HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/15/1990 i
Kent, Washington
May 15, 1990
Regular meeting of the Kent City Council was called to order at
7: 00 p.m. by Mayor Pro Tem/Council President Woods. Present:
Councilmembers Dowell , Houser, Johnson, Mann, White and Orr, City
Administrator Chow, City Attorney Driscoll, Planning Manager
Satterstrom, Public Works Director Wickstrom, Police Chief
Frederiksen, Fire Chief Angelo, Assistant City Administrator Hansen,
Parks Director Wilson, Finance Director McCarthy, Information Services
Director Spang, Personnel Director Olson and City Clerk Jensen.
Mayor Kelleher was out of town and Planning Director Harris was ill.
Approximately 70 people were at the meeting.
PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1A)
COMMUNICATIONS National Public Works Week. Mayor Pro Tem/Council
President Woods read a proclamation which notes that
the health, safety, and comfort of this community
greatly depends on public works facilities and
services and declared the week of May 20 - 26, 1990
to be National Public Works Week in the City. The
proclamation was presented to Public Works Director
Wickstrom.
(PUBLIC COMMUNICATIONS - ITEM 1B)
Kiwanis Club of Kent - 60th Birthday. Mayor Pro
Tem/Council President Woods noted that on May 16,
1990, the Kiwanis Club of Kent celebrates its 60th
year of community service to Kent and its citizens
and read a proclamation declaring May 16, 1990 as
Kiwanis Club of Kent - 60th Birthday in Kent.
(PUBLIC COMMUNICATIONS - ITEM 1C)
Law Enforcement Torch Run for Special Olympics.
Mayor Pro Tem/Council President Woods announced that
more than 1300 law enforcement officers from
departments across Washington State will relay
Special Olympics Torches more than 1, 000 miles
between May 28 and June 1, 1990, and that City of
Kent Police Officers will carry the Special Olympics
Torch through the City at approximately 1: 00 p.m. on
Friday, June 1, 1990. She also noted that the City
of Kent Police Officers are raising funds from
business owners and residents for this project. She
then read a proclamation declaring the week of May
28 through June 3, 1990 as Law Enforcement Torch Run
for Special Olympics Week in the City of Kent and
urged the citizens and business owners of Kent to
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May 15, 1990
PUBLIC help support the Kent Police Officers in their fund
COMMUNICATIONS raising and torch carrying efforts. The
proclamation was presented to Chief Frederiksen and
Lt. Everett.
(PUBLIC COMMUNICATIONS - ITEM 1D)
Police Memorial Day. A proclamation was read
declaring the week of May 14 - 18, 1990 as National
Police Week and May 15, 1990 as Police Memorial Day
in the City of Kent. Mayor Pro Tem/Council
President Woods noted that every two days an
American police officer will be killed in the line
of duty somewhere in the United States and 136
officers will be seriously assaulted in the
performance of their duties. She urged all citizens
to make every effort to honor, appreciate and
express their thanks to our men and women who make
it possible for us to leave our homes and family in
safety each day and to return to our homes knowing
they are protected. The proclamation was presented
to Chief Frederiksen and Lt. Everett.
Mayor Pro Tem/Council President Woods introduced
Senator Eleanor Lee, who represents the 33rd
District and welcomed her to the meeting.
CONSENT WHITE MOVED that Consent Calendar Items A through J
CALENDAR be approved except for Item D which was removed by
Dowell. Houser seconded and the motion carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
_Approval of Minutes. APPROVAL of the minutes of the
Council meeting of May 1, 1990.
HEALTH AND (CONSENT CALENDAR - ITEM 3F)
SANITATION Cypress Inn. ACCEPTANCE of the bill of sale and
warranty agreement supplied by Charles B. Harris for
continuous operation and maintenance of
approximately 275 feet of water line, 325 feet of
sanitary sewer, 195 feet of curb, gutter and
sidewalk, 270 feet of asphalt concrete and 28 feet
of storm sewer constructed in the vicinity of
84th Avenue South and South 222nd Street for the
Cypress Inn at Kent project, and release of cash
bond after expiration of the one year maintenance
period.
