Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/01/1987 Kent, Washington December 1 , 1987 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Bailey, Biteman, Dow , ,Dowell , Houser Johnson, White and Woods, City Administrator McFall, City Attorney Driscoll, Planning Director Harris , Public Works Director Wickstrom and Finance Director McCarthy. Also present: Fire Chief Angelo, Police Chief Frederiksen, Personnel Director Webby and Parks Director Wilson. Approximately 50 people were in attendance. EMPLOYEE OF THE Employee of the Month. Mayor Kelleher announced MONTH that Becky Giles of the Parks and Recreation Department has been named as Employee of the Month for December. Barney Wilson, Parks Director, com- mended Giles on her positive attitude and enthusiasm and presented her with the Employee of the Month plaque. CONSENT CALENDAR WHITE MOVED that Consent Calendar Items A through D be approved. Bailey seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of , the regular Council meeting of November 17, 1987.­ -­ FINANCE FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. Approval of payment of bills received through December 4 , 1987 after auditing by the Operations Committee at its meeting at 8: 30 a.m. , Decemer 15 , 1987 . Approval of checks issued for vouchers: Date Check Numbers Amount 11/13-11/16 55248-55253 $ 21,331.89 11/16 55254-55808 $ 991,228.65 11/17-11/20 55809-55830 $ 168,640.12 $1,181,202.66 Approval of checks issued forpayroll: Date Check Numbers Amount 11/20/87 97216-97784 $ 562,065.59 - 1 - December 1 , 1987 1988 BUDGET 1988 Comprehensive Annual Budget. Each year the City Council must adopt a budget which establishes the proposed spending for the coming year. The proposed 1988 Budget has been reviewed by City Council and Council Committees, and all required public hearings have been held. Ordinance 2757 has been prepared to adopt the 1988 budget. Council President White distributed Scenario A of the Sum- mary Budget Analysis and MOVED to adopt Scenario A as the 1988 Budget under Ordinance 2757. Johnson seconded. White noted that a compromise budget had been discussed at the workshop last week, and that he had been in favor of no increase in any type of taxes, but that there was not a consensus on this. He stated that by adopting the compromise budget the City would be borrowing against the future for a one year cure to the revenue problems. He pointed out that there had been no recommendations for cuts from the committees and he had, therefore asked staff to develop a new scenario for the ------- Council ' s consideration. This scenario would leave CORRECTED - REFER TO in tact the CIP fund balance of $400, 000 and the planned $250, 000 increase in the general fund MINUTES OF balance, bringing that to $1 , 000, 000. This scenario would fund all of the police and fire positions and the Assistant City Attorney position but not the Fire Training Lieutenant or the data entry clerks. Scenario A is based on the original "options" budget but is amended to reflect the loss of $124 , 000 due to King County' s action in raising the sales tax rate. Proposed admission taxes and applicant processing fees have been eliminated. This budget will require a utility tax rate of 3 . 5% on all utilities except garbage which will remain at 6. 5%. Parking fines would be increased from $5 to $10 and recreation fees will be increased to equal $90, 000. White clarified that the budget he proposed tonight as Scenario A was essentially that which was pro- posed by the Mayor and City Administrator, but takes into account the loss of revenue due to the King County increase in sales tax. This proposal cuts some of the less essential items originally pro- posed. Bailey noted that he had been away at the time of the workshop but that he had reviewed the docu- ments. He pointed out that he had supported - 2 - December 1 , 1987 1988 BUDGET reduction of utility taxes for many years, how- ever he had perceived a move toward reducing con- tingency funds and/or capital improvement funds to use for operating the city. He noted that the city had changed over the last ten years and that attitudes toward spending must also change. He suggested that the Council establish their target issues over a five year period and that income and expenditures be closely monitored throughout each year so that corrective recommendations could be made immediately. This could be done at open meet- ings of the Operations Committee. He stated he would support White ' s proposal although he didn' t like the increase in utility taxes. Scenario I and II Combined, which was discussed last week at the workshop, were then distributed and McFall noted that this was the compromise of Scenario I and Scenario II. Scenario I funded police and fire positions as well as an Assistant City Attorney without any increase in taxes or fees. Scenario II called for 2% increase in utility taxes both on city and non-city owned utilities and replaced some expenses that the Council had deemed to be priorities . Biteman noted that the budget had been a difficult process and that the Council was now asked to consider some different items than those discussed at the workshop last week. Dowell agreed that this was calling for a quick decision on information which had just been received. Woods noted that she had been in the minority last week, inasmuch as she favored the original "options" budget. She noted concern over the depletion of funding for park land acquisition and for parking facilities for Kent Commons, but that she favored Scenario A over Scenario I and II. Johnson stated that he would support Scenario A reluctantly, although he had concern about meeting the staffing needs in the police and fire depart- ments . He noted that the City operated in a highly efficient manner and that staff performance was excellent even when under-funded. At the request of Biteman, McFall clarified that Scenario A would change utility taxes as follows: From 2% to 3. 