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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/18/2008 Kent City Council Meeting KENT November 18, 2008 4Y A5 Y1N a'ON The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Clark, Danielson, Harmon, Ranniger, Raplee, and Thomas. Councilmember Albertson was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Council President Raplee moved Consent Calendar Item D to Other Business as Item B, and added Consent Calendar Item P. Hodgson added Property Negotiations to the Executive Session. B. From the Public. (CFN-198) Continued Communications Item A was added at the request of Kirt Butler, 21915 95th Place South. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There was no public recognition. B. Community Events. (CFN-198) Ranniger announced the Morford Family Carousel, Winter Fest, and the Holiday Bazaar. Danielson encouraged citizens to attend FAME, which is being put on by students from Kentridge and Kent Meridian High Schools. C. Introduction of Appointees. (CFN-198) Mayor Cooke introduced Greg Haffner, David Ott, and Roda Barket, appointees to various Boards, Committees and Commissions. D. Public Safety Report. (CFN-122) Police Chief Strachan gave an update on statistics through October, introduced three new Cadets, and noted that Kent's National Night Out program won third place nationwide. Fire Chief Schneider introduced Jon Napier, who was named 2008 Fire Marshall of the Year. E. Green Business of the Year Award. (CFN-155) Conservation Specialist Gina Hungerford announced that REI has been named Green Business of the Year for the second year in a row. She presented representatives of REI with a plaque. F. Michael Mercer Water Conservation Educator Award. (CFN-155) Mike Mactutis, Environmental Engineering Manager, announced that Gina Hungerford has received the Michael Mercer Water Conservation Educator Award, and outlined her many contributions. G. Kent Events Center and Economic Development Update. (CFN-825) Economic Development Director Ben Wolters noted that although several businesses in Kent have closed, others are opening, and there are prospects for more in the downtown area. Wolters noted that the Events Center will open in 45 days, and explained the remaining work to be done. 1 Kent City Council Minutes November 18, 2008 PUBLIC HEARINGS A. LID 359, 1161h Avenue SE — Street and Utility Improvements. (CFN-1300) This date has been set to consider confirmation of the final assess- ment roll for LID 359. City Attorney Brubaker introduced outside counsel, James Haney, attorney with the law firm of Ogden Murphy Wallace in Seattle, who will represent the Council during these deliberations. Councilmember Danielson recused herself from this issue because the law firm she is employed by has contact with one of the affected property owners. Danielson left the dais and sat in the audience, and upon Haney's question, no one objected to her presence in the room at that time. There were no further appearance of fairness issues or challenges to any of the Councilmembers. Haney then explained the purpose, issues, and process to be used. Upon a question from the audience, it was clarified that comments in favor of the LID written and submitted at the meeting tonight will not be considered a protest. Clark moved to make letters from Linda Kangas Swanson (Exhibit 1) and Apple Lane LLC (Exhibit 2) a part of the public record. Ranniger seconded and the motion carried. Upon Haney's question, no Councilmember or individual who is intending to protest the assessment came forth with an appearance of fairness issue at this time. Haney noted that three additional protests have just been filed and DiJulio suggested that the exhibits be marked during the procedure. Steve DiJulio of Foster Pepper noted that approximately 20% of this $6,500,000 project was assessed to the properties within the benefited areas, and less than 7.5% of the road costs were spread as assessments against the properties. He explained the project and reminded Council members that a hearing had been set previously for September 16, but that during preparation for the hearing, the Colonial Square parcel had their condominium documents recorded which resulted in going from one parcel to 43 parcels. He then explained the benefits of the project. Design Engineering Manager Mark Howlett was sworn in by Mr. Haney and dis- played and explained photographs of the project. Engineering Design Supervisor Mark Madfai was sworn in and began to explain the history of the project. After seeing the map on the overhead projector, Councilmember Thomas noted that he has spoken with Norma Yonce in the past about the cost of the project. DiJulio noted that a last minute protest has been received with respect to Ms. Yonce's parcel. Thomas then recused himself from the hearing. From the audience, Michael Favors asked that both Councilmembers Thomas and Danielson leave the room, stating that Ms. Danielson made what he considers to be an inappropriate remark to the owner of Parcel No. 8. Councilmembers Danielson and Thomas both left the room at this point. Madfai then continued with the history of the project, showed before and after pictures of the area, and explained the bids, costs, method of