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May 15, 1990
SEWER (OTHER BUSINESS - ITEM 4B)
Metro Sewerage Disposal Agreement. This item was
discussed at the Public Works Committee meeting on
January 9th.
Metro is seeking a contract amendment essentially to
implement a change in the residential customer
equivalency value which is used as a basis for
charging non-residential customers. This change
would increase Metro' s bill to the City by $160, 000
per year. The Public Works Department, while
supporting the change, recommends tabling any action
thereon until a determination of the City's
financial exposure per the cleanup of the abandoned
sewage lagoon is known. Metro was the
owner/operator of the lagoon from 1967 to 1976 and
as such, may have some participating financial
responsibility thereto. Therefore, any and all
negotiation points should be preserved.
Wickstrom noted that Metro's contract cannot be
amended unless they have approval from 100% of their
contracting agencies. If the City of Kent does not
approve the contract, they would not be able to
implement this rate change. He said that the City
is faced with the potential cleanup of the lagoon at
great expense. He noted that this is a regional
issue and there will be regional pressure to sign
the contract.
WHITE MOVED to withhold any action on the Metro
Sewerage Disposal contract and amendment at this
time. Johnson seconded and the motion carried.
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STREETS (PUBLIC HEARING - ITEM 2B)
LID 330 - 64th Avenue South Street Improvements.
May 15 has been scheduled for the public hearing on
confirmation of the final assessment roll for LID
330 and proper legal notice has been given. The
Director of Public Works will describe the project
and manner of assessments.
Wickstrom described the project and the manner of
assessments and noted that a protest had been
received from Maurice Peterson of Bridgewater II,
representing an assessment of $13 .00, and that
Corporate Park Investors has indicated they need
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May 15, 1990
STREETS more time to review the assessments. Wickstrom
noted that continuing this item to the next Council
LID 330 meeting would not create a problem. He asked that
if this item is held over, that the award of the bid
for this project also be held over. Wickstrom
determined for White that the LAKES portion of the
LID is not in bankruptcy. Upon Mann's question,
Wickstrom stated that the bike route is through the
Frager and Russell Road area, and that there is also
a bike route on James Street. He noted that the
Public Works Committee is aware that The Lakes
includes a bike route on both sides of those
streets, with the idea of tying that to S. 228th and
taking it over to Russell Road as the north-south
bike route.
Mayor Pro Tem/Council President Woods declared the
public hearing open. Jack Bennett, Corporate
Property Investors, 20206 72nd Avenue South, noted
that he has spoken with the Engineering Department
regarding their assessments (Nos. 21 and 22) . He
asked for additional time to evaluate the impact of
the assessments, since the final assessment roll
reflects a substantial increase over what was
previously budgeted, and requested a continuance of
the hearing until the next Council meeting.
Wickstrom clarified that Peterson's assessment is
for the traffic signal system. Peterson's letter
has been filed for the record. WHITE MOVED that
this hearing be continued until the June 5th
meeting. Houser seconded. The City Attorney noted
Council for White that next Council meeting will be held at
Meeting Sunnycrest Elementary School, 24629 42nd Avenue
Place South, on June 5th. Woods stated that the meeting
will begin at 6 : 00 p.m. and that the subject of the
Nike Manor Nike Manor Housing would be the first order of
business. The motion carried.
(BIDS - ITEM 5B)
LID 330 - 64th Avenue Street Improvement. Bid
opening on this project was held April 17th, with
eight bids received. Since the public hearing on
this project was continued to the next Council
meeting, this item was removed from tonight's agenda
and will be presented on June 5th.
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May 15, 1990
STREET VACATION (PUBLIC HEARING - ITEM 2A)
Street Vacation No. STV-90-3 - Portion of
78th Pl. S. This public hearing will consider a
request by South 202nd Associates of Bellevue to
vacate a portion of 78th Pl. S. Proper legal notice
has been given by the City Clerk. Staff has
recommended approval without conditions.
Mayor Pro Tem/Council President Woods opened the
public hearing. There were no comments from the
audience and WHITE MOVED to close the public
hearing. Mann seconded and the motion carried.
JOHNSON MOVED to approve Street Vacation
No. STV-90-3 as recommended by staff and to direct
the City Attorney to prepare the necessary
ordinance. White seconded and the motion carried.
