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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/17/1991 Kent, Washington December 17 , 1991 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, 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, Assistant City Administrator Hansen, Finance Director McCarthy, Information Services Director Spang, Parks Director Wilson and Human Services Director Olson. Councilmember Houser was not in attendance. Approximately 40 people were at the meeting. PUBLIC City Attorney Lubovich noted that the Countywide COMMUNICATION Planning Policies Framework Agreement is being revised by King County, and therefore should be removed from tonight' s agenda. Steve Dowell Week. Mayor Kelleher noted that this is the last Council meeting for Councilmember Steve Dowell and read a proclamation declaring the week of December 16 to 22 , 1991, as Steve Dowell Week in the City of Kent. He noted that Mr. Dowell has worked tirelessly to promote high quality government services while keeping a lid on government spending, and encouraged citizens to recognize and appreciate the dedication, hard work and many years of fine service he has devoted to the City. WHITE MOVED for the adoption of Resolution No. 1301 commending Mr. Dowell for his service. Woods seconded and the motion carried with Dowell voting nay. In addition, Dowell was presented with a plaque in appreciation for his years of dedication and service to the citizens of Kent. Dowell said he has appreciated being on the Council and thanked the Mayor, Council and staff for all items, as well as the reception held before the Council meeting. Gold Medal Award - Special Populations. Mayor Kelleher announced that Kent Parks & Recreation has been awarded the National Gold Medal Award for Excellence in the Field of Parks & Recreation Management, presented by The Sports Foundation. Cheryl Fraser, Manager of the Special Populations Program, noted that the award is for their program for the developmentally disabled. She introduced her staff and commended them for their extra effort. 1 December 17, 1991 CONSENT WOODS MOVED for the adoption of Consent Calendar CALENDAR Items A through L, with the exception of Item J which was removed at the request of Assistant City Administrator Hansen to be discussed under Other Business. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) _Approval of Minutes. Approval of the minutes of the regular Council meeting of December 3 , 1991. HEALTH & (CONSENT CALENDAR - ITEM 3D) SANITATION Kent East Corporate Park Phase II. ACCEPTANCE of the bill of sale and warranty agreement submitted by Kent No. 1 Limited Partnership for continuous operation and maintenance of approximately 243 feet of water main extension, 125 feet of sanitary sewer extension and 80 feet of storm sewer improvements constructed in the vicinity of South 218th Street and East Valley Highway for Kent East Corporate Park Phase II and release of cash bond after expiration of the one-year maintenance period. (CONSENT CALENDAR - ITEM 3E) Van Doren's Landing Phase I. ACCEPTANCE of the bill of sale and warranty agreement submitted by Birtcher VDL Land Partnership for continuous oper- ation and maintenance of approximately 5, 621 feet of water main extension, 5, 481 feet of sanitary sewer extension and 8 , 128 feet of street improve- ments constructed in the vicinity of South 228th Street and West Valley Highway for Van Doren' s Landing Phase I and release of cash bond after expiration of the one-year maintenance period. STREETS (CONSENT CALENDAR - ITEM 3F) L.I.D. 328 - West Valley Highway Improvement. ACCEPTANCE as complete of the contract with Gary Merlino Construction for L. I . D. 328 - West Valley Highway Improvement and release of retainage after receipt of releases from the State. (CONSENT CALENDAR - ITEM 3G) L.I.D. 330 - 64th Avenue Improvement. ACCEPTANCE as complete of the contract with Robinson Con- struction for L. I. D. 330 - 64th Avenue Improvement project and release of retainage after receipt of releases from the State. 2 December 17 , 1991 STREETS (CONSENT CALENDAR - ITEM 3I) Turnback Agreement SR 515 - S.E. 240th to S.E. 196th. APPROVAL for the Mayor to sign the Turn- back Agreement with the State for a right-of-way needed during construction of SR 515 (Benson) road improvements between S .E. 240th and S.E. 196th Streets, as recommended by the Public Works Com- mittee. (OTHER BUSINESS - ITEM 4E) Street Occupation Permit Fee. The Public Works Committee recommended by a vote of two to one to eliminate any fee structure associated with the issuing of a street occupation permit. Wickstrom noted that this item was referred by Council back to the Public Works Committee. WHITE MOVED that Resolution No. 1302 be adopted eliminating any fee structure associated with issuing of street occu- pation permits. Dowell seconded. Orr explained that she had voted against removing the fee structure, noting