HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/02/1991 I
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Kent, Washington
July 2 , 1991
Regular meeting of the Kent City Council was called to order at
7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell,
Houser, Mann, Johnson, Orr, Woods and White, City Administrator
Chow, City Attorney Lubovich, Planning Manager Satterstrom, Pub-
lic Works Director Wickstrom, Police Captain Jim Miller, Fire
Chief Angelo, Information Services Director Spang, Personnel
Director Olson, Finance Director McCarthy and Assistant City
Administrator Hansen. Police Chief Crawford, Planning Director
Harris and Parks Director Wilson were not in attendance. Approx-
imately 25 people were at the meeting.
PUBLIC In response to a question from the audience,
COMMUNICATION Planning Manager Satterstrom said that the
jresolution presented to the Council at the June 18
meeting regarding the Soos Creek Plan has gone to
the Council Planning Committee and will be brought
back to Council on July 16 . He noted that the
Planning Committee has recommended adoption of the
resolution.
Employee of the Month. Mayor Kelleher announced
that John Hillman of the Finance Department has
been selected as Employee of the Month for July.
Hillman is the Reporting Financial Supervisor in
the Accounting Division, and is known for his
positive attitude and hard work. Finance Director
McCarthy pointed out that Hillman participated in
the Municipal Games sponsored by the City' s Well-
ness Committee, and earned first place in the
Finance Department. He commended Hillman on his
attitude and abilities.
South King Council of Human Services Awards. Rev.
Mary Eckfeldt presented the Human Services Award
to Council President Judy Woods in appreciation
for pioneering the Cold Weather Emergency Shelter.
He noted that in the first quarter over 200 home-
less individuals were housed on evenings when the
temperature went below 35 degrees. He commended
the Council on their leadership.
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Rev. Eckfeldt then presented Lin Ball, Senior
Planner, with the South King Council of Human
Services Award For Involvement in South King
County Social and Health Services By A Government
Organization. He noted that Ms. Ball has been
involved with the Human Services Commission since
1986 when the Council appointed a committee to
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July 2 , 1991
PUBLIC look at the role of human services in the City of
COMMUNICATION Kent and develop policies. He noted that she has
also worked with the Human Services Roundtable and
commended her for her many hours of work.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. Approval of the minutes of
the regular Council meeting of June 18 , 1991.
CONSENT JOHNSON MOVED that Consent Calendar Items A
CALENDAR through J be approved, including the revision on
the 277th Water Main agreement, Item 3G. Woods
seconded and the motion carried.
WATER (CONSENT CALENDAR - ITEM 3G)
277th Water Main Agreement with Auburn.
AUTHORIZATION for the Mayor to sign an agreement
with Auburn to improve the rebuild of the 277th
water main in the road improvement project and for
Kent to reimburse Auburn for costs inherent to the
water main portion, as recommended by the Public
Works Committee and IBC. City Attorney Lubovich
noted a minor revision to Section 6 on Page 2 of
the contract.
(CONSENT CALENDAR - ITEM 3I)
Termination of Easement-SR 515 in the vicinity of
S.E. 228th Street. AUTHORIZATION for staff to
release the easement for a well site on SR 515 in
the vicinity of S .E. 228th Street, as recommended
by the Public Works Committee.
STREETS (OTHER BUSINESS - ITEM 4A)
LID 336. The hearing on the final assessment roll
for LID 336 was closed at the Council meeting of
June 18 , 1991. Adoption of the ordinance confirm-
ing the roll was delayed in order for staff to
address the concern of a property owner. Staff
recommends that the ordinance confirming the final
assessment roll be adopted. WHITE MOVED for the
adoption of Ordinance 2986 confirming the final
assessment roll for LID 336. Woods seconded and
the motion carried.
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July 2 , 1991
TRAFFIC (CONSENT CALENDAR - ITEM 3F)
CONTROL Kent/Des Moines Park and Ride Lot. AUTHORIZATION
for the Mayor to sign the TIB Agreement for
$1, 020, 000 for the design and expansion of the
Kent/Des Moines Park and Ride lot and establish-
ment of a budget for said funding and future TIB
funding for this project, as recommended to the
Public Works Committee.
SOLID (CONSENT CALENDAR - ITEM 3H)
WASTE Coordinated Prevention Grant. AUTHORIZATION to
apply for grant funding from the Department of
Ecology to support the solid waste recycling
coordinated position and to provide the necessary
matching funds in 1992 budget, as recommended by
the Public Works Committee and IBC.
POLICE (OTHER BUSINESS - ITEM 4B)
Remodel of the Library for Police Headquarters.
