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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/15/1989 Kent, Washington August 15, 1989 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Kelleher. Present: Councilmembers Biteman, Dowell, Houser, Mann, White and Woods, City Administrator Chow, City Attorney Driscoll, Planning Director Harris and Public Works Director Wickstrom. Also present: Fire Chief Angelo, Police Chief Frederiksen, Assistant City Administrator Hansen and Finance Director McCarthy. Personnel Director Webby was not at the meeting. Parks Director Wilson and Information Services Director Spang were on vacation. Approximately 45 people were at the meeting. CONSENT WOODS MOVED that Consent Calendar Items A through J CALENDAR be approved with the exception of Item D which was removed by Councilmember Dowell. Biteman seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of August 1, 1989. STREETS (CONSENT CALENDAR ITEM 3G) Smith Street Improvements. ACCEPT as complete the contract with West Coast Construction for the final contract total of $718, 049.03 for the Smith Street improvement project and release of retainage after receipt of the necessary releases from the State. (BIDS ITEM 5A) Ditch Construction. Bid opening was held on August 11, 1989. The Director of Public Works noted that 5 bids had been received and that the low bid was from Gary Merlino Construction in the amount of $249 , 667. 50. He recommended that the low bid be accepted. WOODS SO MOVED. Houser seconded and the motion carried. STREET (PUBLIC HEARINGS ITEM 2A) VACATION St Anthony's Catholic Church Street Vacation No. STV-89-4. This hearing will consider an application by St. Anthony's Catholic Church to vacate a portion 1 August 15, 1989 STREET of Third Avenue South between West Titus and West VACATION Saar Streets. Proper legal notice has been given by the City Clerk. Harris indicated that the applicants have written a letter requesting a continuance until September 19, 1989. WOODS MOVED that the hearing be continued to the September 19 Council meeting. Biteman seconded and the motion carried. SEWER (CONSENT CALENDAR ITEM 3F) LID 334 - Derbyshire No. 7 Sanitary Sewer Improvements. ACCEPT as complete the contract with Allied Construction for the final contract total of $255, 610.82 for the LID 334 improvement project and release of retainage after receipt of releases from the State. (CONSENT CALENDAR ITEM 3I) S.R. 515 - 220th to 196th. AUTHORIZATION for the Mayor to sign an agreement with the State for relocation of sanitary sewer main in conjunction with their S.R. 515 (S.E. 220th to S .E. 196th) project, as recommended by the Public Works Committee. TRAFFIC CONTROL (OTHER BUSINESS ITEM 4B) Traffic Mitigation Task Force Report. In November of 1987, Council recommended that the Chamber of Commerce form a task force to review the City's traffic mitigation procedure and agreements. The task force was co-chaired by Ted Knapp of Union Pacific Realty and Brent McFall, City Administrator. Members of the task force include Elmira Forner; John McCullough of Foster, Pepper and Riviera; Jack Bennett of CPA; Suzette Cooke of Kent Chamber of Commerce; Tim Schottman of CFS Continental; Mel Kleweno; Attorney Terry McAleer of Trammel Crow; Larry Frazier of Seattle Master Builders; Jay Terry Lewis of Boeing Company; Colin Quinn of Centron; Art Kleppen of CPK Systematics and Don Bogard, Architect. City staff participating on the task force were Sandra Driscoll, Jim Hansen, Don Wickstrom and Ken Morris. During 1988, the task force reviewed the City' s SEPA process, the budget 2 August 15, 1989 TRAFFIC CONTROL and bonding capacity, the street capital financing, the Green. River Valley Transportation Improvement Plan, the CQunty's Mitigation Program, and the State's Local Transportation Action of 1988. The recommendations and proposed environmental mitigation agreement developed by the task force were presented to the Chamber of Commerce in June of 1989, who recommended approval. The recommendations were also presented to the Public Works Committee at their meeting of August 8, 1989, and they recommended approval of the task force recommendations. Dee Eklund, President of the Chamber of Commerce, thanked everyone who worked on this project. She noted that the task force was formed to develop alternatives to Kent's off-site transportation mitigation program. She indicated that the group went over Kent' s transportation studies, it' s Capital Improvement Program and it' s current method of distributing the cost to construct the 3 cross- valley corridors. They also monitored legislation in Olympia. The task force then made 12 recommendations intended to set the framework by which a fair and equitable program to fund these transportation improvements can be developed. Ted Knapp, Chair of the Traffic Mitigation Task Force, gave an overview of the twelve recommendations, which are as follows: 1. The City of Kent should use the attached environmental mitigation agreement which conforms with the requirements of ESHB 1817. 2. Environmental Mitigation Agreements should not be the sole source of funding from the private sector. The City should explore other sources for funding. 