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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/15/1994Kent, Washington February 15, 1994 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Johnson, Mann and Orr, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Public Information & Government Affairs Division Manager Martin and Finance Division Manager Miller. tely Councilmember Woods was excused from the meeting. App 20 people were at the meeting. PUBLIC Mayor White introduced and welcomed King County that he COMMUNICATION Councilmember Chris Vance. Vance stated the City's position on parking at agrees with the Regional Justice Center, and is encouraged with how the project is going. He noted that he has met with Cheryl Fraser regarding the pro- is fantastic posed teen center, which he feels a that this should be a regional idea. He added facility and that the County should help fund it. He stated that he feels the current growth management planning policies are unrealistic, that the urban growth boundary cannot be perma- nent, and that current policies discourage major employers from locating here. He said the are too limiting as to current planning policies what local officials can do. Introduction of Mayor's Apvointees. Mayor White introduced recent appointees Ted Nixon and Ford Kiene. CONSENT JOHNSON MOVED that Consent Calendar Items A and the CALENDAR through K be approved. Orr seconded motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) of Minutes. APPROVAL of the minutes of Approval the regular Council meeting of February 1, 1994. TRAFFIC (BIDS - ITEM 5A) Traffic Signal at Reitan Road and Jason Avenue. CONTROL The bid opening for this project was held on February 2nd with two bids received. The low in the amount bid was submitted by The V Company of $42,000.00. The Engineer's Estimate was $46,000.00. The project consists of a signal system installation, primarily pedestrian activated. The Public Works Committee has 1 February 15, 199 TRAFFIC recommended that this bid be accepted. MANN CONTROL MOVED that the contract for the Traffic Signal at Reiten & Jason be awarded to The V Company in the amount of $42,000.00. Bennett seconded and the motion carried. SIDEWALKS (PUBLIC HEARINGS - ITEM 2A) LID 343 111th Avenue S.E. Street Improvements. This date has been set for the public hearing on LID 343, street improvements on 111th Avenue S.E. from Kent Kangley Road to Sequoia Junior High School. Public Works Director Wickstrom noted that this LID was pursued after a request from the school to install sidewalks along 111th Avenue S.E. He noted that the school district is the biggest property owner. He noted that numerous properties (79%) executed covenants to improve their half of the road. He explained that some of the new covenants contain a ten- year term limit which requires owners to provide cash to do the project, and that the LID pro- vides a means of meeting the commitment and paying for it over a 10 -year period. He noted that the LID is for widening 111th Avenue S.E., adding curb, gutter, sidewalks on both sides, additional lighting on street light poles, and drainage improvements. Wickstrom explained that a meeting with property owners was held in July 1993, and that the total cost of the project is $141,512.14. He noted that the City is proposing to fund 30% which would be used to overlay the road. Mayor White opened the public hearing. Masami Hasegawa noted that he owns Parcels 1, 2 & 3 and was only recently notified of this LID. He explained that his property is on the corner of Kent Kangley and 111th Avenue S.E. He noted that there are sidewalks to the entrance of the parking lot and that property #2 and #3 are vacant with no plans to use or sell. He pointed out that there is no traffic generated by his business or ownership of the property. He said it is his understanding that this request for sidewalks was made by school children and that improvements are the responsibility of either the school district or the city. He noted that 2 February 15, 199/ SIDEWALKS the covenant was signed two or three generations before him, and that it states that they agree not to protest if the improvement benefits the property. Wickstrom noted that Hasegawa's pro- perty was short -platted by prior ownership in order to achieve the three lots he now has, and one of the conditions was that they would not protest formation of this improvement. He clarified that Hasegawa has a right to protest the benefit during the hearing on the final assessment roll. Upon Houser's question, Wickstrom noted that when assessments are not paid, the property is foreclosed on. Glen Anderson of the Kent School District, 12033 SE 256th, apologized to the staff and Council for all the work they have done on this project. He explained that this began with some children who were concerned about safety. He said what they expected was to provide a blacktop pathway on one side of the road from the school to Kent Kangley. He noted that there is one piece of property between the school and the road and that they hoped the city could help by providing the pathway on that part. He said they would like to find a way to resolve this issue which does not require all the property owners to be involved in a total LID improvement. Dr. Edward J. Stein, property owner, asked about the 10 -year program and Wickstrom responded that improvements must be made prior to the expira- tion date of the agreement; otherwise the City would have required them to improve their half of the road as they got their building permits. White clarified that the commitment is made when the building permit is issued. Wickstrom explained that implementation of the Transpor- tation Act of 1988 put a 10 -year limitation on the covenants, and noted that this causes a piecemeal approach to getting the road fully improved. Mr. Hasegawa asked whether any studies regarding the volume of traffic, the number of accidents that have occurred, and what the risk factors are have been done. He said he feels he should be able to decide