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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/03/1992 Kent, Washington March 3 , 1992 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Pro Tem Woods. Present: Councilmembers Bennett, Johnson, Mann, Orr and White, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Assistant City Administrator Hansen, Police Chief Crawford, Fire Chief Angelo, Finance Director McCarthy, and Information Services Director Spang. Mayor Kelleher, Council- member Houser, Parks Director Wilson and Human Resources Director Olson were not in attendance. Approximately 30 people were at the meeting. PUBLIC Employee of the Month. Mayor Pro Tem Woods COMMUNICATION announced that Barb Haney of the Police Department has been selected as Employee of the Month for March. She noted that Ms. Haney is Secretary to the Detectives Unit, and that she is a hard working and dedicated employee with top notch customer service skills. Police Chief Crawford said that she is a very valuable employee who is a pleasure to work with, and that he and the detec- tives appreciate her very much. CONSENT WHITE MOVED that Consent Calendar Items A through CALENDAR I be approved. Mann seconded and the motion car- ried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of February 18, 1992 and the Special Council meeting of February 6, 1992 . STREETS (CONSENT CALENDAR - ITEM 3F) South Central Street Widening. ADOPTION of Ordinance No. 3033 authorizing staff to proceed with condemnation for right-of-way on two parcels in order to proceed with the South Central Street widening project, as recommended by the Public Works Committee. STREET (OTHER BUSINESS - ITEM 4A) VACATION ADDED ITEM Parkside Walkway. Joe Hembree, 25208 - 36th Place South, noted that last year residents of the area asked that their walkway be made smaller or be removed. He said that the City has enlarged it to the point that cars can drive down it, and has 1 March 3 , 1992 STREET taken so much land from the residents of 37th VACATION Place that they are moving because there is not enough space in their yards. He said the City has spent over $20, 000 on a walkway that is used approximately 8-12 times a week. He noted that there is now a street light in his back yard, and asked the Council to reconsider Resolution 1257 . Wickstrom explained that this was a proposed vaca- tion of a portion of a pathway and in lieu of vacating it, Council asked Public Works to improve it. He noted that the City gravelled it, put in street lights because of a concern about darkness, and moved fences, and that the total cost of the improvements was between $5, 000 and $6, 000. White agreed to add this issue to the Public Works Committee agenda for March 17 . He noted that the meeting will be held at 2 : 00 p.m. and Hembree said he will attend. White noted that some residents had built their fences in the right-of-way and that they were moved to the property lines. Hembree noted that although the fence is only one month old, it is already full of graffiti. He asked the Council to consider closing the walkway. Byron Beck stated that he had originally petition- ed to close the easement, and that he feels the improvements have been good. He said more people have been attracted to the walkway since it is no longer dangerous. He expressed concern that there is no crosswalk nor any signs from the pathway across Military Road, noting that children ride their bicycles out onto Military. He said signs are needed to slow drivers down because they can- not see the children. He added that since the light has gone up, the fence and three cars have been painted near it. He suggested spray painting the fence monthly because of the graffiti. He also said he will attend the next Public Works Committee meeting. 2 March 3 , 1992 STREET (PUBLIC HEARINGS - ITEM 2B) UTILITY Street Utility. The public hearing on formation of the street utility and implementation of the street utility rates was opened at Council 's last meeting and continued to this meeting for addi- tional public comment thereon. At the February 18 meeting the Director of Public Works presented the street utility proposal along with its associated rates, the necessity for same and the improvements targeted for funding. The Director also noted that the street utility rate impact is to be off- set somewhat by the proposed elimination of the City's utility tax on the utility bill of its water, sewer and drainage customers. Woods declared the public hearing open. Bill Joy, 28183 - 109th Avenue SE, noted that the cost of the 272nd/277th corridor will range between $16 and $30 million, and that people who live outside the city limits of Kent will be asked to fund a large portion. He asked how the funds which will be eliminated from the tax on water and drainage will be replaced. He also pointed out that the City Attorney recently informed the Councilmembers that they could now communicate with opponents or proponents of the 272nd/277th corridor, and urged them to study the draft environmental impact statement, supporting documents and comment letters. He also suggested holding a public forum to assure all of the objectives of the project are met. Barry Broxson, 28255 - 105th Avenue SE, said that the 272nd/277th corridor will get traffic up to East Hill, but will not alleviate existing problems in Kent. He asked how the city can justify a tax on Kent citizens for a road that is completely outside