payment, and so forth. DiJulio noted that protests or comments have been received relating to Parcel No. 8 (Swanson), No. 2 (Apple Lane), No. 13 (M M R & S, LLC), No. 18 (Yonce) and 2 Kent City Council Minutes November 18, 2008 No. 19 (Konen). He identified the preliminary and final assessment amounts of each of these parcels. The criteria for deferral of payments was clarified. DiJulio noted that the hearing was considered open as soon as the first person was sworn in, and presented copies of a letter of explanation to Colonial Square residents (Exhibit 3). Linda Swanson was sworn in and objected to the assessment for Parcel No. 8. She said the process has dragged on for two and a half years, and that the initial assessment was $357,000 plus the cost of undergrounding the utilities for a development potential of ten parcels and a cul-de-sac. She questioned the ten-lot potential because of the wetland running through the property. She said she has been unable to sell the property because of the wetland and the assessment, and that she has spent thousands of dollars for engineering and wetland studies. Swanson said the City has created an unnecessary hardship on her 85-year-old mother. She opined that this and future LIDs need more scrutiny for realistic assessments. She noted that she requested that the property only be assessed for one lot since two of the three lots are in the wetland or buffer, and two of the three lots could only accessed by building a private road for which an easement would be required from the adjoining property, which is currently owned by the City of Kent. She said City staff has assured her that they will attempt to expedite the sale of the excess property adjoining her mother's property as surplus. Upon questions from DiJulio, Swanson recognized Mr. Blanchard and the efforts of his staff to identify the available lots that could be developed on the property, and said she recognized the diagram of available lots that can be developed on her mother's property. In response to DiJulio's question, Swanson said there is potential for the property as a result of having the additional sewer utility and street access provided by the LID as the lot stands by itself without the road and easement and the buffer, but it's possible, not probable. She said she received correspondence from Mr. Madfai dated November 14, 2008, (Exhibit 4) which documented the City's position that, based upon the City's design standards, three lots are possible, but said they wouldn't guarantee three lots are possible. Mayor Cooke determined that there is no representative of Apple Lane, LLC, in attendance regarding the protest submitted on Parcel No. 2. Harmon requested that rebuttal be heard on the protest, and Deputy Public Works Director/City Engineer Tim LaPorte was sworn in by Mr. Haney. He noted for DiJulio that he has worked on this project for approximately three years and is familiar with the protest from Apple Lane LLC. He then responded to the three reasons for the protest given in the protest letter as follows: 1) The stream feature was taken into account in the calculations for the final assessment roll; 2) Apple Lane submitted a Notice of Application in 2007 to tear down multi-family residential units and build nine residences shown on the diagram (Exhibit 5). The water system improve- ments were unique for each property, in this case an 8" water stub and water meters extended across the street, which was a tremendous benefit in that the roadway improvements paid for the restoration, and they were assessed only for the amount the City incurred as a result of the water line improvement for their property only; 3) Without the LID, the development would have been required to build their portion of the roadway and improve the frontage, and that the LID is paying for only approximately 7.5% of the street assessment. 3 Kent City Council Minutes November 18, 2008 Michael Favors, one of the owners of Parcel No. 13, 26026 116th Avenue, was sworn in and spoke in favor of the LID, noting that it is a hardship on some and a benefit to others. He said it is a health and safety issue because sewers are needed, and that it is fair. David Konen, owner of Parcel No. 19, was sworn in and said his objection is not about fairness, but about timing. He said he has gone through a tentative short plat for his and adjoining property and quite a bit would have to be surrendered to storm water retention, road connectivity, etc., and that it would be impossible to get four lots out of the subdivision as shown by the City. Konen stated for DiJulio that he is not aware that as a result of the LID all of the storm water issues have been addressed and he will not have to surrender any property for storm water improvements. Norma Yonce, owner of Parcel No. 18, was sworn in and objected to the assess- ment because she has to go a mile and a half out of the way to get into her driveway, has received no improvement to her property, and is on a fixed income. Criteria for deferred payments was displayed for Ms. Yonce and upon a request from her friend Duane, Haney clarified that the state makes the payments to the city and retains a lien against the property and once the property is sold, the state gets paid back with