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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/21/1992 Kent, Washington July 21, 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, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Finance Director McCarthy, Human Resources Director Olson, and Information Services Director Spang. Councilmember Mann was excused from the meeting. Parks Director Wilson was not in attendance. There were approximately 40 people at the meeting. PUBLIC National Night Out. Mayor Kelleher read a procla- COMMUNICATION mation declaring August 4 , 1992 , as the 9th annual "National Night Out" . He noted that this provides a unique opportunity for Kent to join forces with thousands of other communities across the country in promoting cooperative police/community crime and drug prevention efforts, and urged all citi- zens of Kent to join the Kent Police Department and the National Association of Town Watch in sup- porting and participating in National Night Out. Police Officer Bob Bradley explained that activi- ties include visits to the Block Watch neighbor- hoods and block parties. He urged people to turn their lights on between 6: 00 and 10: 00 that evening to show support for the program. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR H be approved. White seconded and the motion car- ried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of July 7, 1992 . TRAFFIC (PUBLIC HEARINGS - ITEM 2A) CONTROL Six Year Transportation Improvement Plan. This date has been set for the public hearing on the revised Six Year Transportation Improvement Plan 1993-1998 . Transportation Engineer Ed White explained that every year the City is required to prepare a list of construction projects in order to receive State and Federal funding. He noted that the T. I.P. includes approximately 40 pro- jects, and that it contains $119, 000, 000 worth of projects ($53 , 000, 000 in State funding, $10, 000, 000 in Federal funding, and $56, 000, 000 of City match) . He noted the City match is composed 1 July 21, 1992 TRAFFIC of LID participation, gas tax monies, possible CONTROL developer contributions and city funds. He stated that the Comprehensive Transportation Plan is being updated, and that the projects for which funding is available are in the T. I. P. and the more speculative projects are in the Comprehensive Transportation Plan. He noted for White that an overpass on James Street is still being consid- ered, but that it is necessary to do an analysis to ensure that it would be in the best interest of the City and the neighborhood. He noted that the cost for the analysis is estimated at $62 , 000. Councilmember White voiced appreciation that the Canyon Drive barrier is included, as well as Reith Road. Transportation Engineer White stated that even with budget shortfalls, staff is taking a very aggressive approach and trying to get as many improvements in place as possible. The Mayor declared the public hearing open. William Carleton, 10201 SE 270th Place, submitted a letter from himself, John Kiefer, Charles Kiefer, and Ronda Taylor, which asks for a break- down of costs for the 272/277th Street Corridor as to the amount of money funded by the State, by LIDS, by the City, and by other sources such as mitigation fees and Federal funds. He also asked the total funding required for the corridor and the boundaries of the LID. WOODS MOVED that the letter be made a part of the record. White seconded and the motion carried. Wickstrom stated that it has not been determined who will be in the LID, and that the range of the cost estimate is from $16 million to $30 million. He noted that the City has commitments for LIDs which will gen- erate a certain amount, as well as other sources. He added that the boundaries have not yet been established. Upon the Mayor' s suggestion, he agreed to prepare a memo for Rev. Carleton and the Council which outlines the funding available, what the variables might be, and the process which is used in forming the LID. Carleton pointed out that although the EIS indi- cates that the ground is stable, there were cave- ins last winter and there is a lot of clay in the ground. He suggested that the City look into this. 2 July 21, 1992 TRAFFIC Councilmember White stated that he would like to CONTROL see HOV lanes included in this project even though the EIS says it is not necessary, and asked that those costs be factored in. He also suggested ac- quiring the right-of-way while doing the project. There were no further comments and WHITE MOVED to close the public hearing. Orr seconded and the motion carried. WHITE MOVED that Resolution No. 1317 be adopted, approving the 1993-1998 Six Year Transportation Improvement Plan. Woods seconded and the motion carried. (BIDS - ITEM 5A) LID 333 - Signalization of 72nd and S. 180th. Bid opening was July 7 with four bids received. The low bidder was Breaker Construction with the bid of $71, 930 and staff recommends that the bid be accepted and the project awarded. WHITE SO MOVED. Bennett seconded and the motion carried. SHORELINE (CONSENT CALENDAR - ITEM 3C) MASTER Shoreline Master Program Amendments No. SMP-90-1 PROGRAM and No. SMP-91-1 (Foster Industrial Park Lot 18) AMENDMENTS ADOPTION of Ordinance No. 3056 relating to the Shoreline Master Program Amendments (SMP-90-1 and SMP-91-1) as now approved by the Department of Ecology. These amendments were approved by the City Council at its June 2 , 1992 Council meeting. GROWTH (CONSENT CALENDAR - ITEM 3E) MANAGEMENT Visual Preference Survey Implementation. ADOPTION of the Visual Preference Survey Implementation Resolution No. 1318 as recommended by the Planning Committee. This is a follow-up to the presenta- tion delivered by Anton Nelessen at the Council Workshop on June 16, 1992 . The resolution directs staff in the Planning, Public Works, and Parks De- partments to review the contents of the Growth Management Community Participation Program Report. Also, the resolution responds specifically on