HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/05/2013 KENT Kent City Council Meeting
WASHIN GTON
March 5, 2013
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke.
Councilmembers present: Council President Higgins, Councilmembers Boyce, Perry,
Ralph, and Ranniger. Councilmember Albertson was excused from the meeting.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. Council President Higgins proposed an
excused absence for Councilmember Albertson be added under Consent Calendar
Item J. City Administrator Hodgson removed Consent Calendar Item D due to the fact
that it needs to go through the public comment period of 30 days. He also added that
there would be no Legislative Report.
B. From the Public. No changes were made by the public.
PUBLIC COMMUNICATIONS
A. Public Recognition. Councilmember Ralph publicly recognized the Parks
Department for You, Me, We. She stated that it was a success. Additionally, she
stated that the Arts Day was also a success. Councilmember Thomas thanked Tim and
the Public Works crew for repairing a stop sign that was destroyed in a timely
manner.
B. Community Events, None.
C. Intergovernmental Report. Council President Higgins discussed the Regional
Policy Committee and their last two meetings were postponed. He noted that the
Regional Transit Committee met on February 20th and the next meeting is March 201n
He also discussed the Mental Illness and Drug Dependency Oversight Board meeting.
Councilmember Ralph discussed the Regional Law and Safety Committee where they
discussed the 911 call centers. She stated that they are awaiting the third party
report.
Councilmember Perry noted that her committee meetings were tomorrow. She stated
that the Sound Cities Association will be working on a Women's Leadership Group and
will report back.
Council President Higgins stated that he has been chosen as the Vice Chair of the
Regional Transit Committee.
PUBLIC HEARING
A. Local Improvement District 364 — SE 2561h Street Road Improvements,
Kent Kangley Road to 116th Avenue SE.
At 7:11 p.m, Mayor Cooke opened the public hearing.
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Kent City Council Minutes March 5, 2013
Mayor Cooke explained the procedures concerning the public hearing.
City Attorney Tom Brubaker highlighted the local improvement district (LID) process
and what would be done if the ordinance is adopted by the Council.
Mayor Cooke introduced Tim LaPorte, Public Works Director, highlighted the specifics
of LID 364 and displayed a map of the concerned area. He noted the specifics of the
properties that would be included in the LID. Mr. LaPorte noted that the City staff
responded to a Councilmember inquiry concerning how the boundaries were
established and stated that it was based on the actual property boundaries.
Mark Howlett, Design Engineer Manager, gave an overview of the history of this
specific LID and explained why the project has been in consideration for 20 years. He
discussed the present conditions of the area and displayed how it would look after
construction. He displayed the cost and funding options for the project.
Chad Bieren, City Engineer, described the scheduling and the Transportation
Improvement Board (TIB) grant option. He displayed the grant sources that the City
has pursued to fund this project. He pointed out that a construction agreement must
be executed by July 1 or the funding from the TIB grant will be taken from the City.
He discussed the public meetings that have taken place, the timeline, and that many
questions have been responded to concerning this LID. He communicated that based
on a $3,000 assessment on a single family home would pay approximately $200 per
year plus interest.
Mayor Cooke communicated that the values of the assessment will be given at a later
date. She highlighted the rules of the public comment portion of the public hearing.
SPEAKERS
A. Richard Laboyne, 25403 104th Avenue SE, noted that the school busses will be
impacted. He added that there are 250 students that use the busses and 117 who
walk the path on a given school day. He stated that the school district sees the value
of the LID. He thanked the Council for speaking and is providing this information as
an employee of the Kent School District.
B. Cabia Bato-Agiuluz, 10940 SE 256th Street, communicated that she understands
that improvements need to be made and is opposed to the formation of the LID
because the concentration of students and businesses. She felt the levy on the
residents is unfair. She said she pays her taxes and the Council should find other
resources. She felt it is not fair to demand that she pay for improvements on the
street.
C. Donna Hsu, 11121 SE 271st Street, stated that she is the president of the Kent
Meridian Parent Teacher Student Associations Board. She noted that she was
surprised that the area doesn't look like the rest of Kent. She noted that there are
classes that start early in the morning and students are walking early in the morning
without lights on the street. She added that there are afterschool activities and
students walking home at night when it isn't well lit. She is concerned about having
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Kent City Council Minutes March 5, 2013
students walk home on that road and is in favor of the LID and is speaking for the
PTSA.