that staff has a heavy workload and limited time, and that street occupa- tion permits will be low priority, if issued at all . She suggested considering some alternatives and voiced concern about setting a precedent by eliminating the fees. She also suggested elimi- nating the street occupation ordinance entirely and allowing any signs for no fees, or allowing no signs at all . She urged the Council to vote against this, saying it should be reviewed again. Dowell stated that this resolution contains items which were not intended originally, such as a fee for overhangs and awnings to protect patrons from rain, and that he is against the fees, because they will be difficult to police. Orr noted that the fees have not been discussed at the committee level and suggested that fees could be removed or changed after further review. It was clarified that an ordinance on street occupation permits already exists, but does not address fees. White explained that when the original ordinance was passed, it was understood that a resolution regarding fees would follow. He agreed that attaching no fees would indicate low priority. He also pointed out that functions such as the Safeco Classic and Canterbury Faire would require a $75 . 00 fee. He noted that he supports the signs, 3 December 17 , 1991 STREETS but not the fees. Woods voiced concern regarding setting a precedent, and Hansen agreed that it could be precedent-setting and should be studied further. Johnson stated that a fee structure is needed to adequately enforce the resolution, and if there are no fees, there is no need for the ordinance. Fred Shamseldin, owner of the Depot Barber Shop on Railroad Avenue, spoke in opposition to the fee structure and noted that his barber pole has been in place since 1909 , and the awnings since the early 1950 ' s. Bill Pugerude, owner of a business on Railroad Avenue, stated that merchants should not be charged a $75. 00 fee, and asked the Council to reconsider the fees. Dee Moschel noted that merchants have been encouraged to provide awnings to protect pedestrians, and that charging a fee would have a negative effect. Wickstrom explained that the fee would apply only to new marquees and awnings, not to existing ones. He also noted that it is a one-time fee. Woods pointed out that the resolution under consideration has no fees attached. She agreed that this has gone further than their original intent, and that it should be reconsidered and brought back with a reasonable fee structure. Russ Stringham, owner of The Hungry Bear, pointed out that the intent of the original ordinance was so that there was a means for someone to use the public right-of-way. He said he did not object to paying a fee to cover the cost of processing the paperwork. Wickstrom explained for White that the use of parking stalls refers to things such as installing a new roof when the stall would be used for a considerable length of time. Dowell pointed out that the reso- lution does not mention grandfathering of existing items. Wickstrom stated that there is no author- ity to allow new marquees or awnings, but that they would be allowed with a no fee structure. Dowell pointed out that businesses pay the major- ity of taxes in Kent already and should not have to pay a fee for every situation that arises. Orr stated that with no permit, no one would be legally able to put up a sign. White voiced con- cern about the amount of time it takes to process permits. Orr suggested eliminating the ordinance 4 December 17 , 1991 STREETS and making signs legal. Mann said that if there are no fees, there is no way of enforcing the ordinance. He suggested sending the issue back to the committee. White pointed out that this has been discussed by the committee for six months. The motion to adopt Resolution No. 1302 elimin- ating the fee structure for street occupation permits failed, with only Dowell and White in favor. WHITE THEN MOVED to adopt Resolution No. 1303 changing "no fee" to a $10. 00 fee in every cate- gory. Johnson seconded. Orr offered a friendly amendment to the motion, that Council review this in six months in regard to staff time and at that time consider eliminating the ordinance altogeth- er. White and Johnson agreed to the amendment. It was clarified that existing uses would not be affected, and that no other perimeters have been changed. The motion to adopt Resolution No. 1303 as amended then carried. SEWERS (CONSENT CALENDAR - ITEM 3H) SeaTac Sewer Service Agreement. APPROVAL for the Mayor to sign the agreement with the City of SeaTac authorizing Kent to provide sewer service to property in the vicinity of I-5 and South 216th which is within SeaTac City limits, as recommended by the Public Works Committee. PLANNING North Park. Pam Newcomer, 839 - 3rd Avenue North, expressed concerns regarding duplexes being built in the North Park area which is zoned single family, and about an access road proposed