WATER (OTHER BUSINESS - ADDED ITEM 4E)
Kent Springs Transmission Main. Charles Kiefer of
the East Hill Citizens' Alliance stated that he had
received answers to his questions at the Public
Works Committee meeting. He had not received an
answer to his May 3rd request that Harris withdraw
the DNS for this project. It was agreed that Kiefer
would make an appointment with Fred Satterstrom of
the Planning Department. Ron Allen stated that no
one had received his permission to drain the line
into his pond and asked the significance of the
drain valve. Wickstrom determined that the line
would not be drained into the pond and he would send
Allen a letter to that effect, and further, that we
are talking about a plan only. It was agreed that
the letter would be sent and then the plan studied.
TRAFFIC CONTROL (OTHER BUSINESS - ADDED ITEMS 4F AND 4G)
S. 272/277 Corridor.
Betty Taylor of 27627 127th SE, also a member of the
Alliance, stated that the City was attempting to
stifle East Hill residents, that proper notification
had not been given and that the plans were
constantly changed as to the selection of a route
for the corridor. She stated that Transportation
Engineer Nizlek had not allowed citizens to speak.
Upon Woods ' question, City Attorney Driscoll pointed
out that she had advised Council they should not
receive input from the public during the
environmental review process, in case they later had
to hear appeals.
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May 15, 1990
TRAFFIC CONTROL Driscoll noted that the SEPA process could be
discussed only a general manner and that discussion
S. 272/277 of this particular project might lead to a potential
Corridor violation of the "appearance of fairness doctrine"
or a claim of that. Johnson objected to Taylor' s
charge that proper hearings were not held, noting
that, in addition to the "scoping" hearing, the
Alliance itself had had a meeting and a real estate
firm had had another. He asked if there was
anything to prohibit scheduling something like a
scoping meeting for further input. Driscoll stated
that this could be done at a department level .
Wickstrom stated that the draft EIS should be issued
late in July and that prior to that, another meeting
would be held for which notice would be published
and also mailed to all who have signed up. Comments
on the draft are taken for 30 days, they are
answered and become a part of the draft EIS.
Driscoll noted that the law allows citizens to
petition for a public hearing in the draft. She
pointed out that no decisions have been made and
these would come to Council after the final EIS is
out, estimated to be late in 1990. The appeal
process then starts. Woods suggested that the City
provide maximum opportunity for public input all
along the way. Orr asked how many meetings were
held. Wickstrom noted the initial scoping meeting
and one formal meeting, with one more planned before
the draft is released.
Upon questions, Wickstrom determined that one
scoping meeting is required and that notice was
published in the paper as well as 4, 000 notices
mailed to individuals and that although the tapes
were garbled, minutes were available.
Taylor asked how the three suggested routes were
chosen of the 10 original alternatives. She said
that the Alliance questions the way this matter has
been handled from the very beginning. It was
determined that Council had been cautioned to
observe the "appearance of fairness" doctrine.
Taylor stated that many in the area were not
notified. White suggested that Taylor work with the
City Attorney' s staff to determine who should be
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May 15, 1990
TRAFFIC CONTROL notified. Taylor asked if this would be called a
"scoping meeting" and Johnson noted that it was not
S. 272/277 necessary to start the SEPA process over inasmuch as
Corridor another hearing was to be held before the draft EIS
was issued. He pointed out that the information
gathering phase was still in process. He agreed
with White that the City was sensitive to notifying
the public, and often exceeded the legal
requirements in this area. He MOVED to direct staff
to set up another public meeting as part of this
process so staff can hear some of the concerns.
White seconded and stressed the importance of proper
notification. Mann proposed that the meeting be
videotaped and this was considered a friendly
amendment. Orr suggested that someone from the
City' s legal staff could attend the meeting to
explain why some questions were not proper. It was
clarified that Taylor was concerned with the
Procedure, not necessarily with the project. Dowell
pointed out that the Council could not put itself in
the position of having heard arguments for or
against the project prior to the proper time for the
Council to consider this project. The motion was
restated by the City Clerk and then carried
unanimously.
