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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/03/1991 Kent, Washington December 3 , 1991 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Finance Director McCarthy, Assistant City Administrator Hansen, Personnel Director Olson and Information Services Director Spang. Parks Director Wilson was not in attendance. Approximately 35 people were at the meeting. PUBLIC Employee of the Month Mayor Kelleher announced COMMUNICATION that George Jett from the Operations Division of Public Works has been selected as the Employee of the Month for December. Tim Heydon, Public Works Operation Manager, noted that George began his career with the City in 1980 as a maintenance worker and in 1985 was assigned the duties as a Control Center Technician. He stated that George Puts forth a very professional attitude to the public and gives fellow employees confidence in knowing the information they receive is both accurate and complete. Mr. Heydon further noted that during inclement weather conditions, George is a great help to the Street Division by keeping accurate records, dis- patching equipment and keeping abreast of condi- tions that require prioritization. "George is definitely a team player and goes out of his way to obtain additional information to make every- one 's job easier. " He stated that George proves his dedication and loyalty to the City of Kent daily, by responding to any task as a challenge and staying with a problem until it is resolved. Mayor Kelleher presented George Jett with the Employee of the Month plaque. Drunk and Drugged Driving Awareness Weeks Mayor Kelleher read a proclamation declaring the week of December 7 - 13 , 1991 as Drunk and Drugged Driving Awareness Week. He noted that drunk driving causes more violent deaths and injuries than any other crime, and that the tragedies caused by im- paired drivers touch the lives of countless citizens. Mayor Kelleher urged all citizens to remember: Friends Don't Let Friends Drive Drunk. 1 December 3 , 1991 CITY CODE City Attorney Lubovich noted that many ordinances and resolutions appear on tonight' s agenda in preparation of a final clean-up for the new City Code. He explained that Municipal Code Corpora- tion has been working on a new code since August of 1989 . He also pointed out that certain items on the agenda should be considered with others, rather than individually, such as Items 3K, 3L and 3M, and Items 4A through 4G, since they are re- lated to one another. (CONSENT CALENDAR - ITEM 3K) REMOVED BY COUNCILMEMBER WHITE Procurement and Contract Authorization. Adoption of an ordinance enacting rules and procedures for non-public works purchases, rentals and leases. Upon White ' s question, Lubovich explained the background of the procurement ordinance, noting that the City has the option of developing its own ordinance. White questioned the figures in the ordinance, and Lubovich explained that $7500 and $15, 000 were used because that is what the State uses. Lubovich also noted that this ordinance would provide flexibility, accountability and con- sistency. White stated that he is not happy with the figures and MOVED for adoption of this item, changing the $7500 figure to $500 and the $15, 000 figure to $1, 000. Dowell seconded. White com- mented that those changes would result in better control, and clarified that it is his intent that the Mayor approve any contract over $500. Upon a question from Houser, Hansen said the cost of the bid process can easily exceed $1, 000 . Fire Chief Angelo stated that it is not uncommon for the Fire Department to go over $500 in one order for such things as medical supplies. He added that if the Mayor is required to sign all contracts over $500, his paperwork would greatly increase. Houser offered to take this item back through the Opera- tions Committee and discuss the figures to be used. White agreed and withdrew his motion, adding that the City must, have accountability. City Attorney Lubovich pointed out that since Items L and M are related to this item, they should also be considered by the committee. 2 December 3 , 1991 CITY CODE (CONSENT CALENDAR - ITEM 3L) Public Works Improvements. Adoption of an ordinance for technical amendment to code to bring Public Works authority section into conformance with current State statutes. Pursuant to State law, cities with a population of over 20, 000 are required to follow public works procedures set forth in RCW 35. 22 . 620. Our current code refer- ences RCW 35. 23 . 