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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/02/1998 Kent, Washington June 2, 1998 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Present: Councilmembers Amodt, Brotherton, Clark, Epperiy, Orr, Woods, and Yingling, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Parks Director Hodgson and Employee Services Director Viseth. Approximately 75 people were at the meeting. PUBLIC Introduction of Mayor's Auuointees. Mayor White introduced COMMUNICATIONS Bob Swartout and Jim Bennett, his appointees to the Transit Advisory Board. He explained that Mr. Bennett will represent the School District on this Board. The Mayor also introduced members of the Public Development Authority Board of Directors as follows: Stephanie Klappenbach, Charlene Shaw, Dick Lackey, Bob Swartout and Jon Johnson. He noted that the Board will meet next Monday. Employee of the Month. Mayor White introduced Heather McIntosh and announced that she has been selected Employee of the Month for June. He noted that she works in the Public Works Street Maintenance Division, and that with drive and ability, she achieves positive results for that division and the City as a whole. He pointed out that Ms. McIntosh recently designed and built a foot bridge across a small stream, and then created a work of art using natural features of the stream bank. Public Works Director Wickstrom stated that Ms. McIntosh is a very hard worker and that he is pleased to have her on the team. Mayor White congratulated Heather and presented her with the Employee of the Month plaque. Hire A Veteran Month. Mayor White read a proclamation declaring June 1998 as Hire A Veteran Month in the City of Kent and encouraging all employers, service providers and citizens to observe this event of honor for service men and women. He noted that veterans have made the American way of life possible through their sacrifices and unselfish devotion to duty. The proclamation was presented to Veteran Collin Saromines. Kent Youth and Family Services Presentation. Peter Maurer, Director of Kent Youth and Family Services, explained that they have created a Volunteer Recognition Award and announced that 1 Kent City Council Minutes June 2, 1998 PUBLIC the first recipient of the award is the Kent Police Department. He COMMUNICATIONS thanked them for the incredible amount of support they have given and presented the award to Police Chief Crawford. Crawford thanked Maurer for the honor. CONSENT ORR MOVED to approve Consent Calendar Items A through I, as CALENDAR amended by inserting Jim Bennett's name for Don Walkup's in Item C. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of May 19, 1998. SEWER (CONSENT CALENDAR - ITEM 3D) Metro Sanitary Sewer Interceutor AUTHORIZATION for the Mayor to sign the Mill Creek Relief System Agreement pending the Director of Public Works and City Attorney concurring with the language therein, as recommended by the Public Works/Planning Committee. As part of resolving the sewage overflow problem on the City's East Hill system, Metro and the City are constructing a cross-valley sanitary sewer interceptor along the 277th Corridor route. Kent is acting as lead agency on the project and Metro is to reimburse the City's cost less one million dollars of City and Soos Creek Sewer & Water District funds. The funds relate to the City's prior commit- ment on an earlier overflow system in the S. 228th Street area system, which proved to be unworkable. TRAFFIC CONTROL (OTHER BUSINESS - ITEM 2A) LID 340, S. 196th/2OOth Corridor Project This date has been set to establish the formation of LID 340, S. 196th/200th Street Corridor Improvements, Green River to East Valley Highway. Mayor White explained that this hearing relates only to formation of the LID and a determination of whether these improvements should be constructed, and that a public hearing on the monetary amount of individual assessments will occur at a later date. He said that anyone wishing to speak at this hearing should confine their comments strictly to the issue of whether or not the City should form this LID, not to preliminary assessments against individual properties. 