the city limits. He agreed that the city should study this thoroughly to avoid future legal problems. He also asked how the city can justify heavy truck on 272nd/277th, as noted in the draft EIS - page 83 , which would bring traffic from I-5 through the valley and up East Hill to Kent-Kangley Road, which can barely handle the present automobile traffic. Wickstrom explained that without the road, the congestion on Kent' s city streets would be even worse, and that studies show the road would provide significant benefits within the city. He also noted that the 3 March 3 , 1992 STREET EIS will be presented to the Council for direction UTILITY as to whether or not to proceed, and at that point technical people will be in attendance to address questions about the corridor. Lubovich clarified that the city can build the road with the County's concurrence, and that the key question is the power of condemnation. He offered to further re- search the issue, and Woods asked that Mr. Broxson be informed as to the results of the research. White noted that he had read a letter to the editor alleging that this corridor would be a truck corridor, but that he was not aware of that. Wickstrom said it has never been proposed as a truck corridor. Johnson said there is no question that trucks would use it, and that they cannot be prohibited from using it just as they use Kent- Kangley, Benson, or any highway. John Kiefer, 11048 SE 274th, noted that there must be some kind of mitigation for the residents of the area. He pointed out that on advice of the previous City Attorney, Councilmembers have not been able to listen to concerns regarding this project. Johnson explained that since City Attor- ney Lubovich issued a contrary opinion, he has had discussions with opponents and proponents on the issue and has read the EIS and related correspon- dence and testimony. He added that as a citizen he is concerned that there are a lot of county people driving through the city causing accidents and fatalities. He questioned whether the people who are in opposition to this project are willing to use transit or carpools as an alternative. Kiefer noted that no provision has been made for high occupancy vehicle lanes or light rail. He said such provisions should be made now, not in the future, and suggested having more public hearings on the issue. Harlan Bull, 20601 - 100th Avenue SE, asked whether the ordinance will specify what project the funds will be spent on and what happens to the funds before the project is ready. He also said he would like to see a sunset clause in both ordi- nances. White noted that he intends to look at the possibility of a 10-year sunset clause and at 4 March 3 , 1992 STREET using the utility for specific projects. He UTILITY invited everyone to attend the Public Works Com- mittee meetings at 2 : 00 p.m. on the first and third Tuesday of each month. Lubovich clarified that the ordinance as drafted does not single out any particular project which the funds would be used for, and that it would not approve or disap- prove the corridor project. Connie Baesman, 10206 SE 224th, voiced concern about the statement the city would be making by funding a street utility in support of the corridors at this time. She agreed that traffic problems exist and that the corridor is one solution, but said more alterna- tives should be considered. She said the costs and environmental effects need to be known, and urged the Council to look further into this issue. She pointed out that the Puget Sound Council of Governments recommended this with an HOV lane, but that the proposal before the Council does not pro- vide for that. She distributed copies of a letter to the City from Chris Leman of the Institute for Transportation and the Environment which states that Kent needs to look at the total picture and at alternatives. She said that people would be willing to accept a road if other alternatives are considered and it is determined that a road is the best solution. She added that if a road is the best answer, it should be done properly. Gay Fournier, 28261 - 108th Avenue SE, pointed out that while county residents drive through Kent, they also shop in Kent, and suggested that every- one work together on this issue. She voiced con- cern about five-lane roadways entering two-lane roadways and asked how and when that will be coor- dinated. She stated that she feels traffic will be increased from the intersection of the proposed corridor and Kent-Kangley to Highway 18 . She won- dered whether the Council should be assessing a street utility tax when they are not sure whether they can legally build this road in the county or not, and said that the King County Attorney' s opinion is that the City cannot build the roadway or condemn land in the county. Bill Joy noted that there is a park-and-ride lot in Kent and that Kent would like to have a train station downtown. He questioned why the parking lot and train 5 March 3 , 1992 STREET station would be necessary if the city is not UTILITY going to bring traffic to them. Rhonda Taylor, 12418 SE 273rd Place, asked whether other cities have similar utility taxes and whether businesses within Kent will be at a disadvantage. Wickstrom explained that Renton has a tax of $4 . 35 per employee per month, Bellevue has a tax of $3 . 35, and that Kent ' s is proposed to be $1. 