HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/16/1985 i
Kent, Washington
September 16 , 1985
Regular meeting of the Kent City Council was called to order at 7: 00
o' clock p.m. by Mayor Hogan. Present: Mayor Hogan, Councilmembers
Bailey, Biteman, Johnson, Kelleher, Leahy, White and Woods, City
Administrator Cushing, City Attorney DiJulio, Planning Director
Harris , Public Works Director Wickstrom and Finance
Director McCarthy. Approximately 30 people were in attendance at
the meeting.
PRESENTATION Michael Sweet. Ford Kiene, Chairman of the Kent
-Drinking Driver Task Force, introduced Michael
Sweet, winner of the Task Force poster contest.
Michael was a 6th grade student at Lake Youngs
Elementary School and his poster has been displayed
on billboards and on school book covers. He noted
also that the Kent Police Department used Michael ' s
design on their annual report. Michael and his
parents were introduced and Mayor Hogan presented
him with a certificate from the City.
PERSONNEL Finance Department Award. Dick Saunders , Finance
Director of Bellevue, noted that the City of Kent
had won the Governmental Finance Officers Associ-
ation Award for the City' s 1985 budget and pre-
sented a plaque for Distinguished Budget Present-
ation to Finance Director McCarthy and Accounting
Supervisor May Miller.
CONSENT WOODS MOVED that the Consent Calendar Items A
CALENDAR through T be approved except for Items Q and R
removed by Bailey and Item O removed by Biteman.
Johnson seconded and the motion carried.
MINUTES (CONSENT CALENDAR ITEM 5A)
Approval of Minutes. APPROVAL of the minutes of
the regular Council meeting of September 3 , 1985
and of the special meeting of September 9, 1985.
HEALTH & (CONSENT CALENDAR ITEM 5J)
SANITATION Metro Extension of Agreement for Sewage Disposal.
AUTHORIZATION for the Mayor to sign an extension
of agreement for sewage disposal with Metro, as
recommended by the Public Works Committee.
STREETS (CONSENT CALENDAR ITEM 5H)
Reallocation of Funds - 76th Avenue S. AUTHORI-
ZATION to transfer $60 , 000 from completed street
fund and establishment of budget for 76th Avenue
improvements, as approved by the Public Works
Committee.
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September 16 , 1985
STREETS (CONSENT CALENDAR ITEM 5I )
Agreement with Washington State Department of
Transportation - SR 516 & 152nd Avenue S.E. AS
recommended by the Public Works Committee, AUTHORI
ZATION for the Mayor to sign an agreement with the
Washington State Department of Transportation
for payment to them for added construction costs
incurred in designing their improvements to accom-
modate the City ' s water transmission main which is
located within the limits of the signalization
-project at SR 516 & 152nd Avenue S.E.
S.E. 256th and 116th Avenue S.E. Intersection
Improvement. Bid opening was September 11 with
two bids received. The low bid of $244, 147. 44
submitted by Signal Electric exceeds the Engineer ' s
estimate of $215, 955. 50 and the Director of Public
Works requested that this matter be held over to
the next Council meeting, October 7. KELLEHER SO
MOVED. Biteman seconded and the motion carried.
Benson Highway. Mayor Hogan noted receipt of a
letter from the State Department of Transporta-
tion stating that there would be a public meeting
on Tuesday, September 24th at the Panther Lake
School at 7: 00 p.m. to receive comments prior to
the publication of the EIS for the construction
of additional lanes on the Benson Highway between
S.E. 235th and 196th. It was noted that the
City should be represented at the meeting.
WATER (CONSENT CALENDAR ITEM 5K)
Soos Creek Well Chlorination Facilities - Transfer
of Funds. AUTHORIZATION to transfer $20 , 000 from
the 1982 Bond Issue Fund to this project fund,
as recommended by the Public Works Committee.
Soos Creek Well Chlorination Facilities. Bid
opening was held August 29 with seven bids received.
The low bid was submitted by Mayer Construction in
the amount of $48 , 828. 00. It is recommended this
bid be accepted. The Engineer ' s estimate was
$54, 900. 00. KELLEHER MOVED that the bid for
$48, 828. 00 from Mayer Construction be accepted for
the Soos Creek Well Chlorination Facilities, Woods
seconded. Motion carried.
ANNEXATION (CONSENT CALENDAR ITEM 5G)
Ruppert Annexation. ACCEPTANCE of the 75 percent
petition and AUTHORIZATION for the City Engineer
to file a notice of intent with the King County
Boundary Review Board.
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September 16 , 1985
ANNEXATION (CONSENT CALENDAR ITEM 5L)
Annexation of Impoundment Reservoir Property.
