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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/07/2002 • KEN T Kent, Washington WASHINGTON May 7, 2002 The regular meeting of the Kent City Council was called to order at 7 : 00 p m. by Mayor White Councilmembers present : Clark, Epperly, Orr, Peterson, White, Woods, and Yingling Others present . Chief Administrative Officer Martin, City Attorney Brubaker, Police Chief Crawford, Public Works Director Wickstrom, Community Development Director Satterstrom, Finance Director Miller, Parks, Recreation and Community Services Director Hodgson, and Information Technology Director Mulholland. Approximately 75 people were at the meeting. (CFN-198) CHANGES TO THE AGENDA Clark added Other Business Item 7B, Meadow Hills Sanitary Sewer. (CFN-198) PUBLIC COMMUNICATIONS Public Works Week. Mayor White read a proclamation noting that public works services are an integral part of citizens ' everyday lives, and that the quality and effectiveness of public works facilities are dependent upon the efforts and skill of public works officials He proclaimed the week of May 20-24 as Public Works Week in the City of Kent and encouraged citizens and organiza- tions to recognize the contributions public works officials and staff make every day to the health, safety, comfort and quality of life . Public Works Director Wickstrom accepted the proclamation. Martin outlined some of the amazing achievements made recently by the Public Works Department . (CFN-155) Letter Carrier' s Food Drive Day. The Mayor declared May 11, 2002 , as Letter Carrier' s Food Drive Day in the City of Kent . He explained that letter carriers are having a food drive and that the food would be distri- buted to the Kent Community and Springwood Food Banks and to Storehouse 98042 . Karen Kirkmeyer-Wilson accepted the proclamation and expressed her appreciation. (CFN-155) Employee of the Month. Mayor White announced that Mike Lane, Senior Systems Analyst in Information Technology, has been chosen as Employee of the Month for May. He noted that Lane has shown exceptional talent and commit- ment by taking over the permitting system duties and moving the permit pro]ects forward. Stan Waldrop, Business Systems Manager, explained that the permitting system is very challenging and that Lane truly deserves this award. (CFN-147) 1 Kent City Council Minutes May 7, 2002 PUBLIC COMMUNICATIONS Mental Health Month. Mayor White noted that untreated or under treated mental illness costs public and private employers billions of dollars annually and that Kent has made a commitment to community-based systems of mental health care in which all residents can receive high quality and consumer responsive services . He declared the month of May 2002 as Mental Health Month in the City of Kent, and presented the proclamation to Marilyn LaCelle . LaCelle, Chief Executive Officer of Valley Cities Counseling and Consultation, expressed thanks for leading the way in support of human services . (CFN-155) Introduction of Appointees. Mayor White introduced Richard Ternes and Douglas Smith, his appointees to the Golf Advisory Board. (CFN-118) CONSENT CALENDAR CLARK MOVED to adopt Consent Calendar Items A through J. Woods seconded and the motion carried. CLARK MOVED to amend the previous motion to include addition and approval of Item K, appointments to the Golf Advisory Board. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) (CFN-198) Approval of Minutes . Approval of the minutes of the regular Council meeting of April 16, 2002 . STREET VACATION (CONSENT CALENDAR - ITEM 6C) (CFN-102) S. 206th Street Vacation. Adoption of Ordinance No . 3599 vacating a portion of South 206th Street . (CONSENT CALENDAR - ITEM 6D) (CFN-102) 48th Avenue South Street Vacation. Passage of Resolution No. 1618, which amends the public hearing date on the surplus SR 516 (48th Place South) street vacation petition from May 21, 2002 , to June 18, 2002 . Resolution No 1612 submitted for Council ' s review at the April 16 , 2002 , Council meeting contained an incorrect legal description. In correcting this matter, it is necessary to reschedule the public hearing to June 18 , 2002 . This Resolution corrects the error. 