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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/20/1993 Kent, Washington April 20, 1993 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Pro Tem Woods. Present: Mayor Kelleher, Councilmembers Bennett, Houser, Johnson, Mann, Orr, White and Woods, Chief Administrative Officer McCarthy, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Information Services Director Spang, Acting Finance Director Miller, and Parks Director Wilson. Approximately 100 people were in attendance. PUBLIC Volunteer Week. Mayor Pro Tem Woods read a COMMUNICATIONS proclamation declaring the week of April 19-25, 1993 , as Volunteer Week in the City of Kent. She noted that the City of Kent has volunteers working in numerous departments and offices, staffing the City' s information center, and the Drinking Driver Task Force, as well as serving as members of various boards, commissions and committees, and that volunteer involvement in City programs pro- duces enriched and more effective services and an informed citizenry. The proclamation was pre- sented to the City Clerk. Earthquake Awareness Week. A proclamation was read by Mayor Pro Tem Woods proclaiming the Week of April 18-24 , 1993 as Earthquake Awareness Week. Woods noted that the City of Kent is highly sus- ceptible to earthquakes which can cause serious damage, injuries and death, and that these losses can be greatly reduced if people prepare for earthquakes and take protective measures during and immediately following an earthquake. She urged all citizens to learn more about how to prepare for this hazard, and presented the procla- mation to Assistant Fire Chief Berg. Greater Puget Sound Safe Boating Week. The Mayor Pro Tem presented a proclamation to Chief Warrant Officer Don Knesbeck of the U. S. Coast Guard, declaring the week of April 25-May 1, 1993 , as Greater Puget Sound Safe Boating Week. Woods pointed out that the spring months are the most dangerous time of the year for boating and that many lives can be saved by distributing safe boat- ing information to the public, and urged all to become aware of the potential hazards of boating, especially during the spring months. 1 April 20, 1993 CONSENT WHITE MOVED that Consent Calendar Items A through CALENDAR M be approved. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of the Minutes. Approval of the minutes of the regular Council meeting of April 6, 1993 . HEALTH & (CONSENT CALENDAR - ITEM 3L) SANITATION Kent School Administration Remodel (Amendment to Bill of Sale) . AUTHORIZATION to delete acceptance of that portion of the bill of sale denoting 2 , 620 lineal feet of storm sewer, as recommended by the Public Works Committee. The location of this storm line lies within King County jurisdiction. WATER (BIDS - ITEM 5A) Miscellaneous Watermain Rebuilds. The bid opening was held on April 2nd and nine bids were received. The low bid was submitted by Briggs Construction in the amount of $281, 200. 99 . The Public Works Committee has recommended this bid be accepted, subject to receipt of references. WHITE SO MOVED, Woods seconded and the motion carried. Kent Springs Transmission Main. Charlie Kiefer noted that work has been done near his residence and asked when clean-up will take place. Wickstrom explained that there is still restoration work to be done and that he will contact the contractor and report to Kiefer. STREETS (CONSENT CALENDAR - ITEM 3G) Plant & Garden Show Ordinance. ADOPTION of Ordinance No. 3102 authorizing issuance of a street occupation permit to Kent Downtown Inc. , for a public event, and closing certain streets in conjunction with said permit, as recommended by the Public Works Committee. TRAFFIC CONTROL (CONSENT CALENDAR - ITEM 3F) Parking Policy Review. AUTHORIZATION for the Mayor to sign the City/County Agreement for the review of the City' s Parking Policy/Requirements with respect to the objectives of the Commute Trip Reduction law and the acceptance of a $20, 000 2 April 20, 1993 TRAFFIC CONTROL grant for same, including the establishment of its budget, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3I) 196th/200th Street Interagency Agreement. AUTHORIZATION for the Mayor to sign an Interagency Agreement with King County on the 196th/200th Street Corridor project, as recommended by the Public Works Committee. Each year an updated City/County agreement is required. This year' s agreement authorizes the City to spend the County's allocated $2 , 080, 000 for this project. (OTHER BUSINESS - ITEM 4I) (ADDED BY COUNCILMEMBER WHITE) City Transit Board Appointments. WHITE MOVED to confirm the Mayor ' s appointments to the City Transit Advisory Board as follows: Appointed to serve two year terms as set forth in the Resolution: Randy Judkins Don McDaniel Michael Skehan Robert Whalen Frank Wiemes Appointed to serve one year terms as set forth in the Resolution: Jennifer Looney Richard Loran Claudia Otey Gordon Parke Jim White Woods seconded and the motion carried. COMMUNITY (PUBLIC HEARING - ITEM 2A) DEVELOPMENT 1994 Community Development Block Grant (CDBG) BLOCK GRANT Local Program Policies and Funding Level. The purpose of this public hearing is to consider the adoption of four action items for the 1994 CDBG program, as recommended by the Planning Committee on April 6, 1993 . The four items that need Council approval are: (1) acceptance of 1994 CDBG pass-through funds (estimated at $359, 845) ; (2) allocation of $48 , 952 to public (human) services; 3 April 20, 1993 COMMUNITY (3) allocation of $31, 011 to Planning and Adminis- DEVELOPMENT tration; and (4) adoption of