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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/22/1989 Kent, Washington August 22 , 1989 r Johnson called this special meeting to order at 7 : 00 Councilmembe p a p.m. Present: Councilmembers Biteman, Dowell, Houser, Johnson, Mann Administrator Chow City Attorney Driscoll, Planning Woods City Admini , y and y Director Harris, City Engineer Gill, Finance Director McCarthy and Assistant City Administrator Hansen. In the absence of Mayor Kelleher and Council President White, the Council determined that Councilmember Johnson would preside over the meeting. It was determined that the City Clerk had given proper legal notice for the special meeting and that the agenda contained two items: an ordinance to place the Senior Housing Bond issue on the ballot and discussion regarding solid waste collection. g g � SENIOR November Ballot. It was determined that this was discussed at the Au 1989 Council HOUSING BOND ust 15, issue g ISSUE meeting and that the Council had approved putting November ballot but had no t this measure on the N � passed the required ordinance. WOODS MOVED to adopt Ordinance 2869 providing for su bmitting ng to the voters a proposition for $6.7 million general obligation bonds for the purpose of providing senior citizen housing. Houser seconded an d the motion carried. SOLID WASTE Solid Waste. City Attorney Driscoll noted that a proposed ordinance had been distributed in response to action taken at the August 15 meeting. Steve DiJulio, who has been retained to assist in this matter, summarized the proposed ordinance, noting that the ordinance would return the City to its 1986 position by establishing a solid waste collection and disposal system for the entire City, to be under the direction of the City. The ordinance also amends Section 7 of the City Code and authorizes contracts for solid waste collection. He gave background information leading to the City's terminating its system of solid waste utility in January, 1987 when General Disposal and Tri-Star began providing this service. DiJulio noted that Kent Disposal serves 96% of the residential area, 1 ' August 22, 1989 commercial accounts are fairly evenly SOLID WASTE and that the c Y Y divided between the two companies. He noted that Kent Disposal had set up an extensive local recycling program. On July 28, 1989 a Washington Utilities and Transportation Commission ruling provided for authorization for Tri-Star to operate throughout Kent and for Kent Disposal to be limited to the core area, an area similar to the 1957 City boundaries. Kent Disposal then asked the City to take action to maintain the status quo, resulting in the action taken at the August 15 meeting. The WUTC rejected the City' s proposal to do so and claims that the City has no authority to regulate solid waste collection. He pointed out that 1989 legislation findings included the provision that it is appropriate for solid waste management to be at county or city levels. DiJulio explained that this ordinance will return control to the City and would maintain the status quo for an interim period, to allow the City to more thoroughly study the issue. Both companies would continue to operate and the billing procedures will remain the same. The ordinance provides for contracts with both companies to ensure that the service will not be interrupted and the rates and services would remain the same. Upon Dowell ' s question about clean-up weeks and Christmas tree removal, DiJulio noted that the WUTC' s most recent ruling provided that haulers would not have to comply with this City policy. He noted that waste disposal is recognized to be of particular local concern but that phone, gas, etc. is considered at the state level. MANN MOVED to adopt Ordinance 2870, establishing a system of solid waste collection and disposal for the entire city; under direction of the City and authorizing contracts for solid waste collection. Biteman seconded. 2 August 22, 1989 SOLID WASTE Bob Jarvis, 604 VandeVanter, stated that he favored the ordinance in that it provided for competition, and that the City should continue to regulate such things as free clean-ups and senior citizen rates. Biteman noted that both companies have done an excellent job and that the City could be proud of the advanced recycling program. Suzette Cooke of the Chamber of Commerce asked how long the interim period might be and DiJulio noted that this was not specified in the ordinance, but would require additional Council action. He further clarified that the rates would not be increased and that the cost of having the Director of Public Works in charge of the solid waste program had been minimal since January, 1987 . Mr. Segale commented that he had not been notified of last week's meeting, and that under this proposed ordinance, he could sign the contract and still be cancelled out in 90 days. Dowell noted that this ordinance had just been presented tonight and questioned