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
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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
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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
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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
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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
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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
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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.
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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.
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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
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