interest. Duane said Ms. Yonce's concern is that there would be no money left after repaying the state. Duane reiterated the inconvenience of getting into her driveway and the fact that she was told that would not occur, as well as the lack of benefit to her. Mayor Cooke called for any final protests; there were none. After Erin Fehringer George was sworn in, she noted for DiJulio that she is currently a planner but before that was a wetland biologist in the Public Works Department Environmental Engineering Section, and that she considered the wetland delinea- tions with respect to the Parcel No. 8 within LID 359 at the start of the project, although it was called the Wetland Inventories. She added that no wetlands were shown at the time on the property referred to, but that it was later determined that there were wetlands on the property. Upon DiJulio's request, LaPorte described the basis for the assessment against the Yonce parcel, noting that it did not have the ability to subdivide, however it was on septic and on a small lot. He said it was felt that bringing sewers to all parcels which were not on sewers was necessary. He said sewers were the exclusive element of the improvements that were the subject for assessment against this parcel. He said LID 359 did not affect access to the property, noting that Kent-Kangley Road is controlled by the state, and that a development to the south resulted in additional turning movements which needed to be controlled with C-curbing, which resulted in restriction of access to the property. LaPorte reiterated for Clark that this LID is completely north of Kent- Kangley Road, and was not the reason C-curbing is needed. He confirmed that when traveling east on Kent-Kangley Road, it is not possible to turn left into Ms. Yonce's property. DiJulio noted that on June 23, 2006, the City's Public Works Department wrote to Ms. Yonce describing the deferral process regarding LID assessments (Exhibit 6). 4 Kent City Council Minutes November 18, 2008 Regarding Parcel No. 19 (Konen), Madfai described for DiJulio that the benefit provided regarding storm water improvements is the extension of catch basins and the sizing of lots to handle storm water retention. DiJulio stated that there has been no evidence that the properties have not been treated fairly and similarly situated throughout the LID, and reiterated that deferral of payments is possible. He urged the Council to confirm the assessment roll as presented. There was no further testimony and Ranniger moved to close the public hearing. Harmon seconded and the motion carried. Ranniger moved to adjourn to Executive Session. Harmon seconded and the motion carried. The meeting was recessed to Executive Session at 9:38 p.m. and the Council went into the Council Office. At 10:09 p.m., the meeting reconvened and Ranniger moved to approve and con- firm the final assessment roll on Local Improvement District No. 359 concerning street and storm water improvements, sewer improvements, and water improve- ments, with the following adjustments: Parcel No. 8 to $40,708 and Parcel No. 18 to $8,000, and to authorize the City Attorney to prepare the necessary ordinance and findings. Harmon seconded. Clark opined that C-curbing seriously impacted passage into Parcel No. 18 and that it could not have occurred were the state not looking at the improved capacity that occurred on 1161h, bringing considerable inconvenience to the property owner. Raplee stated that in regard to Parcel No. 8, three lots would require easement from an adjoining property owner and it is speculative whether or not that ease- ment would be granted, but it is clear that two lots could be provided on the property, so the assessment was lowered based on two lots. The motion to confirm the final assessment roll as amended then carried. B. Six-Year Transportation Improvement Program. (CFN-164) The 2009 Six-Year Transportation Improvement Program contains no substantive changes from last year's Program. All projects have been reviewed for adjustments in scope and budget, but no new projects have been added. Cathy Mooney, Senior Transportation Planner, noted that due to inflation and minor modifications to scope of work, the cost of this year's program is $21,066,600 higher than last year's. She explained that declaring projects on the list allows them to be eligible for grants. She noted that three projects on last year's list have been completed, and one project was dropped, and displayed a map of the projects. Mayor Cooke opened the public hearing. There were no comments from the audience and Clark moved to close the public hearing. Harmon seconded and the motion carried. Ranniger moved to adopt Resolution No. 1797 which adopts the City's 2009-2014 Six-Year Transportation Improvement Program. Raplee seconded and the motion carried. Ranniger moved to make a letter on this subject dated November 16, 2008, from Jack Nixon part of the record. Raplee seconded and the motion carried. 