2 Kent City Council Minutes May 7 , 2002 STREET VACATION (CONSENT CALENDAR - ITEM 6E) (CFN-102) Street Vacation, SE 266th Street. Passage of Resolution No. 1619 setting a public hearing date of June 18th for vacating a portion of SE 266th Street, as recommended by the Public Works Committee . HAZARDOUS WASTE MANAGEMENT (CONSENT CALENDAR - ITEM 6F) (CFN-738) Public Health Hazardous Waste Management Program D22059D, Amendment 7 . Authorization for the Mayor to sign Amendment #7, Memorandum of Understanding to the Public Health Hazardous Waste Management Program, direct staff to accept a grant in the amount of $17 , 350 . 84 and esta- blish a budget for the funds to be used within said program, as recommended by the Public Works Committee . PUBLIC WORKS (CONSENT CALENDAR - ITEM 6G) (CFN-1217) 277th Corridor Fish Habitat. Accept the 277th Corridor Fish Habitat project as complete and release retainage to Scoccolo Construction upon standard releases from the state and release of any liens, as recommended by the Public Works Committee . The original contract amount was $193 , 160 00 The final contract amount was $338 , 819 . 61 . Adequate funds exist within the project budget to cover this overage . (CONSENT CALENDAR - ITEM 6H) (CFN-136) Donation of Surplus Equipment (Radios) . Authorization to declare the obsolete portable and mobile radios that were removed from replaced vehicles as surplus and donate them to North Seattle Community College, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 6J) (CFN-103) 72nd Avenue South Pavement Reconstruction. Accept the 72nd Avenue South Pavement Reconstruction project as complete and release retainage to Scarsella Brothers upon standard releases from the state and release of any liens, as recommended by the Public Works Director. The original contract amount was $768, 768 . 68 . The final contract amount was $706, 157 . 95 3 Kent City Council Minutes May 7, 2002 PUBLIC WORKS (OTHER BUSINESS - ITEM 79) (CFN-1038) Meadow Hills Sanitary Sewer. ORR MOVED that the Mayor be authorized to award the Meadow Hills Sanitary Sewer contract to the apparent low bidder, upon concurrence of the Public Works Director. Woods seconded Orr explained that this item had gone to the Public Works Committee yesterday and that a breakdown in the sewer line has been patched She said allowing the Mayor to award the contract after the bids are opened tomorrow will save two weeks time if the patch doesn' t work. Her motion then carried. (BIDS - ITEM 8B) (CFN-1038) 98th Avenue South Widening. The bid opening for this project was held on April 18th with three bids received. The low bid was submitted by R. W. Scott Construction in the amount of $417, 861 . 70, including tax. The Engineer' s estimate was $383 , 634 . 50 including tax. The Public Works Director recommends awarding this contract to R.W Scott Construction, establishing a budget for the project and declaring the City' s intent to bond for a portion of the funds . ORR MOVED to award the 98th Avenue South Widening con- tract to R W. Scott Construction, establish a budget for the project and to declare intent to bond for a portion of the funds . Peterson seconded and the motion carried. LID 350 (CONSENT CALENDAR - ITEM GI) (CFN-1144) LID 350, Big K Sanitary Sewer and Del Webb Sanitary Sewer Interceptor Project, Charge in Lieu of Assessment. Authorization for the Public Works Department to esta- blish a charge in lieu of assessment for the affected properties as indicated within the boundaries of 124th Avenue S .E. and SE 270th Street and along SE 268th Street, as recommended by the Public Works Committee . ZONING CODE AMENDMENT (OTHER BUSINESS - ITEM 7A) (CFN-131) Zoning Code Amendment Phase 2A (ZCA-2001-1) . On April 8, 2002 , the Land Use and Planning Board recommended amend- ing Kent City Zoning Code Sections 15 . 02 , 15 . 04, 15 . 08, and 12 . 01 as outlined in the proposed ordinance . This 4 Kent City Council Minutes May 7, 2002 ZONING CODE AMENDMENT group of amendments is largely corrective in nature and is meant to solve code conflicts or provide additional clarifying language . Kim Marousek of the Planning Department explained that most of the amendment rectifies scrivener' s errors and provides clarification. She emphasized that no new land uses were added and said substantive changes relate to MRT zoning setbacks and the period of validity for conditional use and variance applications . ORR MOVED to approve the Land Use and Planning Board' s recommendation for the Zoning Code Amendments Phase 2A and Chapter 12 . 