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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 10/20/1986 Kent, Washington October 20 , 1986 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Kelleher. Present: Councilmembers Biteman, Dowell , Houser, Johnson, White and [roods, City Administrator McFall , Acting City Attorney Williamson, Planning Director Harris, Public Works Director Wickstrom and Finance Director McCarthy. Also present: Police Chief Frederiksen, Fire Chief Angelo, and Personnel Director Webby. Steve DiJulio of Roberts & Shefelman was also in attendance. Bailey' s absence has been excused. Approximately 40 people were at the meeting. PRESENTATION Jim Rockstad, Manager of Seattle International Raceway, noted that the SIR Parade of Stars had been held in Kent in July. He presented the Mayor with a framed memento of the Parade of Stars in appreciation for the City' s contribu- tion to the success of the parade. Rockstad also announced that he will be the Chairperson for the Businss and Industry Show in 1987 . KENT BUSINESS Incubator Program. Anthony Retford, General DEVELOPMENT Manager of the Kent Business Development Center CENTER Foundation, noted that this was a non-profit FOUNDATION corporation organized to establish and operate a small business incubator in the City. A slide show was presented and then Retford pointed out that the foundation was seeking $10, 000 from the City, and that Green River Community College had comitted $25, 000 and the Kent Chamber of Commerce $3 , 350 in services and support. He noted that the foundation would be located at 823 N. Central, with a part of the building housing Green River Community College ' s education and training center, and part housing the State Employment Security Department. It was noted that the $10, 000 would be used for furniture, office equipment, and computer equipment. It was explained that the grant of $50, 000 from the Private Industry Council cannot be used for furniture. Upon White ' s question, McFall noted that this could become a budget consideration for 1987, or the matter could be referred to the City ' s EDC. Retford stated that the funds were needed immediately and McFall noted that the City could appropriate funds from this year ' s operating budget, which would impact the ending fund balance for the year. WHITE MOVED to grant the request - 1 - October 20 , 1986 KENT BUSINESS for the funds for the incubator group in the DEVELOPMENT amount of $10 , 000 and Woods seconded. Dowell CENTER noted that he was a member of the Board of FOUNDATION Directors of this group and would, therefore, abstain from voting. Biteman noted that this would seem to be an appropriate expenditure for the EDC. He suggested that if in the future the Foundation outgrew this office, that the furni- ture and equipment be returned to the City. This was accepted as a part of the motion and the motion then carried with Dowell abstaining. CONSENT CALENDAR WHITE MOVED that Consent Calendar Items A through 0, with the exception of Items C, F and I , be approved. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of October 6, 1986. HEALTH & (CONSENT CALENDAR ITEM 5M) SANITATION Fourth Avenue Apartments. AUTHORIZATION for pre- paration of latecomer agreement for approximately 680 feet of sanitary sewer main constructed for the Fourth Avenue Apartments and authorization for the Director of Public Works to sign same. ( CONSENT CALENDAR ITEM 5N) LID 325 - 76th Avenue South from S. 212th to S. 220th. ADOPTION of Resolution 1114 setting November 17 as the date for a public hearing on the formation of LID 325, providing for street, sewer and water improvements on 76th Avenue South. ( CONSENT CALENDAR ITEM 50) 109th Avenue S.E. Improvements. ACCEPTANCE of a bill of sale and warranty agreement for con- struction of approximately 3 , 159 feet of water main improvements , approximately 2 , 696 feet of street improvements , and approximately 3, 957 feet of storm sewer improvements in the vicinity of 109th Avenue S.E. and S.E. 248th for the Shires Phase III Project, and release of the cash bond after expiration of the maintenance period. WATER (CONSENT CALENDAR ITEM 5K) Revocation of Easement. As approved by the Public Works Committee, AUTHORIZATION to revoke an ease- ment over the north ten feet of the water reser- voir property between 423 and 505 N. Summit Avenue. 