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HomeMy WebLinkAboutCity Council Meeting - Council - Regular Minutes - 03/02/2021 Approved Kent City Council • City Council Regular Meeting KENT Minutes WAS M IN G 7 0 N March 2, 2021 Date: March 2, 2021 Time: 7:04 p.m. Place: THIS IS A REMOTE MEETING 1. CALL TO ORDER 2. ROLL CALL Attendee Name Title Status Arrived Dana Ralph Mayor Present Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Les Thomas Councilmember Present Zandria Michaud Councilmember Present 3. AGENDA APPROVAL No changes to the agenda. Council President Troutner moved to approve the agenda as presented, seconded by Councilmember Thomas. Motion carried 7-0. A. Move to approve the agenda as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition L Employee of the Month Mayor Ralph recognized Janene Johnstone as March employee of the month. B. Community Events Mayor Ralph recognized March as Women's History Month and noted that the City of Kent will be celebrating women throughout the month on the various social media channels. Kent City Council City Council Regular Meeting March 2, 2021 Minutes Kent, Washington Council President Troutner indicated that on March 6th at Hogan Park they will be holding the Residential Recycling Event. Councilmember Kaur noted that Living Well Kent has begun vaccinating immigrant and refugee communities in the City. Mayor Ralph also reminded everyone to look at the Kent Arts webpage and Facebook page for upcoming streaming concerts and events. S. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph recognized Living Well Kent and the Youth Policy Council's Black History Event from last week. Mayor Ralph serves as the Vice Chair on the Flood Control Advisory Board and noted they are currently working on becoming more involved in their planning processes which is very important to the City of Kent. Mayor Ralph also serves as the Vice Chair of the South King County Housing and Homelessness Partnership. She indicated that at the last meeting they met with a consultant to build structure of upcoming capital projects. A final report from the consultant should be available as early as May. Mayor Ralph also noted that things are running smoothly with King County Public Health and the vaccination clinic at accesso Showare Center. B. Chief Administrative Officer's Report Chief Administrative Officer, Derek Matheson provided an update on the implementation on directions from first day of Council retreat. He noted that the first priority is to update the resolution regarding Council rules and committee structure, the second priority is to update and strengthen the boards and commissions ordinances and bylaws, third is the direction on month-to-month tenancy and finally will be to update two of the City Council goals. Matheson indicated that the second portion of the Council retreat will be in May and will hopefully be in person. Matheson closed by congratulating Chad Bieren on being appointed the City of Kent's Public Works Director. C. Councilmember's Reports Council President Troutner provided a brief recap of the items presented at ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 11 Kent City Council City Council Regular Meeting March 2, 2021 Minutes Kent, Washington workshop this evening. Troutner serves on the Regional Law Safety and Justice Committee and at the last meeting there were presentations on substance use disorder treatment programs and how over doses continue to be a problem in King County. Additionally there was a presentation from the Cowlitz Indian Tribe Health and Human Services and how they help people dealing with substance abuse. Councilmember Kaur sits on the Growth Management Planning Council and at the last meeting there was an update from the Affordable Housing Committee on their legislative priorities. There was also a presentation on the Urban Growth Capacity Report and Countywide Planning Polices. Councilmember Thomas serves on the Puget Sound Regional Fire Authority and at that meeting they discussed fire benefit charges. Councilmember Fincher serves on the Mental Illness and Drug Dependency Council and their last meeting focused on the budget and adjusted budget. There were also two separate presentations regarding the criminal justice and legal system and how to keep people out of the justice system. Councilmember Fincher serves on the King Conservation District and discussed the search for a new director that is taking place. 