01 and adopt Ordinance No . 3600 . Woods seconded and the motion carried. PARKS, RECREATION AND COMMUNITY SERVICE (BIDS - ITEM 8A) (CFN-120&118) Kent Commons Re-roof. The bid opening for this project was held on April 5, 2002 with 9 bids received. The low bid was submitted by Pacific Sheet Metal in the amount of $110, 140 . 00 The Engineer' s estimate was $148, 000 . 00 . The Parks Director recommends awarding the contract to Pacific Sheet Metal , for $110 , 140 . 00 plus Washington State Sales Tax. WOODS MOVED that the Commons Re-roof project be awarded to Pacific Sheet Metal for the bid amount of $110 , 140 . 00 plus Washington State Sales Tax. Epperly seconded and the motion carried. COMPREHENSIVE PLAN (PUBLIC HEARING - ITEM 5A) (CFN-1240&377) DeMarco Annexation Zoning and Comprehensive Plan Amendment AZ-2001-1 and CPA-2001-1. On March 11, 2002 , the Land Use and Planning Board held a public hearing on both the annexation zoning map amendments and the compre- hensive plan land use map amendments for the DeMarco Annexation area. Charlene Anderson of the Planning Department showed maps of the area and explained that the Board recommended a two acre square at the corner of 116th and 240th be zoned commercial , but because of traffic ingress and egress, Planning staff suggests a rectangle of 200 ' along 240th and 435 ' along 116th with a buffer of low density multifamily if Council decides to go with Commercial in that area. Wickstrom explained 5 Kent City Council Minutes May 7, 2002 COMPREHENSIVE PLAN that driveways should be 200 ' from major arterials and 100 ' from minor arterials, that the preferred access would be from 116th, and that the rectangle would be the preferred shape . Mayor White opened the public hearing . Joseph Paolino, 23306 115th Place SE, said that commercial development is unnecessary and that any commercial zoning would be detrimental to the area. Nancy Moore, 12305 SE 237th Place, agreed and listed all the businesses within a mile of her neighborhood. She spoke in support of the Land Use and Planning Board' s recommendation, citing traffic and school concerns . Bob O 'Brien, 1131 Seattle Street, urged the Council to take into consideration the fact that Mr. Lotto has made a generous offer to accommodate his neighbors, which will cost him millions of dollars . David Eastern, 5031 165th Place SE, Bellevue, said that people would shop at businesses in the area even though there are others nearby He noted that people prefer no development, but said that is not an option Amy Kosterlitz, attorney for the Lottos, urged the Council to support their compromise alternative to retain their eight acres of zoning. She said the Lottos have agreed to down zone the majority of their property to single family, and that there is strong support for the requested commercial zoning. She said approving the eight acres of neighborhood commercial is fair and in line with public rights policies, and that it won' t cause traffic problems . Brad Martin, 23628 116th Avenue SE, voiced opposition to any commercial or multifamily development of the Lotto property. He said he did not see notification of a pro- posed zoning change for Lotto ' s property from the County, and that he would have opposed it at that time . He said he could reluctantly accept the proposed compromise . Martin Durkin, Jr. , 22401 Sweeney Road, Maple Valley, disputed the size of the Meridian Shopping Center property and said the Lotto property was converted to commercial zoning in 2000 because residents of the area complained about multifamily zoning. He distributed copies of an article regarding sprawl and a chart of 6 Kent City Council Minutes May 7, 2002 COMPREHENSIVE PLAN vacant lands in the city which shows that the city has an abundance of SR-6 land available but no neighborhood business land. He said pedestrian friendly neighborhoods are needed and urged the Council to be fair with Mr. Lotto. Mark Mockitell , 23601 126th Place SE, urged the Council not to expand the commercial potential of the area, and said the Planning Board' s compromise is reasonable . Julie DeMarco, 13004 SE 234th