HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/21/1980 Kent, Washington
July 21, 1980
Regular meeting of the Kent City Council was called to order at 8: 00
o 'clock p.m. by Mayor Hogan. Present: Councilpersons Bai?. :y, B.
Johnson, J. Johnson, Masters, McCaughan and Mooney, City Administra-
tor Cushing, City Attorney Mirk, Public Works Director Wickstrom,
and Planning Director Harris. Also present: Finance Director
McCarthy, Parks Director Wilson, City Treasurer Drotz, and URS
representatives Abed and Ramsey. Approximately 100 people were
in attendance at the meeting.
PRESENTATION On behalf of the Royal Canadian Mounted Police,
Mayor Hogan presented a medal for bravery and a
certificate to Victor Earl Bradley of 25802 West
Valley Highway. A letter from Superintendent
Johnson of the Royal Canadian Mounted Police was
read describing the circumstances surrounding
the incident last year in which Mr. Bradley and
others were caught in an avalanche while skiing.
STREETS LID 301 - Improvement of S. 252nd Street.
SEWER Final Environmental Impact Statement. The review
WATER period for the Draft Environmental Impact State-
ment has expired and comments received have been
incorporated in the Final Environmental Impact
Statement. The Final EIS as prepared by the Engi-
neering Department and an addendum thereto has
been distributed. MASTERS MOVED that the Final
Environmental Impact Statement with the addendum
be accepted for LID 301, Mooney seconded. Motion
carried.
This date has been set for a public hearing on the
formation of LID 301. The Director of Public Works
described the project as located on S . 252nd Street
from Canyon Drive to approximately 1,000 feet east,
north to S. 248th Street ending at 100th Avenue S.E.
and noted that the project also included sewer and
water improvements and was estimated at $1, 226, 519.03.
The method of financing by bonds was also described.
The public hearing was opened by the Mayor. Letters
protesting the project were noted from Bertha
Delaney, Parcel #4, Phyllis Gibson, Parcel #10,
and Theodore Don, Parcel #5. Mr. Torget, speaking
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July 21, 1980
STREETS for Mrs. Delaney, noted that the improvements were
SEWERS not necessary for her and that she was a senior
WATER citizen living on a fixed income. He suggested
that the improvements would be necessary for those
who would be developing their property for multi-
housing purposes. Randy Brealey of the Polygon
Corporation submitted a letter from his attorney
relating to the method of assessment used. It
was determined that he was not protesting the
project but he noted that the Polygon Corporation
had already put in some improvements. MONEY MOVED
to make the four letters a part of the record,
J.Johnson seconded. Motion carried. Wickstrom
noted that Polygon would be given some credit for
the improvements they had put in and further that
if Polygon 's letter was considered a protest the
protests would total 15% of the LID. Mirk clari-
fied that protests of the actual dollar amounts
of the assessments were considered at the time
the final roll was considered; that this hearing
was for' the formation of the MD.
There were no further comments and MOONEY MOVED
to close the hearing, B. Johnson seconded. Motion
carried.
MOONEY MOVED to instruct the City Attorney to draft
the ordinance to form the LID, McCaughan seconded.
Motion carried.
PUBLIC SAFETY Drug Paraphernalia. An ordinance proposing the
regulation of the sale of drug paraphernalia was
discussed at the workshop of July 14, 1980 and
a public hearing has been scheduled for this meet-
ing. The hearing was opened by Mayor Hogan.
Copies of the proposed ordinance were distributed
by Mirk to the audience. It was determined that
the proposed ordinance was the same as the one used
in Spokane and that it did not prohibit the sale
of paraphernalia but provided that paraphernalia
must be displayed in a separate room to which
minors under 18 years of age will be excluded
unless accompanied by a parent or legal guardian.
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July 21, 1980
PUBLIC SAFETY Ward Seim of Stash Box Records & Tapes and Dan McNab
questioned the constitutionality of the proposed
ordinance, as did David Salwitz and Grecj Weston %,
Budget Tapes & Records. It was noted that a person
under 18 could not sell paraphernalia, and a woman
from the audience stated that her daughter was cur-
rently employed in one of these shops and she didn't
want her to be dismissed because she was under 18.
