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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/02/2001 (2) Kent, Washington January 2 , 2001 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Councilmembers present : Amodt, Brotherton, Clark, Epperly, Orr, Woods and Yingling. Others present : Chief Administrative Officer McFall, City Attorney Lubovich, Police Chief Crawford, Fire Chief Angelo, Deputy Assistant Chief Administrative Officer Martin, Public Works Director Wickstrom, Planning Manager Satterstrom, Finance Director Miller, and Parks, Recreation and Community Services Director Hodgson, and Employee Services Director Viseth. Approximately 30 people were at the meeting. CHANGES TO THE AGENDA The City Attorney requested the addition of 1) an ordinance amending the tax levy ordinance and 2) an interlocal agreement regarding art on the parking garage under Other Business . There was no opposition from Council and they were added as Items 7B and 7C. The Mayor requested the addition of confirmation of two appointments to the Consent Calendar, and they were added as Item 6G. Continued Communications Items 11A, 11B, 11C and 11D were added at the request of Martin Plys, Joe Rubio, and Ted Kogita. John Gardner, 11119 SE 244th, voiced concern about runoff from Daniel Elementary School and said he has not received any assistance from the City. Mayor White explained that the school district is separate from the City and that he should contact them. PUBLIC COMMUNICATIONS Kent Police Department Teddy Bear Program. Pastor John Jendresen from Kent Christian Center explained that the church has collected nearly 200 teddy bears for the Kent Police Department to give to children in need. He expressed appreciation to the Police Department and pre- sented Officer Sprague with a few of the bears . Officer Sprague thanked the Kent Christian Center and explained that the bears are given to children who are terminally ill, as well as those in difficult situations . Employee of the Month. Mayor White announced that Cindy Riege, Senior Engineering Technician in the Public Works 1 Kent City Council Minutes January 2 , 2001 PUBLIC COMMUNICATIONS Engineering Department, has been chosen as the Employee of the Month for January. He noted that she works with the public at the customer service counter and with project engineers on city projects . He commended her for her work ethic and her outstanding efforts on the Wellness Committee. Public Works Director Wickstrom added that Ms. Riege has been a stellar employee for fifteen years. She was then presented the Employee of the Month plaque. CONSENT CALENDAR ORR MOVED to approve Consent Calendar Items A through G. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes. APPROVAL of the minutes of the special meeting of December 5, 2000, and the regular Council meeting of December 12 , 2000 . SEWERS (CONSENT CALENDAR - ITEM 6D) Sewer Latecomer Agreement. AUTHORIZATION for the Public Works Director to execute a sanitary sewer latecomer agreement with N & G Development, LLC for the plat of Rhododendron Estates, as recommended by the Public Works Committee. SOLID WASTE (OTHER BUSINESS - ITEM 7A) Solid Waste Recycling Materials And Yard Waste Ordinance And Contracts - First Reading. This con- stitutes the first reading of ordinances and contracts relating to solid waste, recyclable materials, and yard waste collection, disposal, and processing. The City currently contracts with Waste Management of Washington, Inc . and Kent Meridian Disposal for this service . These contracts are due to expire March 31, 2001 . The City has entered into negotiations for new 10-year contracts . The proposed ordinance amends Chapter 7 . 03 of the Kent City Code relating to solid waste. These amendments are recommended to be consistent with the provisions of the new proposed franchise contracts . 2 Kent City Council Minutes January 2 , 2001 SOLID WASTE The City Attorney explained the situation and noted that the City would receive free pickup at their facilities, resulting in quite a savings. He said territories would remain the same, and that areas annexed in the future would use the same hauler as they did before . He noted that pickup would be mandatory, that there would be a single blended rate, and that the cost of living adjust- ment would be 80% of the CPI . He explained that the reason for amendments to Kent City Code Chapter 7 . 03 is that there are changes to the hauling provisions in the contracts, and this will result in consistency. Wickstrom pointed out that the Public Works Committee will make a recommendation to the Council . Lubovich clarified that during holidays and inclement weather, double loads would be picked up at no additional cost . It was noted that the haulers provide citizens with a calendar of pickup dates . TRANSPORTATION (CONSENT CALENDAR - ITEM 6E) Washington State Department Of Transportation Grant Agreement, 277th St Reconstruction, West Valley To Auburn Way North. AUTHORIZATION for the Mayor to sign the grant agreement, direct staff to accept the grant in the amount of $1, 942, 119 and establish a budget for the funds to be used within the South 277th St Reconstruction Project - West Valley Highway to Auburn Way North, as recommended by the Public Works Committee. TRAFFIC (PUBLIC