90. He added that Kent would also eliminate the utility tax on sewer, water and drainage, and clarified that the taxes in other cities are not for limited terms. Mann pointed out that the Council will be holding their retreat on March 13 and 14 and asked that they be provided with a history of the 272nd/277th corridor and all the information they need to have on it. Upon a question from Laurie Muller, 10997 SE 284th, Wickstrom explained that the utility tax is being absorbed by the respective utilities and is being dropped from customers bills. He said that because of the growth the city has experienced, the utilities are healthy and can absorb it. Muller urged the Council to postpone the tax until all information has been analyzed. She noted that 300 people had attended a meeting on the draft EIS. Woods clarified that no action is being re- quested tonight, that this issue is scheduled to go back to the committee if Council concurs. Dave Heutchv, 20925 SE 287th, noted that the turnpike theory is that no matter how many roads are built, they will fill up. He said that 272nd/277th will fill up and could lead to higher density develop- ment and that yet another road will have to be built. He urged the Council to look at alterna- tives. He also stated that there is more to building a road than money, such as costs to the environment, the quality of life, and the people impacted. He said the Council is in a position now to determine what they want in the future. Barry Broxson noted that Wickstrom had recently addressed annexing part of East Hill and had said it has nothing to do with this road. Broxson said it would cost thousands of dollars to annex the area and asked whether that had been factored in when determining the tax. John Kiefer wondered whether $1. 90 per employee per month will solve 6 March 3 , 1992 STREET the problem or whether it will have to be raised UTILITY in the future. Connie Baesman stated that she feels the entire planning process should be worked on at the county and city level because it needs to be changed to meet modern standards. Wickstrom noted for Gay Fournier that the street utility affects only people within the city, and that people outside the city limits will not see a change except for a rate reduction on the drainage utility. He also explained for her that the $1.90 charge is one-half of the previous operating bud- get of the street department. Fournier asked where the annexation proposal stands today and Johnson explained that the annexation was initi- ated by the residents of the area, therefore it is up to them to bring the city a petition and that they have not done so. Wickstrom noted that all comments and questions and answers will be a part of the final EIS and that it is available to Coun- cilmembers if they desire to read it. Fournier said that putting the corridor in will worsen traffic and invited each Councilmember to visit the area. She said that if a road does go in, it should be done properly and with foresight. There were no further comments and WHITE MOVED to close the public hearing. Orr seconded and the motion carried. White noted that this area con- tinues to grow and said that additional roads should be looked at thoroughly and done correctly. He challenged the people in the audience to come up with alternatives and said the city will explore them, adding that this issue will be dis- cussed as long as it takes. He invited everyone to attend the Public Works committee meetings and MOVED that this issue be referred back to the Pub- lic Works Committee. Orr seconded and the motion carried. Woods pointed out that the Council retreat is held one day a year and that while Council may receive the information Mann requested, it is unlikely they will spend a great deal of time discussing it at the retreat. She said they are prepared to discuss it at another time. She noted that the retreat will be held this year at the West Hill Fire Station. 7 March 3 , 1992 DRAINAGE (PUBLIC HEARINGS - ITEM 2A) Drainage Utility. The public hearing on the pro- posed drainage utility rate modification was opened at Council ' s last meeting and continued to this meeting for additional public comment there- on. At the February 18 meeting the Director of Public Works presented the drainage rate proposal, the necessity for same and the 1992 improvements targeted for funding. The Director also noted that the drainage rate increase is offset by a proposed water rate reduction and the absorption of Metro 's 1992 sewer rate increase. Upon White's question, Wickstrom noted that only the 1991 rates would be adopted at this time. Woods declared the public hearing open. Ted Nixon, 911 E. Temperance, spoke in opposition to this tax, noting that the City has failed in its obligation to maintain its existing roads and im- prove safety for its pedestrians. He stated that he does not believe the City should pursue the 277th corridor, noting that it has overshadowed other road improvement programs in the City. He pointed out that recently the Council authorized spending $250, 000 to further study the 277th cor- ridor, and that the City has been assessing devel- opers for the corridor over the past several years, but they claim to have no money to upgrade pedestrian safety and sidewalks. He said that if the Council enacts this assessment, they will again demonstrate how out of tune they are with the public. There were no further comments from the audience and WHITE MOVED that the public hear- ing be closed. Orr seconded and the motion car- ried. WHITE THEN MOVED to refer this matter