Mike Novack stated that the paraphernalia could be
made from many things purchased at hardware, rad-,o
and grocery stores by people of any age.
A woman from the audience read from the Narcc'�:.:e..�is
Control Digest and stated that the Model Drug Para-
phernalia Act had been upheld in other cities.
Margaret Harto presented a petition containing 600
signatures in favor of passing the ordinance. Beth
Jackson, Principal of Kentridge High School, arxd
Bill Stewart, Principal of Kent-Meridian High School,
spoke in favor of the ordinance. Tom Alpach opined
that the ordinance was not strong enough. Helen
Lee, John Hofenbecker, Charlie Rose and Helen Brooks
were in favor of the ordinance. Brooks noted that
since the sale of the drugs is illegal, the sale
of the paraphernalia should also be. It was noted
that books describing how to use the paraphernalia
were also sold along with the paraphernalia. A
man from the audience noted that similar books and
magazines were on sale elsewhere in the City, such
as in a local delicatessen. Upon questions fronk.
the Council, Mirk stated that the ordinance as pro-
posed was defensible and further that it could be
amended to make the sale of the paraphernalia illegal
also.
Letters favoring the proposed ordinance were noted
from Dr. Daniel, Superintendent of the Kent Public
Schools, Diane Good, Sandra Collins, President of the
Kent School Board, and the Kent Lions Club.
McCAUGHAN MOVED to make the letters and petition
a part of the record, B. Johnson seconded. Motion
carried.
After all who wished to speak had been afforded that
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July 21, 1980
PUBLIC SAFETY opportunity, J. JOHNSON MOVED to close t-he public
hearing, B.Johnson seconded. Motion c�s-e.*t i,_'a4 .
After some discussion, MCCAUGHAN MOVED tc, direct
the City Attorney to present an updated draft of
the ordinance at the next workshop, includin7:� the
provision that a business convicted twice of
breaking this law would be subject to revocation
of his business license and further tc include
prohibiting the sale of drug paraphernalta to
anyone under 18 years of age. Bailey seconded.
Motion carried.
CONSENT CONSENT CALENDAR ITEM G was removed at the request
CALENDAR of Councilperson Bailey. B. JOHNSON MOVED that.
the Consent Calendar Items A through J, with the
exception of Item G, be approved, Mooney seconded.
Motion carried.
MINUTES (CONSENT CALENDAR ITEM 5A)
Approval of Minutes. APPROVAL of the minutes of
the meeting of July 7, 1980 as printed.
FLOOD CONTROL/ (CONSENT CALENDAR ITEM 5G REMOVED AT THE REQUEST
DRAINAGE OF COUNCILPERSON BAILEY)
Kent 's Concurrence with the Corps of Engineers '
Green River Levee Feasibility Study. The Plan-
ning Commission, at their July 15, 1980 work
session, reviewed and informally recommended
to the City Council the endorsing of the concept
of setback levees to be incorporated into the
Corps of Engineers ' levee feasibility studies.
It is recommended that a resolution endorsing the
concept be adopted. Upon Bailey' s questicn, Mayor
Hogan noted that adopting the resolution would
not commit to expenditure of funds at this time.
BAILEY MOVED to adopt Resolution No. 903, J.Johnson
seconded. Mooney spoke against the proposal, noting
that if the setbacks are built, they would be con-
structed by the Corps but the City would have to
buy the rights-of-way, which he estimated to be
at least $1 per square foot in the Kent area. He
further stated that if water was allowed to go
over the levee, erosion would occur. He commented
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July 21, 1980
FLOOD CONTROL/ that the Green River was controlled by the 1-1oward
DRAINAGE Hansen Dam, and recalled the flooding in the Valley
prior to the building of the dam. Master: conc.rred.
