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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/18/1995 Kent, Washington July 18, 1995 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Johnson, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Human Resources Director Viseth, Finance Director Miller, and Parks Director Hodgson. Approximately 50 people were at the meeting. PUBLIC MASK Theatre Group. Greg Oberst, Trustee, COMMUNICATIONS 12201 SE 221st Street, outlined the history of the group and explained the preparation required before performances. He noted that advance planning is critical, and said they would like to use the Crystal Mountain Hall at Kent Commons this year and the following two years, early in the year and in the spring. He asked that the Council consider any funds not produced on dates that the MASK Theatre has the Crystal Mountain Hall as an investment in the cultural arts community. He noted that as the theatre group gains support in the community, they can give back by presenting workshops, benefit per- formances and so forth. JOHNSON MOVED that this proposal be referred to the Parks Committee. Orr seconded and the motion carried. Exchange Students. Arthur Martin introduced Ms. Shen Wei and Mr. Yang Guang, who are exchange students from Yangzhou, China, and Kent students Jennifer Castle and Jason Martin, who are hosting them. He noted that when the Chinese students return to Yangzhou in early August, Jennifer and Jason will accompany them and stay in their homes. Martin thanked Councilmember Clark for his help on this project. Clark noted that he had recently taken the four students to Mt. Rainier, and that he has asked that the Kent students write two articles for the local newspaper. He said that the visitors from Yangzhou will present a display representing the Chinese view of American values at the August 1st Council meeting. Introduction of Mayor's Appointees. Mayor White introduced Steve Babbitt, Steve Nuss, David McLean, Robert Brehm, Scott Manthey, and Bob Schneider, his appointees to the Bicycle Advisory Committee, Jason Hong, his appointee to the Human 1 July 18, 1995 PUBLIC Services Commission, and Sally Johnson, his COMMUNICATIONS appointee to the Drinking Driver Task Force. Graham Owners Club Week. Mayor White read a pro- clamation declaring July 25-30, 1995, as Graham Owners Club Week in the City of Kent. He noted that the Graham-Paige automobile enjoys inter- national esteem among antique car collectors, and that the Graham Owners Club International will host the 1995 Annual International Meet on July 25-30 at the Cypress Inn in Kent. He encouraged all citizens to welcome the Club and it's guests to our city. National Night Out. Mayor White noted that National Night Out 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 proclaimed August 1, 1995, as National Night Out in the City of Kent. He urged all citizens to join the Kent Police Department in supporting and participating in the 12th Annual National Night Out. The proclamation was presented to Police Officer Paul Peterson, who stated that it is very important for neighbors to watch out for neighbors. Regional Transit Authority Uvdate. Mayor White noted for the Council that he recently presented to the Regional Transit Authority a much scaled down version of the proposal which went to the voters in March. He explained that this is a $2 , 000, 000, 000 program financed by a sales tax increase and that it would include commuter rail from Tacoma to Everett, a portion of light rail from Seattle to the airport, and possibly some type of rail from Renton to Bellevue and that there is a regional bus element. He pointed out that each station does not have to include com- munity redevelopment. He noted that this will not be the only proposal, although there are no others at this time, and expressed the hope that action will be taken soon. He offered to furnish copies of the submittal to those who are interested. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR M be approved. Johnson seconded and the motion carried. 2 July 18, 1995 MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of July 5, HEALTH & (CONSENT CALENDAR - ITEM 3H) SANITATION Lexir ton Square. AUTHORIZATION to accept the bill of sale for Lexington Square submitted by Lakeridge Development, Inc. for 588 feet of water main, 919 feet of sanitary sewers, 590 feet of street improvements and 979 feet of storm seeas and release of bonds after expiration period, recommended by the Public Works Director. The project is located in the vicinity of 114th Avenue SE and SE 267th Street. WATER (BIDS - ITEM 5C) Rent Springs Transmission Main Repair. Bid opening for this project was held on Friday, June 30th with six bids received. Council delayed action on the award due to a bid