HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/19/1980 1,ent, Washington
May 19, 1980
Regular meeting of the Kent City Council was called to order at
8: 00 o 'clock p.m. by Mayor Hogan. Present: Coun.cilpeLons
Bailey, Carey, B. Johnson, J. Johnson, Masters , McCaugh�. ;. and
Mooney, City Administrator Cushing, City Attorney Mirk, Planning
Director Harris, and .Public Works Director Wickstrom. Approxi-
mately 15 people were in attendance at the meeting.
CITY { r, KENT Mayor Hogan noted that the City of Kent would
be celebrating its 90th year of incorp6rAt�iA
May 28, 1980. She presented some Qf '`thie fri
lights of the City ' s history as prppArxjL_hv__
the City C l e.rk. ! ...... .... ,,..w.
':)NSENT B. JOHNSON MOVED that. Consent Calendar Items A
t �LEi ?AR through K be approved, Bill. Carey seconded.
Motion carried.
h11NT TES (CONSENT CALENDAR ITEM 5A)
Approval of Minutes. APPROVAL of the minutes of
the regular Council meeting of May 5, 1980.
11!17ALTH & (CONSENT CALENDAR ITEM 5D)
A_^IT_T�TION Air Injector Station - Change Order. APPROVAL
of the request of Omega Contractors for a change
order in the amount of $1393 in their contract
for the Air Injector Station constructed at 12000
Kent-Kangley Road.. The Change Order_ reflects
the additional requirp-d by the State in
order to obtain City ' s Permit for access
to Kent-Kangle;: anci f,,.)r s��:re valve changes re-
quired in the far7.l_it�7 and has bot=..rn reviewed
.)y the Engir . inz i ;_)eo. rtment as to accuracy.
" t 51;)
--tor
t ( 7t iJ_etio.rt. ACCEPTANCE of
' ,LL con as complete for
C): t Y i iC ., tl.l (_, T% L' inj ee..: for Station at
);) , i�cV rl. 'Nhtl, construction of the
I tat?_:.}n ie - ed to supply the
oxygen the torce, main t:o prevent
,ormation of. `,,cirorfen sulfide gas which,
J. : � ery 4:'.'.orrc:,`=l've and
The
May 19, 1980
HEALTH & Engineering Department has recommended acceptance
SANITATION and RELEASE of the retainage upon receipt of the
necessary releases from the State. (Total. cost:
of the project is approximately $31,608. 95 and
the amount bid was $30, 142.13, including tax.)
STREETS (CONSENT CALENDAR ITEM 5G)
Reiten Road Asphalt Overlay and Storm Drainage
Improvements. ACCEPTANCE of the contract of
CORRECTED - REFER TO Frank Coluccio Construction as complete, as
recommended by the Engineering Department, for
INUTES OF the asphalt overlay and storm drainage improve-
ments on Reiten Road from Maclyn Street to Maple
Street and RELEASE of the retainage upon receipt
of the necessary releases from the State. (The
original bid was for $91,054 and the total cost
of the project including tax is $107, 054.97.)
(CONSENT CALENDAR ITEM 5H)
Bill of Sale - Court III Apartments Utility
Extensions. ACCEPTANCE of the Bill of Sale
for approximately 570 feet of street improve-
ments and 601 feet of water main extension
constructed for Court III Apartments in the
vicinity of 64th Avenue S. and Smith Street
and RELEASE of the cash bond after expiration
of the guarantee period and payment of any
outstanding bills against the project.
42nd Avenue Street Improvement Project. This
project consists of completing the west half
of 42nd Avenue S. from S. 250th to S. 253rd.
To date the City has completed negotiations
and acquired right of way on all but one par-
cel of property involved in this project.
Negotiations have reached a stalemate on this
one parcel. The Department of Public Works
recommends that the Council authorize the con-
demnation for necessary right of way. Accord-
ingly, B. JOHNSON MOVED to adopt Ordinance No.
2226 providing for the necessary condemnation
for acquisition of right of way for the 42nd
Avenue S. Street improvement project. Masters
seconded. Motion carried.
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May 19, 1980
DRAINAGE (CONSENT CALENDAR ITEM5F)
Acquisition of P-1 Channel Property. At the
December 17, 1979 Council meeting, it was recom-
mended that staff proceed with the negotiations
for the acquisition of the property located south
of S. 218th and adjacent to SR 167 on the west
side. The property owner had previously fllctd
a lawsuit against the City for approxi-mately
$100, 000 as the City would not issue a building
permit for the property. Through negotiations
by the attorneys, a value of $47, 000 was estab-
lished. $40, 000 of this amount is budgeted froln
the grant matching funds and the Public Works
Department is proposing to transfer the remaining
$7,000 from the 1979 unexpended Street Department
funds. AUTHORIZATION is given to proceed with
the acquisition of the p-1 Channel property.