352 for cities under 20, 000 popu- lation. This ordinance will bring the City in conformance with State law. Lubovich pointed out that the code presently deals with cities under 20, 000 in population and that Kent is now over that. This item was referred back to committee along with Items 3K and 3M. (CONSENT CALENDAR - ITEM 3M) REMOVED BY COUNCILMEMBER WHITE Planning Department Consultant Contracts. Adoption of an ordinance which would delete a paragraph in the existing code that requires Council to hire and negotiate salaries for all consultants hired by Planning Department. Once deleted, all consultant hiring must occur according to the rules and procedures of the new procurement ordinance. White questioned the first page of the proposed ordinance which states that the City Council shall not approve any planning consultant until the Planning Department has made a recommendation to the Council concerning the scope of work to be undertaken by the consultant. He said he is uncomfortable taking this out of the ordinance, and MOVED to send Items 3K, 3L and 3M to the Oper- ations Committee. Houser seconded and the motion carried. (OTHER BUSINESS - ITEMS 4A-4G) Mayor Kelleher noted receipt of a letter from the Chamber of Commerce stating that Other Business Items A through G had not been publicly discussed and, therefore, they did not have an opportunity to provide input. Lubovich explained that the Business License Ordinance (Item 4A) and the Hearing Examiner ordinance (Item 4B) were dis- cussed by the Planning Committee earlier this 3 December 3 , 1991 CITY CODE date, and that Items 4C amending Fire Code Fees ordinance, 4D amending Plumbing Code Fees ordinance, 4E amending Building Code Fees ordinance, 4F amending Mechanical Code Fees ordinance, and 4G adopting Fire, Plumbing, Building and Mechanical Code Fees resolution had gone to the Public Safety Committee last week. Lubovich noted that Council recently requested that the issue of business license revocation be handled by staff rather than Council, and that that change appears in the proposed ordinance. He also outlined other changes to the ordinance, and explained for Dowell that the issue of fees would be covered by a resolution. He clarified for Dowell that licenses would not be transferrable. Dowell noted that according to the proposed ordi- nance, a business license is not reinstatable for one year after it has been revoked. He pointed out that this would put a company out of business for a year, and asked that the committee consider this. White noted that the public must be aware of issues such as these, so that there is no impression that the City is working behind closed doors. WOODS MOVED that Items 4A through 4G be sent to their respective committees, that the Chamber be provided information on the items and informed of the meeting times, and that the items be scheduled for the December 17th Council meeting. Johnson seconded. Motion carried. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR S be approved, with the exception of Items C, K, M and N which were removed by Councilmember White, and Item D which was removed by City Attorney Lubovich. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of November 19 , 1991. 4 December 3 , 1991 HEALTH & (CONSENT CALENDAR - ITEM 3H) SANITATION McDowell Northwest Storage Yard. ACCEPTANCE of the bill of sale and warranty agreement submitted by Michael M. McDowell for continuous operation and maintenance of approximately 181. 5 feet of sanitary sewer extension constructed in the vicin- ity of 80th Place South and South 188th Street and release of cash bond after expiration of the one- year maintenance period. STREETS (BIDS - ITEM 5A) Street Sweeping Services. Bid opening was held on November 15 . Four bids were received, three of which were non-responsive bids due to errors in their submittals. The remaining bid was submitted by Action Building Maintenance, Inc. in the amount of $131, 468 . After review of the alternatives of this contract, it has been recommended to IBC, the Public Works Committee and Operations Committee that the contract be awarded with the additional funds needed being taken from the Sewerage Util- ity. Wickstrom noted that the only recommendation from committees was that the utility budget not be changed and the existing budget be used. WHITE MOVED that the bid submitted by Action Building Maintenance, Inc. in the amount of $131, 468 be accepted and the contract for the street sweeping service be awarded. Orr seconded and the motion carried. TRAFFIC (CONSENT CALENDAR - ITEM 3R) CONTROL Model Traffic - Ordinance. ADOPTION of Ordinance No. 3017 repealing ordinances adopting by refer- ence certain provisions of the State traffic code regarding traffic and speed limit regulation, and further adopting the Model Traffic Ordinance (MTO) as Kent' s traffic code and further allowing for traffic speeds to be adopted by resolution. (CONSENT CALENDAR - ITEM 3S) Vehicular Speed Limits. ADOPTION of Resolution No. 1299 relating to vehicular speed limits. After adoption of the Model Traffic Ordinance (MTO) (RCW Chapter 46. 