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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/11/2013 K N1' Kent City Council Meeting February 11, 2013 The special meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Perry, Ralph, and Thomas. Councilmember Ranniger was excused from the meeting. Mayor Cooke introduced the special meeting and discussed the agenda. She noted that the WRIA-9 representative was being allowed to speak for a maximum of 10 minutes during the public comment period. Council President Higgins moved to excuse Councilmember Ranniger, seconded by Councilmember Perry and carried 6-0. Councilmember Ranniger was excused. OTHER BUSINESS A. Discussion and adoption of a resolution concerning the Briscoe Desimone Levee. Tim LaPorte, Public Works Director discussed the levee, the background, and the specifics of the area. He presented a video of the area showing the affected areas. Councilmember Thomas inquired if the site in the curb, referring to the map, was in the Tukwila city limits and Mr. LaPorte confirmed it was. Mr. LaPorte continued and explained the discussions with King County Flood District staff and why had a separate analysis done by another consultant. He explained the sheet pile wall, vegetation issues and other issues related to the study. Councilmember Perry inquired what could and couldn't be planted on the site. Mr.LaPorte responded by explaining the national criteria and that FEMA administers the standards and has looked at the map revisions and said the plantings are fine. Mr. LaPorte discussed King County's proposal and setbacks. He discussed the failure of the four levee reaches and that there are seven to eight feet higher than the surrounding areas. Mayor Cooke asked Mr. LaPorte to identify the streets on the map for the audience. Mr. LaPorte displayed the video of Robert B. Gilbert, Ph.D., P.E., DGE who gave a third party review of the levee from 180th to 2001h Street. Mr. LaPorte gave an overview of what Dr. Gilbert communicated in his presentation. Mr. LaPorte also stated that Dr. Gilbert was completely satisfied with the safety and plan of the Kent approach. He then highlighted Dr. Gilbert's recommendations. 1 Kent City Council Minutes February 11, 2013 Councilmember Ralph asked for discussion on whether the sheet pile wall is a solution and Mr. LaPorte displayed how the pile walls are driven in and how they come out. He discussed how the pile walls come out and displayed slides of Riverview Park. Council President Higgins discussed Dr. Gilbert's presentation and that the County proposal's would take two years to obtain permits from the dept of ecology and two years to acquire the properties. Mr. LaPorte estimated that it would take four years for each, totaling eight years. Councillmember Ralph inquired when the sheet pile walls would go in if this was approved. Mr. LaPorte replied that it could be done by the end of the summer. Mayor Cooke pointed out that it would be imperative to put it in prior to the beginning of flood season. Councilmember Boyce inquired why the meetings stopped with King County. Mr. LaPorte communicated that the County simply couldn't keep up and there was a difference of opinion. Councilmember Boyce confirmed that King County didn't have the staff to attend and other County projects to work on. He also confirmed that in December 2011 the City became aware that King County had executed an assessment on the properties, a surprise to the City. Mr. LaPorte noted that King County purchased one of the properties at the end of August for $5 million. Ben Wolters, Economic and Cultural Development communicated that his presentation addresses questions he received concerning this meeting. He presented the zoning of the area which is primarily M1, industrial with heavy commercial with heavy design standards. It is utilized to create heavily landscaped industrial parks. He noted that M2 is about the same, but with less landscaping requirements. M3 is for heavy industry, big factories. Mr. Wolters replied to Councilmember Ralph and stated that all the section she was discussing was 350,000 square feet and 350 jobs. Mayor Cooke noted that it would take up 450 jobs. Councilmember Albertson confirmed that even with the concerns there hasn't been any issues with vacancies. Mr. Wolters communicated that when Time magazine came out and the King County Executive said the area was in danger from the Howard Hansen Dam there were vacancies and the flood insurance rates skyrocketed. He added that since those issues were dealt with the market has rebounded and FEMA hasn't issued their flood map. Mayor Cooke introduced Kristine Lund, Executive Director of the King County Flood Control District. Ms. Lund explained the process and said this area has been problematic. She noted Dr. Gilbert's expertise and said he is highly qualified. She stated that the comments concerning