2 - i October 20, 1986 STREETS (CONSENT CALENDAR ITEM 5L) West Valley Highway and S. 212th Street Improve- ments. AUTHORIZATION for the Mayor to sign an agreement with the Washington State Department o Transportation for funds for the West Valley Highway and S. 212th street improvement project, as recommended by the Public Works Committee. ANNEXATION ZONING (CONSENT CALENDAR ITEM 5E) Zoning of Rupert Annexation. ADOPTION of Ordinance 2668 zoning the Rupert Annexation R1 -9. 6 Single Family Residential , for which public hearings were held on August 18 and October 6, 1986 . REZONE (CONSENT CALENDAR ITEM 5H) West Hill Comprehensive Plan Implementation - Rezone. ADOPTION of Ordinance 2670 relating to the implementation of the West Hill Comprehensive Plan through rezoning of certain subareas confirm- ing in part recommendation of the Hearing Examiner pursuant to Resolution 1087. This ordinance was reviewed by the Council following public hearings before the Hearing Examiner and before the Council, concluding on September 15, 1986 on zoning sites, including appeals for rezone of Sites 3G and 10. HOUSING & 1987 Housing and Community Development Program. COMMUNITY The Planning Committee reviewed the 1987 Housing DEVELOPMENT and Community Development Block Grant program on October 6 , 1986 and recommends approval . WOODS MOVED that the 1987 Housing and Community Develop- ment Program be approved. Biteman seconded and the motion carried. PLANNING Planning Department Fee Proposal. This date has DEPARTMENT been set for the public hearing to consider FEES revisions to the fees collected by the Planning Department for various applications and procedures. The Council ' s Planning Committe endorsed the new fees on October 6, 1986. The Mayor opened the public hearing. There were no comments from the audience and no correspondence has been received. WOODS MOVED to close the public hearing. White seconded and the motion carried. Biteman noted that this matter had been carefully examined and that he feels the increases are justified. WOODS MOVED to approve Ordinance 2667 increasing cer- tain fees collected by the Planning Department. Biteman seconded and the motion carried. 3 - October 20, 1986 GREEN RIVER Green River Community Health Center. An agree- COMMUNITY ment between the City and Green River Community HEALTH CENTER Health Center has been prepared for the Council ' s consideration and approval. The agreement will permit the Center to occupy part of the old Senior Center Parking Lot at the northeast corner of State Street and Meeker Street. On October 6 , 1986 , the Planning Committee recommended that the agreement be approved. Dowell noted that he is concerned about the parking in the area. WOODS MOVED that the agreement between the City and Green River Community Health Center be approved. Biteman seconded and the motion carried. ECONOMIC (CONSENT CALENDAR ITEM 5D) DEVELOPMENT Economic Development Corporation - Northwest CORPORATION Bottling Application. In accordance with TEFRA regulations, AUTHORIZATION to set the Council meeting of November 3 , 1986 as the date for a public hearing on the application of Northwest Bottling Company for Industrial Revenue Bond financing. CABLE TV (CONSENT CALENDAR ITEM 5G) Transfer of Group W Cable TV Franchise to TCI Cable Vision of Washington, Inc. ADOPTION of Ordinance 2669 relating to the transfer of Cable TV franchise rights from Group W Cable, Inc. to TCI Cable Vision of Washington, Inc. This ordinance was reviewed by the Council and a public hearing was held on October 6, 1986. Mayor Kelleher noted that he has asked the staff to prepare proposals for televising City Council meetings. He stated that a basic package could be produced for $5 , 500 which would include audio, video, lighting and associated equipment. The operating costs would be minimal and TCI would cable-cast the video tape at no extra charge. He stated that staff will still develop other more elaborate proposals which may be considered if the inexpensive proposal proves unsatisfactory. The Mayor noted that this matter would be dis- cussed at a future workshop. 