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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/05/1988 - City of Kent - City Council Meeting Agenda Office of the City Clerk PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A. Employee of the Month B. Proclamation - NHRA Seafair Nationals Week Kent City Council Meeting Date July 5, 1988 Category Public Hearing 1. SUBJECT: APPEAL - BY UNION PACIFIC REALTY COMPANY VAN DOREN ' S LANDING II REZONE NO. RZ-88-2 2 . SUMMARY STATEMENT: This hearing will consider an appeal of the Hearing Examiner ' s denial of Van Doren' s Landing to r No. RZ-88-2 . The is to rezone 7 . 1 acres fro M1 ( industrial park) industrial park, commercial suffix) . The property is located on the south side of South 212th St . approximately 1200 feet west of West Valley Highway. 3 . EXHIBITS: Staff report, minutes, finding and recommendation, letter from Union Pacific Realty Company 4 . RECOMMENDED BY: Hearing Examiner, 5/19/88 (Committee, Staff , Examiner, Commission, etc . ) Denial 5 . EXPENDITURE REQUIRED: $ - SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt/modify the findings of the Hearing Examiner and to concur with/disagree with the Hearing Examiner ' s recommendation -. of denial of Van Doren' s Landing II rezone No. RZ-88-2 DISCUSSION• ACTION: Council Agenda T«-_ „_ 11 { UNION PACIFIC REA['V COMI ByAWY A Subsidiary of Ter1 - grapp Union Pacific Corporation Dir vrj�-j r/,� -icons June 2 , 1988 y r ~ U Ms. Marie Jensen T)'o 88 Kent City Clerks Office F Kent, Washington 98032 c�FRk Re: Van Doren's Landing II #R2-88-2 , a request to rezone 7 . 1 acres of land from M-1 Industrial Park to M-1-C, Industrial Park-Commercial suffix Dear Ms. Jensen: A public hearing before the Kent Hearing Examiner was held relative to the above mentioned rezone on May 4 , 1988 . On May 19, 1988 the hearing examiner issued a recommendation to deny said rezone. The hearing examiner's recommendation for denial was based on a perceived inconsistency with the Comprehensive Plan. The Hearing Examiner's findings concluded that: 1) The proposed rezone would not result in strip commercial zoning as argued by staff. 2) The hotel/restaurant complex would provide a desirable amenity to the Van Doren's Landing project. 3) The proposed rezone is compatible with development in the vicinity or anticipated in the vicinity. 4) The rezone would not unduly burden traffic circulation system because the traffic generated by the proposed use would be less than generated under existing zoning. 5) Circumstances have changed to warrant the proposed rezone and the rezone would not adversely affect the health, safety and welfare of the citizens of Kent. 6) The "C" suffix nodes are not well defined and it is therefore a policy decision within the role of the City Council and outside the proper role of the Hearing Examiner to determine whether the "C" suffix zoning should be extended to include the proposed rezone area. 1 6-100 Sol lhrr slur P:.dt w;ry S IIIIL'30:r,Soulha:nler I'I�rLu Seallle(Tukwih).WA 981M `yc; 1.1.. I,", Union Pacific Realty Company (formerly Upland Industries Corp) respectfully appeals the Hearing Examiner's decision to the Kent City Council. Union Pacific Realty's appeal is based on errors in the interpretation of the Comprehensive Plan. The basis for the appeal is supported with the following data: 1) The West Valley study dated September, 1986 as prepared by the Kent Planning Department suggested that the City of Kent modify its zoning regulations to expand retail opportunities in selected locations. This change would permit additional specified retail uses (including hotel/restaurant uses) at designated major intersections . 2) The West Valley study identified three potential nodal locations for expanded retail opportunities. The locations are West Valley Highway/South 180th Street, West Valley Highway/South 212th Street and West Valley Highway/South 228th Street. A copy of the West Valley study map is attached. 3) As a result of the West Valley Study the Kent Comprehensive Plan and Zoning Code were amended in 1987 to allow certain limited commercial land uses that provide necessary personal and business services for the general industrial area. Such uses are allowed in the M-1 District at the centralized nodal locations discussed in Item 2 above . 4) The largest node as identified in the West Valley Study and the Comprehensive Plan is at West Valley Highway/South 212th intersection. 5) Due to existing land uses and/or ownerships of much of the property contained within "C" nodes, the potential for commercial/retail development is greatly reduced. The existing land use of each node is described below: 180th Street o Only the SE quadrant is within the City Limits of Kent where a gas station is located. South 212th Street o The NE quadrant is part of the Boeing Aerospace complex. o The NE quadrant is owned by the Kent School District (O'Brien School) . o The SE quadrant is occupied by a gas station and the O'Donnell Business Park. o The SW quadrant was recently rezoned by Corporate Property Investors to Ml-C. South 228th o The NW quadrant is occupied by the new REI headquarters . o The NE quadrant is occupied by Laing Business Park. o The SE quadrant is occupied by the US West facility. o The SW quadrant is vacant and owned by Union Pacific Realty Company. 6) The limits of nodes as conceptually illustrated in the West Valley Study and Comprehensive Plan were not intended to be definitive boundaries. This was confirmed in the Hearing Examiners findings. The proposed rezone area is slightly outside the "circle. " 7) The property immediately adjacent to the proposed rezone area (CPI property) was recently granted a M1-C rezone. A portion of this property is outside the approximate boundary of the "circle. " 8) In the opinion of Union Pacific Realty Company there are not adequate services in the West Valley Area to support existing and future industrial/business park uses. In addition, if the nodes are strictly interpreted as the lines as drawn there is insufficient area to develop service uses to support the projected employment population. If sufficient area is not devoted to such commercial uses, the higher density office and research and development projects will be impeded and continuation of lower density distribution and warehouse uses will be encouraged. In conclusion, we feel the proposed rezone is consistent with the Comprehensive Plan and that this rezone and the proposed hotel/restaurant development which meets or exceeds all of Kent's goals and objectives will be an extremely positive addition to the City. The Council 's consideration of this appeal is respectfully requested. If the Council so elects I would be pleased to make a presentation at the appropriate time and place. Sincerely, , w "na TFK:ks 1 8 0 t h at a • �4/ m Ism N = WEST VALLEY 1e0th INDUSTRIAL STUDY �O 198th at qC 3 � x • o Cq m m a _ � o o � a 212th o: C • r • O b 3 220t 1 C • d • > C > q q 228th N 61 LO Z ® Retail Areas w ■o s� c-� ■ Q NN® Study Boundary • M 5q - z - > N • q • /,is M 7 L « R 0 James at 0 0 3M o POTENTIAL AREAS FOR EXPANDED RETAIL OPPORTUNITIES - GENERALIZED MAP 9. FINDINGS AND RECOMMENDATION OF THE HEARING EXAMINER FOR THE CITY OF KENT FILE NO: VAN DOREN'S LANDING II #RZ-88-2 APPLICANT: UPLANDS INDUSTRIES REOUEST: A request to rezone 7. 1 acres of land from Ml, Industrial Park, to Ml-C, Industrial Park-Commercial Suffix. LOCATION: The property is located on the south side of S . 212th Street, approximately 1, 200 feet west of West Valley Highway. APPLICATION FILED: February 3 , 1988 DEC. OF NONSIGNIFICANCE: March 3 , 1988 HEARING EXAMINER MEETING: May 4 , 1988 RECOMMENDATION ISSUED: May 19 , 1988 RECOMMENDATION: DENIAL STAFF REPRESENTATIVES : Fred Satterstrom, Planning Department Kathy McClung, Planning Department Greg McCormick, Planning Department Gary Gill, Public Works Department Ken Morris, Public Works Department PUBLIC TESTIMONY: Ted Knapp, for applicant Other Comments Chris Crumbaugh WRITTEN TESTIMONY: None INTRODUCTION After due consideration of the evidence presented by the applicant, all evidence elicited during the public hearing, and as a result of the personal inspection of the subject property by the Hearing Examiner, the following findings of fact and conclusions shall constitute the recommendation of the Hearing Examiner on this application. 1 Hearing Examiner Recommendation Van Doren's Landing II #RZ-88-2 FINDINGS OF FACT 1. The applicant, Uplands Industries, requests a rezone from M1, Industrial Park, to M1-C, Industrial Park-Commercial Suffix, to allow the development of a motel/restaurant complex. 2 . The site is located on the south side of S. 212th Street, approximately 1, 200 feet west of the West Valley Highway and is 7. 1 acres in size. 3 . The Comprehensive Plan designates the site as I, Industry, and the Valley Floor Plan designates the site as IBP, Light Industrial/Business Park. 4 . The proposed development would be part of a 600 acre development known as Van Doren' s Landing. Of the total site, 30 acres are owned by the City of Kent and consist of the sewage lagoon, and 570 acres is owned by the rezone proponent. 5. The proposed hotel/restaurant complex would generate 1, 472 vehicle trips per day with 121 p.m. peak hour trips per day. Under current zoning, office and/or warehouse uses could generate 1, 213 daily trips and 289 p.m. peak hour trips. Therefore, the uses proposed in connection with the rezone would not generate a considerable amount of additional traffic. 6 . Staff, while complimenting the applicant on the quality of the entire Van Doren' s Landing Project, recommends denial of the rezone. The recommendation of denial is based upon the fact that Section 15. 04 . 170 of the Zoning Code designates MI-C zoning only at commercial nodes, i. e. the intersections of the West Valley Highway and 180th, 118th, and 212th. As indicated, this site is 1, 200 feet west of the West Valley Highway. Staff feels that favorable action on the rezone would result in strip commercial development. 7 . The applicant is willing to have the rezone conditioned upon compliance with the site plan and the uses anticipated in the application. 8 . At the time of the hearing, counsel for an adjacent project, Green River Square, a hotel/restaurant/convention center east of the site, opposed the project on the same grounds as Planning staff. 9 . Land uses in the vicinity include Boeing Company to the north; vacant land, the King County Humane Society and Kent sewer lagoon to the south; vacant land to the east with the 2 Hearing Examiner Recommendation Van Doren's Landing II #RZ-88-2 Green River Square development approved; and vacant land and an RV park to the west. 10. The site is flat and undeveloped. 11. The site has access to S. 212th which is classified as a minor arterial. 12. The staff report, with its recommendation of denial, is incorporated herein by reference as though set forth in full. CONCLUSIONS 1. The Zoning Code sets forth a series of criteria which must be established before a rezone can be granted. 2 . The first of these criteria is that the rezone must be consistent with the Comprehensive Plan. The "C" suffix zoning which resulted from the West Valley Industrial Study clearly establishes the need for limited commercial uses on the valley floor. However, the "C" suffix zoning in the Comprehensive Plan and the Zoning Code is intended to be concentrated at major commercial nodes. Zoning Code Section 15 . 04 . 170 states "such uses are allowed in the M2 district, through application of the C suffix, at centralized, nodal locations where major arterials intersect. " The evidence does not establish that approval of this rezone would result in strip commercial zoning as argued by staff. In fact, to the contrary, if the rezone were conditioned upon compliance with the site plan and uses anticipated therein, the hotel/restaurant complex would provide a desirable amenity to the Van Doren's Landing Project. While the "C" suffix nodes are not well defined, the undersigned concludes that it is a policy decision within the rule of the City Council and outside of the proper role of the Hearing Examiner to determine whether the "C" suffix zoning should be extended as far as 1 , 200 feet or further from major intersections. Accordingly, the undersigned concludes that the proposed rezone is not consistent with the Comprehensive Plan. 3 . The evidence establishes that the proposed rezone is compatible with development in the vicinity or anticipated in the vicinity. 4 . The rezone would not unduly burden the traffic circulation system because the traffic generated by the proposed use would be less than traffic generated under existing zoning. Traffic mitigation measures imposed through the SEPA process would 3 Hearing Examiner Recommendation Van Doren's Landing II #RZ-88-2 adequately mitigate the traffic impacts associated with the development. 5. Circumstances have changed to warrant the proposed rezone and the rezone would not adversely affect the health, safety, and welfare of the citizens of the City of Kent. RECOMMENDATION Since the proposed rezone is not consistent with the Comprehensive Plan and Zoning Code, the undersigned recommends that it be DENIED. Dated this 19th day of May, 1988 . DIANE L. VANDERBEEK Hearing Examiner Request for Reconsideration Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than 14 days of the date of the decision. Reconsideration requests should be addressed to: Hearing Examiner, 220 S. Fourth Avenue, Kent, WA 98032 . Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to Council is filed by a party of record within 14 days of the decision. The appeal must be filed with the City Clerk and state the basis of appeal which may be errors of fact, procedural errors, omissions from the record, errors in interpretations of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution #896 for specific information. 4 CITY OF KENT planning . G a• het Ii O -212TH-; �--ST .._ -- , ... I I r • ( I l "d re ,,6•r q i f3' `Z93935 M.Ln :✓:l.y..VGS 1.a aaT N L.�' S :"�.5.'G SITE \: M1 ` t e/ t l APPLICATION Name Van Doren's Landing 11 LEGEND : Number R7-88-2 Dale May a, 1988 -lb' application site — RO[IUBSt Rezone Topo/Zoning SCALE = Reduced CITY OF KCNT planning a. J iWN StiN h.w. rdil �. • -,is- - _. P I c 1 iilHUIIIIb 510 / APPLICATION Name Van Doren's Landing 11 LEGEND Number R7-AR-7 Date _ May 4, 1988 application site --- Request RP7on Site Plan SCALE = Reduced CITY OF KENT planning J ' J 7 r r W 1✓.( 4 � rH ST Intluabla RosO �'! I•..���,1 1 S. 204 TH. ST. .. I] ` Ar.Ro srnct I \\\ INuusrrfr � Lot J, 3 12 InauarM no.tl C v 10 11 :° 9 i 121 a c � c - \ .. OBRIEN -. LEMENTAR --' t --212rH - T�� CHOOL .1 SITE ,=� - r Ci �'JUFFIX fire Station x \ ® e �F 5,216 ST.S rN- S If,i PC `I I I I I > �1 9 ).foil, Sr I � l ¢ - I � >� Fe er Sul,St. 1d 11 Il 12 \ 15 14 14 13 $226 TII AVE. w N > 5------------- 72 rr!1 n •1 w x W N > H i Q w x v o Q f m 2 a 2 n F / INDUSTRIAL AR 2�etH i APPLICATION Name Van nnrPn'c Landing 11 LECENO : Number R7-sa-2 pate May a, 1988 .! application site R egijeSt--RP7MP city limits — — — Vicinity SCALE = 1- - 1,000r HEARING EXAMINER MINUTES May 4, 1988 The public hearing of the Kent Hearing Examiner was called to order by the presiding officer, Diane L. VanDerbeek, Hearing Examiner, on Wednesday, May 4, 1988 at 3 : 00 p.m. in the Kent City Hall, Council Chambers. Ms. VanDerbeek requested all those intending to speak at the hearing and those wishing to receive information concerning the hearing, to sign in at the sign up sheet by the door. Staff reports, agendas, and the description of procedure of the hearing were available by the door. Ms. VanDerbeek briefly described the sequence and procedure of the hearing. All those who intended to speak were sworn in. VAN DOREN'S LANDING II Rezone #RZ-88-2 A public hearing to consider the request by Uplands Industries for a rezone of 7. 1 acres of land from M1, Industrial Park, to Mi-C, Industrial Park-Commercial Suffix, to allow the development of a motel/restaurant complex. The property is located on the south side of S. 212th Street, approximately 1, 200 feet west of West Valley Highway. VERBATIM MINUTES: (1-676) Greg McCormick: Good Afternoon, Madam Hearing Examiner, my name is Greg McCormick and I will be presenting the Planning staffs ' staff report this afternoon. As you have stated, the applicant is requesting a rezone of approximately seven acres from a current designation of Mi, Industrial Park, to M1-C, Industrial Park-C suffix to allow the development of a motel/restaurant complex. The site is located on the south side of 212th, on the, it would be on the southwest corner of 212th and 64th Avenue which is the access back to the King County Humane Society. The subject property is currently - vacant. This area was annexed in the City in 1959 as part of 1, 900 acre annexation and it was initially zoned MA with the current zoning of M1 was adopted in 1973 with the adoption of the present Zoning Code. Historically the land use in the valley area has been dominated by agriculture. Over the years this has changed to where we are getting a lot of industrial development in the valley. The Boeing Company is located directly north of the site and has been on that site since about 1965. The first rezone utilizing the Ml-C overlay zone was - approved just last year under the file RZ-87-1 and that property is located immediately adjacent to the east of the site and is known as the Green River Square site. This project will consist of retail stores, a restaurant/motel convention center, and an automobile 1 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 center, fully developed. Recently, the City has received development plans for the first phase of this project which will consist of a multi-tenant commercial building on the Green River Square site. The land use in the area, as I indicated, to the north is the Boeing Company, south is vacant land as well as the King County Humane Society and the Kent Sewer Lagoons, to the east is vacant, presently. However, the City has received the development plans for the first phase of the Green River Square commercial development, and to the west, it is vacant immediately adjacent to the site but further west there is a recreational vehicle park. At this time I would like to show a short video of the area. VIDEO SHOWN (1-770 to 1-848) Environmental review was completed on this project and a Determination of Nonsignificance was issued on March 3 , 1988 for the proposed rezone and in the event the rezone is approved some conditions were attached to that Determination of Nonsignificance which are included in the staff report, I won't go over those at this time. The topography of the site is generally flat and there are no surface water problems that are evident. Vegetation on the site is basically just native grasses, shrubs and some trees. The street fronts on 212th, excuse me, the site fronts on 212th which is classified as a minor arterial. The average daily traffic count for 212th is approximately around 22 , 000 vehicle trips per day. There is adequate water, sanitary and storm sewer utilities available to serve the site. The City Comprehensive Plan designate the site as Industry and the Comprehensive Plan, which was adopted by the City in 1969, expresses the goals, objectives and policies of the community for the future growth of Kent and areas within the Sphere of Interest. The City of Kent has also adopted a number of subarea plans that address specific concerns of various areas, on a more specific level. This particular area falls under the Valley Floor Plan which also includes goals, objectives and policies that complement the overall City-Wide Comprehensive Plan. I would just like to briefly review some of the Comprehensive Plans, both the City-Wide and the Valley Floor Plans elements as they relate to this proposed rezone. First, the City-wide Comprehensive Plan under the Economic Element, the Overall Goal of that Element being to: Promote, control the economic growth with orderly physical development, resource conservation and preservation. Goal 2 under the Overall Goal is to: Assure retail and commercial developments are in suitable locations. Objective 1: Minimize adverse physical impacts of strip commercial development. Policy 3 under Objective 1 is to restrict strip commercial developments to areas already so developed. In September of 1986, the Kent Planning Department completed the West Valley Industrial Study which examined the changing trend of development in 2 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 the West Valley area. The study reviewed the Comp Plan, current zoning, transportation, policies, surface water utility and recent industrial development to determine potential areas of conflict. And, in response to those findings, the City staff presented several alternatives for zoning changes that would reflect the changing directions that land development in the West Valley area were going. The alternative that was ultimately adopted and implemented through amendments in the Zoning Code was to establish a commercial overlay zone which is indicated on this map, indicated that it is a C-suffix zone. And what that study did was to identify nodes at the major intersections of West Valley Highway and the major east/west arterials and determine those appropriate locations for more intensive commercial uses that are currently allowed under just the Ml zoning. These nodes are not tied to specific property lines; however, the concern of staff has is that the potential for strip commercial situations being created if the M1 zoning is extended along the roadways rather than being concentrated at the intersections. The Planning staff feels that extending this commercial suffix zone as far away from the intersection as is proposed for this rezone, would go beyond the scope of the intent and purpose of the Ml-C overlay. The Circulation Element in the City-Wide Comprehensive Plan, the Overall Goal being to establish a balanced, safe and efficient transportation system for all modes of travel . Goal 1 is to: Assure the provisions of safe and efficient routes and terminal facilities for vehicular traffic moving within and through Kent. Objective 1 is to: Provide adequate trafficways for both and local and through traffic, separating systems when possible. And Policy 1 is to: Provide better and easier east/west traffic flow. The Traffic Engineer comment during, that the current average daily traffic count on S. 212th is approximately 29, 900 trips per day. The current level of service at the intersection of 212th and West Valley is "F" . And, during the environmental review, the Traffic Engineer estimated that this project would generate an approximate additionally 1, 472 daily traffic trips and additional 121 p.m. peak hour trips. The City is currently going through the environmental review process for major intersection improvements at 212th and West Valley Highway. These improvements include additional turn lanes, acceleration/deceleration lanes, both on 212th and West Valley. I believe the work is scheduled _. to begin later this year on the project and on a broader scope, the City also has plans for improvements of West Valley Highway from James Street north to approximately 190th. And, some of these projects have also been through the environmental review process. These improvements would also consist of additional through lanes, turning lanes, deceleration/acceleration lanes. It would be staff's feeling on this that it may be more appropriate to wait until these improvements have been made to see if the situation, in terms of traffic on the West Valley Highway, improve as a result of those improvements and possibly look at extending the commercial zone at that time. 3 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 Under the Valley Floor Plan, the Economic Element, Overall Goal being to: Promote controlled economic growth with orderly physical development, resource conservation and preservation. Goal 2 is to: Assure suitable locations for commercial developments. Objective 1 is to: Minimize adverse physical impacts of strip commercial developments and a Policy under that is to: Encourage planned retail, commercial business developments. As I brought up earlier in my discussion, it would appear to the staff that this particular request would go beyond the original intention of the M1-C overlay and that the extension of this commercial use in a linear fashion along the 212th Corridor would set the stage for possibly strip commercial development being developed along 212th. Staff did receive additional comments from other City departments regarding this development and one was quoted in the staff report on page 4, from the Kent, City of Kent Fire Chief, and, I don't think that I will read that, but paraphrase it and simply the Chief is saying that there is inadequate fire service in that area right now and that currently they have no full-time staff on the north end and that not only this development but general development in the valley puts an increase demand on emergency services and this would add to that problem. The Planning Department has reviewed this application in relation to the Comp Plan, the present zoning, land use, street system, flood control problems and comments from other departments and finds that: The City-wide Comprehensive Plan Map designates the property as I. Industry. The Valley Floor Plan Map designates the property as IBP, Light Industry/Business Park. The site is currently zoned M1, Industrial Park. The site is currently vacant. Surrounding land uses include industrial, vacant, quasi-public and a recreational vehicle park. The site has access to 212th which is a minor arterial and no apparent flood control problems on the site. The Kent Zoning Code sets forth specific criteria that a rezone request must meet prior being, which must be reviewed in light, or by the Hearing Examiner, City Council, to evaluate the requested rezone. Those criteria consist of: 1. The proposed rezone is consistent with the Comprehensive Plan. 2 . The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. 4 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. 4 . Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone, and 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Staff has responded to those five criteria and I will just hit two, discuss two of those criteria and they relate to the requested rezone. The first criteria is that the proposed rezone is consistent with the Comprehensive Plan. As I discussed earlier, the current designation under the City-wide Plan is I for Industry and the Comprehensive Plan now has the C-suffix nodes indicated on them as well. While these C- suffix nodes are not tied to property lines they were intended to concentrate this commercial development at the intersection. The extension of the M1-C boundary, the distance as being requested in this rezone would seem to go beyond the scope of the original intention of the MI-C overlay zone. The second criteria is that the proposed rezone and subsequent development would be compatible with development in the vicinity. As I earlier noted, there is a similar development proposed for the property immediately adjacent to the east of the site. However, there is just to the north we have the Boeing Aerospace industry going and there is quite a bit of vacant land in the area as well. The precedent that this might set by extending the M1-C zone that far down 212th would not, it would be awful difficult to refuse once you get into the, once you get into extending that, that sort of use that far from the intersection, to deny other requests that might come along for similar rezones in the future that would extent it either, either way, either up West Valley or east of the intersection of West Valley and 212th. After reviewing comments from the other departments and the merits of the rezone and the appropriate plans, City staff recommends that the requested rezone be denied. May I answer any questions? (1-1336) Diane VanDerbeek: I was just wondering if you know how wide, how wide the property is its frontage on 212th? You said that the site is located 1,200 feet from the intersection, but how wide is the site from the east to the west? I don't think it's really on there, if it is, I could figure that out. McCormick: No, I don't really see it. I see a 479 .5 feet but I 'm not really sure that reflects the frontage of that particular lot or not. 5 Hearing Examiner Verbatim Minutes Van Doren' s Landing II #RZ-88-2 Here's the large map, or site plan. VanDerbeek: I didn't see it on the site plan. Maybe the applicant can answer the question. All right, I guess I have another question concerning the staff recommendation. The, I can understand staff's position about the potential for extending the C-suffix zoning that far from the intersection but, I 'm wondering where in the M1-C zoning ordinance does it say that encouraging commercial development should be retained at intersections that are four-way intersections. In other words, this is an intersection, it's not a four-way intersection like the intersection of West Valley and 212th. But, it is an intersection. McCormick: The West Valley Study actually specifies that the recommendation is to concentrate those uses at the intersections of West Valley and the major east/west corridors which would be, I can't think right off the hand, 196th, 212th and those subject zones are actually indicated on the Comprehensive Plan Map. VanDerbeek: All right thank you. Is there any further comment from staff. I have one question about traffic it's the same question that I asked last time. McCormick: O.k. , maybe we should have Ken address that then. VanDerbeek: Perhaps. I don't know why I 'm having so much trouble interpreting these traffic statistics but, I just wanted to ask about the information in the staff report with respect to the additional trips generated by the proposal. Are we talking about the additional trips generated as a result of the commercial uses as opposed to the uses permitted outright under the existing zoning. (1-1421) Ken Morris: Maybe I should state my name first. Ken Morris, City Traffic Engineer. Yes, we are talking about the additional trips above what the permitted uses are. So, if they put a warehouse and office facility on that site versus a commercial facility, what they have proposed--restaurant and motel--you would get a difference of 120 p.m. peak hour trips. VanDerbeek: Well, how many. . . I guess, I guess the difference to me doesn't mean much because I want to know how many trips per day total. Morris: Well, the reason that we look at the difference is, if they put a warehouse out there, it's a permitted use and they wouldn't be here and they could just more or less build it if they could mitigate those impacts through SEPA. VanDerbeek: Right, I understand that. But, but, you are a traffic engineer and you look at these things every day, but I only look at them two times a month and so it's hard for me to calculate it in my 6 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 head what the total trips are to get a complete picture. So, that's why I was asking. Morris• O.k. VanDerbeek: Do you know the. . .perhaps you can comment on it during the rebuttal period, Mr. Morris. I 'm not going to wait too long. Morris: I can calculate that real quick for you and give you an _ estimate of the. . . VanDerbeek: O.k. , just an estimate because I mean, I have no idea whether this use generates 20, 000 trips or day or 5, 000. Morris: O.k. I assume they could put an approximately 150,000 thousand square foot warehouse facility on this site. Given the maximum coverage of 65 percent, but usually what is built is about 50 percent of site coverage, when they built a warehouse/office facility, typically. And, that would be 245 p.m. peak hour trips and so the additional 121 would be about 366 total. VanDerbeek: All right. Morris: Were you interested in the daily. . . VanDerbeek: The total daily trips, uh huh. Morris: O.k. That would be about 732 daily trips from a warehouse type facility and I think we had 1, 400 additional. . . VanDerbeek: 1,472? Morris: So that would be about 2 ,200 daily trips associated with the commercial facility. VanDerbeek: Why would the percentage of p.m. peak hour trips be so much higher than the additional percentage of daily trips in the changed uses? Morris: Well, it depends on the type of, the land use of the facility, that percent can vary quite considerably. The peak hour of a commercial facility itself would be quite different from the peak hour of an office or the peak hour of a warehouse type facility. And, we are looking at the peak hour of the adjacent street, not the most concentrated peak of the facility itself. VanDerbeek: So, the additional 245, or, I 'm sorry, the additional 121 p.m. peak hour trips are based on the adjacent street? 7 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 Morris: No, it's based on the commercial facility but it's based on when you would have the most traffic on the adjacent street. VanDerbeek: Which would be what, four to six? Morris: Four to six, right. So the, you know, they may have more traffic at noon but we are only looking at the traffic during at that peak hour, when you are going to have a mixture of commuters, work trips and the shopping trips, commercial trips. VanDerbeek: All right, thank you for your testimony. Any further comments from staff. All right I will hear from the applicant or the applicant's representative. (1-1603) Ted Knapp: I 'm Ted Knapp with Union Pacific Realty, 16400 Southcenter Parkway, Suite 305, Tukwila. I think maybe to start with, I 've got some slides to show and before concentrating on the request for rezone on the seven acre site, I think its maybe important to go through an review how this piece of property fits with the entire development which we are in the process of doing which is Van Doren's Landing which is about a 650 acre development in Kent and then with that I will get into more specifics on the rezone and how that fits with it. So if you can bear with me a little time to do this. (Beginning of slide presentation) (1-1674) This is an old aerial, in fact it still has our old name, Northwest Business Park, and the area outlined in white does not show everything we own now. Since this was taken we've bought some property to the south of 228th Street as well as the property along 212th which is where the application is pending today. Just to orient you, I think the staff did a good job familiarizing with the site and surrounding uses. Just briefly you see Boeing to the north, the KOA Campground there at 212th along the river, West Valley Highway, of course, is shown on the map. The Green River to the west, Sea-Tac International , of course, on top of the hill as well as I-5 and then the Lakes project would be off the map here, just the lower left-hand corner. Some of the transportation improvements have already been covered by staff. Again, just to briefly show, on this map indicates some of the existing transportation systems that' s in place as well as some of the planned transportation. Of course, the West Valley Highway is already in place; 212th already connects all the way up the West Hill to I-5 to Sea-Tac International. Connects with SR167 and continues on up the East Hill. It is also the only east/west corridor at this point in time that connects the east hill to the west hill and the airport to I-5 and 167. South 228th Street is constructed to the river and in some portions you get close to the river, its a very narrow two-lane road. It is planned to go across the river with a bridge and proceed up and connect in near the interchange and Military Road at 516 and I-5. 