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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/18/1992 Kent, Washington February 18, 1992 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Bennett, Houser, Johnson, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Public Works Director Wickstrom, Planning Director Harris, Assistant City Administrator Hansen, Fire Chief Angelo, Police Captain Byerly, Finance Director McCarthy, Infor- mation Services Director Spang and Human Resources Director Olson. Councilmember Mann has been excused from the meeting. Parks Director Wilson was not in attendance. Approximately 45 people were at the meeting. PUBLIC National Engineers Week. Mayor Kelleher read a COMMUNICATION proclamation declaring the week of February 16-22 , 1992 , as National Engineers Week in the City of Kent. He encouraged citizens to recognize and appreciate the service provided by Engineers and join in celebrating this year' s observance under the theme "Engineers: Turning Ideas Into Realty" . The proclamation was presented to Don Wickstrom, Director of Public Works. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR L be approved, with the exception of Item F which was removed by Councilmember White. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of January 21, 1992 , with the following addition to the last paragraph on page 8 : Upon a question from Dowell, Angelo explained that the budget was balanced with the proposed fee increases. Dowell recommended to the Council that they approve the fees before they approve the budget in the future. Approval of the minutes of the regular Council meeting of February 4 , 1992 . STREETS (CONSENT CALENDAR - ITEM 3J) 1991 Asphalt Overlay. ACCEPT as complete the con- tract with M.A. Segale, Inc. for the 1991 Asphalt Overlay project and release of the retainage after receipt of State releases. 1 February 18, 1992 STREET (CONSENT CALENDAR - ITEM 3D) VACATION Helen Street Vacation. ADOPTION of Ordinance No. 3028 vacating an unopened street where it abuts Washington Street without compensation to the City from the abutting property owners. DRAINAGE (PUBLIC HEARINGS - ITEM 2A) UTILITY Drainage Utility. This date has been set for the public hearing on modification of the drainage utility rates. Corresponding therewith is a pro- posed reduction of the water rates and the absorp- tion of Metro' s 1992 sewer rate increase. In addition, a five-year drainage utility capital im- provement program is proposed for adoption along with financing for the first year' s program. Public Works Director Wickstrom showed slides of the area taken during the rainstorms of January, 1990 and April, 1991, showing the need for addi- tional improvements to the storm drainage system. He noted clean-up costs run $60, 000-$80, 000 each time depending on the size of the storm. He stated that the City has significant needs in the drainage system and that although costs have gone up, the rates have not been increased since the utility was formed in 1985 . He pointed out that the maintenance and operation costs have gone up because the City has taken on additional facili- ties, and that environmental regulations now re- quire special disposal. He said a five-year program has been developed targeting the flooding in Lower Mill Creek and Upper Garrison Creek and that the total program would cost $22 .9 million. He pointed out that although he is urging adop- tion, there must still be input from the Downtown Infrastructure Program. Wickstrom noted that the first year program would cost $6. 5 million, most of which would go to converting the sewerage lagoon to a detention system, that $1 million would go to solve the erosion problem at Lower Mill Creek, and that $1. 6 million would go to Upper Garrison Creek to address flooding. He said that financing for the 1992 program would include a combination of unencumbered funds on hand, some project reallocation funds and $3 . 8 million worth of bonds. He noted that the net rate increase for a typical residential unit would go from 83 cents a month to $2 . 01 a month. He stated that to 2 February 18, 1992 DRAINAGE offset the impact of the rate increases, they are UTILITY proposing a water rate reduction and the absorp- tion of a Metro rate increase of about 60 cents per single family residence per month. He summar- ized that the impact on customers will vary from basin to basin, based on the amount of water usage. The Mayor declared the public hearing open. Suzette Cooke of the Chamber of Commerce stated that they have reviewed the drainage utility rate increase and are in support of it, noting that there are no acceptable alternatives. She also noted that this is an additional cost not only to homeowners but also to the businesses, and that not all apartments would save money, and that increases will be passed on. She thanked Wickstrom and staff for their efforts in trying to mitigate the rate increases. Harlan Bull, 20601 - 100th Avenue SE, asked what happens to the water after it passes the City limits, and stated that there should be more study done on flooding in the valley. He also noted that drainage improvements were included in LID 336, on East Valley Highway from 192nd to 180th. He asked whether property owners