how the recommendations of the visioning section of the report can be implemented and directs staff to 3 July 21, 1992 GROWTH bring back to the City Council a plan for imple- MANAGEMENT mentation. The Public Works Committee reviewed the Visual Preference Survey Implementation resolution on July 15, 1992 , recommended approval, and forwarded this to the full Council . SOLID WASTE/ (OTHER BUSINESS - ITEM 4A) RECYCLING CPG Grant. The Public Works Department has received a 60/40 matching grant in the amount of $85, 564 to provide funding for a Solid Waste/ Recycling Coordinator and for special recycling events. In light of the City' s budget, staff has restructured the position, included water conser- vation responsibilities, and propose to fund the 40% match from the water utility. By so doing, any impact to the general fund in filling this position is eliminated. An "in-house" recruitment of the position would provide a potential addi- tional savings for the general fund. The Public Works Committee, Executive Committee and Opera- tions Committee have approved this approach and recommend accepting the grant, recruiting in-house for a Conservation Specialist and transferring $32 , 000 from the unencumbered water fund to pro- vide the 40% match for the position. Steve Dowell questioned the $85, 000 figure and said it was his understanding that the garbage company has a recycling coordinator. Wickstrom clarified that their coordinator handles commer- cial accounts and that the proposed position would handle residential recycling, hazardous waste col- lection, and yard waste, and that implementation of these mandated programs is included in the $85, 000 figure. He added that if the City does not implement these programs, King County could add a surcharge to the dump fees. He also noted for Dowell that the intent is to try to hire in- house from a general fund position and that the vacated position would then be frozen. Dowell commented that if someone in-house fills the posi- tion, they must not have anything to do now, and Wickstrom explained that it could be filled from a position which may otherwise have been laid off. Dowell questioned whether it is possible that the water portion of this job was initiated in order to tap the water fund. Wickstrom said it is not, 4 July 21, 1992 SOLID WASTE/ and that under the Comprehensive Plan before King RECYCLING County, the City must have a water conservation program. He said that this is an opportunity to implement two mandatory requirements without affecting the general fund. Dowell noted that Councilmember Orr previously voiced concern about taking money from the water fund and placing it in the general fund, and that he too is concerned about it. He said it seems that money from rate- payers for water would be transferred to the general fund, and that in the future the City could be faced with finding a way to pay for water improvements. He recommended borrowing money from the water fund rather than giving it, so that rate-payers know that the money is still available for future water improvements. Wickstrom pointed out that water conservation is a water expense, not a general fund expense, and that what is saved on water conservation defers improvements for new sources which are harder and harder to develop. Houser pointed out that taking a position from the general fund would add money back into it. She pointed out that the City has no choice in this, that these programs are mandated, and that the City will come out ahead by using the matching funds. She MOVED that the Mayor be authorized to sign the CPG grant for $85, 564 , to recruit in- house to fill the conservation specialist posi- tion, and to transfer $32 , 000 from the unencum- bered water fund to provide the 40% match for the position. Woods seconded. White asked the Finance Director what procedure would be used and what the costs would be if funds were borrowed. McCarthy responded that the water fund would have to be taxed or charged for service and that the water fund would have to earn a cur- rent market rate of interest, which depends upon how long the funds are borrowed for. He noted for Orr that the water fund monies are currently invested for both long and short terms. Orr noted that it may be better to use the money to fund the position, since very little interest would be accrued over two years. McCarthy noted that since it is for water conservation, it is a legitimate expense of the water fund, and that the money should not be loaned. Dowell said he is concerned 5 July 21, 1992 SOLID WASTE/ about the process and reiterated that the coordi- RECYCLING nator position could be filled by borrowing the money. White offered a friendly amendment to the motion that the position which is vacated when a person is recruited in-house be eliminated. Houser and Woods agreed to the amendment. The motion, as amended, then carried. REGIONAL (OTHER BUSINESS - ITEM 4B) JUSTICE ADDED BY JIM WHITE CENTER Regional Justice Center. White noted that the Environmental Impact Statement for the Regional Justice Center has been completed and asked when the Council would have an opportunity to provide input on the project. He pointed out that the next process is the SEPA process and that Council legally has no input on that process. Mayor Kelleher stated that the City must make a deter- mination as to whether the EIS is acceptable or whether they wish to ask for a supplemental EIS. He explained that the responsible SEPA official, Planning Director Harris, can receive input from the City, but State law provides that the Council cannot dictate what the input will be. He noted that after the Planning Department looks at the EIS and determines whether or not the EIS is acceptable in its present form, the Council and public would be informed and a workshop scheduled to receive input, so that the City would have an opportunity to take that input into consideration before making a final decision. Harris pointed out that the EIS came from the County