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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/04/1991 Kent, Washington June 4 , 1991 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Assistant City Administrator Hansen, Police Chief Crawford, Fire Chief Angelo. Information Services Director Spang was excused from the meeting. Finance Director McCarthy, Personnel Director Olson and Parks Director Wilson were not in attendance. Approximately 50 people were at the meeting. PUBLIC Police Chief. Mayor Kelleher presented Ed COMMUNICATION Crawford, Kent' s new Police Chief, with the Chief ' s Badge and welcomed him to the City. He noted that refreshments will be served after the meeting in honor of Chief Crawford, and invited all to attend and meet him. Employee of the Month. Mayor Kelleher announced that Geary Murray of the Police Department Detec- tives Division has been selected as June' s Employee of the Month. He noted that Murray is praised by his fellow employees for his positive, courteous attitude and that his dedication to the job goes far above and beyond the call of duty. Chief Crawford congratulated Detective Murray, and he was presented with the Employee of the Month plaque. Kent Community Health Center Week. The Mayor read a proclamation declaring the week of June 10-14 , 1991, as Kent Community Health Center Week and en- couraged all citizens to acknowledge the contribu- tions of the Kent Community Health Center to the health and welfare of Kent' s citizens. He pre- sented the proclamation to Dr. George Heffner, who thanked the City for their support. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR H be approved. Mann seconded and the motion car- ried. MINUTES (CONSENT CALENDAR - ITEM 3A) _Approval of Minutes. Approval of the minutes of the regular Council meeting of May 21, 1991. HEALTH & (CONSENT CALENDAR - ITEM 3H) SANITATION Kent East Corporate Park Phase I. ACCEPTANCE of the bill of sale and warranty agreement submitted 1 June 4 , 1991 HEALTH & by Kent I Limited Partnership for continuous oper- SANITATION ation and maintenance of approximately 4 , 658 feet of water main extension and 1, 269 feet of sanitary sewer extension constructed in the vicinity of S. 218th Street and the East Valley Highway for Kent East Corporate Park and release of cash bond after expiration of the one-year maintenance period. WATER (CONSENT CALENDAR - ITEM 3G) Joint Use Reservoir. AUTHORIZATION to transfer $60, 000 from the Unencumbered Water Fund and to execute the agreement for purchase of Water Dis- trict 111 ' s equity in the Joint Use Reservoir, as approved by the Public Works Committee. STREETS (CONSENT CALENDAR - ITEM 3D) Van Doren's Landing Segregation. ADOPTION of Resolution 1284 segregating Assessments 45 and 46 of L. I. D. 327 as approved at the Council meeting of May 21, 1991. PUBLIC (OTHER BUSINESS - ITEM 4A) WORKS Combined Storm Water Detention/Enhanced Wetland Facility. The final report on the Combined Storm Water Detention/Enhanced Wetland Facility has now been completed and includes the recommendation for preferred plan for construction and preliminary construction costs. The study was funded through a grant from the Department of Ecology. In order to finalize the report and receive the remainder of the grant funds, it is necessary to transmit a signed copy of the final report to DOE by the end of June. The Public Works Committee has reviewed the final report and recommends acceptance of the report and authorization for the Mayor to sign the final re- port. Public Works Director Wickstrom noted that this project is a key element in solving the flooding and water quality problems in the Mill Creek Basin. He also pointed out that the area was classified as a unique and fragile area in the 1980 Valley Studies, and that wildlife habitat must be preserved. He explained that the cost of the project is approximately $14 , 000, 000 and that 2 June 4 , 1991 PUBLIC half is to be paid by a ULID within the area and WORKS the other half by the storm drainage utility over a three year period. Upon Dowell ' s question, he noted that the drainage utility is a tax on impervious surfaces and that the cost is currently approximately $2 . 50 a month. He said that the increase during the first year would be about 76 cents. He noted for Johnson that the project includes 36. 5 acres for detention facilities and 15. 5 acres for pretreatment ponds, and that the pretreatment ponds could be expanded. He noted for Dowell that the original lagoon was on 65 acres and that the final project will be 101 acres. Dowell asked whether the wetlands facility and construction on 64th Avenue South could be done at the same time, so as not to disrupt wildlife twice. Carol Stoner of the Environmental Committee explained that the pump dredge must be done in the winter, and construction on 64th Avenue must be done during the spring and summer. She said that hopefully the buffer will be in place when road construction begins so that the disruption is only one season. WHITE MOVED that the final report on the Combined Storm Water Detention/Enhanced Wetland Facility be accepted and the Mayor be authorized to sign same for transmittal to the Department of Ecology. Woods seconded. White noted that this project de- monstrates that the environmental community and the development community can work well together. The motion carried. SHORELINE (CONSENT CALENDAR - ITEM 3C) MASTER Shoreline Master Program Amendments. ADOPTION of PROGRAM Resolution 1283 approving the Shoreline Master AMENDMENTS