protest by the second low bidder. A memorandum from the City Attorney denotes no change in his legal position. As such, the Public Works Director recommends that bidthis amountproject $be130a950a76o R. W. Scott for the BENNETT MOVED that the Kent Springs Transmission Main Repair project be awarded to R. W. Scott for the bid amount of $1, 130, 950.76. Orr seconded. Assistant City Attorney Brubaker noted that Councilmembers have received a brief from RCI and a memorandum from him on legal issues related to this bid protest. Richard Padden, representing RCI Construction, noted that the Councilmembers have copies of their submittal, and that it would be tempting n to go with the lower bid, as recommended by since it is $70, 000 lower than RCI' s bid. He said the question is why the Council should reject the bid of R. W. Scott based on the irregularity which relates to the failure to sign the non-collusion affidavit. He said the Council should and must reject the R. W. Scott bid and either award to Robison or rebid the project, which would eliminate any questions regarding irregularities. He said the R. W. Scott bid should be rejected because all bidders need to know that the City of Kent is serious about what 3 July 18 , 1995 WATER it puts into the bid documents. He said to do otherwise would send a poor message to all bidders and to the public. He stated that the affidavit which was not signed is an important document, and that if it were a subcontractor's list or some other form relating to something minor that did not get signed, they would not be here tonight. He noted that the affidavit states that the bidder did not in any way talk with any other bidders, which is prohibited in order to assure a fair bid. He also said he feels the city requires this form to be notarized because it is such an important document, and noted that this form is the only one which requires a notary. He said this document tells everyone that they will pay the prevailing wage, that they did not collude with anyone, that they did not violate any bidding statutes, and that is why it must be signed and notarized. He said that the bid documents clearly state that if the document is not signed, the bid will be rejected. He added that the word "shall" is used on the exhi- bit, the bidder checklist. He said that other bidders may feel that they do not need to sign the affidavit, because it did not matter with R. W. Scott. He pointed out that counsel for the city indicated at the last meeting that the intent was there. Padden said the notary was defective, it should never have been signed, and it shows a lack of respect for the notary process and seal, since there is no seal and it would appear that it was signed without a date. He said they have not filed a court action to subpoena them or find out who the person is, but that it was not sealed like the Robison bid with a proper notarization. He pointed out that the city's contract incorporates the 1994 Standard Specifications which the State of Washington has promulgated which clearly states that failure to sign a non-collusion affidavit is grounds for rejection. He concluded that if the city deter- mines that this is a minor irregularity, it will be making a big mistake and will send a very wrong message to all bidders. He noted that his client prepared his bid in accordance with bid specifications, that R. W. Scott did not, and that that affidavit could not be enforced since no one can be forced to sign an affidavit if they don't want to or if it is not true. He thanked 4 July 18 , 1995 WATER the Council for their consideration and expressed regret that it had to come to this. Assistant City Attorney Brubaker said there is an irregularity in the bid submitted by R. W. Scott in that there was a failure to sign the combined affidavit, which is a non-collusion affidavit and a statement regarding paying prevailing wage rates, as well as other items. He noted that the contract specs state: "therefore by signing the proposal, the bidder will be deemed to have signed and agreed to the requirements of the non- collusion declaration" and that R. W. Scott did sign the bid proposal. Brubaker explained that this is true of other points in the specs and that many items addressed in the combined affi- davit are also addressed elsewhere in the bid documents, and that a strong argument can be made that R. W. Scott is bound to those items by virtue of other contract specs whether or not he signs that affidavit. He said he feels that it does not matter that the City states that the document must be signed, because the City re- serves the right to waive irregularities in the bid documents as long as they are immaterial. He said that, based on case law, he feels it is an immateriality and it is okay to approve the bid to R. W. Scott. He