D. Susan Draine, 25441 114th Avenue SE, noted that the neighborhood group has
stated by over 60% by petition that they are opposed to this LID. She noted that this
will open a thoroughfare in the neighborhood. She stated that the property values
have lowered because of the numerous apartments in the area.
E. Mary Cross, 16003 SE 258th Street, Covington, stated she owns a property within
the boundary of the LID. She stated that there are 307 properties and quite a number
won't be assessed. She noted that 224 will be assessed. She communicated that the
amount of the assessment will be a lot to ask. She stated that she has communicated
with one couple where their combined income is $1,000 per month. She discussed the
numbers and to pay 4.5% on a loan isn't a bargain. She stated that the assessments
are too high. She stated that the same proposal was done in the past and there was a
66% opposed rating on this. She noted that there was a letter sent from the City that
the City dropped it. However, there is a new consideration and it still isn't wanted.
She stated that the cost needs to be shared.
F. Jeff Boessow, 10601 SE 252"d Street, stated he is opposed of the LID as a means
of funding the project. He stated that the reasons have been stated by Mary Cross.
G. Jack Etheridge, 25246 1111h Avenue SE, stated that the City staff has done a
wonderful job and agrees that the project is needed. He communicated where he lives
and said he sees the children and described a situation where a woman and a child
were almost struck. He stated that he wasn't sure if the improvements are going to
help. However, the area will be nicer and there will be more traffic. He stated the City
needs to find a better way to fund the street and is concerned about the increase of
traffic and how it will affect the neighborhood.
H. James Holm, 5804 218th Avenue East, Lake Tapps, is the executor of property in
the area. He is opposed to the LID and stated he is opposed because of the
assessments to the property owners. He noted that they shouldn't have to pay for the
improvement. He stated that units in the Kent Townhomes will have to be remodeled
and their bedrooms will be right next to the streets. He also added that there will be a
fee to run the road through his mother in laws home.
I. Darla Goodman, 25246 106th Avenue SE, representing the owner of the Hume
Investments. She stated that the company is opposed to the project and the type and
the cost. However, she agreed that it needs to be improved. She noted that most of
the areas are apartments and they have the ability to accommodate an alternate
pickup point for the children. Additionally, they have frontage on Kent-Kangley road.
She added that one of the points that have been made was to improve the flow of
traffic and felt that can't be done because there is a bottleneck at 104th. Improving
this won't improve the road; just add more traffic to it. She wondered why the City
didn't consider a more economic project.
J. Mark Bennett, 11418 SE 254th Place, opposed the project. He noted that one of the
children in the photos displayed is his daughter. He felt the City has the resources and
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Kent City Council Minutes March 5, 2013
there is no reason why this short stretch of road should be neglected and charged to
the residents in the immediate area.
K. April Rose Nguyen, 9712 S 237th Place, stated she is in favor of the improvements.
She stated that she is the sophomore class president and noted that there are
students who have to walk home in the dark on gravel roads. She noted that the
students are not safe walking home on the road. She stated that there are
requirements in the high school for the students to dress up and it is uncomfortable to
walk in heels on a gravel road. She concluded that the road isn't safe for high school
students as well as elementary students.
L. Eduardo Torres, 10935 SE 253rd Place, Apartment 101, communicated that he is in
favor of the improvements. He said that he is concerned to walk on the road at night
and there are younger kids who walk on the road. He stated that there are two
elementary schools near that street and the street isn't safe. He added that there may
be traffic jams. However, if the road is improved now no one has to lose their life on
this road.
M. Margaret Becker, 11450 SE 2561h Street, stated she has lived there for 45 years
and gave testimony about the number of vehicles going by her house. She said it took
6 minutes for 100 vehicles (dump trucks, 18 wheelers, cars, fuel trucks, etc). She
stated that there are other entities that use the street, not a neighborhood street. She
wondered if some of the other entities would be charged to use the road. She stated
that as a private homeowner her assessment would be over $4,000. She added that
the City is taking a part of her property which would cause the traffic to be closer to
her house. She felt her taxes would go up and be charged to use the underground
utilities. These things need to be taken into consideration she said.
