HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/01/1989 City of Kent
a� City m Meeting
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Agenda
Mayor Dan Kelleher
Council Members
Jim White, President
Berne Biteman Steve Dowell
Christi Houser Jon Johnson
Paul Mann Judy Woods
August 1 , 1989
Office of the City Clerk
777:r .1,
CITY COUNCIL MEETING
August 1, 1989
Summary Agenda
_ City of Kent Council Chambers
Office of the City Clerk 7 : 00 p.m.
NOTE: Items on the Consent Calendar are either routine or
have been previously discussed. Any item may be
removed by a Councilmember. The Council may add and
act upon other items not listed on this agenda.
CALL TO DER
ROLL CALL
1. PUBLIC COMMUNICATIONS
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2 . PUBLIC HEARINGS
A. None
3 . CONSENT CALENDAR
A. Minutes
B. Bills
C. Lavender Hills Bill of Sale
D. Hehr Annexation Zoning Ordinance At66d
E. Land Use Sign Boards - Ordinance ),fIo3
F. Drinking Driver Task Force Donation
G. LID 334 - Derbyshire Sewer and Water Improvements
H. Contract for Recodification of Kent City Code
I . Parks Department Security Personnel - Ordinance T
J . LID 327 - Ordinance a,�(05
4 . OTHER BUSINESS
A. Salmon Enhancement Program - Kent School District
B. FEMA Ordinance a%6'j
C. LID 330 - 64th Avenue Improvements - Ordinance o��b�o
D. Riverbend Maintenance Worker Positions
E. King County Solid Waste Disposal Rates - Resolution/9,/3
5 . BIDS
A. None
6 . REPORTS
CONTINUED COMMUNICATIONS
ADJOURNMENT
PUBLIC COMMUNICATIONS
Citizens wishing to address the Council will, at this time,
make known the subject of interest, so all may be properly
heard.
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CONSENT CALENDAR
3 . City Council Action: p
movej Councilmember
9196TNIs that Consent Calendar Items AD through J be approved
Yh
Discussion {
Action
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bye re,vo oued
A40hn
3A. Approval of Minutes. ��u� � tw
Approval of the minutes of the regular Council meeting of r-aW .d
July 18, 1989
F1' 3B. Approval of Bills.
Approval of payment of the bills received through August 7, 1989
�rr after auditing by the Operations Committee at its meeting at
3 : 00 p.m. on August 15, 1989.
Approval of checks issued for vouchers:
N'
Approval of checks issued for payroll:
Date Check Numbers Amount
7/20/89 122137 - 122857 $727, 631.43
Council Agenda
Item No. 3 A-B
3A
Kent, Washington
July 18, 1989
Regular meeting of the Kent City Council was called to order at 7: 00
p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser,
Johnson and White, City Administrator Chow, City Attorney Driscoll,
Planning Manager Satterstrom and City Engineer Gill. Also present:
Police Chief Frederiksen, Fire Chief Angelo, Assistant City
Administrator Hansen, Finance Director McCarthy, Information Services
Director Spang and Personnel Director Webby. Councilmembers Biteman,
Mann and Woods - and Parks Director Wilson were not in attendance.
Planning Director Harris and Public Works Director Wickstrom were on
vacation. Approximately 40 people were at the meeting.
PRESENTATIONS (ITEM 1A)
Kathleen Groshong. Mayor Kelleher introduced
Kathleen Groshong who has been coordinating the Kent
Drinking Driver Task Force for the past six years.
He noted that Ms. Groshong will be leaving the City
and commended her on her exceptional organizational
skills, persistence, creativity and dedication.
Councilmember Houser also extended thanks to Ms.
Groshong for the success of the program.
(ITEM 1B)
Don Wickstrom. Mayor Kelleher announced that Public
Works Director Wickstrom has been with the City for
twenty years. He pointed out that Wickstrom has
done a complete revision of the City's Water
Comprehensive Plan, was instrumental in the
formation of the City' s storm drainage utility, and
developed the City' s first Comprehensive
Transportation Plan. The Mayor commended him for
his many accomplishments and presented him with a
20-year plaque.
CONSENT WHITE MOVED that Consent Calendar Items A through K
CALENDAR be approved, with the exception of Item J, the bill
of sale , for Lavender Hills, which was removed by the
City Attorney. This item will be discussed at the
next Council meeting. Dowell seconded and the
motion carried.
... 1
July 18 , 1989
STREET (ITEM 2B)
VACATION Third Avenue Street Vacation No. STV-89-3. This
hearing was continued from July 5, 1989 and will
consider an application filed by the City of Kent to
vacate a portion of Third Avenue between Gowe and
West Titus Streets. The Mayor declared the public
hearing open. Upon a question from Doug
Klappenbauah of Sound Ventures, the Mayor confirmed
that the Planning Department staff report dated June
29, 1989 and a memo from Public Works Director
Wickstrom dated July 14, 1989 are a part of the
record." WHITE MOVED to close the public hearing.
Houser seconded. Motion carried. WHITE MOVED to
approve Street Vacation No. STV-89-3 with conditions
as outlined in the staff report dated June 29 , 1989
and to direct the City Attorney to prepare the
ordinance upon receipt of compensation. Johnson
seconded. The City Attorney suggested that the
motion be rephrased to upon compliance with all
conditions, inasmuch as there is more than
compensation involved. White and Johnson concurred
and the motion carried.
(CONSENT CALENDAR ITEM 3D)
Street Vacation - Third Avenue. ADOPTION of
Resolution No. 1212 setting the hearing date for
street vacation of a portion of 3rd Ave. between
Titus and Saar Streets for August 15, 1989 . The
petition was filed on behalf of St. Anthony' s
Church.
TRAFFIC (ITEM 2F)
CONTROL Six Year Transportation Improvement Plan 1990-1995.
This date has been set for the public hearing on the
update of the City's Six Year Transportation
Improvement Plan. The Mayor declared the hearing
open. Marty Nizlek, Transportation Engineering
Supervisor, noted that this plan is a requirement
each year in order to receive Federal funding. He
then introduced Ed White, Assistant Transportation
Engineer, who noted that there are 30 projects in
the plan, 20 of which will be completed this year or
next. He noted for White that Jersey barriers will
be added to Item #13 , Canyon Drive Left Turn Lanes,
3
July 18, 1989
TRAFFIC Hazel Avenue to Weiland. There were no comments
CONTROL from the audience, and DOWELL MOVED to close the
public hearing. Houser seconded and the motion
carried. JOHNSON MOVED that Resolution 1121 be
adopted approving the 1990-1995 Six Year
Transportation Improvement Plan. White seconded and
suggested amending the motion to include the Jersey
barriers in Item #p13 . Johnson agreed and the motion
carried.
(CONSENT CALENDAR ITEM 3G)
James St. Signal Modifications. AUTHORIZATION to
establish a budget and transfer $8,000 from the 1989
Street Operating Budget (asphalt overlay funds) to
this project, as recommended by the Public Works
Committee.
ANNEXATION (CONSENT CALENDAR ITEM 3E)
Mortenson Annexation. ADOPTION of Ordinance No.
2860 annexing the property described on the
Mortenson annexation petition, for which a public
hearing was held on June 20, 1989. This is
approximately 9 acres located in the vicinity of
98th Ave. S. and S. 218th.
ANNEXATION (ITEM 2A)
ZONING Hehr Annexation Zoning No. AZ-89-1.
This is the second of two public hearings to
consider the Hearing Examiner's recommendation of
initial zoning of R1-7 . 2 , Single Family Residential,
for the Hehr Annexation area. The property is
approximately 4. 6 acres in size and is located on
the west side of 116th Ave. S.E. approximately 150
feet south of S.E. 227th Pl . The first hearing was
held on June 6, 1989 .
The Mayor declared the public hearing open. There
were no comments from the audience and WHITE MOVED
to close the public hearing. Johnson seconded and
the motion carried. WHITE MOVED to adopt the
findings of the Hearing Examiner, to concur with the
Hearing Examiner's recommended zoning of R1-7 . 2 , and
to direct the City Attorney to prepare the required
ordinance. Johnson seconded and the motion carried.
4 _.
July 18 , 1989
CONDITIONAL (ITEM 2C)
USE PERMIT Appeal .- Emerald City Chemical Conditional Use
APPEAL Permit No. CE-89-7. A hearing has been set for this
meeting to consider an appeal filed by Emerald City
Chemical Inc. of the Hearing Examiner' s
recommendation of denial of a conditional use permit
to allow the use of an existing 3 , 224 square foot
building, a new 8 , 358 square foot addition for
corporate offices, and the mixing, packaging,
warehousing, and distribution of organic and
inorganic chemicals.
Lauri Anderson described the site as between 77th
Ave. S . and the Burlington-Northern right-of-way,
north of vacated Harrison St. Emerald City proposes
to enlarge an existing building. A conditional use
permit is required because there will be more than
20, 000 pounds of hazardous substances on the site.
This comes under the city's new hazardous materials
regulations and is the first application for such a
permit. Ms. Anderson noted that the Hearing
Examiner has denied the permit as he felt he did not
have the authority to waive the requirements for a
50 foot setback from all property lines and a one
quarter mile setback from a public recreation
facility; in this case the interurban trail . The
Planning Department has recommended that the
conditional use permit be granted with conditions as
shown on page 19 and 20 of the staff report.
Upon questions from the Council, it was determined
that the facility was located on a two lane street,
which dead-ends at Seattle Auto, an emergency
response plan has been filed, SEPA has addressed the
possible effect on traffic, the facility is more
than 200 feet from Mill Creek, there will be no
explosives on the site and owners of neighboring
property had no objections to the granting of the
permit.
5
July 18 , 1989
CONDITIONAL The public hearing was declared open and Glen Dodge,
USE PERMIT president of Emerald City Chemical noted concern
APPEAL about setbacks since the property is narrow. He
stated that he had discussed this with the Fire and
Building Departments before buying the property and
(Emerald City had been assured that the design would meet the
Chemical Inc. ) City' s criteria and the City's 1988 Code. One of
the criteria suggested was that the rooms designed
for the containment of certain materials should
exist on exterior walls. If this was to be done the
exterior wall would have to be changed to the
interior of the property, thereby eliminating the
use of half of the property. He pointed out that
the adjacent railroad property is 10 feet higher
than the Emerald City property and as a berm,
mitigated the setback requirement. Mr. Dodge noted
that the existing hazardous materials plan in force
for the Seattle facility will be redesigned for the
Kent facility. He described some of the types of
chemicals which would be re-packaged at the site as
household items, stating that none would be
manufactured on the site. He noted that the firm
re-packaged for labs and had some retail sales and
that 70% of the products were standard non-
hazardous. Approximately 3 trucks per day would
serve the facility. It was determined that City
Code allows retail sales in M-3 zoning for 10% of
the floor area. Ms. Anderson noted that the staff
had not been aware of the retail sales and had
therefore not addressed the effect on traffic. She
noted that the Council could restrict the retail
sales.
John Spencer, of SRH Associates, Environmental
Consultants, and formerly with EPA, noted that he
had helped formulate the 1988 Code, had worked on
keeping the Seattle site in compliance and pointed
out that of this 17 , 000 square foot facility only
400 feet was proposed for retail sales.
Upon White' s question, Spencer stated he knew of no
spills or violations at the Seattle plant.
6
July 18 , 1989
CONDITIONAL Dodge noted that he had concerns about the
USE PERMITS conditions regarding outside storage, pointing out
APPEAL that outdoor storage is preferred for some types of
materials. He noted that this, along with the 50
(Emerald City foot setback and the one quarter mile restriction
Chemical Inc. ) were the reasons for his appeal. Dodge noted that
the railroad property is a non-buildable berm and
therefore acts as a safeguard. Anderson stated that
the railroad tracks are in use and the purpose of
the 50 foot setback was to provide a buffer. Chief
Angelo determined that the outside storage met the
minimum requirements of the code and that regarding
the interior/exterior wall, this unusual lot does
not lend itself to easy solutions.
Gary Volchok, of Coldwell Banker pointed out that
all truck maneuvering would be on the property, not
on the street. He stated that Metro Hauling had
gone on record supporting Emerald City Chemical ' s
proposal and that no objections had been received
from the other neighboring properties: McCann
Construction, Zep Chemicals and Tri-State
Construction.
Leona Orr and Maureen McNamara
, both spoke of public
safety concerns, inasmuch as the tracks could be
used for commuter rail in the future. They
questioned making exceptions on this, the first
project to come under the new guidelines.
There were no further comments and the hearing was
closed on WHITE' S MOTION, seconded by Johnson.
JOHNSON MOVED to grant the appeal with the
conditions recommended by the Planning Staff, as
shown on the Planning Staff report on page 19 and
20, except for Condition #3 . White seconded and
moved to amend the motion to delete Condition #5
also, and Johnson seconded. Dowell stated that the
Planning Department had not been aware of the retail
sales use proposed and that traffic mitigation
measures might have been suggested if they had
known. HE MOVED to table the matter, but the motion
failed for lack of a second.
_, 7
July 18 , 1989
CONDITIONAL At Fred Satterstrom's request it was clarified that
USE PERMIT Johnson's motion included both sections A and B as
APPEAL shown on pages 19 and 20. It was determined for
Dowell that this motion did not include any of the
(Emerald City Hearing Examiner' s recommendations, that he intended
Chemical Inc. ) for the staff recommendations to replace the Hearing
Examiner' s recommendations. Satterstrom clarified
that the outside storage would not be in the setback
area.
Anderson added that the Planning Department would
like to see some screening' so the storage would not
be visible from the road and some indication that
the applicant would work with the Fire Department to
determine the appropriate outdoor storage for the
materials. Johnson and White agreed to include Ms.
Anderson' s suggestions in the motion. Dowell noted
that outside storage of hazardous material was
subject to vandalism, and in this case the
possibility of mishaps due to vibrations from
trains. White noted that the Fire
Department had recommended outside storage. It was
determined for Houser that the 1988 Code had
specific requirements for outside storage, all of
which were provided for on this site. White 's
amendment to delete Condition #5 carried, with
Dowell voting against. The motion, as amended,
which deletes Condition #3 as well then carried,
with Dowell dissenting.
The text for Conditions #3 and #5 is as follows:
3. The applicant shall relocate the hazardous substances
portion of the development to the interior portion
of the site, providing a minimum 50 foot setback from
the property lines to the north, south and west and
a minimum 40' setback along the eastern property
line. Future expansion of the hazardous substance
portion of this development will also be subject to
the 50 foot setback requirement.
5. No outdoor storage of hazardous substances/wastes
shall be allowed on site.
8
July 18, 1989
CONDITIONAL (ITEM 2D)
USE PERMIT Electrofinishing Conditional UsElectrofinishing
APPEAL hearing will consider an appeal filed by Electro-
finishing, Inc. of the Hearing Examiner' s
recommendation to deny a conditional use permit for
the use of an existing building for a metal plating
shop with hazardous substances on site which exceed
the allowable 10, 000 lb. limit in a CM-1, Commercial
Manufacturing, zoning district. The property is
located at 22630 88th Ave. S.