AUTHORIZATION for the City Engineer to file a
notice of intent with the Boundary Review Board
for annexation of the impoundment reservoir pro-
perty for municipal purposes.
ZONING (CONSENT CALENDAR ITEM 5E)
Commercial Manufacturing Zoning Ordinance.
ADOPTION of Ordinance No. 2578 entitled:
AN ORDINANCE of the City of Kent,
Washington, relating to land use
and planning; correcting Ordinance
2528 ; renumbering and retitling
KCC 15. 04. 120, "Commercial and
Manufacturing" to KCC 15. 04. 130,
"CM, Commercial Manufacturing-2" ;
reenacting and retitling KCC 15. 04. 120,
"CM, Commercial Manufacturing to
"CM, Commercial Manufacturing-1" .
Kent City Code Section 15. 04. 120 titled "Commer-
cial Manufacturing was inadvertently deleted
by passage of Ordinance 2528. This ordinance
corrects the irregularity created by adoption
of Ordinance 2528. This matter was reviewed
and approved by the Council at its meeting on
August 19, 1985.
WEST VALLEY (CONSENT CALENDAR ITEM 5D)
INDUSTRIAL West Valley Industrial Development. AUTHORIZATION
DEVELOPMENT for the Planning Department to conduct the West
Valley Industrial Development Program.
TRAFFIC CONTROL (CONSENT CALENDAR ITEM 5F)
Speed Humps Ordinance. ADOPTION of Ordinance
No. 2579 entitled:
AN ORDINANCE of the City of Kent,
Washington, relating to traffic and
streets ; authorizing speed humps
on 38th Avenue S. from Reith Road
to Military Road, and on 42nd Ave. S.
( Cambridge Drive) between Reith Road
and S.E. 268th St. ; establishing
standards and directing installa-
tion by the Public Works Department.
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September 16 , 1985
TRAFFIC CONTROL This matter was approved at the City Council
meeting on September 3 , 1985. The Council directed
the City Attorney to prepare this ordinance.
(The City Attorney corrected the Ordinance by
deleting the last sentence of Section 3 . )
(CONSENT CALENDAR ITEM 5M)
Crow Road Traffic Problems. ACCEPTANCE of a staff
recommendation for improved signing, enhanced
enforcement, and public education for the
Crow Road traffic problems, as supported by the
Public Works Committee.
(CONSENT CALENDAR ITEM 5N)
Pacific Business Center II. AUTHORIZATION for the
Public Works Department to prepare a latecomers
agreement and for the Public Works Director to
sign said agreement for traffic signal installa-
tions required in conjunction with construction
of the Pacific Business Center II at 72nd Avenue
South and S. 220th.
(CONSENT CALENDAR ITEM 5R)
REMOVED BY COUNCILMEMBER BAILEY
Trailer Parking - Ordinance. Upon Bailey ' s
question, DiJulio explained that Ordinance 2582
establishes penalties for parking trailers or
semi-trailers on City streets. Such parking
has already been prohibited. It was determined
that this included travel trailers. WOODS MOVED
to adopt Ordinance 2582. Johnson seconded and
the motion carried.
ANIMAL CONTROL (CONSENT CALENDAR ITEM 5Q)
REMOVED BY COUNCILMEMBER BAILEY
Snakes. Upon the recommendation of the Public
Safety Committee, the City Attorney has prepared
Ordinance 2581, amending the Animal Control ordi-
nance, continuing the prohibition of the posses-
sion of poisonous snakes and reptiles and adding
prohibition of the sale of same. Non-poisonous
snakes, such constrictors and reptiles, will now
be allowed when licensed and a notice will be
required to be posted on the door. The previous
code prohibited constrictors.
Bailey spoke against permitting constrictors,
noting that they were dangerous and stated further
that the requirement for a decal on the front
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September 16, 1985
ANIMAL CONTROL door of any residence having such a constrictor
was not sufficient warning to Public Safety offi-
cers. BITEMAN MOVED to adopt Ordinance 2581
and Kelleher seconded. At Johnson ' s request,
DiJulio explained the provisions of the existing
ordinance and the changes which would occur with
the addition of this ordinance. White noted
that he had a problem with the proposal to license
reptiles, noting that the current animal licenses
made provisions for leashes and provided for
-reduced license fees for neutered animals. He
favored the decal requirement. Kelleher noted
that the Public Safety Committee had recommended
the license and decal approach mainly for Fire and
Police personnel safety. Biteman noted that his
eleven year old daughter wore a live boa around
her neck without incident and pointed out that
the committee had spent much time on this issue
and that this proposal was a "mid-point" compromise.