back to the Public Works Committee for a committee recommenda- tion thereon. Orr seconded and the motion car- ried. PUBLIC (CONSENT CALENDAR - ITEM 3C) SAFETY Bicycle Safety Advisory Committee. CONFIRMATION of the Mayor' s appointments to the Bicycle Safety Advisory Committee, in accordance with Resolution 1298, dated December 3 , 1991 as follows: 8 March 3 , 1992 PUBLIC Phil Miller as an Ex-officio member. His term SAFETY will begin immediately and continue through 12/31/92 . Two year terms: John Steich Eric Leiper Ed Johnson Ed Morton Sandy Couter Their terms will begin immediately and continue through 12/31/93 . One year terms: Neil McQuage Larry Stougard Randy Danioth Steve Babbitt Laurie Sundtedt Their terms will begin immediately and continue through 12/31/92 . Mann added that Police Chief Crawford is an Ex- officio member whose term begins immediately and expires on 12/31/92 . POLICE (CONSENT CALENDAR - ITEM 3E) DEPARTMENT Contract with the City of Algona. AUTHORIZATION for the Mayor to sign an agreement with the City of Algona contracting for the services of Captain Dennis Byerly to serve as Interim City of Algona Police Chief for a period not to exceed 180 days. FIRE (CONSENT CALENDAR - ITEM 3G) DEPARTMENT Sale of 800 MHZ Trunked Radio System and Mobile Data Terminal System. AUTHORIZATION to negotiate with Valley Communications Center for the sale of the 800 MHz trunked radio system and the mobile data terminal system. When the 800 MHz trunked radio system and the mobile data terminal (MDT) system projects were approved, it was done with the knowledge that the initial implementation would not fully meet the operational needs of the Police and Fire Departments. The intent of pro- ceeding with the projects was to provide essential backbone system components that could be expanded in the future. It was also the intent that the systems would be implemented in a manner compati- ble with the regional philosophy for public safety communications. It was anticipated that future 9 March 3 , 1992 FIRE funds generated by selling air-time on the DEPARTMENT systems, or the systems themselves, would be used to accomplish this work. Valley Communications Center has completed a background engineering study evaluating the efficacy of 800 MHz trunking technology and MDT' s for all of its users. This effort has concluded that Kent' s systems provide the best foundation for a system to serve the Valley Com user agencies. Transfer of the system to Valley Com ownership would have a number of advantages to the City of Kent. Obviously, funds generated from the sale could be used to complete the Police and Fire Departments ' equipment inventory and provide other emergency communications equipment that was omit- ted in the projects initially due to limited funds. It would also allow Kent to again be in the position of being a system "user" instead of being the system "operator" , lessening our admin- istrative load. Further: * Kent would become an equal owner in a larger and more capable system. Coverage of a Valley Com system or regional system would be very benefi- cial to us. We would never be able to license or afford a system of this capability on our own. * Kent would greatly improve our ability to com- municate with all our neighboring jurisdictions, particularly in major emergencies or disaster situations. * As a co-owner, Kent would only need to contri- bute our share to on-going and replacement costs, rather than being exposed to this cost individually. Even though the City would still have direct costs related to maintenance and re- placement of our own equipment inventory, we would share in these costs for fixed-end equip- ment. * Our opportunity to receive funds from the Coun- ty' s funding measure are improved since we clearly are showing our willingness to cooper- ate in regional plans. 10 March 3 , 1992 FIRE Any agreements resulting from these negotiations DEPARTMENT would be returned to Council , through the appro- priate channels, for approval . The Public Safety Committee recommends approval by the Council to authorize the Fire Chief to proceed with negotiations with Valley Communications Cen- ter for the sale of the 800 MHz trunked radio system and the mobile data terminal system. (CONSENT CALENDAR - ITEM 3H) Use of Public Safety Facilities for Temporary Emergency Backup Dispatch. AUTHORIZATION to nego- tiate with Valley Communications Center for the use of existing public safety facilities for tem- porary emergency backup dispatch uses. During an emergency that affects Valley Communications Cen- ter' s facilities, disruption of critical public safety communications and dispatching services could occur. Under such emergency conditions, the Center may need to temporarily relocate dispatch personnel in order to continue service. By having a pre-established and equipped emergency backup location, this transfer can be accomplished with the minimal disruption to emergency dispatch ser- vices. Valley Com is beginning the process of defining their functional and operational needs for such an occurrence. They have approached the Fire Depart- ment to discuss the possibility of accomplishing this level of service protection by reaching an agreement for the use of Fire or Fire/Police fa- cilities in a time of need. It is anticipated that agreements can be reached with Valley Com that will meet their needs to continue essential communications services while not adversely impacting Kent' s