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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/21/1994Kent, Washington June 21, 1994 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Present: Councilmembers Clark, Houser, Johnson, Mann, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, City Engineer Gill, Police Chief Crawford, Fire Chief Angelo, Parks Director Hodgson, Finance Division Manager Miller and Governmental Affairs Division Manager Martin.Cocpeopleer Bennett was excused from the meeting. Approximately 50 were in attendance. PUBLIC Introduction of Mayor's Appointees. Mayor White COMMUNICATIONS introduced Senator Adam Smith, who was recently reappointed to the Drinking Driver Task Force, and Gwen Dupree and Kristin Langley who were appointed as Task Force members. He thanked them for attending the meeting and noted that confirmation of these appointments will take place under the Consent Calendar. Drinking Driver Task Force community Partnership Award. Police Chief Crawford and Nancy Mathews, Coordinator of the Drinking Driver Task Force, presented to the Mayor and Council an award which was received from the Alliance of Mayors, along with a check in the amount of $2,500, to be used in combating drinking drivers. Mayor White commended Councilmember Houser, Chair of the Task Force, and the entire group for their efforts. Hire a Veteran Week. Mayor White read a pro- clamation declaring the week of June 19-25, 1994, as Hire a Veteran Week in the City of Kent and encouraging Kent citizens to join him in observing this week of honor for our service men and women, recognizing that when we help a veteran secure employment, we help the family, community and ourselves. Gene Wiley of the Auburn Job Service Center accepted the proclamation. Vision 2020. Mr. Cushman, Director of the Transportation Planning Department of the Puget Sound Regional Council, noted that it is the responsibility of the PSRC to maintain and up- date Vision 2020, which is the region's growth and transportation strategy. He explained that there is a new requirement under the Federal Intermodal Surface Transportation Efficiency Act (ISTEA) which asks for financial accountability 1 June 21, 1994 PUBLIC in regional planning. He distributed copies of COMMUNICATIONS the Vision 2020 Update Progress Report which identifies the key issues and showed a 20 -minute video about the update effort. He noted that their prime objective is to build on the activi- ties that most local jurisdictions are doing in the growth management area. CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through K be approved, with the exception of Item 3F which was removed by Councilmember Houser. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) ARProval of Minutes. Approval of the minutes of the regular Council meeting of June 7, 1994. HEALTH & (CONSENT CALENDAR - ITEM 3I) SANITATION Langston Landing. AUTHORIZATION to accept the bill of sale and warranty agreement submitted by Alex Cugini, Jr. for continuous maintenance and operation of 143 feet of water main extension, 608 feet of sanitary sewer extension, 890 feet of street improvements and 1,246 feet of storm sewer improvements and, release of bonds after expiration of the maintenance period, as re- commended by the Public Works Director. The project is located at 210 Washington Avenue South. WATER (CONSENT CALENDAR - ITEM 3H) ADOPTION of Green/Duwamish Watershed Alliance. Resolution No. 1392 endorsing the goals and objectives of the Green/Duwamish Watershed Alliance, as recommended by the Public Works Committee. STREET (CONSENT CALENDAR - ITEM 3C) VACATION 45th Place South Street Vacation. ADOPTION of Resolution No. 1391 establishing August 2, 1994, as the hearing date for the 45th Place Street Vacation, as recommended by the Public Works Director. ANNEXATION (PUBLIC HEARINGS - ITEM 2A) Ramstead/East Hill Annexation (AN -94-3). This date has been set for the public hearing on the Ramstead/East Hill Annexation. City Engineer Gill outlined the boundaries of the annexation, 2 June 21, 1994 ANNEXATION which is in the southeast portion of Kent, and noted that the area contains approximately 600 acres, which is equivalent to one square mile in size. He noted that the area has an assessed valuation of approximately $69,000,000 and a current population of about 1540 people. Gill noted that the City received a request for annexation in October 1991, and an annexation petition signed by property owners which con- stituted over 60% of the assessed valuation in July 1993, that a SEPA Determination of Non- significance was issued in December 1993, a 60% petition was accepted in February 1994, and the Notice of Intent was approved by the Boundary Review Board in May 1994. Gill noted that this area is within the City's sphere of interest for annexation and within King County's proposed Urban Growth Boundary area. He