involved in that will be credited for their costs, and noted that only a certain amount of the cost can be passed on to tenants. Wickstrom explained that in 1985 the City acquired all the right-of-ways and are now ready to move ahead with building the detention facilities. He added that studies have been done on the valley detention basin that will provide relief to the downstream properties. He noted that as far as LID 336, the drainage utility did contribute $350, 000 to pay for drainage improve- ments in that project, and that the facilities which were built are water quality facilities, as required by the Department of Fisheries. There was no further public input and WHITE MOVED that the hearing on the rate modification for the drainage utility be continued to the March 3rd Council meeting. Woods seconded and the motion carried. 3 February 18, 1992 STREET (PUBLIC HEARINGS - ITEM 2B) UTILITY Street Utility. This date has been set for the public hearing on formation of a street utility and implementation of proposed rates. Implemen- tation of the street utility rates as proposed will be offset somewhat by the elimination of the City's utility tax to its water, sewer and drain- age customers. Wickstrom explained that the primary reason for this utility is traffic congestion. He showed overheads of the levels of service at various intersections. He added that the Growth Manage- ment Act correlates road system capacity with development potential, and if there is no capa- city, additional permits may not be allowed. He pointed out that the City has received some grants from the Transportation Improvement Board in the amount of $19 million, with the possibility of $2 million more. He said the grants would cover the 277th corridor project, the 196th Street corridor from Orillia Road to West Valley Highway, and the 196th corridor from West Valley Highway to East Valley Highway. He pointed out that action needs to be taken soon on these grants, and that other cities would like to have them. He said that to finance the matching funds, they are considering funds from the street utility, the vehicle regis- tration fee, committing existing cash, and some gas tax funds. He noted that the street utility charge would be per full-time equivalent employee or residential unit. He noted that under state law there is a maximum charge of $2 . 00 per employee or residential unit, and that the maximum amount of revenue that can be generated cannot ex- ceed half of the existing operation and mainte- nance budget. He noted that the City is proposing a rate of $1.90 which was dictated by the existing operations and maintenance budget. He explained that they are proposing to offset the street util- ity by absorbing the utility tax presently on sewer, water and drainage. He noted that Renton has an employee tax under the B & 0 authority which is $4 . 35 a month, Bellevue' s is $3 . 35, and Kent' s is proposed to be $1. 90. Wickstrom explained for White that under the state law, if Metro or the County implement an employee tax, the City would have to give full credit against theirs 4 February 18 , 1992 STREET which would reduce revenues, and that is why they UTILITY are proposing a cash program rather than bonding. Wickstrom noted that the proposals to King County are to not implement such a tax since it would cost more to administer than they would receive. He also explained that Kent has a billing system set up, and that the businesses have already been identified. The Mayor declared the public hearing open. Suzette Cooke of the Chamber of Commerce stated that they have reviewed this utility and are in support. She said they are interested in seeing progress made on streets and relieving the conges- tion. She cautioned that there is a limit as to what can be passed on and that the limit is being reached. She stated that although there is a need for the projects, other issues will also cost business and individuals. Harlan Bull asked how this will be implemented if approved. He noted that there are many multi-tenant buildings in the City with several tenants on one water meter. He pointed out that the number of employees fluctu- ates and the owner would not know to collect for the bill if it is added to the utility bill. He suggested that it be connected to business licenses, and billed on that basis. He voiced concern that the rate would be raised in the fu- ture. Roy Moore, President of Valley Area Trans- portation Alliance, noted that their group repre- sents 250, 000 jobs and $11. 