The motion to adopt Ordinance 2581 failed with only
the Public Safety Committee members , Biteman,
Kelleher and Leahy, supporting it.
FOSTER INDUSTRIAL (CONSENT CALENDAR ITEM 5T)
PARK FINAL PLAT Foster Industrial Park Final Plat. The Foster
Industrial Park Final Plat has been received by
the Planning Department and is in compliance
with the subdivision code. AUTHORIZATION is
given to hold a public hearing for the Final
Plat to be approved, disapproved or returned to
the applicant for modification or correction,
after issuance of the Shoreline Permit by the
Department of Ecology.
VALLEY Johnson noted that he had visited the Valley
COMMUNICATIONS Communications Center and had been impressed.
He urged the Council to visit and observe the
new enhanced 911 system in operation.
BANNERS It was noted that Green River Community College
had requested permission to place banners within
the City between September 19 and September 27 .
It was noted that the Council had placed a mora-
torium on such banners until the proposed compre-
hensive street use permit ordinance is adopted.
HISTORICAL Peter Saar Cemetery. Mayor Hogan noted that the
PRESERVATION cemetery is owned by the Methodist Church and that
the Church had advised that they were not inte-
rested in having the cemetery declared an
historical site.
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September 16, 1985
SENIOR CENTER Kent Senior Center. Bids were received on Wednes-
day, September 11, 1985 , for construction of the
new Kent Senior Center. The apparent low bid
was submitted by Jones & Roberts Company of
Olympia, in the amount of $2 , 090 , 000. Bids were
received from six contractors. The low bid was
8. 1 percent below the estimate of the Henry Klein
Partnership. The architect ' s estimate was
$2 , 275 , 000. Jan Rosholt , Project Manager, and
the Project Architect , David Hall , recommend
the contract be awarded to Jones & Roberts Company,
contractor, in the amount of $2, 090, 000 with work
to be completed in 360 calendar days.
The following bid tab was distributed:
Completion
in
Calendar
nays
Bidder Base Bid
Amurcon Northwest Corp. 2,783 000 365
Federal Construction Co. 2,3 7 6,500 450
Jones&Roberts Co. 2,090,000 360
Gordon Korsmo Construction 2,201,900 455
Newland Construction 2,340,000 426
Wm.N.Parks Construction^ 2,3 49,000
Architect 2,275,000 3 5
DiJulio noted that Jones & Roberts Company had
advised the architect of an apparent mistake in
calculation in the bid of approximately $88, 000
and have requested that the bid be determined
to be non-responsive, and therefore rejected.
DiJulio reviewed the standards under which such a
request may be considered, which included the
guidelines for forfeiture of bid bonds. Lewis
Jones of Tacoma noted that the firm had made
an honest error and had promptly notified the
architect.
DiJulio noted that the council did not know the
basis for the correction, and pointed out that the
second low bidder, Gordon Korsmo Construction,
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September 16 , 1985
SENIOR CENTER was $112 , 000 higher than Jones & Roberts and would
require approximately 100 additional days to
complete the job.
The City Attorney has prepared Ordinance 2583
rejecting the claim of error and awarding the
bid to Jones & Roberts in the amount of $2 , 090, 000
providing that if Jones & Roberts fails or
refuses to execute the contract and bonds required
within ten days after the City gives notice of
•acceptance of the bid, the City shall award the
bid to Korsmo Construction in the amount of
$2, 201, 900 and further, authorizing the City
Attorney to proceed against Jones & Roberts
Company for damages or other remedies if the con-
tract is not executed and delivered.
DiJulio pointed out that the City Council would
not meet again in regular session until October 7.
WOODS MOVED to adopt Ordinance 2583 . Johnson
seconded and the motion carried.
CLAIMS (CONSENT CALENDAR ITEM 5P)
Settlement of Kent v. Nirk Ordinance. ADOPTION of
Ordinance No. 2580 entitled:
AN ORDINANCE of the City of Kent,
Washington, relating to Civil Ser-
vice and Personnel , authorizing
compromise and settlement of the
ongoing proceedings in Kent v.
Nirk, Court of Appeals Cause No.
16063-0-1 ; authorizing the expendi-
ture of $250 , 000 from the contin-
gency fund to provide for the
settlement of this proceeding; author-
izing the City Attorney to pre-
pare and execute necessary docu-
ments to accomplish this settle-
ment.
This matter was discussed with the Council on
August 19, 1985. This ordinance approves and
confirms the Nirk settlement.