added that the current zoning in the area is consistent with Kent's zoning. He noted that the area is with- in the City's current franchise boundaries for water and sewer service and is within King County Fire District 37. He said the estimated annual fiscal impact to the City would be approximately $43,000. Mayor White declared the public hearing open. Edward Pawlowski, 27727 106th Avenue SE, voiced concern about property which was obtained 15 years ago. He pointed out the location and said he would like to see the property returned to the rightful owners. He also expressed concern about the safety of a cliff near his property. Gill took note of Mr. Pawlowski's concerns. Rick Turner, 26125 114th, noted that he has a building permit ready to be picked up and asked whether he would be vested and whether there would be any further fees if the area were annexed. The City Attorney said it appears that Turner would be vested, but that he should explain the specifics to him after the meeting. There were no further comments from the audience and WOODS MOVED to close the public hearing. Houser seconded and the motion carried. ORR MOVED to adopt Ordinance No. 3171 incorporating the Ramstead/East Hill Annexation as part of the City. Woods seconded and the motion carried. 3 June 21, 1994 CITY CODE (OTHER BUSINESS - ITEM 4A) Penal Code. The proposed emergency ordinance would amend the Penal Code, Chapter 9.02 KCC, to bring penalty and related provisions into uniformity with state law. As an emergency ordinance, passage requires the affirmative vote of one plus a majority (5) councilmembers. Woods noted that this item was discussed at the Public Safety Committee this date. City Attorney Lubovich explained that the Municipal Court recently dismissed a charge filed under the penal code because the penalty provision of the code defines what constitutes a gross misdemeanor under state statutes and in that particular case the state has differing penal- ties for the same comparable state charge. He noted that this ruling may impact other charges filed in municipal court. He explained that recently enacted state legislation will require that a municipality,s penalties provisions be in conformance with those of similar crimes under the state, and that the proposed emergency ordinance would bring the City's penal code penalty provisions in compliance with state law. Lubovich recited the WHEREAS sections of the proposed ordinance, and noted that a slight technical change has been made to page 20 of the ordinance, which is the striking out of the last three words (under state law) rather than the last two words (state law). WOODS MOVED to adopt Ordinance No. 3172 with the correction made to Section 9.02.96 as recommended by the City Attorney, and in so doing, adopt the findings established therein and declare an emergency as to the matter it addresses. Orr seconded and the motion carried unanimously. CURFEW (OTHER BUSINESS - ITEM 4B) Curfew/Parental Responsibility Ordinance. The proposed ordinance would establish a curfew for juveniles 15 years of age or younger between 12 midnight and 6 a.m. each day. Under this ordinance, it shall also be unlawful for any parent, guardian or other adult person to permit or allow such a juvenile to be in violation of the curfew. The monetary penalty for each 4 June 21, 1994 CURFEW violation is $150. In lieu of the monetary penalty, any person may perform community ser- vice as approved by the court (not the Human Services Commission as discussed at the last Council meeting). This ordinance as proposed shall expire March 20, 1995 unless extended by the City Council. The City Attorney noted that since the discus- sion at the last Council meeting, Section D on page 11 of the proposed ordinance was changed to indicate that community service would be pre- scribed by the court, not the Human Services Commission. WOODS MOVED to make a letter from Carole A. Anderson a part of the record. Orr seconded and the motion carried. Woods then noted that Councilmember Bennett is not in attendance and she is unaware of what motion he would have made. SHE THEN MOVED to reject the ordinance establishing a curfew and providing for parental responsibility for juveniles. Houser seconded. Woods noted that she is comfortable with a curfew, but that state law puts a bind on any city law and limits what the Police force can do on the street. She stated that the proposed ordinance is very weak and that the only honest thing to do was to vote against the ordinance. Mann agreed that the ordinance is weak, and noted that it would not be in violation for a juvenile to be in a public place between the hours of 12 and 6 a.m. if the juvenile was exercising First Amendment Rights. He said that if a juvenile so states, a Police officer can do nothing. He said the ordinance is unenforceable and that it is unacceptable to the Police Chief, Police