HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/05/1995 Kent, Washington
July 5, 1995
Due to the holiday, the regular meeting of the Kent City Council
was called to order at 7 :00 p.m. on Wednesday, July 5, by Mayor
White. Present: Councilmembers Houser, Johnson, Mann, Orr and
Woods, Operations Director/Chief of Staff McFall, City Attorney
Lubovich, Planning Director Harris, Public Works Director
Wickstrom, Police Chief Crawford, Fire Chief Angelo, and Parks
Director Hodgson. Councilmembers Bennett and Clark were excused
from the meeting. Approximately 60 people were in attendance.
PUBLIC Employee of the Month Mayor White announced that
COMMUNICATIONS Madelyn Phiel of the Public Works Department,
Operations Division, has been selected as Employee
of the Month for July. He noted that Madelyn
greets everyone with a smile and cheery disposi-
tion providing information or assistance to the
public as well as employees. He also noted that
she is very active in the City's Wellness Program
and is extremely dedicated to the idea of well-
ness. Eddie Chu, new Public Works Operations
Manager, noted that Madelyn is very well liked and
that she is very good in the office operations
system. He mentioned that she is also involved
in the complaint tracking system which deals with
the public, and that she has a real good handle on
the system. Mayor White presented Madelyn Phiel
with a plaque and congratulated her on being
selected as the Employee of the Month for July,
1995.
Kent Community Foundation Donation Mayor White
noted that June was Kent Community Foundation
Month and then introduced Brad Bell, President of
the Foundation. Mr. Bell presented the City of
Kent with a $7, 000 check to help support the Kent
Fire Department, "Fire Flies Newsletter, " the
Kent Police Department's "Attitudes and Choices
Program, the Kent Drinking Driver Task Force's
"Keep a Friend Alive" program, the Kent Parks
Department's "Canterbury Faire and Kent Kids Art
Day. " He noted that the Foundation has enjoyed
their relationship with the City in the past and
hope to continue the friendship in the future. He
explained that the Foundation supports Arts and
Education programs in the greater Kent area and
are proud to present the City with this check.
Mayor White thanked Mr. Bell for the donation, and
noted that the City appreciates working with the
Community Foundation because they do good things
in and for the community.
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July 5, 1995
PUBLIC Automatic Fingerprinting - King County Counci?-
COMMUNICATIONS member Jane Hague, King County Councilmember Jane
Hague, 516 - 3rd Avenue, Seattle, Washington,
explained that she was present tonight to discuss
the continued cooperation on fighting crime. She
noted that this Fall an opportunity will be given
to take a look and hopefully authorize the best
crime-fighting tool besides the Police Department
which is AFIS (Automated Fingerprinting
Identification System) .
Hague stated that since 1986, approximately 4, 600
dangerous criminals have been taken off the
streets because of AFIS and the ability to match
fingerprints with a computerized database to put
those people in jail. She further stated that of
those 4, 600 dangerous criminals, 850 have been
identified as liars or people who have assumed
another identity and would not have been detected
without AFIS. She noted that 33 of those 4, 600
criminals were wanted for murders and other
vicious crimes which were so vicious as to not
warrant bail. Hague explained that there are two
particular reasons to renew AFIS which are: 1) It
is a proven technology for law enforcement, and
2) this re-authorization takes advantage of a new
third generation of technology that gives better
and quicker service to all of the police depart-
ments including the suburban police departments.
She further explained that the AFIS levy is very
important for suburban cities because with AFIS
local police are often able to solve crimes for
which they have no suspects as fingerprints can
be sent through and the matching takes care of
finding the suspect; without AFIS a suspect has to
be in mind and can escape detection for years.
She stated that AFIS is a regional system, and
that the City of Kent's best spokesman is Chief
Crawford who has been a regional leader in not
only coming together with the AFIS proposal, but
also in sharing on the Regional Law and Justice
Committee. She noted that Chief Crawford has done
many fine things for criminal justice throughout
King County, and is a real asset to the City as
well as King County. She noted that Chief
Crawford put together a technical committee that
had taken a look at how to best bring this levy
forward and has been very instrumental in dis-
cussing several of the enhancements.
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July 5, 1995
PUBLIC Hague stated that when the Regional Justice Center
COMMUNICATIONS is opened in 1997, the AFIS system will be a very
important tool for the City of Kent because it
will enhance the ability to integrate what is
happening with this Regional Justice Center to
what is happening in the downtown (Seattle) faci-
lity. She explained that it is critical for these
two systems to integrate and talk to each other,
that the levy would allow the replacement of an
AFIS computer which will be an out-of-technology
system in the next couple of years, and that by
the year 2000 there will be no service on the
existing system so it's very important to stay
current. Ms. Hague mentioned that several new
things will be done with AFIS such as: 1) finger-
printing youth at the Department of Youth Services
and the North Rehabilitation Facility of which
both places need to have fingerprints captured in
order to enlarge the database and keep it func-
tioning; and 2) looking at filling in gaps in the
system because the new wave of crime requires a
new generation of technology. She explained that
the levy would continue efforts to decentralize a
regional system and give more control to local
jurisdictions. She further explained that one of
the important aspects of AFIS is a $1. 3 million
technology grant that allows suburban cities to
apply for technology which is particular to their
own policing efforts. She noted that AFIS is a
bargain which is up $.05 from where it was five
years ago, but that it is buying a state-of-the-
art system and the ability to fight crime as crime
proceeds into a new generation. She noted that
Chief Crawford was given a handout of the basic
components of the AFIS System and asked that the
Clerk give a copy to each councilmember.