6. PUBLIC HEARING None. 7. PUBLIC COMMENT Julie Seitz of Federal Way spoke in opposition of the cell tower project at Seattle Pet Cemetery and recognized humans that are buried in this cemetery. David Detweiler spoke in opposition of the ordinance amending the Comprehensive Plan to change the land use designation for The Bridges property. Eydie Leighty from The Bridges Community spoke about her concerns regarding the Comprehensive Plan amendment and is opposed to it. Kym Hytre spoke about her concerns regarding the amendment to the Comprehensive Plan for The Bridges community. She requested that if they build in the area then it should be single family homes to limit the already congested area. Leslie Carr spoke in opposition of the amendment to the Comprehensive Plan for The Bridges area. She spoke about her concerns regarding safety in the ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 11 Kent City Council City Council Regular Meeting March 2, 2021 Minutes Kent, Washington area and asked that they not rush this ordinance. Deborah Stuart discussed the health issues surrounding cell phone towers and spoke in opposition of the tower located at Seattle Pet Cemetery. Jeff Watling spoke about his concerns regarding The Bridges Comprehensive Plan amendment and said it shows bad local governance and disjointed land use planning. Nancy Rodgers, a Land Use Attorney spoke on behalf of Oakpointe and noted that all criteria have been met for this Comprehensive Plan amendment and indicated that now is the time to make these changes. Brian Ross spoke on behalf of Oakpointe and indicated they have been working with both Auburn and Kent on these changes and is consistent with Auburn's desire for more townhomes. S. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud A. Approval of Minutes 1. February 5, 2021 Special Workshop (Annual Planning Session) 2. Council Workshop - Workshop Regular Meeting - Feb 16, 2021 5:00 PM 3. City Council Meeting - City Council Regular Meeting - Feb 16, 2021 7:00 PM 4. Committee of the Whole - Committee of the Whole - Regular Meeting - Feb 23, 2021 4:00 PM B. Payment of Bills - Authorize MOTION: Authorize the payment of bills received through 2/15/21 and paid on 2/15/21 and approve the checks issued for payroll 2/1/21-2/15/21 and paid on 2/19/21, all audited by the Committee of the Whole on February 23, 2021. C. Ordinance Amending the Comprehensive Plan and its Capital Facilities Element to Update Park Project List and 2021 Park Impact Fee Study - Adopt MOTION: Adopt Ordinance No. 4393, amending the Capital Facilities Element of the Kent Comprehensive Plan to incorporate an updated Park Project List and the 2021 Park Impact Fee Study D. 2021-2024 City Art Plan - Approve ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 4 of 11 Kent City Council City Council Regular Meeting March 2, 2021 Minutes Kent, Washington MOTION: Approve the 2021-2024 City Art Plan. E. King County Veterans, Seniors, and Human Services Levy Agreement - Authorize MOTION: Authorize the Mayor to sign the King County Veterans, Seniors, and Human Services Levy Agreement to accept $893,471 in levy funds for the term 01/01/2021 through 12/31/2023, amend the budget, and authorize the expenditure funds in accordance with the agreement terms acceptable to the Parks Director and City Attorney. F. Highway Traffic Safety Improvement Program 108th Avenue S.E. and S.E. 264th Street Compact Roundabout Grant - Authorize MOTION: Authorize the Mayor to accept grant funds from the Washington State Department of Transportation for the Highway Traffic Safety Improvement Program 108th Avenue S.E. and S.E. 264th Street Compact Roundabout project, in the amount of $885,000, amend the budget, authorize the expenditure of the grant funds accordingly, authorize the expenditure of up to $90,000 in local matching funds from the B&O fund, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Highway Safety Improvement Program - City Safety Road Diets Grant - Authorize MOTION: Authorize the Mayor to accept grant funds from the Washington State Department of Transportation for the Highway Safety Improvement Program - City Safety Road Diets program, in the amount of $735,000 dollars, amend the budget, authorize the expenditure of the grant funds accordingly, authorize the expenditure of up to $75,000 dollars in local matching funds from the B&O fund, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Ordinance Amending the Comprehensive Plan Capital Facilities and Transportation Elements - Transportation