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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/03/1990 i Kent, Washington April 3 , 1990 j Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Driscoll, Planning Director Harris, Police Chief Frederiksen, Personnel Director Olson, Information Services Director Spang and Parks Director Wilson. Public Works Director Wickstrom, Finance Director McCarthy and Fire Chief Angelo were on vacation and Assistant City Administrator Hansen was ill. Approximately 45 people were in attendance. PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1A) COMMUNICATIONS Employee of the Month. Mayor Kelleher announced that Cheryl Viseth of the Public Works Operations Department is April 's employee of the month. After serving as a volunteer for the City, Cheryl was first hired as a Customer Service representative for the Finance Department. She is also the City employees ' wellness team leader, keeping the city employees enthusiastic about the wellness program. Tim Heydon noted that he is pleased to have her as his assistant. (PUBLIC COMMUNICATIONS - ITEM 1B) Earthquake Awareness Week The Mayor read a proclamation declaring the week of April 8 - 14th as Earthquake Awareness Week in the City of Kent and urging citizens to learn more about how to prepare for such an event. He presented the proclamation to Assistant Chief Mary Berg. CONSENT WOODS MOVED that Consent Calendar Items A through M be CALENDAR approved with the exception of Item 3D. The Mayor announced during Public Communications that this item would be dealt with separately. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes APPROVAL of the minutes of the Council meeting of March 20, 1990. HEALTH AND (CONSENT CALENDAR - ITEM 3E) SANITATION Alder Heights Division II ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance of approximately 509 feet of sanitary sewer extension constructed in the vicinity of S .E. 218th and 110th Ave. S .E. for the Alder Heights Division II project, and release of cash bond after expiration of the one year maintenance period. 1 I April 3 , 1990 HEALTH AND (CONSENT CALENDAR - ITEM 3F) SANITATION Hemlock Acres. ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance of approximately 909 feet of sanitary sewer extension constructed in the vicinity of S.E. 240th and 112th Ave. S.E. for the Hemlock Acres project, and release of cash bond after expiration of the one year maintenance period. SOLID WASTE (CONSENT CALENDAR - ITEM 3G) MANAGEMENT King County. ADOPTION of Ordinance No. 2914 amending PLAN Ordinance No. 2906 ratifying the adoption of the King County Comprehensive Solid Waste Management Plan following the SEPA review process. WATER (CONSENT CALENDAR - ITEM 3I) Water Conservation Program. As recommended by the Public Works Committee, AUTHORIZATION to continue sponsorship of water conservation performances to students of six Kent elementary schools in 1990 at an estimated cost of $2 , 100. 00 to be paid from the Water Operating Budget. (CONSENT CALENDAR - ITEM 3K) Release of Easement - Rosemary Glen. As recommended by the Public Works Committee, AUTHORIZATION for the Public Works Director or his designee to release the easement for the 16 inch water main within the Rosemary Glen development. (ADDED ITEM) (OTHER BUSINESS - ITEM 4E) Kent Transmission Main. Charles Kiefer of the East Hill Environmental Citizen's Alliance read a statement and some questions about the proposed Kent Springs Transmission Line. He distributed copies to the Council along with photographs. The text was filed for the record, but the pictures were not. Kiefer stated that the group asked for the following: 1. A new SEPA review including an EIS; 2 . Rerouting of the 30" pipe around the sensitive wetlands; 3 . Complete fencing around the excavation site at all times; 2 I i April 3 , 1990 WATER 4 . An audit of the design and permit process; 5. New conditions on the revised HPA from the Department of Fisheries. City Engineer Gary Gill stated that the City had been developing this project for three years, had had numerous meetings with concerned residents, that an HPA permit was not required and Mr. Robel of the Fisheries Department had met with City representatives in the field, and in fact a meeting was scheduled with him for Thursday. He pointed out that the City had hired experts and had consulted with the Corps of Engineers and that the City held the bond of the contractor until the job was finished, thus assuring proper performance. Kiefer stated that he would like the project reviewed before the bids were awarded and that on March 26 he had asked that the bids not be opened for these reasons. At the Mayor's suggestion it was agreed that the information requested by Kiefer would be made available to him, the matter would be reviewed and reported to the Public Works Committee, with notice to Kiefer so he can attend the committee meeting. (BIDS - ITEM 5B) Kent Transmission Main. Bid opening was held March 26, 1990 with eight bids received. The low bid was Bids submitted by Volker Stevin Pacific Inc. in the amount of $2 ,939,442 .22 . Gill noted that the project was within budget and that time was critical. A woman from the audience stated that those who lived in the path of the