Mayor White thanked Ms. Hague for sharing with the
Council, and noted that he has had some discus-
sions with Chief Crawford on this matter. He also
mentioned that this is a worthwhile cause.
Parks and Recreation Month. Mayor White read a
proclamation declaring the month of July, 1995 as
Recreation and Parks Month in the City of Kent.
He noted that park and recreation services
contribute to the overall quality of life in a
community and enhances the desirability of loca-
tions for families, businesses, and stimulates
tourism which increases a total community economic
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July 5, 1995
PUBLIC development model. He urged citizens to join in
COMMUNICATIONS this nationwide celebration bringing recognition
to all the benefits derived from quality public
and private recreation and park resources at the
local level. The Mayor presented the proclamation
to Parks Director Hodgson.
Festival of the Rivers. The Mayor read a pro-
clamation declaring October 14, 1995 as Green/
Duwamish Watershed Day in the City of Kent. He
noted that the Green Duwamish Watershed Alliance
is sponsoring a Festival of the Rivers to cele-
brate the Green and Duwamish watersheds, and that
this organization involves citizens, tribes,
organizations, and agencies working cooperatively
towards watershed management. The Mayor en-
couraged citizens to participate in this special
event of enhancement and protection activities
such as stream clean ups, planting projects, plant
salvaging, and educational workshops in order to
make a rich and valuable contribution to their
future. The proclamation was presented to Public
Works Director Wickstrom.
Regional Justice Center Update. Wendy Keller,
Project Manager, gave a brief update on the
Regional Justice Center project. She noted that
it has been five weeks since the groundbreaking
ceremony and that many things have happened on the
site since then. She noted that offices have been
set up for Hensel Phelps on the southwest corner
of the site on Smith Street, and that the Regional
Justice Center Site Office is located in the
Centennial Building on the 3rd Floor. She ex-
plained that all of the preload scheduled for
removal is now gone and that the remaining soil
will be used on the site. She further explained
that they tried to be real responsive when anyone
had an issue of the dust created by the moving of
the soil by having extra water trucks there, and
that they spent additional time making sure that
the street was flooded a few times to help keep
the dust down as well as sweeping it often.
Keller noted that the steel has arrived early,
and that they have started the formal pile driving
which will drive 15 piles a day and continue for
about 44 working days. She explained that they
are using a new hammer for doing the piling which
isn't as noisy as the typical pile driver.
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July 5, 1995
PUBLIC Keller noted that all of the stormwater retention
COMMUNICATIONS system is in, and that the City completed the
James Street Improvements which allowed King
County to put in the 10 ft. high security fencing
with a warning not to come in. She explained that
they have also started the over excavation for all
of detention, and that their goals are to have all
piles out of the way, all paving on the site done,
and all the foundations in before the end of
September. She thanked everyone who attended the
groundbreaking and noted that there are tons of
pictures available for those who want to see them.
She noted that King County is working with each
department which is going to work in the building
and that they will be walking through every
department's operational procedures over the next
twelve months. Keller explained that in the
twelve month period, there will be recruitment for
new staff and new hires, arrangements made with
the State for training of all the officers, and
review of all the operational manuals for the
equipment that will be coming into the building.
She noted that pictures will be shown to the
Council each month of the progression along with
an executive summary of the activities.
CONSENT WOODS MOVED that Consent Calendar Items A through
CALENDAR P be approved. Johnson seconded and the motion
carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
PApuroval of Minutes. APPROVAL of the minutes of
the regular Council meeting of June 20, 1995.
PUBLIC SAFETY (CONSENT CALENDAR - ITEM 3D)
Pawnbrokers Ordinance - Amendment. ADOPTION of
Ordinance No. 3235 relating to pawnbrokers.
During the 1995 legislature session, pursuant to
House Bill 1012, the State Legislature amended the
Revised Code of Washington as it relates to the
regulation of pawnbrokers. This ordinance amends
Chapter 5. 05 of the Kent City Code to be in
conformance with the recent state legislation.
CODES (CONSENT CALENDAR - ITEM 3H)
1994 Edition of the Uniform Fire Code ADOPTION
of Ordinance No. 3236 relating to the Fire Code.
The 1994 edition of the Uniform Fire Code has been
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July 5, 1995
CODES adopted by the State to be effective June 30,
1995. This ordinance amends Chapter 13 . 02 of the
Kent City Code to adopt the 1994 Uniform Fire Code
in conformance with state law.