On June 6, 1991 the Public Safety Committee
recommended adding $600, 000 to the existing Police
Headquarters Remodel budget to be used in remodel-
ing the existing library for police headquarters.
Assistant City Administrator Hansen noted that
this project has been reviewed by the Architect,
the Police Department, the Finance Department, and
Administration, as well as by the Operations and
Public Safety Committees . He noted that if
approved at this time, completion would be antici-
pated in the fall of 1992 , at which time the space
in City Hall could be used for expansion or
possibly a municipal court. He noted for White
that the contingency fund had been raised from 5%
to 10% . MANN MOVED to add $600, 000 to the exist-
ing Police Headquarters Remodel project and to
remodel the existing library for the police head-
quarters. Houser seconded. Upon White ' s
question, Hansen clarified that $400, 000 would
come from the Capital Improvement Fund and
$200, 000 from the Criminal Justice Fund. The
motion then carried.
MUNICIPAL (OTHER BUSINESS - ITEM 4C)
COURT Establishment of a Municipal Court. On June 6,
1991 the Public Safety Committee reviewed the
proposal to establish a municipal court and
recommended that the matter be delayed for
approximately one year for further study. The
CORRECTED - REFER TO 3
MINUTES OF -1b- __
July 2 , 1991
MUNICIPAL Operations Committee reviewed the proposal on June
COURT 25, 1991, supported the proposal and recommended
that the notice to Aukeen District Court required
by 7/15/91 be considered at tonight ' s meeting.
The Mayor pointed out that this item comes to the
Council with conflicting recommendations from the
committees. City Attorney Lubovich noted that
this has been discussed at two workshops, as well
as by the Operations and Public Safety Committees
and the Internal Budget Committee. He noted that
he has determined that it is much more feasible to
operate a court system in City Hall . He explained
that money would be saved on rent, utilities,
equipment and furnishings. He noted that one of
the clerk positions is already being utilized in
the Finance Department. He said that the total
reduced operating budget would be $243 , 400 rather
than $381, 000 as previously listed. He added that
he had raised some of the fees and salaries.
Lubovich noted that he has contacted the County
Administrators Office who acknowledged that if the
City notifies them that they are going to withdraw
from system and later decides they cannot be out
by December 31, it is possible to go back into the
system. He stated that these items can be negoti-
ated with the county. Lubovich noted that the
correct figure for Aukeen Court filing fees is
$310, 000. He recommended that the Council author-
ize the City Attorney to give notice to withdraw
from the Aukeen Court system, to negotiate a ter-
mination date with the County, and to locate the
facility in City Hall when space is available. He
added that implementation issues would be brought
back to the Council for consideration. Lubovich
clarified for the Mayor that with the present
remodeling in the Police Department and Library,
it would be difficult to accommodate a court
system before the end of 1991. Lubovich noted for
Dowell that having a municipal court would not
only save money, but would allow for more control
over such things as scheduling, including the
possibility of holding night court. He indicated
that the City received $487 , 000 last year in fees.
Lubovich explained for White that the Council has
the option of determining whether to elect or
appoint judges. Lubovich proposed preparing a
complete package for the Council for review before
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MUNICIPAL implementation. In response to White' s question
COURT regarding start-up costs, Assistant City Adminis-
trator Hansen noted that modifications would have
to be made to City Hall for use as a court, and
that another concern is space for the court admin-
istrator, clerks and judges. He estimated the
cost to be between $50, 000 and $100, 000 . White
expressed concern about withdrawing from the
Aukeen system with so many unknowns. Hansen noted
that the Library will not be available for use by
the Police Department for fourteen months. He in-
dicated that Aukeen Court is flexible as to when
the court is physically moved into City Hall.
Orr voiced concern regarding parking, traffic,
space, and the income and costs generated by the
use of a collection agency to collect fees.
Lubovich noted that it is possible to give notice
to start on 1/1/93 , but that that is not his rec-
ommendation. He noted also it would be difficult
to put a court system in place in a six-month
period and that a year would be a better time
frame.
Mann noted that after voting at the Public Safety
Committee meeting, he heard comments from the
Police Chief and other Police officers, and has
reversed his position. HE THEN MOVED to give
notice to Aukeen District Court to withdraw from
the court system and establish a municipal court
and to authorize the City Attorney to initiate
negotiations with the County regarding an effec-
tive date for such termination. Houser seconded.
Dowell noted that at the Public Safety meeting,
the decision was to delay the start up of this
municipal court for at least a year. He noted
that the present system is working and that cost
should not be the determining factor in this
issue. Houser noted that the Police Department is
currently putting in a lot of overtime and that a
municipal system could be very organized and effi-
cient. Johnson pointed out that the Council would
simply be authorizing the City Attorney to negoti-
ate a termination date with the County and that
during the negotiation process Kent may decide to
remain in the Aukeen System. Dowell opined that
the decision could be postponed for a year.