Laurie Miller of 10997 SE 284th asked when the
citizens in the area of the proposed corridor should
have spoken. Johnson stated that this is a proposed
joint project with Auburn and this is the
information gathering process. Concerns could also
have been directed to King County. Wickstrom
determined further for Gay Fournier of
28261 108th SE that the SEPA process began at the
scoping hearing in October, 1989. She asked when
the Council became aware they should not discuss
this project. Driscoll noted that she had so
advised the Council when the petition was given to
the Clerk at the Council meeting of April 17, 1990.
The Clerk will forward the petition to the
Department of Public Works as part of the draft EIS.
It was determined for Fournier that if the Council
members received mail on this subject, it should be
filed for the public record. Johnson noted he had
answered a letter of Fournier's but had cleared it
with the City Attorney's office. Chris Clifford of
2721 Talbot Rd. S. , asked if information from the
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TRAFFIC CONTROL next public meeting will be addressed in the draft
which is being prepared now. Wickstrom stated that
S. 272/277 if new information is submitted, the draft could be
Corridor delayed to include same. White noted that the
Council had to live within the rules and guidelines
established.
Bill Joy of 28183 109th SE, stated he had a letter
from Wickstrom and Nizlek containing a file list for
public disclosure - 272/277 dated April 16, 1990.
He asked for the letter at the Public Works office
and learned that only those who requested
information on this project had received copies. He
had not been sent a copy and stated that he thought
all those concerned about the project should be sent
a copy. Wickstrom noted that the list was
approximately 400 names. HOUSER MOVED to send the
letter to all. White seconded and the motion carried.
HAZARDOUS (OTHER BUSINESS - ITEM 4C)
WASTE Local Hazardous Waste Management Plan - Resolution.
In compliance with State law, local governments are
to prepare a Local Hazardous Waste Plan. The
February 1989 Local Hazardous Waste Management Plan
for Seattle-King County is a joint plan for King
County and its cities, including Kent.
Wickstrom noted that the plan sets up programs and
facilities for the collection of hazardous waste
from households and from commercial-type operations
which generate small quantities of hazardous waste.
It also establishes a public education program, a
technical assistance program, a survey program, a
temporary subsidized program for small quantity
generators, and an enforcement program. He stated
that the goal is to keep hazardous waste out of
drainage and sewerage systems and landfills.
Wickstrom pointed out that the financial impact to
the City would be $102, 000. He also noted that this
needs to be approved by June 1 in order to be
counted into the adoption of the plan. WHITE MOVED
to adopt Resolution 1222 approving the Local
Hazardous Waste Management Plan as amended and with
specific contingencies, as reflected in the Public
Works Director' s memorandum to the Public Works
Committee. Mann seconded. White said that though
the City is mandated to adopt the plan, they are
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May 15 1990
HAZARDOUS then faced with over $100, 000 in cost to the
WASTE citizens. He pointed out that this resolution would
give Suburban Cities a voice in what happens.
Wickstrom noted for Dowell that the increase will
appear on utility bills in 1991. The motion then
carried.
HOUSING (CONSENT CALENDAR - ITEM 3D)
REMOVED BY COUNCILMEMBER DOWELL
Housing opportunity Fund Grant Application. The
Planning Department requests AUTHORIZATION of an
Senior application for King County Housing Opportunity Fund
Citizen (HOF) money, to further the 92 unit Kent Senior
Housing Housing Bond Project. If awarded, the grant money
Bonds will enable the City to build additional senior
housing units for the frail elderly. Kent City
Council authorization of the application needs to be
forwarded to King County to be considered as part of
the application review.
Planning Manager Satterstrom clarified for Dowell
that if the City were to receive funds under this
grant, they would have the option of providing
congregate care within senior housing, and that the
exact type of care has not yet been determined.
DOWELL MOVED for passage of this item. White
seconded and the motion carried.
SUBDIVISION (CONSENT CALENDAR - ITEM 3E)
Walnut Grove Preliminary Subdivision No. SU-90-2 .
AUTHORIZATION to set June 5 for a public meeting to
consider the Hearing Examiner's recommendation of
conditional approval of an application by
Kerr-Built, Inc. for a 22 lot single family
residential preliminary subdivision. The property
is approximately 6. 1 acres in size and is located
east of 94th Ave. S. , west of 96th Ave. S. , south of
S. 241st St. , and north of S. 243rd St.
ZONING CODE (CONSENT CALENDAR - ITEM 3J)
20% Multifamily Density Reduction. ADOPTION of
Ordinance 2924 repealing Ordinance 2788.