WATER (CONSENT CALENDAR 'ITEM 51)
Water Facilities Telemetry System. ACCEPTANCE
of thecontract of Stead & Baggerly as complete
on the Water Facilities Telemetry system which
consisted of installing telemetering and trans-
mitting and receiving equipment for the Kent
water system from nine remote locations to the
City shops, and RELEASE of the retainage upon
receipt of the necessary releases from the State.
(The original. bid for the project was $1.02,000
and the total cost is $130, 535.15, including
tax. )
(CONSENT CALENDAR ITEM 5J)
West Hill Reservoir. The Director of Public Works has been informed that the Department of
Social & Health Services might possibly have
some "turn-back" money available for water pro-
jects for which applications are now being
accepted. AUTHORIZATION is given for the Direc-
tor of Public Works to apply for Referendum 27
funds in the amount of $100, 000 for construction
of the West Hill Reservoir, located at 36th Ave-
nue South and South 244th, even though funds may
not be available.
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May 19, 1980
WATER (CONSENT CALENDAR ITEM 5K)
Water Consortium Agreement. AUTHORTZuk=T for
the Mayor to sign the agreement prepared by the
Public Works Department for the formation of
the Water Consortium between Kent, Water District
105 and Water District 111. Kent would be assum-
ing the lead agency status in making application
for funding and it has been determined that the
cost of implementing the consortium would be
approximately $156, 000 with Kent 's share totaling
about $76,440.
(CONSENT CALENDAR ITEM 5C)
East Hill Well Construction. ACCEPTANCE of the
contract of Burt Well Drilling for the drilling
and testing of the East Hill Well located at
104th Avenue S.E. and S. 248th Street and RELEASE
of the retainage upon receipt of the necessary
releases from the State. (The total project cost
is $44, 504.04, including tax, and the original
bid amount was $39, 964. 26. )
Water Conservation Ordinance. A proposed Water
Conservation ordinance was reviewed by the Council
at the April 14, 1980 workshop. At the May 5,
1980 Council meeting a public hearing .was held
and concluded. The proposed ordinance was referred
to the Public Works Committee meeting of May 7,
1980 to consider the Mayor 's suggestion that a
section be added stating that building permits
would not be issued in the event of a water short-
age until such time as an adequate supply of
water existed. The Public Works Committee deter-
mined that not issuing building permits at the
time of a water shortage would not result in
conservation of water inasmuch as the shortage
would be created by the permits already issued.
It was the recommendation of the Public Works
Committee that the Water Conservation ordinance
be adopted as written. McCAUGHAN MOVED that
Ordinance No. 2227, the Water Conservation ordi-
nance be adopted, Mooney seconded. Motion
carried. Mayor Hogan noted that a letter had
been received by the Council from Elizabeth Poehlman
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May 19, 1980
WATER regarding the current water situation in the
City of Kent and proposed conservation measures,
McCAUGHAN MOVED that the letter be -made a part
of the record, J. Johnson seconded. Moti3n
carried.
The Mayor also read a letter she had received
from Mrs. Poehlman regarding the Mayor ,s efforts
toward orderly growth in the Valley and express-
ing her support of the Green River Corridor
Plan. BAILEY MOVED to accept the letter for
the record, Mooney seconded. Motion
Mayor Hogan noted that the ordinance would
be vetoed.
LID 302 - Rose Avenue Water Main Improvements
(79th Avenue S. - S. 262nd to S. _?,66t-.h)_. This
date has been set for a public hearing on the
preliminary assessment roll for LID 302. Wick-
strom pointed out the location of the propos,�.,d
project involving the replacement of an exist-
ing wooden water main in this vicinity with
approximately 2040 feet of 10 inch ductile iron
main. He noted that the LID was originated by the
property owners. The public hearing was opened
by the Mayor. Wickstrom explained the proposed
method of assessment for the project costs- which
are estimated to be $89,857.00 and the method
of financing. He expiained that design and
construction work would probably not be completed
until the Spring of 1981. In response to ques-
tions from the audience regarding the existing
water leak, he determined that repairs wou]"..d, be
made if possible of a temporary nature. It
was also determined for Masters that zoning in
the area includes some light manufacturing and
residential and that the entire area is in the
County but serviced by the City. There were
no further comments and B. JOHNSON MOVED that
the hearing be closed, Mooney seconded. Motion
carried.