8 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 That is one of the corridor's that the mitigation agreements are covering today. Also, 64th Avenue which is partially improved adjacent to the rezone site, the City has, under design right now, 64th Avenue, and, in fact, Union Pacific Realty has front ended $30, 000 for that effect to get the design .moving ahead in front of the actual formation of the LID to speed the process up. But it will be extended from 212th Street down to Meeker Street on the south. Meeker Street, of course, connects in with 516 so you have a shot up to I-5 to that interchange. The last estimate I 've heard from Public Works is that they hope to have that under construction later this year. Also, the West Valley Highway is, of course, being improved, anywhere from five to eight lanes wide from about James Street clear up to about the north city limits of Kent. Just to walk you through a little bit of the planning process we went through on a site of this nature, it' s quite large. It' s about 650 acres and I might add that includes the City-owned lagoon property which is on the right-hand side there, shown in blue. That' s about 70 acres, so we own about 570 or control about 570 ourselves but have taken on some of the conceptual design of that lagoon as well. Some of the things affecting this site are already gone over, some of the transportation improvements around it, some of the future things planned, existing lagoon on the right hand site, the Lakes, the residential to the south and, of course, there's some buffering requirements associated with that use. We have a school site down on the lower part of 64th Avenue, there's a drainage channel, a 100-foot easement that will be constructed which will be the main trunk system that will ultimately enter into the lagoon for the drainage system. The river on the west, there are some special requirements, the 1, 000 foot corridor that the City has implemented. Russell Woods, down on the Lakes side of 212th Street there. . .228th Street, also has. . . is an environmentally sensitive area. There's a Puget Power right of way that cuts across approximately the center of the property. There's already some existing development on the site. There are three plats actually, two short plats and a full subdivision plat have been recorded. Basically, the center of the property, there's some existing industrial/light distribution type uses. On the West Valley Highway, 228th Street side, the REI has just moved in with their corporate headquarters, and an 82 , 000 square foot office building. Also, there has been an approved preliminary plat for the parcel south of 228th, the 105 acres which was approved last fall sometime. When this was done, we did not own the site to the north, that's why it doesn't show up that way. There's an existing KOA Campground also up there, which we do not control. The stars or asterisks, those indicate key corners or prominent intersections that surround the site. This is a schematic of the Lakes property to the south just to show you some of the existing conditions and some of the somewhat unique things that are _. going on around that affect this site. 9 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 This is an aerial of the Lakes in its early stages of construction. Also the Green River and its location. As you get further north in the valley, this is primarily a diked system where the dikes are raised 10 or 12 feet above the surface and this area is not, it is an attractive amenity that we would like to take advantage of. The lagoon which I 've already mentioned also, I think, right now is not being utilized to its fullest capabilities and we think there is some tremendous opportunities there both in terms of wildlife, storm water detention as well as an amenity to development that would occur there. With those factors, we began mapping out all the site influences, if you will, of the property and trying to start shaping the land use patterns that should occur out there also given the things that were happening in the market which I will discuss in a few minutes. Starting out on a lower site, you see again as you enter the property both on 64th and West Valley Highway some prominent entryway points. The area in red has good access, good exposure which would start to indicate maybe some retail or commercial type activity should occur there. Major intersection of 212th and 228th and West Valley Highway seems to be also a good corner for that type of use such as office where REI has already located. You have the light industrial in the center, we want to take advantage of the areas along the river. So that would indicate, maybe a higher density--office or corporate campus type of use, between that and the industrial we need some buffering requirements, some kind of a buffering land use, which we will see later to gradually change those land use patterns. Up towards the lagoon, I think it suggests a need maybe to bring that feature into the site a little bit more, take better advantage of it. And then, along 212th Street, 64th, we see 212th Street as the 50 yard line of the valley and that is the highest entry point in the valley and that starts to suggest more major office structures, certainly not industrial of any type and retail/hotel and those types of uses. To touch upon the market, I think we are all aware that the industrial, industrialization of the valley, distribution, light manufacturing uses, but over the last few years we've seen a dramatic change toward other types of uses including pure office, high tech facilities such as Meteor Communications and so forth. And the Planning Department recognized this two or three years ago when they undertook the West Valley Planning study and identified areas of support services, higher density uses within the industrial area. This is a. . .three/four story office buildings, Boeing is located, also might add this is zoned Mi. The two eight-stories located next to it are also located within an industrial zone. Even the industrial buildings, the distribution is located in our Southcenter Corporate Park, a little further north in the valley, again, not the industrial uses that we've experienced 10 or 12 years ago in the valley, likewise, another one, much higher percentage of office than we use to experience. Just to go through then, I 've got several master plan 10 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 layouts, different schemes that we've gone through and all of them are fairly close in terms of use and where they are located. I will go through them briefly after I explain one of these and show you the differences. Again, what we are trying to do, on the center of the property, west of 64th and where the existing industries are located, CFS, Exotic Metals, Lindon Transports, others, we are trying to concentrate the heavier truck oriented businesses to the center of the property. Also trying to lay out the transportation network in such a way that we discourage the heavy truck traffic on the streets that would be servicing the higher employment density type uses. So, what we are trying to do is take most of the traffic, truck traffic, to 64th which will be the main feeder line out of here. on the West Valley Highway side, again, retail, we would probably come in for a future date asking for an MI-C on that corner when plans are further along than they are now. Office at the corner at 228th and West Valley Highway and all along 228th; REI is already there. We are working on an office transaction right now for the site next to it. An R&D transitional use north of that, we've also working on a basically an R&D project that we hope to start construction this year on that site. Because of the market transition, light industrial and distribution is still a strong part of our market. We do see a need for additional distribution sites to respond to the market, so we are looking at perhaps along 64th and along the southerly property boundaries of the site some additional light industrial there as well as pushing up north on the Puget Power right of way with industrial to respond to the market. Through the center of the property, you see the Puget right of way turned into a bike trail, pedestrian linkage that links the lagoon site with the Green River, ultimately connects to the east to the Interurban Trail. 228th Street is shown going across the river and then a boulevard that would connect 228th with 212th, that would occur at a later phase of development but we would see that as a major boulevard type of a street to help encourage the types of uses that we would like to see happen back there. When that interior street goes in we would suggest to the City that Russell Road be vacated from vehicular use. You have some extremely dangerous intersections particularly at 212th and turn that into a pedestrian related street and this one doesn't show but our later ones do. Also, coming off the boulevard you see approximately every, I think it' s every 500 feet, additional pedestrian connections to the river. The lagoon in this case was left in, the boundaries are currently owned by the City of Kent. Again, on the north, we are showing hotel, office, retail, special use, the highest use of the property. Going through these, very similar concept. This one has more light industrial than that shown on the last one. We have also taken some 11 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 liberties with the shape of the lagoon and starting to bring it into the site somewhat. In this case, we have eliminated Russell Road. A similar concept, a little less light industrial, more R&D separating office from the industrial; again 228th, also again at 212th between 64th and our Boulevard. And, again a different shape of the sewage lagoon. This is Scheme F: This is the one we are operating off right now, if you will. Again, very similar concept with the industrial, light industrial, in the center. In this case we have shown a penetration of the lagoon all the way to the river, will not make a physical connect--could be a piped connection for a secondary outlet. That is still being worked out, but, again, that type of treatment. And, then, Russell Road closed off except for some access that would have to be left open for the few existing properties that are back there. Also, this is a large master plan park, we've controlled things such as signage, we will have a uniform signage program throughout. The other key thing is architectural control. The other thing that we are going to be doing on. . .everywhere except for the existing industrial where we had predominantly traditional type uses with trucking out front, truck doors out front. We are going to eliminate truck dock high doors on street frontage sides. As we get into later phases of development that won't occur to the center, but on future phases as we go further south. Also, a very key component is the landscape treatment. We are going to set up a hierarchy of streets so that we can highlight those that are more important than others, more major. Those would be 228th, West Valley Highway, 64th, 212th and then the boulevard that would be built later. We've got some cross sections here of what we are planning to do and some of this depends on the City with medians and so forth and existing streets which has to be worked with the City, of course. This shows the top one, for example, is West Valley Highway and 212th which shows a 48-inch high berm, about a 40-foot landscape strip behind the property line, street trees, the sidewalks set off the back curb, 16-17 foot median, landscape median in the center which allows about a 4-foot landscape node so you have some reasonable distance there when the left-hand turn pocket narrows in. On the bottom, 228th Street--a similar treatment, in that case, double street trees since we control both sides of the road in that case. 64th Avenue, likewise a similar treatment. You notice on the left the drainage channel which is there, so that changes that somewhat. We are trying to take away the sharp edges of that so it does not look some much like a drainage ditch as it does today. On the bottom is the interior streets as Kent requires a 20-foot landscape strip now behind the property line, we are going to implement in our covenants a 25-foot landscape strip on the interior strips. A 39-inch high berm, 12 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 street trees and then we are going to put in a hedge which you can see on the left here which extends up the block, the cars as you drive down, almost totally screening the cars from view of the streets. I 've got some examples of this. This would be an example of 228th, 64th, West Valley Highway; double- row of street trees, sidewalks off the back of the curb, 40-foot landscape street, 48-inch high berm in total from the height from the sidewalk. You can see the median on the center of the street. More formal plantings along the street edge and then more informal plantings on the berm side. This could be 64th Avenue, very straight shot. This is an example of an interior street, these are shots taken of a park in Chicago, by the way. Again, not a particularly attractive industrial building, but the landscaping totally saves this project. It's a 39-inch high berm, the hedge behind there, you can just barely see the tops of the cars, that' s a 25-foot landscape strip. And that's looking at it from another direction. You can just barely see on the other side of the road, a very large industrial building. A 30-foot clear huge building that's pulled right up on the landscaping and about 30-foot back. It' s look very, very acceptable, all the trucking is on the back side. Again, just to go back and reference this and I 'm going to go through some of the landscaping on the boulevard. The boulevard will receive a treatment. This will be a later phase, something similar to this, a curb linear type of street with landscaping medians and so forth. This could be an example, let's back up here, that's not a bridge. Up there where the boulevard crosses over the water feature up there, something like that could be done. This again is out of that park in Chicago. This is just--it appears to be a bridge but its actually a culvert underneath the railing on top to give the perception or the feeling that it is a bridge. These are all possibilities. This, if you have a little vision, could be the Lagoon once its redevelopment, some passive recreational opportunities on one side. This likewise could be a more native, could allow for a wildlife habitat, perhaps a habitat on the other side, could also be possibility for along the river and places and so forth, wildlife. Not sure where this project is, but this is also an example of an office building under construction near a water feature. Again, the landscaping, this is a park actually in Oveland Park, Kansas, but, again, a similar type of development standards in places. This park is more of an office park than we would expect here at least for some time but, I think, that along 212th Street in the future this is certainly possible. Other office structures, some of the courtyards and turnarounds may be built. This is an example of a retail or quasi-retail type of a use, which happens to be a bank facility not unlike what we could envision along 212th or the West Valley Highway. 13 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 This is, again, just a little more detail layout, we haven't drawn buildings throughout but, you can see that REI 's building there on 212th and West Valley Highway. Adjacent to it is another office site, we are working on plans right now for that. Boulevard shown in and then this a blow-up of the intersection of 64th Avenue and 212th Street. The planned layout we have now is slightly different than what you see there but still conceptually very close. Sixty- fourth, as you pointed out, is not a full intersection at this time. Boeing, I think, has plans to match to that intersection with their driveway, not at this time, as they do additional work so it will affect the full intersection. Although one spoke would be private drive. We would envision other major office types of developments perhaps on the waterfront. Some other types of commercial uses in the future as well as the hotel. That's it for the slides. Do you have any questions on that. VanDerbeek: No, I don't think so. Thank you. KnaAA: Talk a little bit specifically about the rezone and the site itself. It's about. . .a little over seven acres. I think the dimensions here is about 510 feet, about 670 feet deep. It is about a 150 room hotel. On this drawings it's envisioned to be two-story, that could change but at this time it is shown two-story. But when we get further into the site plans it could be taller than that. About 8, 000 square foot restaurant pad at the intersection of 212th and 64th Avenue. Again, the 40-foot wide landscape strips, we would have a major monument entryway sign into our development at this intersection. We are proposing just two curb cut breaks at this time, and they can be for right hand only here, we are still analyzing that. The hotel itself will be limited restaurant facilities in the hotel, probably a coffee shop at this time. Most of the main food service would come out of this, it would be a quality restaurant. There would be some meeting room in the hotel as well. Parking will be laid out around the rooms, also a good amount of parking, about (unclear) stalls that would service the restaurant. A few other comments, I guess, that relate to the staff report. I guess what we are requesting at this time--the M1-C allows a number of uses from various commercial uses and a hotel being included. We are not seeking to do anything there beyond the hotel and the restaurant at this time and we would be more than willing to accept a limit to that use only, to those uses only at this time. We have no plans to put any strip commercial center or anything of that nature. Also, we would be willing to agree to a time requirement some reasonable time requirement; if the hotel were not to commence construction within that time frame that the zoning would revert back to the underlying Mi. 14 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 Talked a little bit about the nodes that are created, there are three nodes created by the new zoning action in Kent or the new Comprehensive Plan that was changed about a year ago. They are at 180th, 212th and 228th. The one at 212th, at least conceptually on their map, is much larger than the other two nodes. If you analyze the three nodes, starting at 180th, of that circle, half of it is not within the City of Kent, a quarter of it's in Renton, a quarter of it's in Tukwila. Beyond that, the one's that are in Kent, one node is actually within the Green River which is on--where the river cuts in very close to the intersection so there is no retail opportunities there and the other side has the existing gas station and the old Orillia school so the opportunities there are limited. As you get down to 228th Street, likewise we have REI on one corner, a new building; Laing Corporate Park on the one corner, one other corner, which is a relatively new project, and the AT&T facility on the third quadrant, so that only leaves one quadrant available for retail and that would be within our park and we do plan, in the future, probably to bring in a request in for that one. At 212th, likewise you have the Boeing which occupies one corner; you have the school on the second corner; you have a new, relatively new project on the southeast corner--the O'Donnell Business Park and a gas station and the fourth corner there is already M1-C has been rezoned and I should add that that M1-C rezone abuts our property or it's separate only by 64th Avenue, comes up to our site. So, I guess the point is that there are limited opportunities for retail even with the new code, there are only two corners along the entire West Valley Highway right now that the MI-C would be available to. . . Terms that have been referenced several times is strip commercial development, we have no intention of developing strip commercial development and I think some of the slides and plans we show would hopefully indicate that. This is anything but a strip commercial development. Also, I guess the other item was dealing with traffic. I guess I would debate whether or not your increase in traffic from what is allowable out there because this use, hotels do not impact on the peak hour traffic much at all. In fact as far as allowable uses, we could presumably build twin eight-story office towers on this site and, which has tremendously more traffic impact than a hotel use. Most of the hotel use is off peak-hour traffic. I don't have the traffic figures with me that were pulled out of the ITE manual but they are in the EIS checklist and they are not very significant at all. In fact, there are a number of industrial uses out here that would exceed the traffic impacts of this particular use. I guess just one other comment, the staff report suggests taking a what and see attitude until some of the improvements are in. Since we are paying for most of these improvements that are going in, we would rather not wait and see what happens until they get in, we are paying a substantial amount of West Valley Highway lid, several miillion dollars; 64th Avenue we will pay a major portion of, S. 228th Street, across the river, as well as on site, we will pay a major portion of 15 Hearing Examiner verbatim Minutes Van Doren's Landing II #RZ-88-2 and in some cases have already paid major portions. So we would prefer not wait until they are built before we respond. Assuming that you approve this rezone request, some of the comments have no problems with most of the comments within the staff report, the conditions; the only one that is on some of the LIDS that we agree, we have no problems with those provided they are in conformance with the new State law 1817 which would amend some of the no-protest LID covenant language. I think that's all my comments unless you have any questions. VanDerbeek: No, I don't think I do, thank you very much. Any further comments from the applicant, anyone else on behalf of the applicant. No? Any public testimony in questions with this proposal? (1-2901) Chris Crumbaugh: My name is Chris Crumbaugh, attorney, PO Box 90, Renton, I represent Corporate Property Investors. They are the property owners, I don't have the view graph, they are the property owners to the east of the site, who are developing Green River Square. That, as stated, was the first rezone done under the new M1-C zone. I participated extensively in the development of the Comprehensive Plan change to allow these M1-C zones at these key nodal intersections from the time of its inception until it was passed through the City Council. Additionally, I participated in the rezone of the Corporate Property Investors site at Green River Square. I find myself in an unusual position here today. Speaking against a project. My comments are not going to be against Union Pacific Railroad and Upland Industries. They are very good developers and they have a marvelous proposal to the south. We have a concern, though. When this zoning was being adopted, it was clearly stated policy of the staff, the City Council, and all their people that approved this, that this was to be limited to these key intersection areas. We, at the time, had argued and fought for expansion of this zone. There have been many applicants come to the City of Kent and request conditional use permits and that was a big item at the time this was adopted. They were requesting conditional use permits for retail use along 212th. We didn't succeed in our comments and arguments at that time and it was definitely limited to the intersection areas on West Valley Highway when they adopted the Comprehensive Plan Amendment. I don't have much disagreement with the staff report. In fact, we pretty much support the staff report. Again, the area shown on the Comprehensive Plan for allowing this development are 180th, 212th and 228th. Those are the intersection areas of West Valley Highway, not other streets, it's West Valley Highway. I guess I don't have any further comments other than to say that we have gone ahead and got our rezone and developed our project based upon the Comprehensive Plan and the Zoning Ordinance that was adopted and it would impact us if now we were going to expand wildly the interpretation of that. . .those laws to now allow development of this type all up and down 212th. Thank you. 16 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 VanDerbeek: All right. Thank you for your comments. Further public testimony. Rebuttal comments from staff. I thought of another question for staff, too? That I will just ask now and you can either answer it now or answer it later during the rebuttal period. How far from the intersection of 180th is the development known as Home Club Warehouse that was supposed to be an industrial uses but is clearly a commercial/retail use? -- (1-3104) McCormick: Oh, its got to be a mile. . . VanDerbeek: Twelve hundred feet? McCormick: A mile. It's about a mile, from 180th, 180th South, but that's on East Valley not West Valley. VanDerbeek: Right, no, I understand that, but I just remember some very similar arguments in connection with that rezone proposal, that's why I don't. . .a quarter of a mile, all right. All right. McCormick: O.k. I would just like to start out with a few general comments about the Uplands projects and the City of Kent. If you've had an opportunity to drive through there, you'll notice they are a very high quality. . .high quality developer, a very good neighbor in the City of Kent. Many of their development standards exceed what the City requires in terms of landscaping, both on the street and internally. So, the City can only say good things about the projects that Uplands has developed in the City of Kent. But, still the staff's feeling on this particular rezone and not. . .staff' s not taking the position that this would constitute a strip commercial development. You know, we have confidence in Uplands that they would provide another quality development but its more the precedent that it sets extending that M1-C node beyond the original intention and what is actually indicated on the Comprehensive Plan that might open the door, if you will, to future requests of a similar nature extending that M1-C zone in all directions from the designated intersection for the C suffix zone. And, I guess that concludes staff 's rebuttal. VanDerbeek: All right. I just have a question. One thing that was suggested by the applicant in the event that I deemed it appropriate to recommend approval of the rezone request was an indication that if construction was not commenced on this particular project within a certain period of time that the zoning would revert back. I was just wondering if staff has any opinion on that suggestion and, if so, what is that opinion? And, specifically, what would staff deem to be an appropriate time frame? McCormick: Myself, I don't have an opinion on a time frame that would be realistic for Uplands to meet. I don't know. . .a year, I guess that would be a nice round figure. 17 Hearing Examiner Verbatim Minutes Van Doren's Landing II #RZ-88-2 VanDerbeek: All right, thank you. Any further rebuttal comments from the City. Any rebuttal comments from staff. . .City staff, I should - say? Any more comments on traffic or anything. Morris: I would just like to comment. Ken Morris, City Traffic Engineer. I would just like to comment on the use. A retail establishment such as a restaurant will attract a certain amount of traffic that is already on the system and in our trip generation calculations, we did take that into account that there would be a certain percent passing traffic. However, a hotel, if someone lives and works in the area, they're typically not going to go and stay at a hotel, so it is attracting people from outside the area, more than using that passing traffic on the arterial and so the percent passing traffic just there that is going to hotel facility is going to be relatively small. VanDerbeek: All right, thank you for your comments. Any rebuttal comments from the applicant or the applicant' s representative. Knapp: Just one and that on the time frame, one year would be a little bit tight with the. . . if the Hearing Examiner would going to go that way, it's. . . By the time you get the project together and designed and so forth, I would like two years would be a minimum to be reasonable time frame. Other than that, I have no comments. VanDerbeek: All right. Thank you for your comments. At this time I will closed the public hearing with respect to RZ-88-2 , Van Doren' s Landing II. I will issue my written findings of fact and conclusion of law within 14 days of today's date. 18 KENT PLANNING AGENCY STAFF REPORT _. FOR HEARING EXAMINER MEETING OF MAY 41 1988 FILE NO: #RZ-88-2 VAN DOREN'S LANDING II APPLICANT: UPLANDS INDUSTRIES REQUEST: Rezone 7. 1 acres of land from M1, Industrial Park, to M1-C, Industrial Park-Commercial Suffix. STAFF REPRESENTATIVE: Greg McCormick STAFF RECOMMENDATION: DENIAL I. GENERAL INFORMATION A. Description of the Proposal The applicant is requesting a rezone of 7 . 1 acres of land from a current zoning designation of M1, Industrial Park, to M1-C, Industrial Park-Commercial Suffix, to allow the development of a motel/restaurant complex. B. Location The property is located on the south side of S. 212th Street, approximately 1, 200 feet west of West Valley Highway. C. Size of Property The site is approximately 7 . 1 acres in size. D. zoning The current zoning designation for the property is M1, Industrial Park. E. Comprehensive Plan The City of Kent first adopted a City-wide Comprehensive Land Use Plan in 1969 . The goals, objectives and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the Sphere of Interest. The Comprehensive Plan is used by the Mayor, City Council, City Administrator, Planning Commission, Hearing Examiner and City departments to guide growth , development , and spending decisions . Residents, land developers, business representatives and 1 Staff Report Van Doren' s Landing II #RZ-88-2 others may refer to the plan as a statement of the City's intentions concerning future development. The City of Kent has also adopted a number of subarea plans that address specific concerns of certain areas of the City. Like the City-wide Plan, the subarea plans serve as policy guides for future land use in the City of Kent. This site lies within the area covered by the Valley Floor Plan. This Plan also includes goals, objectives, and policies which apply to the area and complement the overall City-wide Comprehensive Plan. The following is a review of each of the above referenced Plans as they relate to the proposed rezone. CITY-WIDE COMPREHENSIVE PLAN ECONOMIC ELEMENT OVERALL GOAL: PROMOTE CONTROLLED ECONOMIC GROWTH WITH ORDERLY PHYSICAL DEVELOPMENT, RESOURCE CONSERVATION AND PRESERVATION. GOAL 2 : Assure retail and commercial developments are in suitable locations. Objective 1: Minimize adverse physical impacts of strip commercial development. Policy 3 : Restrict strip commercial development to areas already so developed. Planning Department Comment In September 1986, the Kent Planning Department completed the West Valley Industrial Study which examined the changing trends of development in the west valley area. The study reviewed the Comprehensive Plan, zoning, transportation policies, the surface water utility, recent industrial development, and potential areas of conflict. In response to the findings of this study, staff set forth alternative policy directions for zoning in the west valley. The alternative that was ultimately adopted and implemented through amendments to the Zoning Code, was the establishment of a commercial overlay zone. The study identified nodes at the intersection of West Valley Highway and the major east/west arterials. These nodes were determined appropriate locations for more intensive commercial uses than were allowed under the M1, Industrial Park, zone. These nodes were not tied to specific property lines, however. One concern the staff had was the potential of a strip commercial situation being created if the Ml-C zoning were extended along the roadways. The planning staff feels that extending 2 Staff Report Van Doren's Landing II #RZ-88-2 the commercial suffix zone 1,200 feet from the intersection goes beyond the scope of the M1-C overlay zone. CIRCULATION ELEMENT OVERALL GOAL: ESTABLISH A BALANCED, SAFE AND EFFICIENT TRANSPORTATION SYSTEM FOR ALL MODES OF TRAVEL. GOAL 1: Assure the provision of safe and efficient routes and terminal facilities for vehicular traffic moving within and through Kent. Objective 1: Provide adequate trafficways for both local and through traffic, separating the systems when possible. Policy 1: Provide better and easier east-west traffic flow. Planning Department Comment The City Traffic Engineer has commented that the current average daily traffic count on S. 212th is approximately 29,900 trips per day. The current level of service of the intersection of 212th and West Valley Highway is "F" . This project is estimated to generate an additional 1, 472 daily traffic trips and an additional 121 p.m. peak hour traffic trips. This will further burden the road network in the vicinity and add to a very congested situation particularly during the peak hours. The City is currently going through the environmental review process for intersection improvements at 212th and West Valley Highway. These improvements include additional turn lanes, acceleration and deceleration lanes on 212th and West Valley Highway. Work is scheduled to begin later this year on this project. On a broader scope, improvements to West Valley Highway from James Street north to approximately 190th are planned and have through the environmental review process. These improvements will consist of additional through lanes, turning lanes, and deceleration/acceleration lanes. VALLEY FLOOR PLAN ECONOMIC ELEMENT OVERALL GOAL: PROMOTE CONTROLLED ECONOMIC GROWTH WITH ORDERLY PHYSICAL DEVELOPMENT, RESOURCE CONSERVATION AND PRESERVATION. 3 Staff Report Van Doren' s Landing II #RZ-88-2 GOAL 2 : Assure suitable locations for commercial developments. Objective 1: Minimize adverse physical impacts of strip commercial developments. Policy 1: Encourage planned retail commercial business developments. Planning Department Comment As discussed in the section above, the proposed rezone goes beyond the scope of the original M1-C zoning boundaries. The extension of commercial uses in a lineal fashion from the designated commercial nodes would set the precedent of creating strip commercial areas in this part of the City. This area of west valley has a number of large employers including the Boeing Company which is located directly north of the proposed rezone site. Boeing employs a large number of people at this location. The intersection of West Valley Highway and 212th currently operates at a level of service "F" . The additional traffic generated by a commercial development would further aggravate the present traffic situation. Additional Comments The basic function of the Comprehensive Plan is to guide land use decisions by anticipating and influencing the development of land and to ensure that the health, safety, and general welfare of the citizens of the community are safeguarded. The Kent Fire Chief has made the following comment concerning the requested rezone: "Currently there is inadequate pumping and staff capacity in this area for emergency response. This comment is based on the fact that there is no full time staffed engine on the north end and the increased calls for service, simultaneous and back-to-back alarms are significantly reducing our ability to respond in a timely fashion. Although some fire protection can be built in, such development will continue to place a strain on our ability to provide an adequate level of service. This zoning in itself is not the only demand. Construction over the last five to six years has all contributed to an increased level of demand for service. " 4 Staff Report "m Van Doren's Landing II #RZ-88-2 II. HISTORY A. Site History The subject site is currently vacant. The site was annexed to the City of Kent in 1959 as part of a 1,900 acre annexation. INitially, the property was zoned MA, Industrial Agriculture. The site was reclassified in 1973 to M1, Industrial Park, with the adoption of the present Zoning Code. B. Area History Historically, agriculture dominated as the land use in the valley area. The Boeing Company was developed directly north of this site in 1965. Since that time a number of industrial developments have occurred in the west valley area. The first rezone (#RZ-87-1) utilizing the M1-C overlay zone was approved in 1987 for the property immediately adjacent to the east of the subject property. The project known as Green River Square, will consist of retail stores, a restaurant, motel, convention center, and automobile center. Recently the City received development plans for the first multitenant commercial building within the Green River Square complex. III. LAND USE The site is currently vacant. Land uses in the vicinity include the following: North - Boeing Company South - Vacant, King County Humane Society, Kent Sewer Lagoon East - Vacant, however the City has received development plans for Phase I of the Green River Square development. West - Vacant, existing recreational vehicle park IV. ENVIRONMENTAL CONCERNS A. Environmental Assessment A Mitigated Determination of Nonsignificance was issued March 31 1988 for the proposed rezone with the following conditions: 1. The developer of the Van Doren' s Landing Rezone II shall do a traffic study to identify all traffic impacts upon the City of Kent road network and traffic signal system. 5 Staff Report Van Doren's Landing II #RZ-88-2 The study shall identify all intersections at level of service "E" or "F" or which will be at level of service "E" or "F" due to increased traffic volumes from the development. These intersections are at a threshold level for traffic mitigation. The study shall then identify what improvements are necessary to mitigate the development impacts thereon. Upon agreement by the City with the findings of the study and mitigations measures outlined in the study, implementation and/or construction of said mitigation measures shall be the conditional requirement of the issuance of the respective development permits. In lieu of conducting the above traffic study, constructing and/or implementing the respective mitigation measures hereby, the developer may agree to the following conditions to mitigate the traffic impacts due to the Van Doren's Landing Rezone II development. A. The developer shall execute an environmental mitigation agreement (in the form of a no-protest LID agreement) to participate in the formation of an LID to construct the S. 224th/228th Street corridor project. The minimum benefit to the above development is estimated at $25,480 based upon 26 p.m. peak hour trips entering and leaving the site and the capacity of the S. 224/228th Street Corridor. The execution of this agreement will serve to mitigate traffic impacts to the above mentioned intersections and road system by committing funding for the S. 224th/228th Street Corridor which will provide additional capacity for traffic volumes within the area of the above mentioned development. B. The developer shall execute an environmental mitigation agreement (in the form of a no-protest LID agreement) to participate in the formation of an LID to construct the S. 192nd/196th Street corridor project. The minimum benefit to the above development is estimated at $38, 400 based upon 64 p.m. peak hour trips entering and leaving the site and the capacity of the S. 192nd/196th Street corridor. The execution of this agreement will serve to mitigate traffic impacts to the above mentioned intersections and road system by committing funding 6 Staff Report -- Van Doren's Landing II #RZ-88-2 for the S . 192nd/196th Street corridor which will provide additional capacity for traffic volumes within the area of the above mentioned development. 2 . The developer shall agree to participate in the construction of a traffic signal at the intersection of West Valley Highway and S. 216th Street when traffic signal warrants are met. 3 . The developer shall execute a no protest LID covenant for the installation of street lights along S . 212th Street. 4 . The construction of 64th Avenue S. is also necessary to adequately handle the traffic generated by the proposed project. A no protest LID agreement shall be executed for the construction of 64th Avenue S. Said agreement will stipulate minimum benefit assessments to be adjusted annually for inflation from here on. The improvements will include pavement, four-lanes with left-turn pocket at S. 212th Street, curb and gutter, sidewalks, storm drainage, street lights, underground utilities and related appurtenances. 