N. Forrest Ringdahl, 25405 115th Avenue SE, Kent, discussed the speeds on 254th and
how fast people are driving in the area. He noted that drivers are cutting through and
making U-turns when they hit the dead end. He stated that home values will go down
because of the traffic. Improvements should be made in the local neighborhoods. He
stated this is a troubling issue and the values will diminish. He displayed copies of
petitions opposing the project.
O. Mary Cross, communicated that on Monday she left a packet with the City Clerk
and the petitions. She stated that they represent the $1.5 million of the $2.0 million
for the project and that is how strong the opposition for the LID is.
P. Forrest Ringdahl, inquired about the TIB and asked what triggers the release of
project funds to the City. He also inquired about the timeline concerning the award of
the project by July 1, 2013.
Q. Eric Becker, 11450 SE 2561h, inquired why the City was still considering this when
there is a petition with 66% opposition.
Council President Higgins moved to close the public hearing, seconded by
Councilmember Thomas. Motion carried 7-0.
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Kent City Council Minutes March 5, 2013
Mayor Cooke noted that the public hearing was closed.
Tim LaPorte responded to the questions from the public. He noted that the project
funds are released when an agreement is executed. He stated that the route is
identified as a bike route and it is a parameter in the grant acceptance. He discussed
the traffic issue brought forth by the public speakers and stated that to encourage
speeds to remain low, the City would implement plantings which would serve as traffic
calming. He added that the City has modeled traffic on the site and the three lane
solution would be best for the area. He stated that the City has reviewed accident
data. He communicated the volume of the traffic and said this isn't intended to be a
high traffic roadway when it is completed.
Chad Bieren noted that the LID boundary changed from 2009 but the original
assessments and the recent assessments total amount did not change. He also noted
that additional right-of-ways were required and were completed. He stated this will be
built with existing city right of way.
Councilmember Ranniger inquired if the TIB required a matching amount from the
City. Mr. LaPorte replied that it was conditional on a match and the source of the
match isn't required. She further inquired if the grant won't be issued if the City can't
come up with the funds. Mr. LaPorte replied that since the City is essentially out of
time, the City won't have any other match source to do the project. Councilmember
Ranniger confirmed with Mr. LaPorte that the City wouldn't get the grant if it isn't
executed by July 1. She also inquired about reducing the number of improvements
and Mr. LaPorte stated that following Council direction about the need to slow the
traffic down that's why the landscaping is included, the sidewalk and bike lane were
included as part of the grant. Mr. LaPorte noted the only option is the two way left
turn lane, but it is needed for the safety of the side streets. He stated that the City
staff can't recommend a project without these improvements. He noted that the only
cost savings would be to move ahead and there might be a reduction based on a
vibrant bidding environment. He added that the cost of the project in 2009 was $3
million.
Council President Higgins communicated and confirmed with Mr. LaPorte that the
2009 proposal wasn't moved forward because of recession and between that time the
City staff actively and aggressively attempted to find ways to obtain grants to fund
this project. He also confirmed with Mr. LaPorte that there hasn't been any road
improvement project in the City that hasn't been built by an LID.
Councilmember Thomas noted that if the City goes beyond 3uly 1 the residents will be
faced with being assessed a higher amount to do this project. He also confirmed that
if the funds aren't received by the City there won't be a way in the future for the City
to obtain grants for this and it will affect the City's standing in the future to obtain
grant funding. Councilmember Thomas discussed previous projects in the City that
were funded by LIDS.
Councilmember Perry inquired about mitigation agreements and Mr. LaPorte
highlighted the LIDs that had them. He noted that the last LID, LID 363 has one. She
communicated that the project wouldn't be done until 2015 and inquired if the funds
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Kent City Council Minutes March 5, 2013
needed to be available now and Mr. LaPorte communicated that the TIB has put the
City on the contingency list and wants a full funding package. She also asked about
the street overlay fund and Mr. Hodgson communicated that the City is already $1
million dollars behind in meeting the funds for this project. He added that this project
is not on the B&O list.