3. The Environmental Mitigation Agreements should apply to all new development with significant .traffic impacts as applicable under the State Environmental Policy Act and Kent City Code. 3 August 15, 1989 TRAFFIC CONTROL 4. The Kent EnVirumu!lntal Policy ordinances should be amended to establish a minimum trip generation threshold that would ensure that all new developments with significant traffic impacts'under the scope of the State and Kent Environmental Policy Acts participate in transportation improvements. It is recommended that tan (10)1Ae established as the minimum thrPshold- 5. The City should immediately commence a study of establishing a transportation improvement program as permitted by ESHB 1817 for the purpose of mitigating the impacts of development. (The attached memorandum summarizes this law) . The City will seek related information from other agencies. This study should be completed within one year and should include involvement of the private sector in development of the program. 6. The City should work to establish one or more transportation benefit districts with other local jurisdictions. The transportation improvement program may be a funding element of such a district. 7. The City should, at the earliest possible election, seek voter approval of a bond issue, the proceeds of which would be used specifically to fund a portion of the public sectors cost of the 227th, 196th, and 228th projects. The City is encouraged to pursue such bond issues in conjunction with other local governments. The City is near to securing sufficient private sector participation to build the west link of the 196th and 228th corridors and could proceed if local government was able to fund its share of the projects. B. The City should establish a policy that, upon the formation and determination of assessments and special benefits for any local improvement district, it shall be in accordance with the statutory requirements. 9. Those individuals and entities that have entered into traffic-related environmental mitigation agreements prior to the City's authorization of the attached environmental mitigation agreement, should such occur, should be allowed to renegotiate their existing agreements at the request of the parties, to the extend law allows such renegotiations. 10. The City should develop and make materials available that describe the City's traffic mitigation program. 11. This task force should meet periodically to review progress on these recommendations. 12. Publ-ic transportation and ride sharing improvements and services (Transportation System Management plans) should be evaluated and if practicable be incorporated into the overall transportation improvement program. 4 August 15, 1989 TRAFFIC CONTROL Knapp noted that input at the weekly meetings came from a variety of sources, and presentations were made by several City departments. He stated that the intent is to continue to encourage regional cooperation between the various cities, but still allow development to occur, and to ensure that the City will be compensated for the impacts. Knapp noted that the committee would like to remain involved with this process as the City continues the studies, so that a program can be developed which will be beneficial to all. WOODS MOVED to accept the Traffic Mitigation Task Force report into the record, adopt the Task Force recommendation, and direct City staff to take the steps necessary to implement the recommendations. Biteman seconded and the motion carried. (OTHER BUSINESS ITEM 4E) Bridgewater. A petition containing 41 signatures has been received concerning traffic conditions in the Bridgewater II and III section of the Lakes. BITEMAN MOVED to refer this matter to the Public Works Committee. Dowell seconded and the motion carried. SURPLUS (CONSENT CALENDAR ITEM 3H) VEHICLES Surplus Vehicles. AUTHORIZATION for the Public Works Department to surplus nine vehicles as described in the July 7 memorandum from the Fleet Manager and offer same for sale at state auction, as recommended by the Public Works Committee. COUNTY (CONSENT CALENDAR ITEM 3E) PLANNING Soos Creek Interlocal Agreement. AUTHORIZATION for the Mayor to sign the Soos Creek Interlocal Agreement with King County as recommended by the Council ' s Planning Committee. FINAL PLAT (CONSENT CALENDAR ITEM 3J) Lavender Hills. AUTHORIZATION to set September 5, 1989 as the date for the public meeting to consider the Lavender Hills final plat. 5 August 15, 1989 BOND ISSUE (OTHER BUSINESS ITEM 4A) Senior Housing Bond Issue. At it's July 31 meeting, the Mayor' s Assisted Housing Committee recommended that the Council place a $6.7 million voter-approved bond measure on the November ballot. Proceeds from the bonds would build a minimum of 92 units of senior housing which is estimated to meet roughly 25 percent of the identified need for senior housing in Kent. Jim Harris reported that the Planning Committee and the Operations Committee met on this item and both recommended approval . WOODS MOVED to accept the report of the Mayor' s Assisted Housing Committee and to approve directing Planning, Finance, City Attorney and City Clerk to place $6 . 