PARKS Van Doren' s Landing Change Order No. 4. Inasmuch
as there are adequate funds left in the Van
Doren' s Landing Park Project Fund to cover the
cost of an automatic ( labor saving) sprinkler
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September 16, 1985
PARKS system, the Parks Department recommends approval
of such a system. JOHNSON MOVED that Change
Order No. 4 in the amount of $28, 294. 60 be approved
and added to R. W. Scott ' s contract for the install-
ation of an automatic sprinkler system at Van
Doren' s Landing Park. Bailey seconded and the
motion carried.
POLICE (CONSENT CALENDAR ITEM 5S )
Remodel of City Hall Space. APPROVAL of the
•plans and specifications of Joey Ing & Associates
and AUTHORIZATION to call for bids for the
remodelling project for the Police Department
space in the City Hall .
FINANCE (CONSENT CALENDAR ITEM 5B)
Approval of Bills. APPROVAL of payment of the
bills received through September 30, 1985 after
auditing by the Finance Committee at its meeting
at 4: 00 p.m. on September 30 , 1985.
MIDWAY LANDFILL ( CONSENT CALENDAR ITEM 50)
REMOVED BY COUNCILMEMBER BITEMAN
Midway Landfill - Resolution 1070. Following
discussion at the workshop the City Attorney
prepared Resolution 1070 requesting that the
City of Seattle proceed with environmental
review and accelerated testing and implementa-
tion of closure plans with respect to the
Midway Landfill . Biteman noted that many meet-
ings had taken place in the past month and read
these portions of the Resolution into the record:
WHEREAS, as early as November 1983 Parametrix advised
Seattle that preliminary groundwater monitoring indicated that
leachate generated by the Midway Landfill was migrating off site;
and
WHEREAS, the City of Seattle has continued to delay the
implementation of necessary testing to determine the spread of
contaminates from the Midway Landfill and ha's delayed in the
environmental review and closure process; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY RESOLVE AS FOLLOWS:
section 1. The conduct of the City of Seattle in
delaying the environmental review of the Midway Landfill Closure
Plan, and in delaying to implement necessary testing to determine
the spread of contaminates from the Landfill, is unacceptable.
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September 16, 1985
MIDWAY LANDFILL section 2. The city of seattle is hereby strongly urged
to expedite the environmental review leading to the closure of the
!Midway Landfill and to commence more extensive testing to deter-
mine the spread of contaminates from the Landfill.
KELLEHER MOVED to adopt Resolution 1070, Woods
seconded and the motion carried.
city of Seattle Report.
.MarkEa ons o Seattle Solid Waste Utility, Project
Manager for the Midway Landfill closure, displayed
maps showing where gas was found to be migrating
off the site. He noted that both EPA and DOE
had recommended that the City proceed under emer-
gency conditions to construct a system now, to
stop the gas migration. He explained the plan
to drill between 26 and 52 deep wells around
the site to be connected to a central blower
system to draw the gas up to be burned off. He
showed the design of the type of wells proposed.
He confirmed for Mayor Hogan that the contract
was awarded last week and clarified for Bailey
that the blowers would create noise, so they
should be enclosed. Upon White ' s question,
Eadons stated that construction should start this
week and that each well would take approximately
one day to drill, and that it would be approx-
imately four to five months until the major plant
was constructed. He pointed out that such a
plant would be in place for a very long time,
since the Health Department required that the site
be monitored for 30 years after closure. Eadons
showed the proposed site of the plant, and showed
where the nearest homes and businesses were
located. Upon Biteman ' s question, he stated
that he had not heard of any methane gas having
been detected at the Sunnycrest School.
COUNCIL (CONSENT CALENDAR ITEM 5C)
COMMITTEES Councilmember Absence. GRANTING excused absences
for Judy Woods, who will be out of the City from
September 19 to October 21 .
COUNCIL Public Works & Planning. Kelleher noted receipt
of a letter from the White River Historical Society
requesting funding in the 1986 budget. He MOVED
for the letter to be made a part of the record
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September 16, 1985
COUNCIL and noted that the matter would be addressed at
COMMITTEES the next Committee meeting. Woods seconded and
the motion carried.
Parks. Helen Adams noted that King County had
applied for Block Grant Funding for the Inter-
urban Trail from S. 228th to Meeker Street and
asked that the Council go on record as supporting
the County ' s application by sending a letter to
County Executive Revelle. BAILEY SO MOVED.
•White seconded and the motion carried.
ADJOURNMENT BAILEY MOVED that the meeting be adjourned at
7: 50 p.m. , Leahy seconded. Motion carried.
Marie Je'Asen, CMC
City Clerk
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