5% on city-owned utilities From 2. 5% to 3. 5% on non-city owned utilities Garbage collection tax to remain at 6. 5% McFall noted that Scenario A corresponds to the original recommendation of the Mayor and Admini- 3 - December 1 , 1987 1988 BUDGET strator. White pointed out that "A" was similar to the options budget except for taking into con- sideration that the county had raised the sales tax to 8. 1 %. Houser stated that she had understood that it had been agreed that a 1% utility tax increase would be adequate for present needs and that the matter could be reviewed next year and the tax increased if necessary. She pointed out that it was very difficult to reduce taxes once they are in place. Dowell noted that this was a $58 million base budget with $3 million more to spend than last year and that he thought the budget could be balanced, including police and fire staffing, with a utility tax increase of only %. White stated that to do this the contingency funds would have to be used. Without sufficient revenue, final balances will be used and depleted. Biteman stated that over the past two years the City had shown an increase of $2 million in revenue without raising taxes and it appered that expenditures were raised to meet the enhanced income. He concurred that this type of operation depletes the contingency fund. He favored the % increase and stated that if more than 1% increase was placed on utilities, the excess should go into the contingency fund. He objected to the proposal to pass a budget of this magnitude at this meeting, when the Council had not seen this particular proposal until fifteen minutes ago. Bailey suggested that the utility tax could be reduced after six months if it was found to be working to capacity. Houser objected noting that positions funded by the tax would not be eliminated after six months. Dowell stated that he favored holding the utility tax increase to % noting some items in the budget could be questioned, such as computers for the golf course and $350, 000 for a parking lot for the Commons. At Bailey' s request, McFall noted that the tax increase proposed by Scenario A would produce $596, 000 and that the 20 increase would bring $273 , 000 in revenue. Joe Street had several concerns and spoke against the higher increase in utility taxes. Paul Morford - 4 - December 1 , 1987 1988 BUDGET suggested that the City should establish priorities and then make cuts in other areas. Jim Orr of 24909 114th Avenue S.E. expressed concern as to the lack of a park in the East Hill area and observed that multifamily zoning increased the need for parks. White ' s motion to adopt Scenario A as the 1988 budget under Ordinance 2757 carried over the dis- senting votes of Biteman, Dowell and Houser. (Copies of Scenario A and of Scenario I and II Com- bined have been filed for the record. ) UTILITY TAX Utility Tax Increase. The 1988 Options Budget, INCREASE Scenario A, provides for an increase in utilities taxes and provides further for clarifying the manner in which utilities taxes will be collected. WHITE MOVED to adopt Ordinance 2758, providing for utilities taxes of 32% for non-city owned utilities of electric, telephone and gas , and 32% for city- owned utilities of water, sewer and drainage. Woods seconded and the motion carried with Biteman, Dowell and Houser opposing. PROPERTY TAX LEVY 1988 Property Tax Levy. The maximum levy as provided by the King County Assessors Office was approxi- mately $5, 000 less than originally estimated in the preliminary budget. This reduction in amount has been taken into consideration in the calcula- tion of the levy amounts and rates shown in the ordinance. The 1988 Property Tax Levy amounts total $7 , 412, 989 of which $6, 254 , 985 is for the General Fund and $1 , 158, 004 is for the Debt Service Fund for the 1980 Fire Apparatus Issue and the 1986 Public Safety Issue. These levy amounts pro- duce a combined levy rate of $3 . 