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