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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/07/1994Kent, Washington June 7, 1994 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Mann, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Parks Director Hodgson, Human Resources Division Manager Viseth, and Governmental Affairs Division Manager Martin. Councilmember Johnson was excused from the meeting. Approxi- mately 75 people were at the meeting. PUBLIC Oath of Office. Police Chief Crawford intro - COMMUNICATIONS duced new Police Officers Derek Von Kammerzell and Thomas L. Hankins. The Officers were then sworn in by the City Clerk, and presented with their badges by the Mayor. Bob Bradley Day. Police Officer Bob Bradley was called forward and presented with a pro- clamation declaring June 9, 1994, as Bob Bradley Day in the City of Kent. The Mayor noted that Officer Bradley has been Kent's D.A.R.E. officer and has done a great job for the City and for the students. He noted that Bradley is retiring as the D.A.R.E. officer and will serve in other ways in the Police Department. Employee of the Month. Mayor White noted that Rosalie Givens, of the Central Services Divi- sion, has been selected as Employee of the Month for June. He noted that she is dedicated to helping other people, learning new tasks, and taking on new challenges. He added that she volunteers many hours for City programs such as the Balloon Classic and Canterbury Faire, as well as the Wellness Program and the Special Pops Resource Center. Division Manager Charlie Lindsey commended her for her can -do attitude and helpfulness. Flag Day. Mayor White read a proclamation noting that Pause For The Pledge of Allegiance is part of the celebration of National Flag Day throughout the nation and urged all citizens of Kent to pause at 7:00 p.m. EDT on June 14th and join all Americans in reciting the Pledge of Allegiance to our Flag and Nation. City of Yangzhou. The Mayor announced that an agreement with the City of Yangzhou, China was signed on June 6, 1994, calling for the 1 June 7, 1994 PUBLIC promotion of economic development, trade, COMMUNICATIONS cultural exchanges and business negotiations between the cities. He noted that the agree- ment also encourages an exchange of students between the school systems and a voluntary exchange of City personnel. Parks Department Comprehensive Plan Update. Parks Director Hodgson noted that in order for the Parks Department to be approved for grants through the State Interagency For Outdoor Recreation, their Comprehensive Plan must be adopted and submitted by July 1, 1994. He explained that staff has been working with Beckwith & Associations for several months and that the Parks Committee examined and approved the plan earlier today. He stated that the Parks Department Comprehensive Plan can be amended as the City proceeds through the Capital Facilities Plan, and that the only item which could not be changed is the proposal sub- mitted by the Public Works Department for the lagoon project in the amount of $500,000. He introduced Tom Beckwith, who explained that the Executive Summary which was provided to the Council is a draft outline of a forecast of needs for next six years, and noted that the final document will be ready for the Council meeting of June 21. Regional Justice Center Update Wendy Keller, Project Director, noted that Howard Manu- facturing has moved off the site, that the pentatank has been removed, and that asbestos removal has begun. She stated that demolition bid documents will be done next and that demo- lition is scheduled to begin the 1st of August. She also noted that the staffing plan will be completed in October and design documents will be finished the end of December. She noted that the Citizens and Business Advisory Group will meet on June 8th regarding potential impacts to South King County human resources and invited interested persons to attend. Keller stated that they have met with the Kent School District regarding carpeting and ex- pressed appreciation for their help. She noted that urban design review has been completed, and that artists are now doing conceptual presentations. 2 June 7, 1994 PUBLIC ADDED PUBLIC COMMUNICATIONS ITEM lE COMMUNICATIONS Stratford Arms and Colonial Square Sewage Flooding. Council President Woods noted re- ceipt of a letter and packet from Paul Morford, Partner, SDM Properties regarding the Stratford Arms and Colonial Square sewage flooding. She read the letter aloud and MOVED that the letter and packet be made a part of the public record. Orr seconded and the motion carried. ADDED PUBLIC COMMUNICATIONS ITEM IF Board of Adiustment. Councilmember Orr noted that the Council voted three weeks ago to dis- solve the Board of Adjustment and explained the background of the issue. She said that she just learned that the Board of Adjustment mem- bers were not told of the action and that they read about it in the newspaper. She voiced concern about the lack of communication, noting that she would have informed Boardmembers if she had been aware that they had not been con- tacted. She apologized to the Boardmembers and requested that in the future notice of similar kinds of actions be given to all affected parties. She then thanked the Boardmembers for their past work. CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through K be approved, with the exception of Items C, D & E which were removed by Council - members. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) A_RRroval of Minutes. APPROVAL of the minutes of the regular Council meeting of May 17, 1994, and the special meeting of May 24, 1994. WATER (BIDS - ITEM 5A) James Street Water Main Replacement. Bid opening for this project was held on June 1st with nine bids received. The low bid was submitted by Lloyd Enterprises, Inc. in the amount of $466,663.76. The Engineer's estimate was $475,112.70. The project consists of the installation of a new water main, storm sewer, water service lines and temporary erosion/ sedimentation control provisions. 3 June 7, 1994 WATER The Public Works Director has recommended that this bid be accepted and the contract awarded to Lloyd Enterprises, Inc., in the amount of $466,663.76. MANN SO MOVED. Houser seconded and the motion carried. SEWER (OTHER BUSINESS - ITEM 4B) (ADDED ITEM) Stratford Arms and Colonial Square Avartments Sewage Flooding, Tom Sharp, 11126 SE 256th, distributed copies of, and read into the re- cord, a letter from Paul Morford, Partner, SDM Properties, dated June 7, 1994, regarding immediate action to correct conditions causing raw sewage backups at the Stratford Arms and Colonial Square Apartments. Sharp noted that he had written a letter dated March 25th con- cerning their agreement with the staff for an interim solution, and that they agreed to let the City come onto their property to put check valves in. He noted that another interim solution was to put a main down 256th. He said that this is an urgent matter concerning the health, safety and welfare of Kent residents. He added that they must do something for their tenants, and their only recourse is through the Council since they have been unable to get action from staff. He pointed out that the apartments were built before all the current development, and that they hope to avoid taking drastic action which would affect everyone east of the area. He stated that the sewage line is over capacity and urged the Council to take action. City Attorney Lubovich noted for Mann that this item was added to the executive session and that action is expected. Sharp said that they are not contemplating litigation at this time and that he does not understand why their pro- perty would be discussed in executive session. He explained that the easement item is separate from this item; Lubovich agreed that they are two separate items. Mann expressed the desire to address the issue, and White explained that this is a complicated issue and that the liti- gation involved is with another sewer district, which will be explained during the executive session. Woods noted that the Council will be 4 June 7, 1994 SEWER better prepared to discuss this after the executive session, where more information will be made available. SOLID WASTE (OTHER BUSINESS - ITEM 4A) Addendum to Garbage Contract. Staff has nego- tiated with representatives of Kent Disposal on the addendum to the garbage contract necessary to implement the garbage rate increase approved by Council. McFall noted that the rate increase is re- troactive to January 1, 1994, and that the difference for January through June would be spread over a 24 -month period and would not be built into the base rate. MANN MOVED that the Addendum to the Solid Waste Collection and Disposal Contract between the City of Kent and Kent Meridian Disposal be approved and that the Mayor be authorized to sign said addendum. Houser seconded and the motion carried. ANNEXATION (CONSENT CALENDAR - ITEM 3F) Ramstead/East Hill Annexation. AUTHORIZATION to set June 21st as the public hearing date on the Ramstead/East Hill Annexation. The City has received Boundary Review Board approval to proceed with the annexation. CURFEW (PUBLIC HEARING - ITEM 2A) Curfew/Parental Responsibility Ordinance. This date has been set for a public hearing on an ordinance which would prohibit juveniles 15 years of age or younger in public places in the City of Kent between the hours of 12 midnight through 6 a.m. each day. City Attorney Lubovich noted that in 1973 the Washington State Supreme Court ruled that the Seattle juvenile curfew ordinance was uncon- stitutional but that did not eliminate the possibility of a curfew ordinance. He ex- plained the Court's ruling, and noted that the 5th Circuit Court of Appeals recently upheld the City of Dallas' curfew ordinance. He added that on June 1, the U.S. Supreme Court denied review of the Dallas case. He pointed out that the Washington Supreme Court could reach a dif- ferent conclusion under its review of a similar local ordinance. 