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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/19/1982 Kent, Washington April 19, 1982 Regular meeting of the Kent City Council was called to order at 7: 00 o'clock p.m. by Mayor Hogan. Present: Mayor Hogan, Council- persons Biteman, B. Johnson, J. Johnson, Kelleher, and Leahy, City Administrator Cushing, Acting City Attorney Heavey, Planning Director Harris and Public Works Director Wickstrom. Council- persons Bailey and Mooney were not in attendance. Also present: Administrative Assistant Webby, Parks Director Wilson, and URS representative Abed. Approximately 45 people were in attendance at the meeting. CONSENT B. JOHNSON MOVED to approve Consent Calendar Items CALENDAR A through W, with the exception of Item V, East Hill Park Agreement, which was removed at the re- quest of Councilperson Kelleher. J. Johnson seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of April 5, 1982 . HEALTH & (CONSENT CALENDAR ITEM 5C) SANITATION Latecomer Agreement_- Marvel Booth Sewer Extension. AUTHORIZATION for the Public Works Director to execute the Latecomer ' s Agreement. The Engineering Department has received a Latecomer ' s Agreement for a sewer main extension constructed in the vicinity of 108th Avenue S .E . and S. E. 222nd. The request has been reviewed by the Engineering Department and a Latecomer ' s Agreement has been prepared . (CONSENT CALENDAR ITEM 5E) Latecomer Agreement - Chet Williams Sewer Extension. AUTHORIZATION for the Public Works Director to execute the Latecomer ' s Agreement. The Engineering Department has received a Latecomer' s Agreement for a sewer main extension constructed in the vicinity of 94th Avenue S. and S . 218th. This request has been reviewed by the Engineering Department and a Latecomer ' s Agreement has been prepared. (CONSENT CALENDAR ITEM 5F) Latecomer Agreement - Cuffee Sewer Extension. AUTHOR- IZATION for the Public Works Director to execute the Latecomer ' s Agreement. The Engineering Department has received a Latecomer ' s Agreement for a sewer main extension constructed in the vicinity of S .E. 234th - 1 - April 19 , 1982 HEALTH & and 116th Avenue S. E. This request has been re- SANITATION viewed by the Engineering Department and a Late- comer ' s Agreement has been prepared. (CONSENT CALENDAR ITEM 5G) Latecomer Agreement - Hanby-Cosand Sewer Extension. AUTHORIZATION for the Public Works Director to execute the Latecomer ' s Agreement. The Engineering Department has received a Latecomer ' s Agreement for a sewer main extension constructed in the vicinity of 123rd Avenue S .E. and S. E. 276th. This request has been reviewed by the Engineering Department and a Latecomer ' s Agreement has been prepared . (CONSENT CALENDAR ITEM 5K) Bill of Sale - Cuffee Sewer Extension. ACCEPTANCE of the Bill of Sale and Warranty Agreement for continuous operation and maintenance and release of cash bond after expiration of one-year guaranty period . The Engineering Department has received the Bill of Sale and Warranty Agreement for approximately 320 feet of sanitary sewer main constructed in the vicinity of 116th Avenue S .E. and 234th Place S.E. (CONSENT CALENDAR ITEM 5L) Purchase of New Compressor - Air Injector Station. APPROVAL for the Public Works Department to purchase new compressor for the Air Injector Station with the monies therefor ($4 , 000) coming from the unencumbered balance of the Sewer and Garbage Fund. The compressor of the Air Injector Station continues to be a main- tenance problem. It has been recommended to replace the existing compressor with a different type which should eliminate the maintenance difficulties . The cost of the replacement compressor would be approxi- mately $4 , 000. The Public Works Director has reviewed this with the Public Works Committee and they recom- mend approval of the purchase of a new compressor. 2 - April 19 , 1982 HEALTH & Downtown Sanitary Sewer Improvements . Bid opening SANITATION was held on April 15 with 15 bids received, nine of which were below the Engineer ' s estimate. A budget has been established for this project in the amount of $50, 084 from the Sewer/Garbage funds. The low bid received from Ford Construction was in the amount of $467 , 82.1 . However, they did claim an error which has been substantiated by the Engineer- ing Division. The second low bid received was from Davlin Construction in the amount of $541, 550 . 