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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 10/18/1988 Kent, Washington October 18, 1988 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, Mann and Woods, City Administrator McFall, Assistant City Attorney Williamson, Planning Director Harris , Public Works Direc- tor Wickstrom and Finance Director McCarthy. Councilmember White and City Attorney Driscoll were not in attendance. Also present: Assistant City Administrator Hansen, Parks Director Wilson and Personnel Director Webby. Approximately 50 people were at the meeting. PRESENTATIONS National Gold Medal Award. Mayor Kelleher announced that Kent Parks and Recreation has received the National Gold Medal Award for Recreation Excel- lence from the National Sports Foundation and the National Recreation and Parks Association. He noted that Kent won the Gold Medal in Class IV, for communities of 20, 000 to 50, 000. The Mayor presented the award to Parks Director Wilson, who thanked the Council for their support and com- mended the Parks Department staff. CONSENT CALENDAR BITEMAN MOVED that Consent Calendar Items A through M be approved, with the exception of Item N which was removed by Councilmember Dowell. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of October 4, 1988. HEALTH & (CONSENT CALENDAR ITEM 3J) SANITATION Bridgewater Phase II. ACCEPTANCE of the bill of sale and warranty agreement for continuous oper- ation and maintenance for approximately 380 feet of water main extension and 227 feet of sanitary sewer extension constructed in the vicinity of Lakeside Boulevard and James Street for the Bridge- water Phase II project and release of cash bond after expiration of the one year maintenance period. (CONSENT CALENDAR ITEM 3K) Public Storage. ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance for approximately 870 feet of water main extension and 800 feet of sanitary sewer extension constructed in the vicinity of S. 222nd Street and 84th Avenue S. for the Public Storage project and release of cash bond after expiration of the one year maintenance period. AUTHORIZATION for staff to prepare and the Public Works Director to sign latecomer agreements for the water and sewer extensions. - 1 - October 18, 1988 - WATER (CONSENT CALENDAR ITEM 3L) Master Meter - Riverview Recreational Vehicle Park. AUTHORIZATION for the Public Works Director to allow a master meter to provide water service to the Riverview Recreational Vehicle Park (Kantor Recreational Vehicle Park) , as approved by the Public Works Committee. STREETS (CONSENT CALENDAR ITEM 3M) LID 327 - West Valley Highway Improvements. AUTHOR- ZATION for the City Attorney to prepare the ordi- nance to proceed with condemnation procedures for rights-of-way acquisition for the West Valley Highway Improvement project on those properties in which negotiations are unsuccessful , as approved by the Public Works Committee. Neighborhood Pedestrian Improvement Program. Bid opening was held on October 13 , 1988 with four bids received. The low bid of $47 , 720 was sub- mitted by Design Enterprises, Inc. The Public Works Director recommended that the project be awarded to the low bidder. JOHNSON SO MOVED. Woods seconded and the motion carried. LID 325 - 76th Avenue So. Street Improvements. This date has been set for the public hearing on the confirmation of the final assessment roll for LID 325. The City Clerk has given the proper legal notice to the property owners. The Director of Public Works noted that the project will connect 76th Avenue South from S. 212th to S. 220th and that it includes a 44 foot wode curb-to-curb pave- ment, curb and gutter, sidewalks, storm drainage, illumination, two way left turn lane and land- scaping. The Mayor_ opened the public hearing. Bart Brynestad of Northward Construction, protested the amounts assessed for Items 5 and 6 . H noted that the street improvements do not include street width equal to that of other property owners, a left turn out lane, or gutter and sidewalks on the opposite side of the street. Wickstrom stated that Northward Construction was assessed only the cost of improving its half of the street, and that the property had previously had no access. He also noted for Brynestad that street trees will be installed. 2 - October 18, 1988 There were no further comments and STREETS BITEMAN MOVED that the public hearing be closed. Mann seconded. Motion carried. JOHNSON MOVED that the City Attorney be directed to prepare the ordinance confirming the final assessment roll for LID 325 and for authorization to place a charge in lieu of assessment on properties identified as Tax Lot 18 and Tax Lot 19 of Section 12 , Township 22 Range 4 (Barnier Property) . Biteman seconded and the motion carried. SEWERS L_ID 322 - Westview Terrace Sanitary Sewers. This date has been set for the public hearing on the confirmation of the final assessment roll for LID 322. The City Clerk has given the proper legal notice to the property owners . Public Works Director Wickstrom described the area and noted that the project includes the installation of 8-inch sanitary sewers, 6-inch side sewers and related appurtenances. He also indicated that there are two letters from Seattle-King County Department of Public Health indicating the pros- pect of eviction because of septic tank problems . The Mayor declared the public hearing open. Dennis Bonner, 21050 98th Avenue South, asked whether pro- perty owners