5. The owner shall agree to participate in a proposed ULID to construct a regional storm water detention facility capable of providing at least 275 acre feet of live storage together with the necessary conveyance channels, etc. in accordance with the City' s Comprehensive Storm Drainage Utility Plan. Said agreement shall stipulate a minimum benefit assessment amount to be adjusted annually from here on for inflation. B. Significant Physical Features 1. Topography and Hydrology The site is relatively flat with slopes of less than two (2) percent. There are no apparent hydrologic problems with the site. 2 . Vegetation The site is currently undeveloped and covered with native grasses, shrubs, and trees. When development occurs on this property the native vegetation will be replaced with formal landscaping to meet Zoning Code requirements. 7 Staff Report Van Doren's Landing II #RZ-88-2 C. Significant Social Features 1. Street System The subject property has access to S. 212th Street which is classified as a minor arterial. The street has a public right-of-way width of 80 feet while the actual width of paving is 58 feet. The street is improved with five lanes of asphalt paving and curb and gutter. The average daily traffic count on the street is 21, 900 vehicle trips per day. 2 . Water System An existing 12-inch water main adjacent to the property in S . 212th is available to serve the subject property. 3 . Sanitary Sewer System An existing 12-inch sanitary sewer in S. 212th and a 36-inch line in 64th Avenue S . are available to serve the subject property. 4 . Storm Water System If the rezone is approved and this development occurs, the developer will be required to participate in ULID #1 which is to construct a regional storm water detention facility. 5. LID's The subject property is covered by the following LIDS: Existing LID' s - ULID #1 - Storm water detention . facility Proposed LID' s - 306 - Storm drainage & detention 330 - Street Improvements V. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: City Administrator City Attorney Director of Public Work Chief of Police Parks & Recreation Director Fire Chief Building Official City Clerk 8 Staff Report Van Doren's Landing II #RZ-88-2 In addition to the above, all persons owning property which lies within 200 feet of the site were notified of the application and of the May 4, 1988 public hearing. Staff comments have been incorporated in the staff report where applicable. VI. PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this application in relation to the Comprehensive Plan, present zoning, land use, street system, flood control problems and comments from other departments and finds that: A. The City Wide Comprehensive Plan Map designates the subject property as I, Industry. The Valley Floor Plan Map designates the property as IBP, Light Industrial/Business Park. B. The site is currently zoned M-1, Industrial Park. C. The site is currently vacant, surrounding land uses include industrial, vacant, quasi-public, and recreational vehicle park. D. The site has access to S. 212th Street which is classified as a minor arterial. E. There are no apparent flood control problems on the site. F. The following standards and criteria shall be used by the Hearing Examiner and City Council to evaluate a request for rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. 1. The proposed rezone is consistent with the Comprehensive Plan. 2 . The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. 3 . The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. 9 Staff Report Van Doren's Landing II #RZ-88-2 4 . Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. The staff has responded to these statements and made the following findings. 1. The proposed rezone is consistent with the Comprehensive Plan. Planning Department Finding The City-Wide Comprehensive Plan Map designates the subject property as I, Industry while the Valley Floor Plan Map designates the property as IBP, Light Industrial/Business Park. As a result of the West Valley Industrial Study, The City has added the C-Suffix nodes to the Valley Floor Plan Map which identifies the intersections that have designated as appropriate locations for commercial development. The intention of this overlay zone was to concentrate the commercial development at the identified intersections and not to extend the commercial designation in such a way as to create a strip development situation in the valley. Although the boundaries of the M1-C overlay zone are not well defined, the subject property is 1, 200 feet from the intersection designated as a potential commercial node. 2 . The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Department Comment As noted in the Land Use Section of this report, the surrounding land uses are a mixture of industrial, vacant land, proposed commercial, and a recreational vehicle park. The proposed commercial development on the southwest corner of S. 212th and West Valley Highway will consist of a restaurant, motel, convention center, retail shops, and auto center. The proposed development would be consistent with proposed land uses to the east of the subject property but would encourage a long strip commercial development along South 212th Street rather than a compact commercial node which was the original intent of the Ml-C zoning designation. 3 . The proposed rezone will not unduly burden the transportation system in the vicinity of the property 10 Staff Report Van Doren' s Landing II #RZ-88-2 with significant adverse impacts which cannot be mitigated. Planning Department Comment The City Traffic Engineer has estimated that the proposed development would generate approximately an additional 1,472 daily traffic trips and an additional 121 p.m. peak hour trips. The current traffic count on 212th is 21,900 trips per day. The current level of service of the intersection of 212th and West Valley Highway is "F" . The additional traffic generated would further burden the transportation system in the valley and would add to an already congested situation particularly during the peak hours. The City is currently in the pre-construction phase of major intersection improvements to the intersection of 212th and West Valley Highway. The planned improvements will include an additional left turn lane north and southbound, right turn lanes and an additional through lane. More extensive improvements are planned for West Valley Highway between James Street and 190th which will improve traffic circulation in the area. Granting this rezone before these improvements are made and their effectiveness analyzed would be premature. 4 . Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Department Finding The current zoning designation was established in 1973 with adoption of the current zoning code. Since 1973 , the valley has changed dramatically. An area that was once agriculturally oriented has evolved into a rapidly growing, viable industrial area. Recognizing the change and the need to address the changing complexion of the west valley area, the planning staff undertook the West Valley Industrial Study in 1986 which looked at the changes that have occurred in the valley. The study identified alternative approaches to address the changes. The ultimate outcome of the study was that several zoning code amendments were adopted to implement the adopted alternatives. The requested rezone goes beyond the intended scope of the subsequent amendments. Although the development appears to be a high quality project and would be a welcome addition to the city, this rezone is premature. The City would like to adopt a "wait and see" attitude about expanding the M1-C designation until the impacts of allowing commercial nodes into this area can be evaluated and the West Valley Highway improvements are made. _. 11 Staff Report Van Doren' s Landing II #RZ-88-2 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Department Finding The proposed rezone would not appear to adversely affect the health, safety, and general welfare of the citizens of Kent. However, the undesirable precedent that this rezone would set in terms of the promotion of strip commercial development along 212th would adversely affect the transportation system in the area and would likely adversely affect people travelling in this area of the City. VII. CITY STAFF RECOMMENDATION After reviewing the merits of the requested rezone in light of applicable plans, goals, policies, objectives, and comments from other departments, the Kent Planning staff recommends that the requested rezone be DENIED. KENT PLANNING DEPARTMENT April 22, 1988 12 t- CONSENT CALENDAR 3 . City Council Action: n Councilmember -� _ moves, Councilmem e seconds that Consent Calendar Items A through e a pr ved. Discussion Action 3A. Approval of Minutes . Approval of the minutes of the regular Council meeting of June 21, 1988 . 3B. Approval of Bills . Approval of payment of the bills received through July 7, 1988 after auditing by the Operations Committee at its meeting at 8 : 30 a .m. on July 15 , 1988 . Approval of checks issued for vouchers : Date Check Numbers Amount 6/9 - 6/15 61711 - 61723 6/16 - 6/27 62030 - 62059 $ 167, 623 . 39 6/15 61724 - 62029 1, 116 , 351 . 99 Approval of checks issued for payroll : Date Check Numbers Amount 6/20/88 105564 - 106193 $ 632, 671. 27 Council Agenda Item No. 3 A-B Kent, Washington June 21 , 1988 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Kelleher at Kent United Methodist Church. Present: Council- members Biteman, Dowell, Houser, Johnson, Mann, White and Woods, City Administrator McFall, City Attorney Driscoll, Planning Director Harris and Public Works Director Wickstrom. Also present: Fire Chief Angelo and Police Chief Frederiksen. Finance Director McCarthy was not in atten- dance. Approximately 50 people were at the meeting. CONSENT CALENDAR HOUSER MOVED that Consent Calendar Items A through S be approved, with the exception of Item C which was removed by Councilmember Biteman and Item S which was removed at the request of City Administrator McFall . White seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of June 7 , 1988. WATER (CONSENT CALENDAR ITEM 3J) Clark/Hango Agreement. ACCEPTANCE of the Clark/ Hango Water System improvement agreement and author- ization for the Mayor to execute same , as approved by the Public Works Committee. (CONSENT CALENDAR ITEM 3M) Public Works Trust Fund (Kent Springs Transmission Main) . ACCEPTANCE of the amended agreement and authorization for the Mayor to execute same, as approved by the Public Works Committee . STREETS (CONSENT CALENDAR ITEM 3F) Cornucopia Days Street Use Permit. ADOPTION of Ordinance 2784 granting a street use permit to the Kent Lions Club for a public festival called Kent Cornucopia Days . ( CONSENT CALENDAR ITEM 3K) LID 297 - Assessment Nos. 3 and 18. AUTHORIZATION for the City Attorney to prepare a resolution to segregate Assessment No. 3 and Assessment No. 18 on LID 297. (CONSENT CALENDAR ITEM 3L ) _Puget Power Agreement. ACCEPTANCE of the Puget Power Agreement for the Smith Street underground power conversion, and authorization for the Mayor to execute same, as approved by the Public Works _. Committee. - 1 - June 21 , 1988 FIRE (CONSENT CALENDAR ITEM 3N) Ring County Fire District #37 Contract Amendment. AUTHORIZATION for the Mayor to sign the amendment to the agreement for services with King County Fire District #37. RESIDENTIAL Residential Recycling. City Administrator McFall RECYCLING noted that the Council had authorized him to nego- tiate with Kent Disposal (Rabanco) for a contract for residential recycling and that the City Attorney has prepared a contract for the Mayor ' s signature. WHITE MOVED to refer the matter to the Operations Committee for consideration and recommendation to the Council. Mann seconded and the motion carried. ANIMAL CONTROL (CONSENT CALENDAR ITEM 30) Dangerous and Potentially Dangerous Dogs. ADOPTION of Ordinance 2787 regulating dangerous and potenti- ally dangerous dogs . POLICE (CONSENT CALENDAR ITEM 3P) Sergeant Position. AUTHORIZATION to create an additional Sergeant ' s position within the Detective Unit. (CONSENT CALENDAR ITEM 3Q) WTSC Grant Funds. AUTHORIZATION to use WTSC grant funds for an additional part-time position for the Drinking Driver Task Force. CITY PROPERTY (CONSENT CALENDAR ITEM 3R) Sale of Property Adjacent to Golf Course. AUTHORI- ZATION to sell five acres of commercial property adjacent to the Riverbend Golf Course at the corner of Russell and Meeker. This property was reserved out of the Golf Course Project for future commer- cial development. The City Administrator has nego- tiated the sale of the property to Young Development and Construction Company for the purpose of construc- tion of a hotel/motel and other compatible uses . Sale price is $5. 50 per square foot. (CONSENT CALENDAR ITEM 3S) REMOVED BY CITY ADMINISTRATOR MCFALL Surplus Property - North of S. 244th Street. AUTHOR- IZATION for the Public Works Department to have an appraisal made of City-owned property north of S . 244th between Summit and 94th Avenue, in order to start the process to declare the property surplus. At McFall ' s request, the word appraisal was changed - 2 - June 21 , 1988 CITY PROPERTY to evaluation and JOHNSON MOVED to approve this item, with the change. Mann seconded and the motion carried. HEARING EXAMINER Amendment to Ordinance 2233 - Hearing Examiner. The Hearing Examiner has requested that Ordinance 2233 , Section 14 , be amended to enable Hearing . Examiner decisions including findings and conclu- sions to be sent to the applicant and other parties of record via first class mail rather than by certified mail . This change would save the City the extra postage and staff time expended in pre- paring certified mailings. WOODS MOVED to amend Ordinance 2233 , Section 14 as recommended by the City Council Planning Committee and to instruct the City Attorney to prepare the amending ordinance. Biteman seconded. Driscoll clarified for White that State statutes would allow this change and the motion carried. AUTOMATION PLAN (CONSENT CALENDAR ITEM 3D) General Government Software Contract. AUTHORIZA- TION for the Mayor to sign a contract with Manage- ment Advisory Group, not to exceed $350, 000, sub- ject to the approval of the City Attorney. ( CONSENT CALENDAR ITEM 3E) ACCESS/WACIC/NCIC Agreement. AUTHORIZATION to sign an agreement between the State and the Police Department for establishment of a computer to com- puter interface. ANNEXATION ZONING (CONSENT CALENDAR ITEM 3C) REMOVED BY COUNCILMEMBER BITEMAN LeBlanc Annexation. Councilmember Biteman requested that the ordinance for the zoning of the LeBlanc Annexation be postponed until the next Council meeting. Mr. Coluccio stated that he would like to have time to meet with the Public Works and Plan- ning Departments to clarify the matter of the roads . BITEMAN MOVED to postpone this item to the July 5 meeting. Dowell seconded and the motion passed. VALLEY FLOOR PLAN (CONSENT CALENDAR ITEM 3H) MAP AMENDMENT Valley Floor Plan Map Amendment. ADOPTION of Resolution 1170 incorporating the amendments to the Valley Floor Plan that were recommended in the East Valley Study. ZONING CODE (CONSENT CALENDAR ITEM 3G) AMENDMENT Adult Entertainment. ADOPTION of Ordinance 2785 amending the Zoning Code to add adult entertainment establishments to the list of adult uses. - 3 - June 21 , 1988 ZONING CODE (CONSENT CALENDAR ITEM 3I ) AMENDMENT East Valley Study. ADOPTION of Ordinance 2786 incorporating the recommendations from the East Valley Study for amendments to the Zoning Code. These include: ( 1 ) establishing a landscape corri- dor along East Valley Highway, ( 2 ) changing the front yard setback in the M2 zone, ( 3 ) instituting screening requirements for dock-high loading areas in M2 and M3 zones , ( 4 ) establishing transition area requirements in the East Valley, and ( 5 ) clarif- ication of solid waste use regulations . 20 Percent Reduction in Multifamily Density. Mayor Kelleher noted that on March 15, the City Council referred the Planning Commission ' s recommendation for a graduated scale reduction in Multifamily den- sities to the City Council Planning Committee. The Planning Commission recommendation also included maintaining Single Family Residential guidelines in new annexations, reviewing the CBD to consider increasing densities in that area and reviewing "overzoned" areas in the City to examine whether those areas should be reconsidered. The Planning Committee reviewed the Planning Commission ' s recommendation at their meetings of April 19, June 7 and June 21 . Councilmember Woods, Chair of the Planning Com- mittee, MOVED for an ordinance to be prepared to reduce Multifamily densities of the Kent Zoning Code per the Planning Commission' s recommendation, including an addendum to the 6-16-88 Multifamily Density Memo. Biteman seconded. Woods explained that the addendum, adopted by the Planning Com- mittee today and distributed this evening, provided for adding Sections A. 1 , C and D to the Planning Commission ' s recommendation, as follows : A.l. Interim Measure The 20% "graduated scale" reduction city-wide is intended to be an interim measure which would remain in effect until the completion and adoption of the area-by-area residential analysis described in section C, below. C. Area-by-Area Residential Study The Planning Department staff is directed to conduct an update of the Housing Element of the city's comprehensive plan. Within this context, an area-by-area analysis of multifamily residential density „would_ ' be completed for, the East Hill, West Hill, and Valley Floor planning areas. This analysis would determine areas which are appropriate for density increases (or potentially new multifamily areas) and those that are appropriate for density 4 - June 21 , 1988 ZONING CODE reductions. The goal of the analysis would be to achieve an AMENDMENT 'average"•:20% reduction overall. In addition, this study would explore ways of encouraging, new single-family development and -- protecting existing single-family neighborhoods. The results of this area-by-area study would be implemented through zoning amendments to be;.initiated within one year. g_ Following action of the City Council on the interim reduction policy, sthe Planning Department will work with:'the City Council'•'-to develop a 'work'.program"for*the* area-by-area inaiysis outlined in section"C, above: Woods noted that there have been many changes since Resolution 1123 was sent to the Planning Com- mission approximately 18 months ago. Input had been received from groups of citizens as well as businesses and compromises have been made. She pointed out that the 20% reduction scale was to be an interim measure until the area by area study is completed and acted upon. Upon the Mayor ' s request, Harris explained the actual reductions proposed for each classification of multiple zoning. Bill Carey of 11236 S.E. 244th, stated that when his area was annexed to the City, the zoning was downgraded, making it impossible to sell his land for development. He concluded therefore that it appeared that the City was already implementing . the 20% reduction proposal. He stated that traffic congestion and overcrowding of schools was caused by those outside the City as well as inside, and this City action would not solve the problem. He noted that housing had to be affordable and that for many, this meant apartments . Carey compared the differences in the zoning assigned to the LeBlanc Annexation with that of the East Hill Annex- ation. He filed a map showing the properties on S.E. 244th and on S.E. 240th between 112th S.E. and 114th S.E. comparing the zoning shown on the Comprehensive Plan and the Soos Creek Plan as well as the City ' s current zoning. He stated that the Hearing Examiner did not comply with the Comprehen- sive Plan when recommending the zoning for Area C of the East Hill Plan. He referred to Ordinance 2469 relating to the zoning of annexed areas . Johnson noted that consideration had to be given to both the property owner and to the wishes of the other residents of the area. Mann noted that the proposed reductions would be as follows: 5 June 21 , 1988 ZONING CODE MRH reduced from 40 to 28 units AMENDMENT MRM reduced from 23 to 19 units MRG reduced from 16 to 14 units MRD reduced from 10 to 9 units He pointed out that although developers did not con- sistently build to the hig:zest density allowed, this reduction would insure lower densities . He pointed out that the Council had kept an open mind and had done its homework on this issue. Martin Welch of 11223 S.E. 240th, referred to the Mayor ' s letter noting that in the past eight years 4400 units of apartments and condominiums had been built, as compared with only 250 single family homes during the same time period. Welch stated that he doubted that building fewer apartments would mean that more homes would be built. He opined that the annexations of East Hill areas occurred because of the need for City water and that development was a matter of economics . Luella White of 10005 S.E. 235th stated that she lived in an apartment complex, but that Kent ' s mix of single/apartment dwellingshad changed over the past few years . She favored the reduction and stated that affordable housing could mean houses, not necessarily apartments . Grace Studer of 25227 West Valley Highway favored the reduction proposal . Elmira Forner of the Planning Commission stated that the Commission had considered the quality of life while looking at the overall picture. Planning Commission Chairman Bob Badger stated that the Commission had found that other cities had taken similar action and favored the additions proposed by the Committee. He pointed out that Commission members served without salaries and that the posi- tions were not political . Jack Cobsy of 525 Van de Vanter stated that if it was true that developers were already building 20% less than their zoning allowed, then the City should now be asking for more than 20% reduction. Dorothy Petersen of 23127 100th Avenue S.E. stated that although she owned some undeveloped land, she supported the density reduction proposal. Frank Chopp also favored the reduction and noted that Kent had the highest vacancy rate in the State. Tom - 6 - June 21 , 1988 ZONING CODE Miskel•1 of 25175 Frager Road stated that his pro- AMENDMENT perty was across from the Signature Pointe develop- ment and that he had put his property in land pre- servation. He favored allowing no new apartment building. Tom Lampe of 720 Prospect questioned whether 20% was enough, noting the traffic problems and the turnover at the schools. Gene Larcom, 10057 S.E. 244th stated that he favored the reduc- tion of apartment sites although he has five acres adjacent to the Fred Meyer development. Leona Orr presented a petition containing 35 signatures in support of 20% reduction. Laurie Sundstedt of 24805 114th S.E. also favored the reduction. Donna Stewart of 26407 West Valley Highway favored the reduction and noted that parking regulations in apartment complexes were already being ignored. Jim Orr favored 50% reduction and stated that a group of citizens had initiated a petition to have such a measure on the ballot, and that copies of the petition were available. Mayor Kelleher noted that he favored the initiative method to submit measures to the electorate, but that thus far Kent had not passed an ordinance to allow this . Larry Frazier of Seattle Master Builders Association stated that apartment dwellers are also citizens and that the Comprehensive Plan is subject to change. He supported the proposals made by the Planning Committee as well as the Planning Commission. Lila Raabe of 24302 111th Avenue S .E. stated that the citizens had made their wishes known many times and that the message of not wanting any more apart- ments was clear. Mary Williams of 25331 West Valley Highway stated that not many residents knew what the valley was like 40 years ago. She pointed out that citizens had to keep coming to the City Hall to voice their objections to new developments . Joan Hertel of 25421 West Valley Highway stated that the City should encourage the building of small affordable homes instead of apartments. Dee Moschel noted that she had followed this pro- posal since its inception and particularly favored the area-by-area approach. Carol Stoner of the Planning Commission favored the reduction and noted further that Kent ' s action on this matter would influence more than just the City of Kent area. Dawn Turnham of 23830 98th Avenue South favored the reduction and especially noted the traffic con- gestion on the East Hill . 7 - June 21 , 1988 ZONING CODE Upon questions , Dan Stroh of the Planning Department AMENDMENT explained that present zoning allows for about 9000 more apartments and the 20% reduction would lower this to 7200 units . After all who wished to speak had done so, Woods ' motion carried unanimously. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through June 22, 1988 after auditing by the Operations Committee at its meeting at 8: 30 a .m. on July 1 , 1988. Approval of checks issued for vouchers: Date Check Numbers Amount 5/13 - 5/16 60790 - 61292 5/17 - 5/26 61293 - 61320 $ 250,260.16 6/1 61325 - 61693 743 ,997.16 994,257.32 5/27 61321 - 61324 6/1 - 6/8 61694 - 61710 68,759.89 6/15 61724 - 62029 1,128,492.74 $1,197,252.63 Approval of checks issued for payroll: Date Check Numbers Amount 6/5/88 104938 - 105536 $ 621,881.45 REPORTS President's Report. Council President White noted that there would be no workshop next week, and fur- ther that he had just become a grandfather ! Con- gratulations were given. Public Works Committee. Johnson noted that the Public Works Committee would meet on Tuesday, June 28 at 4 : 00 p.m. Parks Committee. Dowell noted that the Parks Com- mittee would meet on Wednesday, June 22 at 4 : 00 p.m. ADJOURNMENT The meeting was adjourned at 9 : 15 p.m. Marie Jensen, CMC City Clerk - 8 - Kent City Council Meeting Date July 5, 1988 Category Consent Calendar 1. SUBJECT: CONTRACT WITH RABANCO DBA KENT DISPOSAL FOR RESIDENTIAL RECYCLING SERVICES 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign a contract with Rabanco dba Kent Disposal for residential recycling services for a period not to exceed 18 months from the date of execution of the contract . Rabanco will provide residential recycling services to all voluntarily participating single family households and multifamily households up to fourplexes . Service will be provided at no cost to the participant . Cost of the program will be paid by the City of Kent through its Environmental Mitigation Fund which is financed through utility taxes levied on garbage collection service. 3 . EXHIBITS: Contract document 4 . RECOMMENDED BY: Operations Committee 6/30/88 (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: approximately $65 000 depending upon participation SOURCE OF FUNDS : Environmental Mitigation Fund 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: -- Council Agenda TT_am No _ 3C •r KENT DISPOSAL COMPANY PROPOSAL FOR CITY-WIDE, SINGLE FAMILY CURBSIDE RECYCLING A) DESCRIPTION OF CURBSIDE RECYCLING PROGRAM: Kent Disposal Company will provide to each single family recycling program participant a 90 gallon plastic wheeled container with lid commonly called a "Mobile Toter".. Participants will be asked to place all their recyclable materials into the toter and wheel that toter out to the curb once a month on the designated collection day. Kent Disposal trucks will then dump the toters and transport the collected recyclables to the Rabanco Recycling Center at 2733 - 3rd Avenue S. , in Seattle. The materials will then be sorted, packaged, and eventually shipped to buyers. Prior to delivery of the toters, a mailing will be made to participating customers . The mailing will explain the operation of the program and the types of materials to be recycled. A telephone number will be provided to those customers who may have additional questions. B) RECYCLING EXPERIENCE: Kent Disposal is a wholly-owned subsidiary of Rabanco Companies . Rabanco is the recognized leader in recycling in, King County with over 15 years experience. At present, Rabanco processes over 50 , 000 tons of recyclables a year . The new Rabanco Recycling Center at 2733 - 3rd Avenue S. , in Seattle is a 60 , 000 square feet State-of-the-Art facility ( 1. 4 acres under roof) . Past recycling experience of Rabanco Companies includes the following: . 1 ) City of Seattle pilot residential recycling project using semi-automated toters 1986-1987 . 2 ) City of Seattle "Sort" pilot curbside residential recycling collection project 1978-1979 . 3 ) City of Kent pilot residential recycling project using semi-automated toters 1987-1988 . 4 ) City of Clyde Hill residential newspaper recycling collection project 1986-1987 . 5 ) Collection of newsprint and _ glass from various "drop-off site" locations through-out King County, on-going for the last ten years . In addition, the City of Seattle has recently awarded Rabanco Companies two recycling contracts : 1) City of Seattle, southend residential curbside recycling project utilizing semi-automated toters . Contract will start February 1 , 1988 , and potentially involve 80 ,000 residential customers . 2) City of Seattle Environmental Allowance Program utilizing semi-automated toters and dumpster containers . Approximately 2 , 500 tons per year of mixed waste paper will be collected at curbside from apartment complexes and small businesses in the City of Seattle. The project will start approximately March 1, 1988 . C) IMPLEMENTATION SCHEDULE: The timetable for implementing curbside recycling city-wide will depend on whether the City chooses mandatory or voluntary participation. If voluntary participation is selected, then mailings will be involved to residents asking them to respond as to willingness to participate. A time lag will be involved as responses come in, deliveries of toters are scheduled and routes are developed. If mandatory participation is selected, however, one informational mailing can be made and toters can then be delivered immediately thereafter. 1) Voluntary Participation Timetable: Delivery of toters to commence within 30 days of Council approval of contract and will be completed within three months of delivery start date. 2) Mandatory Participation Timetable: Delivery of toters to commence within two weeks of Council approval of contract and will be completed within three months of delivery start date. 3 ) Timetable for Start of Recyclable Collection: Actual collection of recyclable materials from the toters will commence approximately 30 days from delivery of toters . For example, if the initial delivery of toters was made the first week of April 1988 , the first day of collection from those residents would start within the first week of May 1988 . Some leeway may have to be granted to complete routing for full neighborhoods but in most cases the delay would be minimal. D) COST TO CITY OF KENT 1) Mandatory Participation a. Cost per home - $1 . 09/month b. Minimum cost to City per month - $5 , 000 . 2 ) Voluntary Participation with participation rate between 91% and 99% a. Cost per home - $1 . 20/month b. Minimum cost to City per month - $5 , 100 . 3 ) Voluntary Participation with participation rate between 61% and 90% a. Cost per home - $1. 35/month b. Minimum cost to City per month - $5 , 200 . 9 ) Voluntary Participation with participation rate rate between 31% and 60% a. Cost per home - 1 . 82/month b. Minimum cost to City per month - $5 , 300. _.. 5) Voluntary Participation with participation rate between 0% and 30% a. Cost per home - $3 . 96/month b. Minimum cost to City per month - $5 ,700 . 6 ) Because the Washington Utilities and Transportation commission has not yet ruled on the impact of re- cycling on garbage rates, Kent Disposal will continue billing residential garbage customers the full tariff rate for garbage service. We propose that $1.00 per month credit to partici- pating customers would be given by the City through its utility billing system. E) LENGTH OF CONTRACT Five year agreement effective with execution of the contractual agreement. F) COST INCREASES IN FUTURE YEARS Minimum monthly costs and costs per home would be adjusted annually starting in the 13th month of the five year contract by 80% of the percentage increase in the Consumer Price Index for the Seattle area. G) UNANTICIPATED CHANGES IN LAWS OR TAXES During the term of the contract, if any laws and/or taxes are imposed on Kent Disposal that would adversely affect contract costs , Kent Disposal would then be able to pass those increased costs on to the City. 38-25 r 4 � WASTE REDUCTION AND COLLECTION OF SOURCE SEPARATED RECYCLABLE MATERIALS CONTRACT This contract'is entered into by and between the City of Kent, a municipal corporation of the State of Washington (hereinafter called the "City" ) , and Rabanco dba Kent Disposal , a Washington State corporation (hereinafter called the "Contractor" ) . Whereas, it is essential that residential solid waste be reduced and properly recycled in order to avoid adverse environmental and social effects; and Whereas, the Contractor is qualified to provide collection and processing services for the collection of source separated residential recyclable materials, including distribution of the materials to end markets, in accordance with the terms of this contract; and Whereas, the Contractor agrees, for the consideration stated, to collect and distribute recyclable materials to end markets for all residential recycled materials within the City of Kent in accordance with this contract; NOW, THEREFORE, In consideration of mutual covenants herein contained, the City and the Contractor agree to the terms and conditions set forth herein. I. GENERAL AGREEMENTS SECTION 1 . GENERAL DESCRIPTION 1 .1 The work to be performed consists of collection of residential recyclable materials in accordance with this contract and the Contractor' s response to the City's requests for proposal , both of which are attached hereto and incorporated herein by this reference. The work excludes all dangerous wastes or hazardous wastes as defined in RCV1 70.105 and RCW 70.105A and solid waste intended for disposal in a landfill or solid waste disposal facility defined under Washington Administrative Code Chapter 173-304. 1 .2 It is the intent of this contract that the Contractor shall supply all labor, material , equipment, facilities, financial guarantees , liability insurances and lands as may be necessary to provide the service as described in this contract. SECTION 2. DURATION OF CONTRACT 2.1 The terms of this contract shall be for 18 months, effective on the last date of execution of this contract, Provided, However, that this contract can be extended by mutual agreement of the City and Contractor if agreed to in writing; and provided, further, that the Contractor will apply immediately upon execution of this agreement to the Washington Utilities and Transportation Commission for the inclusion of this or a similar residential recycling program within its current temporary or succeeding permanent solid waste collection WUTC franchise for the purpose of inclusion of the costs of this program into the WUTC approved rate base. This agreement shall terminate within 30 calendar days of the effective date of such approval by the Washington Utilities and Transportation Commission. The Contractor shall make its best and most diligent efforts to obtain such approval . 2.2 Upon the effective date of this contract, the Contractor shall mail to all single family residences in Kent, up to and including residences with four or fewer units, a description of the recycling program. The Contractor shall do so within thirty (30) calendar days from the effective date of the contract. No later than thirty (30) days after the effective date of the contract, the Contractor shall begin to deliver recycling containers to each residence that chooses to participate in the program. Implementation of the program shall be fully phased in and implemented and each residence requesting service shall have received service no later than one hundred and twenty (120) calendar days from the effective date of this contract. SECTION 3. NOTICES 3.1 All notices shall be in writing and shall be delivered or mailed to the following respective addresses: 3984L-02L - 2 - CITY: City of Kent 220 fourth Ave. S. Kent, Washington 98032-5895 c/o City Administrator RECYCLER: Rabanco dba Kent Disposal Attn: Steve Caputo, General Manager, Kent Disposal 22010 76th Ave. South Kent, WA 98032 Other such respective address as either party may from time to time change and designate in writing to the other party. SECTION 4. ENTIRE AGREEMENT 4.1 This contract consists of these 32 pages together with any attachments, appendices which may be attached hereto or incorporated herein by reference. This contract contains all of the covenants, promises, agreements and conditions , either oral or written, between the parties. SECTION 5. EXCLUSIVE RIGHT 5.1 If during the life of this contract additional territory of any amount whatsoever is acquired by the City through annexation or any other procedure, the City reserves the right, upon ten (10) calendar days written notice to the Contractor, to order the Contractor to make collections in such additional area in accordance with all provisions of this agreement. The Contractor shall have thirty (30) calendar days within which to fully implement the program within the new area(s) . 5.2 Nothing in this section shall be construed as prohibiting the program participants, the City , its agents , or other contractors from using collected materials for resource recovery salvage (e.g. pick and sort) and recycling. 5.3 Waste generators within the City maintain the right to continue to accumulate, buy, sell , or give recyclable and reuseable materials with companies other than the Contractor herein. Therefore, a portion of the current recyclable materials waste stream may be diverted from the Contractor. 3984L-02L - 3 - II . RECYCLING COLLECTION SECTION 1 . COLLECTION AREA 1 .1 The Contractor will collect all home-separated newsprint, glass containers, ferrous and non-ferrous cans, and mixed wastepaper from residences with four and fewer units within the City of Kent boundaries. The City reserves the right to expend the collection of other materials determined by the City to constitute recyclables or reuseable material . 