5 June 7, 1994 CURFEW Lubovich stated that the proposed ordinance was drafted with a conservative approach in an attempt to minimize potential constitutional challenges and, as a result, it lacks some of the teeth that would be desired in a curfew ordinance. He recommended that the ordinance attempt to define problem areas in the City and apply only to those areas. He noted that the proposed ordinance is modeled after Bellingham's recently adopted ordinance and that Bellingham's ordinance was recently found unconstitutional by a juvenile court commis- sioner. He added that that decision has been appealed by the County and the City of Bellingham. Lubovich outlined the proposed ordinance as follows: • The ordinance is a curfew and parental responsibility ordinance. • It applies to juveniles 15 years of age or younger. • The curfew hours are 12 o'clock midnight through 6 a.m. each day. • It is not in violation for a juvenile to be in a public place between the hours of 12 and 6 a.m. if a: 1. juvenile is accompanied by a parent, guardian or adult person having custody; 2. juvenile is traveling to or from an official school, political, religious or recreational activity; 3. juvenile is on an errand at the direc- tion of a parent, guardian or other adult person having custody; 4. juvenile is engaged in lawful employ- ment or traveling to or from such place of employment; N. June 7, 1994 CURFEW 5. juvenile is in a motor vehicle engaged in interstate travel; 6. juvenile is on the sidewalk of his or her legal residence or next door neighbor; 7. juvenile is involved in emergency situation; 8. juvenile is exercising First Amendment rights. • An officer may stop and question a juvenile for his or her name, address, parents' name, and nature of his or her business in a public place. Upon a violation, the officer may direct the juvenile to proceed home or offer to transport the juvenile home. • If the officer believes that the juvenile is in danger, pursuant to RCW 13.32A, the officer may take the juvenile into custody and deliver or arrange to deliver the juvenile to his or her home or, if not to his or her home, to an extended family member, to a residential crisis center, or to another responsible adult under certain circumstances. • Upon a first violation by the juvenile, a warning shall be sent to the parent, guardian or adult person having custody. Upon a second or subsequent violation, a citation may be issued to the parent, guardian or other adult person. • A citation may also be issued to a juvenile for a second or subsequent violation. • A monetary penalty for a violation is $150.00. • Upon receipt of a citation, a person may either pay the assessment, contest the matter in municipal court, or take a class or participate or volunteer in a program or VA June 7, 1994 CURFEW perform community service as may be pre - approved by the Human Services Commission at his or her cost and established for this purpose. It shall be a defense to a parent, guardian or other adult person having care, custody and control of a juvenile that he or she had no reasonable control over the juvenile's actions which provide for the violation. Pursuant to RCW Chapter 7.80, failure to respond to a citation is a misdemeanor. This ordinance expires 240 days from the effective date unless extended by City Council. Upon Woods' question, Lubovich responded that he is not aware that the Human Services Commis- sion had been contacted about this ordinance. Woods stated that she feels it may not be appropriate for the Human Services Commission to perform that activity, and urged Council - members to take that into consideration. The Mayor opened the public hearing. Mand Silverman, 25329 121st Place SE, said that violence is a problem but that a curfew is not the way to solve it. She said there should be a place for kids to hang out, and expressed concern for homeless children. Reverend Bill Carleton, 10201 SE 270th Place, said there is a need for adults and kids to work together on this problem and said there are things adults could do in the way of programs. James Cobb, 226 Titusville Alley, said the curfew is censorship and he is against it. He suggested that the young people be introduced to music, video, art and so forth. Jennifer Stokesberry, 6329 S. 251st Street, noted that although she is 17, she looks much younger, and expressed fear that the curfew could cause harassment to people who may be stopped by an officer because they appear to be under 15. Tim Hees, 731 5th Avenue South, noted that when he was young there was a curfew which did not stop kids from being out. He said a curfew would tie up 0 June 7, 1994 CURFEW Police time which could be spent dealing with other things. He noted that there are many homeless children under 16 living in the woods in Kent, who will have to hide from the Police if there is a curfew. Jack Cosby, 525 Van de Vanter, noted that the City and the Kent School District have long worked together to benefit the citizens. He agreed that the curfew is not the answer and that the things volunteers from the City, the School District and the Parks Department can bring to the community, such as music and sports, will make Kent a great city. There were no further comments from the audience and WOODS MOVED to close the public hearing. Houser seconded and the motion carried. Bennett asked that this item be placed on the Council agenda for June 21, 1994, for action. Mayor White also urged the Council to take action at that time. COUNCIL (CONSENT CALENDAR - ITEM 3K) (ADDED BY COUNCIL PRESIDENT WOODS) Council Absence. APPROVAL of an excused absence for Councilmember Johnson who was unable to attend tonight's meeting. PARKS (CONSENT CALENDAR - ITEM 3C) (REMOVED BY COUNCILMEMBER HOUSER) Riverbend