Mary Duty of the Planning Department noted that the
electroplating operation is an allowed use in the CM
zone, but because the operation requires more than
10, 000 lbs. of hazardous substance on site, a
conditional use permit is required. She also noted
that it is located in an existing, multi-tenant
building, and that the applicant cannot meet the 50 '
setback requirement. The Hearing Examiner did not
feel that he had the authority to waive this
requirement. Ms. Duty noted for Dowell that the
Planning Department recommended approval with six
conditions, and that ingress and egress is not a
problem. She noted that this is a small operation,
approximately 2800 square feet, with 3-4 employees.
Upon the Mayor' s request, Duty read the six
conditions as shown on page 13 of the staff report.
She mentioned that the Hearing Examiner had agreed
with the conditions, but felt that the limitations
on the deliveries, condition #6, was not necessary.
The Mayor declared the public hearing open. Richard
Raymond, President of Electrofinishing, explained
that they do refinishing of boat and car parts and
machine shop parts, consisting of chrome, brass,
nickel and zinc plating. He noted for White that
they have not had any spills or citations and they
operate in a safe manner. Upon Houser' s question,
he said that only one or two trucks a month come in,
bringing up to five barrels at a time.
Greg Allen, Box 21, Redmond, noted that he is a
professional engineer retained by Electrofinishing.
He pointed out that Electrofinishing deals with
small amounts, and that the diluted solution on site
9
July 18, 1989
CONDITIONAL is the cause of the 10, 000 lb. limit being exceeded.
USE PERMIT He noted that Electrofinishing has met all
APPEAL requirements of the Department of Ecology and Metro.
Regarding the setback, Allen stated that this
(Electro- operation does not handle large enough quantities to
finishing Inc. ) cause spill problems. He noted that the 15 ' setback
is safe for the public. Upon Dowell 's question,
Allen stated that some chemicals should be stored
outside, but Electrofinishing handles so few
chemicals that it is easier for them to have storage
inside, so there will be no outside storage at this
site.
Ned Raymond of Electrofinishing noted that it had
been impossible to find a location with a 50 '
setback. He said that the locations zoned for
20, 000 lbs. of chemicals were close to houses and
retail businesses, and that they preferred to be
further away from that type of use. There were no
further comments and WHITE MOVED to close the public
hearing. Dowell seconded and the motion carried.
DOWELL MOVED to reject the findings of the Hearing
Examiner and to disagree with the Hearing Examiner' s
recommendation of denial of the Electrofinishing
Conditional Use Permit CE-89-10, and to allow the
conditional use permit to be granted with the
conditions outlined by the Planning Department.
White seconded. White then suggested to Dowell that
Condition ##6 be deleted, as the Hearing Examiner
suggested, since there will only be one or two
deliveries per month. Dowell agreed and the motion
as amended then carried.
ZONING CODE (ITEM 4B)
AMENDMENT Public Notice Boards. This meeting will consider a
recommendation by the Planning Commission to modify
Kent City Code requirements for providing on-site
public notification of proposed land use actions and
related public hearings.
10
July 18, 1989
ZONING CODE Carol Proud of the Planning Department noted that in
AMENDMENT October, 1988, the Council requested that the
Planning Department research options for providing a
public notice at development sites that is more
visible to the community and less subject to
vandalism than the system now in use. She pointed
out that the boards now in use are small and can't
be seen by residents driving by, and that they don't
hold up well in bad weather. She noted that six
cities had been contacted and three alternatives had
been suggested. These alternatives were presented
to the Planning Commission on July 19, and they
selected Alternate C, a 4 ' x 4 ' plywood face generic
notice board. Proud explained that the applicant
would deposit $60 with the City and install the sign
14 days before the public hearing. Staff would then
post the laminated notice sheets and a vinyl packet
of information 10 days before the hearing. The City
would refund $45 to the applicant upon return of the
board. JOHNSON MOVED to accept the Planning
Commission recommendation to modify the Kent City
Code for providing on-site public notification of
proposed land use actions and related public
hearings. White seconded. White and Johnson
extended thanks to staff and all who helped on this
project. The motion then carried.
ECONOMIC (CONSENT CALENDAR ITEM 3F)
DEVELOPMENT Seattle/King Co EDC Agreement. As recommended by
CORPORATION the Operations Committee, AUTHORIZATION for the
Mayor to sign a service agreement with Seattle/King
Co. Economic Development Corporation.
Seattle/King Co. Economic Development Corporation
has asked the City to sign a service agreement
authorizing the expenditure of $3 ,235 in 1989 for
various services as detailed in the service
agreement. The service agreement covers calendar
year 1989 and quarterly payments have already been
made to the Seattle/King Co. Economic Development
Corporation. Funds are included in the City' s
Economic Development Corporation budget for this
purpose. At a future time, the City staff will
analyze the contract benefits and propose a 1990
budget recommendation that may include alternative
budget recommendations.
11
July 18, 1989
FINANCE (ITEM 2E)
1990 Budget. Tonight's meeting has been set to
receive public input for the 1990 budget. The
timing of the meeting is prior to the July 28, 1989
Council work session when the Council will be
establishing budget priorities for 1990. Future
public input dates for the budget are scheduled for
August 15 and November 7, prior to the adoption of
the 1990 Budget at the December 5 Council meeting.
The intent of this meeting is to receive input from
the public, so that their items can be considered in
the Council prioritization setting session.
City Administrator Chow noted that the Chamber of
Commerce had submitted a letter regarding the 1990
budget and DOWELL MOVED to make the letter a part of
the record. Houser seconded and the motion carried.
The Mayor then declared the public hearing open.
Finance Director McCarthy noted that the Council
worksession on July 28 would be held at the Senior
Center beginning at 8 : 30 a.m. , and that input
received tonight would be considered at that
meeting. There were no comments from the audience.
White noted that he would not be able to attend on
the 28th, and the Mayor suggested that the City
Administrator meet with Councilmembers and determine
what day that week would be convenient for all.
DOWELL MOVED to close the public hearing. Houser
seconded and the motion carried.
(CONSENT CALENDAR ITEM 3B)
Approval of Bills. APPROVAL of payment of the bills
received through July 24 , 1989 after auditing by the
Operations Committee at its meeting at 3 : 00 p.m. on
August 1, 1989 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
6/29/89 80956 - 80960 3,284.46
6/29 - 7/11 81403 - 81426 252,518.32
7/12/89 81427 - 81692 1,282,793.70
1,538,596.48
Approval of checks issued for payroll:
Date Check Numbers Amount
7/05/89 121406 - 122136 717,797.06
12
July 18 , 1989
PARKS AND (ITEM 4A)
RECREATION Riverbend Golf Course Support Structures Project:
ACCEPTANCE of Riverbend Golf Course Support
Structures Project as complete and release of
retainage to Pease Construction upon receipt of
state releases. Following is a financial breakdown:
Original contract amount $1,600,450.00
Change orders 174 ,480.85
Subtotal $1,744,930.85*
Tax 122,556.59
Total $1,867,487.44
*$261,886.50 tax exempt for bridge.
(ITEM 5A)
Kiwanis Tot Lot #2. The Parks Department advertised
for bids for renovation of Kiwanis Tot Lot #2 (2nd
and Cloudy) , which consists of site preparation,
furnishing and installing play equipment and sand
surfacing. Bids were opened on Monday, July 17 ,
1989 The Mayor noted that only one bid had
been received, in the amount of $30, 076. 00
from Golf Landscaping, and that the Parks Department
recommends rejection of the bid, as it exceeds the
$23 , 975. 00 block grant monies available for
construction. He noted that Parks would work with
the architect to reduce the scope of work to fit
within the budget. DOWELL MOVED that the bid be
rejected. White seconded and the motion carried.
PERSONNEL (CONSENT CALENDAR ITEM 3C)
Workers Compensation Service Agreement.
AUTHORIZATION for the Mayor to sign the Workers
Compensation Service Agreement with Scott Wetzel
Services, Inc. for 1989/90. The City has contracted
with S.W.S. since July, 1979 . This is a renewal of
our existing workers compensation claims
administration agreement. Funding for this
agreement has been authorized within the 1989
budget.
ADJOURNMENT The meeting was adjourned at 9:15 p.m.
Marie Jen n, CMC
City Clerk
13
l ,l Kent City Council Meeting
Date August 1, 1989
I " i
Category Consent Calendar
1. SUBJECT: LAVE I3ER HILLS
2 . SUMMARY STATEMENT: Acceptance for continuous operation and
maintenance the bill of sale and warranty agreement for the
utility and street improvements constructed in the vicinity of
94th Avenue So. and S.E. 240th St. for the Lavender Hills
project and release of cash bond after expiration of the one
year maintenance period.
3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
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_ 109TH
Al
Kent City Council Meeting
Date August 1, 1989
�y Category Consent Calendar
1. SUBJECT: HEHR ANNEXATION ZONING .��T£�
l� V �//�
2 . SUMMARY STATEMENT: Adopt Ordinance No. 5 &;� establishing
the zoning for the Hehr Annexation to be R1-7 .2-single-family
residential, as recommended by the Hearing Examiner. Public
hearings were held on June 6 and July 18 , 1989 .
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3D
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jI ORDINANCE NO. II
itAN ORDINANCE of the City of Kent, �
Washington, regarding land use and zoning,
establishing the zoning of the Hehr Annexation
generally located on the west side of 116th
III Ave. S.E. approximately 150 feet south of S.E.
227th Place consisting of approximately 4.6
acres from R1-20 single family residential, the
interim zoning designation, to R1-7.2,
ji single-family residential.
WHEREAS, the property above described, known as the Hehrl
�I Annexation, was annexed to the City under Ordinance No. 2828 and
was automatically zoned R1-20, single family residential,
according to the Kent City Code establishment of interim zoning
designations for annexed properties; and
WHEREAS, the Hearing Examiner held a public hearing on
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April 5, 1989 to consider the zoning designations for the Rehr
Annexation as described in Exhibit A, incorporated herein by this !
li reference; and
WHEREAS, the Hearing Examiner issued findings of fact,
conclusions and a decision on April 19, 1989 recommending that the
zoning designation been established at R1-7.2, single-family
l residential; and
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WHEREAS, the City Council conducted a public hearing on
j July 18, 1989 to consider the Hearing Examiner's recommendation;
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WHEREAS, upon consideration of all documents and public
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testimony and the Hearing Examiner's findings, conclusions and
recommendations, the City Council concluded that it should adopt
the findings and conclusions of the Hearing Examiner, and concur
IIwith the Hearing Examiner's recommendations; NOW, THEREFORE,
II THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
III HEREBY ORDAIN AS FOLLOWS:
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!I Section 1. The findings, conclusions and recommendations
of the Hearing Examiner set forth in "Rehr Annexation Findings,
Conclusions and Recommendations of the Hearing Examiner" for the
City of Kent, which is on file with the Kent City Clerk, are
ihereby adopted and the findings and conclusions are concurred with
for this annexation.
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Section 2. The zoning for the Hehr Annexation, generally
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located on the west side of 116th Ave. S.E. approximately 150 feel
li south of S.E. 227th Place and legally described in Exhibit A,
incorporated herein by this reference, King County, Washington isi
i hereby changed from R1-20, single family residential to R1-7.2,
IIsingle-family residential.
i Section 3. Any act consistent with the authority and I
prior to the effective date of this ordinance is hereby ratified
III and confirmed.
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Section 4. Effective Date. This ordinance shall take
II effect and be in force thirty (30) days from and after its
ii passage, approval and publication as provided by law. i
IIDAN KELLEHER, MAYOR
ATTEST:
MARIE JENSEN, CITY CLERK
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III APPROVED AS TO FORM:
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SANDRA DRISCOLL, CITY ATTORNEY
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PASSED the day of 1989. i
APPROVED the day of 1989. �I
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i PUBLISHED the day of 1989•
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I hereby certify that this is a true copy of Ordinance
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No. passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
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(SEAL) '
;! MARIE JENSEN, CITY CLERK
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. 7510-260
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Exhibit A
LEGAL DESCRIPTION
The North half of the Northeast quarter of the Southeast quarter
of the Northeast quarter of Section 17, Township 22 North, Range
5 East, W.M. , in King County, Washington, EXCEPT any portion
thereof in 116th Ave. S .E.
Kent City Council Meeting
Date August 1 . 1989
Category Consent Calendar
<C
1. SUBJECT: kl
LAND USE SIGN BOARDS
nk
2 . SUMMARY STATEMENT: Adopt� Ordinance No. of 63 authorizing
the use of sign boards for land use notices.
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: citV Council
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3E
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ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, relating to providing on-site
public notification of proposed land use
actions and related public hearings, amending
Kent City Codes Sections 12.04.260, 15.09.030,
15.09.040, and 15.09.050.
III WHEREAS, the Kent City Council and Kent Planning II
'Commission is desirous of providing maximum visible public notice
Iat development.sites of proposed land use action; and
WHEREAS, the current Kent City Code provides that on-site ��
Ilpublic notice of proposed land use action shall be provided, but
1'no specifics as to the type of notice required is provided; and
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WHEREAS, the applicant of proposed land use actions,
residents affected by such action, and City residents as a whole
would benefit from the providing of maximum notice of proposed
Hand use actions; and
WHEREAS, the Kent City Council directed the Planning
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staff to develop alternatives for ensuring more visible on-site
ipublic notice; and i
WHEREAS, the Planning Department presented said
ialternatives to the Kent City Council Planning Committee on
'November 1, 1988 and on January 3, 1989; and
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WHEREAS, the Planning Department presented said
' alternatives to the Kent Planning Commission at a workshop on
I''April 24, 1989 and at a public hearing on June 19, 1989; and
WHEREAS, the Kent City Planning Commission on June 19,
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i11989 recommended to the Kent City Council adoption of a generic
14 foot by 4 foot on-site public notice board; NOW, THEREFORE,
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lTHE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
I!HEREBY ORDAIN AS FOLLOWS:
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Section 1. Section 12.04.260 of the Kent City Code is
amended as follows:
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12.04.260. PRELIMINARY PLAT PROCEDURES.
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il• 12.04.261. Application.
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Ii• A. Application for a preliminary plat shall be filed
•with the Planning Department on forms prescribed by the Planning
lDepartment at least thirty-five (35) days prior to the Hearing
Examiner hearing at which it is to be considered.
lB. Twelve (12) copies of the preliminary plat shall be
submitted, which shall be prepared by a land surveyor registered
in accordance with the requirements of RCW 18.43.010.
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II(Application fees are contained in City of Kent Ordinance #2026) .
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12.04.262. Preliminary Plat Reouirements. The following '
!'shall be part of the preliminary plat.
A. Vicinity Map. Adequate to show the location of the
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plat.
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lB. Preliminary Plat. Shall include or conform to the
i!following:
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1. The subdivision name and number, the name and
!address of the owner or owners, and the name and address of the
Illicensed land surveyor and subdivision engineer.
Ili 2. The date of preparation, the true north point,
Isla graphic scale and legal description of the property to be
(,subdivided.
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3. Preliminary plats shall be drawn to an
�lappropriate engineering (decimal) scale.
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4. Show the location of existing and proposed
,,platted property lines, and existing section lines, streets,
(!buildings, water courses, railroads, bridges, and any recorded
1public or private utility or roadway easements, both on the land
Ito be subdivided and on the adjoining lands (land that abuts the
(',proposed subdivision) , to a distance of one-hundred (100) feet
!from the edge of the subject property.
5. Contours and/or elevations (at five-foot
!,intervals minimum) shall be shown to that extent necessary to
,accurately predict drainage characteristics of the property.