1 .2 All work will be performed in a thorough and professional manner in full compliance with this agreement. SECTION 2. PLACE OF COLLECTION 2.1 Collection shall be performed at curbside and/or alley, as determined by the City. Backyard collection shall not be performed except under special circumstances as determined by the City, (i .e. , elderly and disabled participants, assumed to be less than 10% of the residences) . 2.2 The Contractor is not awarded an exclusive right to collect recyclables in the City. SECTION 3. TIME AND FREQUENCY OF COLLECTION 3.1 Collection from City residences with four and fewer units (commonly called single-family dwellings, duplexes, triplexes, and fourplexes) shall be made monthly according to the hour and days as specified by Kent City Code or regulation for solid waste collection, as is now in force or as may be hereafter amended. The City Administrator may authorize a change of hours if requested in writing by the Contractor. SECTION 4. SCHEDULING OF COLLECTION 4.1 The Contractor shall divide the contract area into areas or routes in a manner that spreads collection over the work month. Collection shall be made from residences on a regular schedule on the same day of the month. _. The Contractor shall show on a chart the day of the week recyclables shall be collected from each area or route. A map of such shall be furnished to the Administrator a minimum of one month prior to the first 3984L-02L - 4 - day of contract collection and shall be updated every six months. The Contractor may change the regular day of collection by giving notice to the Administrator and the affected customers at least fourteen (14) calendar .days prior to the effective day of such change. The form of notice to the customer shall be subject to the approval of the Administrator. 4.2 The Contractor, at the Administrator' s request, shall supply additional collection maps within ten (10) working days of the Administrator' s request. The maps shall clearly delineate collection areas and routes, and day of collection. 4.3 The Contractor shall provide the services under this contract for the Kent municipal government at all designated municipal facilities at times and frequencies established by the City. SECTION 5. HOLIDAY AND MAKE-UP COLLECTIONS 5.1 When the day of regular collection falls on a legal holiday, as defined by State law, the Contractor may reschedule the regular collection to the earliest succeeding workday. Saturday collections will be permitted to collect recyclables collected regularly on a Friday if such collection has been deferred because of the holiday. The Contractor shall notify the Administrator in writing sixty (60) calendar days in advance of each holiday that the Contractor will not make regularly scheduled collections. The Contractor shall notify each affected customer of scheduled changes in writing not more than ten (10) nor less than seven (7) calendar days of the change and publish such changes in a local newspaper of general circulation. 5.2 When snow or ice are on the streets, requiring closure of roadways that provide access to the residences, or other disruption beyond Contractor' s control prevents collection on the scheduled day, the Contractor shall make collection on the nearest proximate weekday. If such conditions continue for an entire collection cycle or more the Contractor shall collect all the recyclables amassed for collection up to the maximum volume a customer could properly leave for collection during the interval when collections were missed. When Contractor resumes scheduled service, 3984L-02L - 5 - it shall take bags, boxes, and other secure wrappers and shall empty temporary receptacles that customers have used when the recycling cans and containers have been filled. 5.3 Should the Contractor fail to make collection on a scheduled day for other causes within the Contractor's control , the Contractor shall promptly, within one working day, make a special collection without charge to the City or the customer. The collection shall include excess recyclables accumulated during the interval between the scheduled collection day and the special collection. SECTION 6. COLLECTED MATERIAL 6.1 All recyclable material shall be simultaneously collected. SECTION 7. SUPPLYING CONTAINERS 7.1 The Contractor, not later than one week prior to the start of collection for each residence, shall provide each City residence participating in the collection service a 90 gallon container as described in its proposal for the storage and curb set-out of recyclables for collection. Residences electing to participate in the collection service subsequent to the initial thirty (30) day enrollment period provided herein shall be provided a container by the Contractor within fourteen (14) calendar days of participation sign-up. .,. 7.2 The containers provided for recycling collection must be distinguishable from garbage or refuse containers by use of a recycling decal, that will be difficult to remove, or other methods, all of which shall be subject to prior approval by the Administrator. 7.3 Containers remain property of the Contractor unless purchased by the resident. 7.4 The Contractor shall make available to participating residents at cost containers to replace those damaged, destroyed, lost by the resident, or stolen. - 3984L-02L - 6 - 7.5 Contractors may retrieve their containers from residences that have ceased participating in the collection program because they have failed to place recyclables at the curb for three successive collection periods. SECTION 8. CONTRACTOR'S RESPONSIBILITY 8.1 The Contractor shall be responsible for furnishing all labor, materials, equipment, and supervision to perform the collection, processing, marketing services described in these specifications. SECTION 9. CONDUCT: I .D. , SPILLAGE 9.1 Employees collecting recyclables shall be courteous, exercise due care, and do their work, without delay, unnecessary noise, and without damage to private property; they shall close all gates that they open. Employees shall follow the regular pedestrian walkways and paths while on private property, but may, with the owners ' consent (express or apparent) , cross open lawns. Employees shall not cross flower beds or cross through hedges. While collecting, employees shall wear a standard uniform and carry identification supplied by the Contractor that is approved by the Administrator. 9.2 The Contractor shall pick up any material scattered or spilled during collection and clean up the area affected. Each truck shall carry equipment such as broom and a shovel for this purpose. SECTION 10. REPLACEMENT OF CONTAINERS 10.1 The Contractor shall , without expense to the City or the resident, replace containers, taken or damaged by collectors, or damaged due to normal wear and tear, within forty-eight (48) hours after notice. SECTION 11 . DECLINING SERVICE 11 .1 The Contractor may decline to make collection : (a) Of material that is improperly prepared or is contaminated. (b) Of material that is not placed at the curbside or alley. 3984L-02L - 7 - The Contractor shall notify residents utilizing a "correction card" on their collection day of the reasons for any refusal to collect the resident's material . After the third month of Contract collections the Contractor shall also notify the City within one working day of each address where the contractor declined to collect the material . SECTION 12. CUSTOMER GRIEVANCES 12.1 The Contractor will designate a representative to adjust customer grievances. At the Administrator's request, the representative will join the City's representative in meeting with an aggrieved customer within 24 hours of notification to resolve a complaint about damage or spillage; taken or damaged recycling containers; a refusal to serve or a missed pick-up; and/or other deficiency in service or a need for special service. The decision of the City's representative shall be final on nonmonetary matters, such as adequacy of service, correctness in refusing service, and the need for a make-up collection. SECTION 13. VEHICLES USED IN COLLECTION 13.1 All vehicles used in recycling collection and disposal shall be registered with the State of Washington Department of Motor Vehicles, and shall be kept in a clean and sanitary condition and a state of good appearance and repair, and shall be painted in a uniform manner. 13.2 Collection vehicles shall be painted in Contractor's color or colors subject to approval by the Administrator, numbered, and shall have painted in letters in a contrasting color, at least four inches high, on each side of each vehicle and on the rear of the vehicle, the number of the vehicle. No advertising shall be permitted other than the name of the Contractor. Approved program promotion is allowed and a City logo. All vehicles shall be kept in a clean and sanitary condition. 13.3 The number and size of collection equipment shall be of sufficient capacity to service all participating dwellings once a month. 13.4 All such vehicles shall be operated in conformity with Washington State laws and the Kent City Code. 3984L-02L - 8 - SECTION 14. VEHICLE SPECIFICATIONS 14.1 All vehicles used in recycling collection shall be new or reconditioned in good operating order. All collection equipment used under this contract•shall meet all applicable city, state and federal safety standards and Contractor shall obtain all required operating permits. SECTION 15. OWNERSHIP OF EQUIPMENT 15.1 The Contractor shall own or lease all vehicles, containers and equipment required by this contract. SECTION 16. NOISE 16.1 The maximum noise level of motor vehicles during travel , or while operating shall not exceed those requirements of Kent City Code as is now or may be hereinafter amended. SECTION 17. GRATUITIES 18.1 Neither the Contractor nor its employees nor any subcontractor, nor any agent, shall request or accept any gratuities from any person, firms or corporations for services required to be performed under this contract. III. OWNERSHIP AND MATERIAL PROCESSING SECTION 1 . OWNERSHIP OF RECYCLABLE MATERIAL - 1 .1 Recyclable material set out for collection on the regularly scheduled collection day shall belong to the Contractor from the time of its set out, subject to the right of a customer to claim lost property of value. SECTION 2. PROCESSING CAPABILITIES 2.1 The Contractor is responsible for the processing of recyclables collected and the proper and legal disposal of any nonrecyclable materials that may be collected. 3984L-02L - 9 - - IV. TRANSPORTATION AND MARKETING SECTION 1 . ARRANGEMENTS 1 .1 The Contractor is responsible for establishing transportation and marketing arrangements for the source separated materials. Equipment utilized for storage and transport of materials to markets may be owned or leased by the Contractor or the market sources. SECTION 2. DISPOSAL PROHIBITION 2.1 The Contractor shall endeavor to prevent the collection of recyclables that have been contaminated. In the event Contractor collects any contaminated recyclables, it shall be required to dispose of said contaminated materials at no cost to the City. SECTION 3. PUBLICITY 3.1 The Contractor publicity and education efforts shall encourage the maximum level of citizen recycling and waste reduction. The publicity and educational will be designed to maintain continued citizen use of existing recycling facilities and maximize participation in the residential collection program. Publicity activities must emphasize all materials to be collected. SECTION 4. TECHNICAL INFOR14ATION SHEET 4.1 The Contractor will prepare and print a technical information sheet concisely explaining' the operation of the program, material preparation procedures and prudent fire hazard reduction procedures, as approved by the Kent Fire Department, pertaining to use of storage containers. The sheet shall be enclosed with an official City of Kent letter briefly explaining the project background, the project implementation schedule, and the responsibility of the participants. This letter will be prepared, printed and mailed by the Contractor, but approved by the Administrator, and shall be mailed one month prior to collection start up. 3984L-02L - 10 - SECTION 5. CONTAINER DELIVERY 5.1 Contractor delivery of storage and set-out containers shall include concurrent delivery of the official City letter, technical information sheet, and collection schedules. SECTION 6. PARTICIPANT SIGN UP 6.1 A Contractor shall develop a method for signing up participants in the program. A City approved, contractor prepared and printed sign up form shall be completed for each program participant. SECTION 7. CONTRACTOR SPOKESPERSON 7.1 A Contractor spokesperson shall be available for City scheduled - interviews with the press and radio and television stations. SECTION 8. CITY APPROVAL 8.1 The content and development of all public education materials and activities is subject to the approval of the Administrator. SECTION 9. MONTHLY PROJECT REPORTS 9.1 The recycling Contractor shall submit monthly project reports for the duration of the Contract period commencing upon effective date of the Contract. These reports shall be due within ten working days before the end of the month. At a minimum, the reports shall include: a. A report of tonnage of all materials collected, by material ; b. A report of tonnages of all materials sold, by material ; C. A report of weight of materials collected and disposed of due to contamination; d. Material market prices; e. Resident participation rates in terms of monthly set-out counts on each collection route with a description of the methods used to determine these rates. f. Description of progress in meeting the implementation schedule including any problems encountered and 'now they were resolved. 3984L-02L SECTION 10. QUARTERLY PROJECT STATUS REPORTS 10.1 The recycling Contractor shall provide quarterly project status reports. These reports will be due within fifteen (15) calendar days of the close of the quarter being reported. The first quarter shall commence on the effective date of this agreement. 10.2 At a minimum, the reports shall include: a. A report of all program revenues, tonnages recovered by material , participation rates and details of expenditure of City funds; b. Progress in meeting the implementation schedule; C. Detailed data to allow analysis of collection and processing efficiencies; d. Discussion of education and publicity efforts and their results. 10.3 These monthly and quarterly reports shall include any other information requested by the City. SECTION 11 . ANNUAL REPORTS Annual Reports 11 .1 The Contractor shall provide year-end annual reports for each year the project is in operation. These reports will be due within 30 calendar days of the end of the calendar year. 11 .2 At a minimum, the report shall include: a. A cumulative report of the detailed revenue information contained in the quarterly reports, and a cumulative report of participation rates and recovered materials tonnages. b. A discussion of public awareness activities and their impact on participation and recovered volumes. C. A discussion of highlights and problems and measures taken to resolve problems and increase efficiency and household participation. d. A summary that highlights the Contractor' s mitigation efforts and programs. 3984L-02L - 12 - 11 .3 This report shall include any other information requested by the city. V. GENERAL CONTRACT PERFORMANCE SECTION 1 . CONTRACTOR'S RESPONSIBILITY 1 .1 Procurement of all equipment and assumption of all start-up, operating and maintenance costs for collection, processing and if necessary storage and transportation shall be the Contractor' s responsibility. 1 .2 The Contractor shall supervise and provide labor to perform all Contractor publicity and education, collection, processing, and marketing tasks. 1 .3 The Contractor shall provide proper safety equipment and appropriate insurance for vehicles and workers. 1 .4 The Contractor shall market all collected materials and report market prices. 1 .5 The Contractor shall perform publicity and education functions as specified herein. 1 .6 The Contractor shall submit all documents and plans for publicity and public information to the City for approval prior to distribution. SECTION 2. CITY RESPONSIBILITY 2.1 The City shall be the authority that provides final approval on all Contractor activities relating to performance of this contract. 2.2 The City shall be the authority that provides approval of publicity and education components as specified herein. 2.3 The City shall develop a review procedure for evaluating publicity documents and plans. 3984L-02L - 13 - 2.4 The City may elect to perform promotion activities that exceed the City responsibilities listed otherwise herein. The City shall cooperate with the Contractor' s public education efforts. VI. COMPENSATION SECTION 1 . BILLS OF CITY DEPARTMENTS - NOW PAID 1 .1 The Contractor shall pay all lawful bills rendered against it by any City department. If the Contractor fails to pay any such bill within thirty (30) calendar days, the City may pay such bills and deduct the amount thereof from monthly payments due the Contractor. SECTION 2. BASIS OF PAYMENT 2.1 The Contractor shall be paid according to the monthly schedule set forth below. The Contractor shall receive payment within thirty (30) calendar days of receipt and approval of the invoice from the Contractor according to the schedule set forth herein. 2.2 The initial payment shall be due within thirty (30) calendar days of receipt and approval of an invoice from the Contractor for the first thirty (30) days of collection. Participation Compensation 0% - 30% $3.96/per home or min. $5,700 31% - 60% $1 .82/per home or min. $5,300 61% - 9001. $1 .35/per home or min. $5,200 91% - 99% $1 .20/per home or min. $5,100 100% S1 .09/per home or min. $5,000 SECTION 3. WAGE INCREASES FOR EMPLOYEES 3.1 All wage increases for collectors or any other employees or agents of the Contractor granted during the term of this contract shall be the sole responsibility of the Contractor. Any benefits or added costs resulting from changes in technology, laws and regulations, labor practices, availability of equipment, and other foreseeable business risks that may affect the performance of this Contract shall be to the Contractors advantage or expense respectively, except as noted herein. "" 3984L-02L - 14 - SECTION 4. PAYMENT PROCEDURE 4.1 The Contractor shall submit monthly invoices to the City Administrator within ten working days from the end of the month. These invoices shall itemize the recyclable material tonnage collected and marketed for recycling under the terms of this Contract and the number of residences serviced. 4.2 The City shall , within 30 calendar days of receipt and approval of the invoice, pay to the Contractor an amount equal to such statements, less any sums retained to cover any verified claims filed with the City, due to or arising out of this Contract, and also less any sums that have been deducted as provided in this contract. SECTION 5. INDEMNITY 5.1 The Contractor shall indemnify and save harmless the City, its elected and appointed officials, employees, and agents, (including reimbursing the City for all costs and attorney's fees) from any and all damages, claims, or demands, of any kind, on account of injury to or death of any and all persons (including but not limited to the'Contractor, its agents, employees, subcontractors and their successors and assigns as well as the City or the City's employees, elected and appointed officials and agents, and all third parties) , and/or on account of all property damage of any kind, whether tangible or intangible, including loss of use resulting therefrom, in connection with the work performed under this Contract, or caused or occasioned in whole or in part by reason of the presence of the Contractor or its subcontractors, or their property, employees or agents, upon or in proximity to the property of the City, except only for those losses resulting solely from the negligence of the City. 5.2 This indemnification agreement includes the promise that the Contractor shall indemnify and save harmless the City, its elected and appointed officials, employees and agents (including reimbursing the City for all costs and attorney ' s fees) from any and all damages, claims, or demands of any kind on account of a violation of city, county, state or federal laws relating to environmental health except only for a loss resulting solely from the negligence of the City. 3984L-02L - 15 - SECTION 6. DAMAGE TO PROPERTY 6.1 If any City property of any kind is damaged by reason of the Contractor' s operations under this Contract, the Contractor shall repair or replace same after being notified in writing of the damages or, failing to do so promptly, the City may cause repairs or replacements to be made and-the cost of doing so shall be deducted from the Contractor' s payment from the City. 6.2 The City shall not be liable to the Contractor for any loss or damage, other than any loss or damage occurring directly and solely as a result of the sole negligence of the City, its elected officials, officers, employees or agents. -• 6.3 The Contractor shall not be liable to the City or any other person for the damage done to privately owned garbage cans other than loss or damage occurring directly as a result of deliberate actions of the Contractor, its employees or agents. SECTION 7. COLLECTION OF RECYCLABLES 7.1 Care shall be taken in the loading and transportation of recyclables so that any leaking, spilling or blowing is prevented. The Contractor shall immediately clean up any spills upon notice from the City to do so. 7.2 The Contractor shall transport at its cost all recyclables collected to any such site as may be designated by the Contractor. The Contractor shall furnish written evidence that it has approval and necessary permits and/or licenses to utilize any site chosen for the duration of this contract. It further agrees that it will operate under applicable laws, rules and regulations that may be a requirement of transporting the mi-Aerials, collecting the materials and/or using said facilities. SECTION 8. FINAL PAYMEIJT 8.1 Thirty (30) calendar days after the expiration of this Contract, all _ monies due the Contractor held by the City in excess of the total of (a) sufficient sum retained to cover any claims and related costs and attorney' s fees filed with the City related to or arising out of this "� 3984L-02L - 16 - contract; (b) a sufficient sum to meet and discharge the claims of material , equipment and supply men, laborers, and costs of actions due to or arising out of this contract; and (c) a sufficient sum to pay any bills due the City from the Contractor, shall be paid to the Contractor. SECTION 9. PAYMENT RENEGOTIATIONS 9.1 During the term of the contract, should the City implement programs such as recycling credits, disposal bans or other major waste reduction incentives which can reasonably be related to an increase in the tonnage actually collected above the Contractor' s projections, the Contractor and the City shall renegotiate payments to the Contractor to enable the City to capture potential net program benefits. SECTION 10. TAXES, PERMITS AND FEES 10.1 The Contractor shall obtain at its own expense all permits and licenses required by the City or any other governmental authority and maintain the same in full force and effect during the term of this agreement. The Contractor shall pay promptly and before delinquency any and all taxes, fees and charges of every type required by law and, upon request by the City, furnish evidence of such timely payment. SECTION 11 . CONTRACT INTERPRETATION AND DISPUTES 11 .1 To prevent disputes or eventual litigation, all questions arising as to the proper performance and the amount of work to be paid for under this Contract shall be subject to the decision of the City. Any unresolved disputes shall be resolved by King County Superior Court under the laws of the State of Washington and the City of Kent. Unless otherwise provided herein , Attorney' s fees and costs shall be paid to the party that has substantially prevailed on the disputed issues presented to the court, as determined by the court, by the nonprevailing party. VII . SPECIFIC CONTRACTOR 'S OBLIGATIONS SECTION 1 . CONTRACTOR EXAMINATION 1 .1 The Contractor shall make its own examination, investigation, and research regarding the proper method of doing the work, all conditions 3984L-02L - 17 - affecting the work to be done, the labor, equipment, and material needed thereon, the quantity of work to be performed and all applicable _. ordinances and state laws. The Contractor agrees that it has satisfied itself by its own investigation and research regarding all of such conditions, and that the Contractor's conclusion to enter into the proposed contract is based upon such investigation and research, and that the Contractor shall make no claim against the City because of the estimates, statements, or interpretations made by an officer or agent of the City which may prove to be, in any respect, erroneous. 1 .2 The Contractor assumes the risk of all conditions foreseen or unforeseen, and agrees to continue the work without additional compensation under whatever circumstances that may develop other than as herein provided. SECTION 2. PERFORMING ALL AGREED UPON WORK 2.1 The Contractor shall furnish all skill , labor, equipment, and materials required for the complete performance of the contract, and shall fully perform the work in accordance with the specifications included herein. Failure to fully perform these specifications shall be considered a default of this Contract. SECTION 3. INSURANCE 3.1 Prior to the execution of this contract, the Contractor shall , at its own expense, obtain and file with the City of Kent a Certificate of Insurance for a primary policy of general comprehensive liability insurance (including all of the coverages set forth below) . This Certificate of Insurance shall be subject to approval by the City as to company, terms and coverages. 3.2 Such liability insurance must specifically name the City of Kent as an additional insured thereunder and must fully protect the City from any and all claims and risks and losses in connection with any activity performed by the Contractor by virtue of this Contract. '� 3984L-02L - 18 - 3.3 Such liability insurance must be maintained in full force and effect at the Contractor's sole expense throughout the entire term of this contract. The City shall be given thirty (30) days prior written notice of any cancellation, reduction or modification of such insurance. Should such cancellation, reduction or modification occur, the contractor shall obtain such other insurance to meet the requirements herein, at its own expense. 3.4 Said insurance policy and/or an endorsement thereto as evidenced by the Certificate of Insurance, must provide the following minimum coverages and limits and contain the following provisions: COVERAGES: - Extended Bodily Injury Employees as Additional Insured - Premises/Operations Liability (M&C) - Owners and Contractors Protective Liability - Products and Completed Operations Liability (through guarantee period) - Blanket Contractual Liability - Broad Form Property Damage Liability (including completed operations) - Personal Injury, including coverages A, B, C, with no employee exclusion - Stop Gap or Employers contingent Liability - Automobile Liability, including coverage for owned, nonowned, leased or hired vehicles - Explosion, Collapse, Under.ground damage ( referred to as "X.C.U. ) MINIMUM LIMITS: All coverages: $2,000,000 per occurrence, no deductible; $2,000,000 annual aggregate, no deductible. Providing of coverage in these stated amounts shall not be construed to relieve the Contractor from liability in excess of such limits. 3984L-02L - 19 - 3.5 REQUIRED ENDORSEMENTS: These endorsements shall be included in all applicable policies and on the Certificate of Insurance: The insurance company or companies designated on the front of this Certificate certify that the policy or policies described include the following minimum coverages and limits: STANDARD COVERAGES: Extended Bodily Injury Employees as Additional Insured Premises/Operations Liability (M&C) Owners and Contractors Protective Liability Products and Completed Operations Liability (through guarantee period) Blanket Contractual Liability Broad Form Property Damage Liability (including completed operations) Personal Injury, including coverages A, B, C, with no employee exclusion Stop Gap or Employers Contingent Liability Automobile Liability, including coverage for owned, nonowned, leased or hired vehicles; STANDARD LIMITS: $2,000,000 per occurrence, no deductible; $2,000,000 annual aggregate, no deductible. ENDORSEMENTS FOR ADDITIONAL INSURED The City of Kent is an additional insured for all coverages provided by this policy of insurance and shall be fully and completely protected from all claims and risks by this policy and for any and every injury, death, damage and/or loss of any sort whatsoever, including consequential damages , sustained by any person, organization or corporation in connection with any activity performed by the Contractor by virtue of the provisions of that Contract between the City of Kent and Rabanco dba Kent Disposal entitled Waste Reduction and Collection of Source Separated Recyclable Materials, dated June 1988. 3g84L-02L - 20 - The coverages provided by this policy to the City shall not be terminated, reduced or otherwise modified in any respect without providing at least thirty (30) calendar days prior written notice to the City of Kent. The coverages provided by this policy are primary to any insurance maintained by the City. If an "ACORD" form of Certificate of Insurance is provided to the City pursuant to this section, it must be modified in the following manner: Wording At Top of Acord Form - .This Certificate is issued as matter of information only and confers no rights upon the Certificate holder" - Shall Be Deleted In Its Entirety. Wording At Bottom of Acord Form - "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail _ days written notice to the below named Certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. - Shall Be Changed To Read - Should any of the above described policies be cancelled or reduced as to coverage before the expiration date thereof, the issuing company will mail thirty (30) calendar days written notice to the below named Certificate holder and Additional Insured, The City of Kent. 3.6 The above corrections to the "ACORD" Form will be waived only if a copy of a signed blanket additional insured endorsement from the insurance company is submitted and provides for Notice to the City of Kent in the event coverage is changed, reduced, altered or cancelled. 3.7 Failure of the Contractor to fully comply with any and all of the terms of the foregoing insurance provisions shall be considered a material breach of this Contract and cause for its immediate termination at the option of the City. 3984L-02L - 21 - SECTION 4. PERFORMANCE BOND 4.1 The Contractor shall provide and maintain at all times a valid Contractor's Performance and Payment Bond in an amount equal to 25% of the estimated annual City payment to the Contractor. The bond shall be issued for a period of not less than one year and the Contractor shall provide a new bond, or evidence satisfactory to the City of its bond renewability, no less than 180 calendar days prior to the expiration of the bond then in effect. 4.2 The bond shall be for the use and benefit of the City, with a surety company authorized to do business in the State of Washington and acceptable to the City. Said bond shall be conditioned that such Contractor shall faithfully perform all of the provisions of this contract and pay all laborers, mechanics, subcontractors, materialmen and all persons who shall supply such Contractor or subcontractors with provision and supplies for the performance of this Contract, and shall be further conditioned that any person(s) performing such work or services, or furnishing material to any subcontractor shall have the services, or material was furnished to the Contractor, said bond shall contain appropriate recitations that it is issued pursuant to this Section of this Contract, that it shall be construed to meet all requirements specified herein and that any condition or limitation in such bond which -- is in conflict with the conditions and requirements of this Section is void. Such bond shall be submitted to, and subject to approval of the Administrator prior to its effective date. 4.3 Failure of the Contractor to furnish and maintain said Performance and Payment Bond shall be considered a material breach of this Contract and grounds of its immediate termination at the option of the City. SECTION 5. ASSIGNMENT OF MONIES BY THE CONTRACTOR 5.1 The Contractor shall not assign or pledge any of the moneys due under this Contract without securing the written approval of the surety on the performance bond and providing at least thirty (30) calendar days ' prior notice to the Administrator of such assignment or pledge together with a copy of the surety' s approval thereof. Such assignment or pledge, 3984L-02L - 22 - however, shall not release the Contractor or its sureties from any obligations or liabilities arising under or because of this contract. SECTION 6. PAYMENT FOR LABOR AND MATERIALS 6.1 The Contractor shall pay as they become due all just claims for labor performed on or about said work, and all skill or labor and materials and equipment purchased for or furnished in the execution of the contract. If any person furnishing supplies, equipment or materials or performing labor on this contract who is not paid when their claim becomes due files a claim for such amount, the City shall immediately notify the Contractor thereof and, subject to the limitations set forth below, shall withhold the amount of such claim plus an amount for reasonable attorney' s fees and costs from one or more payments that subsequently become due the Contractor under this Contract; provided, however, that the City shall cease to withhold, and shall pay the withheld amount to the Contractor, unless the claimant fails to perfect such claim or lien as may be required by law. SECTION 7. INDUSTRIAL INSURANCE AND MEDICAL AID 7.1 The Contractor shall pay to the Department of Labor and Industries of the State of Washington, in cash, the amounts required to be paid to the State of Washington, in connection with the Workmen's Compensation Act, or any other payments due the State of Washington in the form of taxes or fees as required by law on account of this Contract before payment is made the Contractor by the City on any monthly statement of amount due, and final payment shall not be made until the Contractor shall have complied with the provisions of this Section. SECTION 8. CONTRACTOR'S OFFICE 8.1 The Contractor shall be required to maintain an office within the City limits provided with telephones and such attendants as may be necessary to take care of complaints, ,orders for special service, or instructions from the Administrator. This office shall be in operation between the hours of 8:00 a.m. and 5:00 p.m. , Monday through Friday, or as otherwise approved by the Administrator. 3984L-02L - 23 SECTION 9. WORKERS 9.1 All workers employed or agents or independent contractors shall be competent and skilled in the performance of the work to which they may be assigned: Failure or delay in the performance of this Contract due to the Contractor' s inability to obtain workers of the number and skill required shall constitute a default.of the contract. 9.2 If any person employed on the work by the Contractor is, in the opinion of the Administrator, incompetent, disorderly, or otherwise unsatisfactory, the Administrator shall document such unsatisfactory action in writing and transmit same to the Contractor with a demand that such unsatisfactory action be corrected. If the unsatisfactory action is not corrected within 24 hours, or if the action is repeated, the person -• shall upon demand of the Administrator be removed from performing additional work under this contract. SECTION 10. EMPLOYEES 10.1 The Contractor shall require all of its employees, agents or independent contractors to be courteous at all times, not to be use loud or profane language, and to do their work as quietly as possible. All employees, agents or independent contractors of the Contractor, while collecting material , shall be required to wear a uniform and carry an identification badge supplied by the Contractor and approved by the City. 10.2 Employees, agents or independent contractors, in collecting source separated material , shall follow the regular walks for pedestrian while on private property. They shall also replace all containers used for the storage of source separated material , and close all gates opened by them for those residences designated as special collection beyond curbside. 10.3 Employees , agents or independent contractors shall not trespass , litter, - cross property to adjoining- premises, or meddle with property which is not specifically the subject of this contract. 3984L-02L - 24 - SECTION 11 . NO ASSIGNMENT OR SUBLETTING OF CONTRACT 11 .1 The Contractor shall not assign or sub-contract any of the work or delegate any of its duties under the contract without the prior written approval of the Administrator. 11 .2 The term "assignment" includes the following changes in the Contractor' s organization: (a) The cumulative transfer of 50% or more of its voting stock outstanding when this contract is signed, if the Contractor is a corporation with unlisted securities. (b) Any transfer or effective control over the Board of Directors or of corporate affairs, if the Contractor is a corporation, the stock of which is either (i ) listed on a national securities exchange or (ii ) actively traded "over the counter" and is the subject of published quotations supplied by the National Association of Securities Dealers (NASDAQ) ; (c) The transfer of an aggregate of 50% or more of the ownership interest, if the Contractor is a partnership. (d) If the Contractor is a limited partnership or joint venture, a withdrawal of the general partner, a transfer of the general partnership interest, or, if incorporated, a corporate reorganization of. the general partner or transfer of its voting stock meeting the criteria of sub-sections (a) or (b) . 