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
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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
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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-
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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
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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
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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 .
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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.
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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
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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.
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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
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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.
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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.
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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-
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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
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