the 1994 CDBG Local BLOCK GRANT Program Policies. Lin Ball informed the Council that the City qualifies to receive pass-through funds for the 1994 program, and that the estimate is approxi- mately $72 , 000 more than it was for 1993 . She explained the four actions that must be taken, and noted that the Human Services Commission reviewed the human services portion and recommends approval. WOODS declared the public hearing open. There were no comments from the audience and WHITE MOVED to close the hearing. Orr seconded and the motion carried. ORR THEN MOVED to approve the four action items for the 1994 CDBG Program, as follows: (1) acceptance of 1994 CDBG pass-through funds (estimated at $359, 845) ; (2) allocation of $48, 952 to public (human) services; (3) allocation of $31, 011 to Planning and Administration; and (4) adoption of the 1994 CDBG Local Program Policies. Johnson seconded and the motion carried. REZONE (CONSENT CALENDAR - ITEM 3C) Venture 84 Rezone (RZ-92-3) . ADOPTION of Ordinance No. 3100 relating to the Venture 84 Rezone, as approved by the City Council on April 6 , 1993 . PERMIT CENTER (OTHER BUSINESS - ITEM 4G) Permit Process Direction. As discussed at the Council/Department Head retreat on April 12 , 1993 , this item will consider action to delay establish- ment of one organization for permit processing, pursuant to Resolution No. 1348 adopted by City Council at its March 16 meeting, pending con- sideration of input from a meeting to be scheduled by the City Council with local developers, depart- ment heads, representatives of the Chamber of Commerce and other interested parties. ORR MOVED to delay establishment of one organi- zation for permit processing, pending the outcome of a meeting to be held on April 26 at 7 : 30 p.m. , in the Council Chambers, with Councilmembers, Mayor Kelleher, Administration, Department Heads, 4 April 20, 1993 PERMIT CENTER representatives of the Chamber of Commerce, local developers and other interested parties. White seconded and the motion carried. CRITICAL AREAS (OTHER BUSINESS - ITEM 4E) Critical Areas Draft Ordinance Proposal. This item will consider the Planning Commission' s recommendation on the proposed wetlands ordinance and critical areas amendments to the Comprehensive Plan. On March 8 , 1993 , the Planning Commission voted to forward two Alternative Wetlands ordi- nances to the City Council: Alternative A which was the Commission' s original recommendation (September 1992) , and Alternative B which is the revised recommendation based on a citizen' s advi- sory committee proposal (March 1993) . Critical area regulations are required by the 1990 Growth Management Act, and are considered "interim" until the City of Kent adopts a new Comprehensive Plan which is consistent with the State act. Fred Satterstrom, Planning Manager, noted that in addition to Alternatives A and B, there is a recommendation from the Environmental Task Force which supports Alternative B with some modifi- cations. He noted that although A and B are similar in many ways, there are some significant differences: Wetland Permit - Alternative A requires a separate permit for development on sites which involve wetlands. Alternative B does not; this alternative integrates wetland activities into the normal SEPA/development permit process. Building setback line - Alternative B requires a 15-foot building setback from the wetland buffer zone. Alternative A does not. Avoiding wetland impacts - Alternative B is somewhat more permissive in allowing filling of Class 2 and 3 wetlands, allowing up to 10, 000 sq. ft. of wetland to be filled if mitigated. 5 April 20, 1993 CRITICAL AREAS Single family residences/filling of wetlands - Alternative B allows up to 2000 sq. ft. of wetlands to be filled in order to construct a single family residence, if mitigated and/or a fee in lieu of mitigation is provided. Wetland mitigation - Alternative B allows certain wetlands to be filled, requires mitigation for this filling activity, but does not specify how mitigation is to occur. Alternative A is more explicit as to how mitigation is to occur. Unique and Fragile areas - Kent ' s unique and fragile areas are designated as Class 1 wetlands under Alternative B. Under Alternative A, such areas are classified as "wetlands of outstanding significance. " Appeals - Under Alternative B, the wetland delineation decision may be appealed to the Hearing Examiner; no such appeal is specified in Alternative A. Satterstrom explained that when Council sent this item back to the Planning Commission, a citizen's subcommittee was created to make a recommendation to the Commission. He noted that they met inten- sively for over two months, that the Commission held two workshops and two more public hearings, and Alternative B was the result. He noted that Alternative B contains some of the revised recom- mendations from the subcommittee. He stated that staff and the Environmental Task Force both suggest putting Sections 16D and 16E back in the ordinance. He also suggested two changes to the Comprehensive Plan regarding aquifer recharge areas and geologically hazardous areas, since they are part of the package on critical areas. He noted that the Planning Department has discussed with the Public Works Department the possibility of Public Works taking over the administration of the wetlands ordinance when adopted. He explained that the Public Works Department has a water quality section with staff experienced in wetlands matters, and they have a dedicated funding source. 