noted that he had found three cases in State law that involve an omission to o just a sign the actual bid, as opposed t porting affidavit, and that two of those cases upheld the City' s determination to waive the failure to sign the bid as an irregularity, and one upheld the City' s determination that it was material. He said the more recent cases sup- ported the City' s determination that it was an immaterial omission. He noted that he cannot guarantee the outcome if this were to go to court, but based on his review of the case law, he feels this is an immaterial omission and that the City' s primary obligation is to get the best, lowest bid to get the work done and use the Mayor' s taxpayer's money expeditiously. Upon question, Brubaker stated that a letter fromhas R. W. Scott Company, signed by R. W. Scott, been received, along with the document signed by them, and a statement indicating that it was an omission on their part and that they did not intend not to be bound by that affidavit. He said that letter would not carry much weight in 5 July 18, 1995 WATER court, since the court would look at the time the bids were opened, and whether that omission at that time created a benefit for R. W. Scott Construction which was not available to the other bidders. Woods stated that the Council has been troubled by how the process had been presented, and pointed out that none of them are attorneys. She said there has been a good deal of confusion and that they deferred because they felt it was in the best interest of the citizens of Kent and they wanted to be sure they made a considered decision when the time came. She said they are still troubled, but that she has been assured that this is the right decision to make at this time. She expressed hope that they are never again confronted with this kind of confusion on a bid opening, or that it comes to Council with the timing that it did. Johnson said the question is whether the amount of the bid would have been affected, and he feels the answer is no. He pointed out that both contractors submitted a bid which they felt was a fair price, and that R. W. Scott happened to be the low bidder and should be awarded the bid. He said if the situation had been reversed, he felt the bid would be awarded to RCI rather than R. W. Scott. He noted nd that ere is both contractors do very good no reason to deny the bid to R. W. Scott. Mark Robison, President and CEO for RCI Construction Group, expressed appreciation for the opportunity for him and his counsel to speak tonight. He noted that he started his business in Kent in 1978, and that they have done over $18, 000, 000 in work for the City of Kent over the past fifteen years. He pointed out that they have never protested a bid in the City of Kent nor have any of their low bids ever been pro- tested. He said the reason for this is that they were always treated fairly and equally. stated that what the Council is now considering is random approval of a mistake, and that the City will set itself up for bidders on future projects to be able to leave things out and sign things later. He said that if they were the low bidder and had not signed that job, they would not be at the Council meeting tonight asking for the project. He said Kent' s credibility will be 6 July 18, 1995 WATER ruined, and that the City will see situations like this again. He pointed out that there was an original low bidder and the City of Kent rejected that bid on what he feels is a very small in- formality, and yet they propose to award to R. W. Scott who made a major informality. He said the only absolutely fair way to keep credibility with bidders and to obtain the best, lowest possible price to the taxpayers is either to award to RCI or to rebid the project. Bennett's motion then carried, with Houser opposed. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3G) Miscellaneous Project Funding. AUTHORIZATION to establish a signal cabinet replacement project fund in the amount of $20, 000 and the trans- ferring of funds thereto, as well as to the Frager Road Guardrail project fund in the amount of $7 , 200 and further, as well as to the Central Ave. and Pioneer St. Pedestrian Signal fund from the 259th St. & Central Avenue Signal project fund (R3M $10, 136 remaining) , the Green River Bridge at Central Avenue Project fund (R96 $18,729 remaining) and the Frager Road & 212th St. Channelization project fund (R50 $1, 335 remaining) , as recommended by the Public Works Committee. PLAT (CONSENT CALENDAR - ITEM 3K) South Bend Final Plat #FSU-94-8. AUTHORION to set August 1, 1995 as the date for a public meeting to consider a final plat application by Joe Singh of Pacific Industries, Inc. Then preliminary subdivision was approved by g County and upon the East Hill/Ramstead annexation, the final plat fell under Kent' s jurisdiction. This plat is 4 . 