when and how to improve his 3 February 15, 199 SIDEWALKS property. White noted that LIDS are governed by the State, and Wickstrom explained the pro- cess regarding whether a property is benefitted. Dr. Stein noted that he agrees with Glen Anderson and favors doing the project all at once rather than piecemeal. Dave Armstrong, 18647 108th Avenue SE, Renton, representing Sequoia Baptist Church, stated that sidewalks would not benefit them and that the assessment would be a hardship on them. He noted that they own the largest frontage, and spoke in favor of Glen Anderson's suggestion. Orr pointed out that the church had a choice at the time they got their building permit, and that in some cases providing the improvements at a later date becomes a real hardship. She voiced concern about the policy regarding cove- nants and urged the appropriate committee to look into it. She stated that the school will have to make improvements by 1999, and it seems a waste of money to do it in halves. There were no further comments and ORR MOVED to close the public hearing. Johnson seconded and the motion carried. Upon Mann's question, Wickstrom explained that property owners as shown on the County Tax Assessor's rolls are notified, and that it is possible that someone who bought the property recently may not receive the notice. He added that the roll is updated at the time of the final assessment roll, and that property owners are asked at the meetings to advise the City of new owners. He also explained for Mann that asphalt does not correspond to the construction standards and it may not last as long as a concrete sidewalk. He noted for Bennett that concrete sidewalks for this project would cost under $40,000. Bennett noted that safety is the issue and MOVED to reject the proposed LID and put in a concrete sidewalk. Johnson seconded. Bennett clarified that his intent is to have a concrete sidewalk on one side which would be in conformance to the road when the road is widened. Orr said that which side of the street the sidewalk would be on may be an issue for the 4 February 15, 1993 SIDEWALKS committee to decide, and that property owners need to understand that the covenants will eventually kick in. Johnson said he does not feel the issue needs to go to the Public Works Committee, and that Wickstrom can make the decision as to which said side of the street to put the sidewalk on. Lubovich suggested that the LID be deferred until the costs of putting in a sidewalk are known. Upon Clark's question, Wickstrom clarified that if covenants were implemented, property owners would have to make their improvements, and added that if the school district is willing to participate, the city could use their money to do more. The Mayor and Lubovich noted that the correct motion would be to table the LID, refer the issue to committee, and bring it back in two weeks. Johnson reiterated that the issue does not need to go to committee, that staff can bring back a recommendation in two weeks. BENNETT MOVED to table the motion. Orr seconded and the motion carried. Orr asked that asphalt be considered as an option, as well as concrete. Bennett stated that some regulations have not proved to be best for the whole, and that some deregulation needs to be done. Mayor White noted that staff has been so directed. REST STOP (CONSENT CALENDAR - ITEM 3H) R.V. Rest Stop- Naden Avenue. AUTHORIZATION for the Public Works Director to install a 5 -stall R.V. parking lot on Naden Avenue, south of Meeker Street, and for finances to come from leftover funds within the James Street 86/87 Overlay fund (Fund #R81), as recommended by the Public Works Committee. REZONE (CONSENT CALENDAR - ITEM 3C) Carvinito Business Park Rezone (RZ-93-3). ADOPTION of Ordinance No. 3155 approving the Carpinito Business Park Rezone (RZ-93-3) as discussed by the City Council on January 18, 1994. ANNEXATION (OTHER BUSINESS - ITEM 4A) Jones/Hobbs Annexation. This date has been set for a meeting with the initiators of the Jones/ 9 February 15, 199 ANNEXATION Hobbs Annexation, an area of approximately 25 acres located at the northwest corner of 100th Avenue SE and South 222nd Street. Staff recom- mends that the Council accept the 10% annexation petition and geographically modify the proposed boundaries by extending them to include all of the rights of way for South 222nd Street and 100th Avenue SE where they are adjacent to the proposed annexation. In addition, staff recom- mends that the Council authorize circulation of the 60% petition subject to the City's existing indebtedness. Planning Director Harris noted that the an- nexation process was formerly handled by the Public Works Department, but that it has been transferred to the Planning Department. He reiterated that the staff recommendation is to accept the 10% petition annexation and to modify the proposed boundaries, and to authorize cir- culation of the 60% petition subject to the City's existing indebtedness. He noted that the annexation is adjacent to Kent's northeast boundary lying north of S. 222nd Street (extended) and west of 100th Avenue S.E., and that it is approximately 25 acres in size. He added that the northern 5+ acres lies within Garrison Creek and the steep slopes that are adjacent to the creek, and that the westerly half of the area has slopes of approximately 15%. He noted that there are approximately eight dwellings and nine lots in the area, and that the Soos Creek Plan designates the area as single family residential with a density of 1-8 dwelling units per acre. He also noted that the Soos Creek implementing zoning designates this area as GR -5, which will revert to RS 7200 on December 31, 1994. He stated that Kent's East Hill Plan calls for development of 4-6 dwelling units per acre, but that when it is annexed it is automatically zoned R1-20 until definitive zoning is done. Harris noted that the Fire Department feels that there would be no significant impact as long as the properties are utilized as they currently are, and if sufficient funds are committed to the ongoing delivery