his report were accurate and he communicated his results to King County, the City, and the Flood District and gave a report last Thursday. She said Dr. Gilbert made some modifications which would strengthen the wall and had concerns about the section by the West Valley Highway and design changes. She again noted that there are some changes and the King County Flood 2 Kent City Council Minutes February 11, 2013 Control District Board will meet to take action.Council President Higgins thanked Ms. Lund for her presentation. Mayor Cooke clarified that the section that needs adjustment is in the city of Tukwila and that staff has been working with them. Councilmember Albertson asked for discussion on how the City can participate in the regional plan of the river. Ms. Lund communicated that Dr. Gilbert suggested a comprehensive plan of the river and working with the stakeholders to build a consensus of the vision. She said that he called it a "systemwide approach" and The Army Corp of Engineers has a System Wide Improvement Framework (SWIF) process designed for levy vegetation. She reiterated that this process be morphed to a comprehensive plan. She added that the Army Corp of Engineers would execute and choose this plan. King County government has submitted letters to the Army Corp to have the application forwarded to Washington DC where they determine which communities would receive this pilot program. Councilmember Perry inquired about liability. She noted that the Flood District has immunity, so does the Federal government. PUBLIC COMMENT 1. Doug Osterman, Executive Director of WRIA-9, discussed the organization and that he has been working for them for 15 years. He communicated that the watershed combines local jurisdictions and is 650 square miles. He stated that there are very specific projects based on a body of science which explain why the projects are needed for the recovery of salmon. He stated that the Federal Government executed the WRIA-9 plan and it is a federally executed document. He stated that there is a legal mandate. He highlighted the executive summary of the WRIA Plan and the six- year progress report. He noted that $101 million of grant funded projects have been implemented over those six years. He said the WRIA-9 Plan is the only WRIA plan that has won an award from the Puget Sound Regional Council. He noted that the Kent plan should be reexamined by WRIA Fisheries. Council President Higgins asked Mr. Osterman about the fish habitat and projects to enhance the salmon. Mr. Osterman gave a review concerning rivers and fish recovery. Councilmember Ralph thanked Mr. Osterman for pointing out that the city of Kent has a strong history of salmon restoration. He replied that they are working on an adaptive management monitoring program and data needs to be collected once the feedback is received from "NOAH." Councilmember Boyce appreciated the input from Mr. Osterman and asked if the plan that Kent has for a short term fix would solve the problem and if the King County plan can be implemented later. He replied that he didn't think the vegetation could be realized and grass or sod couldn't be implemented as required based on the plan. 2. Andrea Kikala, Executive Director of the Kent Chamber of Commerce and felt that the immediate construction of the levee begin based on the Kent plan. She noted 3 Kent City Council Minutes February 11, 2013 that the Chamber urged Council to move forward to build flood walls on the Briscoe- Desimone Levy. 3. Jim Barrios, Kent, President of the Kent Chamber of Commerce and expressed concerns about the levee. He discussed the risk of not doing anything and stated that there could be a flood at anytime. He noted that the King County plan could take four more years and the $17 million should address the flooding issues now. He noted that if Kent loses these businesses due to flooding Kent will lose more revenue. He stated that only 1% of the WRIA-9 projects have been executed. 4. Amber Straten, CBRE, communicated that they urge the City to move forward with the Kent plan. 5. Molly Lawrence, Law firm and PROSPER, stated that this is a huge issue for all businesses in the valley and wants to ensure the Kent Plan is passed by the City. She noted that levee accreditation is what FEMA does and levee certification is what the Army Corp does. 6. Greg Larkin, Larkin Precision, stated he is in the area that may be demolished. He stated that if it is, he wouldn't relocate in Kent. He added that if he is forced to leave he would leave the Kent Valley. 