77 acres in size, consists of 13 lots, and is located at S.E. 270th Street and 116th Avenue S.E. (northeast corner) . ANNEXATION (OTHER BUSINESS - ITEM 4B) ZONING Beck Annexation Initial Zonin AZ-95-2. Two public hearings have been held on the Beck Annexation initial zoning. The Planning Commission recommended approval of Zoning Alternative No. 3 , as amended. 7 July 18, 1995 ANNEXATION ORR MOVED to modify the Planning Commission's ZONING recommendation of approval of the Beck Annexation Area Initial Zoning Designation as outlined on the map on display which shows the previously recommended R1-7 . 2 changed to R1-9. 6, the south- western corner remaining R1-12 , the previously recommended R1-7 .2 changed to R1-9. 6, and the westerly side of the line that is drawn down the center of the map remaining R1-20 on the top two portions, and the southwest corner remaining R1-12 . Houser seconded. Orr explained that the Planning Commission had recommended that the entire left side be R1-20, and she is asking that the southwesterly corner be returned to R1-12 which was the Planning staff' s original recommendation. She voiced concern about the street and about any building taking place there. She noted that 94th cannot be widened without damage to existing structures, and that there is no room for children to walk to school. She said it is unrealistic to anticipate that six units could be built even if it were zoned at R1-7 . 2 , and that the only way that could happen is if a clustering ordinance were to be adopted. She said if the existing density were to be allowed using a clustering ordinance, the lots would be even smaller than R1-7 .2 , which would change the character of the neighborhood. She said this is the best alternative unless or until the street is improved. JOHNSON MADE A SUBSTITUTE MOTION to zone the entire Beck Annexation R1-12 . Orr seconded for discussion. Johnson explained that under Orr' s proposal there would be three different zoning designations. He said that if the entire area were zoned R1-12 , the areas zoned R1-20 in Orr's proposal would be more dense and the areas zoned R1-9 . 6 would be less dense. He noted that the existing land use is primarily on larger lots, and that the area would be best served by designating it as R1-12 . Clark voiced concern about traffic patterns and the slopes in the area. He said he cannot agree with Johnson' s proposal, as it is incongruous with what people have been expecting from the way it was ori- ginally zoned. Orr stated that she also cannot support Johnson' s proposal, since going from the recommended R1-7 . 2 to R1-12 would be excessive 8 July 18, 1995 ANNEXATION for the entire area. She said she suggested ZONING R1-9. 6 because it would result in a little less development, which would provide a little more relief for the street, and may provide a little more safety. She said she suggested R1-12 based on the staff report, on the studies on the slopes, and on the development possibilities. She opined that having different size lots is not a problem, and noted that is how development has occurred there. The substitute motion then failed with only Johnson in favor. Planning Manager Satterstrom suggested that the map on display be referred to as an exhibit, so that there are no misunderstandings as to the boundaries when the ordinance is drafted. Orr agreed to INCLUDE THE EXHIBIT IN HER MOTION. She then explained that her motion is to modify the Planning Commission's recommendation of approval of the Beck Annexation Area Initial Zoning Designation as amended, to the recommendation of the map that is currently on view, that the sections labeled R1-7 . 2 be changed to R1-9 . 6 and, as shown on the map, there are two sections that are designated as R1-20, one in the northwest corner and one in the center on the west, and that the southwestern corner as shown on the map stay at R1-12, which is a change from R1-20 of the Planning Commission's recommendation. Upon the City Attorney' s question, Orr clarified that R1-12 would be only on the lower southwest por- tion, and that the northwest portion as it shows on the map would remain R1-20, the section in the center which is labeled R1-20 would stay R1-20, and the lower section in the southwestern corner as shown on the map would remain R1-12 . The motion then carried. ORR THEN MOVED that the City Attorney be directed to prepare the necessary ordinance. Woods seconded and the motion carried. FRANCHISE (OTHER BUSINESS - ITEM 4C) Metricom Franchise. At the direction of the City Council on July 5th, the Metricom Franchise Ordinance was sent back to the Public Works Committee for further discussion and direction. The Public Works Committee recommended that, upon the City Attorney' s concurrence