6 April 20, 1993 CRITICAL AREAS He requested that the Council consider changing the administering department from Planning to Public Works where appropriate. Ed Heineman, Vice-Chair of the Planning Commission and Chair of the citizen' s committee, noted that two members of the subcommittee had a background in biological education and professional work, and in addition, biological consultants were provided by the City of Kent. He said the subcommittee completed a draft which the Planning Commission approved with a few minor changes. He explained that they presented two versions of Section 12 to the Planning Commission. He said he feels Alternative B is the best balanced and fairest approach to this complex problem. ORR MOVED to accept the Planning Commission's wetlands ordinance Alternative B, with the follow- ing modifications: 1) re-instate Section 16D and 16E, in their entirety, as recommended by the citizens subcommittee, and 2) change the admin- istering department from the Planning Department to the Public Works Department, where appropriate; and to approve the proposed critical areas policy amendments to the City of Kent Comprehensive Plan, and to direct the City Attorney to prepare the necessary ordinance and/or resolution. Woods seconded. Michael P. Williams, 4903 Burke Avenue North, Seattle, a professional biologist, noted that wetlands are tightly linked with clean water, and that clean water is a very costly resource. He stated that Alternative B does not provide the protection for wetlands that are claimed by the Planning Commission. He added that Alternative A was prepared at a great cost to the taxpayers, over a period of eight months, and is a very workable solution. He said that Alternative B is not satisfactory, is poorly designed, and was put together with a tremendous amount of bias on the part of the pro-growth community. He warned the Council to protect what we still have. White asked whether the amount of fill in Alternative B is comparable to other jurisdictions. Satterstrom responded that the original recommendation from 7 April 20, 1993 CRITICAL AREAS staff was to use the 1989 Federal Manual and that the Planning Commission decided to the use the 1987 Manual, which is important because most of the other jurisdictions in the county use the 1989 Manual and there are more wetlands under the 1989 Manual than under the 1987 Manual. He added that both Alternatives A and B use the 1987 Manual, therefore, less area in Kent will come under the jurisdiction of wetlands regulations. Satterstrom said he believes both alternatives, B more than A, allow a greater amount of filling than in other jurisdictions. He clarified that the Corps of Engineers leaves the decision up to the local jurisdictions, but a permit is required if over a certain threshold. A gentleman from the audience said that he had provided the Planning Commission with information he thought would be helpful, and spoke in support of Alternative B. Paul Crane, landscape architect and member of the subcom- mittee, stated that there was no shirking of any scientific data and the U. S. Fish & Wildlife Service, the U.S. Army Corps of Engineers, the U. S. Environmental Protection Agency and the National Marine Fisheries all recognize the 1987 Manual, and that under a Corps of Engineers permit you are allowed to fill . 99 acres of wetlands, and if it is a wetlands of significance you must go through a laborious process to obtain another permit. He urged that Council to look also at the integrity of function and value of a wetland as far as addressing wildlife and flora, and that Alternative B allows for a larger wetland to be preserved. Ted Knapp, 612 Bellevue Way NE, Suite 201, Bellevue, representing the Kent Chamber of Commerce, noted that he was on the Mayor' s Wetlands Task Force and the citizens subcommittee of the Planning Commission, and distributed a letter in support of Alternative B with the addition of Sections 16D and 16E. He noted that the only issue the subcommittee did not reach consensus on was Section 12 dealing with how much wetlands should be filled in the lower quality wetlands. He recommended fill up to one acre without any type of alternative analysis and up to 1.99 acres provided impacts to the wetlands are minimized. Upon Mann' s question, Public Works Director Wickstrom explained that Kent gets its 8 April 20, 1993 CRITICAL AREAS drinking water from areas east of Kent which were annexed for municipal purposes. Orr pointed that the Green River runs through the valley floor and the City must consider protection of the water supply not only for our own city, but for other cities as well. Joe Miles, 24639 156th Avenue SE, civil engineer, member of the Task Force, and member of the Planning Commission sub-committee, said that Alternative B is a good compromise because it protects the wetlands, allows for a moderate amount of filling, and gives exemptions for single-family homeowners. He said that King County allows fill up to 2500 sq. ft. , and that Alternative B would allow 10, 000 sq. ft. He urged the Council not to alter Section 12 to allow increased filling. Brent Carson, 1011 Western Avenue, Suite 902, Seattle, representing Union Pacific, spoke in support of Orr' s motion with one amendment related to Section 12 . He asked the Council to consider the requirements for mitiga- tion. Knapp clarified for White that the Chamber' s recommendation is that the figure for fills be changed to one acre. Upon comments from Mike Williams, Mann explained that it is his intent to let citizens know that Kent's drinking water comes from an area several miles outside the city that has been annexed in, and that he is aware of the need for keeping aquifers clean and preserving water. Gary Volchok spoke in support of Alternative B, and said he would like wording that says placement of up to one acre with approval of the Army Corps of Engineers would be allowed in Class 3 wetlands without mitigation. He noted that in the city limits of Kent there is a net industrial developable acreage of 305 acres, and that if his suggestion were adopted, it would add 5. 