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.
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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
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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
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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.
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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
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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.
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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
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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 .
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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
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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
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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 .
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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
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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
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