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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/19/2001 Kent, Washington June 19, 2001 The regular meeting of the Kent City Council was called to order at 7 : 00 p .m. by Mayor White . Councilmembers present : Amodt, Brotherton, Clark, Epperly, Orr, Woods and Yingling. Others present : Interim Chief Administrative Officer Martin, Deputy City Attorney Brubaker, Police Chief Crawford, Fire Chief Angelo, Public Works Director Wickstrom, Planning Manager Satterstrom, and Parks, Recreation and Community Services Director Hodgson. Approximately 120 people were at the meeting. CHANGES TO THE AGENDA The following items were added to Continued Communications at the request of audience members : 11A - Street Widening Project at 256th and 116th, 11B - Golf Course, and 11C - Budget Cuts . PUBLIC COMMUNICATIONS Drinking Driver Task Force Design Contest. Mike Buckingham commended the winners and their parents and friends . He introduced each of the thirteen winners and Mayor White, Councilmember Brotherton and Police Chief Crawford presented certificates and congratulated each of them. Introduction of Appointees. Mayor White announced that he has re-appointed Charlene Shaw and Dick Lackey to the Public Development Board. Legislative Report. Assistant Chief Administrative Officer Laurent noted that Kent has been working with State Legislators on the issues of driving while drugged, the posting of convictions on DUIs, design build legislation, funds for Clark Lake, low interest loan for the second supply pipeline, law enforcement pensions, and transportation needs . She introduced the following legislators who represent parts of Kent : Karen Keiser, Shay Schual-Berke, Steve Johnson, Jack Cairnes, Pam Roach, and Julia Patterson. Mayor White and Council President Orr presented each with a City of Kent mug, and the legislators expressed thanks to the City for making their wants known. Mayor White and Councilmembers Clark, Amodt, Yingling and Epperly expressed their appreciation to the legislators . CONSENT CALENDAR ORR MOVED to approve Consent Calendar Items A through J. Woods seconded and the motion carried. 1 Kent City Council Minutes June 19, 2001 MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of June 5, 2001, and approval of the following correction to the minutes of May 15, 2001 : Consent Calendar Item 6A should say "Approval of the minutes of the regular Council Meeting of May 1, 2001" rather than March 1, 2001 . BILLS OF SALE (CONSENT CALENDAR - ITEM 6F) Pacific Parke Bill of Sale. ACCEPT the Bill of Sale for Pacific Parke Plat submitted by Pacific Industries, for continuous operation and maintenance of 1346 feet of street improvements and 426 feet of storm sewer as complete and release bonds after the 1-year expiration period, as recommended by the Public Works Director. This project is located at 27620-152nd Ave . SE . (CONSENT CALENDAR - ITEM 6G) Central Avenue Mini Storage Bill of Sale. ACCEPT the Bill of Sale for the Central Avenue Mini-Storage/Napa Auto submitted by IDC Enterprises, LP, for continuous operation and maintenance of 75 feet of water mains and 168 feet of sidewalk as complete and release bonds after the 1-year expiration period, as recommended by the Public Works Director. This project is located at 1407 S . Central Avenue . STREET VACATION (PUBLIC HEARINGS - ITEM 5B) 127th Avenue S.E. Street Vacation (STV-2001-1) . Resolution 1588 established this date as the hearing date for the application by Michael & Connie Baerny and Paul & Cynthia Scott to vacate a portion of the unimproved right-of-way which exists at 127th Avenue S .E. Staff recommends approval with conditions as shown in the staff report . Charlene Anderson of the Planning Services Office explained the conditions which staff proposes . Mayor White opened the public hearing. Michael Baerny voiced concern about the requirement to deed property to the City and about access to his 2 Kent City Council Minutes June 19, 2001 STREET VACATION property. He clarified that he is not interested in the vacation if the proposed conditions must be met . Satterstrom stated that neither he nor Wickstrom were aware that the applicants were opposed to the condi- tions . Paul Scott, 26012 127th Avenue SE, said he was not contacted about the conditions, and that he does not agree with the conditions . There were no further comments and ORR MOVED to close the public hearing. Woods seconded and the motion carried. BROTHERTON MOVED to table this issue until the next Council meeting. Clark seconded and the motion carried. TRAFFIC CONTROL (PUBLIC HEARINGS - ITEM 5C) S. 228th Street Corridor Extension Project. This date has been set for the public hearing on the S . 