with the franchise language, this date be set for the 9 July 18, 1995 FRANCHISE second reading and adoption of the Metricom Franchise Ordinance. Assistant City Attorney Brubaker stated that the Public Works Committee requested that a franchise fee be obtained, that the franchise not be trans- ferable, and that there would be an opportunity to renegotiate the franchise fee at the end of the five year term. He indicated that Metricom has agreed to all of those conditions, and noted that the franchise fee would be 4% per year. He clarified for Bennett that the fee is charged only to those whose subscription base operates from within the corporate boundaries of the City. CLARK MOVED that the Metricom Franchise Ordinance No. 3238 be adopted. Houser seconded. Clark noted that this is an attempt to make information available to the citizens of Kent. He explained that an electronic devise would be attached to city light poles and that, with the accompanying device, citizens could use their laptop computers from various locations. He said this not only provides opportunities for citizens, but brings revenue into the City. The City Attorney noted that his office has concurred with the franchise language. The motion then carried. PRIVATE (OTHER BUSINESS - ITEM 4D) PROPERTY Referendum 48 . The proposed resolution supports REGULATORY the placement of Referendum 48 on the November FAIRNESS ACT general election ballot to put before the voters the issue of Initiative 164 , the "Private Property Regulatory Fairness Act" . Having Referendum 48 on the ballot would provide the citizens of Kent an opportunity to become fully informed of the effects of implementing Initiative 164, as well as the opportunity to vote on the measure. Initiative 164 was dis- cussed at the Council Workshop prior to this meeting. City Attorney Lubovich noted that the Council is allowed to take a position on a ballot proposi- tion under State statute, but that public comment must be allowed. There were no comments from the audience. ORR MOVED to adopt Resolution No. 1438 supporting the placement of Referendum 48 on the November general election ballot. Houser seconded. Upon 10 July 18, 1995 PRIVATE a roll call vote, the motion carried with Bennett PROPERTY opposed. Clark explained that this action indi- REGULATORY cates that the Council supports the idea of FAIRNESS ACT Referendum 48 being put before the people. He stated that Initiative 164 is a damaging piece of legislation, and that citizens need to understand how much is at risk. He explained that the intent of the initiative is to require compensa- tion if the actions of government are damaging to property owners, rights, and that it states that there is too much government regulation. He noted that an economic impact statement would be required if government tries to restrict any use of land, and that the government entity would have to justify their decision. He pointed out that if a citizen sues because his property rights have been restricted and the city loses, they must use tax dollars to pay, and that would result in higher tax bills. (OTHER BUSINESS - ITEM 4E) Initiative 164. A proposed emergency ordinance for the purpose of implementing the provisions of Initiative 164, the "Private Property Regulatory Fairness Act" has been prepared. This Act takes effect on July 23 , 1995, unless enough signatures are gathered on Referendum 48 which would place the issue of Initiative 164 on the November general election ballot. In order to comply with the provisions of Initiative 164 , should it become effective on July 23 , certain adminis- trative policies need to be established. The purpose of this ordinance is to establish such policies. One plus a majority of Councilmembers (5) must vote for this ordinance in order to adopt it. The City Attorney noted that this had been dis- cussed in detail at the workshop prior to this meeting. He pointed out that the Act is silent on several issues, and that there are varying interpretations. He said the proposed ordinance attempts to establish guidelines and a procedure for processing the applications and appeals of the Economic Impact Analysis which is required under the initiative, as well as the takeage requirement. He made minor changes to Sections 12 . 02 . 