PARKS & (CONSENT CALENDAR - ITEM 3I)
RECREATION Riverbend Golf Course Paving Project ACCEPTANCE
of the Riverbend Miniature Golf Course paving
project as complete, and release of retainage to
Hi-Grade Construction Asphalt, Inc. upon receipt
of state releases.
(CONSENT CALENDAR - ITEM 3J)
Riverbend Miniature Golf Course Fencing
ACCEPTANCE of the Riverbend Miniature Golf Course
fencing project as complete, and release of re-
tainage to All-Ways Fence Enterprises, Inc. upon
receipt of state releases.
(CONSENT CALENDAR - ITEM 3K)
Riverbend Miniature Golf Course ACCEPTANCE of
the Riverbend Miniature Golf Course project as
complete, and release of retainage to Harris
Miniature Golf Courses, Inc. upon receipt of state
releases.
(CONSENT CALENDAR - ITEM 3L)
West Fenwick Lighting Project ACCEPTANCE of the
West Fenwick Lighting project as complete, and
release of retainage to KB Electric upon receipt
of state releases.
COMPREHENSIVE (CONSENT CALENDAR - ITEM 3N)
PLAN Amendment Procedures for Kent Comprehensive Plan.
ADOPTION of Ordinance No. 3237 relating to
Amendment Procedures for the Kent Comprehensive
Plan, as recommended by the Planning Committee.
The Growth Management Act requires that cities
establish procedures for amending comprehensive
plans, and stipulates that plans can only be
amended once a year. This ordinance establishes
procedures for amending the City's recently
adopted comprehensive plan, and establishes a
timeline for annual amendments, standards of
review, notification and fees. The Planning
Committee discussed this item on April 18, May 16,
and June 20, 1995 and is recommending approval of
the ordinance with some additional sections added.
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July 5, 1995
FRANCHISE (OTHER BUSINESS - ITEM 4B)
Metricom Franchise. This date has been set for
the first reading of the Metricom, Inc. Franchise
Ordinance, followed by the second reading and
proposed passage on July 18 for Council action, as
recommended by the Public Works Committee. This
Franchise relates to the use of a wireless data
communication system connected through a device
attached to utility poles. The City and Metricom
were unable to agree on final language for
Section 5 of the proposed franchise.
Tom Brubaker, Assistant City Attorney, gave a
brief presentation on the overall franchise. He
explained that the essential function allows
portable PC's to connect through a wireless modem
into the Internet. He noted that it' s a subscrip-
tion based service which acts as an alternative to
using a cellular phone or using a phone jack and
that the devices used do not require digging
underground but attach to utility poles or light
standards and is about the size of a shoe box. He
noted that it is visible up on the arms of the
power poles and that they draw a minimum amount of
power from the light unit. He also noted that
this franchise will be for a five year term which
will be renewable for one additional five year
period, but that there is one point of contention
regarding essentially the franchise fee. He
explained that the City is allowed, by law, to
charge a franchise fee if the City chooses to in
order to grant the franchise. He stated, however,
that most cities, to-date, have not charged any
substantial franchise fee. Brubaker emphasized
that the question is how far does the City want to
push for a franchise fee and how much risk does
the City want to take to lose the provision of
this service and the benefit it would provide to
the citizens. Brubaker explained that what he's
tried to offer Metricom is in exchange for the use
of power from our power poles, that they provide
us with a certain number of free subscriptions of
which they have rejected.
Mike Flynn, Right-of-Way Agent for Metricom,
requested an opportunity to brief the Council on
Metricom's ricocheting network. Mayor White
cautioned that this is the first reading of the
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July 5, 1995
FRANCHISE franchise ordinance and asked Mr. Flynn to just
give a brief presentation. Mr. Flynn displayed a
picture of what the device looks like in place and
noted that the benefits to the City will include
Fire & Police Services as well as to the City's
local area network by any and all users including
City officials. He explained that it allows a
user of a PC or Personal Digital Assistant to
basically plug into a radio modem replacing the
need for a phone line so a person can access the
network from a remote location. He further
explained that the one issue of providing free
service to the City was rejected because they have
not offered that service to any of the other
cities in which they have contracts and that the
contracts include a most favored nation type
clause which states that "wherein if one City
derives some benefit that another city has not
then Metricom has to go back and re-do all of the
contracts within the area to accommodate for it. "
He explained that they are a very low cost pro-
ducer with an unlimited access to the system for
as low as $30 a month, but that they do not have a
lot of margin to give away a free product in order
to bring the benefits to the City. Upon Mayor
White's question, Mr. Flynn clarified that the
power would be supplied either by the City of Kent
or Puget Power. Brent McFall suggested that
direction from Council to staff to prepare a final
recommendation attempting to negotiate a final
agreement on this franchise ordinance before it
comes back to Council would be appropriate. WOODS
SO MOVED. Orr seconded and the motion carried.