2 Kent City Council Minutes June 2, 1998 TRAFFIC CONTROL Public Works Director Wickstrom explained that this project was First recognized in the City's 1984 Comprehensive Transportation Plan, that it was reflected in the County's 1985 Transportation Plan, and in 1987 it was included in the Puget Sound Council of Government's Green River Valley Transportation Action Plan. He noted that in 1986 the City began requiring, as part of mitigation of developments, executing agreements with the City to support and pay their share of this project either through an LID or in cash at the end of a ten-year period once the project was formed. He explained the legislation which provided funding and that noted that without this project the City will be out of concurrency with Growth Management Act and will not be able to issue any develop- ment permits in this area. Wickstrom noted that Kent is a lead agency on a portion of the project within the County, and that Bruce Allen & Associates did a special benefit analysis on the properties involved in the potential LID. He stated that a meeting with the property owners was held on March 25th, and noted that there are 465 tax lots with 462 different owners, 50 of whom attended the meeting. Wickstrom then displayed a map of the area, outlined the boundaries, and explained that the east-west corridor will extend from East Valley Highway across two railroads to West Valley Highway, continuing along 196th across the Green River. He explained that the County will pay for half of the bridge and extend the corridor to Orillia Road at 200th, which ties into the 188th interchange of I-5. He noted that the project includes improve- ments including a five-lane roadway with bicycle lanes, bridges, curb and gutter, sidewalks, storm drainage, landscaping, utility modifications, and channelization. Wickstrom noted that train traffic is increasing and that the bridge is critical in maintaining access and usability of the arterial system. Wickstrom explained that the project is only partially funded by an LID, and that the total project cost is $43,041,386.00, of which $21,034,221.00 is LID, $11,533,725.00 is from grants, and $10,038,440.00 is City funds. He then outlined the method of assessment, noting that a special benefit method was used. He pointed out that mitigation agreements represent approximately 3 Kent City Council Minutes June 2, 1998 TRAFFIC CONTROL 54% of the assessment. He went on to explain the payment of assessments if the LID proceeds. In regard to the construction schedule, Wickstrom noted that some work has begun and that it is important to stay within the time frame, since building permits would have to be denied otherwise. He noted that certain portions such as the bridge have been pro- vided for and that a lot of right-of-way has been acquired. He said the next portion will be from West Valley Highway to the Green River which, if successful, should be under construction this summer. He said the County's portion between 200th and Orillia should be completed in the summer of 1999. He noted that the Green River bridge is expected to be completed in August 1998, and the bridge over the railroad tracks is scheduled for construc- tion in 1999 and completion in 2000. He said that 196th between West Valley Highway and East Valley Highway is to be done by 2000. Wickstrom explained that it takes protests from property owners representing 60% or more of the proposed LID assessment to defeat the LID, and that there are presently 54% commitments through the contractual agreements, but that the final decision whether or not to form the LID is to be made by the Council. He clarified for Yingling that there will not be upgrades to Orillia Road because the traffic will not be increasing at this point in time. Mayor White reminded Councilmembers that they have received a memo from the Attorneys Office and that the City has retained Mr. Wayne Tanaka of Ogden, Murphy & Wallace as their counsel. He also noted that a court reporter is taking down the proceedings to be made a part of the record. He then explained that there are two main stages to the LID process, the formation stage and the assessment stage, and that at tonight's formation stage, only comments about the formation of the LID will be heard. He declared the public hearing open. T. J. Parks, of Gordon, Thomas, Honeywell, P.O. Box 1157, Tacoma, representing property owner Nick Nesland of 6942 S. 196th, Kent, said he has been asked to ensure that the amount of the assessment is appropriate based on special benefits and to request information related to the formation of the LID, specifically 4 Kent City Council Minutes June 2, 1998 TRAFFIC CONTROL the boundary. He provided copies of a letter from Terry Brink addressing the calculation of special benefits, and a letter from him requesting disclosure of public information and requesting opening a discourse with the City regarding the amount of the assessment. Robert E. Walkley, attorney representing Burlington Northern and Santa Fe Railway Company, provided a letter of objections and stated that one of the critical aspects of this project is crossing the BNSF main line. He said that there is also a yard facility