At the initiation of the Housing Element Work
Program, the City Council adopted Ordinance 2788 ,
which reduced multifamily residential densities by
20 percent. The ordinance was intended to be an
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May 15, 1990
ZONING CODE interim measure to be in effect only until such time
as the Comprehensive Plan Housing Element Update was
completed and the accompanying zoning amendments
were enacted.
The Housing Element Study has been completed and as
a result the City Council passed Ordinances 2901,
2902 , 2903 , 2904, and Resolutions 1230 through 1237 .
These ordinances and resolutions obviate the need
for the interim measures enacted by Ordinance 2788 .
LIBRARY (BIDS - ITEM 5D)
Library - City/County. Jim Hansen noted that bids
for the new library were opened on May 14th. The
low bid was from Eberharter Construction Co. in the
amount of $2 , 524, 000 for the base bid with
Alternatives 1, 2, 3 , 7, & 8 and taxes bringing the
total up to $2 ,815, 150. The bid exceeds the budget
but it is recommended the City increase its budget
by $430, 000. McCarthy explained that the budget
change to cover this increase will be bourne by the
Library District since past budget changes based on
additional interest have inadvertently only
increased the City's share. The total budget .
interest of $413 , 159 should have reflected a like
interest in the Library District's contribution.
HOUSER MOVED to modify the construction portion of
the overall Library Budget from $3 , 750, 000 to
$4 , 180, 000 and to accept the bid of Eberharter
Construction Company for $2,524 , 000 and Alternatives
1, 2, 3 , 7, & 8 and taxes totalling $2 ,815,150.
Mann seconded. Dowell asked McCarthy if the entire
difference of $430, 000 was to be paid by the Library
District and he answered that it was. The motion
then carried.
SISTER CITY (OTHER BUSINESS - ITEM 4A)
Kent-Kherson Peace Park. The name of the Old City
Hall Park is being changed to Kent-Kherson Peace
Park in honor of Kent's Sister City. According to
Resolution 1049, parks may be named giving
consideration to Sec. 3 . 3 Criteria: historical or
cultural significance. Sec. 4 . 3 Procedure: allows
for a six month time lapse between receipt of a name
proposal and the final recommendation. Due to
project timelines and volunteer involvement in the
building of the park, the Parks staff recommends
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May 15, 1990
SISTER CITY waiving the six month period and accepting Kent-
Kherson Peace Park as the official name of the park.
Parks Director Wilson noted for White that
volunteers plan to build the park on June 2, 1990.
DOWELL MOVED to adopt Kent-Kherson Peace Park as the
official name of the park located at Second Ave. S.
and W. Gowe St. , formerly Old City Hall Park. White
seconded and the motion carried.
FIRE (BIDS - ITEM 5E)
Radio Tower System. Bid opening was held on May 14
with two bids received, both exceeding the project
estimate. Chief Angelo recommended that the bids be
rejected, the specifications rewritten, and the
project rebid. MANN SO MOVED. Dowell seconded and
the motion carried.
EQUIPMENT (BIDS - ITEM 5C)
RENTAL Aerator for Parks Golf Complex. Bid opening was
held April loth for a golf course greens aerator
with the only bid submitted by Western Equipment in
the amount of $10, 614 .34 . Staff recommends that
this bid be accepted. DOWELL SO MOVED. Mann
seconded. McCarthy noted for Houser that this item
is in the budget. The motion carried.
PUBLIC SAFETY (BIDS - ITEM 5A)
Writing Surfaces. One bid was received on
April 30, 1990 for writing surfaces for the East
Hill Complex. The bid was from Weyel International.
Staff recommends that the bid be awarded to Weyel
International in the amount of $26, 318.18 . DOWELL
SO MOVED. Houser seconded and the motion carried.
PERSONNEL (OTHER BUSINESS - ITEM 4D)
AFSCME - Washington State Council of County and City
Employees, Local 21-K - Contract. Personnel
Director Olson announced that the City and AFSCME -
Union Washington State Council of County and City
Employees, Local 21-K, have arrived at a settlement.