4 - i October 20, 1986 LEGISLATION Initiative and Referendum. Mayor Kelleher read a memo requesting that the Council adopt a reso- lution declaring its intention to create initiative and referendum powers permitted under Washington State Law. He further requested that the Council authorize staff and City Attorney to assist in undertaking Council action by publishing the Council ' s intention to adopt initiative and referendum powers. He also requested that the Council direct staff and City Attorney to prepare the necessary ordinances for adoption of such power, in the event that no referendum petition has been filed during the required 90-day statu- tory period. The Mayor noted that he was not asking for action at tonight' s meeting. SOLID WASTE Consent Calendar Items 5C, 5F and 5I were removed from the Consent Calendar for further discussion under Other Business. These items are related to Other Business Item 6C, added to the agenda this evening. (CONSENT CALENDAR ITEM 5C) REMOVED FOR DISCUSSION. Solid Waste Disposal Fund. Establishment of a fund in the amount of $350 , 000 from the unencum- bered sewerage utility funds to pay any entry/ user etc. , costs associated with executing City/ County solid waste disposal agreement. At the Mayor ' s request, McFall explained that this item provides for the creation of a project fund for accounting purposes, to set aside funds from the Solid Waste Utility so as to have funds available for payment to King County in the event that the City is able to reach an agreement with the County for the use of Cedar Hills Landfill. This action would set aside $350, 000, believed to be more than sufficient for any amount which might be agreed to with King County for the use of Cedar Hills. If the funds were not used, or used in an amount less than $350 , 000, any funds remaining would be returned back to the Utility. Upon a question from Bill Stewart, the Mayor clarified that this action creates the funds which could be used if an agreement is reached with the County. (CONSENT CALENDAR ITEM 5F) REMOVED FOR DISCUSSION. Utilities - Garbage and Refuse Collection. Adoption of Ordinance 2665 entitled: AN ORDINANCE 5 I October 20, 1986 SOLID WASTE of the City of Kent, Washington, relating to utilities ; amending KCC 7 . 03. 010 (Ordinance 2547 ) to remove the System for Garbage and Refuse Col- lection and Disposal from the City of Kent System of Sewerage. McFall explained that this proposed ordinance would separate the Solid Waste Utility from the com- bined Sewer Utility. Currently the Sanitary Sewer Utility, Drainage Utility and Solid Waste Utility are combined into one overall utility operation. Since some change may be made in the City ' s Solid Waste Utility, or because it could potentially be eliminated, this action is to re- move the Solid Waste Utility from the other utilities and allow bonds to be issued for the Drainage Utility without encumbering said bonds with the Solid Waste issue. This proposed ordi- nance does not in any way make a decision about the future disposition of the City ' s solid waste. ( CONSENT CALENDAR ITEM 5I ) REMOVED FOR DISCUSSION. 1986 Sewerage System Revenue Bonds. As recom- mended by the Operations Committee on October 15, 1986 , adoption of Ordinance 2666 providing for the issuance of $4, 600, 000 in sewerage system revenue bonds for the purposes of providing additions and betterments to the storm and surface water utility. The ordinance fixes the date and interest rates for the bonds and provides for sale of same to Shearson Lehman Brothers, Inc. , Foster & Marshall Division. McFall noted that this item would provide for the bonds for the Drainage Utility, and that the separation of the Solid Waste Utility from the combined utility must be accomplished before this ordinance can be adopted. DiJulio noted that the Arbitrage section of the bond ordinance, (page 23 ) would be amended to be certain that the City provides maximum protection to the pur- chase of the bonds , ensuring that it will never be possible for these bonds to become taxable bonds. Ordinance to discontinue the Kent Garbage Utility. Ordinance 2671 has been prepared providing for discontinuing the Kent Garbage Utility effective January 1 , 1987 . - 6 - October 20, 1986 SOLID WASTE McFall noted that he would outline the situation and the options which the City might have. He pointed out that the City of Seattle and the City of Kent currently dispose of their solid waste in the Kent Highlands Landfill. Kent and Seattle have entered into an out-of-court settlement which specified that the landfill would be closed no later than December 31 , 1986 . The closure requires that Kent and Seattle both have somewhere else to dispose of the solid waste, thus causing the controversy. Seattle has been negotiating with King County regarding gaining access to the County ' s Cedar Hills landfill, as has Kent. Seattle and King County have tentatively agreed to enter into an agreement, but no formal docu- ment has been signed which would permit Seattle to use Cedar Hills on or before January 1 . This is a key item in the closure of Kent Highlands and is therefore important to the City. It appears that such an agreement could not be signed until