and industrial trackage which will be spanned by the proposed project. He noted that the project will locate a pier on the BNSF corridor, and said they are extremely concerned that nothing be done to impact the future capacity of the railroad right-of-way by the construction of this or any other project. He noted that the rail- road expects growth in the future of both freight and passenger service and will need all the capacity possible. He said that preliminary designs show that a pier will interfere with a fourth track they believe they will have to construct in the near future. He noted that a preliminary plan presented to them on May 26 moving the pier to the edge of the right-of-way would be an improvement, but that no offer has been made for damage, compensation or taking. He said there has been no discussion on details of the agreement, which will be critically important. He reminded Council that they cannot interfere with interstate commerce. Walkley noted that the FAST Corridor initiative rejected funding for this project. He asked Council to delay formation until the impact on FAST has been reviewed, agreement has been reached with the railroad, WUTC proceedings are concluded, and the benefit study is redone in ways shown in his letter. Mayor White noted that this project was developed prior to the FAST Corridor project. John Trumbull, representing the Union Pacific Railroad, provided a letter of opposition, and noted that the Railroad is affected by the project where it crosses the main line tracks and also where it crosses an industrial spur that serves Toys R Us. He said that UPRR will be affected at the crossing that serves Toys R Us, and it will probably cost over $450,000 to completely redo the elevation of the track through the road crossing and signalize the road cross- ing. He stated that the benefit for an overpass that crosses a main 5 Kent City Council Minutes June 2, 1998 TRAFFIC CONTROL line track where there is no existing road crossing to the railroad is no benefit. He said there would be a benefit if there were an existing at-grade crossing. He concluded by saying that the railroad opposes the LID as stated, and urged the Council and Mayor to look at the project and review the letter of opposition. Robert Mack, attorney with Smith Alling Lane, 1102 Broadway, Suite 403, Tacoma, 98402, representing Mr. and Mrs. Kung Cho who are the owners of a Chevron service station and convenience store at 18015 East Valley Highway, Kent 98032, said they are not opposed to creation of the LID but have a concern about the ordinance and the schedule for the special assessment. He explained that Cho's project involves construction of a service station, a convenience store and a car wash, and that the car wash has not been built yet. He explained that the preliminary figure provided in the Environmental Mitigation Agreement as a cap was based on revision if a traffic impact study was done, and noted that the traffic impact study cannot be completed until six months after the project is complete. He noted that the Cho's were only recently notified that the permit for the car wash has been issued. He voiced concern that the construction might be completed at the time the ordinance apparently sets for the final assessment for the properties, and the traffic study, which they feel would show the assessment should be lower for the property, could not be completed until six months after that. He noted that there has been correspondence with the city and provided a letter from Mr. Creager of Barghausen Consulting Engineers and a voice mail response from the City in November 1996 setting out the concerns on this problem. He offered to provide more details if requested. He reiterated that they are not opposed to creation of the LID but have a concern that in the way it is created it may adversely affect their rights to reduce the preliminary assessment and the EMA. There were no further comments from the audience and ORR MOVED to close the public hearing. Woods seconded. Assistant City Attorney Brubaker pointed out that the Council has been given an amended ordinance that differs from the one in the agenda packet, and explained that the minor technical revisions make the ordinance more consistent with bonding practices. The motion to close the public hearing then carried. 