228th Street Corridor Extension Project . Following public testimony, Council will consider action to select one of the three roadway alignments and to take further action on the project . Design Engineering Manager Tim LaPorte displayed photos of the area and explained the history of the project . He said the primary purpose is to increase east-west capacity for traffic flow in the valley, and that it will provide better access between the valley and Interstate 5 . He added that the project has been on the King County Transportation Needs Report, on the King County Regional Arterial Network, and has been reaffirmed annually in the City' s annual Transportation Improvement Program for the past decade . LaPorte said the public process began in November 1999 and that the comments received since then include concerns about noise, traffic and the environment . Chad Bieren, Project Manager, noted that four alterna- tives were developed and the environmental impacts of each were measured. He noted that there were three action (build) alternatives and one no action (do 3 Kent City Council Minutes June 19, 2001 TRAFFIC CONTROL nothing) alternative . He stated it was determined that Alternative A has the least impacts of the "build" alternatives and was selected as the preferred alterna- tive . He explained that it offers a direct route up West Hill , has lower wetland impacts, and is located further from the Lakes development . Bieren noted that proposed mitigation associated with Alternative A includes roadway and intersection improve- ments, wetlands mitigation, and a potential noise barrier in front of The Lakes . He noted that citizens of The Lakes expressed concern about noise, and said that arterial traffic noise is specifically exempt from the Kent City Code so Washington State Department of Transportation information was used to assess the impact of the project . ORR MOVED that written comments and correspondence on this matter be made a part of the public records . Woods seconded and the motion carried. LaPorte recommended that Council adopt Alternative A with associated mitigation measures, direct staff to further study noise mitigation and return to Council with recommendations, and direct Engineering to begin preliminary design and obtain permits for the project . Deputy City Attorney Brubaker pointed out that environ- mental review on this project has been concluded. Mayor White opened the public hearing. David Garten, 23110 59th Place South, stated that many people are opposed to this project and submitted a 5- page petition supporting the no action alternative . WOODS MOVED to make the petition a part of the public record. Orr seconded and the motion carried. Garten cited increased air and noise pollution, heavy tractor- trailer traffic, financial impacts beyond the cost of the LID, and the impact on fish and wildlife in the area as reasons for their opposition. 4 Kent City Council Minutes June 19, 2001 TRAFFIC CONTROL Others speakers opposed to the project due to noise, traffic, loss of a sense of community, impact on pro- perty values, safety, wetlands, wildlife, environmental concerns and pollution were : Don Shaffer, 2070 N. 78th, Seattle Merwin Peters, 5607 S . 232nd, Kent Valerie Ensor, 5207 S . 232nd, Kent Cintra Bodenhausen, 23206 60th Place S, Kent Nancy Martin, 23538 55th Avenue S . , Kent Elisa Lanz, 5021 S . 2318t, Kent Joe Heltzel, 5109 S . 232nd, Kent Chris Ensor, 5207 S . 232nd, Kent Elizabeth Guevara, 23405 54th Avenue S, Kent Donald Tock, 23604 55th Avenue South, Kent Dave Robertson, 4925 S . 233rd, Kent James Brown, 5004 S . 233rd Place, Kent Diane Chakravarty, 23211 54th Avenue S, Kent Wendy Werner, 23108 5oth Avenue S . , Kent Fred Thebert, 12315 Mundy Loss Road, Buckley David Woodall , 23319 57th South, Kent Toby Shaffer, 23958 58th Court S . , Kent Ted Kogita, 25227 Reith Road, Kent Jan Brown, 5004 S . 233`d, Kent Joe Rubio, 3831 SE 238th, Kent Some of the speakers felt that eastward access is needed and the funds should be used on East Hill . Harold La Duke, 23308 51st Avenue S . , stated that not everyone in the neighborhood is opposed to the project, and emphasized that mitigation is very important if the project is built . There were no further comments and ORR MOVED to close the public hearing. Woods seconded and the motion carried. CLARK MOVED to approve the South 228th Street Corridor Extension Project, to select Alternative A for the project, along with identified mitigation for this alternative as set forth in the EIS, and to direct the Public Works Department to proceed with design and implementation of the project, including additional 5 Kent City Council Minutes June 19, 2001 TRAFFIC CONTROL design for noise control for further Council con- sideration. Brotherton seconded. Clark thanked the citizens for their comments, and assured them he heard what they said. He asked them to consider that the Growth Management Act says that when you allow for growth, you must plan for it, and con- centrate housing inside the urban area and restrict it in the rural area. He noted that the level of service must be considered, including transportation, and that the Council is trying to create a transportation system that works as well as it