B. Wilson stated that if the levee setbacks were
allowed, the levee would be moved back and the area
would flood probably only 7 days per year and that
at other times the area could be used. for recreational
purposes. Mooney noted that drainage in the Valley
has been the subject of discussion since 1979 ,and
that retention basins required of developer... -were
abandoned within a year or two.
Dan Knapp stated that he was opposed to changing
the course of the river and the Mayor explained.
that the Resolution would ask the Corps to include
in their study the alternative of raising the dikes
where they are in certain places along the river and
for them to come back with the cost estimate.
Harris clarified that the Corps would be autl_)riaed
to study the idea of raising the dikes, as they now
have the money for such a study. The vote rE=: ' .lted
in a tie, with Mooney, Masters and McCaughan voting
against and B. Johnson, J. Johnson and Bailey vfrt-
ing in favor. Mayor Hogan voted in favor, and the
motion to adopt Resolution No. 903 carried.
HEALTH & LID 299 - Sanitary Sewer (Southeast Corner of James
SANITATION Street and West Valley Highway) Interim Financing.
Ordinance No. 2236 has been prepared by Bond Counsel
accepting the offer of Seattle-First National Bank
for the purchase of revenue warrants and fixing the
interest rate for warrants for LID 299. Finance
Director McCarthy noted that the interest rate was
6.95%. McCAUGHAN MOVED that Ordinance No. 2236_ be
adopted, B.Johnson seconded. Motion carried.
STREETS (CONSENT CALENDAR ITEM 5D)
LID 288/293 (84th S. Street Improvement - S.212th
to S. 192nd) - Change Order. APPROVAL of payment
of Change Order No. 4 as submitted by Scarsella
Brothers in the amount of $5200 as recommended by
the Public Works Committee. The City had pre-
viously committed to moving the sprinkler system
in front of Toyo Tire Company necessitated by the
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July 21., 1980
STREETS fact that the road alignment was moved slightly
to the east. The change order reflects the cost
of repairing and installing the sprinkler system.
(CONSENT CALENDAR ITEM 5E)
14ID 288/293 (84th Avenue S. Street Improvement -_
S 212th - S 192ndI Water Extension. ACCEPTANCE
of the contribution in the amount of �-,5, 253.96
from Harlan Bull and Cal-Gas for extension of water
service across 84th Avenue S. by the City's con-
tractor during the course of the construction off
LID 288/293. Both parties had agreed to Lemburse
the City for the cost of the extension which was
estimated to be approximately $5,000 and the work
has now been completed.
(CONSENT CALENDAR ITEM 5F)
S. 228th, SR 167 Off-Ramp and S. Central.
AUTHORIZATION to transfer the amount of $10,000
for the above projects as recommended by the
Finance Director and City Administrator. Trig:
Engineering Department has been informed by the
State Department of Transportation that if the
City can fund $20, 000 for design, they will, do
the design of the subject project and fund the con-
struction in their 1981 budget. Said project,
however, will not involve the realignment of the,
off-ramp but will instead be a signalizat.ion of
the intersection, and the City has concurred that
the project as proposed would satisfy our require-
ments. $10, 000 has already been budgeted in the
Grant Matching Fund 102 and there is $7, 000 unallo-
cated in the Grant Matching Fund of which it is pro-
posed to use $5, 000. The transfer of funds in the
amount of $5, 000 would also be reduced from the
1978 Street Construction Fund to LID 292, 104th
Avenue S.E. Street Improvement, as the project
appears to be coming in under the City' s estimates.
WATER (CONSENT CALENDAR ITEM 5C)
Kent/Renton Water Intertie Chancre Order. APPROVAL
of the Change Order requested by Kohl Excavating
in the amount of $14, 201. 27 in connection with the
Kent/Renton Intertie project. The amount of
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July 21, 1980
WATER $8,538.00 is due to additional costs incurred to
construct the booster pump station in underground
vaults to meet City of Renton requirenient: , The
original bid was for an above-the-ground structure
but Renton later required an underground st.:.ructure.
The amount of $5, 663. 27 is due to additional l.abci ,
pipe and fittings necessary to connect the booster
station to the existing facilities. T l-. e:dstiag
facility was not located on the plans, necessitating
the additional materials to construct.