main wanted the job done right. Gill noted that the Public Works Department had had many meetings with property owners over three years and had even gone to residences to explain the project and to answer questions. Ron Allen stated that the main would go through the southern part of his 1 1/2 acre pond and that he would not give permission for any water from this line to go into his pond. Gill determined that there were no service connections from this main, that it was a supply line to reservoirs, etc. and that the City was aware that chlorinated water could not be flushed into 3 April 3, 1990 WATER a pond without having been treated. He pointed out that this was a 60 year old, 10 inch line and improvement was vital to the fire flow distribution system. WHITE MOVED that the bid submitted by Volker Stevin Pacific, Inc. in the amount of $2,939 ,442 .22 for Kent Springs Transmission Main be accepted. Woods seconded. They both agreed to include Mann's suggestion that the contractor be instructed to observe all safety measures and to give assurance that barricades will be installed to prevent accidents. The motion then carried unanimously. STREETS (PUBLIC HEARINGS - ITEM 2A) LID 328 West Valley Highway - Ordinance. The public hearing on confirmation of the final assessment roll for LID 328 has been continued to this date. An ordinance confirming the final assessment roll has been prepared and has been made a part of the packet. A memo from the Director of Public Works has also been distributed. The Mayor declared the hearing open. There were no comments from the audience. Woods MOVED that the memorandum from the Director of Public Works be made a part of the record, that the hearing be closed, and to adopt Ordinance No. 2913 confirming the final assessment roll for LID 328. Houser seconded and the motion carried. (CONSENT CALENDAR - ITEM 3J) LID 328 - Condemnation Ordinance - Parcel 17 . As recommended by the Public Works Committee, AUTHORIZATION for staff to proceed with condemnation proceedings on Parcel 17 for required right-of-way for LID 328 , and adoption of Ordinance No. 2915 providing for same. (CONSENT CALENDAR - ITEM 3L) LID 330 - 64th Avenue Improvements. AUTHORIZATION to reschedule the date for the public hearing on confirmation of the final assessment roll for LID 330 from May 1, 1990 to May 15, 1990. (BIDS - ITEM 5A) LID 328 - West Valley Highway Improvements. Bid opening was held February 21, 1990 with the low bid 4 i April 3 , 1990 STREETS submitted by Gary Merlino Construction in the amount of $4, 088, 382 . 62 . Staff recommends that this bid be Bids accepted. WHITE SO MOVED, Johnson seconded and the motion carried. UNDERGROUNDING (CONSENT CALENDAR - ITEM 3H) Puget Power Agreement - S. 228th. As recommended by the Public Works Committee, AUTHORIZATION for the Mayor to sign the Puget Power Undergrounding Agreement for costs associated with undergrounding for Van Doren' s Landing and acceptance of the reimbursement in the amount of $29,478. 00 from Union Pacific Realty Company for the costs associated with undergrounding. HOUSING AND (PUBLIC HEARINGS - ITEM 2B) COMMUNITY Block Grant Local Program Policies. Lin Ball of the DEVELOPMENT Planning Department explained that it is necessary to adopt Kent' s 1991 CDBG Local Program Policies in order to receive Community Development Block Grant Funds from the federal government in 1991. The Local Program Policies are a description of the strategies for the allocation of CDBG funds. Both the Human Services and the Planning Committee have recommended adoption. The public hearing was opened by Mayor Kelleher. There were no comments and the hearing was closed by motion. JOHNSON MOVED to approve the recommendation for adoption of the 1991 Community Development Block Grant Local Program Policies as recommended by the City Council Planning Committee. Woods seconded and the motion carried. PRELIMINARY (OTHER BUSINESS - ITEM 4A) SUBDIVISION Garrison Heights Preliminary Subdivision SU-89-7. This meeting will consider the Hearing Examiner's recommendation of _ conditional approval of an application by John R. Ewing and Associates for a 23 lot single family residential preliminary subdivision. The property is 8 . 66 acres in size and is located at the southeast corner of the intersection of S. 213th Pl. and 94th P1. S . JOHNSON MOVED to -concur with the findings of the Hearing Examiner and to adopt the Hearing Examiner's recommendation of approval of the Garrison Heights Preliminary Subdivision SU-89-7 with 9 conditions. Woods seconded. Upon Jim Flick' s question, Harris noted that Items No. 8 and 9 5 i i April 3 , 1990 PRELIMINARY shown on page 8 of the Staff Report, would answer his SUBDIVISION concerns and that these were part of EPA conditions of the final Mitigated Declaration of Nonsignificance. Gill stated that the City would inspect his complaint about material spilled by the Miles truck. There were no further comments and the motion carried unanimously. HUMAN SERVICES (CONSENT CALENDAR - ITEM 3M) Administrative Policy for Inquiries. AUTHORIZATION to endorse the white paper entitled "City's Role in Human Services" (dated March 15, 1990) and to direct the Human Services Commission to publish guidelines for use of City staff in