90) as the Kent Traffic Code, the City may determine speed limits after a 5 December 3 , 1991 TRAFFIC traffic investigation and thereafter declare maxi- CONTROL mum speed limits on particular streets by resolution. This resolution takes the speed limits on individual streets out of the Code and follows the procedure set forth in the MTO. DRAINAGE (CONSENT CALENDAR - ITEM 3G) Upper Mill Creek Detention Basin Improvements. ACCEPTANCE as complete of the contract with R.W. Scott Construction for the Upper Mill Creek Deten- tion Basin Improvement Project and release of retainage after receipt of the State releases. FRANCHISE (CONSENT CALENDAR - ITEM 3F) MCI Franchise. ADOPTION of Ordinance No. 3010. As required by State law, this franchise ordinance was introduced at the meeting of November 19 , has been published in the City' s official newspaper and is being re-introduced for its second reading and final adoption as recommended by the Public Works Committee. MULTIFAMILY (CONSENT CALENDAR - ITEM 3E) DESIGN Multi-Family Design Review. ADOPTION of Ordinance REVIEW No. 3014 relating to multi-family design review,as approved by Council at its September 17 , 1991 Council meeting. The purpose behind multi-family design review is to mitigate the visual impacts and improve the overall quality of residential development in the City. Certain design criteria have been tailored with this purpose in mind, and are adopted in this ordinance to be used by the Planning Department in the review and approval of multi-family development in certain zoning dis- tricts of the City. LICENSES (CONSENT CALENDAR - ITEM 30) Repealing Security' Guard ordinance. ADOPTION of Ordinance No. 3016 repealing Kent City Code relat- ing to private security guard regulation. Recent State law (Chapter 334 , Laws of 1991) takes exclu- sive control over licensing and regulation of private security guard services. Consequently, City Ordinance No. 2387 (Kent City Code Chapter 5. 23) is pre-empted. 6 December 3 , 1991 CITY CODE (CONSENT CALENDAR - ITEM 3D) REMOVED AT THE REQUEST OF CITY ATTORNEY LUBOVICH General Penalty Ordinance. ADOPTION of Ordinance No. 3013 amending City' s general penalties provi- sion consistent with authority provided by State law. City Attorney Lubovich noted that State law allows a penalty of up to $5, 000 or one year in jail, and that the City Code shows $500 or six months in jail. He explained that the proposed ordinance excludes "Notwithstanding anything to the contrary in the adopted code or statute, the appropriate penalty for any and all violations of any adopted code or statute shall be a fine in any sum not exceeding five hundred dollars or by imprisonment for a term not exceeding six months or both such fine and imprisonment" and adds "Unless otherwise specifically provided for in the Kent City Code, any violation of any of the provisions of the Kent City Code by any person, firm or corporation, their agents or servants, shall constitute a mis- demeanor punishable by a fine of a sum not exceeding five thousand dollars or by imprisonment not exceeding twelve months or by both such fine and imprisonment. " WOODS MOVED to adopt Ordinance No. 3013 as revised. Mann seconded and the motion carried. BICYCLING (CONSENT CALENDAR - ITEM 3N) ISSUES REMOVED BY COUNCILMEMBER WHITE Bicycle Advisory Board. Adoption of an ordinance organizing a board to advise the City on various bicycling issues, specifically including bicycle safety, bicycle pathways and bicycle commuting. White noted that the proposed resolution provides for staffing this board with people from Engineer- ing, Parks, Police, Planning and Finance, and voiced concern regarding the fiscal impact. The Mayor explained that those people would not have their hours increased, and White pointed out that serving on this board would take them off some other job. He requested a list of all boards, commissions, and committees. Mann stated that the board shall be composed of no more than eleven members to serve terms of one and 7 December 3 , 1991 BICYCLING two years, and that the board shall serve under ISSUES the direction of the Mayor subject to Council directives and shall receive technical support from City staff. He pointed out that the board members should consist of representatives of bicycling organizations, bicycle dealers, business organizations concerned with safety, and inter- ested private citizens. He noted that these people would be willing to sacrifice their time and energy to be on the board. He stated that there is most likely someone from each department who is a bicycle enthusiast who would like to serve on the board. MANN THEN MOVED for the adop- tion of Resolution No. 1298 organizing a board to advise the City on various bicycling issues, specifically including bicycle safety, bicycle pathways, and bicycle commuting. White seconded. Mann explained for White that he would like to have department heads ask for volunteers within their department to take part in this board, and that they would not be reimbursed. Dowell sug- gested deleting Section 3 which lists the various departments and leaving it up to volunteers from the departments. Mann said he feels it is impor- tant that someone from Engineering serve on the board to coordinate with the board as new roads are built. Houser suggested that the Engineering Department be the lead, with volunteers from other departments. White offered a friendly amendment to the motion as follows: The following staff members shall be nonvoting members of the Advisory Board and shall be volunteers and shall provide technical assistance and provide input as needed. Mann agreed to the amendment. Dowell stated that