Street, was opposed to commercial because of increased traffic, overcrowded schools and safety concerns . Gina Martin, 23628 116th Avenue SE, presented over one hundred letters signed by Kent residents requesting that the Council support the Land Use and Planning Board' s recommendation to limit the Lotto property to two acres commercial and the remainder SR-6 . She expressed concern that commer- cial buildings would be placed as close as possible to her property, and said it is not easy for the Council to stand up for what is best for the community and for what the ma3ority of citizens want . CLARK MOVED to make the letters a part of the public record. Woods seconded and the motion carried. Darlene Jevne, 23636 120th SE, spoke in opposition to commercial zoning and in support of the recommendation for two acres of commercial and the remainder SR-6 Mike Lotto, 11644 SE 240th Street , reminded the Council that his property has been zoned 18 units an acre since 1992 and eight acres has been zoned commercial for two years, and that he has conceded quite a bit in giving up multiple zoning for SR-6 . He said he had been assured that if the area was annexed to the City of Kent, he could keep the zoning he had in the county and urged the Council to be fair and reasonable and give him at least five acres of commercial David Swanson, 27228 120th Avenue SE, said there are many issues to consider before voting, including problems associated with a fluid school environment . Lena Teeter, 23607 120th Avenue SE, said Mr. Lotto should be able to retain the zoning that he had in the county. Ted Nixon agreed with Ms . Teeter. Kevin Joyce, 11858 SE 236th Street, urged the Council to adopt the proposed zoning of 2 acres commercial and the remainder SR-6 . He cited traffic issues, shortage of parks and ballfields for children, and overcrowded schools as reasons . 7 Kent City Council Minutes May 7, 2002 COMPREHENSIVE PLAN Bill Moore, 12305 SE 237th, stated that the county did not inform citizens in the area of the zoning change, and that that was part of the reason for the annexation. He said there is a financial impact to all residents of the area, as well as to Mr. Lotto, and urged the Council to support the compromise . Joe Rubio, 3831 S . 248th, said growth can' t be stopped and should be accepted, and Mr Lotto should be compensated. Steven Mack, 12334 SE 236th Place, said the self-interested appeals should be sepa- rated from community interests . He urged the Council to accept the recommendation of the Land Use and Planning Board There were no further comments and PETERSON MOVED to close the public hearing . Woods seconded and the motion carried ORR MOVED to make the other materials received tonight a part of the record. Clark seconded and the motion carried. ORR MOVED to approve the Land Use and Planning Board' s recommendation for the DeMarco Annexation initial zoning and comprehensive plan amendment, and to direct the City Attorney to prepare the ordinance . Woods seconded. Orr said there is no need for more commercial land, that two acres is enough for access, and that she would not object to having the configuration changed should her motion pass . She added that Kent has built more housing than required, so higher density zoning is not necessary She said the City of Kent was not notified by the county of the zoning change in the area, and said that zoning was not appropriate . She emphasized that the Council has to consider what is best for the whole city, not just one corner She said she is unaware of who promised Lotto the same zoning and emphasized that the Council makes that decision. Woods explained that the Council does the best they can in every situation to consider all sides, but that everyone won' t agree on everything. Clark explained that the wetlands through the Lotto property are covered under Federal law and cannot be built on. He added that the Kent School District is the fourth largest in the state, but that only one-third of the school district is inside the city limits of Kent . 