STREET (CONSENT CALENDAR - ITEM 3M)
IMPROVEMENTS LID 330 Segregation ADOPTION of Resolution No.
1436 authorizing the segregation of Assessment #6
in LID 330, as recommended by the Public Works
Committee. The property is being divided into it
parcels, thereby each one paying its equal share
of the assessments.
SIDEWALKS (BIDS - ITEM 5A)
loath Avenue Sidewalks Bid opening for this
project was held on Thursday, June 29th with 2
bids received. The low bid was submitted by
Tydico, Inc. in the amount of $71, 000. 00. The
Engineer' s estimate was $86, 675. 00. The project
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July 51 1995
SIDEWALKS consists of constructing an asphalt concrete
pedestrian walkway along the east side of 108th
Avenue S.E. from S.E. 264th Street to S.E. 274th
Street and a gravel walkway along the south side
of S.E. 274th Street from 108th Avenue S.E. to
110th Avenue S.E.
It is the recommendation of the Public Works
Director that this project be awarded to Tydico,
Inc. for the bid amount of $71, 000. 00.
MANN MOVED that the 108th Avenue Walkway/SE 274th
Walkway contract be awarded to Tydico, Inc. for
the bid amount of $71, 000. 00 Woods seconded.
Upon Houser' s question, Wickstrom explained that
the work on 274th is the alignment for the 277th
Corridor and that it will be graded out which
will cost $4000-$5000. The motion then carried
unanimously.
POLICE (CONSENT CALENDAR - ITEM 3G)
1995 Summer Youth Academy Funding AUTHORIZATION
to use funds left over from the 1994 Summer
Youth Academy (approximately $300) for the 1995
Academy, as requested by the Police Department.
HUMAN (CONSENT CALENDAR - ITEM 3E)
RESOURCES Secretarial Su000rt - Planning Department
AUTHORIZATION for the Planning Department to hire
a full time Administrative Secretary I position
budgeted for the Meridian Annexation beginning
August, 1995 utilizing $6, 239 from the Planning
Department and $9, 447 from budget savings with the
necessary budget changes, as recommended by the
Operations Committee.
The Meridian Annexation secretary position author-
ized for January 1, 1996 is requested to be moved
up to August, 1995. The current temporary posi-
tion is limited to five months per union contract.
The Planning Department is now gearing up for the
Meridian Annexation and had planned to use the
current temporary person to assist with Planning
Commission and staff work on the Meridian
Annexation zoning and the census later in the
year.
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July 5, 1995
HUMAN (CONSENT CALENDAR - ITEM 3F)
RESOURCES Plans Examiner Position. AUTHORIZATION to create
and fill one additional plans examiner position
immediately, with further analysis during the
first quarter of 1996 to better assess plan review
workloads and staff resource adequacy, as recom-
mended by the Operations Committee.
The City has been contracting out "building code"
plan review workloads since January of this year
expending approximately $60,000. The level of
development and construction activity during 1995
to-date has exceeded any similar period in our
records and shows no indication of slowing. The
level of demand and expense of contracting out
excess work load justifies the addition of a full
time plans examiner.
ANNEXATION (PUBLIC HEARING - ITEM 2A)
ZONING Book Annexation Zoning AZ-95-2 The second of two
public hearings on the proposed initial zoning of
the Beck annexation area was held June 20, 1995
but was continued to this meeting. The first
hearing was held on May 16, 1995.
Planning Director Harris explained that, at the
request of Council, staff went back and reviewed
the situation. He noted that a memo was sent to
Council dated July 5th discussing some aspects of
the initial annexation zoning and that the ori-
ginal recommendation of R1-12 would be best for
the area west of 94th Avenue. He noted that the
two subdivisions, Wildberry and Rosemary Glen,
would remain 7 .2 zoning even though the properties
vary greatly in size. Harris explained that west
and north of 94th have almost all large lots and
that the contour lines on the map indicate hill-
sides or slopes. He further explained that the
contour lines on the north part of the Beck
Annexation are very close together which indicates
that the slopes are very steep, that the south and
west sides of 94th have very steep slopes, also
but that the area east has a more gradual ingre-
dient going up.
The Mayor declared the public hearing reopened.
Bob Gillespie, 10032 Northeast 38th Court,
Kirkland, Washington, noted that he was present
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July 5, 1995
ANNEXATION tonight on behalf of Overlook Associates which is
ZONING proposing the zoning change. He explained that
Overlook Associates is requesting a zoning desig-
nation of R1-7.2 instead of the R1-20 that the
Planning Commission has recommended or the R1-12
that the staff has recommended for three good
reasons as follows: 1) It reflects the current
use on that site, 2) It provides more housing in
the area and is consistent with the City's
Comprehensive Plan; and 3) It makes very good use
of the infrastructure that serves the area. He
noted that it's consistent with the Growth
Management Act, the King County Wide Planning
Policies, and the City's Comprehensive Plan, and
that a higher density also provides more oppor-
tunity to offset the cost of the infrastructure
which provides water and sewer service to the
area. Gillespie explained that it' s a zoning
change at the time of project application and SEPA
review, and that it's also a time to establish the
conditions that would protect views, talk about
retention and detention facilities for surface
water runoff, traffic mitigation, and a variety of
other things. He urged the Council to act upon
the request by Overlook Associates for R1-7.2
zoning.