he feels it is not right for the Council to tell departments that they must volunteer. White again voiced concern about staff time, and noted that if no one from a particular department volunteers, then that department is not represented on the board. Orr stated that the board is interested in receiving technical infor- mation from the departments, not necessarily in having a staff member at each meeting. Dowell said that because the proposed resolution states that staff members shall be nonvoting members of the board, that they would assume they must attend 8 December 3 , 1991 BICYCLING all board meetings. He reiterated his feeling ISSUES that Section 3 should be eliminated. Johnson agreed and said that the proposed resolution does not accomplish any more than an existing Council committee could. Mann stated that cooperation is needed between the board and at least the Engi- neering Department and CHANGED HIS MOTION to state in Section 3 that Engineering staff members and other departments may provide technical assistance and input as needed. White accepted the change in language. The Mayor clarified for White that although there would be no fiscal impact, there would be an impact on service level . White pointed out that this board would be an additional impact. Dowell stated that even with the motion as revised, it would still cost money. DOWELL THEN MOVED to amend the motion by eliminating the first para- graph of Section 3 through Item E, leaving in the section after Item E. White seconded. The Mayor recommended that the resolution indicate that no staff serve on the board, if that is Dowell ' s in- tent; Dowell confirmed that it is. He explained that he would like the board to be able to go to staff with questions, but it should not be incum- bent upon staff to volunteer or attend board meetings. Dowell ' s amendment was defeated with Dowell, White and Johnson in favor and Woods, Orr, Houser and Mann opposed. Johnson pointed out that if a citizen has a speci- fic concern, they can go to the Public Works Com- mittee and request it, and that a new board is not necessary. John Strike stated that bicycle access had been cut off to a bicycle bridge and that he came to the City and proposed that a cut be put in the curb so that bicycles could use it again, but that no action has been taken. He also noted that the new library installed the worst type of bicycle rack and installed it in an area which is not covered. He noted that Meeker Street is im- possible to ride on because of the gravel on it and the sloped driveways on the sidewalks. 9 December 3 , 1991 BICYCLING Phil Miller, Coordinator of the King County Road ISSUES Share Program, noted that the County staffs their committee. He said that although usable standards already exist, many governments have not followed through with them. He said that their advisory committee has saved a great deal of money simply by identifying issues and providing conflict reso- lution before projects take place, and that other county agencies come to the advisory group for input and participation. He said the advisory committee is a vital link whether staff is volun- tary or not, and that interaction between the com- mittee and staff is essential . He noted that there is a strong business connection in Kent and that there are a number of sources for funding of staff including the Department of Ecology and the State Energy Office. He added that individual businesses interested in the program may also pro- vide funds. Miller offered to serve in an ex- officio capacity on Kent' s board. Upon Dowell ' s question, Mayor Kelleher stated that there will be no additional staff hired at this time. The motion to adopt Resolution No. 1298 as amended by Mann then carried, with Johnson and Dowell opposed. SENIOR (OTHER BUSINESS - ITEM 4H) HOUSING Senior Housing Contract. The final contract of sale for the Senior Housing Project between the City, the Bellewood Corporation and the King County Housing Authority requires City Council approval before construction can commence. Council is asked to pass an ordinance approving the contract and authorizing its execution. Assistant City Administrator Hansen noted that approval of this contract will allow construction to commence on the City' s most significant down- town revitalization project for 1992 , and that it will be an outstanding facility. He added that completion is scheduled for the fall of 1992 . He also noted that major budget changes include receipt of a housing trust fund loan commitment for $265, 200 and a housing opportunity fund grant for $250, 000 . He listed items provided by these 10 December 3 , 1991 SENIOR funds as two additional units, additional building HOUSING space, increase of frail elderly units to 18, additional concrete walks, extension of water main for improved fire flow, gas fireplace in entry lounge area, State Energy Code window replacement, State Energy Code unit air change fans and timers, and heating, ventilating and air conditioning. Hansen noted for White that he and Roger Lubovich negotiated for the City, Dean Chausee negotiated