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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/19/1994Kent, Washington April 19, 1994 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, Mann, 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, Finance Division Manager Miller and Government Affairs Division Manager Martin. Approximately 20 people were at the meeting. PUBLIC Volunteer Week. Mayor White read a pro - COMMUNICATIONS clamation noting that the City of Kent has volunteers working in numerous departments and offices and serving as members of various boards, commission and committees, and declared the week of April 18-24, 1994 as Volunteer Week in the City of Kent. Introduction of Mayor's Appointees. The Mayor introduced Linda Johnson and Russ Stringham, who are his appointees to the Transit Advisory Board. CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through G be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of April 5, 1994. WATER (CONSENT CALENDAR - ITEM 3E) Downtown Water and storm Drainage Improvements. AUTHORIZATION to accept as complete the con- tract with Robison Construction, Inc. for the Downtown Water & Storm Drainage Improvement project, and release of retainage after receipt of State releases, as recommended by the Public Works Committee. TRAFFIC (CONSENT CALENDAR - ITEM 3D) CONTROL SR167 - HOV Lanes - Agreement. AUTHORIZATION to execute agreements with the Washington State Dept. of Transportation, subject to some modi- fications by the Public Works Department and review and concurrence by the City Attorney, as recommended by the Public Works Committee. With the extension of the HOV lanes from 84th Ave. to W. Main Street, the State will be 1 April 19, 1994 TRAFFIC re -doing all the bridges thereon. As such, CONTROL certain City streets will be impacted with lane reconfigurations and detours, and portions of City trails will be detoured. RECYCLING (CONSENT CALENDAR - ITEM 3C) Coordinated Prevention Grant Agreement. AUTHORIZATION to execute an agreement with the Washington State Dept. of Ecology to receive a $72,052 grant for education and public involve- ment of our recycling efforts, as required in the King County Comprehensive Solid Waste Management Plan, and as recommended by the Public Works Committee. SOLID WASTE (OTHER BUSINESS - ITEM 4A) Residential Garbage Service Rates. In January, the City performed an audit to verify the hauler's claim for the necessity of a rate increase. The City also analyzed a claimed revenue loss attributed to instituting a re- cycling incentive garbage rate. The Public Works Committee recommended 2-1 that staff be directed to proceed with Option 2. Bennett asked why an auditor was not selected mutually by the vendor and the City, rather than using a staff auditor. McFall responded that the vendor and the City agreed to use the staff auditor in the interest of time. He also noted for Bennett that the cost involved was the normal cost of the salary and benefits of the auditor. Lubovich explained for Orr that the contract originally was drafted by Steve DiJulio, who had been representing the city, with input and review by City staff. MANN MOVED to direct staff to proceed with Option 2 with the stipulation of an added compensation increase. The motion died for lack of a second. MANN THEN MOVED to direct the staff to proceed with Option 2. Houser seconded. Orr noted that Option 1 has a smaller increase than Option 2, and that information in the packet hinted that since there was the threat of legal action, the City is being asked to accept a higher rate. She noted that if the audit if fair, as it appears 2 April 19, 1994 SOLID WASTE to be, the threat of a lawsuit is no way to address the issue. She said that an increase was requested less than six months from the date the contract was signed and that a more reasonable rate should have been established before signing the contract. She also voiced concern about increased dump fees. Lubovich explained that the contract was exe- cuted late in 1992, and that CPI increases have been provided for in the contract. He noted that Kent Disposal asked for an increase based on their understanding of the contract; he added that he interprets the contract dif- ferently. He listed the four areas which provide for increases in rates as follows: 1) Increase in dump fees -- there have been none. 2) Unusual costs such as changes in law -- Wickstrom has determined that there has been an impact due to change in law with re- cycling and consequently 3.26 was calculated and included in Option 1. 3) Consumer Price Index. 4) Other unusual costs that reflect justified increases in operating expenses not associated with other changes. Lubovich said that the audit determined that no other changes occurred since the inception of the contract which would justify an increase, pursuant to the terms of the contract. He opined that Option 1 reflects what the con- tract allows for changes, and noted that Kent Disposal disagrees. He noted that he does not know if litigation has been threatened, but that it is common to dispute a contract because of differing interpretations. He noted that the City has not been provided with any changes which would reflect allowed adjustments under the terms of the contract. He noted that a CPI increase has been factored in under Option 1, as well as the recycling impact. Orr spoke in favor of Option 1, and noted that there is a great deal of discrepancy between the City and the vendor as to the amount of the increase necessary. She said she cannot justify a larger increase than the auditor recommended, if the contract is sound. 