(Contour lines shall be extended at least one hundred (100) feet
beyond the boundaries of the proposed plat.
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6. Give the names, locations, widths, and other
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(dimensions of proposed streets, alleys, easements, parks and other
open spaces, reservations, and utilities.
7. Indicate the acreage of land to be subdivided;
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(, the number of lots; the area of the smallest lot and the
(,approximate square footage and approximate percent of total
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(,acreage in open space.
8. ._ Indicate the approximate dimensions of each lot:
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9. Include a statement of soil type, drainage
, conditions, present landscaping (describe any natural or man-made
land cover) , wildlife present, and any other environmental factors '
1,which may be prescribed by the Planning Department.
12.04.263. Referral to Other City Departments and
lAaencies. The Planning Department shall distribute four (4)
,,copies of the preliminary map to the Engineering Department, one
(1) copy to the Building Department; one (1) copy to the Health
. Agency; one (1) copy to the Fire Department, and one (1) copy to
"each of the public utility agencies serving the area in which the I
IIsubdivision is to be constructed. Each department or agency may I
,file recommendations with the Planning Department within (10) days ,Il
lof receipt of the preliminary plat; or in the event that a
llipreliminary plat meeting would be called by the Planning
j[Department, may present their recommendation at that time.
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12.04.264. Preliminary Plat Meeting. The Planning
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; Department shall compare the applicant's tentative and preliminary ;
jPlat and shall reach a decision within three (3) working days
rafter the applicant'$ submission, as to whether a preliminary plat ;
,meeting is necessary. A preliminary plat meeting may be deemed
necessary when there are significant differences between the
tentative and preliminary plats. The determination of the
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J,necessity of a preliminary plat meeting shall be based on the
.lfollowing considerations:
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ji A. The degree of commonality between the two plans
M i.e. , is the preliminary plat a refinement of the tentative plat,
or is it a completely new plat for the same property?) .
B. The presence or absence of revisions present in the
�preliminary plat resulting from objections raised at the tentative '
I'plat meeting.
12.04.265. Hearing Examiner Public Hearing
III A. The Hearing Examiner shall hold a public hearing on
(,any preliminary plat and forward its recommendations to the Kent j
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;'City Council. The Hearing Examiner public hearing shall be held
!,within one hundred (100) days of the Planning Department's
!;acceptance of the application.
B. the-P}arming-Begartment-shall-give-netiee-in-Notice
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of the Public hearing shall be given in the following manner:
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1. Three-One (1) notices of the public hearing
shall be posted on or adjacent to the land to be subdivided at
Ilast ten (10) days prior to the public hearing. Public notice
('shall be accomplished through use of 4' x 4' Plywood face generic
notice board to be issued by the Kent Planning Department. and as
(follows:
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Applicant shall apply to the City for issuance of the 4
Notice Board and shall deposit with the Kent Planning
Department the amount of sixty dollars. Applicant shall I
be responsible for Placement of the notice board in one
(1) conspicuous place on or adjacent to the property
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tsubject of the application at least 14 days prior to the
ldate of the public hearing. Planning Department staff
II; shall cost laminated notice sheets and vinyl information
packets on the board no later than 10 days Prior to the
Ihearing Upon return of the Notice Board, in good
condition to the Planning Department by the applicant,
$45 dollars of the initial notice board deposit shall be i
refunded to the applicant.
2. One (1) notice of the public hearing shall be
Ilgiven in a newspaper of general circulation within the county, andll
Ila newspaper of general circulation within the area in which
property is located, at least ten (10) days prior to the public
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,hearing.
!If 3. Notice shall be given to all property owners
within a radius of three hundred (300) feet of the exterior
jboundaries of the property, subject of the application. If the
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owner of the subject property also owns property lying adjacent to !
the subject property, the 300 foot radius must be taken from the
�lexterior boundaries of this adjacent owned property. Such notice
shall be sent ten (10) days prior to the public hearing.
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II a. The failure of any property owner to
, receive said notice of hearing will not invalidate the proceedings.
12.04.266. Health Agency Recommendation. The health
, agencies responsible for approval of the proposed means of sewage
disposal and water supply shall file with the City Council, prior
Ito the Council's consideration of the preliminary plat, written
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iistatements as to the general adequacy of the proposed means of
, sewage disposal and water supply. (Applicant is responsible for
,submitting appropriate application forms to the Seattle-King
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lICounty Health Department and for paying the health department
review fee.)
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12.04.267. City Council Action. After receiving the
,Hearing Examiner's recommendation, the City Council shall, at its
next public meeting, set a date for a public meeting to consider
the adoption or rejection of the recommendation. If at this
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,'meeting the City Council deems that a change in the Hearing
;Examiner's recommendation is necessary, the change of the
!recommendation shall not be made until the City Council has
conducted a public hearing and thereupon adopted its own
recommendations and approved or disapproved the preliminary plat.
I! l 12.04.268. Expiration Date. Preliminary Plat approval
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shall lapse three (3) years from the date of approval unless a
( final plat based on the preliminary plat, or any phase thereof, is
Iisubmitted within three (3) years from the date of preliminary plat
'approval. One one-year extension shall be granted to an applicant !
1'lwho files a written request with the City Council and Planning
I'Department at least thirty (30) days before the expiration of this !
'Ithree-year period, if the applicant can show that he has attempted '
in good faith to submit the final plat within the three-year
period.
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Additional time extensions beyond this one-year time
period may be granted by the City Council if the applicant can
show unusual circumstances or situations which make it impossible
! to file the final plat within the four-year time period. The
iapplicant must file a written request with the City Council and
, Planning Department for this additional time extension; this
,'request must be filed at least thirty (30) days prior to the plat
I;expiration date. The request must include documentation as to the ',
1,need for the additional time period. Additional time extensions
11shall be granted in not greater than one (1) year increments.
In the case of a phased subdivision, final plat approval
by the City Council of any phase of the preliminary plat will
!constitute an automatic one (1) year extension for the filing of
,the next phase of the subdivision.
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it Section 2. Section 15.09.030 of the Kent City Zoning
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!!Code is amended as follows:
15.09.030. CONDITIONAL USES.
I'I A. Purpose.
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Ij1. Conditional use permits, revocable, conditional
iior valid for a time period may be issued by the Hearing Examiner
for any of the uses or purposes for which such permits are
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, required or permitted by the terms of this Code. The purpose of
Ilthe conditional use permit is to allow 'the proper integration into ,
I'�the community of uses which may be suitable only on certain
!;conditions in specific locations in a zoning district, or if the
:site is regulated in a particular manner.
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'I 2. Any use existing at the time of adoption of �
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phis code which is within the scope of uses permitted by a
Ilconditional use permit in the district in which the property is I
situated shall be deemed a conforming use without necessity of a
!,conditional use permit.
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3. Any expansion of an existing conditional use
may be required to apply for a new conditional use permit if the
Planning Director finds that there is a change in the nature of
the use by such expansion.
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B. Application. The owner or his agent may make
application for a conditional use permit which shall be on a form
prescribed by the Planning Department and filed with the Planning
Department. Said application shall be submitted at least
liforty-five (45) days prior to the next regularly scheduled public
! hearing date, and shall be heard by the Hearing Examiner within
one hundred (100) days of the date of said application--provided,
however, that this period may be extended in any case for which an
(environmental impact statement is required.
1. Development plans shall be submitted drawn to
!'scale, showing the actual dimensions and shape of the lot to be �I
(built upon; the exact sizes and locations on the lot of buildings
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;;already existing_, if any, and the location on the lot of the
,proposed building or alteration. Said plans shall show proposed
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' landscaping, off-street parking, signs, ingress and egress and
lladjacent land uses. The plan shall include other information as
II'may be required by the Planning Department. j
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C. Public Hearing. The Hearing Examiner shall hold a
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ipublic hearing on any proposed conditional use, and shall give
lInotice thereof in at least one (1) publication in the local
'Inewspaper at least ten (10) days prior to the public hearing.
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!I 1. Notice shall be given to all property owners
within a radius of at least two hundred (200) feet and, when
lldetermined by the Planning Director, a greater distance of the
exterior boundaries of the property subject of the application.
!,Such notice to be sent ten (10) days prior to the public hearing.
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II a. The failure of any property owner to
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, receive said notice of hearing will not invalidate the proceedings.
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2. Public notices shall be posted in three one 1
conspicuous places on or adjacent to the property subject of the
,;application at least ten (10) days prior to the date of the public
hearing. Public notice shall be accomplished through use of 4' x
4' plywood face generic notice board to be issued by the Kent
! Planning Department and as follows:
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Ill Applicant shall apply to the City for issuance of the
Notice Board and shall deposit with the Kent Planning
Department the amount of sixty dollars Applicant shall
be responsible for placement of the notice boards in one
(1) conspicuous place on or adjacent to the property
subject of the application at least 14 days prior to the
date of the public hearing Planning Department staff
shall post laminated notice sheets and vinyl information I,I
t packets on the board no later than 10 days prior to the
II hearing Upon return of the Notice Board, in good
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condition to the Planning Department by the applicant.
� $45 dollars of the initial notice board deposit shall be
refunded to the applicant.
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D. Standards and Criteria for Granting a Conditional
IUse Permit. A conditional use permit shall only be granted after
the Hearing Examiner has reviewed the proposed use to determine ifli
it complies with the standards and criteria listed below. A
conditional use permit shall only be granted if such finding is
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made.
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1. The proposed use in the proposed location will
;',not be detrimental to other uses legally existing or permitted
out-right in the zoning district.
Ii 2. The size of the site is adequate for the
proposed use.
3. The traffic generated by the proposed use will
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not unduly burden the traffic circulation system in the vicinity.
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4. The other performance characteristics of the
,proposed use are compatible with those of other uses in the neigh
borhood or vicinity.
5. Adequate buffering devices such as fencing,
-• llandscaping, or topographic characteristics protect adjacent
properties from adverse effects of the proposed use, including
adverse visual or auditory effects.
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6. The other uses in the vicinity of the proposed
! site are such as to permit the proposed use to function
effectively.
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7. The proposed use complies with the performance
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( standards, parking requirements and other applicable provisions of
lthis code.
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8. Any other similar considerations that may be
iappropriate to a particular case.
E. Action of Hearing Examiner. Special conditions may
:lbe imposed on the proposed development to insure that the proposed ;
;use will meet the standards and criteria of Section 15.09.030
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lsubsection D in granting a conditional use permit. Guarantees and
evidence that such conditions are being complied with may be
(required.
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F. Appeal. The decision of the Hearing Examiner shall
be final, unless an appeal is made to the City Council within ten
(!days after the Hearing Examiner's decision. Said appeal shall be
:!in writing to the City Council and filed with the City Clerk. I
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G. One Year Validity. Any conditional use permit
1granted by the Hearing Examiner shall remain effective only for
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I!one year unless the use is begun within that time or construction I
has commenced. If not in use or construction has not commenced
within one year, the conditional use permit shall become invalid.
II Section 3. Section 15.09.040 of the Kent City Code is
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15.09.040. VARIANCES. The Board of Adjustment shall
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'have the authority to grant a variance where practical
;difficulties, unnecessary hardships and results inconsistent with
Ithe general purposes of this code might result from the strict
application of certain provisions. A variance may not be granted
� to allow a use that is not in conformity with the uses specified
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by this code for the district in which the land is located.
(NOTE: Sign variances are heard by the Kent Hearing Examiner.)
A. Application. The owner or his agent may make
I,application for a variance which shall be on a form prescribed by
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ithe Planning Department and filed with the Planning Department.
;!Said application shall be submitted at least forty-five (45) days
(!prior to the next regularly scheduled public hearing date, and
i'shall be heard by the Board of Adjustment within one hundred (100) �
hdays of the date of said application--provided, however, that this
period may be extended in any case for which an environmental
`impact statement is required.
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i B. Public Hearing. The Board of Adjustment shall hold
ja public hearing on any proposed variance, and shall give notice
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(thereof in at least one publication in the local newspaper at
lleast ten (10) days prior to the public hearing.
1. Notice shall be given to all property owners
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within a radius of at least two hundred (200) feet and, when
!!determined by the Planning Director, a greater distance of the
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!'exterior boundaries of the property subject of the application.
Such notice to be sent ten (10) days prior to the public hearing. I
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!i a. The failure of any property owner to
ireceive said notice of hearing will not invalidate the proceedings.'
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2. Public notices shall be posted in' three one (1)
conspicuous places on or adjacent to the property subject of the
! application at least ten (10) days prior to the date of the public !
11hearing. Public notice shall be accomplished through use of 4' x
41_ plywood face generic notice board to be issued by the Kent
!Planning Department, and as follows:
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I� Applicant shall apply to the City for issuance of the
Notice Board, and shall deposit with the Kent Planning
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li Department the amount of sixty dollars. Applicant shall
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be responsible for placement of the notice boards in one
(1) conspicuous place on or adjacent to the property
subject of the application at least 14 days prior to the
date of the public hearing Planning Department staff
shall post laminated notice sheets and vinyl information
Packets on the board no later than 10 days prior to the
hearing. Upon return of the Notice Board, in good
condition to the Planning Department by the applicant
$45 dollars of the initial notice board deposit shall be
refunded to the applicant.
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itC. Conditions for Granting variance. Before any
variance may be granted, it shall be shown and the Board of
(!Adjustment shall find:
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1. The variance shall not constitute a grant of
special privileges inconsistent with a limitation upon uses of
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other properties in the vicinity and zone in which the property,
n behalf of which the application was filed, is located.
j 2. Such variance is necessary, because of special
circumstances relating to the size, shape, topography, location on
(surroundings of the subject property, to provide it with use
'rights and privileges permitted to other properties in the
icinity and in the zone in which the subject property is located; ,
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3. That the granting of such variance will not be li
(materially detrimental to the public welfare, or injurious to the
',property or improvements in the vicinity and zone in which the
subject property is situated.
IID. Board of Adjustment Action. The decision of the
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Board of Adjustment shall be final and conclusive, unless within
(10) days from the date of action, the original applicant or
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an adverse party makes application the King County Superior Court
for a writ of certiorari, writ of prohibition, or a writ of
mandamus.
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III E. One Year Validity. Any variance authorized by the
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'Board of Adjustment shall remain effective only for one year,
Runless the use is begun within that time or construction has
(',commenced. If not in use or construction has not commenced within
one year, the variance shall become invalid.
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Section 4. Section 15.09.050 of the Kent City Zoning I
(!Code is amended to add the following language:
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15.09.050. AMENDMENTS.
IIA. Purpose. This code may be amended by the City
IlCouncil by changing the boundaries of zoning districts (rezones
which change the official zoning map) or by changing any other provisions thereof thereof (text amendments which add, delete or otherwisei
(modify the text of the zoning code) wherever the public necessity
and convenience and the general welfare require such amendment, byl
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lifollowing the procedures of this section.
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1. An amendment may be initiated by:
ill a. Zoning code text and official zoning map
i';amendments may be initiated by resolution of intention by,the City
(Council. (Text amendments are heard by the Planning Commission j
hand City Council; zoning map amendments are heard by the Hearing
i'Examiner.)