MOONEY MOVED that the City Attorney be directed
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May 19, 1980
WATER to prepare the ordinance creating LID 302 for
the water main improvements on Rose Avenue (79th
Avenue S. ) from S. 262nd to S. 266th Street.
B. Johnson seconded. Motion carried.
PUBLIC WORKS Proposed Ordinance. The public hearing on this
IMPROVEMENTS proposed ordinance was opened on April. 7, 1980
ORDINANCE and has been continued to this meeting. Since
that time, the Public Works Committee has met
with developers and received their suggestions
and comments concerning the proposed ordinance
A redraft of the proposed ordinance has been
prepared by the Public Works Director, and was
presented to the Public Works Committee on
May 7, 1980. it was the Committee ' s recommenda-
tion that the Public Works Director meet with
representatives of the developers to review
this draft, which was done on May 12, 1.98J.
After review of the comments received, the Public
Works Director has prepared a final redraft of
the proposed ordinance.
The public hearing was reopened by the Mayor.
Jerry Hillis addressed the Council on behalf of
Arrow Development, noting that his client sup-
ported the redrafted ordinance. He stated that
it was their belief that the amendments and revi-
sions made, while not changing the substance or
purpose of the ordinance, did clarify the pro-
cedures involved and made the ordinance more
predictable as to its impact on the developers.
He noted that the ordinance now clarifies the
process involved as to improvements to be made.
He thanked the Council for seeking ways to solve
the problem which existed and expressed apprecia-
tion for the cooperation of the Public Works
Director.
A letter was read from Mr. James J. Klauser,
Seattle Master Builders, expressing support of
the proposed ordinance in its present form as
a workable solution for meeting the problems of
growth in the City. MASTERS MOVED that the
letter be made a part of the record, McCaughan
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May 19, 1980
PUBLIC WORKS seconded. Motion carried.
IMPROVEMENTS
ORDINANCE Mooney noted that he had also talked to Dan
Sheffield of Associated General Contractors
who had expressed similar feelings with re-
gard to the ordinance.
There were no further comments and MOONEY
MOVED that the public hearing be closed, Bailey
seconded. Motion carried.
MOONEY MOVED that Public Wotks Improvements
Ordinance No. 22244 be adopted, Master: ,-econded.
Motion carried.
FIRE Hazardous Operations Permit. The Fire Chief
DEPARTMENT has recommended that the City.' charge $35.00
for permits for hazardous operations. The
matter was discussed at the May 12, 1980
workshop and the City Attorney has prepared
the necessary ordinance. B. JOHNSON MOVED
that Ordinance No. 2228 providing for a $35.00
charge for permits for hazardous operations as
listed in Article 4 of the 1979 Uniform Fire
Code be adopted, Carey seconded. Motion
carried.
Fire Department Ectu__ rent. Proposals were
received on May 7, 1980 for purchase of an
Aerial Ladder Truck and a Pumper Truck as
follows:
Aerial Ladder Truck
Sea Western. . . . . . . . . . . . . . . . . . . . . . .$263, 950.25
Van Pelt. . . . . . . . . . . . . . . . . . . . . . . . . . 252, 057 .66
The Fire Chief recommends acceptance of the
Van Pelt proposal for the Aerial Ladder Truck
which meets all of the specifications.
Pumper Truck
Pierce. . . . . . . . . . . . . . . . . . . . . . . . . . . .$110, 080.94
Van Pelt. . . . . . . . . . . . . . . . . . . . . . • • • • 109,800.52
The Fire Chief recommends acceptance of the
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May 19, 1980
FIRE Pierce proposal for the Pumper Truck since the
DEPARTMENT van Pelt proposal did not meet the specifica-
tions.
Funds for these trucks were provided fox -.n
the 1980 G.O. Bonds.
In accordance with the recommendation of Chief
Foster, MOONEY MOVED that the proposals be
accepted, B. Johnson seconded. Motion carried.