onto Fourth Avenue. White noted that the Public Works Committee will meet on the first Tuesday in January at 2 : 00 p.m. and asked Ms. Newcomer and anyone else who is interested to attend. Johnson agreed to meet to discuss the issue of duplexes, and said Ms. Newcomer will be notified of the time and date of that meeting. POLICE (CONSENT CALENDAR - ITEM 3C) Police Computer Funding. Approval of funding for the Police Department Computer. The 1991 budget included $125, 000 to upgrade the Police Computer. With economic concerns, Information Services was asked to slow down acquisition costs and the 5 December 17, 1991 POLICE Police Department was willing to delay their pur- chase as they awaited some vendor software upgrades. The approved City Computer upgrades moved ahead. Police temporarily used the City' s old computer for a productivity tool expecting new equipment ' ll/91. The Vendor allowed this after giving the City $47, 120 trade in. When the eco- nomic situation worsened CIP funds were rescinded. With funds rescinded, the City needed to come up with $47 , 120 or find funds to upgrade the Police Computer. Because of the storage capacity problems, slower speed, loss of maintenance sup- port, loss of software enhancements, and loss of operational efficiency the Finance Department, Information Services, and Police developed the proposed solution for funding in these tight eco- nomic times. The solution proposed using 91 Information Service savings and reduced 92 compu- ter rental and maintenance costs of $77 , 931. This combined with $110, 000 of unspent criminal justice funds would provide the upgrade without impacting the general or capital improvement funds. HUMAN (REMOVED FROM CONSENT CALENDAR - ITEM 3J AND MOVED RESOURCES TO OTHER BUSINESS - ITEM 4D) Insurance Broker Selection. The Mayor pointed out that the action being requested is for Council approval of the selection of Johnson & Higgins as the City' s insurance broker, in accordance with recommendations from the Human Resources Depart- ment. Ken Chatwin, Risk Analyst, noted that the Insurance Broker Selection Committee consisted of City Attorney Lubovich, Police Captain Byerly, John Hillman, as well as himself and Human Resources Director Olson. He said the purpose of the committee was to review the escalating cost of insurance liability coverages and possibly improve the coverage within the same cost range. He noted that proposals were solicited, interviews held and this recommendation arrived at. He noted that he believes this will result in not only a savings, but improvement in the program. He noted for the Mayor that liability insurance coverage went from $421, 341 in 1990 to $601, 786 in 1991, and that assessment figures for 1992 are $829, 883 . The Mayor clarified that the insurance broker would be responsible for selecting alternative approaches for the City to review. WOODS MOVED to approve 6 December 17, 1991 HUMAN the selection. of Johnson & Higgins as the City' s RESOURCES insurance broker in accordance with recommenda- tions. White seconded. Motion carried. (OTHER BUSINESS - ITEM 4C) Employee Reclassifications - 1991. The City' s Human Resources Department has completed the pro- cess for ninety (90) reclassification requests. We propose reclassifying 33 positions with a fiscal impact as follows: Non-Represented Fiscal Impact for 1992 $29 , 076. 00 Represented Fiscal Impact for 1992 $10 , 824 . 00 Total Fiscal Impact $39 , 900. 00 Human Resources Director Olson noted that 16 appeals were received by the City Administrator and that after review, all 16 were denied. He noted that 13 of the original reclasses are union positions and recommended that if approved tonight, they not be implemented until the City has had an opportunity to negotiate with the respective unions. WOODS MOVED for the approval of employee reclass- ifications as recommended by the Human Resources Department. Orr seconded. The motion carried with Johnson and White opposed. PARKS & (CONSENT CALENDAR - ITEM 3K) RECREATION Donation of Topsoil. AUTHORIZATION for the Parks Department to accept a donation from Central Pre- Mix of Kent of approximately 4 , 000 cubic yards of topsoil which they have stockpiled and need moved. (CONSENT CALENDAR - ITEM 3L) 1992 City Art Plan. APPROVAL of the 1992 City Art Plan which outlines public art projects in general terms for 1992 through 1996 and lists specific projects for 1992 . 1992 projects include down- town murals, play sculpture for parks, purchases for the City' s portable works collection and a project for East Hill Park which due to budget constraints will be deferred until 1993 . 