Judith McDougall, 23405 - 94th Avenue South, noted
that she owns three smaller properties on the west
side of 94th Avenue. She read and submitted a
letter to the Council dated June 27, 1995, and
noted that she was involved with the residents of
that area between 1984 - 1987 period when they
went to the King County Council meetings to ascer-
tain whether 94th Avenue South could handle
traffic that the Wildberry Plat would add. She
noted that the end result of the King County
Commission was that the street could not handle
the Wildberry Plat traffic much less Rosemary
Glen. She also noted that, as part of the com-
promise for the Wildberry Plat development, a
statement was made that the developer would
improve the 94th Avenue South conditions to handle
the continued traffic. McDougall mentioned that
when the improvements were done, a sidewalk was
installed opposite seven of their houses and
nothing else. She explained that there is a white
line drawn on the edge of the street with a sharp
drop-off where people are supposed to walk outside
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July 5, 1995
ANNEXATION of, and that there is single car traffic both ways
ZONING with no spare room. She expressed that if the
rest of the land west of 94th is parceled out into
chunks which take more homes, the City will have
to deal with and face the problems instead of King
County. She noted that the reason the road could
not be widened on the west side is because the
existing homes on that side would have their front
yards confiscated to make the road and that the
houses would be rendered unusable. She expressed
hope that the City of Kent would consider the
existing people who live on 94th Avenue before
more traffic is added to the area. She stated
that one of the original reasons why many of the
neighbors felt the zoning should be made R1-20 is
so that the area could handle some single family
growth, but not overgrowth.
Don Whitener, 812 N. Hilltop Avenue, Kent, noted
that he owns a piece of property at 233 - 94th
Avenue of which he has owned for nearly 30 years.
He expressed a real concern about the zoning for
this area, and that he has not received any
rational reasons why the property west of 94th
should have another classification. He explained
that when he purchased his property the land in
the Beck addition was zoned one house per five
acres and was part of the Soos Creek plan so his
land sat for nearly 30 years because of that
classification. He stated that in 1993 he learned
the County was going to rezone the whole area to a
7200 sq. ft. lot classification, and that it was
after the rezone when he started a program to
develop his property. He noted that the City of
Kent then annexed the area and that his 2 1/2
acres is developable except for a little problem
with the slope on 1/2 to 3/4 acres. He pointed
out that there is open space available, and that
Rosemary Glen has much steeper property than his.
He expressed hope that the City will be consistent
with their zoning, and explained that the slope on
his property is not too great for development
because the expert people who have looked at his
property indicate that it is developable. He
expressed that he wants to do something with his
property and develop it but that if it' s zoned
R1-20, he won't be able to improve it.
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July 5, 1995
ANNEXATION Suzanne Berrios, 9506 S. 234th Place, Wildberry
ZONING Addition, read a letter that she submitted to the
City on Monday. She noted that she can appre-
ciate the investment in the lots of concern but
that the children's safety is also of great con-
cern. She explained that bussing is not available
for the children in this area so they have to walk
along the side of the street where at any given
time there is no more than 10 inches on either
side of the white line. She further explained
that the children have to walk single file and
then cross the street at several different places
where there are sidewalks which are very few and
short. She noted that their homes will support
the value of a new home put on a larger lot, but
if cluster housing or apartments go in, it will
not support the value.
Paul Clements, 20720 - 4th Avenue South,
Des Moines, noted that he was present to speak on
behalf of his father, Larry Clements of 711 N.
Hilltop Avenue, Kent. He explained that his
father has ownership of property west of 94th
Avenue, and that he is a registered Civil Engineer
in the State of Washington who recommends highly
the zoning designation for the area west of 94th
Avenue be R1-7200. He further explained that his
father' s property is located right next door to
Mr. Whitener' s property, and that both properties
are very developable, suitable parcels for the
7200 sq. ft. lots. He noted that his father
passed out a map two weeks ago at Council showing
the potential division of his property which would
add a very positive addition to the City with
single family homes and that it would be very much
in accordance with some of the newer subdivisions
in the area including Wildberry. He noted that
his father went back and made a tally of the size
of the lots in Wildberry, and that they recommend
strongly the zoning west of 94th Avenue South be
held at R1-7 .2 .
Karen Madden, 9435 S. 233rd Place, noted that the
Planning Commission never gave the option of 7 .2
on the west side of 94th, but that it was either
R-12 or R1-20. She noted that they know the big
picture of Kent and that the Council needs to
consider their thinking. Steve Madden, 9435 S.