7 million voter- approved bond measure on the November ballot. Biteman seconded. Woods commented that representatives from the Assisted Housing Committee and the Chamber of Commerce were present at the Planning and Operations Committee meetings and that all came away from the meetings comfortable that they could work together in a constructive manner to address any questions in the future. Woods noted that the Committee was under a great deal of pressure given the shortness of time before the November election, and expressed appreciation to them. Houser commented that this item was unanimously approved by the Operations Committee. The motion then carried. PLANNING (CONSENT CALENDAR ITEM 3D) COMMISSION Planning Commission - Appointment. CONFIRMATION of APPOINTMENT the Mayor's appointment of Leona Orr to the Planning Commission to replace Robert Badger who has resigned. This term will begin immediately and will continue through 12/31/91. Dowell noted that Ms. Orr is suing the City of Kent and questioned whether there might be a conflict of interest in serving on the Planning Commission. City Attorney Driscoll said the laws related to conflict of interest would not apply to this situation. 6 August 15, 1989 PLANNING DOWELL THEN MOVED to approve the appointment of COMMISSION Leona Orr to the Planning Commission. Woods APPOINTMENT seconded and the motion carried. SOLID WASTE (OTHER BUSINESS ITEM 4F) WUTC Decision and Order for Garbage Refuse Collection Franchise. City Attorney Driscoll stated that the WUTC has determined that RST Disposal, dba Tri-Star Disposal, should be given a franchise for the collection of solid waste throughout the City of Kent. She also noted that the order recognizes the authority of Rabanco, dba Kent Disposal, to provide services to the "core area" boundaries which existed before June, 1957 . Driscoll pointed out that the Commission also found that the City does not have the authority to require free spring and fall clean- up, Christmas tree clean-up, and senior citizen rates. She noted that the WUTC had also denied the City' s request to reopen the record to receive a letter stating that the Council prefers that authority be granted to both applicants, and to recognize that the City has a recycling program. Gary Ewing of Kent Disposal, 22010 76th Ave. So. , read a letter from Warren J. Razore, President of Rabanco, asking that the City act immediately to grant Rabanco Companies a non-exclusive permit, franchise, contract or other authority, to operate within the entirety of the City of Kent. MANN MOVED that the letter be made a part of the record. Biteman seconded and the motion carried. Upon Dowell ' s question regarding Conclusions of Law, No. 4 , Ewing noted that they have spent over $2 million in equipment and personnel, and have followed the ordinances of the City of Kent. Ewing noted for Biteman that there are three members on the Commission and that they have authority over many things such as water, lights and telephones. MANN THEN MOVED that the Kent City Council go on record expressing its dissatisfaction with WUTC Order MVG #1402, which ignores the City's public health and safety standards governing solid waste collection for public facilities and free annual 7 August 15 1989 Augu , SOLID WASTE pick-ups, and for circumventing City Ordinance No. 2689, as amended by Ordinance No. 2814, which requires solid waste providers who operate within Kent to provide service which conforms to the aforementioned standards. In order to avoid the undesirable impact of WUTC Order MVG #1402 , the City Council: 1. directs City staff to develop plans to re- establish the solid waste collection service levels outlined in City Ordinance No. 2689 as amended by Ordinance No. 2814 ; and 2 . directs City staff to develop plans to maintain the present solid waste service providers to the City of Kent thereby avoiding the customer disruption which will be caused by the WUTC order; and 3 . authorizes the engagement of legal and other such consultants as are necessary to carry out the purposes of this motion 4 . sets August 22 as a Special Council meeting to receive the proposal and act on an ordinance if it is appropriate. Biteman seconded. Mann said that he feels the City should explore the possibility of going back into the garbage business. DOWELL MOVED to make the WUTC order a part of the record. Woods seconded. Motion carried. Dowell noted that this item was brought to the Council ' s attention at 5: 00 p.m. today, which did not allow enough time to study it. Jerry Graham of Tri-Star Disposal noted that the WUTC had given both companies an opportunity to provide reasons as to why they should provide service to the City of Kent. He stated that Rabanco had been cited for violations in the past, and had not presented information requested by the WUTC. 8 August 15, 1989 SOLID WASTE Graham noted that RST Disposal has had a clean record for 30 years. He said that they are ready to provide garbage service, as well as recycling and that the people in Kent would be served well. He stated that the transition would be smooth, with no disruptions. Graham noted for Biteman that Tri-Star is a dba of RST Disposal, and that although the name is recent, they have been in the business over 30 years. Mayor Kelleher repeated the motion. There were no further comments and upon a