3 April 19, 1994 SOLID WASTE Lubovich noted that there has been a concern as to how long Kent Disposal will stay in the contract if they are losing money, which is why looking at different rate adjustments was suggested. Clark noted that the Public Works Committee recommended Option 2 since it appears that Kent Disposal is losing money. Wickstrom explained that the existing contract does not expire until 2001, and that it is important to look at the long term effects. Noting that an increase was requested six months after signing the original contract, Orr questioned if there is any way to prevent requests for increases in the future. Wickstrom suggested rewriting a portion of the contract to clarify that issue, and reiterated that it is important to maintain good quality service throughout the 10 -year contract period, and to find a compromise that works for the City and is reasonable for the contractor. Lubovich noted that an addendum regarding rate increases could be done subject to satisfactory negotiations. MANN MOVED to amend his motion to incorporate the comments made by Lubovich. Houser seconded. Lubovich clarified that this would be a one-time adjustment. Upon Johnson's question, Lubovich clarified that the language which the City and the hauler have agreed to must be approved and adopted by Council. Bennett recommended that Administration con- sider the need for a person who could handle contracts and capital improvement projects, rather than having each department manage their own. Orr voiced concern about whether the garbage company is getting their best deal, and noted that she would have been more comfortable if an outside audit were done and if the contract were drafted better. The motion to direct staff to proceed with Option 2, and to adopt the rate schedule in Option 2 and authorize Administration to 4 April 19, 1994 SOLID WASTE negotiate an addendum which would incorporate Administration's the rate adjustment to satisfaction then carried with Bennett and Orr opposed. HOUSING & (PUBLIC HEARINGS - ITEM 2A) 1995 community Development Block Grant Program COMMUNITY DEVELOPMENT DEVELOPMENT Policies and Funding Level. This public hear- will consider the adoption of five action items for the 1995 CDBG Program, as recommended by the Planning Committee on March 15, 1994. The five items that need Council approval are to: 1) accept 1995 Pass -Through funds; 2) accept the $38,830 in 1993 recaptured funds for the 1995 program year; 3) allocate the maximum available to the City of Kent the 4for tePublic (Human) Services ($50,171);)the city's fair share maximum of 1995 Pass -Through funds to Planning and Administration ($42,336); and 5) approve the proposed 1995 local program policies. Betsy Czark of the Planning Department noted that the City is eligible to receive approxi- mately $393,000 in pass-through funds and will recapture approximately $39,000 from two projects in the 1993 program. She added that the Human Services Commission has approved these policies and the Planning Committee has recommended approval of all five action items. ORR MOVED for approval of the five action items for the 1995 CDBG Program, as recommended by the Planning Committee as follows: 1) accept 1995 Pass -Through funds; 2) accept the $38,830 in 1993 recaptured funds for the 1995 program year; 3) allocate the maximum available to the City of Kent for the Public (Human) Services ($50,171); 4) allocate the city's fair share maximum of 1995 Pass -Through funds to Planning and Administration ($42,336); and 5) approve the proposed 1995 local program policies. Houser seconded and the motion carried. FIRE (CONSENT CALENDAR - ITEM 3F) DEPARTMENT Emergency Generator - Station 74. APPROVAL for the contract related to the emergency generator at Station 74. 5 April 19, 1994 FIRE A contract was signed with VECA Electric for DEPARTMENT the purchase and installation of a standby emergency generator at Station 74. It is anticipated that the entire project will be completed within 2 months. The portion related to the VECA contract is complete. Council acceptance of the completion of VECA's contract will allow the City to contact the Department of Labor and Industries and the Department of Revenue for certification. Upon this certi- fication, retainage will be released. APPOINTMENTS (CONSENT CALENDAR - ITEM 3G) Transit Advisory Board. APPROVAL of the Mayor's appointment and reappointments to the Kent Transit Advisory Board. The Mayor has recently appointed Linda Johnson to serve as a member of the Kent Transit Advisory Board. Ms. Johnson is Executive Director of the Downtown Partnership, serves on the RJC Citizen's Advisory Committee and RJC Arts Committee and is active with the Kent Chamber of Commerce. She will replace Don McDaniel, who resigned, and her appointment will continue to 4/30/95. The Mayor has recently reappointed Claudia Otey and Russ Stringham to serve as members of the Kent Transit Advisory Board. Their new appointments will continue to 4/30/96. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Dates and figures are not available because the Operations Committee meeting scheduled for April 13, 1994, was cancelled. REPORTS Council President. Woods announced that she has been asked by County Executive Locke to serve on the Stadium Alternative Task Force. Operations Committee. Johnson noted that the committee will meet at 9:30 a.m. next Wednesday. P April 19, 1994 REPORTS Planning Committee. Orr noted that the Planning Committee will hold an extra meeting at 4:00 p.m. on May 3rd in the Centennial Building Conference Room. She added that they will hold their regular meeting on the third Tuesday as well. Public Safety Committee. Bennett asked the two other committee members to meet with him after tonight's meeting to establish a time to hear the curfew issue again. Administrative Reports. Woods asked that all Councilmembers receive complete Committee agenda packets in the future. McFall asked the Council to set May 10th as the date for a workshop on the Capital Facilities Plan. It was determined that several Council - members will not be available on that date, and it was agreed that Councilmembers would co- ordinate with the Mayor's Office to set a time compatible to all. Planning Director Harris pointed out this will go to the Planning Commission on June 29, so time is limited. EXECUTIVE At 7:40 the Mayor announced an executive SESSION session of approximately to minutes regarding litigation. ADJOURNMENT The meeting reconvened and adjourned at 7:55 p.m. Brenda J cobe , CMC City C1 rk 7