233rd Place, noted he would like the City Council
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July 5, 1995
ANNEXATION to consider whether or not the street can handle
ZONING the traffic. He explained that it is a very
narrow street with multiple groups of children
running up and down and that the key issue is
whether the street can be safely widened enough
with sidewalks on both sides so that kids can walk
to and from school. He noted that the street and
safety issue is one of the major issues and that
if something happens to a child on that street it
will be remembered. John Mercer, 23401 - 94th
Avenue South, noted that his property is located
west of 94th Avenue South, and that they have a
combined property size of about 45,000 sq. ft. He
expressed concerns about the safety problem on
94th Avenue South because there are several
natural and fabricated obstructions on the street
that would make it very difficult to widen. He
noted that widening the street would require
people to essentially give up their property in
order to take the easiest route through and it
would then make some driveways unusable on both
sides of the street depending on which way the
street is widened. He stated that the 7200 sq.
ft. lot size on the east side of 94th would not be
consistent with the traffic that would be on the
street, and that the City Council should consider
whether 7200 is a reasonable lot size on the east
side as well. He expressed that if all of the
remaining developable property is developed at
that density, a major problem will exist on 94th
Avenue. He noted that to develop that annexation
to any of the plans would require reconsideration
of the traffic pattern and flow in the area, and
that it would require some people to give up
portions of their property to provide access to
other streets to get out onto James Street. He
explained that access to the major freeways to the
north is virtually impossible because there are
steep roads that wind so virtually all traffic
comes south on 94th Avenue to James Street. He
expressed that the best alternative here is to
work up a comprehensive plan for that area, and
find out what the impact will be on the area, not
only the visible but also the economic impact to
the residents and the safety impact. He strongly
urged the Council to consider what will happen
long term in that area before making any decision,
to work out a detail plan, and in the interim go
to the absolute minimum density that can possibly
14
July 51 1995
ANNEXATION be accepted for that area. Robert Kega, a resi-
ZONING dent of Wildberry, noted that there should be a
lower density in this area for safety reasons
because he has had a couple of near misses on 94th
Avenue where it narrows and becomes very dangerous
and hazardous. He stated that safety is a major
concern, but also that the water pressure in
Wildberry is very low and if numerous other homes
are put in there it will degrade the water pres-
sure. He further stated that it could deter the
fire department from effectively fighting a fire
if one were to occur. Dave Hemboldt, 22521 - 94th
Avenue South, noted that he lives at the north end
of the street, and that he is pleased with the
suggestion that it go R1-12 . He stated that if
it's zoned R1-12 it will allow him to develop his
property as he feels it should be, but if it were
anything more he would agree with the impact on
the street. Greg Parsons, 9316 S. 237th Place,
Peachtree Lane, noted that he has two primary
concerns as follows: 1) the safety on the road
because it is very narrow; and 2) the water sur-
face management east of 94th Avenue. He noted
that he lives west of 94th and that even with the
storm drain system that the City of Kent put in on
his residence going down the hill, paralleling
Peachtree Lane to the north, there still seems to
be a water runoff problem. He noted that the 7 .2
zoning east of 94th will only increase the problem
of surface water runoff, and that he hopes this
problem is taken into consideration in this zoning
decision.
WOODS MOVED to close the public hearing. Orr
seconded and the motion carried. ORR MOVED to
make the letters from Judith McDougall and the
Planning Commission a part of the record. Woods
seconded and the motion carried. ORR MOVED to
refer this item to other business at the City
Council' s July 18th meeting so that Council will
have an opportunity to look at the new information
that was presented tonight. Johnson seconded.
Upon Harris' concern, the Mayor clarified that
there will be no other public debate on this
issue, unless Council directs, and that a decision
will be made in two weeks. The motion then
carried.
15
July 5, 1995
ANNEXATION Orr noted for the audience that the fastest way to
ZONING find out what the final outcome is would be to
call the Planning Department on Wednesday morning,
July 19th.
COUNCIL (CONSENT CALENDAR - ITEM 3C)
Council Workshop on Initiative 164 AUTHORIZATION
to set a workshop for 6: 00 p.m. on July 18, 1995
to review and discuss the impacts of Initiative
164, "The Private Property Regulatory Fairness
Act. "
(CONSENT CALENDAR - ITEM 30)
Council Absence. APPROVAL of an excused absence
for Councilmember Paul Mann from the July 18, 1995
City Council meeting. He will be out of town and
unable to attend.
(CONSENT CALENDAR - ITEM 3P)
(ADDED BY COUNCILMEMBER WOODS)
Council Absence. APPROVAL of an excused absence
for Councilmember Bennett who could not be in
attendance tonight.
(OTHER BUSINESS - ITEM 4A)
Hate Speech. Pursuant to Kent City Council direc-
tion at its June 20th meeting, this resolution
sets a City policy in opposition to those indivi-
duals or groups that incite discord and disharmony
against people with differing backgrounds, phi-
losophies and cultures. WOODS MOVED to adopt
Resolution No. 1437 establishing a policy opposing
"hate" speeches. Johnson seconded and the motion
carried.