5 billion in assessed valuation. He stated that they have always been in support of cross valley connectors, and said this street utility will be a great step forward. He emphasized that there must be regional coopera- tion. He noted that their members are willing to pay their fair share. Steve Dowell stated that he feels both the drainage and street utilities are necessary, but that he is concerned about the dis- tribution of costs. He asked whether it is morally justified to shift the burden to small businesses and away from residents, and noted that in the long run it is the residents who buy pro- ducts in the City who will pay this bill . He also pointed out that employees who live in the City as well as work in the City would be charged twice. He said the way to escape that is not to live, work or buy in Kent, which he hopes is not 5 February 18, 1992 STREET Council 's intent. He asked the Council to review UTILITY the proportion of costs to small business versus residents, and to let the residents know what this will cost them, whether they are taxed through the businesses and products they sell, or on their utility bill. WHITE MOVED that the hearing on the formation of the street utility be continued to the March 3rd Council meeting. Woods seconded. Motion carried. SOLID (CONSENT CALENDAR - ITEM 3K) WASTE Solid Waste. ADOPTION of Ordinance No. 3031 relating to solid waste handling and regulation, regulating yard waste and authorizing liens for failure to pay charges of solid waste services, as recommended by the Public Works Committee. ZONING (OTHER BUSINESS - ITEM 4A) CODE Planning Commission Recommendation to Amend Kent AMENDMENT - Zoning Code Enforcement Procedures. This meeting ENFORCEMENT will consider the recommendation by the Planning PROCEDURES Commission to amend the Kent Zoning Code Enforce- ment Procedures. On January 27, 1992, the Plan- ning Commission approved amendments to the Kent Zoning Code that would establish new violation enforcement procedures. Carol Proud, Planning Department, explained that the Zoning Code presently contains an abbreviated procedure for enforcement of violations, that zoning violations are currently considered a criminal offense with criminal penalties. She stated that the proposed amendments would estab- lish civil penalties rather than criminal penal- ties which would make prosecution of zoning code violations more effective. She also stated that other cities have adopted civil penalties for zoning code violations and have found that mone- tary penalties allow for recovery of costs for administration and is often an incentive for prompt compliance. Carol Morris, Assistant City Attorney, clarified for White that this will address issues concerning abandoned structures except in severe cases, such as what exists in the North Park area, where abatement procedures might be necessary. She also 6 February 18 , 1992 ZONING CODE stated that the penalty procedure in the Zoning AMENDMENT - Code is for Zoning Code violations only, and that ENFORCEMENT abandoned structures are considered Building Code PROCEDURES violations. Upon White' s question, Morris explained that the Code Enforcement Division has approached her and she is currently working on an amendment to the Building, Fire, Plumbing and Mechanical Codes that will also provide for civil penalties. ORR MOVED to adopt Ordinance No. 3032 amending the Kent Zoning Code Enforcement Procedures, as recom- mended by the Planning Commission. Woods seconded and the motion carried. FIRE/BUILDING (OTHER BUSINESS - ITEM 4B) (ADDED ITEM) Abandoned Structure - North Park. Cheryl Noble, 316 W. Cloudy Street, noted that her neighborhood has been struggling with the issue of a dangerous, deteriorated, abandoned building in the North Park neighborhood. She stated the neighbors have endured many problems with this structure such as rats, overgrown weeds and vegetation, fear of fire, and of having the building collapse. She stated that these problems and the lack of a lasting solution have left the neighbors feeling frustrated, angry and defeated. She further stated that they have expressed their feelings to the Fire Department, the Building Department, the Public Safety Committee, and the King County Health Department. She noted that after the owner was contacted by the Health Department he cut the weeds, put out rat poison, and boarded up the building, but that a long-term solution is needed. Chief Angelo explained that about 2 years ago staff had boarded up the building and the Building Official couldn't get in, so nothing else was done at that time. He noted that the owner lives out of the country and that it would be difficult to have him extradited for a code violation. He noted that a certified letter was sent out Friday to the owner expressing the importance of this matter and asking him to demolish the building and remove it. Angelo explained that the difficulty in the process is that there are certain appeals 7 February 18 , 1992 FIRE/BUILDING rights and time frames in which a person can apply for permits and it could take up to 60 days before anything can be done. He explained that if there is no appeal, the City can move forward with the process to abate the hazard. Angelo stated that a fund would have to be established for abolishing the building and removing the debris. Upon a question from the Mayor, Angelo stated that one building may not cost too much to abate, but there are several buildings that could fall under this process and he felt that the Council should be made aware of the fact that it may be costly to the City. He mentioned that the City would be responsible for taking care of all hazardous con- ditions including underground storage tanks and any type of contamination that may be on-site, and it could be years before the City could recover the costs associated with the abatement process. Angelo further mentioned that civil penalties would have been a motivator to have the owner take care of the problems. Upon Houser' s