officers and himself. Clark pointed out that this proposal has eight exceptions, one of which is literally to encourage young people to defy the law, as noted by Councilmember Mann. He stated that the ordinance will not reduce graffiti, it won't reduce violence among teenagers and he will vote to reject it. Orr noted that in theory she supports a curfew/ parental responsibility ordinance, but that this ordinance will not solve the problems. She agreed that this ordinance is unenforceable and encouraged citizens to contact state legislators 5 June 21, 1994 CURFEW and urge them to pass legislation that would enable cities to adopt curfew ordinances which would be enforceable. She expressed reluctance to support any ordinance that the Police Chief and Police officers are not comfortable enforc- ing, and suggested providing alternatives for young people. Johnson spoke in favor of the ordinance even though it is weak, since it is a step in the right direction. He said he trusts police officers, judgement, and agreed that state legislators should be encouraged to adopt laws that will allow cities to adopt a more strict curfew. Houser noted that Police officers can already stop anyone who is com- mitting a crime or is in danger. She said that youth programs will bring kids in off the streets and will solve the problems. Mandy Silverman, 25329 121st Place SE, opposed the curfew, noting that it would divert citizens, attention to matters less important than youth, which would in turn allow youth to continue in a downward spiral. Russ Strinaham, 1411 W. Smith, said he felt the decision on this issue has already been made. He agreed that the proposed ordinance is weak, and suggested writing one with some teeth. He said that perhaps by going to court, state laws could be changed. He expressed concern that potential solutions are not being tried out of fear. Louella Evelyn White, 10005 S.E. 235th, said she has never seen a curfew law solve social pro- blems. She said that youth need support from the community in the form of small centers of concern such as churches and schools. Jennifer Stokeberry, 6329 S. 251st, spoke against the curfew, noting that laws are already in place and they are not always obeyed. She said youth should be asked what they would like, and should be included in the decisions. There were no further comments and the motion to reject the ordinance establishing a curfew and providing for parental responsibility for juveniles then carried with Johnson opposed. Mayor White expressed hope that if this issue comes back in the future, that a strong, workable ordinance be written and that the courts be challenged if necessary. 0 June 21, 1994 YOUTH/TEEN (OTHER BUSINESS - ITEM 4C) CENTER Youth/Teen Center Report. The City Council has received the report of the Youth/Teen Task Force regarding construction of a Youth/Teen Center. The report was referred to Administration for review and recommendation. Subsequently, public hearings have been held, and staff review has been conducted. (A letter opposing the teen center from Carole A. Anderson was made a part of the record earlier in the Council meeting.) Parks Director Hodgson thanked the Youth/Teen Task Force and the staff of the Parks and Recreation Department for their efforts. He noted that staff has held public hearings on this issue, that they have reviewed the budget, and done research on what other communities are doing. He noted that the task force would like to develop a $7.6 million community center located on the East Hill on the Morrell property and expand the current Project Lighthouse into the valley and West Hill. He added that the task force commented that there should be a way to get transportation to the teen center. Hodgson explained the results of the three public hearings which were held on this issue, noting that there was near unanimity on the need for more programs for youth and teens in Kent in a non-traditional way. He pointed out that there were three teenagers on the task force. He noted that citizens felt a youth/teen center would be a safe and supervised place for youth and teens to go, that it would provide preventa- tive activities, and that daily interaction would provide role model and mentorship oppor- tunities. He outlined concerns about the teen center as follows: whether the location is ideal, whether all youth in the community would be able to use the center; how the center would impact the neighbors; and what the cost of construction, maintenance and operation would be. He noted that there was equal support for neighborhood based activities using schools, apartments, and churches, and also support for involving the entire family. 