Johnson stated that starting the process now would
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July 2 , 1991
MUNICIPAL allow time to fairly evaluate whether or not to
COURT withdraw.
Bill Doolittle, 412 N. Washington, spoke in oppo-
sition to forming a municipal court. He noted
that Auburn intends to withdraw and suggested
studying them for a year.
WHITE MOVED to amend the motion to authorize the
City Attorney to withdraw January 1, 1993 , to
allow time to study the issue. Dowell seconded.
Johnson spoke against the amendment, noting that
by setting a specific date, negotiation power is
taken away. He noted that the Attorney should
negotiate a termination date, which could even be
after January, 1993 . Orr stated that it is not in
the City' s best interest to set a specific date
for withdrawal. Lubovich clarified for her that
until the remodeling process is under way, it is
impossible to determine a date for withdrawal from
the Aukeen system. He added that King County
would prefer a definite date, which could be nego-
tiated. He noted that issues regarding the set up
of a municipal court would not have to come back
to Council unless there is a problem with negotia-
tion. White voiced concern over the appointment
of judges. Lubovich suggested that the motion in-
clude a 1993 start-up date or sooner if it can be
negotiated, which would allow flexibility. He
clarified for the Mayor that issues such as
whether judges would be elected or appointed would
come back to the Council , and that he would
prepare an implementation package.
Woods voiced concern about the time line. Hansen
suggested that Administration prepare for Council
a process outlining the steps that are to be
taken, the timing, and the approximate cost.
White noted that with so many unknowns he cannot
support this and therefore WITHDREW HIS MOTION.
Dowell reminded the Council that there is a fiscal
constraint, and that the present court system is
working, and urged the Councilmembers to vote
against the motion. WOODS MOVED to amend the
motion to give notice to withdraw from the court
system as of January 1, 1993 or earlier if
successful negotiations with the County can be
concluded. Johnson seconded. Mann and Houser
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July 2 , 1991
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MUNICIPAL accepted the amendment as friendly. Mayor
COURT Kelleher clarified for Dowell that notice will go
to the County informing them that Kent intends to
withdraw from the system and that the implementa-
tion date would be January 1, 1993 or earlier.
Houser pointed out that the motion would allow
time to study the issues and that this does not
mean that Kent must withdraw at all. Johnson
stated that the decision as to whether or not to
withdraw could be made after the issues have been
studied and come back to Council. Orr pointed out
that the main motion authorizes set up of a
municipal court. The Mayor said that his inter-
pretation is that the court cannot be implemented
without the issue coming back to Council . He ex-
plained that Woods offered an amendment, Johnson
tried to second, but that before either was
accepted, he asked Mann and Houser if they
accepted the amendment as friendly, which they
did. He said that therefore the original motion
no longer exists and Woods ' substitute motion is
on the floor. WOODS changed her motion to add
that the Council make the final decision on
authorizing a municipal court.
Mann stated that the Council should form a
municipal court. Dowell reiterated that the
county system works, and reminded the Council-
members of the projected $4 , 000, 000 budget
deficit. He encouraged the Council to vote
against the motion. Judge Darrell Phillipson
noted that the court has been understaffed and
underfunded for quite some time, but that the
County recently hired eight new clerks. He added
that the County is waiting to find out whether or
not Kent will remain in the system before they add
another judge. He said that if Kent sets a termi-
nation date, the judge will probably go to another
city, and if the City decides to stay in the
district court system, they will not have the
additional judge. He added that the City would
also not be favorably looked upon as a site for
the Law, Safety and Justice Center. He suggested
the City not proceed until facts and figures are
available.
The Mayor clarified that the motion is to give
notice before the July 15th deadline that it is
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July 2 , 1991
MUNICIPAL Kent' s intention to withdraw from the court
COURT system, to set a target date of January 1, 1993
for implementation with the provision that it can
be sooner if successful terms can be negotiated
with the County, and that no implementation will
occur unless it comes back before the City Council
for final approval. The motion carried with
Houser, Johnson, Mann and Woods in favor, and
Dowell, Orr and White opposed.
MANAGEMENT (OTHER BUSINESS - ITEM 4D)
STUDY City Management Study Committee Recommendations.
The recommendations from the Management Study
Committee have been finalized and reviewed by the
Operations Committee who recommend acceptance,
with the implementation schedule to be determined.