question, he explained that the owner has 30 days in which to appeal the Building Official ' s finding, and if no appeal is filed within that time the City could proceed, assuming funds are available. He agreed with the Mayor that this particular project may not be an expensive one, but that others in the future may be. Lubovich clarified for Woods that if no action is taken within 60 days, the City can record a notice with the King County Records Department to begin the abatement process. Angelo explained for Bennett that the owner of this particular property has been contacted by the Health Department as well as the City and he looks at this property as a long-term investment for the value of the property and has no interest in developing or repairing it at this time. Orr questioned whether or not a lien could be placed upon the property to recover costs of abolishing the structure and Lubovich stated that if the abatement process is used and notices are recorded with King County, then the City could do so. He also stated that if penalties are changed from criminal to civil, and this is not taken care of in a reasonable amount of time, the civil penalties would apply. Angelo encouraged the 8 February 18, 1992 FIRE/BUILDING Council to study both abatement and the use of civil penalties. The Mayor asked Angelo to meet with Ms. Noble after the meeting to get a list of the names and addresses for the neighbors affected by this building and keep them informed of the progress. White mentioned that he has been given a file with letters from neighbors and that one letter states that this house has been a problem since 1975. He commended the neighbors for their patience. He asked how soon the proposed civil penalty ordi- nance would be before the Council and Carol Morris stated that they would have a draft in about a week. WHITE THEN MOVED to make the letters a part of the record. Orr seconded and the motion car- ried. AMUSEMENT (CONSENT CALENDAR - ITEM 3C) DEVICES Amusement Entertainment Devices. ADOPTION of Ordinance No. 3027 amending licensing code to change fees charged for pool tables and amusement devices distinguishing between taverns and pool halls. HUMAN (OTHER BUSINESS - ITEM 4C) RESOURCES (ADDED ITEM) Hiring Freeze. Bill Doolittle, 412 N. Washington, stated that a controversy has arisen because of the hiring freeze. He mentioned that he had recently seen two full-time positions advertised for $30, 000 a year. He asked which positions are frozen and whether General Fund positions are frozen and CIP positions are open. He also asked how many consultants or independent contractors are working for the City, who are they, when were they hired, for what purpose, the rate of pay, and the length of their contract. He stated that these are people who are being paid with City funds, but aren't City employees, and that he doesn't know who or where they are. The Mayor asked that Administration staff compile a list of such consultants. 9 February 18, 1992 HUMAN The Mayor then explained that the City has RESOURCES authorized more positions then it can afford to fill, and that the freeze is an administrative policy which says that those positions won't be filled, so that budget won't go out-of-balance. He explained that when a position becomes vacant it goes before the Executive Committee who deter- mines whether it is a critical position and needs to be refilled. He noted that they take into account input received from Council and other sources. He noted that recently the Council has talked about passing a resolution which would give input to Administration as to what sort of posi- tions ought to be filled first if more money becomes available. Upon Doolittle' s question, Mr. Chow stated that they review every position whether it' s from the General Fund or the CIP Fund, but the CIP normally has more flexibility. The Mayor pointed out some funds, such as the Water Fund, have a surplus, and if a position becomes necessary, it might be filled, and that it would be a discretionary call. HUMAN (OTHER BUSINESS - ITEM 4D) SERVICES (ADDED ITEM) Homeless Issue. Jackie Grever stated that she is homeless, is currently staying at the YWCA shelter on 4th Avenue, and has to be out by tomorrow. She explained to the Council that she and her husband want to let the Council know that homeless people are discriminated against. She explained that she had found an apartment and has a written statement from the landlord saying they were going to rent Apartment #2 at 711 - 1st Street, that the $25 credit check had been paid, and that they owe a $200 damage deposit and $230 for rent beginning February 17 . She added that Social Services had helped with the first month' s rent. She said that upon calling today at the owner' s request, she found that the rent had been increased from $530 to $550 per month and that they require the last month' s rent in advance, so she is again homeless. Ms. Grever mentioned that this is not the first time this has happened to them and that they have been homeless for almost a year. She stated that homeless people cannot go on living from shelter 10 February 18, 1992 HUMAN to shelter and that there should be laws giving SERVICES the homeless legal rights like everyone else. The Mayor asked