Councilmember Perry asked if City Attorney Brubaker could respond to the 66%
petition. He communicated that the decision to form the LID is a policy action by the
Council and it is a different part of the process than the assessment roll. This is a part
of the public comment and if it is formed under State Law, property owners, can file
written protests to protest the formation after it has been formed. They would have
30 days to file them and if it is more than 60% of the assessment roll, the ordinance
is repealed and the formation is unwound and undone. He noted that the letters are
included for the Council to consider.
Councilmember Thomas inquired if there is a form that citizens can have to ensure
their petitions are valid. City Attorney Brubaker communicated that State Law is
ambiguous and the State forms don't apply. The City is going to take in the protests
that have been issued 30 days after the issuance. The City will confirm the address on
the documents with King County and if the total is 60% the LID is divested.
Mayor Cooke confirmed that the letters already received wouldn't be included in the
petition.
City Attorney Brubaker confirmed that the documents received prior to the execution
of the ordinance wouldn't be included in the petition.
Forrest Ringdahl reiterated the LID and the process.
Mr. Brubaker reiterated that if the City executes the ordinance and forms the LID. The
protest period will be for 30 days and the signatures will be confirmed with King
County.
Council President Higgins moved to adopt Ordinance No. 4075, authorizing
the formation of Local Improvement District No. 364, SE 256th Street Road
Improvements, Kent Kangley Road to 1161h Avenue SE, seconded by
Councilmember Thomas.
Council President Higgins stated that this is one of the hardest things a council-
member has to do. He stated that he appreciated everyone who has come to the
meeting. He questioned what is fair to the entire City and stated that an LID is how
these projects get funded. He stated that every road project over the last 50 years
has been funded by an LID and it would be unfair not to move forward to the rest of
the City. He noted that there have been past LIDS in other areas who have had to pay
their fair share of their own LID and to say no this time would be unfair to the other
residents. He added that property values do go up after LIDs and the City staff has
tried to secure other funding sources and hasn't. He communicated that he is
attempting to be fair to the entire City. He urged the Council to support the LID.
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Kent City Council Minutes March 5, 2013
Councilmember Boyce thanked the residents for attending the meeting. He concurred
with Council President Higgins's comments. He said he travels that road daily and it is
a safety hazard. He said he has watched the children walk up and down that road and
it needs to be addressed. He said the power is in the people so if the people can
divert the ordinance through obtaining the signatures. He supported the ordinance.
Councilmember Ranniger thanked the residents for speaking. She stated that the
comments made her question how the City is funding projects. She confirmed that the
City has funded the road improvements through LIDs and that many of the property
owners are on limited incomes. She noted that there is validity in the comments that
there are 1,000 vehicles moving through the neighborhood and understands why the
residents say there is questionable benefit. She highlighted her inquiry about
obtaining other funding sources. Additionally, she stated that the City would be losing
$2 million in funding. She felt moving forward doesn't make sense and felt the
funding should come from elsewhere.
Councilmember Ralph stated that she is supporting the formation of this LID. She
stated that the fact that funding sources aren't available is her concern. She
highlighted the children and students and said that is a problem when children aren't
safe getting to school. She noted the different funding considerations and how the
City has pursued them. She added that 71% is coming from grants and 29% comes
from the City. She added that most of the road improvements were done through
LIDs and those in the past were adopted.
Councilmember Perry stated that she felt there is enough protest to stop this. She
reviewed the past and recollected that there was a council consensus that LIDs
weren't equitable. She communicated that she thought there was an idea from the
Council to consider how to "charge" these improvements to the entire City. She
discussed mitigation improvements and discussed how they worked in the past with
all of the affected residents signing an agreement stating that they would pay for the
improvements. She noted that the City just recently passed a B&O tax and there was
a list created on what the tax was spent on. If the best use of funds is to use the
funds on 2561h, then it needs to be done. She said the LID isn't equitable and the City
needs to look for future ways to fund these improvements so that the entire City can
pay for improvements. She said she is opposed to the motion.
A vote was taken on the motion on the table to adopt Ordinance No. 4075,
authorizing the formation of Local Improvement District No. 364, SE 256th
Street Road Improvements, Kent Kangley Road to 1161h Avenue SE. Motion
carried 4-2. Councilmembers Ranniger and Perry opposed.