responding to such requests. POLICE (ADDED ITEM) (OTHER BUSINESS - ITEM 4D) Southwood Square. Ms. Joanne Gonder, representing a group of ladies from Southwood Square Apartments referred to a letter they had sent to the Mayor regarding continuing violence against them by a male tenant of the complex. City Attorney Driscoll stated that the matter had been investigated and no facts as stated would warrant filing criminal charges. Chief Frederiksen stated that the investigating officers did not find probable cause at the time of the initial complaint on January 1st and further pointed out that arrests could no longer be made because of the use of profanity. The Mayor suggested that the ladies remain to speak with staff after the meeting. He also noted that this is HUD housing and improper action on the part of a tenant could result in eviction. (BIDS - ITEM 5C) Bids on Forfeited Property. The Police Department solicited minimum bids on two parcels of real estate seized and forfeited under provisions of state law pertaining to property used for manufacture or distribution of controlled substances. The Chief of Police recommends award of the highest bids as follows: 1. 4 . 84 acres of unimproved property in Enumclaw to William G. and Lois Burleson at $66, 552 . 00. 2 . A single family residence at 27637 188th P1. S.E. , Kent to Thomas R. and Warwick D. Tomfehr at $195, 196. 00 . 6 I I April 3 , 1990 POLICE MANN MOVED to accept the high bids as recommended by the Chief of Police. White seconded and the motion carried. FIRE (CONSENT CALENDAR - ITEM 3C) Contract with King County. As recommended by the Public Safety Committee, AUTHORIZATION for the Mayor to sign an ongoing contract with King County to authorize the Fire Department to perform fire and life safety inspections in the fire district for 1990. PARKS (REMOVED FROM CONSENT CALENDAR - ITEM 3D) City Arts Commission. Mayor Kelleher read a letter he had written to Council President Woods regarding the Murals visitors who will be coming this summer from our new sister city, Kherson, in the Soviet Union. He described his policy regarding possible expenditure of public funds, including the test question as to whether this was the sort of expense the City would normally expect to incur. Decisions should be reached by the appropriate councils, commissions and departments during the regular course of open government processes. The letter invited hearing the Council 's views on this policy and expressed readiness to discuss alternate proposals. The letter was distributed to the Council and has been made a part of the record. Authorization has been requested to replace funds expended from the City Art Fund for the Kherson mural by Kherson artist, Yegor Tolkunev. These funds were originally slated for the restoration and relocation of the Carnation mural and creation of a downtown mural by Kent artist, Danny Pierce. The funds were redirected at the request of Council President Judy Woods, City Administration, and the Kent-Kherson Sister City Committee due to the limited time available to create a mural and the tight schedule for the creation of Kent-Kherson Peace Park. It was determined that $10, 000 had been budgeted for the restoration and relocation of the Carnation mural and creation of a downtown mural by Kent artist Danny Pierce. The funds have since been earmarked for a mural for the Kent-Kherson Peace Park, so as to have this project finished in time for the Goodwill Games and before the delegation from Kherson visits Kent. 7 April 3 , 1990 PARKS Parks Director Wilson clarified for White that it was proposed that the old City Hall site would be used for Murals Kherson Park and the old Carnation sign would be redone on the Creamery Building. He noted that plans for the Kherson Peace Park would perhaps include an outdoor stage and that the overall cost would be approximately $60, 000. Upon questions from the Mayor and from White, Patrice Thorell, Superintendent of the Cultural Arts Division and Liz Carpenter clarified that $10,000 was a typical figure for the design for the sign company to do the actual painting. White asked if the City typically redirected the use of funds without Council approval. Mayor Kelleher asked where the money is being diverted from and if these items are already budgeted within the Arts Commission budget. Thorell noted that the Council approved the City Art Plan this year, which included a mural for downtown Kent. The original idea was that the mural would be a restoration of the Carnation mural for which $10, 000 was budgeted. The Visual Arts Committee recommended that a mural be placed in the Kent-Kherson Park in cooperation with a cultural exchange plan. The Arts Commission approved approximately two months ago. She pointed out that the City Arts Program funding comes from the City Is General Fund, a part of the $2 . 00 per capita fund for art in public places. The request is not to do the Kherson mural instead of restoring the Carnation mural, but to replace the money for the Carnation restoration. White asked if this $10, 000 is over and above the $2 . 