her to remain until after the meeting, noting that there are people present who may be able to help her. APPOINTMENTS (CONSENT CALENDAR - ITEM 3E) Human Services Commission. CONFIRMATION of the Mayor' s appointment of Rosemarie Clemente to the Kent Human Services Commission. Ms. Clemente will fill the position designated by ordinance for a representative of a Human Service provider organi- zation/agency formerly held by Peter Mourer whose term of office recently expired. Her appointment will begin immediately and continue to 1/1/94 . (CONSENT CALENDAR - ITEM 3F) (REMOVED AT THE REQUEST OF COUNCILMEMBER WHITE) Civil Service Commission. CONFIRMATION of the Mayor's appointment of Raul Ramos to the Civil Service Commission. Mr. Ramos will replace Bob Jarvis who resigned. His term will begin imme- diately and continue through April, 1994 . White noted that Mr. Ramos is currently working for the City as a consultant and asked whether there would be a conflict of interest by serving on the Civil Service Commission. Lubovich responded that Ramos is an independent contractor and that there is no provision which would pro- hibit him from serving on the Civil Service Com- mission. It was noted for White that Ramos cur- rently serves on the Library Board and the Board of Adjustment. White noted that since this is not a required confirmation, the Council may not be required to take action. Lubovich stated that it is his belief the appointment is subject to Coun- cil confirmation. Houser offered to take the issue back to the Operations Committee to review the scope of work of Mr. Ramos ' contract and of the Civil Service Commission, and have the Attor- ney look into the matter further. There were no objections and the item was referred to the Operations Committee. 11 February 18, 1992 POLICE (CONSENT CALENDAR - ITEM 3G) Interlocal Mutual Aid Agreement District II. King County. AUTHORIZATION for the Mayor to sign Interlocal Mutual Aid Agreement with King County. This agreement is designed to allow one or more agencies to provide additional resources to another agency when there is a breach of the peace or public disturbance and to clarify and define working relationships for law enforcement agencies participating in mutual aid activities within Dis- trict II. (CONSENT CALENDAR - ITEM 3H) Indecent Exposure. ADOPTION of Ordinance No. 3029 adopting a new section to the Kent City Code defining the crime of indecent exposure. The City' s current lewd conduct ordinance has been de- clared unconstitutional . The City adopts State law as it has not faced this challenge. (CONSENT CALENDAR - ITEM 3I) Possession of Marijuana. ADOPTION of Ordinance No. 3030 regarding the penalty for violations for possession of marijuana. The ordinance as pre- sently written was not in compliance with State penalty laws and the new ordinance makes the correction. PARKS & (CONSENT CALENDAR - ITEM 3L) RECREATION Riverwalk Park Grant. ACCEPTANCE of a grant from DNR Aquatics Land Enhancement Account for River- walk Park, and AUTHORIZATION for the Mayor to sign the grant contract. Parks applied for a $75, 000 grant from DNR Aquatics Land Enhancement Account, as recommended by IBC, Parks Committee (June, 1991) and Council through Resolution 1287 . This grant was awarded in December. With the return of the contract to Olympia, the Parks Department may commence negotiations for the acquisition of the property. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through February 18, 1992 after auditing by the Operations Committee at its meeting at 5: 30 p.m. on March 2 , 1992 . 12 February 18, 1992 FINANCE A royal of checks issued for vouchers: Date Check Numbers Amount 2/1-2/14/92 114864-115277 $2 , 101, 054 . 29 Approval of checks issued for pavroll- Amount Date Check Numbers 2/20/92 01168210-01168929 $ 659 , 807 . 74 REPORTS Public Works Committee. Upon the Mayor' s ques- tion, the City Attorney noted that the Council recently asked about meeting with people outside the City regarding the 272/277 corridor. He noted that the previous City Attorney had recommended against communicating with interested parties on the corridor project, based on the concern of the matter being brought before the Council in a quasi-judicial fashion. He said that after researching the issue he has determined that this prohibition on communications is no longer war- ranted. He explained that the concern raised initially was regarding the SEPA review policy. He noted that the time frame for appeals has passed and that any decision the Council will make regarding the EIS will be legislative, not quasi- judicial . Parks Committee. Johnson reported that the Parks Committee had discussed the Youth-at-Risk position this date and that they would like it brought back to the committee at its March meeting after receipt of a legal opinion from the Attorney' s Office regarding whether the position should be funded on a full-time or a 3/4-time basis. Johnson also reminded Councilmembers that in January he had proposed a resolution establishing budget priorities. HE MOVED that the resolution be referred to the Operations Committee for con- sideration. White seconded and the motion car- ried. ADJOURNMENT The meeting was adjourned at 8: 50 p.m. Brenda Jacob)e , CMC City Clerk 13