Assistant City Administrator Hansen noted that if
adopted, Administration would review each proposal
with the appropriate Council committee and bring
them back to Council for final approval. He added
that because of budget impacts, some of the recom-
mendations may be postponed.
HOUSER MOVED to accept the Management Study
Committee recommendations with implementation to
be phased in as funding becomes available. Mann
seconded. WHITE MOVED that the Management Study
from the Warner Group be made a part of the
record. Houser seconded and the motion carried.
Houser noted for White that many hours were spent
studying this issue, and that the 3 1/2 page docu-
ment before the Council is a list of the basic
recommendations. The Mayor noted that some of the
issues were changed in response to concerns raised
by City departments. Hansen noted for Dowell that
although $100, 000 was appropriated for the study,
the goal was to not exceed $50, 000. He explained
that $52 , 722 has been spent to date, with one out-
standing bill . He also noted that filling the
recommended positions would cost approximately
$205, 000.
White questioned why the proposal prepared by the
Warner Group was not brought to the Council in a
public meeting. Hansen explained that the Mayor
had appointed a Management Study Committee which
consisted of three Councilmembers, the Operations
Committee, three members of the Chamber of
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July 2 , 1991
MANAGEMENT Commerce, Finance Director McCarthy, Planning
STUDY Director Harris and himself. He explained that
their purpose was to condense the results and make
a recommendation to the Council. White voiced
disapproval of the process used, saying that a
public presentation by the consultant should have
been made. Houser pointed out that many meetings
were held on this issue, and that anyone who was
interested could attend.
The motion to accept the Management Study Commit-
tee recommendations then carried with White
opposing.
PARKS & (CONSENT CALENDAR - ITEM 3E)
RECREATION Companion Artwork for Council Chambers. APPROVAL
to commission artist Dana Boussard to create a
companion artwork for "Spirit Song" , the fibre
artwork in the Chambers East. The new artwork
would be about the same dimensions and of similar
color scheme and subject matter as "Spirit Song" .
It would be placed on the walls in back of the
Council dais.
(CONSENT CALENDAR - ITEM 3J)
Riverwalk Park. ADOPTION of Resolution 1287
authorizing application to Aquatic Lands Enhance-
ment Account, a division of Department of Natural
Resources, for a $75 , 000 grant to be matched by
$25, 000 Open Space Bond Issue funds, as recom-
mended by the IBC.
(BIDS - ITEM 5A)
Interurban Trail - Green River Bridge. Bid
opening was held on June 18 , 1991, with eleven
bids received. The low bid was submitted by
Caicos Corporation of Bainbridge Island in the
amount of $333 , 333 . 00. DOWELL MOVED that the
contract be awarded to Caicos Corporation for the
Interurban Trail - Green River Bridge project.
White seconded. Upon Orr' s question, Patrice
Thorell of the Parks Department explained that
there are contingency funds available for unanti-
cipated or changed conditions during construction
and other costs. The motion then carried.
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BUDGET (CONSENT CALENDAR - ITEM 3C)
1992 Budget Priorities. AUTHORIZATION to set July
16, 1991, as the date for a public hearing to
receive input prior to developing the 1992 Budget.
CAPITAL (CONSENT CALENDAR - ITEM 3D)
IMPROVEMENT 1992-1997 Capital Improvement Program.
PROGRAM AUTHORIZATION to set July 16, 1991, as the date
for a public hearing to receive comments on a
balanced 1992-1997 Capital Improvement Program.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. Approval of payment of the
bills received through July 1, 1991 after auditing
by the Operations Committee at its meeting at 4 : 45
p.m. on July 9 , 1991.
Approval of checks issued for vouchers:
Date Check Numbers Amount
6/17-6/28/91 106470-107029 $1, 278 , 005. 65
Approval of checks issued for payroll:
Date Check Numbers Amount
7/5/91 01157078-01157861 $ 614, 939.91
REPORTS Council President. Woods noted that the next
meeting of the Suburban Cities will be July 10 in
Bellevue, and that the meeting in August will be
held in Federal Way. She also noted receipt of an
invitation from the King County Library System to
an event in Des Moines on July 17 .
Public Works Committee. White asked that Council-
members planning to attend the National League of
Cities Congress of Cities and Exposition in
December make their reservations by mid-July.
Parks Committee. Dowell noted that because of the
absence of two members, the committee did not
discuss the golf course audit at their last
meeting.
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July 2 , 1991
EXECUTIVE At 9 : 05 p.m. , City Attorney Lubovich announced an
SESSION executive session of approximately five minutes to
discuss a personnel and litigation matter.
ADJOURNMENT The meeting reconvened and adjourned at 9 : 15 p.m.
Brenda Jacober,CMC
Deputy City Clerk
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