5% to the total area. Carol Stoner, Chair of the Mayor' s Environmental Task Force, said that Alternative B will be a predictable, administrat- able ordinance, and that the 10, 000 sq. ft. fill in Section 12 is very important. She urged the Council to hold to that maximum in the ordinance. Bruce Harpham, 2625 S. 359, Federal Way, a member of the Metro Citizen' s Water Quality Advisory Board and a U.S. Corps of Engineers committee, noted that over 50% of the wetlands in Washington have already been lost, and that 90% has been lost 9 April 20, 1993 CRITICAL AREAS in King County. He said the cumulative effects are being seen in financial ways, as well as in water ending up in people ' s basements. He said it has been shown that people lose whenever a wetland is filled in, and mitigation is not an answer because 80% of mitigation fails. He added that Bellevue has done several studies and has a very good ordinance. Jim Leonard, a member of the Mayor's Task Force, agreed that the quality of the water in the valley is very important, and that what is discharged into the Green River has a great affect on fish. He said that Alternative B with the changes discussed by Joe Miles and Carol Stoner is a viable option. A. J. Fisher, 26029 119th Drive SE, Kent, voiced concern about the quality of life for future generations, and urged the Council to support Alternative A because it provides the best protection. WHITE MOVED to make a letter from Barbara Conner a part of the record. Bennett seconded and the motion carried. Jack Nelson, 601 W. Gowe, a long time resident of Kent, representing the Carpinito Farms, spoke in support of Councilmember Orr' s motion to adopt Alternative B including Section 16D and 16E. He also urged the Council accept a change in Section 12 to in- crease the amount of acreage that could be filled to one acre under certain conditions. Ed Markham, 26418 Yale Court, said he supports Alternative A although he feels it is weak, but that Alternative B affects the wetlands even more. Rita Bailey, 20607 101 Avenue SE, said we need the clean water that wetlands provides, and urged support of Alternative A. Roland Cunningham, 12409 SE 211th, also spoke in support of Alternative A, noting that although it is a compromise, Alternative B would be worse. Sharon Rodman, 14138 SE 238th Lane, Kent, professional biologist, trained wetland steward, and member of the Kent Wetland Ordinance Subcommittee, stated that Alternative B does not offer adequate protection for wetlands and their essential buffers because it has been written to allow development to the maximum allowed by Federal regulations. She strongly recommended that the Council consider Alternative A and that Alternative A be improved upon by adopting the 1989 Federal Manual, as it is more scientifically based than the 1987 Manual. Diane 10 April 20, 1993 CRITICAL AREAS Green, 21839 Frager Road, said there are wetlands surrounding her property and recommended Al- ternative A. She said she would like even more stringent rules regarding the protection of wet- lands for wildlife. There were no further comments from the audience and Orr' s motion then carried with Bennett opposed. HAZARDOUS (BIDS - ITEM 5B) MATERIALS Hazardous Materials Building. The bid opening was STORAGE held on March 29th with six bids received. The BUILDING low bid was submitted by Foss Environmental in the amount of $45, 428. 00, however, this bidder should be rejected as non-responsive. It is the Public Works Committee's recommendation that the second low bid, submitted by Safety Storage Company in the amount of $56, 436. 00, be accepted. WHITE SO MOVED, Woods seconded and the motion carried. SURPLUS (CONSENT CALENDAR - ITEM 3H) EQUIPMENT Sales of Surplus Equipment. AUTHORIZATION of the sale of surplus equipment at the next State auction, as recommended by the Public Works Committee. Disposal of this equipment was ap- proved in the 1993 budget as a way of reducing Equipment Rental expenses. FRANCHISE (CONSENT CALENDAR - ITEM 3D) Heath Techna Franchise. This date has been set for the second reading (review) and ADOPTION of Ordinance No. 3101 granting Heath Techna Inc. , a franchise for ten years to construct, attach, maintain, repair, replace, operate and use com- munication line duct bank facilities under and across S. 200th Street within the City of Kent. CABLE TV (PUBLIC HEARING - ITEM 2B) Cable TV Master and Franchise Ordinances. This public hearing is on the City ' s proposed re- franchising agreement with TCI Cablevision of Washington. The entire agreement is composed of two separate ordinances. One is the City' s Master Cable TV Ordinance, which establishes the rights and liabilities for any company proposing to pro- vide cable TV service to the City of Kent. The 11 April 20, 1993 CABLE TV second ordinance is the specific franchise ordinance with TCI, similar to a contract, that grants TCI the right to use the City right-of-ways for its cable communications system. The City Attorney noted that generally neither ordinance requires a hearing, but that he feels public input is warranted. He added that the franchise ordi- nance requires a second reading and recommended that both ordinances have a second