060.A and B. Clark noted that a small size EIA would cost approximately $2, 450, a moderate size EIA would cost approximately $6,800, and a 11 July 18, 1995 PRIVATE large size EIA would cost approximately $34 , 500, PROPERTY and that that cost would go to city government. REGULATORY Upon Clark' s question, Lubovich stated that an FAIRNESS ACT analysis has not been done. ORR MOVED to adopt Ordinance No. 3239 imple- menting the provisions of Initiative 164 as amended by the City Attorney. Woods seconded. Bennett noted that the Council had just received the ordinance, and agreed that the initiative would add another layer of bureaucracy. Johnson offered an AMENDMENT TO THE MOTION that the provisions of the ordinance be reviewed annually so that citizens have an opportunity offer suggestions. Orr and ° agreed that the amendment. Lubovich pointed on the effective ordinance is effective only date of Initiative 164, and thin if Referendum 48 gathers enough signatures to p before the voters in November, it will not be effective until it is approved and certified. He noted that the ordinance may not be in effect at all. Upon a roll call vote, the motion as amended carried with Bennett opposed. PARKS & (CONSENT CALENDAR - ITEM 3E) RECREATION Public Participation Art Protect. AUTHORIZATION to appoint Carolyn Law as the artist for the Kent Public Participation Art Project. On June 27 , 1995, the Kent Arts Commission chose artist Carolyn Law to work with the public through open workshops on the creation of rams, individual art elements (photographs, p g text, etc. ) . This art will ultimately be used by the artist on her own larger work that will be placed along the Green River Trail. FIRE (BIDS - ITEM 5B) DEPARTMENT Fire ratu Appas. Bids were let for two fire engines and an aerial ladder to replace apparatus in accordance with the Apparatus Equipment Replacement Program. One bid was received in the amount of $1, 096, 395. 00. The bid was unaccep- table with respect to cost. The Fire Chief recommends rejection of the bid, making some modifications, and letting the bids separately 12 July 18 , 1995 FIRE for the fire engines and aerial ladder. BENNETT DEPARTMENT MOVED that the bid for the fire apparatus be rejected and not for rebid. Houser seconded htmuandr_ author- ized to g the motion carried. HUMAN RESOURCES (CONSENT CALENDAR - ITEM 31) Cashierin Business License Position. AUTHORI- ZATION to approve one full time and one regular pare_ ecustomer service Businessposition Licensefor ande "OnSto P" Centennial Receipting Center, as recommended by th1995 Operations Committee at their July 12 , meeting, and authorization for a corresponding from budget change of $34 , 647 with $15, 000 coming and additional General Fund Revenue n r, 6 o from 7 Utility Funds. This request has ubliceWorksandnthe by Administration, Planning, lic the plan to State Auditor's Office, who support move these responsibilities into the Finance Department. (CONSENT CALENDAR - ITEM 3J) veluntary Retirement Incentive Program. APPROVAL to implement the Voluntary Retirement Incentive Program for 1995-96, as recommended by the Operations Committee. The Voluntary Retirement Incentive Program pro- vides a temporary window of opportunity for eligible employees to retire from the City while providing them additional financial security. The purpose of the program is to recognize and reward the dedication, loyalty an service of long-term employees, while providing savings to the City. APPOINTMENTS (CONSENT CALENDAR - ITEM 3F) Bicycle Advisory Committee. CONFIRMATION of the Mayor' s reappointment of Steve Babbitt, Steve Nuss, and David McLean to continue serving as members of the Kent Bicycle Advisory Board. Mr. Babbi96 and sd Mr. McLean's terms will continue to 12/312/31/ Mr. Nuss' term will continue to 12/31/95. CONFIRMATION of the Mayor' s appointment of Robert Brehm, Scott Manthey, and Bob Schneider as new members of the Kent Bicycle Advisory Board. All three are avid bicyclists and have indicated an 13 July 18, 1995 APPOINTMENTS interest in serving on the Board. Mr. Brehm will replace Mark Davis, who resigned, and his ap- pointment will continue to 12/31/96. Mr. Manthey will replace Monte Smithson, and his term will continue to 12/31/95. Mr. Schneider will replace Steve Knight and his new term will continue to 12/31/96. (CONSENT CALENDAR - ITEM 3L) Human services Commission. CONFIRMATION of the Mayor' s appointment of Jason Hong to serve as a member of the Kent Human Services Commission. Mr. Hong works in the retail grocery business and is active in the Korean/American Chamber of Commerce of Seattle. He will replace Marijean Heutmaker, who resigned, and his term will con- tinue to 1/1/98. (CONSENT CALENDAR - ITEM 3M) Drinking Driver Task Force. CONFIRMATION of the Mayor's appointment of Sally Johnson to serve as a member of the Kent Drinking Driver Task Force. Ms. Johnson previously served on the Task Force and served an internship through Green River Community College at Seattle International Raceway where she initiated a Drinking Driver Awareness Program. She has also served as Saturday Market Coordinator and as a member of the Kent Chamber of Commerce Board of Directors. Ms. Johnson' s appointment will become effective immediately and will continue to 1/1/97. MAINTENANCE (BIDS - ITEM 5A) Kent Commons Air Conditioning. On July 12, 1995, the Operations Committee recommended awarding the Kent Commons Air Conditioning bid to Design Air Limited, the low bidder, in the amount of $302, 010. 