7. Leisha Wig, IDS Real Estate Group, stated that they closed on 70 acres in Kent and the biggest hurdle was the levee reaccreditation issue. She said without progress it would be impossible for them to move forward. Council President Higgins moved to adopt Resolution Number 1870 in support of the decision of the King County Flood Control District Executive Committee which recommends to the full Board of Supervisors adoption of the city of Kent's approach as the preferred alternative to the repair of the Briscoe-Desimone Levee, seconded by Councilmember Thomas. Council President Higgins highlighted Kent's history with the levees and what the City has done in the past. He stated the problem is urgent and urged the Councilmembers to support the resolution. Councilmember Ralph said she is frustrated with the comments that the Council hasn't looked at the plan. She noted that this plan has gone to committee and Council several times and this plan protects the environment and its businesses. She said this plan doesn't preclude the City from moving towards a bigger plan if $250 million becomes available. She said this protects the salmon habitat, businesses, and the City. She supported the resolution. Councilmember Perry noted that she never said the City hasn't seen the plan. She said that tonight both sides of the table have been presentedand is encouraged by what she has seen today and there is an eminent need. After consideration, she felt a short term plan does need to be enacted with movement towards a long term solution. 4 Kent City Council Minutes February 11, 2013 Councilmember Boyce supported the resolution and said he felt comfortable last Tuesday with the amount of information presented. He knew there was an immenint need and viewed the area. He said he is very clear that this needs to be addressed immediately. Councilmember Albertson thanked Julia Patterson for providing the funding and a third party review. She said she has great faith with all the public works staff and she felt the Council needed to vet all sides of the issue. She noted that based on the comments of Councilmember Boyce, Higgins, and Perry, she would support this plan after adding language concerning a longer plan and support of the SWIF plan. Councilmember Albertson moved to remove the terms "over four times" and "approximately $71 million," seconded by Councilmember Perry. Motion failed 2-4. Councilmember Albertson,and Perry voted in the affirmative. Councilmember Albertson moved to add the words"with technical recommendations from Dr. Robert B. Gilbert, is" and strike the word "was" from Section G, seconded by Council President Higgins. Motion carried 6-0. Councilmember Albertson moved to add "Section 3. The Kent City Council is interested in providing at least one Councilmember in the Regional Systemwide Improvement Framework (SWIF) process to ensure meaningful representation on behalf of Kent's broad economic development and safety interests," seconded by Councilmember Perry. Motion carried 6-0. Councilmember Albertson moved to add "Section 4. The Kent City Council desires to work with the Flood Control District Board of Supervisors and the City estimates the cost to remove the sheet pile walls at a later time to be one million dollars should the opportunity to provide 500 year flood protection to the residents and businesses in the Green River Valley arise the city of Kent desires to cooperate fully with the Flood Control District," seconded by Councilmember Perry. There was discussion by Councilmembers about the wording of this amendment to the resolution. Councilmember Thomas moved to end debate, seconded by Council President Higgins. Motion carried 5-1. Councilmember Albertson dissents. The motion as presented by Councilmember Albertson was read by the City Clerk and the motion failed 1-5. Councilmember Perry moved to add "Section 4. The Kent City Council desires to work with the King County Flood Control District on a long-term flood control plan that may include the removal of the setback flood wall at a later date as long as the future plan maintains accreditation," seconded by Councilmember Albertson. Motion carried 6-0. 5 Kent City Council Minutes February 11, 2013 A vote was taken on the main motion on the table to adopt Resolution Number 1870 in support of the decision of the King County Flood Control District's Executive Committee which recommends to the full Board of Supervisors adoption of the city of Kent's approach as the preferred alternative to the repair of the Briscoe-Desimone Levee. Motion carried 6-0. ADJOURNMENT At 10:35 p.m., Mayor Cooke declared the special meeting adjourned. J rt F' l Ronald F. oore, Nl(1C City Clerk 6 PUBLIC COMMENT 'K SIGN UP SHEET ENT •ens»i.c: r rr/ For the Kent City Council Meeting of: NAME Street Address Email A dress Topic 1234 Maiim Street SE Comprehensive Ex Jane Doe Kent, WA 98032 )doe@hotmaiLcom plan ; 1 05{eV fV►etVI ZAI 5 ��1�1/A�� lv � Ga�ac(s,,c7sEerwt�w�� �%/A l�,� ``!! c.uu i2 u vJ oV4,-j Q e uv6- 9 1.0 $ �5 11 12 13 1.4 15 16 1.7 18 19 20 Members of the public are invited to speak under "Public Comment', Agenda Item #6. Please sign above and when asked by the Mayor, come to the podium. Please limit your comments to three (3) minutes.