HEARINGS - ITEM 5A) LID 354, Washington Avenue HOV Lanes and Meeker Street Widening Improvement. This date has been set for the public hearing on the formation of LID 354, Washington Avenue HOV Lanes and Meeker Street Widening Improvement . Wickstrom explained that the purpose of the hearing is to determine whether or not to form the LID. He out- lined the improvements which would be made on Meeker Street and Washington Avenue, and noted that the LID would help finance these improvements. He explained that the total cost is $4, 000, 000 and that LID would cover approximately 12% or $480, 000 . He said the 3 Kent City Council Minutes January 2 , 2001 TRAFFIC property owners who attended a meeting on November 15 were supportive of the project, and then explained the methods of assessment and payment . CLARK MOVED to make a letter from Robert Heller, on behalf of Kent K-Mart Center, a part of the record. Orr seconded and the motion carried. Wickstrom noted for Yingling that spot acquisition is required and that the project should be completed in 2002 . Amodt voiced concern about the HOV lanes, and Wickstrom pointed out that the grant was received based on the HOV lanes . Brotherton requested information on how congestion will be affected and whether the bridge would be widened. Mayor White opened the public hearing. Joe Rubio, 3831 S . 248th, suggested either not making the extra lane an HOV lane, or making it reversible. Martin Plvs, 3004 S . 256th, said something should be done about the conges- tion caused by the bottleneck at the bridge on Meeker Street . Dan Barrett, 16150 119th Avenue SE, Renton, voiced concern that property owners' money would be spent but the traffic problem would not be solved. Randy Clark, 2114 S . 279 Place, Federal Way, a business owner in the area, expressed concern about the loss of display area and questioned whether the city will put in a barrier for security. He emphasized that street projects result in a negative impact on businesses. There were no further comments from the audience and ORR MOVED to close the public hearing. Woods seconded and the motion carried. CLARK MOVED to authorize the formation of LID 354 for the Washington Avenue HOV Lanes and Meeker Street Widening Improvement Project and to direct the City Attorney to prepare the necessary ordinance. Woods seconded. Clark clarified that the city must demon- strate to the state that progress is being made on this type of project, and said that the 228th corridor will bring the most relief . Yingling spoke in favor of forming the LID and upon Amodt ' s question, Wickstrom explained that these grant funds cannot be used for reversible lanes . Clark' s motion then carried. 4 Kent City Council Minutes January 2 , 2001 TRAFFIC (CONSENT CALENDAR - ITEM 6F) West Hill Signal Traffic Interconnect Project Funding Transfer. AUTHORIZATION to transfer the funds from the Kent Kangley Interconnect project to fund the West Hill Signal Traffic Interconnect Project, as recommended by the Public Works Committee. (BIDS - ITEM 8A) West Hill Signal Traffic Interconnect Project. The bid opening for this project was held on December 5th with three bids received. The low bid was submitted by Potelco, Inc . in the amount of $77, 120 . 00 . The Engineer' s estimate was $91, 120 . 00 . The Public Works Director recommends awarding this contract to Potelco, Inc . CLARK MOVED that the West Hill Signal Traffic Interconnect contract be awarded to Potelco, Inc . in the amount of $77, 120 . Epperly seconded and the motion carried. ALLEY VACATION (CONSENT CALENDAR - ITEM 6C) Alley Vacation Between lot And 2nd, Smith And Temperance. PASSAGE of Resolution No. 1581 setting a public hearing date of February 6th for the Alley Vacation between 1st & 2nd/Temperance & Smith, as recommended by the Public Works Committee . APPOINTMENTS (CONSENT CALENDAR - ITEM 6G) (ADDED ITEM) Appointments. CONFIRMATION of the Mayor ' s appointment of Mr. John Daniels to serve as a member of the Kent Drinking Driver Task Force . Mr. Daniels is a Kent resident and practiced law before his retirement . He has a BA from Northwestern University in Evanston, Illinois, and received his JD Degree from the University of Arizona, College of Law, at Tucson, Arizona. In addition to his law practice, Mr. Daniels served in the US Naval Reserve in the Judge Advocate General ' s Corps and also worked for the Arizona Department of Health Services . His volunteer service includes American Red Cross, food bank director, Kiwanis and VA Hospital law. 5 Kent City Council Minutes January 2 , 2001 APPOINTMENTS Mr. Daniels will replace Mary Lou Becvar, whose term expired, and his new term will continue until 1/1/2004 ; and CONFIRMATION of his reappointment of Councilmember Tom Brotherton to continue serving as a Council repre- sentative to the Kent LEOFF 1 Disability Retirement Board. His new term will continue until 12/31/2002 . PARKS, RECREATION AND COMMUNITY SERVICES (OTHER BUSINESS - ITEM 7C) (ADDED OTHER BUSINESS ITEM 7C) Sound Transit Agreement. The City Attorney distributed copies of an interlocal agreement with Sound Transit for the installation of art at the Sound Transit parking garage. He noted that the Arts Commission has approved $45, 000 for the commission of certain art at the garage. McFall noted for Amodt that the money will come from the $2 . 