11 .3 The term "transfer" includes a sale, merger, or change in ownership by operation of law, the issuance of new shares, or conversion of shares without voting rights to voting shares. "Voting stock" means the shares entitled to vote for election of the directors of the corporation. 11 .4 When requested, approval by the Administrator of a subcontract or assignment shall not be unreasonably withheld. In the event of an assignment, sub-contracting or delegation of duties, the Contractor shall remain responsible for the full and faithful performance of this Contract and the assignee, sub-contractor, other obligor shall also become responsible to the City for the satisfactory performance of the work assumed. The Administrator may condition its approval upon the delivery - to the City an agreement to fully and faithfully complete the work or responsibility undertaken. SECTION 12. LOCAL IMPROVEMENTS 12.1 The City reserves the right to construct any improvement or to permit any such construction in any street or alley in such manner as the City authorities may direct, which may have the effect for a time of preventing the Contractor from traveling its accustomed route or routes for collection.' The Contractor shall , however, by whatever method it elects, continue to collect the source separated material to the same extent as though no interference existed upon the streets or alleys formerly traversed. This shall be done without extra cost to the City. SECTION 13. SAFETY REGULATIONS 13.1 The Contractor shall comply with all provisions of the "Occupational Safety and Health Act" and the "Washington Industrial Safety Act" applicable to the work under this Contract now or as hereinafter amended. SECTION 14. PERMITS AND LICENSES 14.1 The Contractor shall acquire all the necessary operating permits and licenses, including those that may be required by the Washington Utilities and Transportation Commission, and assume the costs thereof. SECTION 15. AUDIT 15.1 The Contractor shall maintain in its office in the City full and complete accounting records, prepared in accordance with generally accepted accounting principles , reflecting Contractor' s work on this Contract. The City may require an audit of the Contractors ' books and records at any reasonable time for verification of collected recyclable tonnage and residences served, for compliance with the provisions contained in this agreement to verify reporting requirements herein, and for purposes of determining the adjustments contained herein. _ ?nani _n9l 15.2 Audit information will be kept confidential , except as disclosure may be required by public disclosure laws. SECTION 16. PERSONNEL PRACTICES 16.1 During the performance of this contract, the Contractor agrees that the Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, sex, marital status, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. 16.2 Failure to comply with any of the terms of these provisions shall be a material breach of this contract. SECTION 17. DEDUCTION FROM PAYMENTS BECAUSE OF CONTRACTOR'S FAILURE TO MAKE COLLECTIONS 17.1 In the event the Contractor, for any reason, fails to perform the collections called for in the Contract for any period, with the result that any portion of the scheduled collection is not completed within a given calendar week, the Contractor shall not be paid for the work not performed. Whenever such failure occurs, the City shall deduct, for such non-performance, a reasonable amount from the Contractor' s next monthly payment(s) , which amount shall be based on, among other factors, the number of residences from which collections have not been made, the duration of such failure of collection, the additive and deductive adjustments that would have been applied to such prices had the collections been made, and special costs, including administrative expenses, incurred by the City as a consequence of such failure. SECTION 18. CITY BUSINESS LICENSE 18.1 The Contractor and subcontractors shall secure a City Business License. UIII. ENFORCEMENT SECTION 1 . DEFAULT OF CONTRACT 1 .1 Should the City determine that the Contractor unnecessarily delayed the performance of the terms and conditions of this Contract, or in any 3984L-02L - 27 - manner refuse or fail to comply with the instructions of the City relative thereto, the City shall notify the Contractor in writing of such abandonment, delay, refusal , failure, or neglect, and direct the Contractor to comply with all provisions of the contract. 1 .2 Should the Contractor fail to justify why it has abandoned, delayed, refused, failed, or neglected to comply with the terms of the Contract, to the satisfaction of the City, the City may declare a default of the Contract and notify the Contractor and the surety on the performance bond of such declaration of default, or the City may take such other action as may be deemed advisable by the City. 1 .3 Upon receipt by the Contractor of such declaration of default, the Contractor shall discontinue the work, whereupon the City may transfer such work to the surety on the performance bond who then shall assume the work that the City has ordered discontinued. 1 .4 Upon such declaration of default, all payments due the Contractor shall be retained by the City and applied to the completion of the Contract and to any damages suffered and expenses incurred by the City by reason of such default. If the Contractor is declared in default and the surety on the performance bond assumes the Contract at the discretion of the City, in which event all payments remaining due the Contractor at the time of default, less amounts due the City from the Contractor and less all sums due the City for damages suffered and expenses incurred by reason of such default, shall be due and payable to such surety. Thereafter, such surety shall receive monthly payments equal to those that would have been paid the Contractor had such Contractor continued to perform the Contract. 1 .5 If such surety fails to assume the performance of the Contract so transferred, or the City does not request the surety to assume such performance, the City may complete the Contract or any part thereof, and the City shall have the right to take possession of and use any or all of the vehicles , material , equipment, facilities , and property of every kind provided by the Contractor for the performance of this Contract, and to procure other vehicles , material , equipment, facilities and property of 3984L-02L - 28 - every kind provided by the Contractor for the performance of this Contract, and to procure other vehicles, equipment and facilities necessary for the completion of the same, and to charge the cost of same to the Contractor and its surety together with the cost incident thereto. In such event, however, the Contractor shall be entitled to receive reasonable compensation for its material and property so taken. 1 .6 In the event that the City completes the Contract at a lesser cost that would have been payable to the Contractor under such contract, if the same had been fulfilled by said Contractor, then the City shall retain such difference. Should such cost to the City be greater, the Contractor and its surety shall be liable for any pay the amount of such excess to the City. 1 .7 Should the Contractor fail at any time to perform all or any part of the Contract for whatever cause or reason, the City may take possession of all of the Contractor' s equipment, vehicles, and facilities, and employ such force as it may deem advisable to continue the work; and the cost of labor, materials, and equipment necessary for such work shall be paid by the City out of monies then due or to become due the contractor under and by virtue of the Contract for the work herein specified. SECTION 2. LIQUIDATED DAMAGES 2.1 Since a breach of the service provided by this Contract would cause serious and substantial damage to the City and its citizens , and the nature of this Contract would render it impracticable or extremely difficult to fix the actual damage sustained by the City by such breach, it is agreed that in case of breach of service, the City may elect to collect liquidated damag--s for each such breach, and the Contractor will pay to the City, as liquidated damages and not as a penalty, the amounts set forth below, such sums being agreed to as the amount which the City will be damaged by the breach of such service. An election to seek such remedies shall not be construed as a waiver of any legal remedies that the City may have as to any subsequent breach of service under this contract. 3984L-02L - 29 - 2.2 Violation of any section of this Contract shall be subject to a fine of $50 per occurrence unless otherwise indicated. A truck beginning residential $75 per occurrence collection prior to 7:00 a.m. Contractor' s employee found without $100 per occurrence proper uniform, identification and/or safety equipment. Failure of Contractor to maintain, $100 per occurrence wash and clean collection vehicles. Same customer missed three (3) times $100 in a six month period through no fault of the customer. The repetition of complaints on $150 a route after notification to replace cans or containers in designated locations, spilling, not closing gate, crossing planted areas, or similar violations. Failure to comply with Holiday $150 Schedule. Failure of Contractor to collect $200 after 24 hours a missed pickup within 24 hours $400 after 48 hours of notification provided the miss $200/24 hours for each was reported within 48 hours of the additional 24 hours. miss. 2.3 Such liquidated damages as the City shall elect to collect will be deducted from the monthly payments due the Contractor. SECTION 3. FORCE MAJEURE 3.1 Contractor shall not be in default under this Contract where its failure to perform is due to force majeure events. For the purposes of this Contract, force majeure events do not include strikes, but do include without limitation, acts of God, civil disorders, earthquake, fire and other events beyond Contractor' s control . iopai _n9i - 'n - IX. EMPLOYMENT AND SUBCONTRACTING AND CONFLICT OF INTEREST 1 .1 The Contractor warrants that it has not employed or retained any company, or person, other than a bona fide employee working solely for the Contractor, to solicit or secure the contract, and that it has not paid or agreed to pay any company or person, any fee, commission, or percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability. Contractor warrants that it has no apparent or real conflict of interest with any other firm, entity, jurisdiction or person in conducting services under this contract. In the event such conflict is discovered following execution of this contract, Contractor agrees to immediately report such conflict to the City. Should the City alone determine that such conflict presents or poses circumstances that will adversely affect or compromise the work to be performed under this contract, the City shall be entitled to terminate this agreement immediately without cause and to demand and receive full payment from Contractor of all monies received to date by the Contractor. The Contractor shall pay to the City all the City ' s attorney' s fees and costs necessary to enforce these provisions. Contractor agrees to provide the City all reasonable requests for documents and records, including all notes and information whether written or stored in an electronic memory or medium. The City shall be entitled to request and receive any and all documents and records establishing a relationship between the Contractor and third party determined or believe to represent a conflict of interest by the City. At the option of the City, should the City determine that a substantial conflict of interest exists adversely affecting the work to be performed under this agreement, the Contractor shall terminate its relationship with its existing or prospective client to remove such conflict under terms and conditions approved by the City of Kent. IAOAI „oi Entered into on the dates set forth below. CITY OF KENT RABANCO dba KENT DISPOSAL By: By: Date: Date:_--e� -7 — By: Date : 3984L-02L -32- Kent City Council Meeting Date July 5, 1988 Category Consent Calendar 1. SUBJECT: INCREASE IN INTERIM FINANCING AUTHORIZATION FOR THE GOLF COURSE 2 . SUMMARY STATEMENT: Authorization to increase the interim financing loan from the City' s General Fund to the golf course. _ Oniginal anticipation with the establishment of the loan amount to a maximum of $1, 000, 008 was that the bonds would be sold early in 1988 . Presently bonds are anticipated for sale in late July with the City receiving the proceeds in August . Interim financing is requested to be authorized to the maximum of bond authorization approximately $5 , 250,000. The City is not anticipating using this maximum authorization but it is established so that reauthorization will not be needed. In this interim period the City is actually benefited by being able to finance interim construction at a lower short-term interest rate as opposed to the higher long term bond rate. 3 . EXHIBITS• 4 . RECOMMENDED BY: Staff Operations Committee (Committee, Staff , Examiner , Commission, etc . ) 5 . EXPENDITURE REQUIRED: $ n/a SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember moves , Councilmember seconds DISCUSSION: ACTION• Council Agenda TtPm No_ 3D Operations Committee Minutes June 17, 1988 Page 2 INTERIM FINANCING FOR THE GOLF COURSE Finance Director McCarthy told the Committee that they had authorized in September of 1987 an interim financing loan to the golf course up to $1 ,600,000. Anticipation at that time was that the bonds would be sold in early 1988. Present plans call for selling the bonds in July of 1988 with proceeds received in August, therefore, the amount of the interim financing needs to be increased to the amount of the construction funds needed ($4,250,220) . This increase will not been detrimental to the property since the interim financing rate is a lower rate than the long term bonding rate. The Committee approved this item for inclusion on the consent calendar for the first meeting in July. AUTOMATION PLAN CONTRACT City Administrator McFall and Information Services Director Spang told the Committee of the process that had been undertaken since the demise of Infocomp, the City's general government software vendor. With the help of a consultant and substantial work by staff, the City has located a substitute vendor, the Washington Community College Computing Consortium (WCCCC) . This organization located in Redmond provides financial , payroll/personnel , and park systems that meets the City's needs, with relatively few modifications. They are a fairly large organization with 65 employees and are the third largest Hewlett-Packard system in the State next to Boeing and Weyerhaeuser. Reference checks and site visits have found them to be a quality provider of services. The installation for the City of . Kent will be their first in local government and therefore the City is receiving some discounts from their stated prices. The overall cost of their system will be less than $350,000 which is slightly more than the same systems would have cost from Infocomp. Following some discussion about the systems to be provided by WCCCC and the use of other systems on tape received from Infocomp, the Committee approved the authorization to sign a contract with WCCCC and their marketing group the Management Advisory Group (MAG) . Kent City Council Meeting Date July 5, 1988 Category Consent Calendar 1. SUBJECT: PUBLIC WORKS FUEL TANKS 2. SUMMARY STATEMENT: Accept as complete the contract with Gaston Brothers for the Public Works underground fuel tank project for the final contract price of $75, 129 . 50 and release of retainage after receipt of the necessary releases from the State. 3 . EXHIBITS: Memorandum from the Director of Public Works 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $75, 129. 50 SOURCE OF FUNDS: Budget 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Ttcm Mn 1F DEPARTMENT OF PUBLIC WORKS June 30, 1988 TO: Mayor Kelleher and City Council FROM: Don Wickstrom'.N"3 RE: Public Works Underground Fuel Tank Gaston Brothers was awarded the contract to replace the underground fuel storage tanks at the City shops for the bid amount of $79,453 on March 15, 1988 . The project replaced the City's existing four underground steel tanks with reinforced plastic tanks and brings us into compliance with the Federal guidelines for underground storage tanks. A budget of $100, 000 was established with final construction costs being $75, 129. 5 and project costs paid to date of $88, 860. 61. It is recommended the project be accepted as complete and the retainage released after receipt of the State releases. Kent City Council Meeting Date July 5, 1988 Category Consent Calendar 1. SUBJECT: CITY OF KENT SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN 2 . SUMMARY STATEMENT: Authorization to establish July 19 as date for public hearing on the annual update of Kent ' s six-year transportation improvement plan. 3 . EXHIBITS: None 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F Kent City Council Meeting Date July 5, 1988 -- Category Consent Calendar 1. SUBJECT: CITY ' S SELF-INSURED WORKERS COMPENSATION ADMINISTRATION 2. SUMMARY STATEMENT: Authorization for the Mayor to sign a Professional Services Agreement with Scott Wetzel Services, Inc . , for Workers Compensation Claims Administration. This is an annual review of our existing agreement. 3 . EXHIBITS: Memo from Mike Webby, Assistant City Administrator and attachments 4 . RECOMMENDED BY: City Council Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $10,750 SOURCE OF FUNDS: 1988 Budget 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• ,•• Council Agenda Item No. 3G MEMORANDUM DATE: June 30, 1988 TO: May r Kelleher, and Council Members FROM: Mi ebby, Assistant City Administrator SUBJECT: Self-Insured Workers' Compensation Claims Administration The purpose of this memorandum is to discuss the renewal of our workers ' compensation claims administration service agreement. We have managed our self-funded program since July, 1979, and Scott Wetzel Services, Inc. has provided claim services during that period. We wish to continue our relationship with Scott Wetzel Services at this time and such recommend the Mayor be authorized to sign the renewal agreement for 1988 . The renewal recommendation is scheduled for review by the Council Operations Committee at its meeting of June 30, 1988. The cost of claim services will be approximately $10,750. Funding for services is contained within the 1988 budget. You will note in the attachment to my memorandum our savings for this past year have been approximately $100, 000. We have saved about $775, 000 since we moved to self insurance. If for any reason the Operations Committee wish to delay action on this item stall will request it be pulled from the Consent Calendar. If you have any questions on concerns regarding this request, please contact me prior to Tuesday evenings Council meeting. RECEIVED RECEIVED JUN 13 1988 JUN 1988 CITY ADMINISTRATION CITY ADMINISTRATION Scott Wetzel Services Inc orporated 500 Pacific Avenue • Seventh Floor • P.O.Box 418 • Bremerton,Washington 98310 Phone:(206)479-0200 June 8 , 1988 _. Mr. Michael Webby Assistant City Administrator City of Kent 220 Fourth Avenue South Kent , Washington 98032-5895 Re: Self-Insured Workers ' Compensation Service Agreement Proposal, July 1 , 1988 to July 1 , 1989 Dear Mike: I enjoyed the opportunity to chat with you by phone and I am sorry we probably won' t be able to get together for two or three weeks . As you requested, however, the following will briefly recap the claims experience for the City of Kent for , the current year, projected for one (1) month, and also a proposal for Service Agreement renewal . The Workers ' Compensation losses for the year 1987 - 1988 con- tinue to show a slight tendency to increase and we are pro- jecting approximately 77 claims by the time everything has been filed, and including the incurred, but not reported factor. Also, of significance is the Medical Only to Indemnity ratio, which is gone from 82/18% in 1985 , to 81/19% in 1986 , then to 76/24% in 1987 , and for the current year , would appear to be about 73/27% . Savings for the current year are projected as slightly in ex- cess of $100 , 000 in claims costs . For all years, the savings are in the range of $775, 000 . Even with the program costs for quarterly assessments to the State , excess insurance and surety and SWS service fees , the program is still proving to be highly beneficial to the City of Kent, especially when considering the cash flow advantage. With regard to Medical Bill Adjusting, we enclose a report sum- mary of medical payments for the period 4/01/87 to 4/01/88 . These Mr. Michael Webby Assistant City Administrator City of Kent June 8 , 1988 Page Two show, by virtue of our automated bill payment system, a savings to the City of 17 . 39% of the total amount billed, which equates to $10, 382 .47 . As you know, Mike , the steady increase in the Indemnity percent necessitates considerably more work to administer the claims . We should like to propose for the coming year a minimum annual fee of $10 ,750 , payable quarterly in advance, to administer up to 60 claims with claims excess of 60 at $125 per claim. This fee would also include 50 hours of loss prevention assistance with excess hours at $65 per hour for standard Loss Control and $80 per hour for Industrial Hygiene. This would represent a 4% increase in the minimum annual fee, but would also increase the charge for claims excess of 60 within the contract year. We will be pleased to discuss this with you at your early con- venience. We also send our warmest wishes for a speedy and uneventful re- covery from your forthcoming surgery. Sincerely, L. Bishop Washington W/C Manager BLB:dg Enclosure 4/20/88 REPORT SYSTEM BISHOP .6 : 40 : 26 MEDICAL PAYMENTS BY CLIENT SEA 4/01/87 - 4/01/88 CLIENT NAME: CITY OF KENT TOTAL AMOUNT BILLED 59 ,716 . 23 TOTAL AMOUNT PAID 49 , 333 . 76 TOTAL SAVINGS 10 ,382 . 47 PERCENT OF TOTAL 17 . 39 % Kent City Council Meeting Date July 5, 1988 Category Consent Calendar 1. SUBJECT: GETTYSBURG SQUARE 2. SUMMARY STATEMENT: Acceptance of the Bill of Sale Warranty Agreement for continuous operation and maintenance of approximately 340 feet of pavement widening and 300 feet of new street construction, constructed in the vicinity of Meeker Street and Washington Avenue and release of cash bond after expiration of the one year maintenance. 3 . EXHIBITS: vicinity map 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3H r r � t 1 S Kent City Council Meeting Date July 5, 1988 Category Consent Calendar 1. SUBJECT: LEBLANC ANNEXATION - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance zoning the LeBlanc annexation in accordance with Council action on June 7. 3 . EXHIBITS: Hearing Examiner ' s recommendations, minutes of June 7 Council meeting 4 . RECO14MNDED BY: Hearing Examiner and City Council (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3I 1 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to land use and zoning, establishing the zoning of the LeBlanc Annexation generally located in the vicinity of 112th Avenue S.E. and S.E. 236th Street from R1-20, Single Family Residential, to MRG, Garden Density Multifamily Residential Eight Units, and R1-9.6, Single Family Residential. WHEREAS, the property above described, known as the LeBlanc Annexation, was annexed to the City of Kent on June 15, 1987 under Ordinance 2727 and was automatically zoned R1-20, Single Family Residential; and WHEREAS, on December 16, 1987 the Hearing Examiner held a public hearing to consider the initial zoning of the area described as: The Northwest one quarter of the Northeast one quarter in Section 17, Township 22 North, Range 5, EWM in King County, Washington EXCEPT that portion lyn within the Plat of Park Orchard Division #4 as recorded in Vol. 68 of Plats Pages 58 thru 60 AND EXCEPT the North 30.00 feet thereof; and WHEREAS, the Hearing Examiner recommended to the City Council that the property be rezoned from R1-20, Single Family Residential, to MPG, Garden Density Multifamily Residential, with a maximum density of 12 units per acre for the 5,85 acres known as LeBlanc Gardens and R1-9.6, Single Family Residential for the remainder of the site consisting of approximately 10 acres; and WHEREAS, the Hearing Examiner attached two conditions to the recommendation for zoning as follows: 1. If the applicant makes a significant change to the conceptual site plan, the initial zoning designation on the newly annexed land should be brought back to the Hearing Examiner for review. For purposes of this condition, a significant change includes, but shall not be limited to: A. Landscape buffer of less than 30 feet; B. Two different size or configuration of buildings on the site; and, or C. Different percentage of site coverage. 2. The owners of the property adjacent to 112th Avenue S.E. shall deed to the City of Kent sufficient property for street purposes such that 30 feet of right-of-way exists as measured from the north-south centerline on the southeast quarter of Section 17, Township 22, Range 5, W.M. ; I WHEREAS, the City Council conducted public hearings on May 3, 1988 and June 7, 1988; and WHEREAS, the City Council examined the impact of high density occupancy on streets, schools, and traffic; and WHEREAS, the City Council determined that a higher density for this property will significantly impact the traffic in the area requiring street improvements prior to the addition of such higher density; and WHEREAS, it is recommended by the Public Works Department to the Council that the second condition be revised so that the i right-of-way need not be deeded to the City until prior to issuance of a development permit as follows: - 2 - Prior to the issuance of a development permit (building, zoning, etc. ) for a permitted use for any properties within the LeBlanc Annexation area, the owner shall deed to the City of Kent sufficient property for street purposes such that 30 feet of right-of-way exists as measured from the north-south centerline of the southeast quarter of Section 17, Township 22, Range 5, W.M. ; - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Findings, Recommendations, and Conclusions of the Hearing Examiner as set forth in the LeBlanc Annexation zoning Findings and Recommendations of the Hearing Examiner for the City of Kent, which is on file with the Kent City Clerk, are adopted and the findings concurred with for this site except as modified below. Section 2. Zoning for this site, generally located on approximately in the vicinity of 112th Avenue S.E. and S.E. 236th Street and legally described as: The Northwest one quarter of the Northeast one quarter in Section 17, Township 22 North, Range 5, EWM in King County, Washington EXCEPT that portion lyn within the Plat of Park Orchard Division #4 as recorded in Vol. 68 of Plats Pages 58 thru 60 AND EXCEPT the North 30.00 feet thereof, is hereby changed from R1-20, Single Family Residential, to MPG, Garden Density Multifamily Residential, limited to eight units per acre for the LeBlanc Gardens area consisting of approximately 5.85 acres and R1-9.6, Single Family Residential, for the remainder of the site consisting of approximately ten acres. Section 3. The zoning is subject to the following -.- conditions: - 3 - 1 1. If the applicant makes a significant change to the conceptual site plar, the initial zoning designation on the newly annexed land should be brought back to the Hearing Examiner for review. For purposes of this condition, a significant change includes, but shall not be limited to: A. Landscape buffer of less than 30 feet; B. Two different size or configuration of buildings on the site; and, or C. Different percentage of site coverage. 2. Prior to the issuance of a development permit (building, zoning, etc. ) for a permitted use for any properties within the Leelanc Annexation area, the owner shall deed to the City of Kent sufficient property for street purposes such that 30 feet of right-of-way exists as measured from the north-south centerline of the southeast quarter of Section 17, Township 22, Range 5, W.M. 3. A development permit shall not be issued for the entire site until 112th Avenue is fully improved from 240th to 232nd with sidewalks on both sides of the street. Section 4. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KFLLEHER, NAYCR ATTEST: MARIE JENSEN, CITY CLERK - 4 - Kent City Council Meeting Date July 5, 1988 Category Consent Calendar 1. SUBJECT: SURPLUS PROPERTY NORTH OF S. 244 STREET - RESOLUTION 2. SUMMARY STATEMENT: Authorization for the Public Works Dept. to have an evaluation made of City-owned property north of S. 244th between Summit and 94th Ave. in order to start the process to declare the property surplus . 3 . EXHIBITS: Resolution, Public Works Committee minutes and related correspondence 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3J RESCLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring city utility property, in the vicinity of north of 244th Street, between 94th and Summit Avenue, located in Kent, to be surplus to the City's needs and not required for continued public utility services; and setting a public hearing pursuant to RCW 35.94.040 for July 19, 1988. WHEREAS, the City Council confirms the Public Works V . Committee recommendation to declare the property described in Exhibit A situated in Kent in King County, Washington, as surplus to the City's needs and not required for providing continued public utility services; and WHEREAS, RCW 35.94.040 requires a public hearing before the City may cause such property to be sold and conveyed; and WHEREAS, an appraisal in the amount of $100.00 has been obtained by the Department of Public Works; NOW, THEREFORE, THE CITY COUNCIL CF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The property described in Exhibit A and incorporated herein by this reference situated in Kent in King County, Washington is no longer required for continued public utility service and is surplus to the City's needs. Section 2. A public hearina is set for July 19, 1988 at 7 p.m. in the Kent City Hall. Section 3. Notices of said hearing shall be placed at three conspicuous locations on or adjacent to the subject property and published in a newspaper of general circulation in the City of Kent. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1988. Kent City Council Meeting Date July 5, 1988 Category Consent Calendar 1. SUBJECT: ZONING CODE AMENDMENT ORDINANCE AUTHORIZING - 20 PERCENT REDUCTION IN CERTAIN MULTIFAMILY DENSITY 2 . SUMMARY STATEMENT: On March 15, the City Council referred the Planning Commission' s recommendation for a graduated scale reduction in Multi Family Densities to the City Council Planning Committee. The Planning Commission recommendation also included maintaining Single Family Residential guidelines in new annexations, reviewing the CBD to consider increasing densities in that area and reviewing "overzoned" areas in the City to examine whether those areas should be reconsidered. The Planning Committee reviewed the Planning Commission' s recommendation at their meetings of April 19, June 7 and June 21. On June 21, the City Council voted to reduce Multi Family Densities of the Kent Zoning Code per the Planning Commission' s recommendation including any amendments which the Planning Committee may recommend at the meeting of 6/21/88 , and instructed the City Attorney to prepare the amending ordinance. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: $N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3K i I ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending Kent City Zoning Code Chapters 15.04.040, 15.04.050 and 15.04.060 reducing multifamily residential densities for lots of more than 15,000 square feet in size. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES i HEREPY CRDAIN AS FOLLOWS: Section 1. Kent City Zoning Code Section 15.04.040 is amended as follows: 15.04.040. GARDEN DENSITY MULTIFAMILY RESIDENTIAL - MR-G. Purpose: It is the purpose of this district to provide locations for garden apartment densities suitable for suburban living. A. Principally Permitted Uses. i 1. Single-family dwellings and two-family dwellings or duplexes. 2 . Multiple family dwellings including apartments and townhouses. 3. Crop or tree farming. ,. B. Special Permit Uses. The following uses are permitted provided that they conform to the development standards listed in Section 15.08.020. 1. Churches. 2. Nursery school and day care centers. C. Accessory Uses. 1. Accessory uses and buildings customarily appurtenant to a permitted use, such as garages, carports, minor structures for storage of personal property. 2. Rooming and boarding of not more than three (3) I1 persons. 3. Customary incidental home occupations subject to the provisions of Section 15.08.040. 4. Offices incidental and necessary to the conducts of a principally permitted use. I i I D. Conditional Uses. General Conditional Uses as listed in Section 15.08.030. E. Development Standards. I 1. Single-family dwelling and duplexes. The development standards of Section 15.04.020 and Section 15.04.030 shall apply. I 2. Multifamily dwelling units: ! I a. Minimum lot. 8,500 square feet for the first two-dwelling units; 9759B-seeare-feet-fer-eaeh-additier.a} dwe}linq-unit. b. Minimum lot width. 80 feet. i C. Density. }6-dwe}}ing-Waits-gee-aete: i i i For lots 15 000 square feet or smaller: 16 dwelling units per acre. i ii For lots greater than 15 000 square feet: 14 dwelling units per acre. I d. Maximum site coverage. 45 percent. e. Minimum yard requirements i. Front yard. 20 feet. i ii. Side yard. Each side yard shall be a min-I imum of ten (10) percent of the lot width; however, regardless of lot width, the yard width need not be more than thirty (30) feet. iii. Rear yard. 20 feet. iv. Side yard on flanking street of corner ! lot. 15 feet. f. Distances between buildings i. An inner court providing access to double-row building shall be a minimum of twenty (20) feet. ii. The distance between principle buildings shall be at least one-half (1/2) the sum of the height of both buildings; provided, however, that in no case shall the distance be less than twelve (12) feet. This requirement shall also apply to portions of the same building separated from each other by a court or other open space. a. The landscaping requirements of Chapter 15.07 shall apply. h. Height limitations. Three (3) stories, not i exceeding 40 feet. i. Additional standards. See Chapter 15.08, General and Supplementary Provisions, for requirements concerning accessory buildings and additional standards. 2 _ I i I j. Multifamily Transition Areas. The requirements; of Section 15.08.215 shall apply in any Multifamily Transition Areas, which includes any portion of a multifamily district within 100 feet of a Single-Family District or within 100 feet of a public street right-of-way. F. Signs. The sign regulations of Chapter 15.06 shall apply• G. Off-Street Parking. 1. The off-street parking requirements of Chapter i 15.05 shall apply. I 2. Off-street parking may be located in required yards except for the front ten (10) feet abutting any public right of way which must be landscaped. No off-street parking is permitted in the required open green area. H. Development Plan Review. Development plan review is I required as provided in Section 15.09.010. i I Section 2. Kent City Zoning Code Section 15.04.050 is amended as follows: I 15.04.050. MEDIUM DENSITY MULTIFAMILY RESIDENTIAL - MR-M. j Purpose: It is the purpose of this district to provide for locations for medium density residential districts suitable for I urban-surburban living. i A. Principally Permitted Uses. • i 1. Single-family dwellings and two family dwellings on duplexes. 2. Multiple family dwellings. i3. Crop and tree farming. B. Special Permit Uses. The following uses are permitted provided that they conform to the development standards listed in Section 15.08.020. 1. Churches. 2. Nursery schools and day care centers. I C. Accessory Uses. 1. Accessory uses and buildings customarily appurte- nant to a permitted use, such as garages, carports, or minor structures for storage of personal property. 2. Rooming and boarding of not more than three (3) ' persons. 3. Customary incidental home occupations subject to the provisions of Section 15.08.040. ji - 3 - I i 4. Offices incidental and necessary to the conduct of a permitted use. D. Conditional Uses. General Conditional Uses as listed in Section 15.08.030. E. Development Standards. 1. Single-family dwellinqs and duplexes. The develop-ii Invent standards of Section 15.04.020 and 15.04.030 shall apply. 2. Multifamily dwelling_ units I a. Minimum lot. 8,500 square feet for the first two dwelling units; }T699-squae-€eeE-€er-eaek-add#t#ena}-dwe}}#pal dn3•c- b. Minimum lot width. 80 feet. C. Density. �3-dr+e}}#ng-unite-gen-aere: i. For lots 15,000 square feet or smaller: 23 dwelling units per acre. ii For lots greater than 15,000 square feet: I19 dwelling units per acre. d. Maximum site coverage . 45 percent. e. Minimum yard requirements i . Front yard. 20 feet. ii. Side yard. . Each side yard shall be a min- imum of ten (10) percent of the lot width; however, reqardless of lot width, the yard width need not be more than thirty (30) feet. iii. Rear yard. 20 feet. iv. Side yard on flanking street of corner Ilot. 15 feet. f. Distances between buildings i i. An inner court providing access to double-row building shall be a minimum of twenty (20) feet. ii. The distance between principal buildings shall be at least one-half (1/2) the sum of the height of both buildings; provided, however, that in no case shall the distance be less than twelve (12) feet. This requirement shall also apply to portions of the same building separated from each other by a court or other open space. a. The landscaping requirements of Chapter 15.07 ( shall apply. h. Height limitation . Three (3) stories, not exceeding forty (40) feet. I 4 _ i i. Additional standards. See Chapter 15.08, General and Supplementary Provisions, for requirements concerning accessory buildings and additional standards. j. Multifamily Transition Areas. The requirements, of Section 15.08.215 shall apply in any Multifamily Transition Areas, which includes any portion of a multifamily district within' 100 feet of a Single-Family District or within 100 feet of a public street right-of-way. F. Signs. The sign regulations of Chapter 15.06 shall apply. G. Cff-Street Parking. 1. The off-street parking requirements of Chapter 15.05 shall apply. 