roll call vote the motion carried with Dowell opposing and White abstaining. The Mayor pointed out that this motion sets a special meeting for August 22 to consider any plans developed by staff. POLICE (CONSENT CALENDAR ITEM 3C) Dare Donation. ACKNOWLEDGEMENT of the receipt of a $1, 000 contribution from the Eagles Club of Kent to the DARE program (Drug Abuse Resistance Education) . (OTHER BUSINESS ITEM 4C) Civil Service for Members of Kent Police Department. On May 2, 1989 , the City Council directed the Kent Civil Service Commission to include non-uniformed police personnel within the coverage of Civil Service. The City has met with representatives of collective bargaining units and the Commission has provided for amendments of its rules to provide for coverage of non-uniformed police personnel. This ordinance is to provide the necessary amendments to the -Kent City Code to carry out the prior direction of the City Council and to authorize agreements with collective bargaining units representing non- uniformed police personnel. The City Attorney noted that this item had been discussed at the Operations Committee meeting today, and that they had recommended approval. BITEMAN MOVED to adopt Ordinance No. 2868 to provide for Civil Service for members of the Kent Police Department and authorize the execution of necessary revisions to collective bargaining agreements with affected bargaining units. Houser seconded and the motion carried. 9 August 15, 1989 FIRE DEPT. (BIDS ITEM 5D) 800 MHz Trunking Radio and Mobile Data Terminal System Bids. The Public Safety Bond Issue provided funds to initial two significant communications systems projects for the Police and Fire Departments, an 800 MHz Trunking Radio System and a Mobile Data Terminal (MDT) System. On April 28, 1989, bids for these systems were opened. Motorola, Inc. was the only bidder for the trunkin g radio system and review of their proposal finds that it meets our specifications and is economically. viable. The MDT proposal from Mobile Data International, Inc. was also found to meet our specifications and provide the most economical alternative of the five (5) MDT proposals received. The funding dedicated in the Public Safety Bond Issue is sufficient to allow installation of these system backbones, with a limited number of mobile and portable units for initial operations. As was established at the time of the original Bond Project planning, funds g into the system users buying generated from other y y will be applied equally to the Police and Fire Departments to move toward full system implementation. Chief Angelo noted that with the present communication system, fire and police officers oft en I cannot communicate back to Valley Com or to other vehicles in the area. He stated that compatibility with neighboring jurisdictions has been maintained, giving the ability to communicate over the longer range of the jurisdictions. He indicated that both he and Police Chief Frederiksen intend to keep the project within budget, and that they both consider the radios to be the top priority. Regarding the mobile date terminals, he stated that the backbone system would be in place, but that it would be necessary to use funds from future CIPs as well as funds generated by any fire and police agencies coming on to the system to offset the cost. Angelo noted that the total package on mobile data terminals depends on the ability to integrate the 10 I August 15, 1989 FIRE DEPT. MDT back to Valley Com, which needs to be done by a software vendor, and that those costs put together make MDI the low bidder. Ange lo stated that other costs include funds to lease the sites, as well as on-going costs such as electricity. Chief Angelo indicated there would be a maximum amount of units to be placed in vehicles assuring there will be a minimal number of units on the ra dio system. Regarding the MDTs, available g g Y he said that there will be adequate functionality to justify their use. Chief Frederiksen said the primary goal was to improve the radio system for staff safety and public service. He noted that the proposal will provide increased and improved coverage, and increased channel ability and growth potential. He urged the Council to support the proposal. Upon White ' s question, Chief Angelo reported that the mobile data terminals can be compatible with jurisdictions in the immediate area or with the full county at a later date. BITEMAN MOVED to authorize the Fire and Police Department to enter into contractual agreements with Motorola, Inc. in an amount not to exceed $1, 120, 000 Data International and with Mobile , Inc. in an 00 000 • amount not to exceed $2 , and to authorize the, Mayor to execute these contracts, and site lease contracts subject to prior review of the City � Attorney's office; and that funds generated from other users buying into the system be applied equally to the Police and Fire Departments to move toward full system implementation. White seconded and the motion carried. (BIDS ITEM 5E) Fire Apparatus Equipment. Bids were opened on July 14 to purchase equipment for existing fire apparatus. Specifications prepared tons were re ared which would option of accepting allow the Citythe p p g the lowest total bid or the lo west bid for each line item. 11 August 15, 1989 FIRE DEPT. After analysis, the Fire Department recommends that the line item, multiple vendor approach be approved, saving the City $2, 214 .51. BITEMAN MOVED to award the apparatus bids as follows: Halprin Supply Co. $ 3,497. 