00 per head and Carpenter replied it was. She noted further that the Arts Commission budget has the funds to utilize for the downtown Kent mural approved in the 1990 City Art Fund Plan. Woods noted that she had attended the deliberations and that the Kherson mural was perceived as an unexpected opportunity and it was necessary to act quickly in order to have the project completed before the Kherson Mayor' s visit in July. She noted that the agenda material showed approval by the Operations Committee and Parks Committee as well as the Arts Commission. Upon Mayor Kelleher's request, Thorell clarified that it is true that the Arts Commission could use money 8 I i i April 3 , 1990 PARKS budgeted for a specific item for a different item within their own budget, without seeking authorization Murals from the Council to do so. He then stated that if the Council wanted such budget revisions to come to Council for approval, Administration would direct that all departments do so. Dowell stated that this seemed to be an addition of $10, 000. White stated that Thorell had stated that the Kherson mural was approved by the Arts Commission two months ago and that the Council is now asked to approve the money which was budgeted once for the Carnation mural. He noted that it would have been easier to just ask for $10, 000 for the Kherson mural instead of bypassing the direction of the Council. Houser noted that the matter had been through the Parks Committee and the Operations Committee, and that the committee level was the place to ask questions. Dowell noted that this item was not recommended by the IBC. May Miller of the Finance Department said that the IBC recommended going ahead with the project but had not recommended the funding as requested. IBC recommends that some Art Fund expenditures be deferred to 1991. Thorell gave some clarification as to the cost of various size murals, pointing out that much depends upon the bid made by the sign company after he sees the artist' s design. Ms. Humphries of the Kherson Committee and Mayor Kelleher clarified for Dowell that Kherson had hosted six people from Kent and that Kent would only host three from Kherson, since we are not able to use government funds to the same extent as they are. Upon White' s question, it was determined that over the past 20 years, the City had spent from $50, 000 to $75, 000 on the Karibara Park, and that more than $50, 000 was planned for the Kherson Park in one year. Kelleher noted that parks development money will be spent and if not on Kherson Park then on another park and the question to be considered is: "Would we spend the money anyway for something only slightly different?" If we would, then he considers this a reasonable expenditure. Dowell noted that some private funds were also involved, and commended the Mayor on his fund-raising efforts and personal contribution 9 i I i April 3 , 1990 I i PARKS toward expenses of the Kherson delegation' s visit to Kent. Murals It was noted by the Mayor that if the Council wanted to change the procedures and require Council approval for every shift within a Department's budget, it could be done at any time. Dowell did not favor changing the procedure, but stated that if there are to be additional expenditures, these should continue to come before the Council. White stated that he would support this and was not proposing that the process be changed, but that in his view the process had been skirted. He said that if the Parks Department had asked for $10, 000 for Kherson Park, that could have been discussed instead of now discussing funding the Carnation mural. Orr stated that the paperwork showed that the proposal had the approval of the Arts Commission, Administration and the Parks and Operations Committees, and to have been in the process for more than a month did not seem unusual. Dowell stated he hoped that this would not happen again: -where agreements and commitments were made before the funds were in hand. The Mayor reminded the Council that in January he had asked to have plans developed for a Kherson Park with a suitable budget and the plan was known to all. There was no plan for the park to be a surprise. Woods noted that she agreed with Wilson that the park would enhance the downtown area as would the mural. She noted that all was done in good faith and she had assured the Arts Commission that she would do everything possible to see if money was available to replace the money that had been committed to the Carnation mural'. She then MOVED for the authorization to replace the funds expended from the City Art Fund for the Kherson mural by Kherson artist Yegor Tolkunev. Houser seconded and the motion carried. i Mayor Kelleher stated that in next year' s budget he will propose an increase in the downtown mural program as mentioned in his State of the City message. White stated that he hoped that such murals would be kept within the budget established and within the arts projects budget. Kelleher reiterated that the Arts ! 