7 June 21, 1994 YOUTH/TEEN Hodgson noted that a meeting was held with CENTER school district administration to look at programs. He noted that there was consensus that the school district needs to develop after school programs for youth and that there is a need for evening and weekend activities for junior high and high school teens, similar to Project Lighthouse. He pointed out that there has been reluctance on the part of parents of elementary youth to having them in facilities with junior high and high school students. He stated that although there was support for a teen center, it was felt that if there is a limited amount of funding, it should be spread out among the community. He noted that the Parks Department and the school district are both committed to making whatever is agreed upon work. Hodgson said that staff has determined that additional funds need to be allocated for non-traditional programs without impacting traditional ones, that a partnership needs to be developed to address youth needs between top management and elected offices, that families be involved, that all City departments work to- gether, and that transportation be secured. He noted that Kent Commons could be turned into a teen center, but that would impact revenue and traditional programs. Hodgson outlined three options as follows: 1. Accept and approve the Teen Center Task Force recommendation that a $7.6 million bond issue be taken to the voters, and that programs be increased to include West Hill and the valley ----------$747,000. 2. Allocate additional funds that are dedi- cated for youth up to $300,000 that would enable staff to enhance current recreation programs to the West Hill and the valley that includes existing community centers, churches, fire stations, apartment com- plexes, and so forth, and maintain the same level of funding for Project Lighthouse ---- -----$413,000. 3. Continue the current level of City support for Project Lighthouse ----------$113,000. 8 June 21, 1994 YOUTH/TEEN He said there are two funding sources: 1) to CENTER increase the utility tax .8% for Option 1 and .3% for Option 2, and 2) to levy the second quarter percent of the real estate excise tax which would generate approximately $500,000 a year. He explained that funds under Option 2 can only be used for capital and transfers would be necessary. Finance Division Manager Miller distributed copies of Bellevue's 1994 tax survey, and noted that it shows that Kent's utility taxes are significantly below other cities. She also distributed a utility tax comparison showing that a .3% increase would result in a cost to homeowners of $4.77, and that a .8% increase would result in a cost of $12.72 a year on a $100,000 home. Miller explained for Orr that the second half percent of real estate excise tax is levied on the sale of a home, and Council can adopt this second half percent by ordinance. She added that the laws are strict as to what it can be used for, such as specific capital items. Mann explained that he will make the following motion unless something dramatic changes his mind: that the Council take action to adopt a combination of Options 1 and 2 of the Youth/ Teen Center Task Force recommendations by: 1) directing the City staff to take the necessary steps to present a $7.6 million bond issue for a vote in the November 1994 general election in order to construct the youth/teen center facility, 2) expanding youth/teen pro- grams within neighborhoods in Kent's East Hill, West Hill and Downtown Kent areas, but only on the condition that the City and King County first enter into an interlocal agreement wherein the County would agree to provide $300,000 annually to support ongoing maintenance and operation of the youth/teen center facility and programs, 3) that Kent's proportionate cost of the maintenance and operation of the youth/teen center facility including the neighborhood expansion programs be funded by increasing the utility tax by .6% beginning in 1995, with the contingency that King County also participate with at least $300,000, and that the date could be changed from 1995 to 1996 or the percentage E June 21, 1994 YOUTH/TEEN could be changed or another form of funding CENTER could be used, and 4) encouraging partnerships within the Kent community. He said it is important to offer this to the voters to see how they feel about having a youth/teen center and paying for it. He said that the Kent Commons and the Senior Center were built through Councilmanic bonds, after voters turned down the bond measure. He said voters should be assured Councilmanic privilege will not be used in this case. MANN THEN MOVED to table this matter to the second Council meeting in July. Clark seconded. Woods said that consideration has been given to the issue and staff has provided options in a timely manner and she would like to make a decision at this time. Orr agreed with Mann's concern about moving too quickly. Houser noted that the Parks Department has held three public hearings and has worked hard to prepare for tonight's meeting, and it is time to take action. The