71. Authorization is requested to increase the existing budget from $50 , 084 to $689 , 284 with the additional monies coming from the unencumbered balance of the Sewer/Garbage Fund. Wickstrom noted that the $50 , 084 figure covered engineering only. Construction costs including a 10o contingency are estimated to be $595, 706 . It is recommended that the low bid of Ford Construc- tion be rejected due to claimed error and that the contract be awarded to the second low bidder, Davlin Construction, in the amount of $541, 550 . 71 . B. JOHNSON MOVED that the low bid of Ford Construc- tion be rejected due to claimed error and that the contract be awarded to the second low bidder, Davlin Construction, in the amount of $541 , 550 . 71 and also that the existing budget be increased to $689 , 284 with the additional monies coming from the unencum- bered fund balance of the Sewer/Garbage fund. Leahv seconded . Motion carried. Emergency Sewer Repair on 192nd Street west of East Valley Highway. The sanitary sewer on 192nd Street west of East Valley Highway has failed. Camera inspection indicates that ground water is entering the sewer line. The road surface has settled but is presently not hazardous. Based on past experi- ence, however , the total loss of the road could occur at any time. Because of this , the city is immediately_ proceeding with the necessary repairs by seeking proposals from various contractors . The lowest proposal re- ceived to date is $12 . 700 . - 3 - April 19 , 1.982 HEALTH & A similar repair was made in this sewer line SANITATIOI: in 1979 although not at this exact location. Upon the recommendation of the Public Works Director, B. JOHNSON MOVED that the repair of the failed sani- tary sewer line on 192nd Street west of East Valley Highway be declared as an emergency repair and that a budget therefor of $15 , 000 be established with the monies coming from the unencumbered fund balance of the Sewer and Garbage fund, J. Johnson seconded. Motion carried . WATER (CONSENT CALENDAR ITEM 5D) Latecomer Agreement - Southwood Square Water Main Extension. AUTHORIZATION for the Public Works Director to execute the Latecomer ' s Agreement. The Engineering Department has received a Latecomer ' s Agreement for a water main extension constructed in the vicinity of S . E. 264th and 106th Avenue S .E. The request has been reviewed by the Engineering Department and a Latecomer ' s Agreement has been prepared . (CONSENT CALENDAR ITEM 5H) Latecomer Agreement - Dennis Beckwith Water Main - 88th Avenue South. A17HORIZATION for the Public Works Director to execute the Latecomer ' s Agreement. The Engineering Department has received a request for Latecomer ' s Agreement for a water main extension constructed by Dennis Beckwith at 88th Avenue S. This request has been reviewed by the Engineering Department and a Latecomer ' s Agreement has been prepared. (CONSENT CALENDAR ITEM 5M) Purchase of Fluoride Machine . APPROVAL for Public Works Department to purchase fluoride machine with the monies therefor (57 , 000) coming from the unencum- bered balance of the Water Fund. The fluoride machine at Pump Station #1 is reauiring approximately $9 , 500 a year to mair_tain . Replacing the machine with more - 4 - April 19 , 1982 WATER up-do-date equipment would cost approximately $7 , 000 with minimal maintenance. The Public Works Director has reviewed the request with the Public Works Com- mittee and they recommend approval . 114th Avenue Reservoir Site . In accordance with Council approval at the April 5, 1982 meeting , it is recommended that a budget of $21 , 000 be established for the settlement of the Evenson suit and that said monies shall come from the unencumbered fund balance of the water fund. Said funds shall be used for settlement, driveway construction, etc. B. JOHNSON MOVED to approve the recommendation, J. Johnson seconded. Motion carried . Soos Creek (Seven Oaks) Well Facilities Bid Opening. Bid opening was held on April 8 with six bids re- ceived, two of which were below the Engineer ' s estimate. The bids have been reviewed and found to be accurate and the Director of Public Works recommends award to the low bidder , Omega Contractors , for the bid amount of $170 , 429 . 