reading at the next Council meeting. Assistant City Attorney Brubaker noted that TCI 's current franchise will expire this year and that extensive negotiations have taken place during the past two years to develop these ordinances. He explained that the master ordinance would apply to all cable providers in the city, and the franchise ordinance is essentially a contract with TCI Cablevision. He pointed out that Federal law controls the rules and regulations over the cable system. Brubaker stated that in exchange for offering its rights-of-way, the City can contract to obtain certain benefits for the City and for the citizens of the City. He noted that the City cannot regulate rates. He outlined the new ordi- nance as follows: 1) The franchise fee will remain at 5%, as that is the maximum allowed by law, but the ex- panded definition of gross receipts should create an additional income for the City of approximately $100, 000 a year. 2) TCI will pay the City its costs in negotiating the franchise. 3) New customer service and customer response times are set. 4) The City will be given the authority to set rates once the law allows. 5) Discounts for senior citizens, disabled citizens, and low income citizens. 6) Cable will be made available throughout the city except in certain extraordinary circumstances. 12 April 20, 1993 CABLE TV 7) Parental control devices will be provided free of charge to customers. 8) The City will have the ability to periodically re-evaluate TCI ' s system and its performance level. 9) The City will have one government access channel within six months. 10) TCI will provide improved equipment for the Council Chambers. 11) TCI will provide an internal network allowing one-way transmission to the fire stations. 12) Within 48 months TCI will create a fiber optic network throughout the City and will provide more channels and a two-way system for the fire stations, which will also be available to the police department and school system upon showing of need. 13) If there is a technological advancement in the area, that same advancement must be provided to the City of Kent. 14) TCI will provide an emergency override system. He noted that TCI has asked for a franchise term of 15 years, and opined that the possibility for expanded community outreach is excellent. Woods declared the public hearing open. Ted Laudenback, 21550 123rd Avenue SE, asked whether the senior discount applies to people outside the city limits. Ken Humbert of TCI explained that the cable company must be franchised for each area they work in, and that King County is now in ne- gotiations. He added that a senior discount is being considered by the County. Humbert also clarified, upon a question from Barney Wilson, that TCI does not set rates or rules on pay-per- view, and that they are precluded by contract from putting pay-per-view in multi-user facilities such as the Senior Center. Bill Doolittle, 412 N. Washington, voiced misgivings about the 15-year 13 April 20, 1993 CABLE TV franchise because of changing technology, and expressed hope that TCI would provide stations from Los Angles, London, or Toyko, in order to have more choices. Brubaker noted that once fiber optic is established the number of channels will be greatly increased. There were no further comments and WHITE MOVED to close the public hearing. Orr seconded and the motion carried. Upon White' s request, it was determined that both ordinances will be brought back at the next Council meeting under Other Business. PROCUREMENT (OTHER BUSINESS - ITEM 4H) CODE Procurement Code Amendments. The proposed ordinance would amend the procurement code by requiring reports to the Council for certain contracts entered into, and requiring disclosure of conflicts of interest, as well as other minor amendments to the code. The City Attorney asked that the words "professional and consultant" be inserted into Section 3 . 60. 060, C. 1. on page 4 of the ordinance. JOHNSON THEN MOVED for the adop- tion of Ordinance No. 3106 amending the City' s procurement code. Orr seconded and the motion carried. POLICE (CONSENT CALENDAR - ITEM 3M) Possession of Marijuana. ADOPTION of Ordinance No. 3103 amending Chapter 9 . 12 of the Kent City Code relative to the possession of marijuana and adding a definition thereto. PARKS & (CONSENT CALENDAR - ITEM 3J) RECREATION King County Conservation Futures Grant Funds. ADOPTION of Resolution No. 1353 authorizing the City to make application for grant funds through this program, for the acquisition of land and/or open space, as needed for: A) Kent Lagoons Wetlands/Wildlife Enhancement project, B) the Upper Mill Creek Canyon Park, C) the East Hill Community Park and, D) the Riverview Park, as recommended by the Parks Committee. 14 April 20, 1993 PARKS & (CONSENT CALENDAR - ITEM 3K) RECREATION Acceptance of East Hill Park and West Fenwick Park Artwork Selection. Acceptance of East Hill Park and West Fenwick Park artwork by artist Barbara Grygutis. This item was passed at the Parks Committee meeting on April 6th. (OTHER BUSINESS - ITEM 4F) Lake Fenwick Annexation. This annexation is a 60-acre parcel of land within the proposed expan- sion area for the City' s Lake Fenwick Park. The parcel is wholly owned by the City and is con- tiguous with existing City boundaries. As such, the Council is empowered to annex this territory for municipal parks and recreation purposes on its own initiative by ordinance. Assistant Tom Brubaker pointed out that Boundary Review Board approval is not required, and that a Determination of Non-Significance has been issued. WOODS MOVED that Ordinance No. 3105 annexing