8 Kent City Council Minutes May 7 , 2002 COMPREHENSIVE PLAN He said the Council has to consider Growth Management and that their decisions are not arrived at lightly. Epperly pointed out that the people who moved into the area in the past ten to fifteen years impacted the lives of those who were there before then. She said she feels a pro- perty owner should get as much value for their property as they can, and said she would be willing to give Mr Lotto four acres instead of two. Yingling said the fact that commercial would ruin a pro- perty owner' s view is a legitimate concern. He pointed out that the more commercial zoning in the area, the less impact on schools He added that more commercial would also help with traffic impacts . He said the wetlands would provide a huge buffer for the neighborhood, and that single-family homes would have more impact on the wetlands, due to drainage from their yards . He opined that the fair thing to do regarding the zoning is to follow past practices and not punish Mr. Lotto. White said this is a property rights issue to which everyone has a right, and that it would be cruel to put Mr. Lotto through the up zoning process again. He estimated that this motion would strip $7, 440, 000 from Lotto ' s equity. Orr responded that she would be more comfortable if there had been any public process before the county up zoned his property, but there was no opportunity for public input . Peterson expressed concern about fairness, economic viability of the commercial development, and property rights She said there are no guarantees regarding compatibility between city and county jurisdictions, and that the vision of the residents of the area is not harmful to the city. Upon a roll call vote, the motion to approve the Planning Board' s recommendation for the DeMarco annexation zoning carried 4-3 with Clark, Orr, Peterson and Woods in favor and Epperly, white and Yingling opposed. FINANCE (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Hills . Approval of payment of the bills received through April 15 and paid on April 15 after auditing by the Operations Committee on April 16, 2002 . 9 Kent City Council Minutes May 7, 2002 FINANCE Approval of checks issued for vouchers : Date Check Numbers Amount 4/15/02 Wire Transfers 1151-1161 $1 , 154 , 148 . 97 4/15/02 Prepays & 531824 325 , 575 . 31 4/15/02 Regular 532426 2 , 908, 007 . 31 $4, 387, 731 . 59 Approval of checks issued for payroll for March 16 through March 31 and paid on April 5, 2002 : Date Check Numbers Amount 4/5/02 Checks 259278-259621 $ 266, 048 03 4/5/02 Advices 126734-127459 1, 058, 035 . 28 $1, 324 , 083 31 APPOINTMENTS (CONSENT CALENDAR - ITEM 6K) (CFN-118) Golf Advisory Board Appointments. Confirmation of the Mayor ' s appointment of Richard Ternes and Douglas Smith to the Golf Advisory Board. Mr. Ternes is a retired high school math teacher. He was a high school golf coach for seven years, volunteered at the local food bank, and spent time as a golf volunteer He has also volunteered with the Little League organization. He is a charter member of Riverbend Men' s Club . Mr. Ternes will replace George Billings . Mr. Douglas Smith is self-employed and is a member of the River Bend Men' s Club. He will replace Gary Tomlinson. REPORTS Council President. Clark reminded Council members of the Suburban Cities Association Board meeting on Thursday at 7 : 00 o ' clock, and the Valley Com dedication at 3 : 00 p m on May 31st He encouraged interested citizens to tour the building between one and five p.m. that day. Public Safety Committee. Epperly noted that the next meeting will be at 5 : 00 p.m. on May 14 . Public Works Committee. Orr noted that the next meeting will be held at 5 00 p.m. on May 20 . 10 Kent City Council Minutes May 7, 2002 REPORTS Planning Committee. Orr said the next meeting will be at 3 : 00 p.m. on May 21 . Administrative Reports. Martin noted that there is an executive session of one item dealing with pending litigation, and that action may be taken after the ten minute executive session. EXECUTIVE SESSION The meeting recessed to executive session at 9 12 p.m. and reconvened at 9 :25 p.m. Pending Litigation. ORR MOVED to authorize the Mayor to sign all documents necessary to settle the current tariff dispute and pending litigation with Puget Sound Energy, sub]ect to approval of all final terms and conditions by the City Attorney. Clark seconded and the motion carried. ADJOURNMENT CLARK MOVED to ad3ourn at 9 : 25 p .m. Woods seconded and the motion carried. Brenda JacobejCMC City Clerk 11