Program Amendments as discussed at the City Coun- cil meeting on May 21. SENIOR (OTHER BUSINESS - ITEM 4B) HOUSING Senior Housing Project. The Mayor noted that this item consists of three parts: I . Authorization to enter into a preliminary agreement between the Bellewood Corporation and the City of Kent for development of the Senior 3 June 4, 1991 SENIOR Housing Project. The agreement conditionally HOUSING accepts the proposal, developer and architect and further authorizes the Administration to negotiate with the developer a final site plan, performance specifications and a final Contract for Sale of the Senior Housing Project. II. Passage of an ordinance accepting the agree- ment between the Housing Authority of King County and the City of Kent for the development, owner- ship and operation of the Senior Housing Project and authorizing execution of the Housing Coopera- tion Agreement. III. Endorsement of the Support Services package as outlined by the Kent Senior Housing Support Services Committee in the Framework for a Support Services Package. Assistant City Administrator Hansen pointed out that in 1990, voters approved a $6. 7 million bond issue for this project. Mayor Kelleher relin- quished the gavel to Council President Woods in order to make part of the presentation and parti- cipate in the discussion. He then explained that a competitive negotiation process was used for this project, and that under this process site se- lection, design, and selection of the contractor are all included in one proposal. He noted that the proposals received were evaluated and ranked by a committee, and that the top ranked team nego- tiates a contract with Administration. He ex- plained the criteria used for site selection and design of the project. Woods pointed out that she and Orr were not on the committee at the time the proposals were ranked. City Attorney Lubovich noted that, among other things, the Preliminary Agreement authorizes Ad- ministration to continue negotiations and develop final contract documents which will come back to Council for approval before execution. He ex- plained that under the Housing Cooperation Agree- ment, the City is responsible for the developing and furnishing of the facility and that upon com- pletion title will be conveyed to the Authority, who will maintain and operate the project. Morgan Llewellyn, owner of Rasmussen & Associates Real 4 June 4 , 1991 SENIOR Estate, stated that he had been retained by the HOUSING Harader Mebust Group to locate a site in Kent. He introduced Dean Chaussee, President of The Belle- wood Corporation, who told of their experience with this type of project. The architect, Tom Harader, outlined his firm' s experience and displayed a drawing of the facility. Janet Shull of the Planning Department noted that the Senior Housing Support Services Committee has developed the framework for the Support Services package which includes meal services, housekeeping, laundry/linen, personal care, health and social services, activities/social program, beauty/barber and transportation. She stated that hopefully the facility will serve the needs of frail seniors and that it will continue to house seniors as they age, so that they will not have to move. She noted that the committee will continue to work with the Authority and will later make a final recommendation to the Council . HOUSER MOVED to authorize City Administration to enter into a Preliminary Agreement to Contract for Sale between The Bellewood Corporation and the City of Kent in a form substantially similar to the agreement in the Council packet and further authorizing City Administration to negotiate with the developer a final site plan, performance spec- ifications and Contract for Sale. White seconded. Lubovich clarified for Dowell that the City will give title to the property and the building to the King County Housing Authority, but that there is a right of re-entry to obtain the title back. He also noted that there is a 90-day termination pro- vision. Dowell questioned whether a 90-day period is enough time to take over the operation of the facility if the County were to turn it over to the City. He verified for Mayor Kelleher that he feels the time period for terminating without cause should be longer in this agreement and also in the Housing Cooperation Agreement. The Mayor assured him that extending the time period would not present any difficulty. Upon Dowell ' s ques- tion, Harader noted that parking for each unit is not necessary, that 50% parking is adequate. Lubovich noted for Dowell that the $1, 000, 000 lia- bility insurance policy is standard, but that it could be increased. The Mayor asked that the Risk 5 June 4 , 1991 SENIOR Analyst determine whether $1, 000, 000 is sufficient HOUSING coverage for 92 people. Upon Dowell ' s question regarding fire flow, Fire Chief Angelo noted that there is more than enough fire flow at 4th and Meeker. He added that if development downtown is continued, the water system will need to be improved. The Mayor noted that if the fire flow were not enough, the building would have to be built to a higher standard, which would cost approximately $300, 000, and that since that type of construction was not anticipated or called for in the RFP, the City would pay the extra price. Hansen noted that $379, 000 is available which could be used to pay that additional amount. Lubovich noted for Dowell that there is no per- formance bond and that the City is under no obli- gation to pay until the project is complete. He also stated