for the Bellewood Corporation, and Jim Wiley nego- tiated for the Housing Authority. HOUSER MOVED for the adoption of Resolution No. 1300 with the contract to be signed by Council President Woods as Mayor Pro Tem, approving the Contract of Sale for the Kent Senior Housing Pro- ject and authorizing its execution. Woods sec- onded and the motion carried. PARKS & (CONSENT CALENDAR - ITEM 3P) RECREATION Scenic Hill Parking Lot Agreement AUTHORIZATION for the Mayor to sign the Interlocal Cooperative Agreement between the City of Kent and Kent School District No. 415 for the development of Scenic Hill parking lot. FIRE (CONSENT CALENDAR - ITEM 3I) DEPARTMENT Repealing Smoke Detectors Ordinance ADOPTION of Ordinance No. 3015 repealing Kent City Code pro- visions relating to smoke detectors. Kent City Code Sections 14 . 04 . 030 through 14 . 04 . 090 (Ordi- nance 2082) relating to the installation of smoke detectors in dwelling units that are not owner- occupied. The requirements of these sections are less restrictive than State law on the same sub- ject (RCW 48 . 48 . 140) , and are therefore pre-empted. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through December 1, 1991, after auditing by the Operations Committee at its meeting at 5: 30 p.m. on December 11, 1991. Approval of checks issued for vouchers• Date Check Numbers Amount 11/16-11/27/91 111998-112538 $996, 090. 87 11 December 3 , 1991 FINANCE Approval of checks issued for payroll : Date Check Numbers Amount 12/5/91 01164606-01165431 $715, 396. 32 (CONSENT CALENDAR - ITEM 3C) REMOVED AT THE REQUEST OF COUNCILMEMBER WHITE 1991 Accounts Receivable Write-Offs. Authoriza- tion is being requested to write-off $54 ,442 . 13 in accounts receivable, as discussed with the Opera- tions Committee on November 26, 1991. The amount represents approximately . 4% of the monthly receivable balance of approximately $14 . 6 million. The amounts to be written off have been through the City' s collection process. The amounts to be written off include $22 , 243 in bankrupted accounts and $17 , 992 in accounts that have been turned over to the City' s Phase II collection agency. 1991 was the first year the City used a collection agency. Phase I is a letter writing process costing $8 . 45 per account. Phase II involves turning the account over to the collection agency and receiv-ing 65% to 50% , if the account is collected, depending upon the City' s volume of business. Finance Director McCarthy noted for White that the $14 , 600, 000 figure is the receivable balance at the end of the month, but that some of the items may have been outstanding for two years. He also clarified for White that the $5, 471 figure is to Green River Community College for fees for a golf program or class. He added that it had been billed in August and paid in October. White asked about the procedure on parking tickets, and McCarthy explained that if an individual has three unpaid parking citations, the City forwards them to the State who will not renew the individual ' s drivers license until the tickets are paid. He noted that some cities add a penalty as high as $100, and suggested considering such a penalty. WHITE THEN MOVED for adoption of Item 3C. Woods seconded and the motion carried. 12 December 3 , 1991 APPOINTMENTS (CONSENT CALENDAR - ITEM 3J) Drinking Driver Task Force. Confirmation of the Mayor' s appointments as follows: Christi Houser, Mike Buckingham and Nancy Woo, who are presently serving as Steering Committee members, to the Drinking Driver Task Force. These appointments will begin immediately and be effective until January 1, 1992 at which time they will be reap- pointed for a term of three years which will expire January 1, 1995 . Ford Kiene, Mike Jasper, Janese Hubbard and Jill Vanneman, currently serving as Steering Committee members, to the Drinking Driver Task Force. Their appointments will begin immediately and continue to January 1, 1994 . Ed White, Jim Sawyers, Tom Ripley and Sue Madsen, currently Steering Committee members, to the Drinking Driver Task Force. Their appointments will become effective immediately and continue to January 1, 1993 . (CONSENT CALENDAR - ITEM 3Q) City Clerk. Confirmation of the Mayor' s appoint- ment of Brenda Jacober to the position of City Clerk of the City of Kent. REPORTS Public Safety Committee. Mann announced that a meeting regarding setting up a Boys and Girls Club will take place at Kent City Hall on Friday, December 13 , at 7 : 30 a.m. He encouraged all who are interested to attend. Parks Committee. Dowell asked that the Mayor and the Council President give strong consideration to holding workshop sessions on alternate Tuesdays, and eliminating Council Committee meetings. He said this would eliminate confusion and the appearance of secrecy. He noted that not all people who are interested can attend afternoon meetings, but could attend evening workshops. 13 December 3 , 1991 REPORTS Administrative Reports. Chow noted that the agenda packet contains a property tax levy report. ADJOURNMENT The meeting adjourned at 8 : 45 p.m. Brenda Jacober, CMC City Clerk 14