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b. Zoning code text amendments may be
initiated by resolution of intention by the Planning Commission. i
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C. Official zoning map amendments (rezones) ,
4ncluding the application of the C-suffix, may be initiated by
application of one or more owners, or their agents, of the
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property affected by the proposed amendment, which shall be made
, on a form prescribed by the Planning Department and filed with the ',
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! Planning Department. Said application shall be submitted at least '
forty-five (45) days prior to the next regularly scheduled public
'(hearing date, and shall be heard by the Hearing Examiner within
, one hundred (100) days of the date of said application--provided,
however, that this period may be extended in any case for which an ,
'environmental impact statement is required. (O. 2708 §1)
2. Public hearing. The Hearing Examiner shall
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hold at least one public hearing on any proposed amendment, and
ishall give notice thereof in at least one publication in the local
newspaper at least ten (10) days prior to the public hearing.
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a. Notice shall be given to all property
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,,owners within at least two hundred (200) feet and, when determined !
lby the Planning Director, a greater distance of the exterior
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iboundaries of the property subject of the application. Such
!notice to be sent ten (10) days prior to the public hearing.
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The failure of any property owner to
jreceive said notice of hearing will not invalidate the proceedings.'
b. Public notices shall be posted in three-
'one (1) conspicuous places on or adjacent to the property subject
jof the application at least ten (10) days prior to the date of the
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(public hearing. Public notice shall be accomplished through use
[ of 4' x 4' plywood face generic notice board to be issued by the
Kent Planning Department, and as follows:
li Applicant shall apply to the city for issuance of the i
{ Notice Board and shall deposit with the Kent Planning
Department the amount of sixty dollars Applicant shall
�j be responsible for placement of the notice boards in one j
I� (1) conspicuous place on or adiacent to the property
subject of the application at least 14 days prior to the
I�
date of the public hearing. Planning Department staff
shall post laminated notice sheets and vinyl information '
I
packets on the board no later than 10 days prior to the
i
[j hearing. Upon return of the Notice Board, in good
condition to the Planning Department by the applicant
$45 dollars of the initial notice board deposit shall be
refunded to the applicant.
i
3. Standards and Criteria for Granting a Request
I
1for Rezone. The following standards and criteria shall be used by
I�the Hearing Examiner and City Council to evaluate a request for
Irezone. Such an amendment shall only be granted if the City
(,Council determines that the request is consistent with these
:standards and criteria.
I�
a. The proposed rezone is consistent with the !
I�Comprehensive Plan.
b. The proposed rezone and subsequent
development of the site would be compatible with development in
Tithe vicinity.
ii
C. The proposed rezone will not unduly burden [
'the transportation system in the vicinity of the property with
significant adverse impacts which cannot be mitigated. j
d. Circumstances have changed substantially
since the establishment of the current zoning district to warrant
(,the proposed rezone.
14 -
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r
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e. The proposed rezone will not adversely
))'affect the health, safety, and general welfare of the citizens of
lithe City of Kent. (0.2708 §1) i
4. The Hearing Examiner and the City Council shall
Buse the standards and criteria provided in Section 15.09.05 1 tol
revaluate a request for rezone to Ml-C. In addition, the Hearing
,Examiner and City Council shall evaluate a request for M1-C on the
basis of the following standards and criteria. Such an amendment
Ii
j'shall only be granted if the City Council determines the request
lis consistent with these standards and criteria.
� I
a. The proposed rezone is in close proximity
or contiguous to major arterial intersections identified on the
Comprehensive Plan map as being appropriate locations for
;commercial type land uses.
b. Rezoning to MI-C shall not be speculative
in nature but shall be based on generalized development plans and
ruses. (0.2708 §1)
5. Recommendation of the hearing examiner.
,Following the aforesaid public hearing, the Hearing Examiner shall )
make a report of findings and recommendations with respect to the
proposed amendment and shall forward such to the City Council,
which shall have the final authority to act on said amendment.
6. City Council Action. Within thirty (30) days
r
iiof receipt of the Hearing Examiner's recommendation, the City
:iCouncil shall, at a regular public meeting, consider said
I
recommendation.
If the application for an amendment is denied
iby the City Council, said application shall not be eligible for
1resubmittal for one year from date of said denial, unless
'specifically stated to be without prejudice. A new application
lI
affecting the same property may be submitted if, in the opinion of ,
the Hearing Examiner, circumstances affecting the application have .
changed substantially.
I
15 - I
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Section 5. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
sand confirmed.
�I
Section 6. Effective Date. This ordinance shall take
;effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
) j
I�
DAN KELLEHER, MAYOR
I '
!ATTEST:
I
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i
IMARIE JENSEN, CITY CLERK
I I
;I
,'APPROVED AS TO FORM:
�SANDRA DRISCOLL, CITY ATTORNEY
II i
PASSED the day of 1989. j
;APPROVED the day of , 1989.
iPUBLISHED the day of , 1989.
I hereby certify that this is a true copy of Ordinance )
No. passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
I
(SEAL)
�i
MARIE JENSEN, CITY CLERK
1
�I I
I7520-260
II - 16 -
II
Kent City Council Meeting
ffVTT Date August 1, 1989
Category Consent Calendar
1. SUBJECT: DRINKING DRIVER TASK FORCE
2 . SUMMARY STATEMENT: Acknowledgment of a donation of $200 from
the Aid Association for Lutherans.
I I
J
3 . EXHIBITS: Memo from Nancy Mathews
4 . RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3F
KENT DRINKING DRIVER
TASK FORCE
525 Fourth Avenue North
Kent, WA 98032-5895
(206) 859-4011
Kathleen Groshong
Coordinator L-DI
859-4011
ME M OR AND U
JUL 2 5 1989
CITY OF KENT
TO: MARIE JENSEN CITY CLERK
FROM: NANCY MATHEWS "
SUBJECT: CONTRIBUTION TO THE TASK FORCE
DATE: JULY 24, 1989
-----------------------------------------------------------------------
The Kent Drinking Driver Task Force has received a donation in the
w amount of $200.00 from Aid Assoc For Lutheran$to purchase materials
for use by local secondary schools as a follow-up to the 1989
youth drug/alcohol awareness conference.
Would you please make the necessary notification to the Mayor and
City Council for formal acceptance and recognition of this
contribution?
Thank you.
cc: Chief Frederiksen
Lillian
Kent City Council Meeting
Date August 1 1989
Category Consent Calendar
1. SUBJECT: LID 334 DERBYSHIRE SEWER AND WATER IMPROVEMENTS
2 . SUMMARY STATEMENT: Authorization to set September 5 as the
date for a public hearing on final assessment roll for LID 334 .
3 . EXHIBITS•
4 . RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3G
n" Kent City Council Meeting
1� \� Date August 1, 1989
�� Category Consent Calendar
1. SUBJECT: RECODIFICATION OF "JCITY CODE
na'"kn
2 . SUMMARY STATEMENT: Authorizg enteric into a contract with
Municipal Code Corporation for the recodification of the Kent
City Code. The total price for the contract will be $16,500 to
be paid over a two year period. $8, 000 of this contract is
already authorized in the 1989 Law Department budget.
3 . EXHIBITS: Professional services proposal
4 . RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6 . EXPENDITURE REOUIRED: $16 500 ($8 000 in 1989 budget)
SOURCE OF FUNDS-
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3H
PROFESSIONAL SERVICES PROPOSAL
The MUNICIPAL CODE CORPORATION, a corporation duly authorized and existing under
the laws of the State of Florida,hereinafter referred to as MCC,hereby offers to research,edit,
codify and publish the ordinances for KENT, WASHINGTON ,
a municipal corporation duly organized and existing under state law, hereinafter referred to
as the Municipality, according to the following terms and conditions:'
PART ONE
CODIFICATION OF ORDINANCES
(1) ORDINANCES INCLUDED. MCC will, under the supervision of the Municipality's
attorney,codify the ordinances of a general and permanent nature passed in final form by the
Municipality as of the date of this agreement. However, the Municipality may forward
ordinances subsequently passed for inclusion in the new Code until notice is received that the
editorial work has been completed(see paragraph 7).If the Municipality has an existing Code,
the provisions of that Code and ordinances adopted subsequent to the last ordinance included
therein will constitute the material to be used in performing the work provided for by this
agreement.
(2) COPIES OF MATERIAL. The Municipality will furnish MCC for its use in the
preparation of the Code, either typed or printed copies of the Charter, if any, and all amend-
ments thereto, and all ordinances of a general and permanent nature passed in final form.If a
prior Code exists, three copies thereof will be furnished, together with one copy of each
general and permanent ordinance adopted subsequent to the most recent ordinance included
in such Code.
(3) LEGAL RESEARCH AND REVIEW. MCC will assign an attorney to work with the
Municipality's attorney. Before the conference with the Municipality's attorney, MCC's at-
torney will:
(a) State Law.Research every ordinance to be included in the Code against state law.This
process will discover inconsistencies and conflicts with, and preemptions by, the state
law.
(b) State law references. Append state law references at the end of appropriate sections.
Additionally, a statutory reference table will be prepared listing by statutory citation
all sections carrying a reference.
(c) Case Law. Research every ordinance to be included in the Code against federal and
state appellate case law as reported in Shepard's. Any judicial decision specifically
affecting the validity of an ordinance included herein shall be called to the attention of
the Municipality's attorney.
(d) Charter. Research every ordinance to be included in the Code against the Municipali-
ty's Charter, assuming the Municipality is governed by a Charter. Conflicts and incon-
sistencies with, and preemptions by,the Charter will be brought to the attention of the
Municipality's attorney. Additionally, the Charter itself will be analyzed against state
law and appropriate explanatory notes prepared. Amendments will be incorporated
into the Charter if it is to appear in the Code.
(e) Internal consistency. Research the ordinances against each other. Inconsistencies or
conflicts between existing laws and obsolete provisions will be discovered through this
research.
1
(4) CONFERENCE WITH ATTORNEY. MCC's attorney will travel to the Municipality
for a conference with the Municipality's attorney and other interested officials. The following
will occur at the conference:
(a) Issues.Issues discussed will include all inconsistencies and conflicts discovered during
research, as well as obsolete provisions.
(b) Solutions. Recommendations will be made regarding solutions to the issues discussed.
(c) Implementation. Agreed upon solutions will be implemented with the help of MCC's
attorney. The Municipality's attorney has ultimate decision making authority for
solutions and implementation.
(d) Specific subjects. Recommendations will be made regarding new legislation on spe-
cific subjects where there is an obvious need.To facilitate this,the Municipality should
request recommendations on subjects of specific concern.
(e) Organization. Organization can be reviewed with the Municipality providing
comments, criticisms or Suggestions. Additionally, the format (see paragraph (lO)(b))
must be.chosen prior to the completion of the conference.
(5) CONFERENCE MEMORANDUM. Following the conference, MCC's attorney will
draft and submit a memorandum outlining the substantive changes,solutions and implemen-
tations agreed upon. This memorandum is extremely useful upon receipt of the proofs; it is
recommended the proofs be reviewed in conjunction with the conference memorandum.
(6) EDITORIAL WORK.The manuscript will be prepared to include:
(a) Proper phraseology. Concise, modern and proper phraseology, without conflicts,
ambiguities and repetitious provisions.
* (b) Chapter arrangement. Each chapter of the new Code shall embrace all ordinances of
the same subject matter. Within the chapter itself, the ordinances shall be arranged in
an orderly and logical fashion, to include articles and divisions as necessary.
(c) Table of contents.This table will list the chapters, articles and divisions of the Code,
giving the page number upon which each begins.
(d) Prechapter analysis. Each chapter of the new Code will be preceded by a detailed
analysis listing the articles and divisions contained therein. A more detailed sectional
analysis is available upon request.
(e) Catchlines. Each section will be preceded by a catchline, which shall reflect the
content of the section.
(f) History notes. A history note will be prepared for each section of the new Code. The
note will indicate the source from which the section is derived. If the section is derived
from an existing Code, the appropriate section of that Code will be cited, together with
amendatory ordinances.
(g) Cross references and footnotes. Cross references will be prepared to tie together
related sections of the new Code. Proper explanation will also be made in the form of
footnotes to relevant provisions of the Code.
(h) Comparative table.This table lists all ordinances included in the Code in chronologi-
cal and/or numerical sequence, setting out the location of such ordinances in the Code.
If a prior Code exists, the table will set out all prior Code sections included, and their
locations, in the new Code.
* The Code may be classified into major titles and/or
chapters if desired by the City.
2
(7) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of all edito-
rial work, MCC will notify the Municipality in writing that the Code manuscript is ready for
typesetting and printing. No additional ordinances will be included in the Code manuscript
subsequent to such notice.
(8) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will
submit one set of proofs to the Municipality for review. MCC assumes the responsibility of
proofreading and typographical correctness.The Municipality may make word changes on the
proofs without charge. However, should the Municipality make changes or deletions consti-
tuting more than one page of type, the Municipality will be charged at the per page rate set
out in Paragraph(12)(cXiii).
It shall be the duty of the Municipality to return the proofs, with the changes indicated
thereon, within forty-five (45) days from the date of their receipt. If proofs are not returned
within forty-five (45) days, and no notice to the contrary is received by MCC, it will be
assumed that no changes are to be made. MCC will then proceed to print the Code and no
changes shall thereafter be allowed.
(9) INDEX. After return of the proofs,but before printing, a comprehensive, general index
for the Code will be prepared. An index will also be prepared for the Charter,if included in the
Code.
(10) PRINTING AND BINDING. When the proofs are returned by the Municipality,
MCC will proceed with printing and binding the Code in accordance with the following:
(a) Copies. The number of copies desired by the Municipality, as set out in paragraph
(12)(bXviiXa), will be printed on 50 lb. Miami Book Paper, or its equivalent.
(b) Format. The page size will be consistent with the format chosen by the Municipality.
Formats available are 6 x 9 inches; 81/2 x 11 inches, single column; and 81/2 x 11
inches, double column(samples attached).
_ (c) Special materials. If the manuscript contains tables, drawings, designs, Algebra
formulae or other material for which engraved cuts or special methods of reproduction
are required, the cost of such engravings or special methods will be additional to the
costs as provided in paragraph 12.
(d) Separator tabs. MCC will furnish separator tabs for the major portions of the bound
Codes. The tabs furnished will be in the standard format utilized; however, special
order tabs are also available.
(e) Reprints of chapters. Additional copies of specific chapters may be ordered for bind-
ing in paper covers for separate sale or distribution by the Municipality. Prices will be
furnished upon request.
* (f) Binding.MCC will bind copies of the completed Code in mechanical post type binders,
each with slide lock fasteners and with imitation leather covers stamped in gold leaf.
Any unbound copies of the Code will be punched and wrapped separately for storage
and eventual binding by the Municipality. Additional binders can be ordered at any
time by the Municipality at the then current prices.
(11) SHIPMENT. Upon completion of the above, MCC will ship the Code books to the
Municipality. At this time, MCC's attorney will furnish the Municipality with a suggested
adopting ordinance. Once the Code has been adopted, a copy of the ordinance should be sent to
MCC, so that it can be included in the Code.
Three—ring leatherette binders are also available .
3
(12) COSTS AND PAYMENT. The Municipality will pay MCC for the work of research-
ing, editing,printing and binding as follows:
(a) -Fr $sti�rafiec�Total Cost 16, 500 .00 -.