107 dollars per year. Ordinance 2756 has been prepared for the 1988 tax levy. WHITE MOVED to adopt Ordinance 2756 setting the 1938 tax levy rate. Woods seconded and the motion carried. STREETS LID 327 - West Valley Highway Improvements - S. 212th to James Street. Resolution 1153 , adopted by Council on November 3 , 1987 , set this date as public hearing on formation of LID 327. The City Clerk has given the proper notification to the property owners. The Director of Public Works described the improvements to be constructed by this LID, noting that this project had been under - 5 - i December 1 , 1987 STREETS consideration for several years. A similar improve- ment and LID has been approved for West Valley Highway from S. 212th Street to S. 189th Street (LID 328) . The Washington State D.O.T. notified the City of their plans for an overlay of this State j route and the D.O.T. money for paving would reduce the cost to the property owners. The D.O.T. has delayed the overlay to allow time for the City to form an LID. Wickstrom explained that the project will include additional paving width to accomodate more lanes, overlay of the existing pavement, drain- LID 327 age, curb and gutter, sidewalk, street trees, landscaping of the U-turn route island areas, illumination, signal improvements ; some under- grounding of electrical facilities and utility extensions, and relocations. Wickstrom explained the costs as follows: COST SUMMARY CATEGORY TOTAL COST UAB DOT CITY LID FUNDS Street & Drainage $4,960,868.02 $869,200 $271,277 $460,000 $3,360,391.02 2-way Turn 160,759 30,800 0 0 129,959 Drainage Oversize 77,988 0 0 8,880.87 69,107.13 Sanitary Sewer 15,757 0 0 0 15,757 PROJECT TOTAL $5,215,372.02 $900,000 $271,277 $468,880.87 $3,575,214.15 A Bond Guarantee Fund is required to protect the bond holders in case LID assessments are not paid. For LID 327 it is estimated that $265 , 000 is required which is not included in the summary. It is proposed that the City will provide this guarantee fund. Another cost, not included above, is the storm sewer rebuild from James to about S. 234th Street, and drainage channel and culvert crossing just south of 216th Street which will be paid by the drainage utility. These improvements are incor- porated into this project because they must be complete prior to the road construction. The method of figuring the assessment for the vari- ous properties was described by Wickstrom. The method of payment over a 20-year period was explained by Wickstrom and he noted that on March 27, the Kent Planning Department issued a Declaration of Nonsignificance for LID 327 . I - 6 - i ! December 1 , 1987 STREETS The Mayor declared the public hearing open. Mel Kleweno, representing Jack Keck, owner of Circle K Mobile Park, stated that the park should be entirely deleted, since it had no access to the West Valley Highway. Improvement of the West Valley Highway would not enhance the value of the property and assessment costs would have to be passed on to the tenants , many of whom are elderly. He stated that property owners have the ability to protest even though it appeared that sufficient property owners had already committed to the LID through execution of covenants, mitigation agreements , etc. He com- mended staff for the additional research made after LID 327 he had complained that the assessments were exces- sive. Darrell Donovan of Alderwood, representing j Corporate Park 216 and Corporate Park 234 Investors Limited Partnership, both fronting on West Valley, stated that they had signed an agreement regarding improvements to West Valley Highway. The partner- ship favors the improvements to West Valley but objects to the method of assessment, especially the boundary lines of the LID. The boundary lines, he felt, should be enlarged since the property value of their property off West Valley is not increased in proportion to the amount of the assess- ment. Rents could not be increased in proportion to the assessment. He pointed out that in order to complete development on both corporate parks, they had to sign the agreement, as was the case of any developer in the area. i Gerald Rosenfield of 1009 S. 150th, stated that his wife Georgia represented a row of little houses . He stated that the portion of the assessments attributed to the drainage requirement should be charged there. He pointed out that the LID provided for an extra lane of the west side of the highway which would not benefit those on the east side. He noted that their objections were to the method j of assessing and that he objected also to the approv- ing commitments of 55% having been known before the other owners had a chance to voice their opinions. Keith Moxon, representing WCI Realty, Assessment Item No. 47, stated that the property is not espec- ially benefited and should not be included in the project. He stated that under the RCW, the boundaries of the LID fail to reflect a fair distribution of ! - 7 - I December 1 , 1987 STREETS the assessments. He then filed for the record an appraisal of the property, which states that the property would derive no benefits from the LID. LID 327 There were no further comments and BAILEY MOVED to close the public hearing. Woods seconded and the motion carried. It was determined that the staff would research the comments made tonight, and BAILEY MOVED to defer action on this LID pending response from the City Attorney ' s office. Biteman seconded. Motion carried. The written report of the Director of Public Works distributed with the agenda has been filed as a part of the record. LID 321 - 104th Avenue S.E. Street Improvement (S.E. 242nd to S.E. 252nd) . This date has been set for the public hearing on the confirmation of the final assessment roll for LID 321 . The City Clerk has given the proper notice to the property owners . The Director of Public Works described the pro- ject providing for the improvement and widening of 104th Avenue S.E. from the S. 242nd block to the S. 252nd block and for installation of utilities as needed. No protests were received to