certain territory to the City of Kent for municipal purposes be adopted. Orr seconded and the motion carried. GOLF COMPLEX (OTHER BUSINESS - ITEM 4A) Riverbend Gold Complex operational Plan. The Golf Advisory Board was formed in June, 1992 to advise Administration and make a recommendation to the Parks Committee on issues related to the Riverbend Golf Complex. Following extensive review and study of finance and operational issues by the Advisory Board, the Council, at its January 19, 1993 meeting, authorized the issuance of an RFP to seek proposals for the provision of golf services at the Riverbend Golf Complex. The services sought to be provided include, among other things, starters for the 18 hole and par 3 courses, opera- tion of the driving range and mini-putt, sales of golf merchandise, golf lessons, power cart rentals, the provision of course marshals and operation of the cafe (snack bar) . In soliciting proposals for these services, the City was inter- ested in obtaining professional golf management as well as financial savings to the City. In re- sponse to the RFP, the City received ten proposals that met the criteria set forth in the RFP. The selection process involved two phases: 1) quali- fication and proposal evaluation; (2) personal 15 April 20, 1993 GOLF COMPLEX interviews. Following a review of the proposals, the Golf Advisory Board recommended to the Parks Committee, at its April 6 meeting, that the City negotiate a contract with SSMD Enterprises, Inc. , and in the event a contract could not successfully be negotiated with SSMD, to negotiate a contract with Golf Northwest, Inc. subject to Golf Northwest, Inc. 's selection of a golf director acceptable to the City. This recommendation was adopted by the Parks Committee. Chief Administrative Officer McCarthy noted that background checks, personal reference checks, and credit checks have been done on the SSMD team, and that they appear to be professionally and finan- cially able to finance and operate the golf complex. He noted that calendar year savings directly attributable from the contractor of $120, 000, reduced bookkeeping costs of $80, 000 since City will not be in the merchandising and food business, and the $95, 000 that is currently budgeted for the complex provides an annual sav- ings of nearly $300, 000, which is 3 times what the golf complex generated in 1992 . He said that under the proposed contract, all revenue belongs to the City with the contractor receiving a per- centage fee and a fixed fee of $239, 000. McCarthy noted that he has met with golf complex personnel, that all will be given interviews by the SSMD team, and that some could fill vacant positions in other city departments. He added that if those options don't work out, the City will provide a severance package and outplacement counseling. Upon White's question, the City Attorney clarified that the layoff policy from last summer may still be in effect, and White asked that the layoff policy be discussed by the Operations Committee as soon as possible and that it come back to Council within 60 days for adoption. He said it should be a comprehensive policy, a part of which should be seniority. When McCarthy said that input had been solicited from Councilmembers but not all re- sponded, Orr expressed concern that Councilmembers were not reminded so that a policy could have been developed. 16 April 20, 1993 GOLF COMPLEX McCarthy noted that because of a misunderstanding, SSMD' s figures seemed to be high and that the City compensated for that by adjusting the numbers. White opined that in fairness perhaps both contractors should have been negotiated with. Lubovich clarified that the City has not negoti- ated with SSMD yet, but that they have presented their proposal and negotiations are still open. He explained that this was a Request for Proposals, that certain criteria were set out, and that the City reserved the right to negotiate. He noted that the same criteria was used for all applicants. McCarthy noted, upon White's comment, that SSMD has committed the funds. White com- mented that one group was allowed to bring in a new proposal after the process, but others were not. Lubovich responded that it is the same proposal, that the financial aspect is only one part of the proposal, and that what they have proposed is more accommodating and beneficial to the City. He said that if negotiations with SSMD do not work out, and the City goes to Golf Northwest, their finances will be discussed and possibly adjusted. BENNETT MOVED to direct Administration to negoti- ate a contract with SSMD Enterprises, Inc. , and in the event a contract cannot be successfully ne- gotiated, to negotiate a contract with Golf Northwest, Inc. , subject to Golf Northwest, Inc. selecting a Golf Director acceptable to the City; and to authorize the Mayor to execute an agreement in a form similar to the one set forth in the RFP following successful negotiation of an agreement. Houser seconded. Mann stated that he is not convinced that this is in the best interest of the citizens of the City of Kent and asked that Patrice Thorell outline another proposal. Ms. Thorell noted that there are many customer service improvements that can be offered, that change is warranted and that the Recreation Department and Golf Complex staff are willing to work with the Golf Advisory Board to facilitate change. She reminded the Council that a scenario was presented on January 19 , and that the only unfavorable comments were the lack of 17 April 20, 1993 GOLF COMPLEX City teamwork and the late timing. She explained the compensation package and the