can for as many citizens as possible . Amodt said the proposed alternative would create a bottleneck on Military Road, and that the funds should be used to put truck traffic on Meeker and Orillia. Epperly said she does not see the benefit of this corridor, and will not support the motion. woods said this is an excruciating decision but that she cannot vote in favor of the motion even though she would like to, citing concern about concurrency and the level of service. Upon Orr' s question, Wickstrom explained that if this project does not go forward, the funds for it would be diverted to another project, the opportunity to get grants would be lost, and the City would be faced with a concurrency issue. He noted that this project was based on concurrency, and concurrency is what allowed The Lakes and other property in the area to be developed. He added that no new developments could be done in the service area. He also explained that Military Road is a part of the project and would be fully improved, and that if the project is not done concurrency in other parts of the city could be affected. Wickstrom went on to say that if the project proceeds, the LID would not be formed for approximately one year and that the permit process would take at least two to three years . He said improving 212th would not provide relief in this area and that the Meeker Street area would be affected if the project isn' t done . He noted that it would be very difficult to get approval to build a bridge at Meeker. 6 Kent City Council Minutes June 19, 2001 TRAFFIC CONTROL Bieren noted for Brotherton that an evaluation was done by a biologist whose opinion was that any eagles in the area were not residents, and that the majority of lost wildlife would be moles, mice and other small mammals . Clark and Brotherton withdrew the motion and the second. Wickstrom estimated for Clark that it would take six months to a year to come up with an alternative which would allow development to occur. AMODT MOVED to take no action on the S . 228th Street Corridor Extension Project . Epperly seconded. Amodt clarified that it is her intent to chose the no action alternative . Clark said he is opposed to the motion because of the require- ment for a transportation level of service dealing with congestion, and noted that the City will still have to deal with traffic mitigation. Orr agreed with Clark and said taking no action at this time would provide a chance to examine alternatives without destroying fund- ing sources . Amodt withdrew her motion and MOVED to take no action at this time . Epperly seconded. It was clarified that the motion is to take no action at this time, allowing staff an opportunity to examine alterna- tives and how to address concurrency issues . Mayor White relinquished the chair and said that killing the project and not coming up with an alternative is not solving the problem of transportation. He said that City officials are obligated to the community to develop alternatives, and urged the Council to give staff an opportunity to do so. Brotherton said it is good to see a community pull together and accomplish something, but that not proceeding with this alternative simply pushes the problem off onto other citizens . He pointed out that staff and other professionals have determined that Alternative A is a good project, and the state agrees and has provided money for it . Amodt ' s motion to take no action at this time then carried. (CONSENT CALENDAR - ITEM 6C) LID 354, N. Washington Avenue & W. Meeker Street Improvements Funding. AUTHORIZATION to add and/or modify the budget for the LID 354, N. Washington Avenue & W. Meeker Street Improvement Project as described in the June 4th memo to the Public Works Committee from the 7 Kent City Council Minutes June 19, 2001 TRAFFIC CONTROL Public Works Director and to spend the same, as recom- mended by the Public Works Committee . (BIDS - ITEM 8B) LID 354, N. Washington Avenue and W. Meeker Street Improvements. The bid opening for this project was held on May 23rd, with six (6) bids received. The low bid was submitted by Ceccanti, Inc . in the amount of $3 , 496, 956 . 02 . The Engineer' s estimate was $3 , 673 , 548 .42 . The Public Works Director recommends awarding this contract to Ceccanti, Inc . CLARK MOVED that the Washington Avenue/Meeker Street Improvement Project be awarded to Ceccanti, Inc . for the bid amount of $3 , 496, 956 . 02 , including tax. Epperly seconded and the motion carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 6D) Canyon Drive Bicycle & Pedestrian Facilities Improvements Funding. AUTHORIZATION to add and/or modify the budget for the Canyon Drive Bicycle & Pedestrian Facilities Improvement Project as described in the June 4th memo to the Public Works Committee from the Public Works Director and to spend the same, as recommended by the Public Works Committee . (CONSENT CALENDAR - ITEM 6I) Aerial Easement for Sound Transit Walkway. AUTHORIZATION for the mayor to sign an air rights easement with Central Puget Sound Regional Transit Authority allowing Central Puget Sound Transit Authority to construct, operate and maintain a pedestrian bridge attached to the Sound Transit Parking Garage over 1st Avenue North, between West Smith Street and Temperance Street . (BIDS - ITEM 8A) Canyon Drive Bicycle and Pedestrian Facilities Improvements. The bid opening for this project was held on May 24th, with five (5) bids received. The low bid was submitted by Ceccanti, Inc . in the amount of $1, 414 , 718 . 