95 subject to the City obtaining the necessary building permit and he requests authorization to increase the budget by $47, 173 with the monies coming from the unencumbered balance of the Water fund . B. JOHNSON MOVED that the Soos Creek (Seven Oaks) Well Facilities contract be awarded to the low bidder, Omega Contractors , for the bid amount of $170 , 429 . 95 subject to the City obtaining the necessary building permit and that the budget be increased by $47 , 173 with the monies coming from the unencumbered balance of the Water fund , Leahy seconded. Motion carried . LID 309 - East Hill Water Main Improvements. This date has been set for a public hearing to consider the creation of LID 309 to construct water main im- provements in the vicinity of Kent-Kangley Road, 104th Avenue S . E. , 106th Avenue S . E. and S .E. 264th 5 - April 19 , 1982 WATER Street. Public Works Director Wickstrom described the scope of the project, noting that the total estimated cost of the project was $319 , 000 , of which $95, 963 would be covered through the LID. He also noted that the remaining sum of approximately $223, 000 would be covered from the bond issue that had been passed for water improvements. He clarified for B. Johnson that this project was a distribution line. The public hearing was opened by the Mayor. There were no comments and no correspondence has been received. B . JOHNSON MOVED to close the public hearing , J. Johnson seconded. Motion carried. B. JOHNSON MOVED that the City Attorney be directed to prepare an ordinance creating LID 309 , J. Johnson seconded . Motion carried. STREETS (CONSENT CALENDAR ITEM 5J) Washington State DOT Agreement. AUTHORIZATION for the Mayor to sign Agreement for Aid Real Property Acquisition with Washington State Department of Transportation. The Washington State Department of Transportation has notified the Public Works Department that their agreement for relocation assistance in real property acquisition has expired, The State has individuals who are specially trained in relocation techniques when that is required in property acquisition . The Public Works Director has reviewed this with the Public Works Committee and it is their recommendation that we renew the agreement. DRAINAGE (CONSENT CALENDAR ITEM 5I) Change Order - 112th Avenue Storm Sewer Improvements . APPROVAL of Change Order for Sla-Dee Construction in the amount of $5, 554 . 50 . The Engineering Department has received a request for a change order from Sla- Dee Construction in the amount of $5, 554 . 50 for the 112th Avenue Storm Sewer Improvement project. The change was necessitated by (1) an additional manhole that was required, (2) additional compensation for jack hammering through a large boulder and (3) an increase in bank run gravel over the quantity bid. The change order has been reviewed by the Public Works Committee and they recommend approval. - 6 - April 19 , 1982 DRAINAGE (CONSENT CALENDAR ITEM 50) Drainage Utility. APPROVAL of the Scope of Work for Phase II and authorization to establish budget therefor in the amount of $278 , 000 with said monies being allocated to the Drainage Utility as a loan for this project from the unencumbered balance of the Sewer and Garbage Fund. (CONSENT CALENDAR ITEM 5W) North Park Storm Drainage Phase I. This project was awarded in two phases with Kar-Vel Construction awarded the contract for the first phase on September 21, 1981 for the bid amount of $63, 518 . 51. The pro- ject budget of $110 , 609 was established from Housing and Community Development funds. Total contract cost for this phase of the project is $62, 883 . 24 . The project costs incurred to date are $91,849 . ACCEPTANCE of the contract as complete with Kar-Vel Construction for the North Park Storm Drainage Phase I project and that the retainage be released upon receipt of the necessary releases from the State. EQUIPMENT (CONSENT CALENDAR ITEM 5N) RENTAL Sale of Surplus Vehicles. DECLARING that the vehicles listed in the filed memo are surplus and authoriz- ing the Equipment Rental Division of the Public Works Department to sell vehicles through the State of Washington Surplus Properties Division. The Equipment Rental Division has requested to sell the surplus vehicles through the State of Washington Surplus Properties Division this year as a comparison to the cost of having a private auctioneer. The State would charge a flat rate of $65 per unit for cars and pickups . The Public Works Director has reviewed this with the Public Works Committee and they recom- mend approval of the request. CABLE TV (CONSENT CALENDAR ITEM 5P) Reorganization of Teleprompter CATV. ADOPTION of Resolution No. 965 granting approval of an internal corporate reorganization involving Teleprompter Cor- poration and its wholly-owned subsidiaries as dis- cussed at the workshop of April 12 , 1982 . 