mid-November. Kent had also been nego- tiating with the County for use of Cedar Hills, and one of the areas of disagreement is that Kent insists that King County would not try to keep Kent Highlands open after January 1 , and King County will not negotiate that item. Con- sequently, at this time neither Kent nor Seattle has access to Cedar Hills landfill, and time is important inasmuch as Kent ' s contract with our current garbage collector, General Disposal , expires on December 31 , 1986 . Several options exist, one of which is to attempt to extend our contract with General Disposal. This operation is a part of the City ' s utility operation with the City collecting the fees and paying General Disposal. We have no assurance at this time that General Disposal would have access to any landfill other than Kent Highlands, therefore access to Cedar Hills is of paramount importance. Such access requires an agreement between Kent and King County. Another option is for Kent to get out of the trash collection business. The Washington Utilities & Transportation Commission certifies franchised haulers and grants them territories, so if Kent ceases to conract with our own hauler, a franchised hauler would serve us. The City and the franchised haulers for this area are of 7 - I I October 20, 1986 SOLID WASTE the opinion that they would have access to Cedar Hills under the State law, and under the State franchise. McFall pointed out, however, that King County does not necessarily agree with this interpretation so there could be a basis for dis- cussion or possible litigation on that point. If the City opts to get out of the trash collection business, the problem of how the franchised hauler goes about disposing of the trash be- comes the hauler ' s problem. The disadvantage of this option is the lead time required for a franchised hauler to be ready to start operations for the City by January 1 , 1987. The City, of course, must be in a position to be sure that ser- vice is uninterrupted, with a place for the dis- posal of the trash, so the timing for action by the City is important. Such lead time is estimated to be 60 days, or more. McFall pointed out that in the meantime negotiations with King County would continue, in an attempt to reach an agree- ment. Setting aside the funds in Item 5C keeps this option open. Securing competitive quotes or bids from the fran- chised haulers takes time and, of course, does not solve the question of access to the Cedar Hills landfill. Action is requested by the Council as to how the trash should be collected after the first of the year. At the Mayor ' s request, Steve DiJulio explained that Ordinance 2671 proposed for adoption would terminate the City ' s Solid Waste Utility as of January 1 , 1987. Mayor Kelleher noted that he supported the adoption of this ordinance, recognizing, however, that we don ' t have an alternative that doesn ' t have serious disadvantages. Upon White ' s question, McFall clarified that with the exception of using the franchised hauler, we have no place for disposal. Kelleher pointed out that contracting with the franchised hauler will not guarantee access to Cedar Hills , but that our legal staff felt that we would have access there through the franchised hauler. Burt Barton stated that he was a property owner in Kent, and commented that local citizen input was needed before terminating the contract and utilizing the franchised hauler. He pointed out that rate increases by the Utilities Commission - 8 - October 20, 1986 SOLID WASTE are usually passed on to the citizens. He opined that once such a decision was made it might be difficult to have control returned from the Utilities Commission to the City. Greg Wingard, coordinator of Citizens Against Landfill, complimented former City Attorney DiJulio for his work on the landfill issue. He opposed having the State franchised dealer handle the garbage collection, stating that the City should maintain control and that this responsi- bility belonged with the City. He pointed out that the extent of damage from landfill sites would not be known for years. At Mayor Kelleher ' s request, DiJulio explained that a provision for a 5-year franchise period would not apply in this instance, that this provision covered annexed areas only. Jerry Hardebeck of Bayside/Rainier Disposal, stated that he had previously noted that the City needed only 60 days to allow a new contractor to be ready to take over trash hauling. He sug- gested that the City continue negotiations with King County and receive proposals from contractors. He