Proposed 1994 Greens Fee Schedule. Approval of the proposed Green Fee Schedule, effective July 15, 1994, was recommended by the Parks Committee at its April 5, 1994 meeting. This proposal follows the staff recommended fee increase schedule, but the Parks Committee added a special discount for City residents. The discount is $.50 below 1993 greens fee rates. Houser noted that this was discussed again by the Parks Committee today who recommended that the fees be increased effective July 15th, but that the reduced fee for residents of the City be delayed until January 1st. She explained that the increase will provide funding for capital improvements such as mowers. SHE THEN MOVED to adopt the proposed rate increase effective July 15, 1994, and delay a reduced 0] June 7, 1994 PARRS resident fee until January 1, 1995, by which time staff will have developed an implementa- tion process for a resident fee. Woods seconded and the motion carried. (CONSENT CALENDAR - ITEM 3E) (REMOVED BY COUNCILMEMBER HOUSER) Director of Golf. Houser noted that this item, approval of the appointment of Thomas Sovay as Director of Golf at Riverbend Golf Complex, was discussed at the Parks Committee meeting this date, and that Mr. Sovay was unanimously selected. She introduced Mr. Sovay and noted that his credentials are impeccable. SHE THEN MOVED to approve the appointment of Thomas Sovay as Director of Golf at Riverbend Golf Complex. Bennett seconded an the motion carried. CITY HALL (CONSENT CALENDAR - ITEM 3D) (REMOVED BY COUNCILMEMBER BENNETT) City Hall Remodel - Change order and Budget Change. Approval of funding is requested for the final two change orders for the City Hall Remodel Project. This includes $9,500 for miscellaneous chiller and lighting adjustments, $237,225 for completion of heating and elec- trical modifications, as well as removing old offices and adding new offices as appropriate on the first, second and third floors of the north wing of City Hall. Bennett noted that two years ago the estimated cost to upgrade the mechanical system was $300,000, and that last fall the cost increased to $750,000 because the system could not be adapted. He said he had voted against it at that time because there was no plan set forth. He noted that there is now a $237,000 change order before the Council, that the work has already been done, and that he is opposed to that process. WOODS MOVED to approve the change order and budget change on the City Hall Remodel, Item 3D. Houser seconded. White commented that this is one of the items the new administration is attempting to finish up. Orr agreed with Bennett regarding the process, and noted that this also came to the Operations 10 June 7, 1994 CITY HALL Committee after the fact. She added that since the work has been done, the bill must be paid, but it would have been nice to know in advance of the cost overrun. The motion to approve the City Hall Remodel Change Order and Budget Change then carried. HUMAN RESOURCES VCONSENT _oluntaryCALENDAR RetirementITEM Incentive Program. AUTHORIZATION to offer eligible employees a monetary incentive for electing to retire within a specific time period, as requested by the Human Resources Division. (CONSENT CALENDAR - ITEM 3H) Safety Awards and Safety Incentive Program. AUTHORIZATION to approve the Safety Awards and Incentive Program by the Operations Committee. The City's Risk Manager has been looking for several years for a Safety Awards Program that can be administered fairly throughout the City, and has recommended the program. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through May 16, 1994 and paid on May 31, 1994, after auditing by the Operations Committee on May 25, 1994. A roval of checks issued for vouchers: Date Check Numbers Amount 5/1/94-5/16/94 142775-143282 $1,995,843.95 Date Check Numbers Amount 5/20/94 Checks 194697-195112 $ 272,710.33 5/20/94 Advices 15145-15525 424.090.07 $ 696,800.40 (CONSENT CALENDAR - ITEM 3I) Extension of Banking Contract. AUTHORIZATION to extend the bank service contract for the second one-year term extension, as allowed by the contract. U.S. Bank has agreed to continue the low rates currently offered. During a Treasurer's Conference the Finance Manager attended last April, it was discovered that U.S. Bank has very competitive rates and is becoming the low bidder for most recent banking bids. 11 June 7, 1994 FINANCE (CONSENT CALENDAR - ITEM 3J) City Shops Rewiring. AUTHORIZATION to esta- blish a $25,000 budget to rewire the city shops offices for electrical to provide dedicated circuits for computers. Productivity has been lost because of computers downtime caused by circuits being overloaded because they are on the same circuits as air conditioners, vending machines and various other equipment. REPORTS Council President. Woods noted that Public Works Director Wickstrom has provided copies of a resolution regarding transportation funding which is being considered at the A.W.C. Conven- tion in Spokane, and asked Councilmembers who are attending to review it. Woods thanked Charlie Lindsey and his crew for their work on the new Council dais, and noted that it is very nice. Operations Committee. Houser noted that the Operations Committee will meet tomorrow morning at 9:30 