(CONSENT CALENDAR ITEM 5H)
Reservoir Site. ACCEPTANCE of the City Attorncy' s
position with regard to certain property for which
the City has a deed for use as a reservoir site.
A letter has been received from Mr. Robert Xitto
attorney for Mr. and Mrs. Mervin Evenson, regard-
ing property owned by them for which the city has
a deed for use as a reservoir site. The Evensons
contend that the City has abandoned the site for a
period of one year and therefore the land should
revert to the Evensons . On review of the matter
with the City Attorney, it is the City, s• position that
the City has in fact not abandoned the site as a
potential storage reservoir and therefore has no
legal obligation to reconvey the property to the
abutting property owners.
(CONSENT CALENDAR ITEM 51)
Kent/Renton Water Intertie Ag eement. AUTHORIZATION
for the Mayor to sign the agreement between Kent and
Renton for the water intertie as approved by the City
of Renton at its Council meeting on June 9, 1980.
East Hill Well.
Mooney noted that the valves for the East Hill Well
had not as yet been delivered and that Wickstrom,
had reported that the water supply at this time
appeared to be ample.
LID 302 Rose Avenue (79th S ) Water Main Interim
Financing. Ordinance No. 2237 has been prepared
Toy Bond Counsel accepting the offer of Seattle-First
National Bank for the purchase of revenue warrants
and fixing the interest rate for the warrants for
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July 21, 1980
WATER LID 302. Finance Director McCarthy noted that the
interest rate was 7.10%. J.JOHNSON MOVED that
Ordinance No. 2237 be adopted, McCaughark seconded.
Motion carried.
LID 286 - 76th Avenue S. Water Mains - Bonds.
The City has negotiated with Foster & Marshall
to purchase the bonds for LID 286 at 9.4%. Tony
McCarthy introduced Bob Yeasting who explained
the difference between rates for bond issues and
rates for interim financing. J. JOHNSON MOVED to
accept the Foster & Marshall offer to purchase: the
bonds for LID 286; Masters seconded. Motion
carried.
Bond Counsel has prepared Ordinance No. 2238 authori-
zing the sale of the bonds, fixing the interest
rate at 9.4/ and noting the maturity and denomina-
tion of the bonds for LID 286. J. JOHNSON MOVED
that Ordinance No. 2238 be adopted, Masters seconded.
Motion carried.
PARKS & Lake Fenwick Grant. Authorization is requested for
RECREATION the Mayor to sign a grant amendment with DOE in-
creasing their grant award from $112, 036 to $164, 556
and as soon as it is received to sign a grant amend-
ment with EPA increasing their grant award from
$140, 046 to $205, 695. The City will be required
to budget the additional $5, 900 in 1981 to cover
their 100% share of the $411, 390 project. B. JOHNSON
MOVED that the Mayor be authorized to sign the
grant amendments with EPA and DOE, J.Johnson
seconded. Motion carried.
Lake Fenwick Restoration - Stormwater Facilities -
Bids. URS presented a bid tabulation of the 12
bids received on July 12 as follows:
Bidder Amount
T.W. Traverso $156,443.00
Frank Coluccio Construction 159,622.00
R.W. Scott Construction 185, 081.00
Thomas Scalzo Construction 195, 669.00
Robison Construction 206, 830.77
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July 21, 1980
PARKS & (Bids Continued)
RECREATION Bidder Amount
Blossom Construction $221:. 742.50
Wedco Construction 224, 800.O0
DYAD Construction 259, 222.00
Lindbrook Construction 264,420.00
Cascade Septic Service 269, 135.00
Como Contractors 307, 370.00
MOONEY MOVED that the best bid of Traverso in the
amount of $156,443.00 be accepted, Mastery seconded.
Motion carried.
Bike Trails. MASTERS MOVED to file for the record
a request from Jan Nystrand for more bake routes
in the City, B. Johnson seconded. Motion carried.