stated that Rainier Disposal would be willing to start to arrange for January 1 service for the City prior to having a signed contract, thus assum- ing some of the risk. He noted that if the City did not have a signed contract with the County, Rainier would then be in the position of having extra equipment on hand. He pointed out further that the State franchises were issued to territories and that rates were based upon the expenses of picking up the garbage in the entire territory, including the rural areas. He opined therefore, that the rates for Kent from such a contractor would be high. Nona Brazier of Northwest Recovery Systems, haulers in King and Pierce Counties , noted that there were many haulers who were interested in Kent ' s contract, and that Kent should remain in control of the garbage hauling for the City. She noted that the deadline of January 1 could be met by carriers , and that the independent carriers would like the opportunity to bid on Kent ' s busi- ness. Larry Lorenz of General Disposal, current contractor for the City, stated that this decision 9 - i I October 20, 1986 SOLID WASTE would have a long lasting effect on the City. He noted especially that the State franchised hauler would cost more and that the City would lose the free services now given by General , such as Spring Cleanup and Christmas tree pickup and free pick up of the City ' s garbage. He pointed out that the money saved by the City staying in control would be passed on to the citizens. He pointed out that if Kent Highlands remained open, the State fran- chised hauler would opt to dump there, as the rate was cheaper than at Cedar Hills. Brian Lawson of Lawson Disposal , Issaquah, sug- gested that the City allow a presentation of some alternatives by the private haulers . Lorenz and Brazier noted that they, too, would be available to meet with City staff to discuss negotiations. Nels Johnson of Meridian Valley Disposal com- mented that local residents would have an oppor- tunity for input regarding rates, as the State franchised hauler was required to provide notice of proposed rate increases. As one of the fran- chised haulers for this territory, he stated that his attorneys were confident that they could use the Cedar Hills landfill site. White noted that the City ' s primary concern was the closing of Kent Highlands by December 31 and that provision has to be made for disposal of the trash after that date. Dowell stated that the citizens will look to the City to provide for, and control the trash utility. HE MOVED to extend the current contract with the existing hauler while continuing to negotiate with the County, with the ultimate goal to be competitive bidding at a future date. Biteman seconded. Johnson opposed the motion, noting that until an agreement with King County is reached, the City has no place todump the garbage. He favored Dowell ' s proposal , but felt that the City had no choice but to go to the State franchised hauler. The motion failed with only Dowell supporting it. Larry Lorenz noted that the City was concerned not only with a place to dump the garbage, but with having a guarantee that the County would not interfere with the closure of Kent Highlands dump effective January 1 , 1987 . White confirmed that he was committed to closing Kent Highlands . - 10 - October 20, 1986 SOLID WASTE Dowell stated that the two items were perhaps not necessarily linked together. Johnson opined that the closure was linked with providing another place to dump the trash. He saw no alternative to having the State franchised hauler provide the service. Houser noted that she lived in the land- fill area and that the residents in the area were tired of the situation. She stated that in order to close the Highlands, another dumping site must be assured. BITEMAN MOVED to adopt Ordinance 2671 providing for discontinuanceof the Kent Garbage Utility effective January 1 , 1987. Houser seconded. DiJulio confirmed for Mayor Kelleher that this item could be acted upon prior to final action on Items 5C, 5F and 5I. Biteman noted that he has been meeting with the County Solid Waste planning body for three years and that they have known all along that the City ' s plan was to close Kent Highlands on January 1 , 1987, and that we have come to the point of only one direction, based upon advice from our legal staff. Woods noted that this issue was the most difficult decision she had faced as a Councilperson. She agreed with the motion as the best decision at this point in time under the prevailing conditions and cir- cumstances. White