09 L. N. Curtis & Sons 26, 142.80 Wajax Pacific 5, 271.80 Total $34 ,911.69 Houser seconded and the motion carried. PARKS AND (OTHER BUSINESS ITEM 4D) RECREATION Kiwanis Tot Lot #2. On July 18, 1989, the Council rejected the only bid received for the Kiwanis Tot Lot #2 project, as it was over the budget. The Parks Department then worked with the architect and sole bidder, Golf Landscaping, Inc. , to modify the project so that it could be completed within budget. Helen Wickstrom of the Parks Department noted that there had been little enthusiasm from other bidders. DOWELL MOVED that a contract be awarded to Golf Landscaping, Inc. in the amount of $22 , 194 for the Kiwanis Tot Lot #2 project. Woods seconded and the motion carried. (BIDS ITEM 5C) Lake Fenwick Park. Two bids were received on Monday, August 14 for the Lake Fenwick Park project. The Landscape Architect and the Parks Department recommend award of a contract to Golf Landscaping, Inc. of Auburn for the base bid and alternates 1, 3 and 4 for a total amount of $231,900. Bid summary is as follows: Base Bid $212 ,000.00 Alternate 1 3 , 800.00 Alternate 3 2, 900.00 Alternate 4 13 , 200.00 $231,900.00 DOWELL MOVED that the base bid and alternates 1, 3 , and 4 by Golf Landscaping, Inc. in the amount of $231,900 for the Lake Fenwick Development project be approved. Woods seconded and the motion carried. 12 August 15, 1989 EQUIPMENT (BIDS ITEM 5B) RENTAL Pickup and Cargo Van. Bid opening was held on August 10, 1989. The Director of Public Works noted that two bids had been received for the pickup. He recommended that the low bid from Bill Hazelett Chevrolet be accepted. Wickstrom noted that one bid for the cargo van was received from Bowen Scarff Ford, and recommended that it be accepted. WOODS MOVED that the bid submitted by Bill Hazelett Chevrolet in the amount of $12 ,726. 97 for a 3/4 Ton Pickup and the bid submitted by Bowen Scarff for the 1/2 Ton Cargo Van in the amount of $14, 050. 84 be accepted. Mann seconded and the motion carried. FINANCE (PUBLIC HEARINGS ITEM 2B) 1990 City Budget. Tonight's meeting has been set to receive input for the 1990 budget. The meeting follows receipt of public input at a July 18 Council meeting and the presentation of departmental programs to Council at a July 28 work session. Tonight's input will be the final public input session prior to the development of the 1990 Preliminary Budget. Following its presentation to Council, the official public hearing on the Budget will be held November 7 prior to scheduled Budget adoption on December 5. Mayor Kelleher opened the public hearing on the 1990 budget. Mary Eckfeldt, Chairperson of the Human Services Commission, reported that twelve applications had been received, all of which were studied in detail. He noted that of the twelve, five were first time applicants. Eckfeldt noted that the total request is for $231, 843 . 00. Dee Moschel , of the Human Services Commission, indicated that the smallest request was for $3 , 700 and the largest was for $61, 000. She noted that the final figure includes $11, 668 (or approximately 5% of the total funding) to be placed in a reserve fund to be used for unexpected requests during 1990. Sharon Atkin, 30901 E. Lake Morton Drive, Kent and Bill Carlton, 10201 S.E. 270th P1. , Kent described the five new agencies. The South King County Child 13 August 15, 1989 FINANCE Sexual Abuse Center will provide services such as counseling, treatment, crisis intervention and medical evaluation for victims of sexual abuse. Kent Valley Youth Services requested funds for a sexual assault counselor. The Washington Women Employment and Education Program works with low- income single parents to maintain their job and parenting skills. Atkin noted that the Kent Soroptimist Club works with the participants of this program on a one-on-one basis. Pregnancy Aid will help single pregnant women with clothing, shelter, nutrition and counseling. The Catholic Community Services Companion Program assists elderly people who wish to remain in their own homes and the Counseling Assistance Program is set up to help the poor. WOODS MOVED to close the public hearing. Houser seconded and the motion carried. (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through August 24, 1989 after auditing by the Operations Committee at its meeting at 3 : 00 p.m. on September 1, 1989. Approval of checks issued for vouchers: Date Check Numbers Amount 8/2 - 8/10 82198-82214 173 ,723 .99 8/11/89 82218-82850 1, 290 , 110.40 $1,463 , 834. 39 Approval of checks issued for payroll: Date Check Numbers Amount 8/4/89 122858-123549 $ 748,908 . 25 14 August 15, 1989 REPORTS (ITEM 6G) Administrative Reports. Mayor Kelleher noted that Councilmember Biteman will not be seeking another term on the City Council. He commended Biteman for his excellent service to the City and noted that he will be missed. ADJOURNMENT The meeting adjourned at 8 : 15 p.m. Brenda Jaco er, CMC Deputy City Clerk 15