7 - April 19 , 1982 CIVIL (CONSENT CALENDAR ITEM 5Q) SERVICE Civil Service Commission Appointment. APPROVAL of the Mayor ' s appointment of Joe Street to the Civil Service Commission, replacing Terry Yahn. BOARD OF (CONSENT CALENDAR ITEM 5R) ADJUSTMENT Board of Adjustment. APPROVAL of the Mayor ' s appoint- ment of Dan Rowley to the Board of Adjustment, replac- ing Bill Carey. PARKS & (CONSENT CALENDAR ITEM 5S) RECREATION Environmental Excise Tax Ordinance. APPROVAL of the policy that the Environmental Excise Tax on multi- family developments shall be based on the number of residential units per the Ordinance and ancillary facilities such as recreation buildings shall not be separately charged. (CONSENT CALENDAR ITEM 5U) Lower Mill Creek - Puget Power Easement. AUTHORIZA- TION for the Mayor to sign an easement for Puget Power for an underground electric system for the Lower Mill Creek Earthworks site. (CONSENT CALENDAR ITEM 5V) (REMOVED AT THE REQUEST OF COUNCILPERSON KELLEHER) East Hill Park Funding. At the April 15, 1982 Finance Committee meeting it was noted that the Parks Department had applied for a 60% grant ($411, 600) from IAC to acquire the East Hill Park. The grant was approved for $322, 420 (47%) . The Finance Committee has recommended that the Mayor be authorized to sign the IAC contract and for the Finance Department to be authorized to transfer $196, 500 from the Environmental Excise Tax Fund to the East Hill Park fund to cover the City ' s share of the project. Kelleher noted that his business partner had an interest in the property transaction and Heavey pointed out that he could disqualify himself from voting on the matter. B. JOHNSON MOVED to authorize the Mayor to accept the grant and to authorize the transfer of the funds. J. Johnson seconded. Motion carried. 8 - April 19 , 1982 PARKS & Bids - Purchase and Removal of Residence_ and__D_- RECREATION tached Garage. Wilson reported that no bids had been tendered for the purchase and removal of a residence and detached garage owned by the Parks Department, located in the vicinity of the pro- posed East Hill Park site. He stated that several alternatives were being explored, including the possible demolition of the house. ZONING (CONSENT CALENDAR ITEM 5T) Adult Entertainment Zone Study. ALLOCATION of up to $10 , 000 in unanticipated Revenue Sharing funds for the purpose of studying the effect of adult entertainment businesses on surrounding businesses, residential neighborhoods and community in general as well as the City ' s ability to provide services when locations are scattered throughout the community. The matter was discussed at the workshop of April 12, 1982 and covered in the City Attorneys memo- randum. FINAL PLAT Hayashi Final Plat #SU-81-2 . On April 5, 1982, the City Council set April 19 , 1982 as the date to consider the Hayashi Final Plat. This plat has been signed by the Public Works Director and Planning Director . To comply with the Subdivision Ordinance regulations , a meeting must now be held by the City Council and the plat should be approved, disapproved or returned to the applicant for modifi- cation or correction. J. JOHNSON MOVED that the Hayashi Final Plat be accepted with the conditions of the Preliminary Plat approval , B. Johnson seconded. Motion carried. NUCLEAR A public hearing is scheduled for this meeting to ARMS receive citizen input with regard to endorsement FREEZE of the United States/Soviet nuclear arms freeze campaign. Discussion was held at the workshop session of April 12, 1982, at which time several letters were received and read from citizens urging the Council to support the campaign. Mayor Hogan noted that letters had been received urging the Council to support the nuclear arms freeze from the following: Marvin Eckfeldt, Ruth Lyon, Terry Teigen, Cynthia Herman Ervin, John and Dorothy 9 - April 19, 1982 NUCLEAR Sandmark, Martha Teigen, Carol Kerschner, Gerald ARMS Hickman, Lois, Robert and E. K. Dreblow, and Delpha FREEZE van der Hoeven. Mayor Hogan read a letter from Henry Towne which was received today. Upon J. Johnson' s MOTION, seconded by B. Johnson, all