2. Off-street parking may be located in required yardsi except for the front ten (10) feet abutting any public right of _., way which must be landscaped. No off-street parking is permitted j in the required open green area. H. Development Plan Review. Development plan review is required as provided in Section 15.09.010. , Section 3. Kent City Zoning Code Section 15.04.060 is amended as follows: 15.04.060. HIGH DENSITY MULTI-FAMILY RESIDENTIAL - Purpose: It is the purpose of this district to provide for loca- tions for high density residential districts suitable for urban living. A. Principally Permitted Uses. 1. Single-family dwellings and two-family dwellings or,l duplexes. 2. Multiple-family dwellings. I 3. Crop and tree farming. B. Special Permit Uses. The following uses are permitted _•- provided that they conform to the development standards listed in Section 15.08.020. I C. Accessory Uses. 1. Accessory uses and buildings customarily appurte- nant to a permitted use, such as garages, carports, or minor structures for storage of personal property. 2. Rooming and boarding of not more than three (3) persons. I 3. Customary incidental home occupations subject to the provisions of Section 15.08.040. - 5 - i 4 . Offices incidental and necessary to the conduct of a permitted use. D. Conditional Uses. General Conditional Uses as listed iin Section 15.08.030. E. Development Standards. 1. Sinqle-family dwellings and duplexes . The develop- ment standards of Section 15.04.020 and Section 15.04.030 shall apply- 2. Multifamily dwellinq units I I a. Minimum lot. 8,500 square feet for the first two dwelling units; 999-square-feet-€er-eaeb-additional-dwe}}¢eg b. Minimum lot width. 60 feet. I i C. Density. 4B-dwe}}#ng_en}ts-per-aere- i. For lots 15,000 square feet or smaller: 40 dwelling units per acre. ii. For lots greater than 15,000 square feet: I26 dwelling units per acre. i d. Maximum site coverage. 50 percent. I e. Minimum yard requirements i. Front yard. 20 feet. ii. Side yard. Each side yard shall be a min -imum of ten (10) percent of the lot width; however, regardless of lot width, the yard width need not be more than thirty (30) feet. 'I iii . Rear yard. 20 feet. iv. Side yard on flanking street of corner lot. 15 feet. i f. Distances between buildings i. An inner court providing access to Idouble-row building shall be a minimum of twenty (20) feet. ii. The distance between principal buildings shall be at least one-half (1/2) the sum of the height of both buildings; provided; however, that in no case shall the distance be less than twelve (12) feet. This requirement shall also apply Into portions of the same building separated from each other by a court or other open space. I I _ g. The landscaping requirements of Chapter 15.07 shall apply. h. Height limitation. Four (4) stories, not exce- i eding 50 feet. I - 6 - I I i i . Additional standards. See Chapter 15.08, General and Supplementary Provisions, for requirements concerning accessory buildings and additional standards. j. Multifamily Transition Areas. The requirements) of Section 15.08.215 shall apply in any Multifamily Transition Areas, which includes any portion of a multifamily district within 100 feet of a Single-Family District or within 100 feet of a public street right-of-way. F. Signs. The sign regulations of Chapter 15.06 shall apply. G. Off-Street Parking. 1. The off-street parkins requirements of Chapter 15.05 shall apply. 2. Off-street parking may be located in required yards except for the front ten (10) feet abutting any public right of way which must be landscaped. No off-street parking is permitted in the required open green area. H. Development Plan Review. Development plan review is required as provided in Section 15.09.010. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR I ATTEST: I I I MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY I;I PASSED the day of 1986. APPROVED the day of , 1988. I PUBLISHED the day of , 1988. I 7 Kent City Council Meeting Date July 5, 1988 Category Consent Calendar 1. SUBJECT: ZONING CODE AMENDMENT RESOLUTION REGARDING UPDATE OF THE HOUSING ELEMENT OF THE CITY' S COMPREHENSIVE PLAN, INCLUDING A STUDY OF SINGLE FAMILY AND MULTIFAMILY HOUSING DENSITIES 2 . SUMMARY STATEMENT: See also Summary Statement of Zoning Code Ordinance. On June 21st the City Council approved a 20 percent zoning reduction for certain multifamily residential zones . The Council also deemed that such action would be an interim measure to be followed by a area by area analysis of the Housing Element of the City' s Comprehensive Plan, the results of which would be implemented as each step is completed . Planning Department is directed to establish a work program to carry out the analysis . 3 . EXHIBITS: Resolution 4. RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3L i RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, regarding housing, directing an update of the Housing Element of the City's Comprehensive Plan, including a area-by-area study of single-family and multifamily housing densities. WHEREAS, the City Council, by Resolution 1123, evidenced a desire to achieve reduction in the density of multifamily housing developments through revision to Kent's comprehensive plan and zoning code; and WHEREAS, there is an increasing imbalance between multifamily and single-family housing within the City, and a lack of availability of a mix of housing options for Kent resident;and WHEREAS, the City Council is concerned with the City's ability to provide, in a timely manner, the public facilities and services necessary to support the increase in multifamily development; and WHEREAS, the City Council, by Resolution 1145, endorsed options B and C of the Planning Department's July, 1987 "Report on Multifamily Density", and directed the Planning Department, Planning Commission and Hearing Examiner to undertake actions necessary to proceed with those options including gathering input from the public on the report and options; and WHEREAS, the Planning Commission held Public Hearings on the multifamily density reduction on November 23, 1987, January 25, 1988 and February 29, 1988; and referred its resulting recommendation to the City Council. WHERFAS, on April 19, 1988 and June 7, 1988 the Kent Planning Committee discussed the matters related to reduction in the density of multifamily developments; and received additional _. public input. i WHEREAS, the Council Planning Committee, on June 21, 1988, submitted to the Kent City Council it's recommendations and accompanying addendum for implementing Council Resolution 1123; NOW, THEREFORE, THE CITY CCUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. City of Kent Ordinance , passed contemporaneous to this resolution, amending the Kent City Zoning Code to achieve a reduction of multifamily residential housing by 20 percent is incorporated by reference into their resolution. The City-wide graduated scale reduction referenced in that ordinance shall be an interim measure, to remain in effect until the completion and adoption of an area-by-area residential analysis, as described more fully in Section 2 below. Section 2. A. The Planning Department shall conduct a study and proposed update of the housing element of the City's Comprehensive Plan, including an area-by-area analysis of multifamily residential density for the East Hill, West Hill and Valley Floor planning areas. B. The analysis shall determine those areas which are appropriate for density increases, for potential new multifamily areas, or for density reductions. The goal of the analysis shall be to present to the Council a plan to achieve an average 20 percent reduction in total multifamily residential density. C. The study shall explore ways to encourage new single-family residential development and to maintain existing single-family neighborhoods. D. The study shall be conducted in steps, area by area. As each step is concluded, the results of the analysis shall be implemented. The results of the area-by-area study are to be proposed for implementation through text and/or map zoning 2 - amendments to be presented to the Council within one year of the adoption of their resolution. E. The step by step analysis shall include a review of the Central Business District and surrounding area in order to consider the potential for increasing residential densities in that area, either through proposed rezoning or revising of the zoning in that area. The review is for the purpose of encouraging implementation of Valley Floor residential densities increases that are needed as one element of successful implementation of a commuter rail program. F. Two city neighborhoods, an area south of Willis and a small section of North Park, shall be reviewed to consider revising the zoning of these areas, in order to maintain the neighborhoods' existing single-family residential character and to ,., encourage single-family home ownership for, among other things, low and moderate income residents. G. The densities of future annexation areas shall be considered as annexations are presented to the Council for consideration, with the intent of ensuring that single-family housing continues to play a major role in the City's housing mix. Section 3. The Planning Department shall work with the City Council to develop a work program for the area-by-area analysis described in Section 2. Section 4. The Planning Department shall present to the Council proposed revisions to the City's Planned Unit Development Ordinance, in order to consider the retention of availability of. a 20 percent multifamily density bonus, and in order to encourage and increase of the applications for Planned Unit Developments. Passed at a regular meeting of the City Council of the City of Kent, Washington this _ day of 1988. Concurred in by the Mayor of the City of Kent, this day of , 1988. DAN KELLEHER, MAYOR _.. _ 3 - Kent City Council Meeting Date July 5, 1988 Category Consent Calendar 1. SUBJECT: AMENDMENT TO ORDINANCE NO. 2233 - HEARING EXAMINER 2 . SUMMARY STATEMENT: This ordinance enables Hearing Examiner decisions including findings and conclusions to be sent to the -" applicant and other parties of record via first class mail rather than by certified mail . An affidavit of mailing would be filed attesting to the mailing. 3 . EXHIBITS: Ordinance - 4 . RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner , Commission, etc . ) 5 . EXPENDITURE REQUIRED: $N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves , Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3M ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending Ordinance 2233, Section 4, and Kent City Code 2.54.140 deleting the — requirement that Hearing Examiner decisions be sent by certified mail, and adding authorization of use of first class postage prepaid mailings and Vfidavits of mailings. i I WHEREAS, RCW 35A.63.170 authorizes the Kent City Council to adopt a Hearing Examiner System, and to proscribe procedures t be followed by the Hearing Examiner; and WHEREAS, the Rent City Council has previously proscribed procedures for the Hearing Examiner System by adoption of Ordinance 2233, as codified in Kent City Code Chapter 2.54; and III �I WHEREAS, the Council now determines that there exists 1 good cause to modify one procedure contained therein, namely, the I requirement that the Hearing Examiner findings and conclusions be �I transmitted by certified mail, return receipt, should be deleted, and replaced with a less costly procedure wherein first class mailinqs and affidavit of mailings are authorized; NOW, THEREFORF,I 1 1 THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTCN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code 2.54.140, is amended as I follows: _ li 2.54.140. EXAMINER'S DECISICN AND RECCNMENDATICN--FINDINGS RFQUIR£D. When the Examiner renders a Idecision or recommendation, the Examiner shall make and enter written findings from the record and conclusions therefrom which i IIsupport such decision, which decision shall be rendered within fourteen calendar days of the conclusion of the hearing. The copy i of such decision including findings and conclusions, shall be transmitted by eetti€ied-irailT-return-teeeipt-fequesEed first i I f t t i class mail, postage prepaid, to the applicant and other parties ofi record in the case requesting the same. There shall be kept on � •• file in the Planning Department a signed affidavit which shall attest that each mailing was sent in compliance with this provision. In the case of applications requiring Council approval, the Examiner shall file a decision with the City Council at the IIexpiration of the period provided for a rehearing or within fourteen days of the conclusioq of a rehearing, if one is conducted. (0.2233, 914) Section 2. That portion of previously enacted Ordinance 2233 which required mailing by certified mail return i receipt requested, and which conflicts with this ordinance is repealed to the extent of the conflict. _ Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, I approval and publication as provided by law. I iI I iDAN KELLEHER, MAYOR II ATTEST: ill MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNFY PASSED the day of , 1988. APPROVED the day of , 1988. PUBLISHED the day of , 1988. i I I � 2 Kent City Council Meeting Date July 5 1988 Category Consent Calendar 1. SUBJECT: L. I .D. 297 ASSESSMENT NO. 3 - RESOLUTION 2 . SUMMARY STATEMENT: Resolution segregating assessment No. 3 on L. I .D. 297 . 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff , Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves , Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3N Portion of Tract 29 MEEKERS SUPL PLAT 1ST ADD TO KENT LOT 2 TGW E 30 FT & S 270 FT OF LOT 1 AND LOT 3 EXCEPT THE SOUTH 12.4 FT OF THE WEST 164.07 FT KC SP 1/7501100471 SD SP DAF - BEG AT SE COIL TR 28 SO ADD TH S 89-37-13 W ALG N MGN W MEEKER ST (KENT-DES MOINES RD) 819.17 FT TO TPOB TH N 00-22-47 W. 540.89 FT TO NXN WITH WLY EXT OF S MGN SHINN ST TH S 89-37-13 W ALG SD EXTD LN TO ELY LN OF W 30 FT SD BLK 29 TH SLY ALG SD ELY LN TO S ALN So PPROVEDKAUG 23, 1982KAND AKAELOT02NES RD OF KENTH ELY BDRY LNG So N MGN TO ADJ APPROVED 7P0 A LOT 2 KENT DORY LN ADJ 1-86. I� y- 0, �jl 1 llgl 6 n ' A PORTION OF LOT 2 OF CITY OF KENT SHORT PLAT NO. SPC-74-11 RECORDED JANUARY 10, 1975 UNDER RECORDING NO. 7501100471 AND AS RECORDED BY BOUNDARY LINE ADJUSTHENT RECORDED JULY 10, 1986 UNDER RECORDING NO. 8607100973; BEING A PORTION OF BLOCK 29, SUPPLEMENTAL , PLAT OF MEEKER's FIRST ADDITION TO THE TOWN OF KENT. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PACE 96, RECORDS OF .KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COKKE14CING AT THE SOUTHEAST .CORNER OF SAID LOT 2; THENCE SOUTH " 89037'13" WEST, ALONG THE NORTH MARGIN OF WEST MEEKER�ROAD, 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89037'13" WEST ALONG SAID NORTH MARGIN 138.00 FEET; THENCE NORTH 00022147" WEST 125.00 FEET; THENCE NORTH 89037'13" EAST 138.00 FEET; THENCE SOUTH 00022'47" \�AST 125.00 FEET TO SAID NORTH MARGIN AND THE TRUE POINT OF BEGINNING. " EXHIBIT C a Portion of Tract 29 MEEKERS SUPL PLAT 1ST ADD TO KENT LOT 2 TGW E 30 FT & S 270 FT OF LOT 1 AND LOT 3 EXCEPT THE 8 SOUTH 124 FT OF THE WEST 164.07 FT KC SP #7501100471 SD SP DAF - BEG AT SE C014 TR 28 SD ADD TH S 89-37-13 W ALG N MGN W MEEKER ST (KENT-DES MOINES RD) 819.17 FT TO TPOB TH N 00-22-47 W. 540.89' FT TO NXN WITH WLY EXT OF S MGN SHINN ST TH S 89-37-13 14 ALG SO EXTD LN TO ELY LN OF W 30 FT SD BLK 29 TH SLY ALG SD ELY LN TO S LN SU BLK 29-& N MGN KENT - DES MOINES RD TH ELY ALG SO N MGN TO TPOB AKA LOT 2 KENT DORY LN ADJ APPROVED AUG 23, 1982 AND AKA LOT 2 OF KENT DORY LN ADJ APPROVED 7-1-86. t4(CE PT - OL, Fo(-. ParY, A PORTION OF LOT 2 OF CITY OF KENT SNORT PLAT 110. SPC-74-11 RECORDED JANUARY 10, 1975 UNDER RECORDING NO. 7501100471 AND AS RECORDED BY BOUNDARY LINE ADJUSTMENT RECORDED JULY 10, 1986 UNDER RECORDING NO. 8607100973; BEING A PORTION OF BLOCK 29, SUPPLEMENTAL , PLAT OF MEEKER'S FIRST ADDITION TO THE TOWN OF KENT. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 96, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 89037'13" WEST, ALONG THE NORTH MARGIN OF WEST HEEKERBROAD, 30.00 FEET TO THE TRUE POINT OF BECINNINGt THENCE CONTINUING SOUTH 89037'13" WEST ALONG SAID NORTH MARGIN 138.00 FEET; THENCE NORTH 00022147" WEST 125.00 FEET; THENCE NORTH 89037'13" EAST 138.00 FEET; THENCE SOUTH 00022'47" \AST 125.00 FEET TO SAID NORTH MARGIN AND THE TRUE POINT OF BEGINNING. Kent City Council Meeting Date July 5 , 1988 Category Consent Calendar 1. SUBJECT: L. I .D. 297 ASSESSMENT NO. 18 - RESOLUTION 2 . SUMMARY STATEMENT: Resolution segregating assessment No. 18 on L. I .D. 297 . 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner , Commission, etc . ) 5 . EXPENDITURE RE UIRED: $ N/A SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 30 Kent City Council Meeting Date July 5, 1988 Category Consent Calendar 1. SUBJECT: HYTEK FINISHING TEMPORARY STREET USE PERMIT 2 . SUMMARY STATEMENT: Adoption of Ordinance amZMftTrg_ — authorizing the Public Works Director to allow temporary parking in no-parking areas on S . 200th Street from 80th Avenue S . to 84th Avenue S . and on 81st Avenue South from S. 200th Street to S . 196th Street, subject to the terms and conditions established by the Public Works Director . 3 . EXHIBITS: 4 . RECOMMENDED BY: (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No . 3P PUBLIC WORKS COMMITTEE June 27, 1988 PRESENT: JON JOHNSON KEN MORRIS BERNE BITEMAN TIM HEYDON JUDY WOODS KAREN SIEGEL DON WICKSTROM BONNIE FELL BRENT MCFALL MAY MILLER GARY GILL PRISCILLA SHEA TONY MC CARTHY CLIFF JOHNSON Hytek Finishing Cliff Johnson indicated that during their last phase of the closure plan they will need to use the existing employee parking lot for construction staging. They are requesting the temporary use of the street to provide for employee parking during this time period which he estimates to be between July 5 ' and October 31. A map (copy attached) of the proposed use and number of required parking stalls was distributed to the Committee. Wickstrom indicated the Public Works Department has no problems with allowing this other than we would need to develop conditions protecting the City from any liability for this on-street parking . The Committee unanimously approved the request subject to the conditions which s will be developed by the Transportation Division of the Public Works Department. Green River Levee Improvement - S. 212th Street Bridge Wickstrom indicated that the project fund is currently $200, 000 and - the low bid received on June 27 was $289, 431. 80. Wickstrom noted that $150, 000 for levee work near Meeker Street was budgeted but because of the need for a 404 permit no work will be done this year. Wickstrom proposed transferring the $150, 000 to the Green River Levee Improvement S. 212th Street Bridge fund so that we can proceed with construction and meet the time limitations of our Fisheries permit. The Meeker Street levee work would then be budgeted next year. The Committee unanimously approved the request. � S , I �-- ,r gcaF acans ,a + 'log W4a 5 SCAR. S 200T H ST D ❑co -n d zm ;rN P � cn }� ` 1v to h A e } kQ CN 131 co (n F - m n J cn ZZ p � ws � c Kent City Council Meeting Date July 5, 1988 Category Other Business 1. SUBJECT: MORTENSON ANNEXATION 2 . SUMMARY STATEMENT: This date has been set for the public meeting with the initiators of the proposed annexation of approximately 10 acres in the vicinity of south 218th St, and 98th Ave. South. The City Clerk has given the proper legal notice. Mayor to ask for comments from the audience. 3 . EXHIBITS: vicinity map with memorandum from the Director of Public Works . 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCI ON: Councilmember moves, Councilmember seconds that Council onjr with the proposed annexation and authorizes the circulation the 75 percent petition subject to the --s.�Cisting bonded indebtedness to the City and the land use plan ✓ If7 the annexation area. � L '''_ CUSSION: -� ACTION: cj r ' r Council Agenda Ttnm Aln AA DEPARTMENT OF PUBLIC WORKS June 30, 1988 TO: Mayor Kelleher and City Council FROM: Don Wickstrom&i RE: Mortenson Annexation The proposed annexation area is a 10-acre parcel in the vicinity of 98th Avenue S. and S. 218th Street. The 1988 land valuation is $267,700 and improvement valuation is $335, 800 . 1988 King County general taxation is $8,212 . 52 . The area is in the Kent School District and Fire District 37 . It is in Kent ' s Sewer Franchise area and an 8-inch sewer main is - approximately 10 feet from the southwest corner of the proposed annexation area. The property is currently in the Soos Creek Water and Sewer District franchise area for water service. The current King County zoning is SR 9600 and Kent's Comprehensive Plan designates Single Family Residential with R-1 20, 000 zoning for the area. .f.y ..-. . I 17.'A:g._ P 3 ti r 42 I� m , LOT 4 in ti. o �ol � � ; to lu n p 329.4 N U D n AI n N F II I MAY 2 5 1988 OI N ` LOT 3CITY OF KENT CITY CLERK y AP%C w Q' \„ 2 0 p X .34• Q V. 0) _ lIB9-59-27E 298.oa 0 :�— 9.3232 - _ — N u Q LOT Z LOT 1 LOT Q- 00 w Lo 105 KC SP 12840 5-8612151217 cn ri r. 929.2 N 0 � x. L0T 2 LOT 3 "a �a N v� f LOT I AG Ln ^ Bf Ac' r 09 e s Z �� 1• R„v��// � .... ,(Evr oap �er�, 218TH. :. ST. --i3 — __ ..._•A ��._---- - - . . _ Imo- [ - - - _ - - - - ,-e .. � \��•I . rA o I •i ^� j � ✓ _ n,0 lip Kent City Council Meeting Date July 5, 1988 Category Other Business 1. SUBJECT: SALT AIR HILLS PETITION FOR DEANNEXATION 2. SUMMARY STATEMENT: On May 26 , 1988 the City of Kent received a petition for deannexation from the Salt Air Hills area (Kent Des-Moines Road to South 252nd St. on the west side of Pacific Highway South) . The Council Planning Committee will consider the request for deannexation at its July 5 meeting and the Chair of the Committee will present a report of their recommendation. 3 . EXHIBITS: Staff report to Planning Committee, Western City Boundary Report, petition for deannexation, Council minutes of June 7, 1988 4 . RECOMMENDED BY: Planning Committee, July 5, 1988 (Committee, Staff, Examiner, Commission, etc. ) to be made by Planning Committee Chairperson 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to accept the Planning Committee ' s recommendation of regarding the Salt Air Hills petition for deannexation. DISCUSSION: ACTION: Council Agenda Tram Mn dA June 7, 1988 _.,flATER (CONSENT CALENDAR ITEM 3P) Regional Water Association. APPROVAL for the City ' s continued participation in the association and for payment of annual dues in the amount of $8, 100. DRAINAGE (CONSENT CALENDAR ITEM 3I ) Mill Creek Detention Facility. ADOPTION of Ordinance 2782 providing for the taking of an easement for ingress and egress in the area of the upper Mill Creek drainage facility for maintenance of the detention facilities in the vicinity of 106th Ave. S .E. and S.E. 268th block. "PUBLIC WORKS (CONSENT CALENDAR ITEM 3Q) The Lakes. AUTHORIZATION for the Mayor to sign release of covenants for The Lakes project, as approved by the Public Works Committee. The improvements for which the covenants were executed have been constructed. ,,,SALT AIR HILLS (CONSENT CALENDAR ITEM 3W) ANNEXATION TO REMOVED BY COUNCILMEMBER HOUSER DES MOINES Salt Air Hills Annexation to Des Moines . City Administrator McFall stated that the City has received a valid petition for de-annexation of an area of Kent known as Salt Air Hills . He noted that the petition has been reviewed by the County Prosecuting Attorney ' s office. McFall recommended that the Council. acknowledge receipt of the petition and refer it to the Council Planning Committee where the matter could be studied and a recommendation made to the Council . HOUSER MOVED that the petition be accepted and referred to the Planning Committee as well as other committees , such as Public Works and Public Safety which would be involved. Mann seconded. The motion carried. SURPLUS PROPERTY Scenic Way. Bid opening for sale of the surplus property on Scenic Way was held May 18 . One bid was received from Jack Bigford in the amount of $3 , 300 . The bid exceeds the minimum required bid, therefore it is recommended the bid be accepted and the staff proceed to transfer ownership of the property. JOHNSON MOVED that the bid in the amount of $3 , 300 be accepted and staff proceed with transfer of ownership in the 3 - KENT PLANNING DEPARTMENT June 28 , 1988 MEMO TO: Judy Woods, Chair and City Council Planning Committee FROM: James P. Harris, Planning Director SUBJECT: PETITION TO DE-ANNEX THE SALT AIR HILLS AREA On May 26, 1988 Kent recieved a valid petition to de-annex the area of the City lying on the west side of Pacific Highway South and between Kent-Des Moines Road on the north and S. 252nd Street on the south. This de-annexation proposal is called the Salt Air Hills de- annexation even though it covers a wider area than just the Salt Air Hills subdivision. The City Council formally accepted the petition at the regular City Council meeting held on June 7, 1988 . The Council referred it to the Planning Committee as well as to the Public Works and Public Safety Committees. A Planning Committee meeting will be held on July 5, 1988 and the Public Works and Public Safety Committees will be invited to that meeting. Following is background information concerning the history of this de- annexation effort. 1. Late 1986 City of Des Moines Councilpersons contacted Kent City Councilpersons to discuss the possibility of de-annexing the Salt Air Hills area. 2 . March 1987 - The Kent Planning Department prepared the document titled, Western City Boundary Report. 3 . May 5, 1987 - The Kent City Council adopted Resolution 1133 which, in part, states, "No 'de-annexation' of any area within Kent should occur at this time. " This resolution also states that, "the City of Des Moines has failed to offer a demonstrable advantage to the City of Kent from the de- annexation of certain areas of west Kent. . . " 4 . February 18, 1988 - Kent Mayor and City Council members met with citizens in Salt Air Hills area. The pros and cons of being in the City of Kent were discussed. 5. April 25, 1988 - second meeting between Kent' s Mayor and City Council members and citizens in the Salt Air Hills area. PLANNING DEPARTMENT STAFF RECOMMENDATION: The Planning Department makes the same recommendation at this time, concerning the proposed de-annexation of the Salt Air Hills area, as was made in March 1987 in the Western City Boundary Report. That is: It is recommended that Kent not de-annex the area on the west side of the Pacific Highway corridor. This is a valid part of the City and has been for many years. It is not a Judy Woods, Chair City Council Planning Committee detached part of the City. Each new land use has been carefully reviewed by the City staff and the City is proud to have the commercial and residential units in this area as part of the City. Moreover, City services are provided to the area in an efficient and satisfactory manner. JH:ca 2 WESTERN 'CITY BOUNDARY REPORT CITY OF KENT KENT PLANNING DEPARTMENT MARCH, 1987 Va am s 13 3 CCU W D A RY q t-ea t s id e Ke„� N (SPT,t) � aI-t vilest sideof PAC, h+I.Svv. ND ST p It s 1. _ No'f To ScAt.t 34TH ST _ ry I> > > > r63 m > l a Q a a Fire \ _ Station + go N N N_Athletic H � S 236TH ST 00000 Field N • W , Z < HIGHLIM w CO �O � MMUNt�� < � '� COLLEGE MIDWAY ...arricade N x D H S m 240TH 16 15 ST = N to to owl N iN a. > 21 22 ... C0 a =W .. rn< Q Q > N Q w F a N r. Drive-In S N W H N L Theater .� > %0 N S 24�D Q N ST W S EL 2 2ND ST 99 = S 244ST 3 a S 244TH = 244TH w S 2 4TF M d ST > ST in N F N V PARKSIDE N m ELEMENTARY S 246TVI 246TH PL SCHOOL L[NI)A iC III.'Il.It N J I-,AI(K 1 v a 24 S y 248TH ST I r l S y a Sanitary Landfill I W !'and H S u� S J S 250TH ST T r r_ 9 pA a - ^,7' /. �1; D F.. O N $ J., •• ..1.•�,��. m> m 1ST �, ... %.'•':I S 25 TH a S N j �� •:� '..• PL y 251 r � ,,���� ;..! 2 1ST ST ^ ST ��.t PL S 2521 o zil> f s ,� sr a?N \ S 253RD ST , S 253RD ST S P4 \ S 253RD C TY LI M ITS N I 253Ro > PL (Pvt) N N ST J S a S 2541 1 ST 7a ' y S 21 H ?ggTh J F h ...r y A a �. J m 0L m a =t Qw4 N > • 74 m CITY OF KENT WESTERN BOUNDARY AREA I . Purpose of this Study Recently, City of Des Moines Councilpersons contacted City of Kent Councilpersons concerning the possibility of Kent deannexation of the west side of Pacific Highway South between Kent-Des Moines Road and S. 252nd Street. This study carries out a brief statistical review of the area and divulges facts and figures that are germane to a logical discussion of Kent's role in the Pacific Highway corridor. II . Physical Setting The Pacific Highway corridor between Kent-Des Moines Road and S. 252nd Street is fairly level . On the north/south axis, there is a gentle upward slope southerly of Kent-Des Moines Road (368 feet above sea level) to a point approximately 1 ,200 feet south, where an elevation of 400 feet is reached. This 400-foot elevation holds steady to approximately S. 240th Street. At this point, the topography begins to dip down to the 350-foot level to a point 1 ,800 feet south. This elevation holds fairly constant to S. 252nd Street. Along Kent-Des Moines Road, westerly of Pacific Highway South to the City boundary, there is a downward slope of 93 feet. In the Saltair Hills Subdivision, there is a downward slope of 100 feet westerly _. of Pacific Highway South. There are 107 acres inside the Kent corporate limits on the west side of Pacific Highway South. III. Comprehensive Plan and Zoning Kent's West Hill Plan, adopted in 1984, indicates that the land use in the Pacific Highway corridor will be commercial . In addition to the land use designation, the plan contains goals, objectives and policies that are germane to the Pacific Highway area. These are: GOAL: Implement West Hill 's Comprehensive Plan goals, objectives and policies through effective, efficient and aesthetic land use patterns. OBJECTIVE: Promote effective, efficient and well-designed commercial areas that are aesthetically pleasing and logically placed. POLICY: Recognize the Highway 99 (Pacific Highway South) area as a major commercial district with special problems and attributes. -2- CITY OF KENT WESTERN BOUNDARY AREA PAGE TWO The plan also has a number of recommendations to help implement these statements. These are: "A study of the Highway 99 commercial corridor should be performed. Such a study should include but not be limited to: 1 ) Establishing specific areas and regulations permitting temporary, seasonal , and mobile vending ( i .e. , fruit stands, cordwood sales, etc. ) . 2) Determining methods to decrease the number of ingress and egress points to decrease automobile and traffic accidents. 3) Increasing the aesthetic qualities of the commercial area (i .e. , street trees, landscaping, sidewalks) . ,, Zoning along the corridor is primarily GC, General Commercial . This district permits a wide range of commercial land uses. Each use is required to do a moderate amount of landscaping, provide a specified number of off-street parking stalls and fit their signage into stated standards. The Saltair Hills area is zoned 111-7.2, Single Family Residential . (The condominiums to the north of Saltair Hills are zoned MR-H, High Density Multifamily Residential , 40 units per acre) . IV. Annexation History The Pacific Highway South area came into the City at two different times. The area south of S. 246th Street was annexed in 1958 while the area between S. 246th and Kent-Des Moines Road was annexed in 1962. Thus, Kent's involvement with this area extends over a period of between 29 and 25 years. In many places along the west side of Pacific Highway South, Kent's boundary does not extend westerly of the highway. This causes a "jigsaw" appearance in the area. This situation came about through annexation procedures which permitted property owners who wanted to annex to do so while those who did not desire to annex did not do so. Historically, the community of Midway existed, primarily centered around today's Kent-Des Moines Road/Pacific Highway South intersection. It is approximately 18 miles from Seattle and 18 miles from Tacoma. Many businesses in this area still preface their names with Midway. The U.S. Postal Service still carries Midway as a valid place name. However, its zip code is 98032, the same as Kent's western zip code. -3- CITY OF KENT WESTERN BOUNDARY AREA PAGE THREE V. Transportation System The transportation system is dominated by Pacific Highway, a north/south prin- cipal arterial with an average daily traffic count (ADT) of 29,000 vehicles south of Kent-Des Moines Road. Kent-Des Moines Road, east of Pacific Highway to Interstate 5, is a major arterial with an ADT of 25,000 vehicles. Kent-Des Moines Road provides access to Pacific Highway from the Green River Valley, I-5, and the Des Moines area to the west. There are no other through east-west streets, although S. 240th Street and S. 252nd Street extend westerly for quite some distance. They each have a lesser extension to the east, being cut off by I-5. South 252nd Street will soon be signalized with a five phase traffic signal with a $115,000 estimated cost. Kent's share will be approximately $48,600. VI. Utility System Kent is not responsible for sewage and water operations in the Pacific Highway corridor. The sewage system is operated by the Des Moines Sewage District while the water system is operated by Water Disrict 75. Kent has formed a City-wide storm utility which affects this western part of the City. At this time, only the maintenance and operations aspects of the utility are in effect along the Pacific Highway corridor. However, capital improvements are planned for the storm drainage system lying within Pacific Highway. VII . Land Use Land use along the western side of Pacific Highway South is characterized by automotive services (13 businesses) , fast food outlets (7 businesses) , and a wide array of other retail and service businesses (43) for a total of 63 commercial uses. There are also five single family dwellings, two apartment complexes, four condominium buildings and a rest home. The Saltair Hills Subdivision is also located along the west side of Pacific Highway South and is inside Kent's boundary. (See accompanying list of business names and the land use map. ) VIII. Population The 1985 population for that part of the west side of Pacific Highway South in Kent was 809 persons residing in 333 dwelling units. Excluding Saltair Hills, the population was 211 persons living in 147 multifamily building units. The population has probably not changed significantly from the 1985 census (Kent did an actual census count in 1985, not an estimate) . -4- CITY OF KENT WESTERN BOUNDARY AREA PAGE FOUR IX. Calls for Service The Pacific Highway corridor in Kent is served by the Kent Fire and Police Departments. Kent's nearest fire station is locatd on 252nd Place just off Military Road. In 1985 the Fire Department responded to 39 emergency medical calls, 32 fire and hazard calls, and 32 other types of calls. During 1986, the Kent Police Department responded to 575 calls on the west side of Pacific Highway South and to 670 calls on the east side, for a total of 1 ,245 calls which was approximately 5% of the total 1986 call volume for the department. X. Economics The assessed valuation for the area west of Pacific Highway South is $42,037,500. The loss of revenue that can be anticipated if the west side of Pacific Highway were to be deannexed is $324,484. The spread sheet shows this loss by revenue category. The numbers in parentheses beside the loss of revenue figures are related to the sheet of footnotes which are on the page following the spread sheet. -5- LOSS OF REVENUE WITH DEANNEXATION WEST OF HIGHWAY 99 1987 City Increased Final Revenue Property Budget Loss Taxes General Fund I Taxes: Property 5,671,735 111,168 (1) Sales and Use 5,918,834 82,968 (2) Utility 1,786,650 32,874 (3) Other 180,000 23,776 (4) Licenses and Permits 518,536 8,460 (5) Intergovernmental Revenues 2,530,825 25,062 (6) Charges for Services 1,014,201 Fines and Forfeitures 365,000 10,317 (7) Interest Income 600,000 9,321 (8) Miscellaneous 379,847 TOTAL GENERAL FUND 18,965,628 303,946 Street Fund Gas Tax 590,144 16,682 (9) Voted Debt Service Fund Property Taxes 1,582,508 29,006 (10) Sewerake Fund Drainage 1,620,000 3,856 (11) TOTAL 324,484 29,006 STATISTICS Population West of Highway 99 809 Assessed Valuation West of Highway 99 $42,037,500 -6- TOSS OF REVENUE WITH DEANNEXATION {VEST OF HIGHWAY 99 OOTNOTES (1) Based on 1986 assessed valuation of all property West of Highway 99 plus a 7.5% increase to arrive at an estimated 1986 assessed valuation. 1986 estimated assessed valuation West of 99 tames 1987 General Fund levy rate of $2.46 per $1,000 of assessed valuation equals $111, 168. 2) Based on collections in May & June of 1986 times 6(see Business West of Highway 99) less Department of Revenue Administration Fee and County portion of sales and use tax. 3) Based on the percentage of assessed valuation West of Highway 99 assuming utility tax revenue per $1,000 of assessed valuation West of 99 is characteristic of the rest of the City: 42,037,500/2,284,807,926 1.84% 1.84% X 1,786,650 = 32,874.36 (4) Gambling tax 1986 actuals from Midway Tavern and Windward Inn(see Businesses West of Highway 99) . 