BUILDING Uniform Building Code - Board of Appeals. Vne
CODE formation of a Uniform Building Code Board of
Appeals was discussed at the workshop sessiol'i
of May 12, 1980. Mayor Hogan is recon`umending
a five member board composed of the following:
J.E. RUPPERT, Ruppert Engineering (833-7776)
34-37th N.E. , Auburn
DONALD W. BOGARD (854-0507)
922 North Central, Kent
AL PIEPER, City of Tukwila (433-1853)
6200 Southcenter Blvd. , Tukwila
JAMES MATTHEWS, City of Renton (235-2643)
200 Mill Avenue S. , Renton
WILL CALHOUN (852-6360)
718 South Central, Kent
Alternates will be:
JAMES HOEL, City of Tukwila (575-4407)
6200 Southcenter Blvd. , Tukwila
FRANK L. TETER (631-3370)
23607 - 120th S.E. , Kent
B. JOHNSON MOVED that the appointments to the
Board of Appeals be confirmed as submitted,
Mooney seconded. In response to Masters ' ques-
tion as to the length of time for the terms of
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May 19, 1980
BUILDING office, Mayor Hogan clarified that the terms
CODE would run for three years. Cushing f,,.Irther
explained that the Board members represented
different occupational fields and this .w� the
reason for not staggering the expiration dates
for the terms of office. He noted that this
would be reviewed at the time the new Cade was
adopted, and that the terms of office coincided
with the adoption of the Uniform Building Coda.
Motion carried.
PARKS & Russell Road Park Phase III. It is the yecom`°
RECREATION mendation of the Parks Department and O 'B, t?° c
architect, that Landscaping Inc. ' s contract for
Russell Road Park Phase III be increased by
$5, 750.00 to cover the following: Increase
1) Increase contract allowance for
play area equipment as specified
in Section 02731 of contract
specifications from $6,000 to
$11,000. . . . . . . . . . . . .$5, 000
750
2) Contractor•Markup•-•15%. . . . . . . . . . . ._ 75
TOTAL CHANGE ORDER NO. 2. . . . . . . . . . . . . .$5, 750
For bidding purposes, the play equipment allow-
ance was trimmed from the recommended $12, 000
to $6,000 to make sure adequate monies would be
available to award a bid. This Change Order
will come from the $40, 389.01 Contingency Fund
and is eligible for 75% reimbursement from the
granting agencies.
McCAUGHAN MOVED that Change Order No. 2 in the
amount of $5, 750 be approved to increase the
play equipment allowance for Russell Road Park
Phase III, Carey seconded. Motion carried.
MILL CREEK Challenge Grant. The Washington State Arts Com-
EARTHWORKS mission has requested written acceptance of the
PROJECT $20, 000 Challenge Grant for the Mill Creek Earth-
works Project. (Challenge Grants must be matched
9 -
May 19, 1980
MILL CREEK by the applicant agency dollar for dollar in
EARTHWORKS cash (new) local government funds--that is
PROJECT over and above that appropriated for 1979.)
Kent's local share consists of the following:
1) $ 5, 000 Housing & Community Development
Block Grant
2) 15, 000 Budgeted General Revenue
A copy of the current financial status of the
project was furnished to the Council and made
a part of the official record.
CAREY MOVED that the Mayor be authorized to
accept the $20,000 Washington State Arts Com-
mission Challenge Grant, McCaughan seconded.
In response to Masters ' question, Mayor Hogan
clarified that this was not an additional
$20,000 but was the authorization to accept
the Challenge grant. Motion carried.
PUBLIC Charles Lambert addressed the Council on behalf
SAFETY of Ketchum Lumber, owners of the San Juan Club
Apartments, the Mueller Group, owners of several
apartment complexes in the City, and Brad Property
Management of San Jose, California, owners of
the Court I apartment complex,' regarding a problem
which currently exists with trespass. He explained
that people not residents of the apartment com-
plexes are walking in off the streets to use
facilities provided for tenants, such as weight
rooms, swimming pools, etc. and in some instances
actually removing equipment such as weights when
they leave. Lambert noted that he had been told
by other jurisdictions that while such action at
a private residence could result in a charge of
criminal trespass or possibly burglary, apartments
were not homes. He voiced his objections to this
line of reasoning and asked that some type of law
be enacted whereby such persons could be prose-
cuted by the apartment owners. In answer to
questions from the Mayor, he noted that the
facilities were not secured since they were
installed for the benefit and use of the tenants.
10 -
May 19, 1980
PUBLIC He also clarified that signs were posted noting
SAFETY that the facilities were for the use of tenant-.s
or guests of tenants when accompanied by a
tenant, but that in some instances the signs
were moped and stated that in order for the
present laws to be enforced the areas dice have
to be posted.
Mirk noted that he had discussed the subject
with Mr. Lambert and explained to him that. thy:
City does have adequate laws covering this type
of situation; that he had also explained the
risk the City faces as to possible false arrest
charges being filed if a person is charged with
trespass and it is later determined that the
individual was in fact an invited guest. He
also clarified for "Mooney that if charges were
filed and the Court determined there was ample
justification a Summons would be issued for the
offender to appear in Court to answer to the
charges. He also explained that the apartment
manager could hold the offender until the police
arrived so a citation could be issued. Lambert
contended. that in these instances, even if it
were possible to hold the offender until the
arrival of the police, only a warning was given
the first time and Mirk clarified that this
was left to the discretion of the officer,
depending on the circumstances. Lambert res-
ponded to Bailey' s questions by noting that
installing fences and security officers at
the complexes could be done but would still
cause considerable expense to the owners.