a.m. Public Safety Committee. Bennett noted that a citizen had suggested to him that a bench be placed in one of the gardens, and that he spoke with Public Works about it. He commended Don Millett and Mike Pulliam for their quick and efficient action. EXECUTIVE At 8:20 p.m., White announced an executive SESSION session of approximately thirty minutes. The meeting reconvened at 9:00 p.m. Labor Negotiations. BENNETT MOVED to authorize the Mayor to enter into a contract with the Kent Police Guild. Houser seconded and the motion carried. Property Sale and Acquisition. City Attorney Lubovich noted that during the executive session some property acquisition and easement issues which affect the Colony Park Apartments were discussed. He noted receipt of a letter from Merrill Gerstel on a proposal for the property and easement issue to acquire a 12 June 7, 1994 EXECUTIVE portion of a piece of property from the city SESSION and to obtain some easements in return for com- pensation and so forth. He suggested a motion to accept into the record a letter dated June 6, 1994, from Merrill Gerstel along with the accompanying site plan, and further to accept Mr. Gerstel's proposal to sell him for $1,000 approximately 2400 sq. ft. of property bordering the east boundary of his property, the Colony Park Condominiums, which adjoin the Riverbend Driving Range, and to grant to Mr. Gerstel easements on the north and south ends of the property as set forth in the site plan solely and limited for the purpose of vehicle turn -around and parking for the condo- minium complex during the duration of it's current use as apartments or condominiums, and that in exchange Mr. Gerstel will grant the city a right of first refusal to purchase the apartment complex property, and further that City Administration is hereby authorized to execute any and all documents necessary to finalize the transaction and that the passage of this motion does not in any way grant or guarantee Mr. Gerstel any permit or variance that may be needed for the construction of carports as noted in his letter. HOUSER SO MOVED. Woods seconded. Motion carried. Potential Litigation. Public Works Director Wickstrom displayed a map showing the Cascade Sewer Interceptor which is a joint line used by Soos Creek Sewer and Water District and the City of Kent. He noted that as one of the first steps to try to resolve an overflow pro- blem at Stratford Arms and Colonial Square Apartments, he would propose to construct a temporary bypass down 256th connecting into the sewer system at 109th. He noted that the cost will be approximately $250,000, and that it should provide some temporary relief to the overflow problems. Wickstrom noted that they chose not to put in check valves because that would cause more problems. He noted that an interlocal Memorandum of Understanding has been prepared, as well as a resolution to take emer- gency actions to put in the temporary bypass. He explained that long -terms solutions may involve a force main and other trunk work to 13 June 7, 1994 EXECUTIVE regain the original capacity which would SESSION tie into the system at 264th and 108th. Wickstrom noted for Houser that the main line on 256th should be under construction within two weeks and could then be completed within 30 days. Lubovich noted that the flapper valve system was deemed to be not workable which is the reason it was not installed, and that that was conveyed to SDM. Bill Dinsdale of SDM Properties, 13700 SE 266th, said he had been told two days ago that the concept of putting the line down 256th had been abandoned and that a line down 116th was being considered. He expressed concern that three months has gone by and nothing has happened, and said it is critical that the city commit to taking this action within a parti- cular time frame and abide by it. MANN MOVED to adopt Resolution No. 1390 relat- ing to the correction of a backup problem in a portion of the city sewer system in the vicin- ity of S.E. 256th Street and 116th Avenue S.E., finding that an emergency exists and requiring the immediate construction of a bypass to pro- vide short-term relief by diverting a portion of the city's sewer system away from that portion of the system affected by this problem. Woods seconded. Bennett urged that the dead- lines be met, and Orr noted that the City will do all in its power to remedy the situation. The motion to adopt Resolution No. 1390 then carried. Assistant City Attorney Brubaker explained that the Memorandum of Understanding between the Soos Creek Water and Sewer District and the City establishes a future working policy to remedy this problem on an immediate basis, on a long-term basis, and to address future regional needs. WOODS MOVED for the approval of the Memorandum of Understanding. Clark seconded. Lubovich suggested that the Mayor be authorized to sign the Memorandum of Understanding between the City and the Soos Creek Water and Sewer District after final approval from the City's Public Works Director and City Attorney 14 June 7, 1994 EXECUTIVE following review of any amendments by the Soos SESSION Creek Water and Sewer District. WOODS SO MOVED. Clark seconded and the motion carried. The meeting adjourned at 9:15 p.m. d-Ge7�,eh Brenda Jac er CMC City 4 Cler 15