(b) -Fratifns4ed-Total Cost includes:
(i) Legal Review
(ii) Conference with Attorney — one (1) conference no charge
additional conference 850 .00
(iii) Conference Memorandum
(iv) Editorial Work
(v) Typesetting and Proofs
(vi) Ind'exing
(vii) Printing and Binding
(a) Number of copies 50
(b) Numberofbinders — 3—post or 3—ring 50
(c) Format
-�ixehes— n/a
8'/2 x 11 inches, single column estimated
pagest
81/ x 11 inches, double column 450
(c) Estimated Total Cost does not include:
(i) Freight charges, which will be prepaid and in-
voiced upon shipment.
(ii) Special order tabs no charge
to page is defined as the area on one side of a sheet of paper. A sheet contains two(2)pages.
4
(iii) Pages in excess of those listed in(bXviiXc)of this
paragraph. Excess pages will be billed as fol-
lows:
&-x$-i-ael3es $n/a
dollars
81/x x 11 inches, single column per pages' $n/a
81/2 x 11 inches, double column $ n/a
(d) Payment will be due as follows:
G) Upon signing of contract $4 , 0 0 0 .0 0
(ii) Upon completion of the conference $ 4, 0 0 0 .0 0
(iii) Upon receipt of proofs
(iv) Balance upon delivery of Code.
(13) TIME SCHEDULE. The following is a tentative time schedule in the
preparation of the new Code:
(a) Editorial conference in City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 months
after receipt of the material and contract.
(b) Submission of the proofs to the City . . . . . . . . . . . . . . . . . . . . . . 4 months
after completion of the Editorial Conference.
(c) Delivery of completed Codes
tothe City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 months
after return of the proofs.
The above time schedule provides for completion of the Code within fourteen (14)
months, excluding the time required for review of the proofs and any delays occasioned
by the City.
(14) OMITTED ORDINANCES. The following ordinances will be omitted from the new
Code, unless otherwise mutually agreed upon by MCC and the City: Appropriations;
Franchise; Bonds; Vacating; Tax; Elections; Contracts and Agreements; Rezoning;
Personnel; Annexation; and Traffic schedules. However, these ordinances will be saved
from repeal by the ordinances adopting the new Code.
to page is defined as the area on one side of a sheet of paper. A sheet contains two(2)pages.
5
PART TWO
LOOSELEAF SUPPLEMENT SERVICE
(1) SCHEDULE. After shipment of the new Code MCC shall keep the Code up-to-date by
the publication of Looseleaf Supplements, which will contain the new ordinances of a general
and permanent nature enacted by the governing body.The Supplements can be published on a
schedule to meet the requirements of the Municipality. There is no additional charge for
frequent publication. A minimum of thirty(30)working days shall be required for delivery of
a Supplement.
(2) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. The Municipality shall
forward to MCC the ordinances to be used in the supplement service. It is suggested that the
ordinances be forwarded immediately following enactment by the Municipality for recording
and processing.
(3) EDITORIAL SCRUTINY. The new ordinances will be studied by a member of MCC's
editorial staff in conjunction with the existing provisions of the new Code. The pages of the
Code containing provisions that are specifically repealed or amended by ordinance shall be
reprinted to remove such repealed or amended provisions and to insert the new ordinances.
Should MCC detect conflicts, inconsistencies or duplications in the Code as the new ordi-
nances are included, the Municipality will be notified so that remedial action may be taken.
(4) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended to
the new sections as deemed necessary by the editor.
(5) INDEX AND TABLES. When the inclusion of new material necessitates changes in
the index, appropriate entries will be prepared and the necessary pages of the index will be
reprinted to include the new entries. The Comparative and State Law Reference Tables will
also be kept up-to-date by listing the ordinances and state law citations, if any, included in
each Supplement, together with their disposition in the Code. The Table of Contents will also
be kept current to reflect changes in the Code.
(6) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for
removal of the obsolete pages and insertion of the new pages.The latest ordinance included in
the published Supplement will be noted in boldface type on the Instruction Sheet.
(7) CHECKLIST. A checklist of up-to-date pages will be prepared and kept current for the
benefit of the user. The checklist of up-to-date pages will allow instant determination of
whether the user is relying on a page reflecting current ordinances.
(8) TABULAR MATTER.The costs provided in paragraph(10)below are based on a page
containing type for ordinary composition. Should the Supplement contain tables, drawings
and the like for which special typesetting or other methods of reproduction are required, the
costs of such engravings or tabular matter will be additional to the costs as provided below.
(9) REPRINTS. Looseleaf reprint pamphlets, which contain certain portions of the Code,
including appropriate index pages,can be kept up-to-date at the same time the Code volume is
supplemented.
6
(10) COSTS AND PAYMENT.The Municipality will pay MCC for the work of editorially
preparing and printing Supplements as follows:
(a) Number of copies 50
(b) Format
6 x 9 inches $n/a
81/s x 11 inches, single column dollars $16 .0 0
per paget
81h x 11 inches, double column $2 2 .0 0
(c) Payment will be due upon receipt of an invoice. Supplements will be invoiced when
shipped.
(d) Freight charges will be prepaid and invoiced at the time of final billing.
(11) SHIPMENT. Supplements will be shipped to the Municipality for distribution to the
holders of the Codes. However, storage, distribution and billing services are available. Prices
will be furnished upon request. The Municipality shall have the exclusive right to sell the
Codes and Supplements.
(12) TERMINATION. The Looseleaf Supplement Service provided under this Part Two
shall be in full force and effect for a period of two (2) vears from the date of shipment of the
completed Code to the Municipality and shall be automatically renewed from year to year,
provided that either party may alter or cancel the terms of this Part Two upon sixty(60)days'
written notice.
to page is defined as the area on one side of a sheet of paper. A sheet contains two(2) pages.
7
The terms of this proposal shall remain in force and effect for a period of ninety (90) days
from the date appearing below, unless accepted by the Municipality.
Submitted by
MUNICIPAL CODE CORPORATION
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Witness President
July 7, 1989
Date
Accepted by:
KENT WASHINGTON
Witness
Title
Date
ATTACHMENTS:
Sample Pages
8
HEALTH AND SANITATION § 9-45
(b) If at the time of the first inspection, or of any inspection subsequent to the issuance of
the certificate of operation, it is found that the equipment is in such condition that it cannot
be operated within the provisions of this article, the city manager shall give notice in writing
to the person owning;operating, or in charge of such equipment of the defects found and an
order to correct, repair or replace the defective equipment, and it then becomes incumbent
upon the owner or operator to comply with such orders. Failure to comply with this order
within thirty(30)days from its date shall be a violation of this section and the city manager is
hereby authorized to seal the equipment. Each day of failure to comply after the thirty (30)
days shall constitute a separate offense.
(Code 1967, § 4-2)
Sec. 9-42. Right-of-entry.
No person shall in any manner hinder, obstruct, delay, resist, prevent or in any way
interfere or attempt to interfere with the officers or employees of the city in the performance
of any duty required under the provisions of this article; nor shall any person refuse to permit
such inspectors to perform their duty by refusing any of them entrance to the premises at
reasonable hours.
(Code 1967, § 4-3)
Sec. 9-43. Smoke indicators, mirrors or devices required for certain fuel-burning
plants.
All newly constructed or reconstructed solid or liquid fuel-burning plants having more
than five hundred(500)square feet of boiler heating surface(50 H.P.)or its equivalent shall be
equipped with smoke indicators, mirrors, or similar devices, approved by the city manager to
enable the fireman to observe the top of the stack from the boiler room at all times, unless the
top of the stack is readily visible to the fireman from the boiler room without the use of such
devices. In plants where a fireman is not in constant attendance in the boiler room,the smoke
indicator shall be of a type which will sound an alarm or flash a signal to attract the attention
of the fireman. Any existing plant which emits unlawful smoke may be required to install
such indicating devices.
(Code 1967, § 4-4)
Sec. 9-44. Standard for grading shade or density of smoke.
For the purpose of grading the shade or density of smoke, the Ringelmann chart as now
published and used by the U. S. Bureau of Mines,which is hereby made a part of the article by
reference, shall be the standard.
(Code 1967, § 4-5)
Sec. 9-45. General restrictions on discharge of smoke, dust and fumes.
No person who operates or is responsible for the operation of any fuel-burning equipment,
internal combustion engine, locomotive, vehicle, premises, open fire or stack, shall cause,
" 617
§ 9.45 KINGS MOUNTAIN CODE
suffer or allow to be discharged therefrom any smoke,dust or fumes that are a nuisance to any
person not being therein or thereupon engaged or that are a detriment or injurious to the
health, welfare or property of others.
(Code 1967, § 4-6)
Sec. 9-46. Restrictions on emission of smoke.
(a) The emission of smoke at any time,within the corporate limits of the city of the shade
or density greater than number 2 of the Ringelmann chart shall be a violation of this article.
(b) No person who operates or is responsible for the operation of any fuel-burning equip-
ment, internal combustion engine, premises, open fire or stack shall cause, suffer or allow to
be discharged therefrom, smoke the shade or density of which is equal .to or greater than
number 2 of the Ringelmann chart for a period aggregating four (4) minutes or more in any
thirty (30) minutes; except smoke the shade or density of which is equal to number 2 and not
greater than number 3 of the Ringelmann chart may be emitted for a period or periods
aggregating three(3)minutes in any fifteen(15) minutes for the following reasons only: when
building a new fire, cleaning a fire, or when breakdown of equipment occurs which makes it
evident that the emission was not reasonably preventable.
(c) No person who operates or is responsible for the operation of any locomotive or vehicle
shall cause, suffer or allow to be discharged therefrom smoke, the shade or density of which is
equal to or greater than number 2 of the Ringelmann chart for a period or periods aggregating
more than one(1)minute in any fifteen(15)minutes; except smoke the shade or density of which
is equal to number 2 and not greater than number 3 of the Ringelmann chart,may be emitted for a
period or periods aggregating three (3) minutes in any fifteen (15) minutes for the following
reasons only: when building a new fire, when cleaning fires or when the breakdown of
equipment occurs which makes it evident that the emission was not reasonably preventable.
(Code 1967, § 4-7)
Sec. 9-47. Restrictions on discharge of dust.
No person who operates or is responsible for the operation of any fuel-burning equipment
shall cause, suffer or allow to be discharged therefrom or to pass any convenient measuring
point in the stack thereof, dust in the gases to exceed eighty-five hundredths(0.85) of a pound
per one thousand (1,000) pounds of gases, adjusted to twelve (12) percent COx content. The
amount of solids in the gases, shall be determined according to the test code for dust-separating
apparatus of the American Society of Mechanical Engineers, revised and amended to date,
which hereby is made a part of this article by reference.
(Code 1967, § 4-8)
Sec. 9-48. Sealing equipment responsible for violation of article.
After any person who has been previously notified of three (3) or more violations of this
article within any consecutive twelve-month period, in respect to the emission of smoke, dust
or fumes, that such person shall be notified to show cause before the city manager on a
specified day to be not less than ten (10) days from the date of notice, why the equipment
618
CODEINDEX
LOUDSPEAKERS Section
Advertising restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-50
LUMBER, BOXES, BARRELS, ETC.
Elevation of storage racks for lumber,boxes,etc. . . . . . . . . . .. 9-35
See: RODENT CONTROL
Rodent control requirement . . . . . . . . . . . . . . . . . . . . . . . . . . 9-35
See: RODENT CONTROL
M
MAD DOGS
Inoculation and registration of dogs . . . . . . . . . . . . . . . . . . . . 3-28 et seq.
See: ANIMALS AND FOWL
MAGAZINE AND BOOK AGENTS
Itinerant merchant regulations . . . . . . . . . . . . . . . . . . . . . . . 12-110 et seq.
See: PEDDLERS AND SOLICITORS
MAINS
Water and sewer main extensions . . . . . . . . . . . . . . . . . . . . . . 11-120 et seq.
See: UTILITIES
MALICIOUS MISCHIEF
Mountain Rest Cemetery, in . . . . . . . . . . . . . . . . . . . . . . . . . . 5-40
See: MOUNTAIN REST CEMETERY
MANAGER. See: CITY MANAGER
MANUFACTURED HOMES
Flood damage prevention,general requirements of . . . . . . . . 4-40 et seq.
See: FLOOD DAMAGE PREVENTION
MARKETS
Community market operating policy . . . . . . . . . . . . . . . . . . . 12-34
MASSAGE ESTABLISHMENTS
Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-96
Hours of operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-97
Licenses
Application for license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-92
Applicability of other licensing provisions . . . . . . . . . . . 12-93
See: LICENSES AND PERMITS
Information to be filed with chief of police . . . . . . . . . . . . 12-95
Qualifications of applicant . . . . . . . . . . . . . . . . . . . . . . . . 12-91
Issuance 12-94
Revocation procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-96
Minors patronizing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-99
Purpose of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-90
Qualifications of applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-91
Treatment of persons of opposite sex . . . . . . . . . . . . . . . . . . . . 12-98
Unlicensed persons, massages by . . . . . . . . . . . . . . . . . . . . . . 12-100
Violations, penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.97
MAYOR
Governing body 2-20 et seq.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: CITY COUNCIL
3179
KINGS MOUNTAIN CODE
MEAT AND MEAT PRODUCTS Section
Community market operating policy . . . . . . . . . . . . . . . . . . . 12-34
MEAT PEDDLERS
Itinerant merchant regulations . . . . . . . . . . . . . . . . . . . . . . 12-110 et seq.
See: PEDDLERS AND SOLICITORS
MECHANICAL INSTALLATIONS
Heating and air conditioning installations . . . . . . . . . . . . . . . 4-140 et seq.
See: HEATING AND AIR CONDITIONING
MEDICINES. See: DRUGS AND MEDICINES
MEETINGS. See: ASSEMBLIES
MEMORIAL LIBRARY
Board of trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1 et seq.
See: LIBRARIES
MEMORIALS
Mountain Rest Cemetery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-20 et seq.
See: MOUNTAIN REST CEMETERY
MENDICANCY
Indirect methods of soliciting alms,permits . . . . . . . . . . . . . . 13-9
MERCHANTS
Itinerant merchant regulations . . . . . . . . . . . . . . . . . . . . . . . 12-110 et seq.
See: PEDDLERS AND SOLICITORS
Licenses and permits generally . . . . . . . . . . . . . . . . . . . . . . . . 12-1 et seq.
See: LICENSES AND PERMITS
Pawnbrokers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-35 et seq.
See: PAWNBROKERS
Unloading of merchandise on public ways . . . . . . . . . . . . . . . 16-13
See: STREETS AND SIDEWALKS
MINORITIES
Fair housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.30 et seq.
See: FAIR HOUSING
MINORS(Juveniles, children, etc.)
Massage establishment regulations . . . . . . . . . . . . . . . . . . . . 12-90 et seq.
See: MASSAGE ESTABLISHMENTS
Municipal lakes restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . 14-20 et seq.
See: WATERWAYS, WATERCRAFT AND WATERFRONT
STRUCTURES
MISSILES
Throwing objects from windows,porches,doors,etc. . . . . . . . 13-11, 13-12
MOBILE HOMES
Flood damage prevention,general requirements of . . . . . . . . 4-40 et seq.
See: FLOOD DAMAGE PREVENTION
House trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-1 et seq.
See: TRAILERS AND TRAILER PARKS
MOBS
Unlawful assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-14
3180
OIL AND GAS WELLS § 14.27
ARTICLE I. IN GENERAL Sec. 14-5. Right of entry.