10 i i I April 3, 1990 PARKS Commission will follow the same process as now, unless the Council asked that they do otherwise. White did Arts not propose a policy change to ask the Commission to Commission do otherwise. (OTHER BUSINESS - ITEM 4B) Automated Tee Time System. The Parks Department requests authorization to purchase the Lynxx Tee Golf Course Management System for the Riverbend Golf Complex, at a cost of $20, 000. The system, through a touch tone phone, provides golf information and reserves tee times. Golf course staff estimate that they spend 3 , 000 hours per year in tee time scheduling. Staff feel that the system could provide a convenience to the golfer, while freeing up staff time at the golf course. Barney Wilson played a recording of how the voice mail system would work, including a paid commercial ad. He noted that the golf course was making money and was already $10, 000 ahead. White asked if it was in the budget and Wilson stated that he had written a memo in July and that the revenue would pay for this item before the year is over. He proposed as revenue sources, the option of selling 50 "preferred tee time" cards at $400 each, with buyers determined by lottery, and selling "commercial" time on the telephone line. DOWELL MOVED to authorize the Parks Department to purchase the Lynxx Tee Management System, at a cost of $20, 000. Woods seconded. Houser stated that it sounds good but is not budgeted and it seems that each month we are asking for more money for the golf course. She questioned whether the course was self-supporting. The system has not been used in this state and she suggested that this could be budgeted for 1991. Orr asked for clarification on the financial condition of the golf course and May Miller of the Finance Department said it looks like revenue is a little ahead of schedule and the IBC recommended approval with an advertising message included in the system. On Dowell ' s question it was determined -that this did not go through the Operations Committee as the IBC concluded that it did not require a change in the budget. It was clarified for White that this was within the existing golf course budget. The motion carried with Houser voting against. 11 i i April 3 , 1990 I i PARKS Before the meeting ended, Houser referred back to this item, noting that the agenda page indicates that there Golf Course would be an unbudgeted fiscal impact. Chow called upon May Miller, who stated that she understood that this item would impact the budget and that the Finance Director's fiscal note states that there would be additional revenue coming in also. (OTHER BUSINESS - ITEM 4C) City of Kent Cultural Planning/Cultural Center Feasibility Study. AUTHORIZATION is requested for expenditure of $10, 000 to match funds being raised Performing locally by the City of Kent Performing Arts Center Arts Center Task Force for the purpose of hiring a consultant for a Kent Cultural Center Feasibility Study and a Comprehensive Cultural Plan. At its December 26, 1989 meeting, the Kent Arts Commission voted unanimously to support this endeavor. Patrice Thorell, Superintendent of Cultural Arts Service for the City introduced Pat Curran, who noted that one year ago Mayor Kelleher appointed a task force to research the possibility of developing a Cultural Arts Center in the downtown area. The committee determined that a feasibility study is necessary along with a comprehensive cultural plan for the City to give direction for the next 10 years. The study would determine whether there was enough support, the financial feasibility, potential audience, potential sites, etc. The Arts Commission supports this request and is working to raise the initial $10, 000. Upon White' s question, Curran noted that the study would include long-term operational costs. HOUSER MOVED to appropriate $10, 000 from the General Fund to match monies being raised locally by the Performing Arts Center Task Force upon successful completion of their $10, 000 fund-raising campaign. Woods seconded. White noted that he had seen the questionnaire and complimented the commission. He stated that he would contribute and supported the study as a means of identifying probable long-term costs. The motion carried unanimously. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through March 30, 1990 after auditing of the Operations Committee at its meeting at 4 : 30 p.m. on April 10, 1990. 12 I April 3 , 1990 FINANCE Approval of checks issued for vouchers: I Date Check Numbers Amount 3-14-90/ 89865 - 89896 $ 283 ,527 . 80 3-29-90 3-30-90 89897 - 90391 955 ,738 . 89 $1, 239, 266. 69 Approval of checks issued for payroll: j Date Check Numbers Amount 3/20/90 132891-133582 $ 781, 633 . 05 REPORTS (REPORTS - ITEM 6E) Public Safety Committee. Mann reminded all that the dedication of the remodeled Fire Station 71 at 504 W. Crow will take place on Saturday, April 7th, at 11: 00 a.m. An open house will follow the ceremonies and all are invited. (REPORTS - ITEM 6F) Parks Committee. Dowell noted that the Parks Committee would meet on Tuesday, April 24th, at 1: 30 p.m. (REPORTS - ITEM 6G) Administrative Reports. Personnel Director Olson stated that the City' s Pay and Classification Consultant, William -Ewing, will make a presentation to the Council at a workshop on April 17 , 1990 from 5: 00 to 6: 15 p.m. Olson noted that the City has 70 requests for reclassifications on hold .and Ewing will address compensation, reorganization, etc. He will also meet with department heads and the management staff. It was clarified that the workshop was for information only. ADJOURNMENT The meeting was adjourned at 9:20 p.m. Marie Jen , CMC City Clerk i I I 13