motion to table failed with Mann, Orr and Clark in favor and Woods, Houser and Johnson opposed. MANN THEN MOVED that Council take action to adopt a combination of Options 1 and 2 of the Youth/Teen Centers Task Force recommendation by taking the following actions: 1. directing the City staff to take the neces- sary steps to present a $7.6 million bond issue for a vote at the November 1994 general election in order to construct a youth/teen center facility, and 2. expanding youth/teen programs within neighborhoods within Kent's East Hill, West Hill and Downtown Kent areas but only on the condition that the City and King County first enter into an interlocal agreement wherein the County would agree to provide at least $300,000 annually to support ongoing maintenance and operation of the teen/youth center facility and programs, and 10 June 21, 1994 YOUTH/TEEN 3. funding Kent's proportionate cost of the CENTER maintenance and operation of the youth/teen center facility including the neighborhood expansion programs by increasing the utility tax by .6% beginning in 1995, and 4. encouraging partnerships within the Kent community. Orr seconded. Houser stated that she cannot support this motion because of the location, the lack of transportation to the facility, and the need to try out the programs to see if teenagers will attend. She said it is crucial to take action now and noted that waiting for King County to sign an agreement may cause delays. She spoke in favor of smaller programs in apartments and schools. McFall clarified that the potential increase in utility taxes in Mann's motion would be contingent upon successful passage of the bond issue. Clark said that providing a safe place for youth and teens will be a great stress to City departments and facilities, as well as other agencies. He said that public transporta- tion will need to be a part, no matter what choice is made, and that action to give citizens a chance to vote should be taken tonight. Orr noted that 55% of the youth who would use the facility live on the East Hill, which was taken into consideration in site selection, and clarified that she removed herself from the task force during site selection. She agreed that the best way to make this decision is to let the voters decide, and spoke in favor of continuing Project Lighthouse and expanding other programs within the schools. Houser pointed out that if the voters do not approve the bond measure, the facility will be ruled out forever. She said there is not enough information to send the issue to the voters, since there are no programs and no transportation yet, and voters should be provided with proof that a facility is needed. Johnson spoke in favor of Option 2, saying it is more neighborhood based. He said it would be financially irresponsible to submit this to the voters and then have to tell them that there are no funds to operate it. Upon Mann's question, 11 June 21, 1994 YOUTH/TEEN McFall explained that if the Council ultimately CENTER decides to purchase the Morrell property, the amount of the bond issue could be reduced, even if a specific amount such as $7.6 million was approved by the voters. Woods corrected the impression that the Senior Center was built after the bond failed, noting that the commit- ment to build the Senior Center had been made prior to the issue appearing on the ballot. She noted that she has consistently expressed to Mr. Rasmussen and Ms. Fraser and others a deep concern about issues relative to the teen center, one of which is location. She also voiced concern about the maintenance and opera- tion of the facility. She said she is pleased with Project Lighthouse and commended the task force. She noted that increased programs are possible if taxes are increased, pointed out that this Council has consistently avoided raising taxes, and noted that earmarking the funds allows them to do so in good conscience. She said that in the future there will be more programming and there will be a foundation for not only a teen center on East Hill, but for centers throughout the city. She stated that Mann's proposal is too much too soon and that an incremental approach would be a better choice. Mann's motion then failed with Woods, Houser and Johnson opposed. HOUSER MOVED that the City Council accept Option number 2, which is the allocation of $300,000 on an annualized basis to the expansion of youth and teen programming within neighborhoods and apartments on East Hill, West Hill and the valley; that the revenue necessary to fund this program expansion come from an increase of .3% in the utility tax on all utilities; that this utility tax increase shall sunset on December 31, 1996, unless reauthorized by City Council; that these funds shall be dedicated to funding youth and teen programs as outlined in the staff presentation, and shall be separately accounted for in the city's budget and the 