Sec. 14-1. Drilling in streets. Any officer or employee of the city designated
for that purpose shall have the right and privi-
No person shall drill any oil or gas well within lege at any time to enter upon the premises cov-
any street or alley of the city or block or encum- ered by any permit issued under this chapter for
ber or close up any street or alley in any drilling the purpose of making inspections to determine if
or production operations,except by special permit the requirements of this chapter or of any other
by order of the council and then only temporarily. ordinance of the city relating to the health and
(Code 1971, § 15.06) safety of persons and property within the city are
Cross reference—Streets and sidewalks,Ch. 18. being complied with.
Sec. 14-2. Disposition of well products, use (Code 1971, § 15.15)
of streets.
Sec. 14-6. Penalties.
In operating under any permit issued under
this chapter or any amendment thereto, all oil, Any person, either for himself or his agent,
gas and water produced or arising from the oper- servant or employee, who shall violate any provi-
ations shall be piped or otherwise conveyed or sion of this chapter shall upon conviction thereof
removed from the territory of the city except the be subject to punishment as provided in section
ordinary use of a slush pond, and all excavations 1-16 of this Code.
in or use of the streets and alleys in such opera- (Code 1971, § 15.16)
tions shall be under the reasonable direction of
the superintendent of streets of the city, and done Secs. 14-7-14-25. Reserved.
without unreasonable obstruction of the streets
and without expense or cost to the city.
(Code 1971, § 15.11) ARTICLE Il. DRILLING PERMIT*
Cross reference—Streets and sidewalks,Ch. 18.
Sec. 14-3. Fire regulations. Sec. 14-26. Required.
No person shall drill or commence to drill a
Each drilling rig or outfit, used in the drilling well for oil or gas within the city or work upon or
or operation of any well within the city, shall be assist in any way in the prosecution of any such
equipped with adequate fire extinguishers kept well without a permit for such oil well and for the
in good working order. No storage of oil or facili- prosecution of the development having first been
ties therefor shall be kept, erected or maintained issued by the authority of the council in accord-
within the boundaries of the city except to the ance with the terms of this chapter.
extent of not to exceed five hundred(500)barrels (Code 1971, § 15.01)
for each well. All such rigs and equipment used
in the drilling or operation of any well within the Sec. 14-27. Number limited.
city shall be subject to the inspection and super-
vision of the state fire marshal. (a) Within the City of Salem, there shall be
(Code 1971, § 15.12) only one (1)permit issued for one (1) well in each
block, except that where more than one (1) pro-
Sec. 14-4. Filling slush pit. ducing oil or gas sand is found in such block a
Within thirty(30)days after any oil or gas well permit may be granted for one (1) well to each of
within the limits of the city is completed for pro- such sands in such block. In areas within the
duction of oil or gas, or within thirty (30) days corporate limits which have been laid out in addi-
after the same is completed in cases where a dry tions to or subdivisions of additions to the city,
hole is found,the slush pit shall be filled with dirt and which have not been platted into blocks there
and leveled off. *Cross reference—Licenses, permits and miscellaneous busi-
(Code 1971, § 15.14) ness regulations,Ch. 11.
781
§ 14-27 SALEM CODE
shall be issued one(1)permit for one(1)well for each fied under oath by the applicant or by some per-
area of one and one-half (11A) acres. If any such son duly authorized on behalf of the applicant.
subdivision or addition contains more than one (b) A separate application shall be made and
and one-quarter(11/4) acres, or a multiple thereof, filed as to each well proposed to be drilled and
then such addition or subdivision shall be enti- each such application shall, among other things,
tled to one (1)permit for one (1)well for such addi- show the lot and particular point where the pro-
tional area in excess of the number of one-and- posed well is to be located, and in addition shall
one-quarter-acre areas contained therein if such have attached to it or be accompanied by copies of
addition area shall contain three-quarters of an all oil and gas leases or other drilling contracts
acre or more. If more than one (1) producing oil which the applicant may have with the owners of
sand or formation found in any such subdivi- the land within the blocks and also a map or plat
sion or addition, one (1) permit for one (1) well
shall be issued for each one and one-quarter (1'/4) covering the platted block or the tract of land
where the proposed well is to be located, indicat-
acres and additional area as above set forth for the the lots of land covered by such leases
in
each such producing sand as in the case of the or contractseon and the particular point where such
areas divided and platted into blocks. well is to be drilled.
(b) Where more than one(1)well is drilled beyond (c) Applications shall also be accompanied by
the city limits and within three hundred thirty certificates of title satisfactory to the council to
(330) feet thereof on land either immediately ad- the end that the applications will show what por-
jacent to any platted block or addition or subdivi- tion and what parts of block the applicant holds
sion within the city or separated therefrom by a under lease and contract from the owner.
street, alley, or highway, a permit may be issued (Code 1971, § 15.07)
for the drilling of an additional well in such block
or such addition or subdivision at a location not Sec. 14-29. Bond prerequisite to issuance.
more than two hundred (200) feet from the city
limits to offset the additional well or wells that The application for a permit required by this
shall be drilled on the land situated outside the article shall also be accompanied with a duly exe-
city. Where an application is made to drill a well cuted bond given by the applicant as principal
on land which is platted into blocks,the applicant and a surety company authorized to do business
must own leases or drilling contracts on at least in the state as surety, running to the city for the
fifty-one (51) percent of the total amount of land benefit of the city and all persons concerned, con-
in the block on which a well is sought to be drilled ditioned that if the permit be granted the appli-
before a permit shall be granted. cant and his assigns will comply with the terms
(Code 1971, § 15.02) and conditions of this chapter in the drilling and
operation of a well, will pay to any owner of a
Sec. 14-28. Application. block or subdivision on which the applicant shall
not hold oil and gas leases or contracts, the oil
(a) Any person desiring to obtain a permit for and gas royalties as herein provided, that the
the drilling or operation of any oil or gas well applicants will restore streets and sidewalks and
within the city shall make written application other public places of the city which may be dis-
therefor to the council and file the same with the turbed in the operations to their former condi-
city clerk, which application shall be accompa- tion, will clear the blocks and lots and additions
nied with a deposit of seventy-five dollars($75.00) or subdivisions of all litter, machinery, derricks,
in cash or a certified check for such amount as an buildings, oil slush pits, oil and other substance
inspection fee in case the permit is granted. All of erected, used or allowed in the drilling or produc-
such applications shall be made upon forms pre- ing operation whenever the well shall be aban-
scribed and provided for such purposes by the city doned or the operation thereof discontinued, and
and each such application shall be duly signed that he will pay to the owners of any buildings,
and executed by the applicant and shall be veri- improvements, goods or chattels located in the
782
CODEINDEX
BUILDINGS—Cont'd. Section CARNIVALS Section
Codes Parks and recreation,commercial purposes
Adopted .......... . . . .... . . ....... 6-26 prohibited ..... ....... ........ . .. 15.3
Electrical code adopted. .. ....... . . . .. 6-46
Existing structures code adopted . ...... 6-61 CATS
Permit fees .... .. ......... . . . . . . ... 6-27 Animal regulations generally .. . ........ 5-1 et seq.
Plumbing code adopted ........ . . . . . . 16-2 See:ANIMALS AND FOWL
Electrical code adopted . .. .......... . . . 6.46 CATTLE
Existing structures code adopted.... ..... 6-61
Flood hazard prevention and control ...... 9-1 et seq. Animal regulations generally ........... 5.1 et seq.
See: FLOOD HAZARD PREVENTION See:ANIMALS AND FOWL
AND CONTROL CEMETERIES
Garbage, debris, etc., thrown or deposited Applicability ................ . . . ..... 7.1
in buildings declared nuisance . ...... 10.71(4) Concrete encasements required . . . .. . . .. 7-5
Gas service, installation regulations re Damaging property B g P P ert
Y .... ........ . .. ... . 7-13
buildings ...... .. .......... . . . .. . 20-61 Flowers and containers,restrictions on ... 7-15
Numbering of buildings . . . . .... . . . ..... 18-31 et seq. Grave openings 7.4
See:STREETS AND SIDEWALKS
Interment ....... ..... ..... . ......... 7-7
Obstructing entrances ...... . . . . . ...... 18-5 Iron work and guy ropes. . ....... ....... 7.8
Occupant,tenant Lots
Definitions and rules of construction . . . . 1-2
OwnerGrade ......... . ....... ........... 7-6
Price and designation ..... . . ......... 7.3
Definitions and rules of construction . . . . 1-2 Sale ............. ....... . . ........ 7.2
Permits Monument restrictions 7-10
Fees . . ........ . . ........... . . . . . .. 6-27 ... . ............
Subdivision requirements for building S Plantings . . ...... ...... . ............Rubbish .. . ..... .. . .... . ............ 7-11-11
permits . ........ ........... . . . 19-8 Trust funds,investment in . ............ 7-14
Water reservoir, erecting buildings with- Vehicle speed,paths..... . .... .... ..... 7.12
out permit prohibited in zones A, B,
Visiting hours .. ...... . . ... . ... . ..... 7-16
and C .... .. ...... . . . .. . .. ..... 22-5 Water reservoir,interment requirements re . 22-8
Plumbing 16-1 et seq.
........ . ...... .. . . . ...... .
See:PLUMBING CERTIFICATES,CERTIFICATION
Signs City manager's duties ....... .......... 2.103
Historic buildings,designating . . . . . ... 6-164 Peddlers, solicitors, etc.,certificate of regi-
Regulations generally .. ..... . .. . . . . . 6-81 et seq. stration ....... . ...... ........... 1141 et seq.
See:SIGNS AND BILLBOARDS See: PEDDLERS, CANVASSERS AND
Streets and sidewalks, building materials SOLICITORS
on . . ....... . .......... . . . .. .... . 18-8 Zoning compliance certificates .. . . .. . . . . 23-32 et seq.
Subdivision requirements for buildings .. . 19-7 See:ZONING
Temporary signs for buildings under con-
struction .................. . . . .. . 6-163 CESSPOOLS
Tenant,occupant Water reservoir,waste disposal in ....... 22-6
Definitions and rules of construction . ... 1.2
Water reservoir, erecting buildings without CHARITABLE RAFFLES
permit prohibited in zones A,B,and C . 22-5 Rattle regulations generally .......... . . 4-26 et seq.
Zoning regulations generally ........ . . . 23-1 et seq. See:RAFFLES
See:ZONING CHICKENS
Animal regulations generally ........... 5-1 et seq.
BURIAL GROUNDS.See:CEMETERIES See:ANIMALS AND FOWL
BURNING CHURCHES
Open burning .... . .... . . . ...... . . .... 10-2 Alcoholic beverage establishments,prohib-
ited locations ...... ............... 3-29
C Obstructing entrances .. . . .. . .......... 18-5
Raffle regulations generally . . . ......... 4-26 et seq.
CANDIDATES.See:ELECTIONS See:RAFFLES
Signs identifying . . ....... ...... . . . . .. 6-123
CANVASSERS. See: PEDDLERS, CAN- CIRCUIT COURT
VASSERS AND SOLICITORS Definitions and rules of construction . .... 1-2
2151
SALEM CODE
CIRCUSES Section CIVIL DEFENSE.See:EMERGENCIES Section
Parks and recreation,commercial purposes CIVIL EMERGENCIES.See:EMERGENCIES
prohibited .. . . . ........... ....... 15-3
CITY CLERK.See:CITY CLERK
Definitions and rules of construction . . . . . 1-2 CLUBS
CITY CLERK Signs identifying .... .............. . . . 6.123
Freedom of information implementation,clerk CODE OF ORDINANCES"
designated record keeper ..... ...... 2-1 Acts punishable under different sections .. 1-19
Mayor's appointment ...... ............ 2-78 Amendments to Code .................. 1-5
CITY COUNCIL Definitions and rules of construction ... .. 1-2
Addressing meeting ........... . . ...... 2-34 Distribution of Code ........ . ..... . .. .. 1-14
Alcoholic beverage licenses, persons ineli- Effective date of ordinances............ . 1.11
gible for .. .... .... ....... ........ 3-28 Fines,disposition of...... ............. 1-18
Bond .. . ....._.......... .. ....... . . . 2-29 General policy for violation of Code; sepa-
-16
City manager's general duties re city council 2-92' rate offenses . . .. ....... ..... . . ... 1 1-4
Compensation ... ... .. . . . ........... . 2-28 Headings or captions . ... ............. . 1-4
Date elected municipal officials take office . 2-37 How Code designated and cited ... .. ..... 1-1
Definitions and rules of construction ... . . 1-2 Jurisdiction 1-3
Disturbingmeeting 2.36 Officers, employees not liable to fine for
g ' ' '''''' failure to perform duties ....... ... . . 1.15
General powers ......... . ..... ... . . . . 2-35
Interference with administrative service .. 2-33 Ordinances not affected by adoption of Code . 1.20
Mayor's reports to ...... .. . . ..... . . . . . 2-77 Publication of Code ...... .... ......... 1-12
Meetings 2.30
Publication of ordinances ........ . . .. .. 1-13
Oath and bond .. .... . . . . . . ....... . . . . 2-29 Record of ordinances . . . ........... .. . . 1-10
Order of business . . . . . . . . .... . . ...... . 2-32 Reference to penalty section of Code . ..... 1-17
Organization and powers ..... . . ... . . . . . 2-26 Repeal of ordinances,effect of... ........ 1-7
Presiding officer .. ......... ... . . .. .... 2-31 Seal and flag . . .... ......... ... . . ... .. 1-21
Subdivision final plat approval ..... . . . . . 19-37 Severability of parts of Code ......... . . . 1-8
Vacancies ..... . . ...... ...... . .... . .. 2.27 Supplementation of Code .. ....... ...... 1-6
Unauthorized alteration or tampering with
CITY LIMITS Code . . . . .. .. ...... .. ........... 1-9
Definitions and rules of construction ..... 1-2
COMBUSTIBLE LIQUIDS
CITY MANAGER Emergencies,mayor's powers re . ........ 8-58
Accounts .. ............. .. .... . . ..... 2-100
Acting manager ............. . ...... . . 2-105 COMMITTEES AND COMMISSIONS. See:
Annual budget ... . . .. . ......... . . . ... 2-98 DEPARTMENTS AND OTHER AGEN.
Appointment,oath,bond ............... 2-91 CIES OF CITY
Appropriation and levy .. . . . ..... . . .... 2.99
Authority relative to officers and depart- COMMUNITY DEVELOPMENT.See:PLAN.
menu 2-93 NING AND DEVELOPMENT
.... . . . . ............ ......
Bond ........ . . ........... .......... 2-91 COMPUTATION OF TIME
Certificates ....... .. . . ....... ....... 2-103 Definitions and rules of construction ..... 1-2
City council's general powers to select city
manager ................ . ..... 2-35 CONTAGIOUS DISEASES
Contracts .......... . ............. . . . 2-96 Alcoholic beverages,employees carrying con-
Departments and divisions .... ......... 2-95 tagious diseases ... . . ... .......... 3-4
Departments under ..... .. . .... ....I.. 2-236 CONTRACTS AND AGREEMENTS
Employees ................ . ..... . . . . 2-94
_ 2-92 City manager's duties re contracts ....... 2-96
General duty
Inventories,property 22-92 Emergency services and disaster agency
p P y "'••.. ........"' Agreements with other political sub-
Oath .............. .. . . . .... . .. ..... 2-91
2-104 divisions ..... ........... .. .. . . 8-30
Office Purchases and expenditures,contracts re 8-34
Publications ......... . . ........... .. . 2-102
Purchases .... . . . . ......... . ......... 2-97 *Note—The adoption,amendment,repeal,omissions,effec-
Records,certificates ... . . . . .... . . ...... 2-103 tive date,explanation of numbering system and other matters
CITY TREASURER pertaining to the use,construction and interpretation of this
Mayor's appointment....... .. ......... 2-78 Code are contained in the adopting ordinance and preface
which are to be found in the preliminary pages of this volume.