noted that he believed in com- petitive bidding process, but that he would sup- port this motion. At the request of Burt Barton, DiJulio explained that the ordinance under dis- cussion would discontinue the Kent Garbage Utility to become effective January 1 , 1987 . Upon Barton ' s question, DiJulio confirmed for Kelleher that this ordinance could be changed by another ordi- nance if an agreement was reached with King County. Biteman noted that this ordinance provides for reestablishing the garbage utility in the future. Barton suggested that the ordinance be passed with the clarification that opportunity to negotiate would continue. Biteman did not accept this as a friendly amendment and there was no motion to pro- pose such an amendment. The Mayor noted that the City is still anxious to work with the County and to secure a negotiated contract. Johnson agreed. White expressed concern that the County has not been fair with the City in this as well as other situations. McFall clarified for Wingard that under this ordi- nance, the City would have no contract with any hauler, that the State ' s franchised hauler would just take over. - 11 - October 20, 1986 SOLID WASTE Upon Barton' s question, DiJulio noted that Meridiar. Valley and SeaTac Disposal currently hold exist- ing certificates to operate within the City and that if the City removes itself from the garbage hauling business , these haulers will be allowed to operate within the City. If the City reasserts its right to operate a garbage utility, it may do so without concern about the existence of the fran- chisee. He clarified that there would be a start- up time, but that "just compensation" does not enter into this as the City has the right to re- establish its own garbage utility. Lorenz proposed that the Council consider adding to the motion that in the event that an agreement was reached with King County, that this question of abandoning the City ' s Solid Waste Utility be immediately returned to the Council for recon- sideration. Biteman rejected changing the motion as unnecessary, since this was covered. There was no offer to thus amend the motion. Dowell noted that the audience, whether citizens of the City or not, was not happy with the Council ' s pro- posed action. He stated he did not favor the ordinance but did not want to tie the City ' s hands in negotiations with the County, and he MOVED to table action on adopting this ordinance. There was no second and the motion failed. The motion to adopt Ordinance 2671 providing for discontinuing the Kent Garbage Utility effective January 1 , 1987 CARRIED, with Dowell dissenting. ( CONSENT CALENDAR ITEM 5C) Solid Waste Disposal Fund. JOHNSON MOVED to approve establishment of a fund in the amount of $350, 000 from the unencumbered sewerage utility funds to pay any entry/user etc. costs associated with executing City/County solid waste disposal ,-_agreement. White seconded and the motion carried. ( CONSENT CALENDAR ITEM 5F) Utilities - Garbage and Refuse Collection. WHITE MOVED, Biteman seconded, to adopt Ordinance 2665 removing the System of Garbage and Refuse Collec- tion from the City ' s System of Sewerage. Motion carried. - 12 - October 20 , 1986 SOLID WASTE (CONSENT CALENDAR ITEM 5I ) 1986 Sewerage System Revenue Bonds. JOHNSON MOVED, Biteman seconded, to adopt Ordinance 2666 providing for the issuance of $4, 600 , 000 in sewer- age system revenue bonds for the purposes of providing additions and betterments to the storm and surface water utility. The ordinance fixes the date and interest rates for the bonds and pro- vides for sale of same to Shearson Lehman Brothers , Inc. , Foster & Marshall Division. Motion carried. PERSONNEL (CONSENT CALENDAR ITEM 5J) Compensation Plan - Department Directors. ACCEPT- ANCE of the merit based compensation plan for department directors including authorization for the City Attorney to prepare the enabling ordi- nance. The new plan has been reviewed by the Operations Commitee at its meetings of August 15 and October 15 , 1986 . The Operations Committee recommends approval and implementation of the com- pensation plan. FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through October 23 after auditing by the Operations Committee at its meeting at 8: 30 a.m. on October 31 . COUNCIL Public Safety Committee. Biteman noted that COMMITTEES there would be a Public Safety Committee meeting on Thursday, October 23 , at 7 : 30 a.m. ADJOURNMENT WHITE MOVED that the meeting be adjourned at 9 : 15 p.m. , Houser seconded. Motion carried. Marie Jensen, CMC City Clerk - 13 -