not wishing to hook up to sewer would be assessed monthly charges. Wickstrom explained that changes to the Code were anticipated which will make payment for the service mandatory. Upon a question from Ms. O'Neil_1, Wickstrom explained that some owners had objected to including surfac- ing the streets and it was anticipated that the King County Public Works Department would do this later. A letter from Gloria Watson was read into the record stating that the value of the property was not sufficiently enhanced by the LID improvement to warrant the dollar amount of the assessment. Wickstrom stated that considering the septic tank failures in the neighborhood, residences in the immediate vicinity might not be readily marketable. He pointed out for Bonner that the Seattle-King County Health Department can order all of the homes to connect to the sewers . There were no further comments from the audience and BITEMAN MOVED to close the public hearing. Johnson seconded and the motion carried. JOHNSON MOVED that the City Attorney be directed to pre- pare the ordinance confirming the final assessment roll for LID 322. Biteman seconded and the motion carried. - 3 - October 18 , 1988 - SEWERS LID 323 - Olympic View Heights Sanitary Sewer. = This date has been set for the public hearing on the confirmation of the final assessment roll for LID 323 . The City Clerk has given the proper legal notice to the property owners . The Director of Public Works noted that the location of this LID is adjacent to LID 322 and that the Seattle-King County Department of Public Health had identified various failing septic systems within the general area. He recommended that the final assessment roll be confirmed. The Mayor opened the public hearing. Wickstrom confirmed for Mr. Gable. 21348 103rd Place SE, that the connection for Lot 15 was placed in the public right of way because of the utility poles. He also clarified for Mr. Frew that Lot 14 would not be included in a proposed LID on 216th. Kirk Goldsworthy, 10223 S.E. 213th, noted that it had not been made clear as to whether people who did not connect would have to pay. John Chromy, 21323 103rd Place S.E. , noted that there had been no septic tank failures on his side of the street . Wickstrom pointed out that apprai- sals should take into consideration the impact of septic tank failure in the immediate vicinity. Wickstrom note:3 that although LIDS 322 and 323 were adjacent, the costs could not be combined for equal distribution of assessments . There were no further comments from the audience and BITEMAN MOVED to close the public hearing. Woods seconded. Motion carried. JOHNSON MOVED that the City Attorney be directed to prepare the ordinance confirming the final assessment roll for LID 323 . Woods seconded. Motion carried. TRAFFIC CONTROL Authorization for State Agreements. Even though project funding is generally authorized in the development of the CIP and the Mayor is recognized as the responsible local official to sign State agreements for projects qualifying for State fund- ing, it is now necessary to have official Council authorization for the Mayor to sign FAUS funding agreements for each individual project. This action will bring the project accounting into compliance with State requirements for the following projects: - 4 - October 18, 1988 TRAFFIC CONTROL West Valey Highway and S. 212th Street, West Valley Highway and S. 190th Street, West Valley Highway and S. 180th Street, East Valley Highway and S. 208th Street, and WSDOT traffic data gathering funds (oil rebate) . JOHNSON MOVED that the Mayor be authorized to sign the FAUS funding agreements and that the budgets for the projects be established as approved. Biteman seconded and the motion carried. PRELIMINARY PLAT (CONSENT CALENDAR ITEM 3E) Hawkridge Preliminary Subdivision No. SU-88-2. AUTHORIZATION to set November 1 , 1988 for a public meeting to consider the Hearing Examiner ' s condi- tional approval of Hawkridge Preliminary Subdivi- sion No. SU-88-2 . The request is for a 20-lot residential subdivision located at 26221 Woodland Way S. ZONING ( CONSENT CALENDAR ITEM 3F) IMPLEMENTATION Implementation of East Valley Zoning. ADOPTION of Ordinance 2809 which allows the Planning Commission rather than the Hearing Examiner, to hold the public hearings on the implementation zoning for the East Valley area. (Approved by Council 10-4-88 ) ZONING CODE (CONSENT CALENDAR ITEM 3G) AMENDMENTS Exceptions To Be Considered By Hearing Examiner. ADOPTION of Ordinance 2806 to amend the Zoning Code to allow the Hearing Examiner discretion in approving, denying or conditioning exceptions to development standards including height of unique structures , signs and setbacks, when a conditional use permit is required. (Approved by Council 10-4-88 ) ( CONSENT CALENDAR ITEM 3H) Community Commercial Districts. ADOPTION of Ordinance 2807 to amend the Zoning Code to allow public storage facilities as a conditional use in the community commercial zoning district with accompanying design standards . (Appro.rad oy Council 10-4-88) ( CONSENT CALENDAR ITEM 3I ) Hazardous Substance. ADOPTION of Ordinance 2808 amending the Zoning Code relating to hazardous sub, stances to include certain definitions which were previously approved by the Council and the Depart- ment of Ecology, but not included in previous hazardous waste Ordinance 2801 , and correcting numerical sequences and typographical notations within the Zoning Code. - 5 - October 18, 1988 ZONING CODE Signs in Downtown Commercial Districts - ZCA-88-9. AMENDMENT On September 26 , 1988, the Planning Commission recommended approval of a Zoning Code amendment to allow owners of mult-tenant buildings in the downtown commercial zone to have the option of a free-standing or building identification sign. WOODS MOVED to approve ZCA-88-9 as recommended by the Planning Commission and to direct the City Attorney to prepare the amending ordinance. John- son seconded and the motion carried. RECYCLING (CONSENT CALENDAR ITEM 3N) REMOVED BY COUNCILMEMBER DOWELL Contract for Residential Recycling Services. Approval of this item would give authorization for the Mayor to sign a contract with Rabanco Companies d/b/a Kent Disposal , for residential recycling ser- vices in the City of Kent. A contract has been negotiated for the provision of a residential recycling program to all resi- dential customers in the City up to and including 4-plex units . This contract calls for one collec- tion per month of recyclable materials such as waste paper, tin, aluminum, glass, and plastic. Service will be provided to the customer at no additional charge with a cost differential between cost of service and returns received from sales of recyclables being paid to the contractor by the City. The length of the contract is for five years. Jerry Graham of Tri-Star Disposal stated that his firm had submitted a request to the WUTC to extend their curbside recycling program into the City of Kent, offering the service to all residents of Kent. He pointed out that those participating would pay for this service in the same manner as they paid for garbage service. There would be no charges to the City, and no contract would be required. He stated that a response was expected from WUTC within approximately one week and that authorization of the proposed contract with Kent Disposal would kill Tri-Star ' s proposed program. At Mayor Kelleher ' s request, City Administrator McFall reviewed history on this subject, noting that the City had issued a Request for Proposals for curbside recycling in January this year, and had received RFPs from both Tri-Star and Kent Dis- posal. After review, the Public Works Committee recommended, and the Council approved an 18-month contract with Kent Disposal. The contract was - 6 - October 18, 1988 RECYCLING delayed by a WUTC ruling regarding the term of the contract, and the contract submitted for approval tonight is for five years. Both the Public Works and Operations Committees have recommended approval . BITEMAN MOVED to authorize the Mayor to sign the contract with Kent Disposal as described. Houser seconded. Dowell acknowledged that all were in favor of recycling but he questioned the terms of the contract in that the City pays the contractor even if little or no recyclables are collected and so it would appear that this would not encourage the best effort from the contractor. He then MOVED to table the matter to allow time to consider options. The motion faile3 for lack of a second. It was determined by McFall that collected recycl- ables would be sold by the contractor, and that the contract will require that recycling be encouraged. Biteman pointed out that the City ' s questionnaire in April , 1986 had indicated strong support for a recycling program. Tony Davis , Attorney for Tri-Star, indicated his desire to speak on this subject and BITEMAN MOVED that comments be limited to one minute. Johnson seconded, noting that public hearings had been con- ducted and that considerable input had been received. Tha vote resulted in a tie with Biteman, Johnson and Houser supporting it and Woods, Mann and Dowell opposing. Mayor Kelleher then voted against the motion to limit discussion and it failed. Tony Davis opined that inasmuch as the City voted to get out of the garbage business in December, 1986 , that it now lacks the authority to enter into the contract proposed tonight, sincethe WUTC has com- plete and exclusive jurisdiction. He pointed out that payment by the City was questionable con- sidering that the contractor was guaranteed revenue from the sale of recyclables . Upon Johnson ' s ques- tion, McFall noted that Tri-Star competed in the RFP but was not selected. Bill Williamson, Assis- tant City Attorney, stated that the City did have the constitutional and statutory authority to enter into the contract described tonight, and that such contract would be legal. Mann clarified for the audience that this contract is for recyclable items and has nothing to do with garbage. Davis stated that there are no statutory distinctions made between - 7 - October 18, 1988 RECYCLING the two and the City has been out of the garbage business since December of 1986 . Davis suggested that the City' s legal staff submit their opinion in writing so it can be analyzed. Brian Lawson stated he operates a garbage service company in Issaquah and that he had received special authority from WUTC to collect recyclables. He stated he agreed with Davis and Dowell in question- ing entering into a five-year contract, inasmuch as the County has not yet adopted a Comprehensive j Solid Waste Management Plan. George Cvitanich, Executive Director of the Washington Waste Manage- ment Association of Gig Harbor, which represents certificated garbage collectors operating under the WUTC, stated that when Kent turned over its garbage authority to the WUTC in 1986 , that recycl- ables were included. JOHNSON MOVED to the previous question. Biteman seconded. The motion carried with Dowell dissenting. The motion to authorize the Mayor to sign the contract with Kent Disposal as described then carried, with Dowell dissenting. PERSONNEL (CONSENT CALENDAR ITEM 3D) Reclassification - Parks and Recreation Department. AUTHORIZATION for the reclassification of the posi- tion of Administrative Secretary I to Administrative Assistant I, Parks and Recreation Department. Position incumbent Marilyn Behrens would move from salary range 20E to salary range 22E. Funds for this reclassification are contained within the 1988 Parks and Recreation budget. FINANCE (CONSENT CALENDAR ITEM 3C) Accounts Receivable Writeoff Authorization. AUTHOR- IZATION to write off $22, 113 . 