2152
1
C Kent City Council Meeting
�r
11� Date August 1 1989
11 Category Consent Calendar
,ram crrrn�r•rxRF�rm �rressa�r-- R. PARKS
S RITY PERSONNEL .
2 . SUMMARY STATEMENT: The Park,>Maintenance Division is
requesting a limited law enforcement commission for parking
violations only, for the Park Security staff. Duties would
include overtime, double parking, parking on the wrong side of
the street or in restricted areas. Passage of this t�,rdinance
would reduce the calls made to the Police Department to enforce
parking violations in the park system.
`
o.� ea tl- Secu r ` � n pit
Mrarrlir- har�c� p � Ji5i0� °�
-�-h e
3 . IBITS: Copy of proposed Ordinance is attached.
4 . RECOMMENDED BY: Park Department Park Committee Public Safety
Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REOUIRED: $N/A
SOURCE OF FUNDS: Funded in 1989 budget
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3I
i I
ii
.I
I:
i
i
�I ORDINANCE NO.
.I i
,I
AN ORDINANCE of the City of Kent,
;I Washington, creating the positions of Park
i, Security Officers within the Maintenance
Division of the Parks and Recreation Department;
.I prescribing the powers and duties of the
I positions; authorizing the security officers to
I
issue and serve parking citations and
j' complaints; and providing for the filing of
;I citations and complaints with the Clerk of the
Court or Traffic violation Bureau.
i.
II
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
I
II
Section 1. There is hereby created within the Park and
ii Recreation Department of the City of Kent positions designated as
':j Park Security Officers.
I'
i
II i
Section 2. The Parks Security Officers shall be selected
by and be under the supervision of the Director of Parks and
jRecreation Department and/or his or her designated representative.
! Section 3. The persons filling the position of Parks
i
Security Officer shall not be deemed to be a "law enforcement
officer" as that term is used in the Law Enforcement Officers and !
I� Firefighters Retirement System, nor shall the position be a
classified position within the Civil Service system of the City of
Kent.
I
II Section 4. DUTIES. The duties of the Parks Security
ij Offices shall include patrolling assigned areas of the City Parksl
II to detect violation of the city's parking and parks regulation, to
issue citations to violators of parking regulations, to note and
report unsafe and unsightly conditions within the parks, to
perform crowd control during special parks events, to provide
Ij information and assistance to citizens, to appear in court to
i
testify when so required, and to perform related work as assigned.
i
Section 5. POWERS. The city of Kent Chief of Police
shall issue to Park Security Officers a limited law enforcement
commission. The Parks Security Officers shall not have the power
of arrest, but shall have authority to issue and serve citations ,
and complaints for violation of City of Kent parking regulations;
provided, that a copy of any such complaint shall be filed with
the Clerk of the Court or Traffic Violations Bureau within 48
hours after its issuance.
Section 6. SALARY. The salary of the Parks Security
Officers shall be that amount determined by the City Council for
the balance of 1989 and that amount established in the annual Cit
Budget for subsequent years. For the balance of the 1989 calenda
year the monies to pay the salary shall come from the budget of
the Parks and Recreation Department Maintenance Division, Park
Security Program which was previously approved by the Kent City
Council, and included within the 1989 Park and Recreation
Department budget.
Section 7. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
DAN KELLEHER, MAYOR
ATTEST:
MARIE JENSEN, CITY CLERK
1
- 2
it
I
APPROVED AS TO FORM:
I
i
SANDRA DRISCOLL, CITY ATTORNEY
PASSED the day of , 1989. 1
APPROVED the day of 1989.
PUBLISHED the day of 1989.
I
I hereby certify that this is a true copy of Ordinance
No. passed by the City Council of the City of Kent, '
I
Washington, and approved by the Mayor of the City of ]Cent as hereon
indicated.
'I (SEAL)
MARIE JENSEN, CITY CLERK
II
II
I�
7340-260
- 3 -
II '
Kent City Council Meeting
Date August 1, 1989
Category Consent Calendar
1. SUBJECT: LID 327
2 . SUMMARY STATEMENT: Adoption of Ordinance A0 amending
Section 1 of Ordinance 2846, as previously amended by
Ordinance 2853 , correcting the amount of the final assessment
roll .
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION-
Council Agenda
Item No. 3J
1
CITY OF KENT, WASHINGTON
ORDINANCE NO.
AN ORDINANCE of the City of Kent, Washington,
relating to Local Improvement District No. 327;
amending Section 1 of Ordinance No. 2846, as
previously amended by Section 1 of Ordinance No.
2853; and ratifying and confirming all actions
heretofore and hereafter taken with respect to Local
Improvement District No. 327 and the bonds issued in
connection therewith.
WHEREAS, the final assessment roll for Local Improvement
District ("LID") No. 327 in the City of Kent, Washington (the
"City") , was filed with the City Clerk as required by law, and
duly noticed public hearings on such roll were held by the City
Council on March 21, 1989, April 4, 1989, and April 18, 1989; and
WHEREAS, the City Council, at the continued public hearing
on April 18, 1989, determined to exclude from such roll
Assessments Nos. 47 and 63, reducing the amount of the final
assessment roll to $2,462,730. 67; and
WHEREAS, Ordinance No. 2846, passed by the City Council on
May 2, 1989, approved and confirmed the final assessment roll,
excluding Assessments Nos. 47 and 63, in the amount of
$4,733,748.36, which amount was inadvertently inserted in the
ordinance and represents the total cost of the improvements
within LID No. 327 instead of the modified assessment roll
amount, and provided that the assessments were payable in ten
equal annual installments; and
WHEREAS, Ordinance No. 2853, passed by the City Council on
July 5, 1989, amended Ordinance No. 2846 to provide that the
assessments in LID No. 327 are payable in twenty equal annual
installments; and
WHEREAS, the City Council, by Ordinance No. 2859, passed on
July 18, 1989, provided for the sale and delivery of LID No. 327
bonds in the total amount of $2,296,074.47, which amount was
based on the correct modified final assessment roll, less
prepaid assessments; and
WHEREAS, the City Council finds that the amount of the
final assessment roll as stated in Ordinance No. 2846 should be
corrected in connection with the issuance of the LID No. 327
bonds; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
ORDAIN as follows :
Section 1. Section 1 of Ordinance No. 2846, as previously
amended by Section 1 of Ordinance No. 2853, is amended to read
as follows :
Section 1. The assessments and assessment roll
of Local Improvement District 327 which has been
created and established for the purposes of widening
and improving West Valley Highway from South 212th
Street to West James Street, the installation of a
sidewalk on South 220th Street from West Valley
Highway to the east side of 72nd Avenue South, and
the construction of a sanitary sewer line on the west
side of West Valley Highway from a point
approximately 275 feet north of southwest corner of
Section 12, Range 22, Township 4 East, W.M. , to a
point approximately 150 feet north thereof, all in
accordance with Ordinance 2761 be and the same is
hereby in all things and respects approved and con-
firmed in the amount of $-474337348-346- $2,462,730.67.
Section 2. All actions of the City and the City
Council heretofore or hereafter taken with respect to LID
No. 327 and the bonds issued in connection therewith are
ratified and confirmed.
- 2 -
Section 3. 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
ATTEST:
MARIE JENSEN, City Clerk
APPROVED AS TO FORM:
SAND RA DRISCOLL, City Attorney
Passed the day of 1989.
Approved the day of 1989.
Published the day of 1989.
I certify this is a true copy of Ordinance No. passed
by the City Council of the City of Kent, Washington, and ap—
proved by the Mayor of the City of Kent as hereon indicated.
(SEAL)
MARIE JENSEN, City Clerk
4378k
3 —
__
�V("�(�c Kent City Council Meeting
t,�Y� ! ( Date August 1, 1989
hr, Category Other Business
1. SUBJECT: SALMON ENHANCEMENT PROGRAM.-
2 . SUMMARY STATEMENT: The City has been contacted by a
volunteer working for the Kent School District requesting
support for Salmon Enhancement Program for several of the
elementary schools in the Kent School District. Kent's support
would be the purchase of tanks and related equipment at a cost
of $866 each. These tanks would be placed in the elementary
schools, salmon eggs obtained from the Department of Fisheries
would be placed in the tanks and the fry would be released into
streams in the surrounding that have been approved by the
Department of Fisheries.
The original request was for five schools, only two of which
(,/dwwar-e within Kent City limits or our water franchise boundary.
After discussing the program with the Chair of the Public Works
Committee and Director of Public Works and City Attorney, it was
determined the program funded by Kent should be placed in
schools either in our city limits or within Kent's water or
sewer franchise boundary area. Four schools have been
identified0meeting that criteria - Scenic Hill Elementary, Pine
Tree Elementary, East Hill Elementary and Kent Elementary.
There is a limited amount of funding available ($5, 000) for such
a program in the Salmon Enhancement Project Fund.
The schools would like to make this an ongoing program,
expanding it to other schools in future years and have requested
consideration be given for support for an expanded program.
3 . E IBITS: Copy the equest from the Kent S ool istrict
vo unteer
4 . RE OMMENDED
Committe , Staff, Exa 'ner, Commissio , etc. )
5. UN UDGETE FISCAL PERSONN IMPACT: NO YES
F CAL P SONNEL NOTE: Rec mmended Not Recomm nded
6 . E ENDI RE UIRED: $3 7 86 x 4 plus tax
SCJRCE OF FUNDS: Salmon Enh nce nt Fund
7 . CI NY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
Approval to fund he purchase of tanks and necessary equipment
at a cost of $866 each for Salmon Enhancement Program for Scenic
Hill Elementary, Pine Tree Elementary, East Hill Elementary and
Kent Elementary
DISCUSSION•
ACTION•
Council Agenda
Item No. 4A
12810 SE 202nd Place
Kent , WA 98031
July 12 , 1989
Kent City Council
220 Fourth Avenue S .
Kent , WA 98032
Dear Council^embers ,
An educational opportunit;! is available to the ]Cent School District
in retards to the environment , social responsibility to our streams
and salmon.
d
It entails the purchase and set-up of an aquarium , acquiring_.• and
hatching of salmon err
gs and releasing the fry into the streams of
the surrounding; area. The subject matter that could he covered
in relation to this small tank is endless - ra.nrinr from spawnina.
and hatching of the salmon to rore:;try , pollution , international
relations; and thus could cover social studies , mathemathics,
algebra , reading , science , sex ed , reolory , music , history , and
art .
Six elementary schools have reouested my assistance in obtaining
funding for the tanks . To date , Kin,rT County Surface Water
Management has funded the tank for Meridian Elementary . This leaves
Jenkins Creek , Pine Tree , Scenic I?ill , Sprinr Glen and Springbrook
E:lementnry Schools . A:; this will ho an on-roinr project: for all
Of the schools , two plan on possibly raisin« trout and releasing;
them, lle will he workinf, vrith the Depa.rtmentsof Fisheries and Ecology ,
Kinc; County Sili1 , Parks and Natural Resources , Green River Community
College and the University of '4ashinr7ton , and numerous other
orra.nizations and people .
The costs for a. tank come to a total. of $866 . The price includes
. 120 for the plexlp•lass ';r-ra1 , tanl•,- , $ 01 for a refrir-cration unit
Co 1•oep the :•,atar• cool , rc't• I'J l.terinj- :;t ,mr , 1nQ the balance J n
pumr,s , •F :,t; l: ltn , ::i.liion:. , eLc . The price o:
tubinr , cl,emicrils , , ' iBf,,1,,
times five schools comes t.o
If you can find your way clear to fund the tanks , you will be
rewarded a hundred fold in the knowledge you have riven thousands of
students the opportunity to learn first-hand about the environment .
Looking; forward to a positive repl,,, ,
Sincerely ,
Plandi 1•leaver
I_ N"
Kent City Council Meeting
Date August 1, 1989
Category Other Business
1. SUBJECT: FEMA ORDINANCE
2 . SUMMARY STATEMENT: This ordinance has been prepared adopting
the updated floodplains study and maps developed by Federal
Emergency Management Agency (FEMA) . FEMA requires that the City
adopt their study related to these revised maps. Not doing so
would suspend this community from the National Flood Insurance
Program thereby eliminating the availability of flood insurance
for development in the area. The Public Works Department at
their May 23 , 1989 meeting recommended adoption of the ordinance.
3 . EXHIBITS: Excerpt from the May 23 Public Works /17and
meeting, memo from Director of Public Works date
proposed ordinance
4 . RECOMMENDED BY:
(Committee, Staff, Examiner, Commiss ' on, etc. )
5 . UNBUDGETED FISCAL PERSONNEL IMP CT: NO YES
FISCAL/PERSONNEL NOTE: Recomm ded Not Recommended
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION: 5�/ 1
Councilmember " move, -- O(Wseconds
Ordinance No.--9 9l ! opting the FEMA study and revised maps be
adopted. (,L)®.ojn ge�onc'ec1_ MO4 ;a� Card ?e� •
DISCUSSION•
ACTION• f
Council Agenda
Item No. 4B
DEPARTMENT OF PUBLIC WORKS
May 17, 1989
TO: Public Works Comipittee
FROM: Don Wickstrom� \1
RE: FEMA Ordinance
Federal Emergency Management Agency (FEMA) has updated their flood
plain maps for the Valley. In conjunction they require we adopt
their study related to these revised maps. Not doing so would be
detrimental to both existing and new development as flood insurance
would not be available which is a prerequisite to financing or
refinancing. Basically, the map revisions affect two areas
1) along Mill Creek between Earthworks Park & SR 167, and 2) west
side of South Central Avenue between 259th Street and 266th Street.
The Mill Creek area is a plus while the South Central Avenue is a
negative (maps will be presented at the meeting) .
FEMA dictates what the City ordinance adopting their regulations
should contain. A draft ordinance was reviewed and approved by
FEMA subject to a few minor revisions. Those proposed changes have
been made in the ordinance, a copy of which is attached. Adoption
of this ordinance by September 30, 1989 is required to keep us in
compliance with FEMA regulations.
PUBLIC WORKS COMMITTEE
MAY 23 , 1989
PRESENT: JON JOHNSON BILL WILLIAMSON ' ` 1�J .D
7
JUDY WOODS MARTIN NIZLEK ��
BERNE BITEMAN DAN STROH 9 7989
DON WICKSTROM MIMI CASTILLO
ED CHOW JOHN MARCHIONE fief
JIM HANSEN CAROL STONER 'A .
.
GARY GILL MAUREEN MACNAMARA ��eY
VACATION OF 3RD AVENUE SOUTH
Jim Hansen showed a sketch of the proposed Centennial
Building. as it demonstrates the need for the vacation of 3rd.