that it is his recommendation that any disagreements be handled through a litigation pro- cess rather than an arbitration process. The Mayor pointed out that because the contract contains a termination without cause provision, if the City is ever dissatisfied with the operation of the facility they could create their own housing authority and take the property back. Mann and Orr expressed pleasure that this project is becoming a reality and commended the committees and administration for their work on it. The motion to authorize City Administration to enter into a Preliminary Agreement to Contract for Sale between The Bellewood Corporation and the City of Kent in a form substantially similar to the agree- ment in the Council packet and further authorizing City Administration to negotiate with the develop- er a final site plan, performance specifications and Contract for Sale then carried. HOUSER MOVED for adoption of Ordinance 2985 accepting the Housing Cooperation Agreement and authorizing its execution. Orr seconded. Upon Dowell ' s question, Lubovich responded that the termination provision could be changed from 90 days to 120 days. Dowell offered the change to 6 June 4, 1991 SENIOR 120 days as a friendly amendment, which was HOUSING accepted by Houser and Orr. The motion to adopt Ordinance 2985 then carried. HOUSER THEN MOVED for endorsement of the Framework for a Support Services Package as outlined by the Kent Senior Housing Support Services Committee. Mann seconded and the motion carried. Paul Morford, 21264 - 132nd Avenue SE, spoke in favor of the project and said he hopes to see it completed soon. Upon the Mayor' s question, Harader stated that the construction documents could be ready in sixty days, and Hansen noted that if the plans are complete, review could be accomplished in 30-40 days. Tracy Faust, Chair of the Planning Commission, thanked the Council for their approval of this project tonight. Mayor Kelleher thanked the members of the committees, staff members, the developer and architect, and all who participated in this project. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through May 31, 1991 after auditing by the Operations Committee at its meeting at 4 : 45 p.m. on June 11, 1991. Approval of checks issued for vouchers: Date Check Numbers Amount 5/16-5/31/91 105336-105991 $1, 562, 118 . 18 Approval of checks issued for payroll : Date Check Numbers Amount 6/5/91 01155606-01156332 $ 634, 466. 71 (CONSENT CALENDAR - ITEM 3E) Domestic Abuse Women's Network (DAWN) Shelter. AUTHORIZATION to allocate a minimum of $10, 000 to the Domestic Abuse Women' s Network (DAWN) as rec- ommended by the Planning Committee and the Opera- tions Committee to provide for the development of a confidential shelter within the City of Kent. 7 June 4 , 1991 FINANCE (CONSENT CALENDAR - ITEM 3F) Catholic Community Services (CCS) Severe Weather Emergency Shelter. AUTHORIZATION to allocate $2 ,500 contingency funding to Catholic Community Services (CCS) to assure that vouchers can be pro- vided for severe weather sheltering through Decem- ber 1991 as recommended by the Planning Committee and the Operations Committee. EXECUTIVE City Attorney Lubovich asked that an executive SESSION session of approximately fifteen minutes be held regarding two items of litigation: 1) the Rugg lawsuit, and 2) Agenda Item 5A, LID 336 - East Valley Highway Improvements. He asked that the executive session take place before discussion of the East Valley Highway Improvements, since it could impact that item. The meeting adjourned to Executive Session at 8 : 50 p.m. and reconvened at 9 : 05 p.m. (RUGG) Regarding the RUGG lawsuit, Lubovich noted that no action will be taken at this time. (LID 336) (BIDS - ITEM 5A) LID 336 East Valley Highway Improvements. Bid opening was held May 24 with seven bids received. The low bid was submitted by Gary Merlino Con- struction in the amount of $2 , 587 ,703 . 45. Staff recommends that this bid be accepted. After the executive session, Lubovich stated that a lawsuit had been filed today regarding the bid- ding process and seeking a court order preventing the City from awarding the contract to the company they consider to be the most responsible bidder. He added that he has reviewed the potential out- comes of awarding the contract. WHITE MOVED that Merlino Construction be awarded this contract in the amount of $2 , 587 ,703 . 45 as the lowest respon- sible bidder and that the Council issue the fol- lowing findings of fact as the basis for awarding this bid, based on information provided by the Public Works Department: Merlino Construction has acted with financial responsibility, has provided the City with satisfactory past performance and has fully complied with all technical specifica- tions. Houser seconded and the motion carried. 8 June 4 , 1991 REPORTS Public Works Committee. White reported that he had recently attended a meeting of the National League of Cities Transportation and Communication Committee in Washington D. C. and that he had attended presentations on the Highways Bill and on Cable TV. He added that although there will be a new Cable TV Act, it will not contain a lot of changes. Parks Committee. Dowell noted that a request was received this date from the Operations Committee and that although it was discussed at the committee meeting, no decision was reached. He added that more information will be forthcoming from the Parks and Finance departments. ADJOURNMENT The meeting adjourned at 9 : 15 p.m. f Brenda Jac(er,;! CMC Deputy City\-f-Yerk 9