42 in miscellaneous receivables and parking citations, most of which are older than 12/31 /86, as discussed with the Operations Committee at their October 3 meeting. (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through October 24, 1988 after auditing by the Operations Committee at its meeting at 8: 30 a.m. on November 1 , 1988. - 8 - October 18, 1988 FINANCE Approval of checks issued for vouchers: Date Check Numbers Amount 9/12 - 9/14 64650 - 64653 9/15 - 9/26 65160 - 65199 $ 322,187.36 10/03/88 65217 - 65662 730,670.87 $1,052,858.23 Approval of checks issued for payroll: Date Check Numbers Amount 10/05/88 109852 - 110467 $ 622,293.43 PUBLIC/PRIVATE Lease Agreement for Office Building Project. As OFFICE BUILDING directed by Council , purchase and sale agreements and lease agreements have been negotiated with Sound Ventures, Inc. , regarding the sale of City- owned property and the leasing of office space in a new private office building to be developed on that property. City Administrator McFall explained that the 2ur__ hG�_se an(-LSaI_e__A_greement. provided for the sale of approximately 100, 000 square feet of land to be sold to the developer, Sound Ventures , Inc. , at a fair market value to be established by three appraisers. The sale is contingent upon: City review and approval of plans Compatability with City Hall and area Parking - Minimum of 2 spaces/1, 000 sq. ft. Development in substantial conformance with response to RFQ Bond Counsel opinion that City' s debt capacity not affected City enters into lease for office space The sale would be considered as a cash sale and closing should be earlier than mid-1989. The Lease Agreement was described by McFall as follows : 9 - October 18, 1988 PUBLIC/PRIVATE City leases 20, 000 sq. ft. in new office building OFFICE BUILDING Lease term 10 years with two 5 year options Months 1-60 lease rate $12 .00 per square foot Full service 4 . 00 per square foot TOTAL $16. 00 Months 61-120 lease rate $14 .40 per square foot Full service 4. 00 per square foot TOTAL $18. 40 Tenant Improvements to City's satisfaction Handicapped Access Parking provided on site including overnight Parking for City cars and light trucks Access 24 hr./day 7 days/week Signs limited by sign standards City may have directional and identification signs City may have kiosk in common lobby Hold harmless agreement City has option to purchase at 10 and 20 years Value established at that time by appraisal Upon Biteman' s question, it was determined that, as proposed the plan would add approximately 150 parking spaces. HOUSER MOVED that the Mayor be authorized to sign a purchase and sale agreement and lease agreement with Sound Ventures, Inc . for a private office building project to be developed adjacent to City Hall on property currently owned by the City of Kent. Mann seconded. Dowell suggested that it would be imprudent to vote on this without having seen the contract, and proposed an amendment so that the City would have first right of refusal in case someone else offered to buy the building. Biteman seconded and asked for clarification. McFall stated that the City has the option to pur- chase at both ten and twenty year intervals and that he considered this more advantageous to the - 10 - October 18, 1988 PUBLIC/PRIVATE City than under "first right of refusal" terms. OFFICE BUILDING The proposed amendment failed with only Dowell supporting it. The original motion carried with Dowell dissenting. REPORTS President' s Report. McFall noted that White had requested that a workshop meeting be set for Tues- day, October 25 to discuss the schematic design for the library, to review the status of the City ' s annexation program and to review the Chambers remodel project. JOHNSON MOVED that these items be referred to committees for reports: Library and Council Chambers Remodel to Operations and Annexation Program to Planning Committee. Biteman CORRECTED - REFER TO seconded. Dowell noted White ' s absence and objected MINUTES OF .........�.-- to changing these items to committee referrals without input from White. The motion carried with Dowell voting against it. Public Works Committee. Johnson advised that the Public Works Committee will meet at 4: 00 p.m. on Tuesday, October 25 in the Engineering Conference Room. Parks Committee. Dowell reported that the Parks Committee would meet at 4 : 00 p.m. on Wednesday, October 26 in the Council Chambers. Administrative Reports. McFall noted that on Thursday, October 20 at 12 : 30 p.m. at the site of the new library there will be a ceremony for the commencement of demolition of the existing structure. ADJOURNMENT The meeting was adjourned at 9: 10 p.m. Marie Jensen, CMC City Clerk - 11 -