'Y5) Based on loss of Business License revenue(see Businesses West of Highway 99) plus a percentage of the remaining budget for Licenses and Permits. $1,412.50 + (42,037,500/2,284,807,926) X (518,536-135,500) = $8,460 !6) Auto excise, liquor excise and liquor profits are distributed to the City on a per capita basis($22.68 per capita) . $22.68 times population West of Highway 99 = $18,348. The EMS levy is based on assessed valuation. EMS revenue will decline by the percentage of assessed valuation West of 99(1.84%) times EMS revenue of $364,893 = $6,714. (7) Based on percentage of population West of Highway 99. ;8) Based on percentage of General Fund interest income to General Fund total i.ncome(600,000/18,965,628) times revenue loss: (600,000/18,965,628) X 294,626 = $9,321 (9) Gas tax is distributed based on population and fuel consumption which is estimated by the State to he $20.62 per capita. (10) No revenue loss to the City, however, property taxes for voted general obligation bonds will have to be redistributed to the rest of the City. The levy for the voted general obligation bonds is $.69 per $1,000 of assessed valuation. Assessed valuation for property West of Highway 99 is $42,037,500. $.69 times $42,037,500 = $29,006. The $29,006 would be paid by property owners East of Highway 99. '(11) Drainage charges based on January '87 billing for the businesses West of Highway 99 times 12(see Businesses West of 99) plus number of residential accounts, 84, times average monthly residential drainage bill, $.92, times 12. -7- CITY OF KENT WESTERN BOUNDARY AREA PAGE FIVE XI . Conclusions Kent has had a presence in the Pacific Highway South area for at least 25 years. Although there are some gaps in the City's boundaries along the west side of Pacific Highway South, for the most part the area between Kent-Des Moines Road and just south of S. 252nd Street lies within Kent's boundary. Both the Police and Fire Departments respond, on a regular basis, to calls for service. Public streets in the area are maintained at an acceptable -. level . The West Hill plan specifically mentioned the Pacific Highway corridor as a viable area of the City. The City-wide storm utility plans capital improvements in the area and bonds have been sold to finance drainage improve- ments. The City's zoning code has caused an improvement to the aesthetics of the area through landscaping and sign control . By no means is this an area of the City that is being neglected. A positive attitude toward Kent has been noted from residents and businesses in the area. XII. Recommendation It is recommended that Kent not deannex the area on the west side of the Pacific Highway corridor. This is a valid part of the City and has been for many years. It is not a detached part of the City. Each new land use has been carefully reviewed by the City staff and the City is proud to have the commercial and residential units in this area as part of the City. Moreover, City services are provided to the area in an efficient and satisfactory manner. The fact that Kent 's codes may be stricter than Des Moines ' is not reason enough to deannex. The philosophical points offered against being in Kent (I don't like Kent, etc. ) are not reasons to deannex. Only in the event that the City Council determines that the City cannot effectively provide services to the area is there sufficient reason to justify deannexation. -8- APPENDIX I • LAND USE MAPS I [ • LIST OF BUSINESSES = N 3 S 225TH ST I GRAND ~ 226T)l Sr SCHOOL WES? ERNN7 y o r ( w i S 227TH I '�...'C•.C..r ::�('.r B w D A a Z I;IIA'Ait 11 l(:�C L28TH S 22 O i S 227TH = N (PN)ST �;'9 1'AIIK �f I ST = PL m N N RICH ' S`228TH ST �= La MSS nd e S '' I N 228TH n W ITMAN •..` ;`, 'i' .! .. _ ( ;{ 5 HOOL Gat.• .� �••' •. (�'_:V $ 7r x PL 1 a a a S {. I 11 A __ _ ; Pt. 5T 1p S 2315 (A Gravel Pit 3 23 N ST S y3 VL d hO� a ' (�) AgO�G�aQ,O 516 pI, ty y� S 2 ND ST C� ST r a a Kent—Highlands Landfill S 234TH S S S7 Q�yryt a y w L _� Y � ,► m sw 234n sW �l o MIDWAY �r > > > y m > F < < <I ®e .01 rz= = Station 516 2�� •. _ _�N a _ � .♦ q S23gtH S 236TH T y ST Athletic ' ✓ y w ' Feld b < HIGHLINg UNI COMM EGe0 I MIDWAY { s � s���ry 1 r Barricade 17 16 h ,p � 2 240TH 16 15 ST rn P d4 20 21 m a �W °' owl may "' " 21 22 s ST y sr pa W N > Z m w w ~ < = N I N < D re In S 242ND 9 N > N w L T ater N m m = N a N S n 243RD 43Rp1�S 243RD ST w S 2 2ND PL ST 'f 99 Sr 1 <y S 244TH ST = _ a > a ` "•' �- ST m S 1 L PW 244TH .. PL < = 244TH S 2 4TH i y m a sT ^ i = S= >NNrASHINCTON nI = NATIONALeat PARKSIDE N m m (;UAln ELEMENTARY S 246 1ST _ ' S 246TH PL SCHOOL LINDA � SUNNYCREST 241 NJ w 6III;11,01 N ELEMENTARY g .. IL S SCHOOL rN 24 > � a st 247 H ST - C iH ST rn S y 248TH ST Ic I 4 S 248TH ST p Sanitary Landfill f w 249THy m >� t7 Sg'tN 91a > yr 0250TH fond t > PL w CA> 249THS 2pr'S' p9� _ 2a QV 'L Q�yS 249TH < 5' < yS ST S 250TH S f __,rl » I 5 Ay a a �• )J �, 'J f, = S 250TH S' = S N 251ST �w 4 '•� J+.•i',J, <W N S 251ST a y e 1 +,.�,Ji.;l,�Yl;•I S 25 TH < S p N 21 N ~ H ;.jJ'J; PL N 251 Q N _O1 a S 252ND gT .r)J S 2 IST ST ._� _ F •W J '`)r PL S 252H S 252ND SL25 > S ST �.PLmtirw SS1 S 253RD ST ' S P( w > --` S 253RD ITY 1. 5 ?53R y = C < PL(Pvt) H w N 1 Sr 0 J n S233RD PL 253Rt t. y S ?S4T G - S 254 ST ti y C y N S 2 In S25 ... t+� .IO, 'ram•.Q.ry h A N w ,y a M 4. P Water •y a ! m a H ST x sz3srH eservoirc S 55TH Q� _ S 256Tt ST S 256TH ST m L Qr ' 29 S y 257TH ST G 3256 H N N $ CT H y S237T -10- o m ; i 2571 T i I _ I 1_ .. •r•�:-- -t.{rii- ._ q'eJ..,- .T•.7-f::.r�:: a:4•:r.._•:.o^�v?-•�. v;;•. _ -J}.p✓T ^'ynFa• J .41.f'.. �.:Li..-..T.:e �., t.a ;.:... 'a.}�..L{1 -.t, .}r.• ..1•. .�' _ ''1�: i•::...r ��. .; ' ` J CITY OF KENT .. iJy JTy:-(•.+-iy yL '1'^ •i.J•i•:1• .�.:�':T.Ya^ � ':i .�..�. ... WESTERN BOUNDARY AREA ol i o�S 4 � 2 ��• p ' 9 e . . i I i r—— S. 232ND ST. \ I I I • • tZ LU = . . . a � • s.o an or.f>fr ice.rin.M CT Of D[S fq•1[; • r sv sr �••.....•........• I I W AN.• ..!w JnY4rit.• S. 234TH ST. 0 .. I fl0 •°•"1•w.•.n• i i i co U r N N 5 . • tjl • • CrtY 0I R[lR U- : • S. 236TH ST i o . a : NYFI1a0F !.b•W. ; TO^I feWry � • • • J • A M ' • G,.W A•IR .... . b Fb • i •• W.N,. 1p • O • • >Ca U • C • V • • • • • • • n ........ .... ........ cm or oes Fourts ....................................... •..............: S. 240TH STREET • 4re. 1ryk.l ll.. L� a E:1 � • r Cy io H....1 L.r. r . • , t.......................... ' .......t. • y .. Car,mlrclH pl..r Tr.IriM N w L�^1I I11I u O U ; U. • U T.•r.T•. Q ' ........... Q. • ♦pnm.•I. : wal.Ir n«rrw. . ' n i • wi.�.Iu.l•y ' 1o , a II ....•,`fir.. ... • 1....e„•r w.ral ' • U S. 246TH STREET i � ............................................• \`'' Lrl,.I YIM N.,1.wY....... n• . In. • t.a•r.. t' ..aror • IIL_--JIB : i • • a � IMM1IN1 j . • M.Il.rn I w T 4°•�k.n..r.L.l. a ` N � 4l 4 Csinlul.r J • i.l.k.�.�.� 3 • ..1•.rl yb NI • �J • a.. . .o..o . .. .. S.248TH STREET CITY Or suit C W.MN..M A.I.P.A. E..t.i TI.MM.IIen Ll T.r•T Olrk.. Q� r Qcg�� / r1Yy S. 2SOTli •O41 iI4. ST�C�T r I.ulsm.l%TI.n.M..l.n[.I.k• C.u.I.Ybr. J t ) n I ...•..•; S. 252ND STREET w.,e • • • • i , i • cm or•r�r .u.........•••••.•..•••..•.•........................ ..........e.ro eeum ....... I i i j BUSINESSES WEST OF HIGHVIAY 99 BUSINESS NAME UTILITY SERVICE ADDRESS Midway Tavern 23209 Pacific Highway South Burger King 23221 Pacific Highway South HAC, Realty 23233 Pacific Highway South Pizza Hut 23241 Pacific Highway South Picture Framing Millers Midway Marine 23257 Pacific Highway South Howdies Restaurant 23433 Pacific Highway South Seattle Trust 6 Savings 23435 Pacific Highway South Midway Mini Storage 23443 Pacific Highway South Seattle Trust d Escrow 23449 Pacific Highway South Midway Cleaners 23647 Pacific Highway South Crystal Apartments 23653 Pacific Highway South Chris Lamereaz 23655 Pacific Highway South Hair Design Mutual Mortgage Wendco N.W. Limited 23725 Pacific Highway South Midway Mart 23837 Pacific Highway South Prestige Stations Inc. 24001 Pacific Highway South Atlantic Richfield 24017 Pacific Highway South Midway Tropical Fish 24101 Pacific Highway South House of Cars 24141 Pacific Highway South Iblani Apartments 24415 Pacific Highway South Medalist Marketing Co 24425 Pacific Highway South Skips Auto Rebuild 24433 Pacific Highway South Herb Elving 24433 Pacific Highway South Waynes Auto Repair 24441 Pacific Highway South SRM Enterprises 24443 Pacific Highway South Paramount Plastics Harold Kendall 24453 Pacific Highway South Evergreen Not Tub S Spa 24605 Pacific Highway South URS Company 24607 Pacific Highway South National Accts Machine 24609 Pacific Highway South Electric Power Tool Repair Walter Peterson 24609 Pacific Highway South Allen Sounds 24615 Pacific Highway South Bernina Sews Best 24617 Pacific Highway South Evergreen Spa d Pool 24619 Pacific Highway South United Mobile Western Mobile Home Brokers MLM Computer Service South End Reality Seattle Driving School Dave Warner Insurance Auto Parts V.6 P Associates 24645 Pacific Highway South Chinese Midway Restaurant 24645 Pacific Highway South Sea Tac Transmissions 24805 Pacific Highway South Kent Properties Inc. 24811 Pacific Highway South Windward Tavern 24811 Pacific Highway South Northwest Auto Sound 24811 Pacific Highway South Kent Properties 24811 Pacific Highway South Book World 24811 Pacific Highway South I Temple Kung-Fu -16- {USINESSES WEST OF HIGHWAY 99 Ioff Store idult Store log 10's 24817 Pacific Highway South :a.,,.,Freeman 24823 Pacific Highway South wtomatic Transimssion 25009 Pacific Highway South ;A- "_ Enterprises 25013 Pacific Highway South :a. ide Video IiMy Frame 6 Wheel 25013 Pacific Highway South I1 Olesberg/Sal Dena 25017 Pacific Highway South :a: gay Motors 25045 Pacific Highway South _e. .ichwab Tires 25101 Pacific Highway South lew England Divers i —17— Attached are the original petitions for annexation of the area ]maven as Saltair Hills. Please schedule this for a hearing before the City Council and notify: Pastor Colvin Caughey 22415 19th Ave. So. Des Moines, WA. 98198 when any hearing or meeting on this issue is scheduled. MAY 2 g 1988 CITY OF KENT CITY CLERIC r OFFICE OF THE PROSECUTING ATTORNEY KING COUNTY, WASHINGTON CIVIL DIVISION• . E 550 KING COUNTY COURTHOUSE NORM MALENG 516 THIRD AVENUE PROSECUTING ATTORNEY SEATTLE.WASHINGTON 98104 -• (206)5834437 April 7, 1988 The City Council ,•• City of Des Moines Des Moines, Washington 98198 Ms. Dorothy Owens Clerk of the Council King County Council 402 King County Courthouse Seattle, Washington 98104 Re: Petition for Annexation to the City of Des Moines Dear Councilmembers and Ms. Owens: On March 18, 1988, this office received a petition calling for an election to vote upon the annexation of certain territory located in the City of Kent to the City of Des Moines. Pursuant to RCW 35. 10.217 (1 ) and 35. 13.020, this office must, within twenty-one days after submission, certify or refuse to certify the petition. In making a decision on the issue of certification, the prosecuting attorney is required to review the petition and determine whether, in the prosecuting attorney's opinion, the city is legally authorized to take the actions specifically requested in the petition. This office has concluded that the petition itself meets the procedural and substantive requirements of Chapters 35. 10 and 35. 13 RCW. Among other things, the petition states the number of voters residing in the area proposed for annexation as nearly as may be (RCW 35.13.030) ; appears to be signed by qualified voters resident in the area equal in number to at least 20 percent of the votes cast at the last election (RCW 35.13.020) ; and particularly describes the boundaries of the areas proposed to be annexed (RCW 35.13.030) . Although this office is satisfied that the petition' s legal description meets the statutory requirements for accuracy, our review has disclosed three insubstantial errors in the description. Those errors, together with their corrections, are attached hereto. As mentioned previously, the petitioners appear to represent at least 20 .percent of the votes cast at the last election. Actual compliance with this element, as well as verification of the number of registered voters in the territory proposed for annexation, should be undertaken by the Des Moines City Clerk. Based on the foregoing analysis, we certify the enclosed petition for annexation and we hereby return the petition for action by the Des Moines City Clerk and Council. Very truly yours, For NORM MALENG, King County Prosecuting Attorney KEVIN M. RA MOND Deputy Prosecuting Attorney i KMR/sj Attachment i cc: Boundary Review Board April 11, 1988 To: City Manager From: City Clerk Re: Saltair Hills Annexation -. Certification of 20% I, Denis Staab, City Clerk, verified that the petitions received through this date, contained 57 signatures of registered voters residing within the Saltair Hills annexation area. This verification was completed with a computer printout dated 9/23/87 furnished by W. H. Sanders, III, of King County Records,•and Election Division. According to this computer print out there were 346 registered voters in November of 1986 and of these registered voters, 187 voted in the November, 1986, General Election. Based on this information, I, Denis Staab, City Clerk hereby certify that the 57 valid signatures equal in number to 30% of the votes cast in the last general election. Denis Staab, City Clerk cc: Assistant City Manager Planning Director City Attorney • THE "�I'�" CITY THE MOINES, WASHINGTON 98198 N.f 1 March 17, 1987 Kevin Raymond King County Prosecutors Office King County Courthouse E550 516 Third Avenue Seattle, WA 98104 RE: Certification of Petitions for Annexation Dear Mr. Raymond: Enclosed you will find copies of petitions submitted to the City of Des Moines calling for annexation of an area known as Saltair Hills. Such area is currently within the boundaries of the City of Kent yet is on the West side of Pacific Highway South and adjacent to the City of Des Moines. Pursuant to RCW 35.10.217 and 35.13.020 the City of Des Moines requests that your office certify or refuse to certify the enclosed petitions. Thank you in advance for your time and cooperation in this matter. Sincerely, CITY OF DES MOINES Alex G. Perlman Assistant City Attorney AGP:ds Enclosures it Y CITY HALL POLICE DEPT. MUNICPAL COURT MARINA PUBLIC WORKS 6 BLDG. DEPT. 21630 11TH AVE.SO. 21640 11TH AVE SO. 21630 11TH AVE.SO. 22307 DOCK AVE SO. 21650 11TH AVE.SO. 878.4595 $78.3301 $78.4597 324.5700 978.8626 January 25, 1988 To: Acting City�HJ nag r From: City Clerk Re: Saltair Hills Annexation On January 22, 1988 at 12:30 PM five (5) petitions containing signatures were received from the "Saltair Hills" Annexation area. On January 25, 1988, 1, Denis Staab, City Clerk, verified that the petitions contained 47 signatures of registered voters residing within the Saltair Hills annexation area. This verification was completed with a computer printout dated 9/23/87 furnished by W. H. Sanders, III, of King County Records and Election Division. According to this computer print out there were •346 registered voters in November of 1986 and of these registered voters 187 voted in the November, 1986, General Election. -•• cc: Planning Director City Attorney Kent Boundary Negotiator, Kennedy E)0•IIBIT "A" TO PFTTTTC K FOR ANNEXATICN IFJC;AL DESCRIPTION (Page 2) Thenoa west along said north line to the east line of Mountain Avenue (27th Avenue South); Thence north along said east line to the north line of South 240th Street; Thence east along said north lins.to the west line of Pacific Highway South (SR 99); 1 Thence north along said west line to the SE corner of Lot 28, Block 6, Federal Highway Addition as recorded in Volume 30 of Plats, page 1, Records of King County, Washingtcm; Thence west along the south line of lot 28 to the west line of said Block 6; Theme north along the west line of sad 6 to the north line of Iot 23, said Block 6; u Thence east along said north line the w st 1 of Pacific Highway South (SR 99);' Thence north along said line to a Po to feet north of, at right angles to, the south line of lot 17, lock>•of F Highway Addition, according to plat thereof recorded in Volume 3 of Plats, Pa 1, Records of King County, Washington; Thence westerly along a 1 to said south line of Lot 17 to the west line of Block 6 of said plat; Thence northerly along said west line to the north line of Lat 16, Block 6 of said Federal Highway Addition, Thence easterly along said north line to the west line of Pacific Highway South- (State Route 99); Thence 'northerly along said west line to a point on the west line of Pacific Highway South (SR 99) which is 10 feet north of, at right angles to, the south line of Lot 31, Block 6 of Federal Highway Addition, according to plat thereof recorded in Volume 30 of Plats, page 1, records of King County, Washington; Thence west parallel to the south line of said Lot 11 to a point 390.04 feet east of the west line of said Lot 11; Thence north parallel to the west line of said Lot 11 a distance of 40 feet; Thence west parallel to the south line of said Lot 11 a distance of 150 feet; Thence north parallel to the west line of said Lot 11, to the north line thereof; Thence east along said north line to the west line of Pacific Highway South (SR 99); Theme north along said west line to a point 50 feet south of, at right "leg to, the north line of Lot 10, Block 6 of Federal Highway Addition, according to plat thereof recorded in Volume 30 of Plats, page 1, Records of King County, Washington, Thence west parallel to the north line of said dot 10 to the west line of said Block 6; Thence north along said west line to the south line of the SW 1/4 of the NE 1/4 of Section 16, Township 22 North, Range 4 East, W.M., Thence west along said south line 395.52 feet to the point of beginning, situated in King County, Washington- r F7OIBIT "A" To PETTTICN FUR ANNEXATICN IEGAL E SCFUPPICN Beginning at a point on the south line of the SW 1/4 of the NE 1/4 of Section 16, Township 22 North, Range 4 East, W.H., 395.52 feet west of the west line of Block 6, Federal Highway Addition, as recorded in Volume 30 of Plats, page 1, records of Ring County, Washington; thence north parallel to the east line of said SW 1/4 of the NE 1 1/4 to the centerline of Dent-Des Moines Road (SR 516); thence easterly along the centerline of Rent-Des Moines Road (SR 516) to the intersection with the easterly margin cific Highway South (SR 99); thence southerly along the east margin of Pacif' South (SR 99) to a point 400 feet south of, at right angles to, the no line of the SW 1/4 of the SE 1/4 of Section 21, Township 22 North, Range 4 W.M.; WCaT nossh al a line parallel with and 400 feet south of, measured at right les to, north line of the SW 1/4 of the SE 1/4 of Section 21, Township 22 Nctt2i, 4 East, to the west line of said SW 1/4 of the SE 1/4 of said Section 21; Thence north along said west line to the north line of the SE 1/4 of the SW 1/4 of Secticvn 21, Township 22 North, Range 4 Fast, W.M.; Thence west along said north line to the intersection with the southerly extension of the east line of Lot 15, Block 8 plat of Salt Air Hills, as recorded in Ring County Records, Volume 59, pages 39 through 41; Thence north along said extension a distance of 30 feet, more or less, to the north margin of South 252nd Street; Thence west along said north margin of South 252nd Street to the east margin of 20th Avenue South, also the SW corner of Block 9 of said Salt Air Hills plat; Thence northerly along the west line of Blocks 9 and 1, said plat of Salt Air Hills, to the NW corner of Lot 16,16, Block 1, said plat of Salt Air Hills,- Thence easterly�l8ng fhe' rth line of Blocks 1, 2, 3 and 4 to the NE comer of Lot 6, Block 4, sa plat of Air Hills; Thence north o 141 bd(east the north line of the south 1/2 of said Section 211 Thence easterly along id north line to an intersection with the southerly projection ofr;;ths;-wrs line of Block 22, Interurban Heights 3rd Section, according to plat thereofrecorded in Volume 17 of plats, page 87, Records of King County, Washington; Thence northerly along the west line and its projection of Block 22, said plat of Interurban Heights 3rd Section to the NW corner of Lot 42, Block 22 of said plat of Interurban Heights 3rd Section; Thence easterly along the north line of Blocks 22 and 21 and Block 21 extended, said plat of Interurban Heights 3rd Section, to the intersection of the south line of Birch Street .(South 246th Street) and east line of Mountain Avenue (27th Avenue South); Thence north along the east line of said Mountain Avenue (27th Avenue South) to the north line of Lot 37, Block 17, Interurban Heights 4th Section, as recorded in Volume 17 of plats, page 86, records of King County, Washington; ;: Thence east along the north line of Iots 37 and 4, and its extension to the west line of Pacific Highway South (SR 99); Thence northerly along said west line to the south line extended of Lot 4, Block 7, Interurban Heights 5th Section, as recorded in Volume 17 of Plats, page'85, Records of King 0ounty, Washington; : Thence west along said south line of Lot 4 and its extension to the east line of Yukon Avenue (28th Avenue South); Thence north along said east line to the north line of Maple Street (South 242n3 Street); l� �`�•ra Isire � •�, '��K� K •Ri '�'�`�'!' 'tea � XA ci r�rc fltgilp `ilMppli�m are � �► M WSW Jim p�jsc i *n a •� KOM ]dam E5pMAE � • � t eau. �i ,r_ A P' + y � - • Ch'a �i 44; an 'sc 'ievi �ii ai c a�\►YNOWMIL 0' 1 mp p !C`�\0 gIIG li �q!!W..C. �ilp■ I■ • r�!! •w�raa• wnw Im IN _ Is la ' S`s 1 y,- f f x A6i.aa!'d .,pl ran _ y'''s`A-^'.'f""4,. _ ♦ p �"t'{t`�`�}.�a ty; ,.�. ' '•l .�lY I - :i � , y :kl t 11r' i IY:1., rfM fh-3y<�u.t y,yr ll :x+r; x t ati �'�, �/ ! -6 PETITION FOR ANNEXATION TO THE CITY OF DES NOINES, WASHINGTON q(Fn o JAN 221988 TO: The City Council of the city of Kent I` The City Council of the City of Des Moines t i WE THE UNDERSIGNED, be Ing qualif led voters resident In the area, equal in number to twenty percent (20%) of the vote ' - cast at the last election, hereby petition the City Council of the City of Kent and the City Council of the City of Des ((( ! r ) Moines, pursuant to Revised Coda of Washington 35.10 as folios: i . .J i 1 . ' ! 1. The territory which to the subject of this petition (hereinafter "territory") is presently in the City of Kent wet of the eat margin of Pacific Highway South and contiguous to the City of Des Moines. 2. Petition is made to the City Council of the City of Kent to approve the annexation of this territory to the City of Des Moines. 3. Pet Rion is made to the City Council of the City of Des Moines to annex this territory to the City of Des Moines ` r by the election method. I 'I �i 4. The territory which to the subject of this petition is legally described on Exhibit "A", attached hereto and by this reference Incorporated herein. k j 5. A diagram which outlines the bougdaries of the territory is attached hereto as Exhibit "8", and by this reference { ' incorporated herein. I ) ,r 6. The number of voters residing 1n this territory as nearly as they may be Is 316. l 7. On annexation to the City of Des Moines, petitioners agree that all property within the territory sought to be annexed shall be generally assessed and Lazed at the same rate and on the same basis as property.with to the City of Des i _I - ? Moines and In particular will assume a pro-rate portion of the voter-approved general obligation bonded indebtedness of the I -� City of Des Moines existing at the date of annexation. Petitioners do not request simultaneous adoption of a comprehensive ) � -? plan for the area proposed to be annexed but request that current City of Kent zoning remain in effect unless and until { .l y officiall changed by the City of Des Moines in accordance with the Revised Code of Washington. j 1 WHEREFORE. petitioners pray as follows: That this petition shall be submitted to the Prosecuting Attorney for King County, who shall, within twenty-one 1. I, (21) days after submission, certify or refuse to certify the petition as set forth In RCW 35.13.025. 2. That following such certlf icatien this petition be f Pled with the City Councils of the City of Kent and the City I1 1 of Des Moines. 3. That the City of Kent officially approve the annexation of the subject terr Rory to the City of Des Moines. 4. That thereafter the City Council of the City of Des Moines by resolution entered within sixty (60). days notify (:.. petitioners of its approval or rejection of the proposed annexation. 5. That thereafter, this petition and the resolution of the City of Oe Moines be forwarded and filed with the King - County Council, and that notice of the proposed action be given to the King County Boundary Review Board. •.f� -'.. 6. That the King County Council set a date for hearing on this petition and thereafter establish a date for an i, j'.I annexation election In accordance with the Laws of the State of Washington. �� ss These pages are a group of pages containing an Identical text Intended by the signees of this petition to be presented and considered as one petition and my be flied with other pages containing additional signatures which '•' ',' cumulatively may be considered as a single petition. ' iJ .*r ;!:II REGISTERED VOTER'S PRINTED NAME RESIDENCE ADDRESS DATE SIC#TURE I SIGNED .,�. T . EWIS 2z2 . 2 /l 5 8 ' 1 i 4 °� .. jC.` e Sr sz Io zsar/' z zz-d7 ':<: 41 90 WARNING: Every person who signs this petition with any other than his true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he Is not a legal voter, or signs a petition when he or she to }v' otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. See RCW 11 r 354.01.040, attached hereto, for special instructions relative to signatures. C ry .1 �l 35A.01.010 Title 35A RCW: Optional Municipal Code 35A.01.010 Purpose and policy of this title is accurate legal description of the area proposed for such tr' terpretation. The purpose and policy of this title s to action; confer upon two optional classes of cities created hereby (d) Numbered tuna for signatures with space provided the broadest powers of local self-government consistent beside each signature for the date of signing and the ad- with the Constitution of this state.An specific cnumcr- ation of municipal powers contained in this title or in dress of the signer, �`•-� F.ry any other general law shall not be construed in an way (e) The warning statement prescribed in subsection w`J to limit the general description of power contained in (2) ofthis section. this title, and any such specifically enumerated powers (2) Petitions shall be printed or typed on single sheets shall be construed as in addition and supplementary to of white paper of good quality and each sheet of petition ' the powers conferred in general terms by this title. All paper having a space thereon for signatures shall contain grants of municipal power to municipalities electing to the text or prayer of the petition and the following be governed under the provisions of this title, whether warning: the grant is in specific terms or in general terms,shall be liberally construed in favor of the municipality, 11967 WARNING cxs: c 119 § 35A.01.010.J Every person who signs this petition with any other I . than his true name, or who knowingly signs more 35A.01.0I0 Noncharter code city.A nonchartcr code than one of these petitions, or signs a petition seek- City is one, regardless of population, which has initially ing an election when he is not a legal voter, or signs - !` incorporated as a nonchartcr code city, subject to the a petition when he is otherwise not qualified to sign, kk " provisions of this title,or is an incorporated municipality or who makes herein any false statement, shall be which has elected, under the procedure prescribed in this guilty or a misdemeanor. title,to be classified as a noncharter code city and to be governed according to the provisions of this title under. Each signature shall be executed in ink or indelible one of Ibc optional forms of government provided for pencil and shall be followed by the date of signing and nonchartcr code cities, 11967 exs.a 119 § 35A.01.020.) the address of the signer, (3)The term 'signer' means any person who signs his l' own name to the petition. - t' 35A.01.030 Charter code city. A charter code city is one having at least ten thousand inhabitants*at the tie tur To be sufficient a petition must contain valid sig- of its organization 'or reorganization which has either natures of qualified doctors or property owners, as the 'r+j initially incorporated as a charter code tit and h case may be, in the number required by the applicable y as statute or ordinance. Within three working days after adopted a charter-under the procedure prescribed in this the filing of a petition, the officer or officers whose duty title; or'which, as an incorporated municipality, has it is to determine the sufficiency of the petition shall elected to be classified as a charter code city and to be governed according to the provisions of this lisle and of proceed !o make such a determination with reasonable its adopted charter. J1967 czs.is provisions § this title an promptness and shall file with the officcr receiving the lel petition for filing a certificate stating the date upon ;. J 35A.01.035 which such determination'was begun, which daps shall !! Code city. The term 'code city' means be referred to as the terminal date. Additional pages of I any nonchartcr code city or charter code city. 11967 one or more signatures may be added to the petition by ! ' ex.s. c 119 § 35A.01.035.J filing the same with the appropriate riling officer prior to such terminal date. Any signer of a filed petition may '35A.01.040 Sufficiency of petition. Wherever in this withdraw his or her signature by a written request for title � .Petitions are required to be signed and filed, the withdrawal filed with the receiving officer prior to such following rules shall govern the sufficiency thereof- terminal date. Such written.request shall so sufficiently (I) A petition may include any page or group of pages describe the petition as to make identification of the containing an identical text or prayer intended by the person and the pctitiog certain. The name of any.person circulators, signers or sponsors to be presented and con- seeking to withdraw'shall be signed exactly the same as sidered as one petition and conta sootiest elements w n ining the following es- contained on the petition and,after the filing of such re- r elhe applicable, except that the quest for witbdrawal, prior to the terminal date, the sig- elements referred to in subdivisions (d) and (c) hereof nature of an p are essential for petitions referring or initiating Icgisla deemed withdrawn. on socking such withdrawal shall be live matters to the voters, but are director as to other Y (5) Petitions containing the required number of signs- ' Petitions: turn shall be accepted as prima facie valid until their (a) The text or prayer of the petition which shall be a invalidity has been proved. -oncise statement of the action or relief sought by (6) A variation on petitions between the signatures on a, 1 xtitioncrs; •,,,,. the petition and that on the voter's permanent registra- s' - •r";� (b) If the petition initiates or refers an ordinance, a tion caused by the substitution of initials instead of the S";4 rue copy thereof; r first or middle names, or both, shall not invalidate the %r i (c) If the petition seeks the annexation, incorporation, signature on the petition if the surname and handwriting withdrawal,.or reduction of an area for any purpose, an are the same. ��CC ,.,.. ride 35A R('1v.__. 71 t• I � a bSd 77777 full AnM[%AIIDn IU Int WIT ur uq nulnia, wa]ns msronF MAR 16 198 MAR 1 1988 bu TO The City Council of the CThe City Council of the cHolnea �;u ur up nimnco CITY OF KENT4r ::._ ....-.: CITY CLERKWE THE UNDERSIGNED, be In voters res ldent 1n the area, equal In number to twenty percent (20%) of the votes a cast at the last election, tition the City Council of the City of Kent and the City Council of the City of Des ETMoines, pursuant to Revised Codegton 35.10 as follows: 3 3 ' f y.1 The territory which is the subject of this petition (hereinafter "territory presently y") Is reaenil 1n the City of Kent ,l is �,q),y,• weal of the east margin of Pacific Highway South and contiguous to the City of Des Moines. .: m•,ry 2. Petition 1s made to the City Council of the City of Kent to approve the annexation of this territory to the City Y G.• of Des Moines. LS� 11 E c. 3. Petition is made to the City Council of the City of Des Moines to annex this territory to the City of Des Moines by the election method. +q 4, The territory which is the subject of this petition 13 legally described on Exhibit "A", attached hereto and by - �' this reference Incorporated herein. "" N' 5. A diagram which outlines the boundaries of the territory is attached hereto as Exhibit B , and by this reference. m, .rtau Incorporated herein. £ � 6. The number of voters residing in this territory as nearly as they may be is 346. ?' 7. On annexation to the City of Des Moines, petitioners agree that all property within the territory sought to be [9N�; annexed shall be generally assessed and taxed at the same rate and on the same basis as property within the City of Des Moines and to particular will assume apro-rats portion of the voter-approved general obligation bonded indebtedness of the 'r;! City of Des Moines existing at the date of annexation. Petitioners do not request simultaneous adoption of a comprehensive -:,;•• plan for the area proposed to 6e annexed but request that current City of Kent zoning remain 1n effect unless and until ta° officially changed by the City of Des Moines in accordance with the Revised Code of Washington. g tit14 P r.(y' WHEREFORE, petitioners pray as follows: ,a. ` 1. That this petition shall be submitted to the Prosecuting Attorney for King County, who shall, within twenty-one _ (21) days after submission, certify or refuse to certify the petition a eat forth In RCW 35.13.025. 2. That following such cortif tcation this petition be filed with the City Counci is of the City of Kent and the City } of Des Moines. ' - 3. That the City of Kent officially approve the annexation of the subject territory to the City of Des Moines. h r� 4. That thereafter the City Council of the City of Des Moines by resolution entered within sixty (60), days notify * petitioners of Its approval or rejection of the proposed annexation. l S. That thereafter, this petition and the resolution of the City of Des Moines be forwarded and filed with the King . County Council, and that notice of the proposed action be given to the King County Boundary Review Board. 6. That the King County Council set a date for hearing on this petition and thereafter establish a date for an , rx• annexation election In accordance with the Laws of the State of Washington. 'hap• These pages are a group of pages containing an Identical text Intended by the signees of this petition to be e presented and considered as one petition and may be filed with other pages containing additional signatures which ,., tuna latively may be considered as a single petition. REGISTERED YO ER'S PRINTED NAME RESIDENCE ADDRESS DATE .� SSIIGNAT SIGNED - F. Z/ IS !!! OEVI y Qy/� l/ t[ - � Q - Z, L x Shr e 7 27 v, So 3 (u A " to .t_�,g j Zfe 9!a H -k ) nvicU )15 -n fl,)eso 3 J1 , 6k WARNING; Every person who signs this petition with any other than his true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he 1s note legal voter, or sigma a petition when he or she Is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. See RCV 35A.01.040, attached hereto, for special instructions relative to signatures. ��, PETITION FOR ANNEXATION TO THE CITY OF DES NOINES WASNIHGiON �I ����•��r° 1 [. JAN 221988 TO: The City Council of the City of Kent •`�'�` t{ I�•'�, The City Council of the City of Des Moines (y {4s ft�6st' WE THE UNDERSIGNEO, being qualified voters resident in the area, equal In number to twenty percent (20%) of the votes ?�- cast at the last election, hereby 'petition the City Council of the City of Kent and the City Council of the City of Des S Moines, pursuant to Revised Code of Washington 35.10 as follows: k•a", 1. The territory which is the subject of this petition (hereinafter "territory") is presently 1n the City of Kent t•�•'. � west of the east margin of Pacific Highway South and contiguous to the City of Des Moines. ( � - r 1 I 2. Petition Is made to the City Council of the City of Kent to approve the annexation of this territory to the City hr - of Des Moines. t 3. Petition is made to the City Council of the City of Des Moines to annex this territory to the City of :as No Ines I 1 5 by the election method. � y 4. The territory which Is the subject of this petition is legally described on Exhibit "A attached hereto and by S this reference incorporated herein. E , S. A diagram which outlines the boundaries of the territory is attached hereto as Exhibit "B", and by this reference `[ ) '.j incorporated herein. S. The number of voters residing In this territory as nearly as they may be 1s 346• ri•!'( { 7. On annexation to the City of Des Moines, petitioners agree that all property within the territory sought to be f . annexed shall be generally assessed and taxed at the same rate and on the some basis as property within the City of Des I!f - k Moines and in particular will assume a pro-rate portion of the voter-approved general obligation bonded Indebtedness of the I' City of Des Moines existing at the date of annexation. Petitioners do not request simultaneous adoption of a comprehensive i jplan for the area proposed to be annexed but request that current City of Kent zoning remain to effect unless and until officially changed by the City of Des Moines in accordance with the Revised Code of Washington. I,I 1 4 WHEREFORE, petitioners pray as follows: 1. That this petition shall be submitted to the Prosecuting Attorney for King County, who shall, within twenty-one .. (21) days after submission, certify or refuse to certify the petition as set forth In RCW 35.13.02S. 2. That following such certification this petition be filed with the City Councils of the City of Kent and the City 1' 4, of Des M. Ines. I i Y• � 3. That the City of Kent officially approve the annexation of the subject territory to the City of Des Moines. !� 4. That thereafter the City Council of the City of Des Moines b resolution entered within sixty t Y Y Y Y (60), days notify petitioners of Its approval or rejection of the proposed annexation. I 1 S. That thereafter, this petition and the resolution of the City of Des Moines be forwarded and filed with the King L.i County Council, and that notice of the proposed action be given to the King County Boundary Review Board. 1 - I 6. That the King County Council set a date for hearing on this petition and thereafter establish a data for an annexation election in accordance with the Laws of the State of Washington. These pages are acontainingI, 1 p g group of pages an text Intended by the signees of this petition to be presented and considered as one petition and may be filed with other pages containing additional signatures which 'y cumu latively may be considered as a single petition. 1 REGISTERED VOTER'S PRINTED NAME RESIDENCE ADDRESS DATE f SIGNATURE SIGNED f e V 2. S Ltk_00 ekr,91Y L. ALIE.v J'o Yj WARNING: Every person who signs this petition with any other than his true name, or who knowingly signs more than one of � i these petitions. or signs a p g petition seeking an election when he Is not a legal voter, or signs a petition when he or she Is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. See RCW 17 3II5A.01.040, attached hereto, for special Instructions relative to signatures. - •.II ♦ i.i l _.,... h? S 'r r n i �, x ♦it J .t'1 f. PETITION FOR ANNEXATION TO THE CITY OF DES MOINES, VASH(NGTONIE'�?