the form- ation of the LID. He described the funding as follows: PROJECT FUNDING L.I.D. CITY FUNDS TOTAL Street 75,000.00 266,443.32 341,443.32 Water 58,482.95 49,400.48 107,883.43 Sewer 299,696.07 2,132.56 301,828.63 L I D 3 21 TOTAL 433,179.02 317,976.36 751,155.38 PRELIMINARY L.I.D. FINAL L.I.D. Street 75,000.00 75,000.00 Water 51,669.00 58,482.95 Sewer 276,456.00 299,696.07 TOTAL 403,125.00 433,179.02 In addition to the City's share of the street cost, the Water Department is paying for the rebuild of the East Hill Community Well main on S.E. 248th Street from 104th east to the project limits. The City is committed to this replace- ment under the EHCW takeover agreement. The City is also funding various water and sewer adjustments and relocations. The City's East Hill well site is also located within the L.I.D. boundary. The final assessment on this property is $20,830.73. - 8 - December 1 , 1987 STREETS He described the method of assessment and the ten- year provision for payment of same. Property owners were paid directly for acquisition of right of way. The Mayor declared the public hearing open. No comments were forthcoming from the audience and the Clerk noted receipt tonight of a letter from Mr. Mora on behalf of S & M Investments objecting LID 321 to the Assessment Items No. 5, 6, 8, 13 and 14. The letter states that the improvements did not increase any of the property values. The letter was filed for the record. WHITE MOVED to close the public hearing. Bailey seconded and the motion carried. JOHNSON MOVED that the memorandum from the Director of Public Works be made a part of the record, and the City Attorney be directed to pre- pare the ordinance confirming the final assessment roll for LID 321 . Bailey seconded and the motion carried. LID 331 - South 240th Street Improvements. At the November 17 Council meeting the public hearing was held on the formation of LID 331 for street improve- ments on South 240th Street from 108th to 116th. The hearing was closed and the matter was referred to the Public Works Committee for resolution of concerns some of the property owners had regarding their proposed assessment amounts. The Public Works Committee held a special meeting to discuss the issue on November 24. The Committee members unanimously recommended the City contribute $240, 000 from the unencumbered sewerage utility funds to the project and that the sum assessed to the p*-o- perty owners be reduced in the same amount. JOHNSON MOVED that the City Attorney be directed to prepare the necessary ordinance creating LID 331 for 240th street improvements from 108th to 116th Avenue S.E. Woods seconded. Motion carried. JOHNSON MOVED that $240, 000 be transferred from the unencumbered sewerage utility funds to the LID 331 project fund and the property owners ' assessments be redistributed accordingly. Woods seconded an-3 the motion carried. SHORT SUBDIVISION Appeal - Apple Lane No. 1 Short Subdivision (SP-87-13 ) . The applicant, Paul Morford, is appealing Short Plat Condition 125A requiring participation in the South 277th Street corridor project to mitigate traffic impacts. On October 20, the City Council 9 - December 1 , 1987 SHORT SUBDIVISION held a public hearing and tabled this appeal pend- ing a report from the Public Works Committee regard- ing their November 10 meeting on traffic mitigation. Wickstrom noted that under the State law and the City Code, the City may approve a short plat with conditions. He pointed out that staff references to this being a SEPA condition and references to the City' s Environmental Ordinance (No. 2494 ) were in error. The premise of the condition is to require the development to provide its share of the infrastructure associated with serving the property. Morford described the circumstances of the appeal and stated that under the Subdivision Code the City could put any kind of requirements on a plat. He stated that he had researched ten recent short plats and found no conditions relting to traffic miti- gation. DOWELL MOVED to approve Morford ' s appeal and Bailey seconded. Biteman offered a friendly amendment: to direct staff to prepare alternative recommendations for addressing traffic congestion for future short plat applications. This was acceptable to Dowell and Bailey. Upon Woods ' question, Wickstrom explained that in short plats with large lots, SEPA conditions would prevail so this short plat condition would not be required. Mitigation requirements for traffic depended on the type of development, and this was established at the time of application for building permits . He pointed out that traffic impacts are readily known for single family or for duplex developments. Upon a question from Council , Driscoll determined that the motion would not jeopardize mitigation fees already paid or agreed to, since the word "future" is present. Johnson opined that cases should be individually considered and the motion carried with Johnson opposing. TRAFFIC CONTROL Parking Fine Ordinance. At the Council workshop of November 24, discussion was held regarding increasing the overtime and holiday parking fines from $5 per incident to $10 per incident. The amount has not been adjusted since 1977 and the billing and collection costs no longer warrant a $5 fine. WHITE MOVED to authorize the preparation of an ordinance to increase the overtime and holiday parking fine from $5 per incident to $10 per inci- dent. Woods seconded and the motion carried. 