organizational plan of the scenario, and said that a City-run organization would net the best results monetarily and provide the best customer service. She added that if the Council votes to turn the operation of Riverbend over to SSMD Enterprises, she and the current golf course staff will continue to be committed to creating a cooperative City team in the best interest of the complex and its users. MANN OFFERED A SUBSTITUTE MOTION that the City of Kent Parks and Recreation Department work with the Golf Advisory Board to accomplish the goals of the Golf Advisory Board through the creation of a contracted City employee position to serve as Director of Golf, hired by the City to oversee all facets of the Riverbend Golf Complex operation, including maintenance; the Golf Director will be responsible for assessing the current operation and redefining positions and job functions where necessary; the City will create a dynamic and cooperative team working in the best interest of Riverbend Golf Complex and its users while being fiscally responsible to the citizens of Kent. White seconded. The motion to substitute failed, with only Mann and White in favor. WHITE THEN OFFERED A SUBSTITUTE MOTION to authorize Admin- istration to negotiate a contract with SSMD, Enterprises, Inc. and in the event a contract cannot be successfully negotiated, to negotiate a contract with Golf Northwest, Inc. subject to Golf Northwest, Inc. selecting a Golf Director accep- table to the City; and to submit the negotiated agreement to Council for confirmation; Admin- istration is also authorized to bargain with Teamsters Local 117 the issue of ceasing main- tenance operations at the Golf Complex and to enter into initial discussions with the contracted Golf Director for maintenance of the Golf Complex subject to the outcome of negotiations with the union; thereafter, Administration shall bring the matter of contracting maintenance operations to the Council for consideration. The motion died for lack of a second. 18 April 20, 1993 GOLF COMPLEX Bennett thanked the Golf Advisory Board, the Golf Selection Advisory Board, and staff for their work during this process. White expressed concern that a serious part of the operation of the golf course is being overlooked, and that a potential conflict between maintenance and operation of the golf course could result. He said he would prefer to see the entire golf course operated under one contractor. He offered the last portion of his motion regarding Administration being authorized to bargain with Teamsters Local 117 the issue of ceasing maintenance operations at the golf com- plex, entering into discussions with the Golf Director for maintenance, and bringing the matter of contracting maintenance operations back to Council, as a friendly amendment. Bennett did not accept the friendly amendment, saying it is not germane to the RFP. The Clerk read into the record letters from State Representative Suzette Cooke, Michael T. Tucker of Northern Steel, Arlene C. and Ray H. Williams, Bill Stewart, Tom Couples of Mohawk Northern Plastics, Inc. and Dan McFarland of Mohawk Northern Plastics. WOODS MOVED that the letters be made a part of the record. White seconded and the motion carried. The motion to direct Administration to negotiate a contract with SSMD Enterprises, Inc. , and in the event a contract cannot be successfully negoti- ated, to negotiate a contract with Golf Northwest, Inc. , subject to Golf Northwest, Inc. ' s selecting of a Golf Director acceptable to the City; and to authorize the Mayor to execute an agreement in a form similar to the one set forth in the Request for Proposals following successful negotiation of an agreement then carried, with Mann opposed. WHITE THEN MOVED to direct Administration to bargain with Teamsters Local 117 the issue of ceasing maintenance operations at the Golf Complex and to enter into initial discussions with the contracted Golf Director for maintenance of the Golf Complex subject to the outcome of negotia- tions with the union; thereafter Administration shall bring the matter of contracting maintenance operations to the Council for consideration. Bennett seconded for discussion. White noted that there have been complaints about the maintenance 19 April 20, 1993 GOLF COMPLEX of the golf course, and that without Council direction Administration will not look into this. White noted that the Attorney has indicated that the procedure is to bargain first, or be guilty of unfair labor practice. Upon Houser' s question, Keith Sanden, 22859 229th Avenue SE, noted that the question of maintenance came up in preliminary discussions and that they agreed to work with the City to bring about a high level of maintenance, as well as saving money for the City. Orr expressed concern about whether or not the City could turn over additional control to an outside entity, and stated that someone should have seen that the maintenance was done. White responded that there has not been a Head of Maintenance at the golf course for a number of months, and that the Bond Counsel has assured him that what the City is doing is legal. Sue Goddard, Captain of the Riverbend Ladies Club, noted that the maintenance staff at the course has done a great job even without a superintendent in charge. She noted that equipment is needed to maintain the course. Bennett opined that the golf course has not been maintained properly, and that the maintenance staff was not allowed to do their jobs. Doug Schwab invited Councilmember White to attend the next meeting of the Golf Advisory Board to discuss the issue of maintenance. He agreed