5 Kent City Council Minutes November 18, 2008 C. Skyline Park Apartments Sewer Easement Surplus and Release. (CFN-1038) This date has been set to consider the surplus of a portion of a sanitary sewer easement for the Skyline Park Apartment property, and to release the easement for fair market value and appraisal costs, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The Public Works Department determined which portion of the easement are not needed by the City, and the proposal is to release all unneeded portions at this time. These portions include the property owner's proposed building site. The City will retain a sufficient easement for the existing and proposed sewer mains and pump station. Engineering Design Manager Mark Howlett explained the project and urged the Council to release the easement. City Attorney Brubaker clarified that State law requires a public hearing prior to the sale of utility property. Mayor Cooke opened the public hearing. There were no comments from the audience, and Clark moved to close the public hearing. Harmon seconded and the motion carried. Ranniger moved to adopt Resolution No. 1798 to surplus a portion of the sanitary sewer easement within the Skyline Park Apartment property. Harmon seconded and the motion carried. CONSENT CALENDAR Raplee moved to approve Consent Calendar Items A through P, with the exception of Item D which was removed from the Consent Calendar. Harmon seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of November 4, 2008, were approved. B. Approval of Bills. (CFN-104) There were no figures for approval. C. Lodging Tax Advisory Committee Appointment. (CFN-1170) The appoint- ment of Aaron Watne to the Lodging Tax Advisory Committee was confirmed. His term will expire on December 31, 2009. E. 2008 Annual Docket Report. (CFN-961) The 2008 Annual Docket Report which lists this year's suggestions for changes to the comprehensive plan text, to the area-wide comprehensive plan land use map, and to certain land use develop- ment regulations according to Chapter 12.02 Kent City Code was approved. F. Highridge Terrace Final Plat. (CFN-1272) The final plat mylar for Highridge Terrace was accepted and the Mayor was authorized to sign the mylar. The property is located at 26610 116th Avenue SE. G. Street Sweeping Change Order. (CFN-136) The Mayor was authorized to sign Change Order No. 1, increasing the current contract with McDonough & Sons, Inc., for additional curb footage in the amount of an additional $183.24 per month, subject to the terms and conditions acceptable to the City Attorney and the Public Works Director. 6 Kent City Council Minutes November 18, 2008 H. Residential Parking Zone, North Park Neighborhood Ordinance. (CFN-171) Ordinance No. 3894 recognizing North Park Neighborhood as a Residential Parking Zone, was adopted. The Final Supplemental Environmental Impact Statement issued for the Kent Events Center project provided that as part of its development approval, the City must create a Residential Parking Zone (RPZ) within the North Park Neighborhood. Through its administration of an RPZ program, the City will be able to regulate parking within the neighborhood ensuring that surface street parking is reserved for neighborhood residents. I. Bill of Sale, Benchmark (Heritage Lakeland). (CFN-484) The Bill of Sale for Benchmark for 2031 linear feet of watermain, 15 gate valves, 5 hydrants, 2999 linear feet of sanitary sewer, 20 sanitary sewer manholes, 2026 centerline linear feet of streets, 3106 linear feet of storm sewer line, 1 manhole, 32 catch basins, and 92,000 cubic feet of detention pond storage was accepted. The project is located at 10624 SE 272nd Street. J. Bill of Sale, Chateau Meridian. (CFN-484) The Bill of Sale for the Chateau Meridian subdivision for 1290 centerline linear feet of streets, 1290 linear feet of storm sewer line, 20 manholes, 19 catch basins, 450 linear feet of swales/ditches, 34,184 cubic feet of detention pond storage was accepted. The project is located at 262nd Street and 132nd Avenue. K. Bill of Sale, Medallion of Kent. (CFN-484) The Bill of Sale for the Medallion of Kent subdivision for 440 linear feet of watermain, 4 gate valves, 3 hydrants, 1274 linear feet of sanitary sewer, 8 sanitary sewer manholes, 521 centerline linear feet of streets, 1140 linear feet of storm sewer line, 2 manholes, 15 catch basins, and 47,360 cubic feet of detention pond storage was accepted. The project is located at 26615 - 106th Avenue SE. L. Bill of Sale, Watertree Place. (CFN-484) The Bill of Sale for the Watertree Place Subdivision for 1360 linear feet of watermain, 9 gate valves, 4 hydrants, and 1087 linear feet of sanitary sewer, 6 sanitary sewer manholes was accepted. The project is located at 23708 - 64th Avenue South. M. Human Services Commission Appointments. (CFN-873) The Mayor's re- appointment of Roda Barket and new appointment of David Ott to Kent's Human Services Commission was confirmed. Ms. Barket's term will expire on January 1, 2010. Mr. Ott's term will expire January 1, 2012. N. Public Facilities District Board Reappointment. (CFN-1305) The Mayor's appointment of Greg Haffner to the Kent Events Center Public Facilities District for an additional four-year term was confirmed and all acts consistent with this motion were ratified. 