He added that while he had discussed the matter
with the City Attorney, and was aware of the
City's present position, he was nevertheless
bringing the problem to the attention of. the
Council to see if some further action could be
taken to assist the apartment owners. Masters
commented that since the present trend is
toward apartment dwelling she felt the matter
was worthy of further discussion. She asked
that the Police Department make a presentation
as to what degree the law can be involved in
- 11 -
May 19, 1980
PUBLIC such situations. It was determined that the
SAFETY matter could be on the workshop agenda for
Tuesday, May 27, 1980.
PUBLIC WORKS East Hill Well Company. Mooney reported that
COMMITTEE the Public Works committee had met with repre-
sentatives of the East Hill Well Company last
week to discuss the possible sale of the Com-
pany to the City and to review past discussions
regarding the subject. It was noted that repre-
sentatives of the Company were in attendance at
the Council meeting. Mooney also noted that
a report had been furnished by Administration
to the Council tonight which he had not had an
opportunity to review. it was determined that
the East Hill Well Company would be holding a
stockholders ' meeting on Tuesday, May 27, 1980
and it would be necessary for the Company to
have an indication of the City ' s intent to
make a presentation at that meeting. Mooney
referred to the fact that should the City
decide to purchase the Company there would
be a great deal of work involved before the
sale could be consummiated. After discussion
it was determined that a special meeting of
the Public Works Committe, with the full
Council in attendance, would be held at 3:00
o 'clock p.m. on Wednesday, May 21, 1980 to
consider the matter in depth so the Company
would have the necessary information to pre-
sent to their stockholders.
FINANCE (CONSENT CALENDAR ITEM 5B)
Approval of Bills. APPROVAL of payment of the
bills received through May 19, 1980 after audit-
ing by the Finance Committee at its meeting on
May 30, 1980 at 3:00 o 'clock p.m.
EXECUTIVE B. JOHNSON MOVED that the meeting be recessed
SESSION to Executive Session at 8:50 o ' clock p.m. ,
McCaughan seconded. Motion carried.
THE MEETING RECONVENED at 9: 10 o 'clock p.m.
12 -
Play 1.9, 1980
FINANCE Grant Applications. 111he tNial7or referred to discussion
held at the workshop of may 12, 1980 regardinq the
possible utilization of the
International Systems, Tr;C� to ! rarits for,
projects which the %_itY 'wished to
referred to her memc, which list-ad thLe_
lar projects which wiA' I need
if pursued,
1) Senior renov-ttiof ,
cc,rs tructdoni
2) XDA Downtown Impf,I-`,zement LID (city- si'hal:�`-
3) Earth,,,,!,)rks (p11,-,:.7,u.Lng arl,Iitional
She noted that while t1le rrattor had beer.
at some length no dec. sion Sh
had been re�ac,e e
also noted that McCaugha.n had t.l,,.E cllc�'Stl=
-,as to which projects w0'-1 '-
�,% f%in end and �-
1--' e fe r r e
to the letter from TS-r rh i stated that,, an �I r)11 ni.ted
number of projects could
raised q 24 , 000 fee and
a.
.Tuest.ions as to th,
C I'arif 4 _o the letter was _,ed that accordil-19
guarantee provided th:,At IS! produce. a.PPro'
grants L-1 excess of the fp,:- '.- ;. o.r the dif fere3Ice
would be returned to tl-le,i Citv. Discussionn -"a6
. J
held both for and agan�;'_ ut �..l_zing the service:
and the particular projects under con,,:.ideration
and it was determined -t-lia.t the matter v7nu_,'.-,:1 be
discussed further at the work session on way 27,
1980. McCaughan suggested that Kathy OS(.n., Pre-
sently in Washing."Cor,D.C. , also be instrL7.ct(.A to
prepare a list of 1,�. ssibl.e pro ctS and Cush.' ro"J
noted that the Natic,nal Le_g .1'.1e 0i Cities wouJd
be contacted. A re port from Administ-IrDtion would
also be available for -1U.he work session.
ADJOURNMENT mcCAUGHAN Mo",TED that the meeti.-Ig, be adjo,,trned at
9: 30 o 'clock p.m. , Bailey seconded. motion
carried.
WY—
Betty Gray, CPS
T 1)eV11tN7 city Clerk
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