WATER (BIDS - ITEM 5B)
Kent Springs Transmission Main Repair Bid
opening for this project was held on Friday,
June 30. Due to time constraints between the bid
opening and preparation of the Council packets,
the Public Works Director submitted a memorandum
to Council with detailed information of the pro-
ject as well as the recommended bid results.
MANN MOVED to authorize the Director of Public
Works to award the Kent Springs Transmission Main
Repair contract to R.W. Scott for the bid amount
of $1, 130,950.76 only after the City has received
all required permits. Woods seconded.
16
July 51 1995
WATER Richard Padden, Attorney representing Robison
Construction, Inc. , (RCI Construction) explained
that RCI was the third lowest bidder on this
project, but that the lowest bidder, DPK Construc-
tion, was rejected for failure to acknowledge an
addendum to the bid. He noted that the second
lowest bidder, R.W. Scott, is who the Assistant
City Attorney is recommending the bid be awarded
to, but that his client is protesting the award to
R.W. Scott on the basis that they have failed to
meet the requirements of the bid document and that
their bid was nonresponsive. Upon the Mayor's
question, City Attorney Lubovich clarified that
there is no formal process established for oppos-
ing or appealing an award of a bid and that the
City Council can entertain any protests.
Mr. Padden explained, for the record, that his
practice relates to bid protest and that he has
been involved in over 100. He stated that their
procedure is to come before Council and if they
are unsuccessful then their next step would be to
go to Superior Court, but that's what they are
trying to avoid. Mayor White noted, for the
record, that there are attorneys who almost daily
threaten to sue the City.
Andrew Albrecht, Superintendent and Vice-President
of Robison Construction, stated that they do not
intend on suing the City of Kent and that they do
not have a history of doing that, but he explained
that R.W. Scott failed to properly execute their
bid documents. He noted that Robison Construction
did properly execute their bid documents and that
they are qualified to perform the work both in the
field and administratively. He asked the Council
to give serious consideration to awarding to R.W.
Scott given the circumstances that they failed to
properly fill out the documents which are very
clearly noted. He felt that the Council had three
options as follows: 1) to award the bid to DPK,
2) award to RCI as the lowest responsible bidder,
or 3) re-bid the project. Mr. Padden apologized
to the Council and explained that he didn't mean
to threaten but was just explaining what their
procedure was short of Superior Court. He noted
that the form in question that R.W. Scott failed
to execute was an affidavit certifying that they
did not collude, that they are not using a sham,
17
July 5, 1995
WATER that they are going to abide by the law on paying
minimum wage, that they are not violating any
immigration laws which is called the combined
affidavit and certification form. He explained
that it is significant and feels the City does not
have the authority to waive this form as a minor
irregularity because the bid document states,
"Failure to comply shall result in rejection of
any bid not so complying" . He expressed that that
language effectively takes away the discretion, in
his opinion, of the City by telling all the bid-
ders that if you don't do this, it shall result
in the rejection of your bid. He noted that the
public bidding laws require protection of the
public and provide a fair form for bidders. He
urged the Council, at minimum, to delay the award
for further review and either re-bid the job or
award it to Robison Construction.
Tom Brubaker, Assistant City Attorney, explained
the rejection between the first bid and the
second bid. He noted that the lowest bid was
rejected because it did not reference and include
adjustments made in Addendum 12 , and that DPK
Construction did not bid on the full contract
specified by the City of Kent. He explained that,
in the City' s opinion, it created a material and
unfair advantage for the low bidder over the other
bidders because they did not bid on the full pro-
ject. He stated that R.W. Scott was then con-
sidered the lowest responsible bidder at that
point. Brubaker noted that since then a protest
has been received by RCI which is another good,
excellent and respected contractor with many of
their points very well taken. He clarified that
it is true that the non-collusion affidavit was
not signed by the President of R.W. Scott
Construction, and it is also true that the bid
documents say, "Failure to comply with executing
the various bidder's documents shall result in
rejection of any bid. " He explained that the non-
collusion affidavit is only one of a number of bid
documents that are submitted in the bid packet,
that R.W. Scott did sign in every other place
where it was indicated, that his name was typed on
the signature line by the company but he neglected
to sign it even though it was also notarized, and
that, in his opinion, the City could hold R.W.
Scott Construction Company to this non-collusion
18
July 5, 1995
WATER affidavit as well as to the entire bid. Brubaker
explained that case law in Washington looks to one
central factor of whether or not this irregularity
or failure creates a material advantage or benefit
to the person who is awarded the contract. He
explained that, in his opinion, there is no pro-
blem with this bid because the document displays
every intent that R.W. Scott intends to be bound
by this form and that R.W. Scott is still the
lowest bidder. He further explained that the City
does require bidders to comply with the various
forms, but it also reserves the right to waive
informalities in the bid. He clarified that the
motion authorizes the Public Works Director to
award the bid after the City has received the
necessary permits, and that he recommends the bid
be awarded to R.W. Scott.