7 Kent City Council Minutes November 18, 2008 O. Security Systems Update. (CFN-120) The security card access system and software update at the Fire/Police Training Building and Fire Station 74 was accepted as complete. The project was approved by the Project Manager on November 6, 2008. P. Council Absence. (CFN-198) An excused absence from tonight's meeting for Elizabeth Albertson was approved. OTHER BUSINESS A. Kent Events Center Naming Rights Agreement. (CFN-1305) Economic Development Director Wolters explained the proposed naming rights agreement between the City of Kent and Vision One, Inc., who provides a ticketing service product called ShoWare. The ShoWare system will be used to manage ticket sales for the Center and the Seattle Thunderbirds through a separate five-year plus five- year renewal contract between SMG, the Center operator, and Vision One. In return, Vision One, Inc., agrees to pay the City $3,175,000 over 10.5 years through equal quarterly installments of $75,000. Wolters explained the process by which the agreement was reached, outlined the terms and conditions of the agree- ment, explained Vision One's background and experience, and described the ShoWare system. He stated that the name of the Center would be the ShoWare Center at Kent. He noted they have requested a performance standard on the part of the facility, in that the Center would sell at least 230,000 tickets per year in the first five years and 200,000 tickets per year in the five years after that. He said the purpose of this performance standard is to ensure that the building achieves a performance that will serve as a good reference for Vision One and the ShoWare product in their marketing efforts. Councilmember Clark left the meeting at this point, 10:40 p.m. Wolters noted for Harmon that he expects to achieve at least 250,000 tickets the first year, and Tim Higgins, General Manager of the Events Center, agreed. Wolters added that the agreement will allow the city to make up the difference if there is a year with a deficit. Raplee moved to authorize the Mayor to sign the Kent Events Center Naming Rights Agreement with Vision One, subject to final terms and conditions acceptable to the City Attorney and the Economic Development Director, and ratify all acts consistent with the terms of the Agreement and this motion. Thomas seconded and the motion carried. (REMOVED FROM THE CONSENT CALENDAR) B. Cottage Housing Demonstration Ordinance. (CFN-131) The proposed ordinance would authorize an application process for development of up to two (2) cottage housing projects that demonstrate a housing choice not currently available in Kent's single family neighborhoods. Erin George of Planning Services explained the changes proposed after concerns were brought up by the Council, regarding the ability to include storm water vaults in the development, reducing the allowable density bonus, and requiring a community meeting. There was discussion about 8 Kent City Council Minutes November 18, 2008 increasing the maximum square footage on carriage housing from 800 sq. ft. to 968 sq. ft. Raplee voiced concern that everyone on the Cottage Housing Committee is a City employee, and suggested having two additional members outside the City for transparency reasons. Harmon agreed with Raplee and said he would like two more people to be appointed to the committee by the Planning and Economic Development Committee Chair. Danielson concurred. Raplee moved to adopt Ordinance No. 3895 authorizing an application process for development of up to two (2) cottage housing projects that demonstrate a housing choice not currently available in Kent's single family neighborhoods, with two amendments: that carriage units not exceed 968 sq. ft. rather than 800 sq. ft., and that the Planning and Economic Development Committee Chair appoint two Kent citizens to the Cottage Housing Committee. Upon a roll call vote, the motion carried 4-0, with Albertson excused from the meeting, Clark having left the meeting, and Ranniger out of the room at the time of the vote. REPORTS A. Council President. (CFN-198) Raplee noted that a third Town Hall Meeting will be held early in 2009. B. Mayor. (CFN-198) The Mayor noted that she recently signed a proclamation in support of buying and celebrating locally and encouraged citizens to help Kent businesses. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) No report was given. E. Planning and Economic Development Committee. (CFN-198) No report was given. F. Public Safety Committee. (CFN-198) No report was given. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) Hodgson noted that there will be only one Council meeting in December and that it will be held on December 9th. He added that the Council Operations Committee will meet on December 2nd. He announced an Executive Session consisting of union negotiations and three items of property negotiations, and said it should take approximately fifteen minutes with no action afterward. CONTINUED COMMUNICATIONS A. Red Light Cameras. (CFN-122) Hodgson relayed a message from Kirt Butler, who was going to speak about red light cameras but has left the meeting. He said Butler has spoken with Chief Strachan and will be providing the Chief an email supporting red light cameras. 9 Kent City Council Minutes November 18, 2008 EXECUTIVE SESSION The meeting recessed to Executive Session at 11:05 p.m. and reconvened at 11:22 p.m. (CFN-198) ADJOURNMENT The meeting adjourned at 11:22 p.m. (CFN-198) &Bren�dalacober, CM City Clerk 10