of the correspondence was filed as a part of the record. The public hearing was opened by Mayor Hogan. Don Barnes opined that this was inappropriate as city business. The following citizens spoke in favor of passage of the Resolution by the Council: Terry Teigen, Tom Preston, Cindv Ervin and James Curran. Glen Marble spoke in opposition and Doug Gessler stated that this was a moral issue. After all who wished to speak had been afforded the opportunity B. JOHNSON MOVED to close the hearing. Leahy seconded. Motion carried. A letter from Councilperson Bailey was read suggest- ing that instead of passing a resolution, the Council could support a "town meeting to discuss it and then if adopted by the "town meeting" , it could be forwarded to the Federal authorities as a message from the citizens of Kent. He opined that a Resolution of the City Council on this matter would be an improper policy. The letter was filed for the record. Mayor Hogan read Resolution 964 calling for the United States and the Soviet Union to adopt a mutual freeze on testing, production and deployment of nuclear weapons and of missiles and new aircraft designed to deliver nuclear weapons. KELLEHER MOVED to adopt Resolution 964 and J. Johnson seconded. Leahy noted that the Council had expressed individual personal views at the workshop last week and noted that he did not think that it was inappropri- ate to consider this Resolution, and that it could not be ignored. He stated that this was simply a way to make known the feelings of the City Council on this issue. Kelleher stated that he disagreed with Bailey ' s letter and that it was appropriate for the Council to take a stand on this issue which will affect the Kent citizens. He noted that the turnout of citizens indicated their concern, that 10 - April 19 , 1982 NUCLEAR he would support passage of the Resolution and that ARMS the Council ' s action might help in having the Presi- FREEZE dent give further consideration to the problem. J. Johnson suggested that we are defeating ourselves by pouring billions of dollars into the arms pro- ject and that perhaps the Russian people are also feeling that "enough is enough" . He noted that the present course will lead to our destruction, and possibly the destruction of the world. Biteman stated that the timing is unfortunate for this emotional issue and that a freeze would give the Soviets anywhere from a 3-to-1 to a 6-to-1 advan- tage in nuclear weapons . He noted that when the President was negotiating in Geneva to try to get a reduction in nuclear arsenals, the Soviet' s pro- paganda position was for a freeze. Biteman stated that if we freeze at this point we will play into their hands and we will always be behind. He stated that the country should make this decision and we should not be takina action which would tie the hands of our government officials as they try to negotiate a power base with the Soviets . B. Johnson noted that Senator Goldwater, a former Hawk, had stated on television last night that it was time to sit down and talk with the Soviets . She agreed that it was time to talk and that this was not done years ago in the time of the holocaust in Europe. Mayor Hogan noted that she supported the Resolution, and that at this time either the United States or Russia had enough nuclear weapons to destroy each other with no survivors. The motion to adopt Resolution 946 carried, with Biteman dissenting . COMPREHENSIVE Kent Highlands Comprehensive Plan Amendment Request. PLAN The Planning Commission recommends denial of Kent Highlands ' request to change the Comprehensive Plan from R-A (Residential Agricultural) to Multi- Family and Commerical for the property owned by Kent Highlands. The Planning Commission considered the request at public hearings held on February 23, 1982, March 9 , 1982 and March 23, 1982 and recommended that the Comprehensive Plan not be amended . i - 11 - i April 19 , 1982 COMPREHENSIVE Leahy noted that Councilperson Bailey had asked PLAN that his comments to Leahy on the issue be made a part of the record , including upholding the Planning Commission ' s recommendation. Bailey's objections to amending the Comprehensive Plan pointed out that the proposed convenience store on Frager Road did not fit in with the designation of Frager Road as a scenic road. Bailey also objected to the steep 20o grade road on the south side of the proposed development