He pointed out that this is a first time ever
contract for employees of the City Finance
Department. Olson explained the provisions of the
contract. The Attorney advised, upon questions from
White and Woods, that it is not necessary for this
item to go to a committee for approval. MANN MOVED
that the contract be signed. Houser seconded and
the motion carried.
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May 15, 1990
POLICE (CONSENT CALENDAR - ITEM 3C)
Municipal Court Feasibility Study. ADOPTION of the
Interlocal Agreement between the Cities of Kent and
Auburn for a study of the feasibility of
establishing a municipal court. This study will be
done in conjunction with the City of Auburn, but
will specifically address the feasibility for each
individual city. The maximum amount of the contract
will be $8, 000 to be split equally by the cities.
The report will be due to each city by July 16,
1990.
(CONSENT CALENDAR - ITEM 3I)
crime Prevention. ACKNOWLEDGEMENT of the donation
of $165. 00 from Mitzel 's American Kitchens to the
D.A.R.E. program.
(OTHER BUSINESS - ADDED ITEM 4H)
Drug Free Zones. Johnson distributed copies of a
proposed resolution implementing enhanced penalties
for unlawful drug activities in areas around schools
and school bus route stops. HE MOVED that the
resolution be referred to the Public Safety
Committee. White seconded and the motion carried.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. APPROVAL of payment of the bills
received through May 21, 1990 after auditing by the
Operations Committee at its meeting at 4 : 30 p.m. on
May 22 , 1990.
Approval of checks issued for vouchers:
Date Check Numbers Amount
5/1 - 5/10/90 91517 - 91549 $ 104 , 938. 39
5/15/90 91550 - 92000 1, 049 , 090. 18
$1, 154 , 028.57
Approval of checks issued for payroll:
Date Check Numbers Amount
5/4/90 134975 - 135666 $882 , 654 .20
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May 15, 1990
FINANCE (CONSENT CALENDAR - ITEM 3G)
Banking services Contract. AUTHORIZATION to accept
the proposal and to enter into contractual agreement
for banking services with U.S. Bank of Washington.
The agreement will be for a three year contract with
an option to extend. U.S. Bank was one of four
banks who submitted proposals and theirs offered the
lowest monthly cost to the City. The cost proposed
was $2 , 377 .40 per month based on specified volumes.
This amount was approximately $470 per month less
than current charges. A contract between the City
and U.S. Bank will be reviewed by the City Attorney
prior to obtaining the Mayor' s signature.
(CONSENT CALENDAR - ITEM 3H)
Golf Complex Merchandising Budget. AUTHORIZATION of
a budget change for the expenditure of funds
Parks primarily to purchase golf merchandise and
AUTHORIZATION of a line of credit to cover deficit
cash positions.
At the May 1 Council meeting, the City Council
authorized the Parks Department to operate the golf
complex concessions from now through 1992. In order
to implement this arrangement, a budget change
authorizing the expenditure of funds primarily to
purchase golf merchandise needs to be made. This
budget change of $241, 046 is offset by $342,456 in
additional revenues. In addition, a line of credit
loan is required up to $300, 000 to cover deficit
cash balances on a month to month basis.
REPORTS (REPORTS - ITEM 6B)
Council Chambers Repairs. Hansen noted that this
item has been discussed in the past, and that
recently an alternative was developed which would
address just the minimum needs. He explained that
the alternative includes removing the dias from the
back of the room which would create space for a
meeting area, or could be used for additional
seating. It would also include removing one row of
benches so that a microphone could be placed in the
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May 15, 1990
jFINANCE center of the room for easier access for citizens
who wish to speak. This alternative also includes a
Council sound system, as the current sound system is faulty.
Chambers He explained that the cost would be $20, 000, which
Repair includes new carpeting for the entire room.
(REPORTS - ITEM 6E)
Public Safety Committee. Mann invited everyone to
the dedication of the West Hill Fire Station at
26512 Military Road South. The ceremony will be on
May 19th at 11: 30 a.m.
ADJOURNMENT The meeting was adjourned at 9: 30 p.m.
Marie en en CMC
City C k
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