Master Plan - Adopt ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 5 of 11 Kent City Council City Council Regular Meeting March 2, 2021 Minutes Kent, Washington MOTION: Adopt Ordinance No. 4394, amending the Capital Facilities Element of the Kent Comprehensive Plan to incorporate an updated Transportation Project List, and amending the Kent Comprehensive Plan to replace the content of the Transportation Element with the updated Transportation Master Plan. I. Accept the Briscoe-Desimone Levee Improvements Reach 2 River Mile 15.44 to 15.57 and Reach 3 River Mile 15.98 to 16.36 Mitigation Planting Project as Complete- Authorize MOTION: Authorize the Mayor to accept the Briscoe-Desimone Levee Improvements Reach 2 river mile 15.44 to 15.57 and Reach 3 river mile 15.98 to 16.36 Mitigation Planting Project as complete and release retainage to Buckley Nursery Company upon receipt of standard releases from the State and the release of any liens. 9. OTHER BUSINESS A. The Bridges/Oakpointe — Ordinance Amending the Comprehensive Plan Land Use Map - CPA 2019-6* - Adopt Economic and Community Development Deputy Director, Matt Gilbert presented to Council again, an ordinance amending the Comprehensive Plan - Land Use Plan Map Designations for The Bridges/Oakpointe location. This amendment would change the land use designation from urban separator to low density multi-family. Gilbert discussed the review process that initially started back in 2018 but was delayed until this year. He also discussed the timeline for this item as it went through the Land Use and Planning Board and onto Council. Boyce inquired about Auburn's opinion on the change to the Comp Plan for this type of development. Gilbert indicated Auburn has selected to not go on the record, but are aware that this is happening. Mayor Ralph then stated that this proposal was developed with significant conversation with Auburn and their desired use of the property. Council President Troutner confirmed that pass or fail, this does not affect the conversations around annexation/deannexation in the future. Councilmember Larimer expressed concerns about developing to 17 year old development standards that were approved under the PUD back in 2004. She also inquired about emails that were discussed during public comment indicating that there are legal risks and concerns with the City's own policy. Councilmember Boyce inquired about the Kent Police Department response ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 6 of 11 Kent City Council City Council Regular Meeting March 2, 2021 Minutes Kent, Washington time to The Bridges community. Chief Rafael Padilla indicated that to his knowledge they are responding to this area. He noted that he has had conversations with Valley Communications to ensure there are no gaps in dispatch to this area and he is also providing his team with a communication and new map to ensure everyone is aware of the areas the KPD serves. Councilmember Boyce inquired with Assistant City Attorney Adam Long whether the City has done it's due diligence in providing required notice to residents regarding this change to the Comprehensive Plan and whether there are any legal concerns for the City of Kent in moving forward with this proposal. Long responded by stating that there are always risks and it's difficult to say exactly how everything will play out. Long noted that the item before Council tonight is a site specific change to the Land Use Plan which would allow certain uses for this specific area. Moving forward, the property would need to be rezoned, and there would need to be a change within the PUD to go from commercial to residential use. Councilmember Kaur echoed what Councilmember Larimer brought up regarding emails, as well as concerns regarding the Kent Police Department responding to this area. Council President Troutner inquired about our liability if we do not pass this item. Long indicated that if it is approved it can be challenged to the Growth Management Hearings Board by the residents, and if it does not pass then it can be challenged to the Growth Management Hearings Board by Oakpointe. Gilbert clarified that passing this amendment would not preclude a commercial development from happening on this site. Councilmember Michaud inquired about the timeline for making a decision. Long noted that it should be considered concurrently with out Comprehensive Plan amendments which are on the consent agenda for this evening. Councilmember Larimer inquired about a public hearing requirement for this item, and Gilbert noted that it was held with the Land Use and Planning Board. Council President Troutner moved to adopt Ordinance No. 4395, approving comprehensive plan amendment CPA-2019-6, changing the land use designation for 13.2 acres of The Bridges PUD from Urban Separator to Low Density Multifamily, as proposed by the applicant. Seconded by Councilmember Michaud. Councilmember Boyce is confident in his decision moving this forward based upon a unanimous decision by the Land Use and Planning Board and support ....... ........ ........ ........ ........ ........ ........ ........ ......... Page 7 of 11 Kent City Council City Council Regular Meeting March 2, 2021 Minutes Kent, Washington of City Staff. Council President Troutner and Councilmembers Boyce and Fincher voted yes/aye. Councilmembers Kaur, Larimer, Michaud and Thomas voted no/nay. Councilmember Michaud and Larimer requested more information regarding the emails that were discussed. Councilmember Kaur echoed Councilmember Michaud's concerns regarding the emails and also requested to hear more from the residents and what their concerns are. Councilmember Larimer requested a more robust notice of public hearing to include more of the residents being impacted. City Attorney Pat Fitzpatrick noted that there are some unknowns right now. He indicated that staff should go back and determine next steps and provide comprehensive answers to some of the concerns that were raised by Council. Thomas moved to table the item indefinitely, seconded by Councilmember Larimer. Council President Troutner, Councilmembers Boyce, Michaud and Fincher voted no/nay. Councilmembers Kaur, Larimer, and Thomas voted yes/yay. Chief Administrative Officer, Derek Matheson recommended staff do the necessary research to answer Councils concerns and return in two weeks with two motions, one to approve and one to deny the motion. MOTION: (APPROVAL): Adopt Ordinance No. 4401, approving comprehensive plan amendment CPA-2019-6, changing the land use designation for 13.2 acres of The Bridges PUD from Urban Separator to Low Density Multifamily, as proposed by the applicant. (DENIAL): Deny comprehensive plan amendment CPA-2019-6, requesting a change in the land use designation for 13.2 acres of The Bridges PUD from Urban Separator to Low Density Multifamily. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 8 of 11 Kent City Council City Council Regular Meeting March 2, 2021 Minutes Kent, Washington RESULT: DEFEATED [3 TO 4] MOVER: Toni Troutner, Council President SECONDER: Zandria Michaud, Councilmember AYES: Troutner, Boyce, Fincher NAYS: Kaur, Larimer, Thomas, Michaud B. Move to table indefinately. Councilmember Boyce called for roll. RESULT: DEFEATED [3 TO 4] MOVER: Les Thomas, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Kaur, Larimer, Thomas NAYS: Troutner, Boyce, Fincher, Michaud C. Ordinance Revising the City's B&O Tax Extension to Outdoor Warehouse Activities - Adopt Finance Director, Paula Painter presented to Council an ordinance revising the City's B&O Tax extension to outdoor warehousing. This revision would establish a stand-alone six-acre square footage threshold for calculation of outdoor warehouse space square footage tax. This revision would align with the original intent of the ordinance passed previously. MOTION: Adopt Ordinance No. 4396, amending section 3.28.050 of the Kent City Code to establish a stand-alone six- acre square footage threshold for calculation of Outdoor Warehouse Space square footage tax, effective January 1, 2021. RESULT: APPROVED [6 TO 1] MOVER: Zandria Michaud, Councilmember SECONDER: Toni Troutner, Council President AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud NAYS: Thomas 10. BIDS A. Lake Fenwick Hypolimnetic Aerator Improvements Project Bid - Award Public Works Environmental Specialist, Meara Heubach presented the Lake Fenwick Hypolimnetic Aerator Improvements project and recommended Council award it to Associated Underwater Services, Inc. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 9 of 11 Kent City Council City Council Regular Meeting March 2, 2021 Minutes Kent, Washington MOTION: Award the Lake Fenwick Hypolimnetic Aerator Improvements Project to Associated Underwater Services, Inc. in the amount of $922,592.31 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Les Thomas, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud B. 2021 Plastic Markings Project Bid - Award Public Works Director, Chad Bieren presented the 2021 Plastic Markings project and recommended Council award it to Apply-A-Line LLC. MOTION: Award the 2021 Plastic Markings Project to Apply-A- Line LLC in the amount of $125,357 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud C. 2021 Asphalt Grinding Project Bid - Award Public Works Director, Chad Bieren presented the 2021 Asphalt Grinding project and recommended Council award it to Puget Paving & Construction, Inc. MOTION: Award the 2021 Asphalt Grinding Project to Puget Paving & Construction, Inc. in the amount of $103,087 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. R SE ULT: APPROVED [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 10 of 11 Kent City Council City Council Regular Meeting March 2, 2021 Minutes Kent, Washington 12. ADJOURNMENT Mayor Ralph adjourned the meeting at 9:41 p.m. Meeting ended at 9:41 p.m. K Le,y A. Ko wwto- City Clerk ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 11 of 11 2021 Comprehensive Plan Land Use Map Amendment March 2, 2021 City Council Meeting Matt Gilbert, ECD Deputy Director r •La rl SE 296 n = Oakpointe proposal • Urban Separator to Low Density acres � �r-►�a� 5= i'YEiC • Docketed in • , delayed due i Y Auburn .to possible cle-annexation to • Located within The B PUD ridgesFT 4 ORILLIA Normandy Park 99 509 Hydroplane & Race Boat Museum 515 �I Amazon WinCo Foods Recruiting Office T East Hill-Meridian Des Moines �.c 167 Soos-C-reek Trail 516 © Mill Creek Canyon Earthworks Park ij Lake Fe"nwick Park I Target 51b � o 509 Trader Joe`s I' Lake Meridian�Park I r 509 Lakeland r_ North i' Current Current ZoningComprehensive Plan SE 268 St -- E'f SE 288 PI .2*9 M -W 3 M ,1 N k N SE 290 PI W N W SE 2 > SFF- 5 N N.T.S. w SE 295 St F - � 44 SE 295 PI � w 74 a SE 296 WY N G U �! W �T 297 PI tL 297 Ct g� 1 SE 298 PI N ��4� ' tj€ No A w T FM <d SE 299 PI SE ,T hI A, � T SE 300 . U A r I dwaar » SE 301 St Lij SE 301 PI W y 5E 302 Si a d ^ .a 3(72 F 1 � � 3 I F& —m d SE 304 �aT SE 304 5t � n _ Approximate area , looking north from 304th Street . All- _ .. ,fir► r.,Ir d ter' 1990 �7=19'SE1.22"F! 122�1U'49.4G"W eley 438 fr eye al: 1?1?`t Proposal Oakpointe = a. US to LDMF • <� J Adds • - • _ list of potential future uses. Currently . w neighborhood commercial, office, gas stationSE 29c n to 121 •• Q '�N iJCh 'J�'cl4 Residential densities range from 8 • 16 units per acre. �. _ nr Criteria for review : • No harm to public health , safety and general welfare • New information since Comp . Plan adoption . • Long term benefits to the community. • Consistent with other goals and policies of the Comp . Plan Relevant Comprehensive Plan goals and policies • Policy LU-6.3: A variety of densities within close proximity to employment, shopping, transit, human and community services. _ • Goal LU-7 & 8: Kent will provide opportunities fora variety of housing choices to meet changing demographics, and allow innovation for variety. • Goal H-2: Encourage a variety of housing types and infill development ■ • Goal W 19: Establish Urban Separators to protect ecologically sensitive areas and to create open space iiiri corridors that provide visual, recreational and wildlife benefits within and between urban growth areas What is an Urban Separator? � • Used for low-density lands that define community identities and boundaries. • Protect adjacent resource lands, rural areas and environmentally sensitive areas and • Create open space corridors within and between urban areas that provide environmental, � visual, recreational and wildlife benefits. IA qP- King County Urban Separators 3041h SZ s Wr ram; r s 1; i NSE 2E Bth 91 t ;N ► ..r •+ 4 SE,29tfi r• •3 y ' { ,T T- S E.294tWetlands in The jhauiL ►St Ow Bridges 40 OVA w 'w 1p IV 4 �100North -P1 r, Auburndale .E,296tt 'ay If-�I Park LA • �: ., r BERIC•Ss IR'E e1� � � 00%de J_t.IG�th way SE -30m OOr 4 S� 302nd St Q j low MENEM -304th St Review Process : • Accepted in 2018 , delayed until this year • January 11 LUPB - Info only • February 8 LUPB - Public Hearing • February 21 Bridges Community Meeting • March 2 Public Comment at City Council . Next steps • Zoning Change & PUD Revision : Public Hearing . • Hearing Examiner recommendation to City Council • Construction permits Questions ? Lake Fenwick Aerator e ■ Contract Bid Award: . . - . Underwater Services, Kent � > § - • .��� � ��v . + � . . .� - � . . . . . . . - _ Council . . | March 2, 2021 MARKffNCS REFRESH } 71 _ - ! 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