6 Kent City Council Minutes June 2, 1998 TRAFFIC CONTROL CLARK MOVED to make the Public Works Director's memorandum of May 27, 1998 a part of the record and to adopt r in n e No. 3404 creating the formation of LID 340, S. 196th/200th Street Corridor Improvements, Green River to East Valley Highway, as amended. Woods seconded. Orr offered a friendly amendment to the motion to include all the materials received tonight as part of the record. Clark agreed. Clark said he has trouble with Mr. Trumbull's comments on whether there is an impact because there is no existing cross road access, and noted that approximately 150,000 people attempt to use only four possible roadways across that area, all of which are at street level and do impact the railroad. He said they are discussing an overpass over the top and whether that doesn't relieve a significant threat to the railroad traffic. He also said he is struggling with Mr. Walkley's observation that the freight traffic would be impacted because this specific line that is actually impacted is in fact simply a spur route and discussion is only about the location of the tracks and it has no implication whatsoever for main line traffic. He said this project is absolutely fundamental for the City's ability to fulfill the Growth Management Act's levels of service in terms of transportation projects, and must be continued. He added that if the City did not go forward, they may be unable to grant permits, which would strangle all growth in the valley. In regard to the comments from Mr. Walkley and Mr. Trumbull concerning the railroads, Brotherton said they were mostly engineering details that could be worked out and are not sufficient to impact formation of the LID. He agreed that the project is critical to the city and that traffic needs to be kept moving across the railroad tracks. Wickstrom noted for Amodt that the figures are preliminary and that a hearing on the final assessment roll will be held, at which time Council will decide what is valid. Clark's motion to make the Public Works Director's memorandum and the material received tonight part of the record, and to adopt Ordinance No. 3404 as amended then carried. 7 Kent City Council Minutes June 2, 1998 TRAFFIC CONTROL (BIDS - ITEM 5A) City Of Kent Traffic Stri ina. The bid opening for this project was held on May 26th with three bids received. The low bid was submitted by Stripe Rite, Inc. in the amount of $39,174.91. The Engineer's estimate was $48,001.06. The Public Works Director recommends that the contract be awarded to Stripe Rite, Inc. CLARK MOVED that the City of Kent Traffic Striping contract be award to Stripe Rite, Inc. for the bid amount of $39,174.91. Epperly seconded and the motion carried. (BIDS - ITEM 5B) 6th Avenue North Improvements. The bid opening for this project was held on May 26th with five bids received. The low bid was submitted by Ohana Nursery in the amount of $47,321.75. The Engineer's estimate was $51,195.25. The Public Works Director recommends that the contract be awarded to Ohana Nursery. CLARK MOVED that the 6th Avenue North Street Improvement contract be awarded to Ohana Nursery for the bid amount of $47,321.75. Brotherton seconded and the motion carried. PLATS (CONSENT CALENDAR - ITEM 3I) Swan Court 11 Preliminary Plat SU-98-5. SET June 16, 1998, as the date for a public meeting to consider the Hearing Examiner's recommendation of approval with conditions for a preliminary plat application by Baseline Engineering, inc. (OTHER BUSINESS - ITEM 4A) Rhododendron Estates Preliminary Plat No. SU-97-2. This date has been set to consider the Hearing Examiner's recom- mendation for conditional approval of an application by N&G CORRECTED e REFER TO Development LLC for a 16-lot single-family residential preliminary MINUTES OF - 7.7-Wo . subdivision. The property is located at 15809 124th Avenue S.E. CLARK MOVED to accept the Hearing Examiner's recommendation of approval of the Rhododendron Estates preliminary plat with 12 conditions. Woods seconded and the motion carried. 8 Kent City Council Minutes June 2, 1998 PLATS (OTHER BUSINESS - ITEM 4B) Canterbury Greens Townhomes Final Plat FSU-96-4 This date has been set to consider the Canterbury Greens Final Plat. The subdivision contains 19 lots on 4.21 acres and is located at the intersection of SE 264th and approximately 124th Avenue S.E. The City Council approved the preliminary plat on November 5, 1996. CLARK MOVED to approve the staffs recommendation of approval with conditions for the Canterbury Greens Final Plat and to authorize the Mayor to sign the final plat Mylar. Woods seconded and the motion carried. SISTER CITY (CONSENT CALENDAR - ITEM 3H) _Norway Sister City. Addition Of Gaular Kommune To Existing Agreement AUTHORIZATION for the Mayor to sign a Sister City Agreement adding Gaular Kommune to the Indre Sunnfjord, Norway Sister City Relationship, as unanimously recommended by the Operations Committee at its May 20, 1998 meeting. The Kent-Norway Sister City relationship partners our community with three kommunes in the