04 . The Engineer' s estimate was $1, 627, 657 . The Public Works Director recommends awarding this contract to Ceccanti, Inc . 8 Kent City Council Minutes June 19, 2001 PUBLIC WORKS Wickstrom requested that the bid be awarded tonight because of a time constraint on this project, and said that direction on whether to include or delete the signal on Canyon Drive and 94th will be made by Public Works Committee . CLARK MOVED that the Canyon Drive Bicycle/Pedestrian Improvement Project be awarded to Ceccanti, Inc . for the bid amount of $1, 414 , 718 . 04 , plus applicable tax. Epperly seconded and the motion carried. REZONE (CONSENT CALENDAR - ITEM 6H) Kent Retail Center Rezone (RZ-2000-1) . ADOPTION of Ordinance No. 3563 rezoning 4 . 35 acres of real property located north of SE 253rd Place on the west side of 104th Avenue SE from Office-Mixed Use (O-MU) to Community Commercial-Mixed Use (CC-MU) zone, as approved by the City Council January 16, 2001 . ANNEXATION (PUBLIC HEARINGS - ITEM 5A) DeMarco Annexation. This date has been set for a hearing on the proposed DeMarco Annexation. The City has received a sufficient and valid property owner petition and the King County Boundary Review Board approved the annexation proposal on June 11, 2001 . This annexation contains approximately 266 acres and is located between 116th Avenue SE and 132nd Avenue SE and SE 231st and SE 240th. The proposed ordinance would annex the DeMarco Annexation area effective July 1, 2001 . Planning Manager Satterstrom estimated the population of the area to be 750 and said it is a natural addition to the city. He said the proposed budget was recommended for adoption by the Operations Committee, and that zoning hearings will be held in July and August . The Mayor opened the public hearing. Lena Tetter, 23607 120th Avenue SE, owner of 4 . 75 acres, said she is in favor of the annexation but believes that the zoning should remain the same as it was in the county. Jean Lambert, 12451 SE 235th, spoke in favor of the annexa- tion, noting that her concerns were increased traffic, poor Police response from the county, and the impact to 9 Kent City Council Minutes June 19, 2001 ANNEXATION already over-crowded schools . She thanked Mike Martin, Fred Satterstrom and Planning Services staff for their support . Fred Mendoza, 555 W. Smith, representing Mr. Lotto and Ms . Teeter, reiterated that his clients support the annexation, and said his issues regarding zoning will be addressed when the time comes . Vicki DeLuski , 23624 123rd Place SE, voiced support of Ms . Lambert ' s comments and said many more people are also in support of the annexation. There were no further comments and ORR MOVED to close the public hearing. Woods seconded and the motion carried. BROTHERTON MOVED to adopt Ordinance No. 3562 including Exhibit C, annexing the DeMarco Annexation area effec- tive July 1, 2001 . Clark seconded and the motion carried. ANNEXATION ZONING (OTHER BUSINESS - ITEM 7A) DeMarco Annexation Comprehensive Plan and Zoning Map Amendment. On March 14 , 2001, the City received a 60% annexation petition to annex an area commonly referred to as the DeMarco Annexation. The City Council has accepted the petition and a Notice of Intention to Annex was filed with and accepted by the King County Boundary Review Board. The land use and zoning designations must be established for the annexation area, requiring an amendment to the Comprehensive Plan. The Comprehensive Plan is updated only once annually, unless an emergency is declared due to an issue of community-wide signifi- cance that promotes the public health, safety and general welfare . The proposed resolution would declare such an emergency and would allow for the amendment of the City' s Comprehensive Plan. BROTHERTON MOVED to pass Resolution No. 1596 relating to the DeMarco Annexation and declaring an emergency to amend the Comprehensive Plan. Orr seconded and the motion carried. COMMUTER RAIL STATION GARAGE (OTHER BUSINESS - ITEM 7B) Kent Commuter Rail Station Garage Conditional Use Permit, Council Findings and Conclusions on Appeal Hearing. Written Findings and Conclusions are presented 10 Kent City Council Minutes June 19, 2001 COMMUTER RAIL STATION GARAGE for Council adoption sustaining the Hearing Examiner ' s Findings and Decision in Case No. CE-2000-9 regarding the Kent Commuter Rail Parking Garage . Don Shaffer submitted comments and exhibits related to the decision, and stated that when