01. Three bids were received and are within the existing budget with two alternates included. JOHNSON MOVED that the bid for Kent Commons Air Conditioning be awarded to Design Air Limited in the amount of $302 , 010. 01. Bennett seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through June 30 and paid on June 30, 1995 after auditing by the Operations Committee on July 12 , 1995 . 14 July 18, 1995 FINANCE APRroval of checks issued for vouchers: Date Check Numbers Amount 6/30/95 156741-157311 $1,822, 295. 27 Approval of checks issued for payroll for June 16 through June 30, 1995 and paid on July 5, 1995: Date Check Numbers Amount 7/5/95 Checks 204312-204703 $ 268,537. 06 Advices 25524-25919 485 , 525 .95 $ 754 , 063 . 01 (CONSENT CALENDAR - ITEM 3D) 1996 2001 Capital Improvement Plan. AUTHORIZATION to set August 1, 1995, as the date for a public hearing on the 1996-2001 Capital Improvement Plan. The Capital Improvement Plan includes the Capital Expenditures for the next six years and will be the Capital Facility portion of the City' s Comprehensive Plan. This Plan must be amended each year by September 1st. Public input is encouraged as the City finalizes the 1996-2001 Capital Facility Plan. BUDGET (CONSENT CALENDAR - ITEM 3C) 1996 Budget. AUTHORIZATION to set August 1, 1995, as the date for the first public hearing on the 1996 budget. The final public hearing will be held on November 7, 1995, in anticipation of a November adoption of the budget. Public input is desirable and welcomed as the City begins to prepare for the 1996 budget. SATURDAY (OTHER BUSINESS - ITEM 4A) MARKET Kent Saturday Market Facility Acquisition and Budget Change. Authorization has been requested for the Mayor to finalize acquisition of the property commonly known as 212 Railroad Avenue North for use as a facility for the Saturday Market, and to negotiate lease and operating agreements with the Kent Downtown Partnership for presentation to the Council for approval. (EXECUTIVE The City Attorney noted that the City has nego- SESSION) tiated a tentative agreement with the property owners, initial studies have been done, and there are issues dealing with the acquisition of pro- perty which should be discussed in executive 15 July 18 , 1995 (EXECUTIVE session. He anticipated that it would take SESSION) approximately 15 minutes. The meeting recessed to executive session at 8 : 15 p.m. SATURDAY The meeting reconvened at 8 : 35 p.m. The City MARKET Attorney noted that the City has done an environ- mental review and will do further testing of the subsurface water. JOHNSON MOVED to authorize the Mayor to finalize the acquisition of the property commonly known as 212 Railroad Avenue North for the purpose of establishing a facility for the Saturday Market subject to Council's approval of the appropriate interfund loan for the purchase; further that the Mayor shall negotiate appropri- ate agreements with the Kent Downtown Partnership for the operation of the Kent Saturday Market and of the market facility which shall be presented to the Council for approval; this is contingent up favorable results of the environmental study of the project; additionally, a budget change is authorized budgeting the projected shortfall of the debt service to be paid from the CIP for the first three years. Woods seconded. Lubovich clarified that the environmental study is the one that is recommended in the current environment report the City has received. Finance Director Miller noted that funding is proposed to come from an interfund loan from the Equipment Rental Fund in the amount of $600, 000 to the Capital Improvement Fund. The City Attorney stated that the study may not be done in time for closing. The motion carried. JOHNSON MOVED for the adoption of Resolution No. 1439 authorizing an interfund loan for the purchase and improvements of the Saturday Market facility. Woods seconded. Johnson noted that Section 2 of the resolution states that the CIP Fund shall borrow $600, 000 from the Equipment Rental Fund for fifteen years. The motion then carried. REPORTS Operation Committee. Johnson announced that the Committee will meet at 9: 30 a.m. next Wednesday. Planning Committee. Orr noted that speakers from the Regional Options for Affordable Housing in South King County attended the Planning Committee meeting today, and that they invited interested Councilmembers to attend a housing workshop at 16 July 18, 1995 REPORTS Federal Way's Visitation Center from 5: 00 p.m. to 8: 00 p.m. Wednesday, August 23rd, to discuss affordable housing options. ADJOURNMENT The meeting adjourned at 8:40 p.m. i Brenda Jacob , CMC City Clerk 17