Indre-Sunngord region of Norway's west central coast. These kommunes are Forde, Nastdaul, and Jolster. Since formation of the relationship, another nearby kommune, Gaular has expressed interest in joining the relation- ship. Adding Gaular Kommune to the relationship would result in no financial or staffing impact. If approved, the agreement would be signed during the visit by a Kent delegation to Norway later this month. PARKS & (CONSENT CALENDAR - ITEM 3E) RECREATION Kent Ridge Estates, Namina Of Park. AUTHORIZATION to name the neighborhood park in Kent Ridge Estates "Greenview Park. Numerous written and verbal suggestions were received from residents of Kent Ridge Estate to name their neighborhood park. After discussion and review, staff recommends naming the park Greenview Park. 9 Kent City Council Minutes June 2, 1998 PARKS & (CONSENT CALENDAR - 3F) RECREATION Senior Center Roof Repair Change Order/Budget Chance. AUTHORIZATION of a budget change for $25,000 from unallo- cated Capital Funds and approval of a second change order of $15,266, plus WSST, to complete the Senior Activity Center Reroofing Project. Extensive dry rot has damaged the Senior Center roof. Staff is pursuing reimbursement from the original roof contractor, as it is a result of improper installation and/or failure of the original roofing systems. To fund the repairs staff requests a budget change of $25,000, including a second change order for $15,225 to complete the project. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through May 15 and paid on May 15, 1998, after auditing by the Operations Committee on May 19, 1998. Approval of checks issued for vouchers: Date Check Numbers Amount 5/15/98 199933-200177 $1,0991603.36 5/15/98 200178-200572 1056,205.76 $2,155,809.12 No Payroll Checks were approved for this time period. APPOINTMENTS (CONSENT CALENDAR - ITEM 3C) Kent Transit Advisory Board Appointments. CONFIRMATION of the Mayor's appointment of Jim Bennett to serve as a member of the Kent Transit Advisory Board. Mr. Bennett's term will continue until 4/30/2000. The Mayor explained that Mr. Bennett will be the School District representative, rather than Mr. Walkup. CONFIRMATION of the Mayor's appointment of Bob Swartout to serve as a Transit Advisory Board member. Mr. Swartout is the manager of the South County Activity Center (SKAC) and his knowledge concerning the needs of people who are physically challenged will be a valuable resource to the Board. Mr. Swartout will replace Tony Springman, whose term expired. His new term will continue until 4/30/2000. 10 Kent City Council Minutes June 2, 1998 APPOINTMENTS (CONSENT CALENDAR - ITEM 3G) Public Development Authority Board ARRointments CONFIRMATION of the Mayor's appointment of Stephanie Klappenbach, Charlene Shaw, Dick Lackey, Robert (Bob) Swartout and ]on Johnson to serve as members of the Kent Downtown Public Market Development Authority Board of Directors. In accordance with Ordinance No. 3396, which established the Kent Downtown Public Market Development Authority; approved a charter and initial bylaws and established a Board of Directors to govern the affairs of the Authority, the Mayor has appointed five people to serve on the Board of Directors. As specified in the Charter of the Kent Downtown PDA, the terms of office of the appointed members shall commence on June 1, 1998, and shall be staggered as follows: one member for a two- year term; two members for three-year terms; and two members for four-year terms. The Mayor has appointed Stephanie Klappenbach to serve a two- year term that will be in effect until May 31, 2000. Charlene Shaw and Dick Lackey are appointed to three-year terms that will be in effect until May 31, 2001. Robert Swartout and Jon Johnson are appointed for four-year terms that will be in effect until May 31, 2002. REPORTS Council President. Orr asked Councilmembers to make their reservations for the June 10 Suburban Cities dinner in Redmond through Ms. Banister. Orr thanked the South County Journal for a recent editorial regarding people running red lights, and asked that this issue be discussed by the Public Safety Committee. Epperly agreed. ADMINISTRATIVE McFall reported that he and the Mayor have been serving on the REPORTS Suburban Cities Regional Governance and Finance Committee and that he will provide Councilmembers with copies of a recently completed questionnaire. He also noted that they will continue to work on this project through the summer. it Kent City Council Minutes June 2, 1998 EXECUTIVE At 8:03 McFall announced an executive session of approxi- SESSION mately 30 minutes. ADJOURNMENT The meeting reconvened and adjourned at 9:20 P.M. Brenda Jac¢ber CMC City Clerk 12