FIRE The Fire Chief has advised that through CivIl
DEPARTMENT Service testing David King is eligible for. 1--ore.
His brother, John King, is already an employee of
the Department. It was noted that the brothers
would not be assigned to the same shift. MASTERS
MOVED, B. Johnson seconded, that David King °s em-
ployment with the Fire Department be approved.
Motion carried.
Masters noted receipt of a letter from Dr. Daniel,
Superintendent of the Kent Public Schools, compli-
menting the Fire Department on their professionalism
in quickly containing the fire at the East Hill
School on July 7 and MOVED to accept it for the
record, J. Johnson seconded. Motion carried.
Cushing noted receipt of a request for approval
from the Fire Chief for an inspector to attend a
hazardous material workshop in Oregon starting on
August 3, 1980 for which funds are available.
B. JOHNSON MOVED to approve the request, Masters
seconded. Motion carried.
Cushing reported that the Western Fire Chiefs Associa-
tion had invited him to their meeting in Salt Lake
City, that it would probably only be for one day
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July 21, 1980
FIRE and they had provided $200 for expenses. MASTERS
DEPARTMENT MOVED to approve attendance, McCaughan seconded.
Motion carried.
POLICE (CONSENT CALENDAR ITEM 5J)
DEPARTMENT Hiring of Related Employee. APPROVAL of the
Police Department request to hire Kellie McCurdy
as a parttime temporary typist for the Police
Department. Her father, Robert McCurdy, is a
Kent Police Officer. The position will be only
until the backlog of typing is caught up.
POLICE/FIRE Cushing reported that appointments to the Public '
INTEGRATION Safety Study Committee were almost complete and
STUDY that a meeting would probably be held this week
with the chairperson.
BUDGET Cushing reminded the Council of a meeting scheduled
for Thursday, July 24, at 3:00 o 'clock p.m. at the
Kent Commons to establish 1981 budget guidelines.
Budget Adjustment Ordinance - Second Quarter 1980.
Tony McCarthy explained that this ordinance incur-
porates the carry-over budgets for unfinished 1979
capital projects and the establishment of budgets
for items approved at this and prior 1980 Council
meetings. MASTERS MOVED that Ordinance No. 2239
approving the budget adjustments for the Second
Quarter of 1980 be adopted, B. Johnson seconded.
Motion carried.
INSURANCE Cashing noted that the 12 cities interested in the
POOLING Self-Insurance Pooling Program would be meeting
on Wednesday, July 23, at 3: 30 p.m. at the Univer-
sity Towers and that anyone interested in attending
should notify his office.
POLICY Cushing reported that he, Webby, McCaughan and
DEVELOPMENT Bailey had been meeting to consider choosing a
WORKSHOP facilitator for the proposed policy development
workshop and that Jim Rosenzweig, who has been
highly recommended by the City of Tacoma, had
been selected. The staff will be working with
Professor Rosenzweig and he will probably start
meeting with the Council in September.
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July 21, 1980
FINANCE J. Johnson complimented Finance Director McCarthy
on the comprehensive Annua'. Pinanc.-Lal :,:pit f_or
1979.
(CONSENT CALENDAR ITEM 5B)
Approval of Bills. APPROVAL of pay,,.Ient of the
bills received through July 20, 1980 after .auditax1(;
at the Finance Committee ipeeting ib. held at
3 :00 o 'clock p.m. on July 29, 1980.
COUNCIL At 9: 55 o 'clock p.m. , McCAUGHAN MOVED for an execu-
VACANCY tive session, B. Johnson seconded. Moc.ion carrie 1.
The meeting reconvened at 10:40 o 'cloc': F.> ia . and
BAILEY MOVED that a unanipmous ballot be cast for
Iry Hamilton to fill the vacant Council J)Ositi.0n.
McCaughan seconded, and the motion carLa.:�d.
ADJOURNMENT MOONEY MOVED to adjourn the meeting at 10: 50 o ' clock
p.m. , J. Johnson seconded. Motion carried.
Marie JET sen, IC
city Clerk