of service. He noted that 11 February 15, 199k ANNEXATION the Public Works Department stated that on-going operations and maintenance service to the area are minimal. He concluded that a review of annexation policies was done which indicates that this annexation satisfies the intent. Miller distributed copies of a fiscal impact analysis and noted that there is minimal finan- cial impact from an annexation of this size. She noted that she will contact other depart- ments and produce a final analysis incorporating any changes. ORR MOVED to accept the 10% annexation petition and geographically modify the proposed boundaries by extending them to include all of the rights of way for South 222nd Street and 100th Avenue S.E. where they are adjacent to the proposed annexation, and to authorize circulation of the 60% petition subject to the City's existing indebtedness. Bennett seconded and the motion carried. Suneil Williams, 21819 100th Avenue S.E., asked about the City's existing indebtedness and taxes, and about the possibility of redrawing the boundaries. Harris recommended that boundaries not be redrawn, except for the area previously mentioned. Williams noted that Parcels 7 and 8 are in a different area, not bounding on 222nd Street, and that it would make more sense to include them when the area across the street is annexed. White clarified that the City does not solicit annexations and that in this case the only modification is to include the entire street. He added that the peti- tioners provided the outline. McFall explained for Williams that the City tries to develop reasonable boundaries, and Lubovich noted that boundaries can be adjusted downward when the matter is next considered, but that they cannot be enlarged. Upon Williams' question, Harris explained that notices were sent to petitioners and everyone who is listed as property owners. Miller explained for Williams that when property is annexed, citizens assume the same levy rate as other residents, and that the effect on the tax rate is very minimal. McFall noted that this information can be calculated for indivi- dual pieces of property and that the County's road district levy ceases on the property. 7 4 February 15, 199A ANNEXATION Dave Casey, Lakeridge Development, P.O. Box 146, Renton, noted that they are the original petitioners, and that the original boundary presented to the City did not include Williams' parcel but that they were directed by the City to try to come up with logical boundaries. He added that they have no problem changing the border to accommodate Williams' request. ANIMAL (CONSENT CALENDAR - ITEM 3D) CONTROL Animal Control Interlocal Agreement. ADOPTION of Ordinance No. 3156 amending Chapter 8.03 of the Kent City Code to reflect licensing, im- pound, sheltering and redemption fee increases pursuant to the City's Interlocal Agreement with King County for Animal Control Services. COUNCIL (CONSENT CALENDAR - ITEM 3K) Council Absence. APPROVAL of a request for an excused absence from February 1, 1994, City Council meeting from Councilmember Christi Houser, as she was unable to attend. PARKS & (CONSENT CALENDAR - ITEM 3F) AUTHORIZATION RECREATION Green River Trail Fence Proiect. to accept as complete the Green River Trail Fence project and to release retainage to Quality Fence Builders upon receipt of State releases, as recommended by the Parks Committee. The project was completed within budget. (CONSENT CALENDAR - ITEM 3G) Interurban Trail Bridge Replacement Proiect. AUTHORIZATION to accept as complete the Interurban Trail Bridge Replacement project and to release retainage to Frank Coluccio Construction Company upon receipt of State releases, as recommended by the Parks Committee. The project was completed within budget. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through January 31, 1994 after auditing by the Operations Committee at its meeting on February 1, 1994. (No vouchers were approved due to the timing of the committee meeting.) 8 February 15, 199Y FINANCE (CONSENT CALENDAR - ITEM 3E) Worker's Compensation Trust Account Transfer. ADOPTION of Ordinance No. 3157 amending Kent City Code Section 3.05 raising the authorized amount in the City of Kent's Worker's Compen- sation Bank Account, and authorizing the Operations Director to transfer monies to the account. APPOINTMENTS (CONSENT CALENDAR - ITEM 3I) Reappointment to Drinking Driver Task Force. CONFIRMATION of the Mayor's reappointment of Ford Kiene as a member of the Drinking Driver Task Force. Mr. Kiene's new appointment will continue to 1/1/97. (CONSENT CALENDAR - ITEM 3J) Appointment to City Transit Advisory Board. CONFIRMATION of the Mayor's appointment of Theodore E. (Ted) Nixon as a member of the Kent Transit Advisory Board. Mr. Nixon is a Kent resident and is interested in Kent's future growth and expansion. He will replace Jim White, who resigned, and his new appointment will continue to 4/30/96. REPORTS Planning Committee. Orr noted that the Planning Committee will meet on the third Tuesday of each month at 4:00 p.m., and that they will meet on the first Tuesday if necessary. Operations Committee. Orr noted that there will be no Operations Committee meeting on February 16. Administrative Reports. McFall noted that it was determined at the Public Works Committee meeting that a workshop should be scheduled regarding recycling services proposals. He suggested holding the workshop at 6:00 p.m. on March 1st, and there were no objections from Council. Clark later pointed out that March 1st is Caucus night, and asked whether it is criti- cal to have the workshop that night. McFall responded that since the current contract ex- pires March 31st, and it is complicated issue, there is some time urgency. 4 I February 15, 199 REPORTS Planning Director Harris advised the Council that there will be a workshop on Capital Facilities on March 8th. The City Attorney noted that his office is trying to obtain Code compliance on three vacant pieces of property. ADJOURNMENT The meeting adjourned at 8:15 p.m. Brenda Ja ber, CMC City Cler 10