the north location was selected for the station, the property did not include the current garage site, therefore the environ- mental review did not include that site . He asked Council to review his comments and take action at the next meeting. ORR MOVED to adopt Findings and Conclusions sustaining the Hearing Examiner' s Findings and Decision in Case No. CE-2000-9 regarding the Kent Commuter Rail Parking Garage . Woods seconded and the motion carried with Amodt and Epperly opposed. CABLE TV (CONSENT CALENDAR - ITEM 6E) AT&T Public Access Studio. PASSAGE of Resolution No. 1595 confirming fulfillment of the franchise obligation of TCI Cablevision of Washington, Inc . known as AT&T Broadband, to provide, maintain, and operate a public access facility. Under Section 5 of its Franchise Agreement with the City of Kent, TCI Cablevision of Washington, Inc . , known as AT&T Broadband ( "AT&T" ) , assumed an obligation to pro- vide, maintain, and operate a public access studio for the City during the life of its franchise . AT&T has reached an agreement with the Cities of Auburn, Burien, Kent, Renton, SeaTac, and Tukwila to fulfill the franchise obligation described in the attached Resolution by a one-time payment of $3 , 701, 942 . 78 to Puget Sound Access Foundation, a Washington non-profit corporation. The Access Funds will be used solely for the purpose of constructing, equipping, operating and maintaining a public access studio and administering the functions of the public access channel (s) provided by AT&T for the use and benefit of the Cities . 11 Kent City Council Minutes June 19, 2001 APPOINTMENTS (CONSENT CALENDAR - ITEM 6J) Public Development Board Reappointments . CONFIRMATION of the Mayor' s reappointments of Ms . Charlene Shaw and Mr. Dick Lackey to continue serving as members of the Kent Downtown Public Market Development Authority Board of Directors . Their new terms will continue until 5/31/2005 . FACILITIES (BIDS - ITEM 8C) Re-Roof Corrections Facility. AUTHORIZATION to award a contract to Kruger Sheet Metal for the Corrections Facility Re-roof Project in the amount of $246, 453 . 76 for base bid, plus Alternate #1 in the amount of $7, 193 . 86, and Washington State Sales Tax, as recommended by the Parks Director. Seven bids were received for the Corrections Facility Re-Roof project . The Engineer' s estimate was $375, 000 , including Alternate #1 . WOODS MOVED to award a contract to Kruger Sheet Metal for the Corrections Facility Re- roof Project in the amount of $253 , 647 . 62 , plus Washington State Sales Tax. Epperly seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . Nothing for approval, as the Operations Committee was cancelled. Approval of checks issued for payroll for May 1 through May 15 and paid on May 18 , 2001 : Date Check Numbers Amount 5/18/01 Checks 251950-252327 $ 288, 976 . 91 5/18/01 Advices 111591-112247 1 , 055 , 977 . 02 $1 , 344 , 953 . 93 Approval of checks issued for payroll for May 16 through May 31 and paid on June 5, 2001 : Date Check Numbers Amount 6/5/01 Checks 252328-252690 $ 287 , 726 . 94 6/5/01 Advices 112248-112955 991, 074 . 53 $1, 278 , 801 .47 12 Kent City Council Minutes June 19, 2001 REPORTS Council President. Orr expressed thanks to those young people who participated in the Drinking Driver Task Force Design Contest, and to the staff for publishing the posters on the government channel . ADDED ITEMS (CONTINUED COMMUNICATIONS - ITEM 11A) Street Widening Project. Michelle Campbell , 11444 SE 257th Place, #D201, representing homeowners in the Twin Firs Condominiums, expressed displeasure with the street widening project at 256th and 116th, citing vandalism, safety and security problems . She stated that this has resulted in costs for the homeowners association, and that not all of the conditions in the agreement have been met . Interim Chief Administrative Officer Martin offered to address the problem with Ms . Campbell and to get Ms . Campbell ' s information and photos . (CONTINUED COMMUNICATIONS - ITEM 11B) Golf Course. Robert O' Brien, 1131 Seattle Street, proposed putting the 9-hole golf course, the driving range and the miniature golf course out to bid for Kent ' s small business enterprise contractors . He outlined figures and said the facilities present a unique opportunity for the City of Kent to promote small business ownership for Kent ' s citizens . (CONTINUED COMMUNICATIONS - ITEM 11C) Budget Cuts. Joe Rubio, 3831 S . 248th, suggested the following budget cuts : Mayor' s salary of $1 . 00, have no Administrator, cut travel budgets to Sister Cities, drop the Saturday Market, and dissolve the Kent Downtown Partnership. Mayor White pointed out that the Kent Downtown Partnership is a private organization and the City has no control over whether it is formed or not formed, and that Sister City activity is funded for the most part privately. ADJOURNMENT ORR MOVED to adjourn at 10 : 00 p.m. Woods seconded and the motion carried. Brenda Jac er City Clerk 13