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
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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.
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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
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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
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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
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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
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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.
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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:
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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
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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.
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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.
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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 .
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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
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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
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