site and to the widening of Military Road. His final point ques- tioned the need for changing the Comprehensive Plan at this time, since the proposed development was not planned for several years . Leahy noted that he concurred with Councilperson Bailey ' s comments. B . Johnson also expressed approval of the Planning Commission recommendation and noted that the proposed changes should be looked at when the West Hill Plan is completed. She also expressed reluctance at extending utility service west of the River , not only because the Council has con- sistently voted against such extensions but also because of the fact that there may be problems with Metro. She also expressed concern over the figures given in the Environmental Impact Statement with regard to the amount of water to be used, pointing out that there are already problems on the West Hill with water pressure. B. Johnson also expressed concern with regard to the capping of the landfill site, noting that no one is certain what will happen when this is done, and questioned the plans for residential use and a convention center being placed on such a site when it was anticipated that it might take 20 years for the landfill to settle after capping . Biteman concurred with B . Johnson as to the problems that now exist with water pressure on the West Hill but suggested that the proposed development would lend itself to the community. He noted no problems with the transportation issue considering the proxi- mity of the freeway and Military Road, but concurred with B. Johnson about the problems of crossing the river with utilities . He noted that the residents had been waiting a long time for a West Hill study. Kelleher expressed concerns about the development, 12 - April 19 , 1982 COMPREHENSIVE noting that he was hesitant to act at this time PLAN because no one knew the impact on the unique and fragile areas and also noted that he concurred with B. Johnson that the development should not take place until after completion of the West Hill Plan . He also pointed out that the proposed development is not limited to the West Hill but that part of it is on the Valley Floor west of the Green River which has been designated for further study under Resolution 955. He noted that he would like to delay a decision until after completion of the Agricultural Study. In response to Kelleher ' s questions , Heavey noted that the Council must take some action on this matter within 60 days from the time the recommendation is received from the Planning Commission. B. JOHNSON MOVED to instruct the City Attorney to write a Resolution upholding the Planning Commis- sion' s recommendation to deny the Kent Highlands ' request for an amendment to the Comprehensive Plan, J. Johnson seconded . Motion carried , with Biteman voting nay. EAST HILL Harris noted that after a number of worksessions, PLAN the Planning Commission would hold the first public hearing on the East Hill Plan on Tuesday, April 20 , and another hearing was scheduled for April 27 . He pointed out that the draft EIS has been finished and distributed as a part of the Plan. It is anti- cipated that the Plan would be before the Council on May 3. He also noted a 35 day response period for the draft EIS and that the Final EIS would be ready on June 11 , with a project date for Council adoption of the Plan of June 21. WEST HILL Harris noted that now that the East Hill Plan is PLAN ready for public hearings, Planning staff members have been assigned to work on the West Hill Plan. AGRICULTURAL Harris responded to questions from Kelleher, noting LAND USE that Fred Satterstrom has been hired to work on STUDY the agricultural study and that the study is on schedule. - 13 - I April 19 , 1982 COUNCIL Public Works. It was noted that the Public Works COMMITTEES Committee would meet on Wednesday, April 21, at 8 : 15 a.m. Public Safety. J. Johnson noted that the members of the Committee would be scheduling a meeting for this week. AWC Convention. B . Johnson noted that the AWC Convention would be held in Spokane on June 15 through 18 and that she planned to attend. She suggested that those Council members planning to go should notify the City Administrator ' s office so that the necessary reservations could be made. ADJOURNMENT B. JOHNSON MOVED to adjourn the meeting at 8 :45 p.m. , J . Johnson seconded. Motion carried. 7 Marie Je sen, CMC City Clerk - 14 - i