CONSENT CALENDAR
Council President Higgins moved to remove Item D from the consent
calendar, seconded by Councilmember Boyce. Motion carried 6-0.
Council President Higgins moved to approve the revised Consent Calendar
Items A through I, as amended. Councilmember Boyce seconded. Motion
carried 6-0 and the following items were approved:
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Kent City Council Minutes March 5, 2013
A. Minutes of the workshop and regular Council meeting of February 19, 2013, and
special Council meeting of February 11, 2013.
B. There were no bills to approve.
C. 2013 City Art Plan and Five Year City Art Plan. The 2013 City Art Plan and
Five Year Plan for 2013-2017 was approved.
E. Fee-in-Lieu Funds. The $129,684.17 in fee-in-lieu funds were accepted and the
expenditure of funds in Capital Project budgets was authorized.
F. King County Youth Sports Facility Grant Agreement for Green Tree Park.
The grant from the King County Youth Sports Facilities Program in the amount of
$60,000 was accepted, the Mayor was authorized to sign all necessary documents and
the expenditure of the funds was approved, subject to final terms and conditions
acceptable to the Parks and Human Services Director and the City Attorney.
G. 2013-2014 Forterra Contract for Green Kent Partnership. The Mayor was
authorized to sign the contract with Forterra for continuation of the Green Kent
Partnership from March 2013 through February 2014, subject to final terms and
conditions acceptable to the City Attorney and the Parks and Human Services
Director.
H. Carpinito Watermain Extension, Bill of Sale. The Bill of Sale for the Carpinito
Watermain Extension project, permit 2110186 for 1 gate valve, 1 hydrant, and 565
linear feet of waterline was accepted.
I. Meridian Valley Creek Enhancements Project. The Meridian Valley Creek
Enhancements Project was accepted as complete and release of retainage to Terra
Dynamics, Inc. upon receipt of standard releases from the state and release of any
liens. The original contract amount was $260,828.95. The final contract amount was
$181,033.75.
ADDED ITEM
1. Excused Absence. An excused absence for Councilmember Elizabeth Albertson
who was unable to attend the March 5, 2013, meeting.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. Council President Higgins reported on the workshop and
discussed the gaming discussion and the council retreat on March 8-9.
B. Mayor. Mayor Cooke discussed the CDBG allocations and noted that she has been
involved in the SR 405/SR 167 Executive Advisory Group with debates on whether
HOV lanes would be three person occupancy and hot lanes. She discussed her
upcoming meetings. She discussed the Green River Levee vote and stated that it was
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Kent City Council Minutes March 5, 2013
a unanimous vote in support of the city of Kent Briscoe-Desimone plan. She
congratulated the City staff and the businesses.
C. Administration. Chief Administrative Officer Hodgson discussed the sale of utility
bonds and a $28,000 impact to the City. He said that the City has communicated to
the entities that there would be a 15% reduction in those programs and a reduction in
the minor home repair program. He noted that there would be no reduction in police
programs. He announced that there is an executive session tonight, which should take
30-40 minutes, to discuss labor negotiations and property acquisition, with no action
following.
D. Economic & Community Development Committee. No report was given.
E. Operations Committee. No report was given.
F. Parks and Human Services Committee. No report was given.
G. Public Safety Committee. No report was given.
H. Public Works Committee. No report was given.
I. Regional Fire Authority. No report was given.
RECESS
At 9:27, Mayor Cooke called for a five minute recess.
EXECUTIVE SESSION
At 9:32 p.m., Mayor Cooke called the regular meeting back to order and
announced that the Council would recess into an Executive Session for forty
minutes to discuss property acquisition and labor negotiations, per RCW
42.30.110(1)(b) and RCW 42.30.140 (4)(a), respectively.
At 10:12 p.m., Mayor Cooke extended the Executive Session for a period of
five minutes.
At 10:16 p.m., the Executive Session concluded and the regular meeting
reconvened.
ADJOURNMENT
The meeting adjourned at 10:17 p;Ronald
m.
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City CI
9
PUBLIC COMMENT
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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.
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