1994 budget shall be changed to reflect the proposed increased revenue and expenditures; and that the 12 June 21, 1994 YOUTH/TEEN City Attorney be directed to prepare the neces- CENTER sary ordinance for presentation to the City Council at its July 5, meeting. Mann seconded and the motion carried. FIRE (BIDS - ITEM 5A) DEPARTMENT Hearing Protection System Contract. A project related to a hearing protection/communication system for emergency response apparatus was authorized within the 1994 Capital Improvement Program, based on previous information that indicated noise levels in and around apparatus may be contributing to hearing loss of personnel and interfering with communications. The responses received from the Request For Proposal were evaluated based on previous criteria. As a result, Bear Communications of Seattle, with the Sigtronics Ultra Sound System, is being recommended along with the purchase of related portable radios. Woods noted that this item was discussed by the Public Safety Committee this date, and that they voted unanimously to approve it. SHE THEN MOVED that the proposal for a hearing protection system be awarded to Bear Communications of Seattle for the Sigtronics Ultra Sound System in the amount of $36,482.95, that the Fire Department be authorized to purchase the asso- ciated portable radios in the amount of $24,280, and that the Mayor be authorized to sign the contracts after review and approval by the City Attorney. Houser seconded and the motion carried. PARKS & (CONSENT CALENDAR - ITEM 3G) RECREATION Comprehensive Park Plan - AdORtion. ADOPTION of the Comprehensive Park Plan as recommended by the Parks Committee on 6/7/94. The adopted plan must be received by the Interagency Commission for Outdoor Recreation (IAC) prior to July 1, 1994, in order for the city to be eligible to receive matching grants. The Public Works Department has submitted a grant application on this funding cycle. 13 June 21, 1994 COUNCIL (CONSENT CALENDAR - ITEM 3J) Council Absence. APPROVAL of an excused absence from the Council meetingof Jul 5, 1994, or Councilmember Clark. (CONSENT CALENDAR - ITEM 3K) (ADDED BY COUNCIL PRESIDENT WOODS) Council Absence. APPROVAL of a request from Councilmember Bennett for an excused absence from tonight's meeting, due to illness. PERSONNEL (CONSENT CALENDAR - ITEM 3D) Re lar Part -Time Block Grant Funded Human Services Planner. AUTHORIZATION to create a regular part-time Human Services Planner position with benefits to be funded totally from Block Grant funds, as requested by the Office of Housing and Human Services. There is currently a Block Grant funded temporary part-time Human Services Intern position which would change to a regular part-time benefitted Human Services Planner. APPOINTMENTS (CONSENT CALENDAR - ITEM 3E) Drinking Driver Task Force. CONFIRMATION of the Mayor's reappointment of Senator Adam Smith to continue serving as a member of the Drinking Driver Task Force. Senator Smith's new appoint- ment will continue to 1/1/97. CONFIRMATION of the Mayor's appointment of Gwen Dupree and Kristen Langley to serve as Task Force members. Ms. Dupree will replace Mike Jasper, whose term expired, and Ms. Langley will replace Ed White. Their terms will continue to 1/1/97. (CONSENT CALENDAR - ITEM 3F) (REMOVED BY COUNCILMEMBER HOUSER) Board of Adjustment. CONFIRMATION of the Mayor's reappointment of Ron Banister as a member of the Kent Board of Adjustment. Mr. Banister's new term will continue until Ordinance No. 3169, which eliminates the Board of Adjustment, becomes effective. 14 June 21, 1994 APPOINTMENTS Doug Gesler, 8707 S. 258th Place, explained that he is a member of the Board of Adjustment and he learned of the elimination of the Board in a newspaper article. He stated that the article had indicated that the Board was taken to court twice, and clarified that they were actually and taken to court on one occasion 16 years ago, that the article said records of the Board of Adjustment were in miserable shape, which is ironic since City employees keep the records. He expressed concern about eliminating citizen boards, and said it is ironic that since the Board is being eliminated, a member is being reappointed. HOUSER MOVED to confirm the reappointment of Ron Banister to the Board of Adjustment. Woods seconded. Motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) ent of the Approval of Bills. APPROVAL of payor bills received through May 31, 1994 and paid on May 31, 1994, after auditing by the Operations Committee on June 8, 1994. A roval of checks issued for vouchers: DateCheck Numbers Amount 5/17/94-5/31/94 143283-143830 $1,517,224.68 Date Check Numbers Amount 6/5/94 Checks 195113-195526 $ 263,602.21 Advices 15526-15899 402,488.72 $ 666,090.93 ADJOURNMENT There were no further items to come before the Council and the meeting adjourned at 9:20 p.m. Brenda Ja ob r, CMC City Cler 15