ability to operate. Any agree- ments resulting from these negotiations would be returned to Council, through the appropriate chan- nels, for approval . The Public Safety Committee recommends approval by the Council to authorize the Fire Department to negotiate an agreement with Valley Com for the use of existing Public Safety facilities for temporary emergency backup dispatch uses. 11 March 3 , 1992 FIRE (CONSENT CALENDAR - ITEM 3I) DEPARTMENT Radio Transmitter and Antenna Space Agreements. AUTHORIZATION to negotiate agreements with inter- ested governmental entities for radio transmitter and antenna space at the City' s Cambridge public safety radio site. When the Cambridge radio site was constructed for Kent' s public safety 800 MHz radio system and mobile data terminal (MDT) sys- tem, it was designed in a way to allow the City of Kent to expand its radio services at the site while still allowing for the leasing of space to other entities. It was also designed in such a way as to allow the site to be incorporated into a region-wide radio system design. At the present time, the Port of Seattle is inter- ested in negotiating an agreement to locate radio equipment at the site of its new 800 MHz trunked radio system. This system is of the same technol- ogy and fully compatible with Kent' s system. Con- currently, technical discussions are being held with other governmental entities, including King County, to evaluate the site as part of a county- wide radio system design. It is also anticipated that other public safety users may request use of the space in the future. Coordination of agree- ments for use of this site will aid in the forma- tion of region-wide communications capabilities. Any agreements resulting from these negotiations would be returned to Council, through the appro- priate channels, for approval. The Public Safety Committee recommends approval by the Council to authorize the Fire Department to negotiate and manage any agreements for the place- ment of radio equipment at the Cambridge site. HUMAN (CONSENT CALENDAR - ITEM 3D) SERVICES Human Services Commission. CONFIRMATION of the COMMISSION Mayor' s appointment of Lucyle Wooden as a member of the Kent Human Services Commission. She will represent the User of Services category and will replace Alla Mironyuk who resigned. Her appoint- ment will begin immediately and continue to 1/1/94 . 12 March 3 , 1992 FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through February 28, 1992 after auditing by the Operations Committee at its meeting at 5: 30 p.m. on March 2 , 1992 . Approval of checks issued for vouchers: Date Check Numbers Amount 2/15-2/28/92 115278-115594 $ 886, 250. 96 Approval of checks issued for payroll: Date Check Numbers Amount 3/5/92 01168930-01169654 $ 645, 946. 04 REPORTS Council President. Woods noted that the Suburban Cities meeting will be held in Auburn on Wednesday, March 11th. Woods distributed copies of a proposed ordinance granting qualified endorsement for the location of a regional justice center in the City of Kent. WHITE MOVED to approve Resolution No. 1310. Woods seconded and the motion carried. Planning Committee. Orr reported that Part I of the Community Participation Program will be com- pleted very soon and has been very successful. She noted that Part II of the program will be held on Wednesday, March 11, at 7 : 00 p.m. at Kentwood High School Performing Arts Theater with a visioning session, that on Thursday, March 12 , there will be a lecture entitled, "Designing Communities of Place" at the Kent Senior Center at 7 : 00 p.m. , and that there will be a presentation of Kent' s vision on Saturday, March 14 at 11: 00 a.m. at the Kent Senior Center. She noted that Planning Director Harris has additional copies of this schedule if anyone would like one. Administrative Reports. Finance Director McCarthy distributed packets of budget information to the councilmembers for them to review and take to their retreat. He went over the information, pointing out that investments earned 5 . 1% in 13 March 3 , 1992 REPORTS January, and 4 .9% in February, but that the older investments are still earning good rates. He noted that increasing the penalty on parking cita- tions is being considered, and that he is working with the Law Department to collect on foreclo- sures. He added that he has been working with a financial advisor regarding the possibility of re- financing some long term debt. He said the January revenue chart indicates that the City should consider extending the hiring freeze. He noted that department heads have been asked to look carefully at their budgets so as not to over- spend. McCarthy noted that half of the utility tax is based on electricity, and that since the winter was warm, they may have overestimated the utility tax. He noted that building permit activity has not picked up, but that recreation fees were ahead and golf course revenue looks good. He noted that the City is ahead in some ways and behind in others, but that they ended the year with $1, 240,843 more than expected. White suggested cautious optimism, and asked whether the City has hired anyone. McCarthy explained that the budget approved the hiring of one police officer and one firefighter, and that the Executive Committee has approved two positions in Public Works. He explained that positions are being looked at on an individual basis. ADJOURNMENT The meeting adjourned at 8 : 45 p.m. Brenda Jaco er, CMC City Clerk 14