10 - December 1 , 1987 PERSONNEL Classification and Pay Study - Non-Represented Employees. The City has contracted with the con- sulting firm of Ewing and Associates for purposes of conducting a classifiction and pay study affect- ing non-represented employees of the City. The project has been completed, and a recommendation related to implementation of a new classification and pay plan has been presented to the Operations Committee at its meeting on November 30, 1987. DOiJELL MOVED to accept the study. Biteman seconded, and noted that time would be required to review the recommendations. He and Dowell clarified that the intent of the motion was to accept the study, and not to endorse the recommendations yet, with implementation of the plan to be delayed. Motion carried. COUNCIL Council Expense Policy. On November 3, Council President White distributed for consideration and input, a proposed resolution providing for guide- lines for payment of expenses for Councilmembers. Such expenses inclue travel, training and business expenses . WHITE MOVED to adopt Resolution 1155 establishing expense guidelines for City Council members, and superseding Resolution 1122. Bailey seconded. BITEMAN MOVED to table, Houser seconded. The motion to table failed with only Biteman and Houser support- ing. White noted that he feels the Council needs to be as open as possible, such as making reports on seminars attended and out of state travel . Bite- man stated that there are some items which require discussion. White noted for Dowell that the agencies listed in Section 2 are only examples, that other conferences would be inclued. JOHNSON MOVED to amend the main motion to read "elected officials" rather than "Councilmembers" wherever appearing in the resolution, and to add a new section which states that elected officials shall reimburse the City when failing to attend a meeting or conference for which they had been pre- registered, unless excused by the Council President. White and Bailey concurred with both amendments . Motion carried as amended. - 11 - December 1 , 1987 BUILDING (CONSENT CALENDAR ITEM 3C) MAINTENANCE Building Maintenance Contract. AUTHORIZATION for the Mayor to sign a three-year agreement with Control Contractors for maintenance of heating, air conditioning and ventilation at $9, 312 annually, plus tax. LAUNDRY (CONSENT CALENDAR ITEM 3D) CONTRACT (OTHER BUSINESS ITEM 4I WAS CHANGED TO CONSENT CALENDAR ITEM 3D) Laundry Contract. ACCEPTANCE of the proposal from ARATEX, Inc. for a three-year contract for the City' s laundry services in the amount of approxi- mately $40, 000 per year. COUNCIL COMMITTEES President' s Report. White noted that inasmuch as some Councilmembers would be attending the National League of Cities conference during the week of Change of Council December 14, a quorum will not be present for the Meeting Date December 15 Council meeting. He suggested that the last meeting of the year be held on Tuesday, December 22, 1987 at 7: 00 p.m. With no objections forthcoming, it was so ordered. Operations Committee. Dowell noted that the Opera- tions Committee would meet on December 15. Public Works Committee. Johnson noted that the Public Works Committee would meet on Tuesday, December 8, at 4 : 15 p.m. in the Council Chambers. White requested that the Committee consider the fence problem at Reith Road and S. 253rd. Public Safety Committee. Houser noted that the Public Safety Committee would meet at 8: 00 on Tuesday, December 8. Parks Committee. Woods reported that the Council had received a challenge from the Knightriders for a wheelchair basketball game to be held on January 14, 1988 . Councilmembers were urged to play in this rematch game. Councilman Bailey - Bailey made the following statement and requested Appreciation that it be reported verbatim: "I 'd just like to take a few moments if I may, to talk about a little professionalism and what I 've observed over eight years. I 'm specifically direct- - 12 - December 1 , 1987 Councilman Bailey - ing my remarks to the staff. It has been a real Appreciation pleasure over these eight years to have observed the growth of professionalism and ethics and efforts and teamwork that the City of Kent is fortunate to have. You are an exceptional group of people. It ' s been a distinct pleasure for me to work with your ideas and lots of times we haven ' t agreed, and sometimes very briskly, in the privacy of your offices, but the thing that ' s been so gratifying to me is that when the dust is settled you ' re not remiss to come back and take me on again or straigten me out, whichever is necessary. I 've learned a great deal from you. I want you to know that I appreciate the confidence and this goes not only for the administrator and his predecessor and department heads and middle management, but it goes for those, as Billie Johnson used to say, "those worker bees" out there also. I commend you for your professionalism and your dedication and I wish to thank you for your friendship and your help to me during the last eight years . " ADJOURNMENT BAILEY MOVED that the meeting be adjourned at 10 : 00 p.m. Houser seconded and the motion carried. Marie Jensen, CMC City Clerk i - 13 -