00 per capita which the City puts into the Arts Commission for public art . WOODS MOVED to authorize the Mayor to execute an interlocal agreement with the Central Puget Sound Regional Transit Authority (Sound Transit) for the design, fabrication, installation, ownership and maintenance of artwork at the parking garage, as approved by the City of Kent Arts Commission. Orr seconded and the motion carried. (CONTINUED COMMUNICATIONS - ITEM 11A) City Administration. Yingling noted that earlier in the meeting Mr. Plys asked to speak on things of a personal nature having to do with the City Administrator. He objected to such discussion and opined that Mr. Plys should deal with the issue in private. There was no motion to place such a discussion on the agenda. Mayor White noted for Joe Rubio that he is responsible for hiring, that he refused Mr. McFall ' s offer to resign and that the issue is over. (CONTINUED COMMUNICATIONS - ITEM 11D) Performing Arts Center. Martin Plys stated that the people voted no on the Performing Arts Center and that they are adamantly opposed to using public funding for one . Mayor White assured Plys that there is no movement by the City to support a performing arts center. 6 Kent City Council Minutes January 2 , 2001 PARKS, RECREATION AND COMMUNITY SERVICES Bill Young asked why the manager of the performing arts center was on the payroll until the end of December and said that many people feel he should have been terminated the day after the bond issue failed. He said keeping the manager has cost taxpayers at least $30, 000 . Yingling explained that the manager was taken off the payroll at the next Council meeting and that the Performing Arts Center Board used donated funds to pay the remaining portion of his contract . CENSORSHIP (CONTINUED COMMUNICATIONS - ITEM 11C) Censorship, Ted Kogita, 25227 Reith Road, said he has been denied his right to speak at Council meetings and Operations Committee meetings . FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . Nothing for approval, as the Operations Committee meeting was cancelled. (OTHER BUSINESS - ITEM 7B) (ADDED OTHER BUSINESS ITEM 73) Tax Levy Ordinance. McFall noted that in the Mayor' s proposed budget, there was a property tax increase in collections of 2 . 61% which was modified by the Council to 2% . He stated that since that time, figures have been received from King County which would result in increased collections of greater than 2% . He explained that the ordinance clarifies that the guiding element for the County Assessor would be the 2% limit . He recommended adoption of the ordinance acknowledging the reduction. YINGLING MOVED to adopt Ordinance No. 3539 which amends Ordinance No. 3532 by reducing the amount levied in Ordinance No. 3532 by $55, 570 for a total regular levy of $19, 764, 357, thereby adjusting the regular property tax levy to the intended 2% increase for inflation as described by Referendum 47 . Epperly seconded. McFall noted for Mayor White that the rate is now 3 . 008 per $1000 of assessed value . The motion then carried with Amodt opposed. 7 Kent City Council Minutes January 2 , 2001 FINANCE (CONTINUED COMMUNICATIONS - ITEM 11B) Funding. Joe Rubio distributed copies of information regarding lawsuits and said that the Citizens for Common Cents, in conjunction with Kent Community Councils and the Kent Citizens Association, feel the Council should not fund both the Mayor and the Operations Officer, that only one or the other should be funded. REPORTS Operations Committee. Yingling noted that the next meeting will be on January 16 . Public Works. Clark noted that, due to the holiday, the committee will meet on January 8th and January 22nd, and that waste disposal contracts will be discussed on the 8th. Planning Committee. Brotherton noted that the meeting has been moved to January 8th at 4 : 00 p.m. , and that they will discuss urban separators and temporary structures . Parks Committee. Woods noted that the committee will next meet on January 9th at 4 : 00 p.m. Administrative Reports. McFall introduced and welcomed Deputy Chief Administrative Officer Mike Martin. McFall reminded Councilmembers of an executive session regarding potential litigation and noted that action is anticipated at the conclusion of the executive session. EXECUTIVE SESSION The meeting recessed to Executive Session at 8 : 21 p.m. and reconvened at 9 : 00 p.m. CLARK MOVED to authorize staff to notify the National Marine Fisheries Service and the United States Fish and Wildlife Service of the City' s intent to commence efforts to develop a Habitat Conservation Plan and corresponding National Environmental Protection Agency documents, for the purpose of securing an Incidental Take Permit under Section 10 of the Endangered Species Act for Kent ' s Clark Springs/Rock Creek municipal water 8 Kent City Council Minutes January 2, 2001 EXECUTIVE SESSION supply facilities and related water withdrawals; to this end, the Council also authorizes staff and legal counsel to retain all appropriate technical and legal assistance to advance this objective . Yingling seconded and the motion carried. ADJOURNMENT At 9 : 02 p.m. , ORR MOVED to adjourn. Woods seconded and the motion carried. <e ct�e G� Brenda Jaco , CMC City Clerk 9