that the current maintenance staff has done a great job at the golf course. He questioned why the City would want to give up control over the quality of the product, and said that to enter into negotiations at this time is premature. Orr thanked Goddard and Schwab for their comments on the maintenance of the course, and explained that that is why she finds it difficult to support trying to take maintenance away from staff. Ms. Thorell pointed out that the City has just completed a nation-wide search for a Golf Maintenance Operations Manager, and that there are approximately 45 candidates, many of whom have Golf Maintenance Superintendent certification. McCarthy noted that Mr. Sanden has agreed to participate in the selection process, along with others on the panel. Bill Doolittle said the only way he could have commented on this issue tonight 20 April 20, 1993 GOLF COMPLEX was to put it in writing and mail it. He said that he had comments on the motion the Council voted on, and some serious misgivings, as well as specific questions for some Councilmembers and McCarthy, and that he had planned to request a roll call vote. He said he hopes the right deci- sion has been made, since the vote has already been taken. Ted Laudenback spoke against privatization of the maintenance of the golf course, in order to maintain control. He asked for an accounting in one year to see whether there is a true savings. Bennett noted that the citizens of Kent have had to subsidize the golf course because the bond issue was not great enough. White disagreed, noting that there were cost overruns which were approved by Council and Administration and that the bond issue did not over cover those or the building of a clubhouse or condemnation for property, and to say the citizens have subsidized the golf course is wrong. White then called for the question. Mann and Orr noted that they are members of Joint Council 28 and Local 117 and asked if anyone objected to their voting. There were no objections. Orr explained that she saw this not as a union issue but as what would be in the best interests of the citizens of Kent, which would be to maintain control of the maintenance. White clarified for the Mayor that the intent of his motion is to get the City to cease maintenance operations. White' s motion then failed with only his vote in favor. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through April 6, 1993 after auditing by the Operations Committee at its meeting on April 15, 1993 . Approval of checks issued for vouchers: Date Check Numbers Amount 4/1 - 4/15 129266-129775 $1, 682 , 997 . 30 21 April 20, 1993 FINANCE Approval of checks issued for payroll: Date Check Numbers Amount 4/20/93 01182679-01183042 $ 636, 298 . 53 (CONSENT CALENDAR - ITEM 3E) Acceptance of Puget Power Grant - Senior Housing. ACCEPTANCE of the Puget Power Grant for senior housing in the amount of $23 , 470, as recommended by the Operations Committee on April 6th. The City met some energy codes and spent about $18, 000 in addition to the original contract with Bellewood Corporation, and is therefore eligible to receive this grant to help offset some of the costs. (OTHER BUSINESS - ITEM 4B) CLID 333 Bond Ordinance and Purchase Contract. The Operations Committee has recommended adoption of an ordinance establishing the consolidated LID, fixing the amount and interest rates and providing for the sale and delivery to Lehman Brothers and authorization for the Mayor to sign a purchase contract with Lehman Brothers to purchase the bonds in the amount of $397 , 413 . The LID bonds are being issued to provide funding for installation of a traffic signal and improvements and for sanitary sewer line improvements in the City's downtown business district and the Hilltop Avenue north of Kent. Acting Finance Director Miller explained that the average interest rate is 5. 35%, which results in an assessment rate of 5. 85%, that there is an underwriting discount of 2%, and the final com- bined bonds will be at 5. 75%. She noted that this is considerably lower than in the past and it will save money for the citizens. HOUSER MOVED to adopt Bond Ordinance No. 3104 establishing CLID 333 (LIDs 333 , 338 and 339) and to authorize the Mayor to sign a purchase contract with Lehman Brothers in the amount of $397 , 413 . Woods seconded and the motion carried. 22 April 20, 1993 FINANCE (CONSENT CALENDAR - ITEM 4C) Refunding of 1980, 1986 and 1990 Voted Bonds. Councilmember Houser asked that this item be removed from tonight' s agenda. (CONSENT CALENDAR - ITEM 4D) Refunding of 1978 and 1989 Councilmanic Bonds. Councilmember Houser asked that this item be removed from tonight' s agenda. REPORTS Budget Committee. Johnson reported that the next Budget Committee will be held at 4 : 00 Monday, April 26 . EXECUTIVE At 10: 35 p.m. , the City Attorney announced an SESSION executive session of approximately five minutes to discuss a settlement agreement. SETTLEMENT The meeting reconvened at 10: 40 p.m. and WOODS AGREEMENT MOVED to authorize the settlement of $100, 000 plus sales tax to be paid by the City and King County Library System in the matter of Eberharter Con- struction v. City of Kent and King County Library System, Cause No. 92-2-27774-3 , and that the City Attorney is authorized to take any and all steps necessary to finalize a settlement agreement and to pay $50, 000 plus sales tax as its half of the settlement plus related attorney' s fees and costs. Orr seconded. Upon the Mayor' s question, McCarthy noted that funds are available for this. ADJOURNMENT The meeting then adjourned. / Brenda Jager, CMC City Clerk; 23