Mr. Padden stated that the real key question is
can you force R.W. Scott to sign that form, is it
binding, and does he have to abide by it. He did
not feel that the City Attorney or City Council
can read the intent of R.W. Scott's mind and hoped
that the Council would reconsider their position.
Brubaker clarified that he is not trying to read
R.W. Scott's mind, but stated that it appears to
be, in the Assistant City Attorney's opinion, an
informality of which the City has the right to
waive that informality. Mr. Albrecht requested
the Council to give two weeks to look closer at
the documents.
Upon the Mayor's question, Wickstrom clarified
that the City was missing the grading permit from
King County when the bid documents were prepared,
but that the permit has been faxed to the City
now. He noted that the language was already there
but it just gave the City a little bit more flexi-
bility. He noted that the City wanted to have the
ability to award the project assuming that the
permit hadn't come in on time, and that they
wanted to award the project so it could be started
next week because there is a critical time frame
to be in and out before the rain starts. He
explained that the project is in the back where
wetlands are and that all sorts of things have to
be done when it is dry. MANN WITHDREW HIS MOTION
asking that the Council be given the opportunity
19
July 5, 1995
WATER to look into this matter and postpone it to the
next meeting. Mann requested that the legal de-
partment look into other court cases with regard
to this particular matter, and how they've acted
when confronted with this particular matter of a
lack of signature on this particular document in
the bid process. Upon Mann's request, Lubovich
stated that Brubaker had done some preliminary
review of case law and that based upon that he has
given his opinion. Lubovich noted that now that
the permits are in and if the City decides not to
delay, it is possible for the Council to go ahead
and award it or authorize the Public Works
Director to award it. He noted that the City
could either reject all bids, delay for a couple
of weeks, award it tonight, or award it to Robison
Construction. Houser expressed her preference to
delay it because the City needs to assure people
that they are studying the issue fully so that
everyone feels comfortable with the decision.
Orr noted concern about how a document can be
notarized without a signature and that she would
prefer to delay until the Council is assured.
Upon consensus of the Council, Mayor White noted
that this item will come back to Council in two
weeks with the appropriate research.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. APPROVAL of payment of the
bills received through June 15, and paid on
June 15, 1995 after auditing by the Operations
Committee on June 28, 1995.
Approval of checks issued for vouchers:
Date Check Numbers Amount
6/15/95 156253-156740 $1, 624, 478.29
Approval of checks issued for payroll for June 1
through June 15, 1995 and paid on June 20, 1995:
Date Check Numbers Amount
6/20/95 Checks 203918-204311 $ 295, 691.82
Advices 25104-25523 513 , 985.23
$ 809, 677.05
20
July 5, 1995
REPORTS Planning Committee. Orr noted that the next meet-
ing will be on July 18th at 4 : 00 p.m. She also
noted that two weeks ago she had requested and
received concurrence from the Planning Committee
to put together a Task Force to look at the City' s
downtown plan. She explained that since then,
after conversations with Legal and Planning Staff,
she believes that would not be the best approach.
She noted that tonight the Council adopted the
amendment procedures for the Comprehensive Plan
and that this may be the most appropriate method
for dealing with any zoning changes in the down-
town plan. She expressed hope that the Mayor
would agree with Council, accept the adopted pro-
cess, and submit the appropriate requests for
review at the proper time.
Orr mentioned that a report in a recent newspaper
article stated that Mayor White had commissioned a
study which showed a high incidence of violent
crime around the downtown taverns. She inquired
as to why the Council was not informed of this
report, and then requested a copy of that report
as soon as possible so the Council could know what
is happening in the downtown area. Mayor White
clarified for Orr that he did not commission a
study, but just simply asked the Police Department
for a report of which the Council will be given a
copy. The Mayor noted for Orr that a letter has
already been sent to the Planning Commission and
that the appropriate response would be for them to
respond to his letter. He also noted that in the
future he would not have a problem following what
the Council has adopted, but that the downtown
area has a number of pressing issues and hoped
they would move ahead with those, bring a recom-
mendation to the Council, and then the Council can
go on from there.
Administrative Reports. McFall noted that pro-
gress is continuing in the acquisition of a
facility for the Saturday Market. He noted that
they are in the final phases of the feasibility
study and are awaiting some information on the
Level I Environmental Assessment before final
recommendation is made to the Council. He
explained that there is no anticipation of any
problems because there were environmental assess-
ments done on this site just a few years ago that
21
July 5, 1995
REPORTS were clean. He stated that the plan at this
point is to present the package to the Operations
Committee at its next meeting and then if they
concur, it will come to Council with a
recommendation on July 18th.
Mayor White noted that a citizen brought a piece
of metal, resembling shrapnel, into his office
today after finding it on his roof following last
night's illegal fireworks displays. The Mayor
requested that Council again address the issue of
both legal and illegal fireworks in the City of
Kent and consider banning them in the future. He
referred this issue to the Public Safety Committee
for review.
ADJOURNMENT The meeting adjourned at 8:55 p.m.
C�
Donna Swaw
Deputy City Clerk
22