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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. - 1 - 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. 2 - i i 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. 3 - 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 - 4 - i 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. 5 - I 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, 6 - 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 7 - I 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. - 8 - i 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 9 - 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 - 10 -