7 December 17, 1991 BUDGET (OTHER BUSINESS - ITEM 4A) 1991 Budget Adjustment. Authorization is requested to adopt an ordinance adjusting the 1991 Budget. The budget adjustment ordinance totals $12 , 479, 891. Of this amount, $10, 974 , 554 has been previously approved by the Council but is included here to officially adjust the budget. The addi- tional amount of $1, 505, 337 has not been offi- cially approved by the Council but is needed to be in compliance with the State auditors require- ments. Revenue from grants, charges to customers or charges to City departments fund the budget adjustments except in the case of the Golf Complex and the Housing and Community Development Block Grant Program. In these two areas, reauthoriza- tion of interfund loans approved in 1990 fund the budget adjustments. The Golf Complex loan is for the same amount, $700, 000, the Housing and Commun- ity Development loan was increased from $70, 000 to $100, 000. None of the changes have an impact on the previously approved 1992 Budget. WOODS MOVED for the adoption of Ordinance No. 3018 adjusting the 1991 Budget. Orr seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through December 16, 1991, on December 31, 1991, subject to approval after auditing by the Operations Committee at their next scheduled meeting. Approval of checks issued for vouchers: Date Check Numbers Amount 11/28-12/16/91 112539-113104 $3 , 278 , 081. 73 Approval of checks issued for payroll : Date Check Numbers Amount 12/20/91 01165432-01166119 $ 620, 703 . 29 8 December 17, 1991 FINANCE (OTHER BUSINESS - ITEM 4B) 1992 Property Tax Levy. Authorization is requested to adopt an ordinance approving the 1992 property tax levy. The property tax levy is cal- culated with information received from King County based on the 106% levy lid law, new construction and voter approved debt service requirements. The property tax levy totals $11, 208, 977 of which $9 , 425, 258 is in the general fund and $1, 783 , 719 funds debt service for the fire apparatus, public safety and senior housing bond issues. The general fund amount is $261, 437 more than included in the 1992 Budget due to a conservative estimate of new construction. The new construction reported during the period between 7/1/90 to 6/30/91, was approximately $108 , 000, 000 . The pro- jected over collection will be added to the City' s fund balance position. Finance Director McCarthy noted that an additional $260 , 000 will be included in the budget because the forecast was conserva- tively estimated. WOODS MOVED for the adoption of Ordinance No. 3019 approving the 1992 property tax levy. Orr second- ed and the motion carried. ADMINISTRATIVE Financial Plan Adjusting to Revised Economic REPORTS Forecasting. The Mayor distributed copies of measures that could be taken in the event that the budget situation gets better or worse. McCarthy noted that the property tax is approximately $260, 000 more than budgeted and the City may end the year with $1, 000, 000 more than budgeted. Johnson stated that it is important that some action be taken on this issue, so the City' s intent regarding the budget is known. HE MOVED that this item be scheduled for the January 7 , 1992 meeting. White seconded. Upon Woods ' ques- tion, Johnson noted that this would allow time for review and for other alternatives to be added. The Mayor noted that there is no urgency and sug- gested that Councilmembers read the list of measures, and later possibly pass a resolution stating what their priorities are at this time. Johnson explained that his intent is that the Council prioritize the options, and that a future 9 December 17, 1991 ADMINISTRATIVE Council could change them. Woods voiced concern REPORTS that this proposal will not have been discussed in a workshop before the January 7th meeting. JOHNSON MADE A SUBSTITUTE MOTION to schedule this item for January 21, 1992 , with a workshop to be held prior. White seconded and noted that at that time more financial information will be available. He predicted that sales figures will be down for December and agreed that this should be addressed in a timely manner. Woods pointed out that the policy should be one which can be enacted in a collaborative, cooperative way. Johnson agreed. The Mayor clarified that Administration would con- sult with Council whether a resolution is passed or not. Orr pointed out that there may be a work- shop regarding utility billing on January 14 , and the Mayor stated that if the workshop cannot be held on January 14 , it is to be held some time prior to the January 21 Council meeting. The mo- tion carried. Garbage Rates. Wickstrom explained that this issue has been discussed by the Operations and Public Works Committees and that the settlement with the garbage contractor left the City with the option to invoke jurisdiction on regulating rates for single family residential service. He noted that if the City does not invoke it, it automat- ically goes to WUTC for approval, and suggested that it be allowed to go to WUTC. No action was taken by the Council . ADJOURNMENT At 8 : 30 p.m. , DOWELL MOVED that the meeting be adjourned. Woods seconded and the motion carried, with Dowell opposing. Brenda Jacober, CMC City Clerk 10