(PIINI/lf+lli e JAN 221988 ! TO: The City Council of the City of Kent - The City Council of the City of Des Moines WE THE UNDERSIGNED, being qualified voters resident to the area, equal In number to twenty percent (20K) of the votes r ,at at the last election, hereby petition the City Council of the City of Kent and the City Council of the City of Des 4 Moines, pursuant to Revised Code of Washington 35.10 as follows: I 'I 1. The territory which is the.subject of this petition (hereinafter "territory") Is presently in the City of Kent .. ''..� r west of the east margin of Pac if lc Highway South and contiguous to the City of Des Moines. ! 2. Pet It ion is made to the City Council of the City of Kent to approve the annexation of this territory to the City 1 , { { of Des Moines. ex this territory to the City of Des Moines i 3. Petit4on is made to the City Council of the City of Des Moines to Ann II by the election method. 1s legally described an Exhibit "A", attached hereto and by 4. The territory which is the subject of this petition this reference incorporated herein. f S. A diagram which outlines the boundaries of the territory la attached hereto as Exhibit "B", and by this reference I incorporated herein. 6. The number of voters residing to this territory as nearly as they may be Is 346. i T. On annexation to the City of Des Moines, petitioners agree that all property within the territory sought to be !_.1 "�'• � annexed shall be generally assessed and taxed at the same rate and on the same basis as property within the City of Des h'•� I Moines and In particular will assume a pre-rate portion of the voter-approved general obligation bonded Indebtedness of the City of Des Moines existing at the date of annexation. Petitioners do not request simu ltanaous adapt ton of a comprehenaiw that current City of Kent zoning remain to effect unless and until plan for the area proposed to be annexed but request r officially changed by the City of Des Moines in accordance with the Revised Code of Washington. WHERtFORE, petitioners pray as follows: `FrP , ii ...� 1. That this petition shall be sutwnitted to the Prosecuting Attorney for King County, who shall, within twenty-one { (21) days after aubnlaaton, certify or refuse to certify the petition as set forth 1n RCW 3S.13.025. c.1 2. That following such cart ification this petition be filed with the City Co end the City uncy la oof the City of Kent of Des Moines. nexation of the subject territory to the City of Des Moines. 3. That the City of Kent officially approve the an i.r 4. That thereafter the City Council of the City of Des Moines by resolution entered within sixty (60), days notify petitioners of its approval or rejection of the proposed annexation. I;p ' S. That thereafter, this petition and the resolution of the City of Des Moines be forwarded and filed with the King County Council, and that notice of the proposed action be given to the King County Boundary Review Board. it.] 6. That the King County Council set a date for hearing on this petition and thereafter establish a date for an ( I annexation election in accordance with the Laws of the State of Washington. -1 These pages are a group of pages containing an identical text Intended by the stgnees of this petition to be �.` presented and considered as one petition and may be filed with other pages containing additional signature which cumulatively may be considered as a single petition. f� 'RESIDENCE ADDRESS DATE `1 REGISTERED VOTER'S PRINTED NAME SIGNED { �� �ItXATURE oL / co, VT c- - 1 P ent 1/3-87 ya/_ O 67. f/,f#A01D Ram -Z-7 2Z."'At-f.SO, 1 r a KL G SCf/atotlSS�S/ �I f,` c�rlinrr QU �U/1hk/ / lrs b ra, r WARNING: Every person who signs this petition with any other than his true name, or who knowingly signs more than one of .., these petitions, or signs a petition seeking an election when he Is not a legal voter, or signs a petition when he or she is any false statement, shall be guilty of a misdemeanor. See RCV otherwise not qualified to sign, or who makes herein 35A.01.040, attached hereto, for special Instructions relative to signatures. , Y '1Zeig 'l Y. a i '„rrs• �lvii`s � ��� }r4t� y`f.�ixi •.'.r !.�: -v' t xYi tr.;. �'-?7 �r„ I.;'� ..t ..r;:i• $ , tfry L_' �%t'..1.-x+wrtr...wwee.J PETITION FOR ANNEXATION TO THE CITY OF DES MOINES, WASHINGTON -� CY 1 ,.•. T0; The City Council of the City of Kent JAN 221988 The City Council of the City of Des Moines 1, Nil Ur Ubl " DIto ! I WE THE UNDERSIGNED, being qualified voters resident in the area, equal to number to twenty percent (to%) of the votaa. ` cast at the last election, hereby petition the City Council of the City of Kent and the City Council of the City of Dea I' Moines, pursuant to Revised Code of Washington 35.10 as follows: 1. The territory which is the subject of this petition (hereinafter "territory") is presently In the City of Kent west of the east margin of Pacific Highway South and contiguous to the City of Des Moines. 2. Petition is made to the City Council of the City of Kent to approve the annexation of this territory to the City C`I .of Des Moines. 4 3. Petition Is made to the City Council of the City of Des Moines to annex this territory to the City of Dea Moines i 5. by the election method. 4. The territory which is the subject of this petition is legally described on Exhibit "A", attached hereto and by 1 this reference Incorporated herein. 5. A dlagram which outlines the boundaries of the territory Is attached hereto as Exhibit "B", and by this reference Incorporated herein. f- 6. The number of voters residing in this territory as nearly as they may be Is 346. •i 7. On annexation to the City of Des Moines, petitioners agree that all property within the territory sought to be ! _. annexed shall be generally assessed and taxed at the same rate and on the same basis sa property within the City of Des � Moues and In particular will assume a pro-rate portion of the voter-approved general obligation bonded indebtedness of the f City of Des Moines existing at the date of annexation. Petitioners do not request simultaneous adoption of a comprehensive f plan for the are& proposed to be annexed but request that current City of Kent zoning remain in effect unless and until -� officially changed by the City of Des Moines In accordance with the Revised Code of Washington. { E^. • � WHEREFORE, petitioners pray as follows: -!•...� I� .. r 1. That this petition shell be submitted to the Prosecuting Attorney for King County, who shell, within twenty-one f C (21) day, after submission, certify or refuse to certify the petition as set forth In RCW 35.13.025. 2. That following such certification this petition be filed with the City Councils of the City of Kent and the City ' of Des Moines, i 3. That the City of Kent officially approve the annexation of the subject territory to the City of Des Moines. 4. That thereafter the City Council of the City of Des Moines by resolution entered within sixty (60), days notify - °' J petitioners of its approval or rejection of the proposed annexation, S. That thereafter, this petition and the resolution of the City of Des Moines be forwarded and filed with the King County Council• and that notice of the proposed action be given to the King County Boundary Review Board. - j 6. That .the King County Council set a date for hearing on this petition and thereafter establish a date for an �. annexation election In accordance with the laws of the State of Washiogton. i I � 1 These pages are a group of pages containing an identical text Intended by the signees of this petition to be i presented and considered as one petition and may be filed with other pages containing additional signatures which I cumulatively may be considered as a single petltlen. i �• REGISTERED VOTER'S PRINTED NAME RESIDENCE ADDRESS DATE `.t SIGNATURE SIGNED f' S ,'r -dem,r 2�,275—,Z22 Sj 4 j , y" �/—y�7 i A i i l 1 , g ;s, n ` . ® L; � Hx;rl1 -2Y6-_ S JS f ,/Y/�7 T /?k Ant /� l�CCQL/,t)'I P rpo r-ha IYt A "M P a m o JOB // &Lz s r j as , �Y E- 3 f 'r' p u LTIOGf J7 y y 4� WARNING: Every person who signs this petition with any other than his true name, or who knowingly signs more than one of - C.— ii these petitions• or signs a petition seeking an election when he is not a legal voter, or signs a petition when he or she is - '{ ;1 otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. See RCW '{ ' 35A.01.040, attached hhereto, for special Instructions relative to signatures. `3 h •_ - _ !.... ...�.._. ,. ... m 4•,a '.'f� (a"�] e� .r`P.O e14f.1'.�4f r,, .. •, , VLJ r,l/1 mean wnlinlnY1W11 1�=LUt("Ly U lS ; MAR 16 1988 MAR 1 1988 V TO: The City Council of the City of Kent „ .. The City Council of the City of Des Moines •� -��•�+ CITY OF KENT CITY CLERK WE THE UNDERSIGNED, being qualified voters resident in the area, equal In number to twenty percent (20%) of the votes cast at the 'last election, hereby petition the City Council of the City of Kent and the City Council of the City of Des r . . Moines, pursuant to Revised Code of Washington 35.10 as follows: ,�. 1. The territory which to the subject of this petition (hereinafter "territory") 1s presently to the City of Kent + west of the east margin of Pacific Highway South and contiguous to the City of Des Moines. 2. Petition in made to the City Council of the City of Kent to approve the annexation of thiq territory to the City � of Deg Moines. � 3. Petition is made to the City Council of the City of Des Moines to annex this territory to the City of Des Moines 1, by the election method. r� l 4. The territory which is the subject of this petition is legally described on Exhibit "A", attached hereto and by this reference Incorporated herein. Y S. A diagram which outlines the boundaries of the territory is attached hereto as Exhibit "B", and by this reference Incorporated herein. 6. The number of voters residing in this territory as nearly as they may be Is 346. y T. On annexation to the City of Des Moines, petitioners agree that all property within the territory sought to be i annexed shall be generally assessed and taxed at the same rate and on the same basis as property within the City of Des Me Ines and in particular will assure a pro-rate portion of the voter-approved general obligation bonded Indebtedness of the J City of Des Moines existing at the date of annexation. Petitioners do not request simultaneous adoption of a comprehensive plan for the area proposed to be annexed but request that current City of Kent zoning remain in effect unless and until officially changed by the City of Des Moines In accordance with the Revised Code of Washington. WHEREFORE, petitioners pray as follo s: 1. That this petition shall be submitted to the Prosecuting Attorney for King County, who shall, within twenty-one "' •') (21) days after submission, certify or refuse to certify the petition as set forth 1n RCW 35.13.025. 2. That following such certification this petition be filed with the City Counclls,of the City of Kent and the City of Des Moines. 3. That the City of Kent officially approve the annexation of the subject territory to the City of Des Moines. 4. That thereafter the City Council of the City of Des Moines by resolution entered within sixty (60). days notify w petitioners of Its approval or rejection of the proposed annexation. 5. That thereafter, this petition and the resolution of the City of Des Moines be forwarded and filed with the King County Council, and that notice of the proposed action be given to the King County Boundary Review Board. - 6. That the King County Council set a date for hearing on this petition and thereafter establish a date for an annexation election in accordance with the Laws of the State of Washington. These pages are a group of pages containing an identical text Intended by the slgnees of this petition to be presentee and considered as one petition and nay be filed with other pages containing additional signatures which cumulatively may be considered as a single petition. REGISTERED VOTER'S PRINTED NAME RESIDENCE ADDRESS DATE SIGNATURE SIGNED Y. i WARNING: Every person who signs this petition with any other than his true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he Is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. See RCW 35A.01.040, attached hereto, for special Instructions relative to signatures. • I f •.,> fM t.{.... - .'...I�.�ei... ,. .«�, w 4i�rw 'lii...aS1Y ...,.1. .3Y..... PETITION FOR ANNEXATION TO THE CITY-OF DES MOINES. WASHINGTON r , �,I�!•,p2•(r t✓S - . V. {ej '30 JAN 22 1988 TO: The City Council of the City of Kent The City Council of'the City of Des Moines Wfl ur u..v 1,1uiuw WE THE UNDERSIGNED, being qualified voters resident in the area. equal in number to twenty percent (20X) of the votes ". cast at the last election, hereby petition the City Council of the City of Kent and the City Council of the City of Des jy h4� Moines, pursuant to Revised Code of Washington 35.10 as follows: I b 1. The territory which is the subject of this petition (hereinafter "terr ttory") is presently to the City of Kent 1•: west of the east margin of Pacific Highway South and contiguous to the City of Des Moines. - .�: ) 2. Petition is made to the City Council of the City of Kent to approve the annexation of this territory to the City _. l of Des Moines. (: 3. Petition Is made to the City Council of the City of Des Moines to annex this territory to the City of Des Moines 11tt{{ I by the election method. 4, The territory which Is the subject of this petition Is legally described on Exhibit "A", attached hereto and by Ii this reference Incorporated herein. -•I 5. A diagram which outlines the boundaries of the territory Is attached hereto as Exhibit "B", and by this reference incorporated herein. 6. The number of voters residing In this territory as nearly as they may be is 346. 7. On annexation to the City of Des Moines, petitioners agree that all property within the territory sought to be ( .. I annexed shall be generally assessed and taxed at the same rate and on the same basis as property within the City of Des I � j..{ Moines and In particular will assume a pro-rate portion of the voter-approved general obligation bonded indebtedness of the .� City of Des Moines existing at the date of annexation. Petitioners do not request simultaneous adoption of a comprehensive 1 plan for the area proposed to be annexed but request that current City of Kent zoning remain to effect unless and until e. officially changed by the City of Des Moines 1n accordance with the Revised Code of Washington. ��- WHEREFORE, petitioners pray as follows: I { .' 1. That this petition shall be submitted to the Prosecuting Attorney for King County, who shall, within twenty-one _. (21) days after submission, certify or refuse to certify the petition as set forth In RCW 35.13.025, - 1 2. That following such certification this petition be filed with the City Councils of the City of Kent and the City J. of Des Moines. 3. That the City of Kent officially approve the annexation of the subject territory to the City of Des Moines. I 4. That thereafter the City Council of the City of Des Moines by resolution entered within sixty (60). days notify : .) petitioners of Its approval or rejection of the.proposed annexation. •� S. That thereafter, this petition and the resolution of the City of Des Moines be forwarded and filed with the King County Council, and that notice of the proposed action be given to the King County Boundary Review Board. -,, 6. That the King County Council set a date for hearing on this petition and thereafter establish a date for an annexation election in accordance with the Laws of the State of Washington. a These pages are a group of pages containing an identical text intended by the slgnees of this petition to be 1 presented and considered as one petition and may be filed with other pages containing additional signatures which , cumu latively may be considered as a single petition. J ' REGISTERED VOTER'S PRINTED HAKE RESIDENCE ADDRESS DATE ` t I GNATURE SIGNED S vvl u t S 2491 -Z S 12-Z1 I t ✓ So 77� aI 06 c -za. 7lj A4.1 iz/Z �_" AlLcde /YloR/ffs oho s5 8 e ' SZ /I,-u k �;� �oa�fzr �. >OG G��4 � �- Z � Ien,ri�z•ss ` '„ /1r 9 o rfi o? So. a sr /Cai.�.f-�j�-eye WARNING: Every person who signs this peH tlon with any other than his true name, or who knowingly signs more than one of he these petitions, or signs a petition seeking an election when he is not a legal voter, or signs a petition when ha or she la f otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. See RCW rrs: f r 35A.01.040, attached hereto, for special instructions relative to signatures. i T" Kent City Council Meeting Date July 5, 1988 Category Bids 1. SUBJECT: NORTH END FIRE STATION AND MAINTENANCE FACILITY 2 . SUMMARY STATEMENT: Bids were opened on June 30 at 5 : 30 p.m. 3 . EXHIBITS: Executive Summary, Bid Summary Tabulations, Recommendation will be distributed at the meeting. 4 . RECOMMENDED BY: Fire Administration, Project Team and Architect (Committee, Staff , Examiner , Commission, etc . ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: already dedicated - Public Safety Bond 1 7 6 . CITY COUNCIL ACTION: �Z, Councilmember moves, Councilmembx seconds that the bid be awarded to in the amount of DISCUSSIIO ACTION: -• Council Agenda Item No. 5A Kent City Council Meeting Date July 5, 1988 Category Bids 1. SUBJECT: GREEN RIVER LEVY IMPROVEMENT - SOUTH 212TH STREET BRIDGE 2 . SUMMARY STATEMENT: Bid opening was held June 27 with three bids received. The low bid was submitted by R. W. Scott Construction in the amount of $289, 431. 80. It is recommended this bid be accepted. Also as approved by the Public Works Committee it is recommended that $150, 000 be transferred from the Green River Levy Improvement - Meeker Street Project Fund to this project fund. 3 . EXHIBITS: Bid summary, memorandum from the Director of Public Works and excerpt from the Public Works Committee Minutes of June 28 . 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmembet moves, Councilmember seconds that the bid S b[ditted by our R. W. Scott Construction in the - amount of $289,431. 80 for the Green River Levy Improvement - South 212th Street Bridge project be accepted and that $150,000 be transferred to this project from the Green River 'Levy Improvement at Meeker Street. DISCUSSION• ACTION: Council Agenda Item No. 5B DEPARTMENT OF PUBLIC WORKS June 30, 1988 TO: Mayor Kelleher and City Council FROM: Don Wickstrom ,� (D) RE: Green River Levee Improvement - S. 212th Street Bridge Bid opening was June 27 with three bids received. The low bid was submitted by R.W. Scott Construction in the amount of $289,431.80. The project provides for the improvement of the Green River Levee at the S. 212th Street Bridge. A budget of $200, 000 has initially been established for this portion of the levee improvement. It is proposed and has been approved by the Public Works Committee to transfer $150, 000 from the Green River Levee Improvement project at Meeker Street to this project fund so that we can proceed with construction within the time limitations of our Department of Fisheries permit . Construction costs are estimated to be $318, 374. 98 . It is recommended the bid of $289,431.80 submitted by R.W. Scott Construction for the Green River Levee Improvement at S. 212th Street Bridge be accepted. BID SUMMARY R.W. Scott Construction $289,431.80 •• IMCO General Construction 306, 671. 05 Dell Johnson Construction 433 , 592 . 04 Engineer's Estimate $306,755. 37 PUBLIC WORKS COMMITTEE June 27 , 1988 \r PRESENT: JON JOHNSON KEN MORRIS BERNE BITEMAN TIM HEYDON JUDY WOODS KAREN SIEGEL DON WICKSTROM BONNIE FELL BRENT MCFALL MAY MILLER GARY GILL PRISCILLA SHEA TONY MC CARTHY CLIFF JOHNSON Hvtek Finishing Cliff Johnson indicated that during their last phase of the closure plan they will need to use the existing employee parking lot for construction staging. They are requesting the temporary use of the street to provide for employee parking during this time period which he estimates to be between July 5 and October 31. A map (copy attached) of the proposed use and number of required parking stalls was distributed to the Committee. Wickstrom indicated the Public Works Department has no problems with allowing this other than we would need to develop conditions protecting the City from any liability for this on-street parking . The Committee unanimously approved the request subject to the conditions which s will be developed by the Transportation Division of the Public Works Department. Green River Levee Improvement - S. 212th Street Bridge Wickstrom indicated that the project fund is currently $200, 000 and the low bid received on June 27 was $289, 431.80. Wickstrom noted that $150, 000 for levee work near Meeker Street was budgeted but because of the need for a 404 permit no work will be done this year. Wickstrom proposed transferring the $150, 000 to the Green River Levee Improvement S. 212th Street Bridge fund so that we can proceed with construction and meet the time limitations of our Fisheries permit. The Meeker Street levee work would then be budgeted next year. The Committee unanimously approved the request. R E P 0 R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE- C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE 1. G. ADMINISTRATIVE REPORTS r PUBLIC WORKS COMMITTEE D E E g , June 14, 1988 JUN N 1988 PRESENT: Jon Johnson Chief Al Bond CITY OF KENT Judy Woods Jerry McCaughan CITY CLERK Berne Biteman Ed White Don Wickstrom John Bond Sandra Driscoll Stuart Murphy Brent McFall Warren Eck Bill Williamson Jim Klobuchek Alan Stoick Marion Zaratkiewicz Don Wickstrom introduced Ed White to the Committee as the new Transportation Planner. Ed states there is a concern on S 260th St - a section of roadway approximately one block long on the north side is curb, gutter and sidewalk on the south side there is a gravel shoulder. The roadway is approx 20 ft wide and the shoulder is approx 10 ft wide. There is a concern about vehicles when they are parked on the curb side in that they present some type of restriction for two way traffic. Traffic Division conducted several studies. During the am and pm the approximate vehicles that went through the neighborhood in the various directions from Military Rd onto 260th - the largest was during the pm with only 36 vehicles there. The am showed 25 vehicles. A 24 hour traffic count was also conducted. Judging from the results of all this information and doing visual surveys we do not really see that there is problem. Any potential conflicts would be very low in terms of the probability of anything happening. Berne Biteman states he has checked this out two or three times and on a Sunday there were 1/2 dozen cars on the curb side and recalls there were probably 10 cars on the other side. His concern is the restrictions do not leave passage way for two cars thru. Traffic stipulates that the distance is approximately 700 to 800 feet. Are both sides of the street ever filled with cars? According to Biteman, one of the problems now is that people are by-passing the stop sign. However the traffic count shows only a total of 13 vehicles during the pm peak hours. which is 4 - 6: 00 Mr. Murphy would like the parking to remain. Question to Sandra - what is the liability to the person who parks their car on the public right of way and gets hit, by another vehicle. There would be some liability. Biteman makes a motion to monitor the area for a while to see what can be done. Seconded by Johnson. ENTRY INTO CAMBRIDGE Marian Zaratkiewicz - Concerned about the public right of way. RE: entrance on 264th off Military Road. There is a meridian in -2- the center of the entrance and on both sides we have a public right of way - at one point in time there was a seating arrangement . The brick structure (seating arrangement) is now gone by the man who lives adjacent to the public right of way. He has assumed responsibility of maintaining - on the left hand side of the right of way he has chained linked fenced that portion of the right of way into his property. On the opposite side he had wired closed the right of way on the right hand side. He has since taken the wiring down prior to Mrs. Karatkiewicz attending this meeting. The chain link fence remains in tact on the left hand, side. Chief Al Bond responds: whatever is the street right of way of course will be dictated by the Street Dept. The rest of that area at this time - we plan to do nothing with it except maintain it the way it is now. The trees are there and the beauty bark is there and plans are to keep it that way - if the street gets widened then of course part of the public right of way will be used up for that. As the Council gave us permission some time ago, in a future date we may sell part of that off to single family residences. At that time 'we would have to survey and find out exactly where the public right of way is. Wickstrom requests a copy of the letter from Mrs. Zaratkiewicz to Mayor Kelleher indicating the gentleman's name. Biteman states that this has always been a good looking entrance from Military Road. He will stop by and talk to him. Committee concurs. USE OF PEDESTRIAN ACCESS EASEMENT Entered in as part of record - Petition to Committee (see attached) from Jim Klobuchek with eleven additional signatures. Warren Eck, property owner in the area, using easement walkway (Bristol Court) for access to parking his motor home in his property. The access that we have is for pedestrian walkway and the adjacent property owner (Warren Eck) is using it for the vehicle access to the back of his yard to park his motor home. There is concern by other property owners about using that walkway for that purpose. Warren Eck explains his use of the walkway with his motor home stating he uses it for a total of three minutes just to get his motor home in and out moving at a very slow rate of speed. Mr. Klobuchek states that the point is the walkway was never constructed for motor vehicles - it is for children and people to use and if he has a motor vehicle he has to park it in front of his house - it is not safe and it's not constructed for that use. What happens when Mr. Eck drives his motor vehicle on the asphalt and because of it's weight it starts destroying the asphalt - who will have to pay for repairs? A petition submitted states that it was not constructed for that purpose. Bill Williamson clarifies that the ownership is in fee and is held by the adjoining property owners in Unit 70 and 71 one of .. -3- whom would be Mr. Eck. He has the underlying fee. We have a .. plat dedication whereby this particular access roadway was granted to the City of Kent for the declared and dedicated purpose of drainage, open space, and pedestrian walkway purposes respectively. So we have a priority of drainage, open space and then walkers for walkway purposes. So we, the City, maintains that as an access roadway. We have three purposes and the questions as I see it is the question of whether or not this applied for use would constitute a conflict of those stated purposes. On the face of it, it does not appear that it would conflict - the question is would it interfere with the intent of that dedication. That's why it is here today. According to Mr. Eck, he has never had any problem with people walking because he uses it very early in the morning or late at night and there is always someone out in front watching. Mr. Eck also submits letters in his behalf. (See attached) Bill Williamson states the options: there are perhaps other considerations - Bill, Jerry McCaughan and Gary Gill, City Engineer inspected the property. There are some traffic engineering safety issues and that is whether or not this mobile which is probably 8 to 10 feet tall would pose a traffic hazard parked in front of the residence also, it is not against the zoning code to park a vehicle in the back parking lot. However if it is allowed, we would add certain terms and conditions and that is we would not want parking in the walkway. We would want it restricted to the number of times - where the applicant could exit and enter this gate and for starters, I have come up with a number of ten that is we would not want it to be used as a driveway. If it is used at all, we would want to make sure that someone was watching so that no children would be entering the roadway. We would also want as a condition that if there is any damage to the walkway to this easement area he would be responsible for repairing it. The other condition is that if the walkway is used by the vehicle that the vehicle be insured, lastly the permittee would defend and indemnify the City of Kent. It's a judgement call, frankly, on whether or not this intermittent use which appears to Mr McCaughan and myself and the City Engineer to be very periodic, that is the number of times that the vehicle would actually enter and exit would be not more than 7 or 8 times a month. This walkway is only about 9 feet wide and that the vehicle would be approaching at a very low speed and then to be tuning carefully and so we don't have any speed problems but we don't want parking and we don't want more than intermittent use. It could be an acceptable permitted use if this Committee deems it to be that it should add at least 10 conditions which I have come up with, with Jerry McCaughan and the City Engineer. Biteman asks for the ruling on parking vehicles in front of one's house. Williamson states that there is a 48 hour rule in the City and if you park over the 48 hours you will be ticketed. Mr. Eck states there are also neighborhood covenants on this. -4- Biteman states that from letters, and from the Attorney's report (Bill Williamson) and so forth that a limited access with the conditions that Bill has stated, would be tolerable and asks Jim Klobuchek to accept it under conditions. Mr. Klobuchek states his concerns are if Mr. Eck damages the walkway with his motor vehicle, Mr. Eck will be held responsible for repair of same. Jon Johnson asks Mr. Eck if he accepts the conditions outlined by Bill Williamson to the Committee. Mr. Eck agrees to those conditions. Woods requests that Mr. Eck receive a list of those conditions. Bill Williamson states that Mr. Eck would have to defend and indemnify and hold the City harmless and we would definitely want to be sure that the vehicle has insurance. Mr. Eck claims his motor vehicle is fully insured. Also, Bill Williams states that the City can revoke at any time with or without cause. If we felt that it turned out to be what we had not intended we could revoke that. Woods moves that we accept the Williamson recommendation. Committee approves. SURPLUS PROPERTY - ALLEN STOICK Property in question is located North of S . 244th Street between Summit and 94th Streets. Don Wickstrom comments - Mr Stoick is interested in purchasing property that is potentially subdividable on Summit - duplexed zoned property - submitted a proposed short plat to create three lots - two of the lots would access onto a piece of property (30 ft strip) deeded to the City and specifically mentions no consideration given monetary or otherwise which makes it not a valid deed. Mr. Stoick wanted to access however he cannot until that was resolved. We don't have any use for the property and we are recommending the property be declared surplus and Mr. Stoick can bid on it. Biteman so moves - Woods seconds. City Attorney, Sandra Driscoll states that the State Law mandates us to do it this way - we don't have options. Mr. Stoick will keep in contact with Jerry McCaughan for an update on this. Advertisement of the property will be held in approximately 60 days. TRAFFIC MITIGATION AGREEMENTS Don Wickstrom states the new act that is now effective which is a month earlier than we anticipated and we had to modify our existing mitigation agreements to reflect the provision in the new act which puts a limitation on LID covenants and also prohibits anybody from agreeing that their property is special benefited. Mitigation agreements have been reviewed - upon recommendation we proceeded to implement the new act which is essentially developing a development fee system for road -5- improvements in which the development then pays a development fee. The committee is recommending at least that one condition. Sandra refers to the changes - people acknowledge that this is to mitigate the impact but if there is a special benefit the way we will determine it is the way we have done it in the past - people who are owners of the property can make an objection to the assessment according to state law which is something different. We have added that language to comply to state law. All of Section 2 basically says you agree to not protest the formation, you can object at the assessment time as to whether or not you are specially benefited and whether or not the assessment is the appropriate assessment however you do have this financial obligation which goes to meet this particular condition under the SEPA Compliance and it's for mitigation purposes. One way to meet that financial obligation would be to participate in an LID and pay your money thru that. Another way to meet it would be if we could put together a local transportation program that Don described. We also added the language that says that this -. agreement can only last for a ten year period because again, that's what the State Law requires. Don states that what we have is several developments that are pending signing a mitigation agreement. We have some documents in escrow that they are willing to sign the old one, but now with the new state law the old one is no longer valid. What the committee agreed to is essentially the one item that we have concurrence on, is that we should proceed to a development fee proposal . These conditions here address the fact that the agreement has to be modified to meet state law requirements. Sandra states that what we added _• was that if we do put together a local transportation program you can meet your obligation in this agreement thru participation on payment of those impact fees. Don states that with the 10 year limitation the agreement says that after 10 years if no LID has been paid you have to pay at that time. We had to amend the agreement to address the new state law in order to allow these developments who have committed to executing -- the agreement. Committee concurs. LID 335 Wickstrom states that this is for the improvement of 208th Street from E Valley to the Valley freeway. We have covenants on it, the road is in need of maintenance so perhaps we should at least proceed with an LID. We do have covenants that would technically support formation of an LID but we have also have local property owners that represent about 20% of the assessment and we want some indication at this point of formation. 20% is definitely against the project. Woods suggests a letter to go out regarding the formation. Biteman suggests sending a registered letter saying the committee is about to make a decision on this LID. Committee agrees. -6- CLARK/HANGO AGREEMENT Woods moves to accept the Clark/Hango Agreement. Johnson also favors. SEGREGATION OF ASSESSMENT 3 LID 297 Would it be possible to include the segregation of the five acres at Russell Road. This is on the golf course side at the corner of Russell Rd and Meeker to be sold off and in fact the City now has a buyer for that. McFall states that we reserved that for sale for commercial development and we need to segregate that assessment out. Woods so moves to approve this segregation of Assessment #3 plus the five acres. Seconded by Johnson. Committee approves. PUGET POWER AGREEMENT Agreement with Puget Power for undergrounding Smith St. - Woods so moves - Committee approves PUBLIC WORKS TRUST FUND The agreement they had sent back when we asked for an extension had the wrong date in the agreement and gave us a year shorter and this just corrects that problem and gives us until 1989 . We need authorization for the Mayor to sign the extended agreement. Woods moves - Committee approves. Biteman makes a correction on minutes of May 10, 1988 Committee meeting regarding striping - "Biteman moved that twelve intersections be selected using the post striping and reflective signs. " Committee agrees on the correction. .I II 4144 c ' Aee �,sc�a�� l�J 6e Cl, 0 eultc lle-S to (>C,� (O(Rt ieo ✓)02 0?6-2o7- 5-rANGvID CT.,�� Al --- ,. 7t/15 T ��Gn 2 0 .. 7-o THE U(SE OF r�cc s s P/9 T I-1 13,?4( &A f 2 fiAJ A N..O 'kO 1Z i I)I i 012 HOME 6Aj Tip � 12 F1I 2 SEC i r --a T"N k P2 D Pe 12 T o L H19 vE r� rZ50� JAJ i TIDE S < l3 TIY Ul/0A) fi/v - TM C, plr t)E i 8) iU C/i2 e TC% I3c T/Jf) T TUC rHIOO/ZcAJ RIZ6. � U�- 2 l /U '�-i� 0��-� tolTIJ T lfE C'S� or 711E P19 i H AV P/IICt, lii :16W 8-7- k l6 lC �15 fi Hol)W 6 ff"R 6017-M ti" l�oj'l'1 c /Aj S 161-1 T OF- THE srizf i� f Hll �)F e5 Ho wl) THII i >i i� 7�2IZ I�I�I ��� �� T�" �� 12 , k 17 1A) ���� �C�� T1-1�,y v�E / T IMKil )673z_ AJ7- l J/9 . �1 June 13th, 1988 To whom it may concern, Warren and Lori Eck live at the end of a cul de sac known as "Bristol Court" directly across the street from us . The Eck ' s have always been overly cautiousl as we all are on this street , of children and pedestian traffic due to the fact we have this community easment at the end of our street . This easment borders theEck ' s south property line connecting the school grounds with "Bristol Court" . The Eck ' s have a very nice motorhome which I suggested could be parked behind their home out of view of all property owners . They thought it was a good idea and very carefully looked things over and checked with other neighbors for their feedback prior to giving it a try. All the neighbors I know have no open objection to it . Warren has since , installed a gate system in the rear side of his fence to accomodate their motorhome . When they are going to use the motorhome , which is very seldom, they very cautiously and carefully drive it up the paved easement making sure not to interfere with anyone wanting to use the easement at that time . My wife and I feel very comfortable with the Eck ' s use of the easement for this purpose and see no reason why they spuld not be allowed to continue . Sincerely Jim & Nancy Guse 26726 Bristol Court Kent, Wa . 98032 ( 206) 859-1383 r. Ci.• i ' �_ �./'' f F ! !7iCVC./r�./ r�`Ct/i. ��j�-C.'"Lr"i-/jJ �� LCJ C-/r•' t 2�..� �«_!_�.� i�.!<,Cc('-• lam! -C.G"az_C, '�'_� 4�C Q. We r O j , i I