how the Council could be expected to act on it when they hadn't had time to read it. He noted that usually this type of thing would go through the Public Works Committee before coming to Council. Biteman noted that Law Department had been instructed to act and Council had to rely on staff. Dowell stated that his main objection was to the process, and that this was an important issue. Johnson noted that he also had some reservations about the ordinance but he thought it best to adopt it, thus allowing time to review what the best system would be. To delay would mean that we would be going along with the WUTC, assigning certain areas to each hauler, eliminating competition. He noted for Dowell that he favored the proposal to sign contracts with both companies. Mann suggested a 20 minute break to allow time to read the ordinance; but at Driscoll 's suggestion, DiJulio went through each section of the ordinance. At Johnson's question, George Kargianis, attorney for Kent Disposal stated that he would advise his client to enter into the contract offered with the ordinance, inasmuch as the same contract was offered to both haulers and the status quo would be maintained. 3 August 22, 1989 SOLID WASTE Jack Davis, attorney for Tri-Star, stated he could not give an opinion since he had not seen the contract. It was determined that the contract specified "at least 85 gallons" as the size of the toters. Suzette Cooke suggested that the words "or businesses" be added to Item D on page 10 of the ordinance. Gary Ewing of Kent Disposal spoke in favor of the ordinance and noted that his firm had been working with Kent for three years, supplied clean-up service for special programs, and started the recycling program. With passage of this ordinance, both haulers will continue service. Jack Davis, attorney for Tri-Star, stated that Kent was on record, through Brent McFall ' s testimony before the WUTC, as taking no position on which company should receive a certificate to operate in Kent. After 20 months, Kent sent a letter stating that the City would like to have two haulers. The Commission has granted a certificate to Tri-Star, and since the City has been pleased with Tri-Star' s service, it would appear that there is no reason for this ordinance, except to give special preference to Kent Disposal. He noted that the Commission has not ignored the questions surrounding clean-up week or senior citizen rates, but that such requests must be done in accordance with the Commission's rules. Davis stated further that passage of this ordinance would be contrary to the best interests of the citizens and would result in damages to Tri-Star. Mann asked if Tri-Star had plans to sub-contract service for the West Hill area. Davis noted that originally, a woman-owned business was one of the applicants with Tri-Star. Tri-Star agreed to give a portion of the business to the woman as long as she could give good service. Upon Johnson's question, Davis stated that Tri-Star would go before the WUTC to request Lifeline rates for seniors but that it was not easy. It would mean special rates for anyone that the company served, not just for Kent. 4 August 22, 1989 SOLID WASTE George Kargianis agreed that both companies had given excellent service. He noted that Kent Disposal served 960 of the re sidential 1 acc ounts is and more than 50% of the commercial accounts, in addition to providing the recycling service. If the Commission' s order stands, and Tri-Star takes over there would be a disruptive effect on the level of service, as Kent Disposal 's customers would have to be transferred to another hauler. He reiterated that this ordinance would provide for continuing the present level of service with the customer choosing between the competitive haulers. Upon Dowell ' s question, it was determined that passage of the ordinance included approval of the contracts. The motion to pass Ordinance 2870 then carried, with Dowell voting against it. Biteman noted that the WUTC ruling could take effect before the effective date of this ordinance, which could result in substantial disruption in service. He therefore MOVED TO AMEND ORDINANCE 2870 to declare that this ordinance is necessary for the immediate preservation of public peace, health and safety and for the support of City government and its existing public institutions and for these reasons, an emergency exists and, therefore, this ordinance should become effective upon its signing by the Mayor or passage over his veto, as provided by law. Houser seconded the proposed amendment. Dowell noted that the Council had expressed its wishes and that he agreed that there was an emergency and so he would support the amendment. Biteman' s motion then carried unanimously. It was clarified for Suzette Cooke that the change she suggested for page 10 was not included in the ordinance. ADJOURNMENT There were no further items on the agenda and the meeting was adjourned at 8:35 p.m. Marie Jens_e CMC � City Clerk 5