and that the Planning Department and the City were not involved in it. He explained that to move forward with this project, the City needs an environmental checklist from the County, which will trigger a review of their final EIS . The Mayor asked that the City contact the County and ask for the checklist, and that some workshops or meetings be scheduled to collect input. City Attorney Lubovich noted that the County is the lead agency on this project and that they have gone through their threshold determination process and determined that an EIS was required. He 6 July 21, 1992 REGIONAL agreed that at this point information must be sub- JUSTICE mitted from the County to the City for review and CENTER determination as to what steps beyond the EIS are necessary. He noted that although staff recom- mends holding workshops or meetings, it is not re- quired at this time. The Mayor pointed out that many individuals and groups have approached the City about this issue and asked Harris and Lubovich to speak to the County tomorrow to get the process going. White noted that the Council has given its endorsement of the project and that there should be a place in the process for their input. He pointed out that the EIS shows no major traffic revisions and that he would like to see that addressed. FIRE (CONSENT CALENDAR - ITEM 3G) DEPARTMENT Ordinance Addressing Fireworks. ADOPTION of Ordinance No. 3058 repealing Kent City Code Sec- tion 13 . 09 addressing fireworks, and clarifying City Fireworks permits and fee requirements. This ordinance repeals the existing Kent City Code 13 . 09 to remove inconsistencies with State law, while clarifying that City Fireworks Permits and Fees as recently established are required. It also provides criminal penalties as stipulated by the State Statute (Chapter 70 .77 RCW) . Lubovich explained that the penalty provision (Section 3) is inconsistent with State statute and should be corrected to read as follows: "A person failing to obtain a local fireworks permit as required by Section 2 herein shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed 90 days and a fine not to exceed $1, 000. " There was no objection from Council and the Mayor ordered that the corrected language be incorpor- ated. 7 July 21, 1992 POLICE (CONSENT CALENDAR - ITEM 3H) DEPARTMENT Electronic Monitoring Agreement. AUTHORIZATION for the Mayor to sign Electronic Monitoring Agree- ment with the Washington Association of Sheriffs and Police Chiefs. ANIMAL (CONSENT CALENDAR - ITEM 3F) CONTROL Ordinance Revision Regarding Constrictor Snakes. ADOPTION of Ordinance No. 3057 which amends Section 9 . 16. 76 of the Kent City Code regarding constrictor snakes. The proposed amendment allows the ownership of any non-poisonous constrictor snake under 10 feet in length, requires that those snakes be kept in secure, locked cages, imposes a duty on sellers of those snakes to clearly post a notice of these restrictions, and imposes a separate civil penalty for violations of this sec- tion. COUNCIL (CONSENT CALENDAR - ITEM 3D) Council Absence. APPROVAL of a request for an excused absence for Councilmember Paul Mann from the July 21, 1992 meeting. BUDGET ADDED ITEM - ADDED BY BILL DOOLITTLE Budget. Bill Doolittle noted that the Target Issues for 1992-93 refer to frozen positions and requested that the information presented at the budget workshop on July 21 be printed for the July 28 workshop without the frozen positions. He referred to the mood in the room tonight regarding layoffs and how they were allocated, and said that not reflecting those frozen positions gives a dif- ferent picture and makes the percentages change dramatically in some cases. He confirmed that he is referring to positions which were proposed and never filled, and pointed out that it was the con- sensus of the Council that those positions be eliminated and not be considered in discussions of the 1993 budget. McCarthy clarified for Woods that the 28 . 5 posi- tions discussed at the Council retreat includes 11 or 12 positions which were proposed and never filled, plus vacancies which occurred during 1991. The Mayor noted that the Council can eliminate the 11, the 28 . 5 total from 1991, or the 42+ positions the City is up to now. City Attorney Lubovich 8 July 21, 1992 BUDGET explained that a budget amendment would be required to remove the positions from the budget, but that a different form could be used to remove them from Administration' s formula. The Mayor explained that under Administration' s formula, departments get credit for the positions no matter how the vacancy occurs. White suggested that the Operations Committee consider a revised budget in- volving these positions. Houser agreed that the positions should be eliminated, noting that it is very difficult with so many sets of figures. She then MOVED to direct the City Attorney to prepare an ordinance removing all unfilled positions from the budget. Bennett seconded. Johnson said that he has some concerns about this, but will support the motion at this time, and vote accordingly when the issue comes back to Council. White asked that Council be provided with information regarding which positions these are and what the impact will be. The motion then carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills Approval of payment of the bills received through July 15, 1992 after auditing by the Operations Committee at its meeting at 2 : 00 p.m. on July 21, 1992 . Approval of checks issued for vouchers• Date Check Numbers Amount 7/1-7/15/92 120122-120621 $1, 833 , 021. 73 Approval of checks issued for payroll • Date Check Numbers Amount 7/20/92 1174690-1175242 $ 433 , 590. 41 REPORTS Operations Committee Houser noted that the Chamber of Commerce has requested that the Operations Committee meeting time be changed to a later hour. She explained that they are in the process of determining whether that is possible and will let everyone know. ADJOURNMENT The meeting adjourned at 8 : 00 M. Brenda Jacdbe , CMC City Clerk 9