He reported negotiations between the developer and the church
have been completed. It is anticipated an amended agreement will
be before Council in June. The vacation would be contingent upon
the actual transfer of title of the property from the City to the
developer. Hansen suggested the motion to vacate the street
be worded such that it is contingent upon the actual transfer
of title. Biteman so moved. The Committee unanimously
recommended approval of the vacation contingent upon transfer
of title of the property. It was clarified that a resolution
would be brought before the Council setting a date for a public
hearing on the vacation prior to adoption of an ordinance.
SURVEY RESULTS - FRAGER ROAD
Marty Nizlek summarized the results of the survey that was mailed
to the property owners. Eighteen questionnaires were
distributed - nine were returned. None of those responding
have been cited for any traffic violation in the area. A range of
trips from 1 per day to 65 trips per day from O'Brien Nursery. The
average would be 10 per day. Nearly half requested the
restrictions be continued as they are currently. There was
a request for increased enforcement. Nizlek recommended the
present hours of restriction be retained, the signing be
modified to eliminate any possible confusion and he would like
to review other options further. Woods moved to accept the
recommendations and that the other options developed by Nizlek be
brought back before the Committee at a later time. The Committee
concurred.
FEMA ORDINANCE
Wickstrom explained FEMA did a flood plain analysis in 1987
concentrating on the Green River addressing overtopping versus
internal drainage which was addressed in their 1981 study. The
changes affect the Mill Creek between Earthworks Park and SR 167
where they reduced the floodway to parallel the creek and the
west side of South Central between 259th Street and 266th
showing an inundation area from Pay-N-Pak down to 266th on the east
side as a floodway fringe area. An ordinance has been developed
adopting the new regulations and FEMA has approved our draft.
It was clarified that we have no option but to adopt their
findings otherwise there would no flood insurance for new
development or refinancing of existing developments. Woods moved
to recommend adoption of the ordinance. The Committee
concurred.
ENVIRONMENTAL COMMITTEE RECOMMENDATIONS
Carol Stoner distributed a report from her Task Force. (copy
attached) Two actions were taken at the April 27 meeting of the
Task Force. One was to support the proposal that LID 330 be
segregated into two parts to allow work to proceed on the part
of the LID that has no impact on the lagoon. She continued that
the taek force had several options - one was to hold the
project hostage until it was clear what the mitigation was going
to be. Another was to not act at all . In the middle of these
two was to segregate the LID into two parts to construct now the
area south of 228th and another was to segregate the LID into two
parts that included south of 228th and the area adjacent to the
Homecourt/UP property between 216th and 212th. The Task Force
opted for the latter recommendation because they felt it was
appropriate for the project to move on. However, they were not
implying future approval of the road alignment adjacent to the
lagoon. Carol stated she thought this was a worst case scenario.
She commented she did not see the effects of that road not being
able to be mitigated. The other action was to look at the model
boating issue. The model boaters will be allowed to continue
using the lagoon until a contract is let for some type of major
construction work on the lagoon. Another item Carol stated she
would like to clarify is the role of the Task Force versus the
SEPA process. The Task Force is not part of the SEPA process.
The role of the Task Force is to gather the information to make
recommendations on wild life habitat in that area. Woods asked
how many meetings of the Task Force have been held. Stoner
responded there have been five or six meetings. and further
clarified they have received input from several areas. Biteman
asked what portion of the project was to be paid for by the
property owners. Wickstrom indicated approximately 84% . Biteman
stated that what he was getting at was that he doubted if the
property owners would have any incentive to proceed with the
project if they felt a portion of it would not be constructed.
Carol Stoner reiterated she felt the project could be mitigated
but the Task Force did not want to put their stamp of approval
on something they don't have all the information on. Biteman
stated he is concerned that with transportation a number one
priority of the Council that a roadblock is developing for this
project. Carol stated that also part of the delay is because of
Other Business Item 4B - FEMA Ordinance
Copies of this ordinance will be distributed at
the Council meeting on August 1 .
Kent City Council Meeting
Date August 1, 1989
Category Other Business
1. SUBJECT: LID 330 - 64TH AVENUE IMPROVEMENTS
2 . SUMMARY STATEMENT: The public hearing on formation of this
LID was opened and closed on March 7, 1989. Adoption of the
ordinance was delayed until such time as the mitigation issues
surrounding the properties fronting the lagoon were determined.
In order to proceed with construction of the project during this
construction season, authorization was given to segregate out
that portion of LID 330 lying between So. 226th and So. 216th
streets and proceed with the improvements of the remaining
portions between Meeker St. and So. 212th St. On July 11 a DNS
was issued for the revised LID 330 project. It is recommended
that Ordinance No. U(e(Q_ be adopted forming LID 330.
3 . EXHIBITS: Copy of DNS, ordinance
4 . RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION: ^� ,, ,� /
Councilmember moves, Councilmember seconds
Ordinance No. "'-(4(�2 forming LID 330-64th Avenue improvements be
adopted
DISCUSSION:
ACTION•
Council Agenda
Item No. 4C
,ate
CITY OF RENT
DETERMINATION OF NONSIGNIFICANCE
Environmental Checklist No. #ENV-89-53 Project 64TH AVENUE STREET
IMPROVEMENT PROJECT
Description Proposal for construction and improvement of 64th Avenue S.
The project also includes sanitary sewer and water line
installation and construction of an open drainage channel.
Location Area runs from W. Smith Street to S 228th Street and from S
216th Street to S. 212th Street.
Applicant City of Kent CITY OF KENT
Engineering Department
220 S. 4th Ave, S. JUL 1 1 1989
Kent, WA 98032
ENGINEERING DEPL
Lead Agency City of Kent
The lead agency for this proposal has determined that it does not have a
probable significant adverse impact on the environment. An environmental
impact statement (EIS) is not required under RCW 43.21C.030(2) (c) . This
decision was made after review of a completed environmental checklist and
other information on file with the lead agency. This Determination of
Nonsignificance is specifically conditioned on compliance with the
conditions and mitigating measures described below. This information is
available to the public on request.
There is no comment period for this DNS.
r
X This DNS is issued under 197-11-340(2) ; the lead agency will
not act on this proposal for 15 days from the date below. Comments must be
submitted by July 26, 1989
y
Responsible Official James P. Harris b
Position/Title _Planning Director s
Address 220 S. Fourth Avenue Kent W 8032 Tel hone: 859-3390
Dated July 11, 1989 Signaturgpeali
Questions regarding procedures for a this agency decision may be
directed to the Responsible Official.
CONDITIONS/MITIGATING MEASURES `
1. Dust abatement shall take place during construction (sprinkling and
other effective measures) .
2. An assessment of the adequacy of catch basins, oil traps, and
drainage channel vegetation to control contaminant loads is
V
necessary. t
E
3. Control of silt loading to Mill Creek and existing drainage ditches E
during drainage channel and road construction. j
I
4. Revegetation of drainage channel banks shall be done with vegetation
commensurate with those plantings in the existing ditch just north
of S. 228th (to provide for wildlife habitat and to filter
contaminants) .
5. Between the months of February and July, no construction activity
shall take place within 500 feet of the existing Red-Tailed Hawks
nest. 1
6. If the tree containing the Hawks nest is to be removed after July,
every effort shall be made to relocate the nest using best methods
possible.
Determination of Nonsignificance
#ENV-89-53
Page 2
7. A tree plan shall be required prior to removal of any trees that are
6 inches in caliper or greater.
8. Diversion channels shall be constructed to accommodate existing water
flows and fish while new channels are being constructed or, existing
channels shall not be filled until the new channels can be utilized.
I
I
CITY OF KENT, WASHINGTON
ORDINANCE NO.
AN ORDINANCE ordering street, sanitary sewer and
water main improvements on 64th Avenue South from
Meeker Street to South 212th Street within the City,
all in accordance with Resolution No. 1192 of the
City Council; establishing Local Improvement District
No. 330 and ordering the carrying out of the proposed
improvement; providing that payment for the
improvement be made by special assessments upon the
property in the District, payable by the mode of
..payment by bonds"; and providing for the issuance
and sale of local improvement district warrants
redeemable in cash or other short-term financing and
local improvement district bonds.
WHEREAS, by Resolution No. 1192 adopted February 7, 1989,
the City Council declared its intention to order street,
sanitary sewer and water main improvements on 64th Avenue South
from Meeker Street to South 212th Street within the City, and
" fixed March 7, 1989, at 7:00 p.m. , local time, in the Council
Chambers of the City Hall as the time and place for hearing all
matters relating to the proposed improvement and all objections
thereto and for determining the method of payment for the
improvement; and
WHEREAS, Director of Public Works caused an estimate to be
made of the cost and expense of the proposed improvement and
certified that estimate to the City Council, together with all
papers and information in his possession touching the proposed
improvement, a description of the boundaries of the proposed
local improvement district and a statement of what portion of
the cost and expense of the improvement should be borne by the
property within the proposed district; and
WHEREAS, that estimate is accompanied by a diagram of the
proposed improvement showing thereon the lots, tracts, parcels
of land, and other property which will be specially benefited by
the proposed improvement and the estimated cost and expense
thereof to be borne by each lot, tract and parcel of land or
other property; and
WHEREAS, due notice of the above hearing was given in the
manner provided by law, and the hearing was held by the City
Council on the date and at the time above mentioned, and no
objections to the proposed improvement were received, and all
persons appearing at such hearing and wishing to be heard were
heard; and
WHEREAS, the City Council has determined it to be in the
best interests of the City that the improvement as hereinafter
described be carried out and that a local improvement district
be created in connection therewith; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
ORDAIN as follows:
Section 1 . The City Council of the City of Kent,
Washington (the "City") , orders the construction of street,
sanitary sewer and water main improvements on 64th Avenue South
from Meeker Street to South 212th Street within the City, as
more fully described in Exhibit A attached hereto and by this
reference incorporated herein.
All of the foregoing shall be in accordance with the plans
and specifications therefor prepared by the Director of Public
Works of the City and may be modified by the City Council as
long as such modification does not affect the purpose of the
improvement.
Section 2. There is created and established a local
improvement district to be called Local Improvement District No.
330 of the City of Kent, Washington (the "District") , the
boundaries or territorial extent of the District being more
particularly described in Exhibit B attached hereto and by this
reference incorporated herein.
2 -
Section 3. The total estimated cost and expense of the
improvement is declared to be $6,902,696.80. The entire cost
and expense shall be borne by and assessed against the property
specially benefited by such improvement included in the District
which embraces as nearly as practicable all property specially
benefited by such improvement.
Section 4. In accordance with the provisions of RCW
35.44.047, the City may use any method or combination of methods
to compute assessments which may be deemed to fairly reflect the
special benefits to the properties being assessed.
Section 5. Local improvement district warrants may be
issued in payment of the cost and expense of the improvement
herein ordered to be assessed, such warrants to be paid out of
the Local Improvement Fund, District No. 330, hereinafter
created and referred to as the Local Improvement Fund, and,
until the bonds referred to in this section are issued and
delivered to the purchaser thereof, to bear interest from the
date thereof at a rate to be established hereafter by the City
Finance Director or his designee, as issuing officer, and to be
redeemed in cash and/or by local improvement district bonds
herein authorized to be issued, such interest-bearing warrants
to be hereafter referred to as "revenue warrants." In the
alternative, the City hereafter may provide by ordinance for the
issuance of other short-term obligations pursuant to Chapter
39.50 RCW.
The City is authorized to issue local improvement district
bonds for the District which shall bear interest at a rate and
be payable on or before a date to be hereafter fixed by
ordinance. The bonds shall be issued in exchange for and/or in
redemption of any and all revenue warrants issued hereunder or
other short-term obligations hereafter authorized and not
redeemed in cash within twenty days after the expiration of the
- 3 -
thirty-day period for the cash payment without interest of
assessments on the assessment roll for the District. The bonds
shall be redeemed by the collection of special assessments to be
levied and assessed against the property within the District,
payable in annual installments, with interest at a rate to be
hereafter fixed by ordinance under the mode of "payment by
bonds," as defined by law and the ordinances of the City. The
exact form, amount, date, interest rate and denominations of
such bonds hereafter shall be fixed by ordinance of the City
Council. Such bonds shall be sold in such manner as the City
Council hereafter shall determine.
Section 6. In all cases where the work necessary to be
done in connection with the making of such improvement is
carried out pursuant to contract upon competitive bids (and the
City shall have and reserves the right to reject any and all
bids) , the call for bids shall include a statement that payment
for such work will be made in cash warrants drawn upon the Local
Improvement Fund.
Section 7. The Local Improvement Fund for the District is
created and established in the office of the City Finance
Director. The proceeds from the sale of revenue warrants or
other short-term obligations drawn against the fund which may be
issued and sold by the City and the collections of special
assessments, interest and penalties thereon shall be deposited
in the Local Improvement Fund. Cash warrants to the contractor
or contractors in payment for the work to be done by them in
connection with the improvement and cash warrants in payment for
all other items of expense in connection with the improvement
shall be issued against the Local Improvement Fund.
Section 8. Within fifteen (15) days of the passage of this
ordinance there shall be filed with the City Finance Director
the title of the improvement and District number, a copy of the
- 4 -
diagram or print showing the boundaries of the District and the
preliminary assessment roll or abstract of such roll showing
thereon the lots, tracts and parcels of land that will be
specially benefited thereby and the estimated cost and expense
of such improvement to be borne by each lot, tract or parcel of
land. The City Finance Director immediately shall post the
proposed assessment roll upon his index of local improvement
assessments against the properties-affected by the local
improvement.
Section 9. 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
ATTEST:
MARIE JENSEN, City Clerk
APPROVED AS TO FORM:
SANDRA DRISCOLL, City Attorney
Passed the day of 1989.
Approved the day of 1989.
Published the day of 1989.
I certify this is a true copy of Ordinance No. passed
by the City Council of the City of Kent, Washington, and
approved by the Mayor of the City of Kent as hereon indicated.
(SEAL)
MARIE JENSEN, City Clerk
4212k
5 -
EXHIBIT A
L. I. D. 330
64TH AVENUE STREET IMPROVEMENTS
MEEKER STREET TO S . 212TH STREET
ROADWAY IMPROVEMENTS
The project is the construction of a new roadway with two lanes in
each direction. Also included are left turn pockets at
intersections, storm drainage, curb and gutter, sidewalks, street
trees, illumination and channelization. Between the left turn
pockets a center two way left turn lane will be installed in
certain area and a landscaped median shall be installed in other
areas.
The project limits are from James Street north to S. 228th Street
and from S . 216th Street to S . 212th Street. The existing roadway
between Smith Street and James Street shall also be widened and
improved to the above standards. Traffic signals shall be
installed on 64th Avenue at the intersections of Meeker Street,
James Street, S . 228th Street and S. 212th Street.
SANITARY SEWER IMPROVEMENTS
As part of the project, an 8" sanitary sewer system will be
installed in 64th Avenue South within the project limits. Sewer
stubs will be extended to the adjacent properties.
The sewer mainline is already existing north of S. 216th Street.
Therefore, in this portion of the project the sanitary improvement
consists only of stub installation.
WATER MAIN IMPROVEMENTS
As part of the project a 12" water main will be installed in 64th
Avenue South within the project limits except south of S. 236th
Street. Stubs to adjacent properties and fire hydrants shall also
be installed.
EXHIBIT B
LID #330 BOUNDARY DESCRIPTION
fe/a
DATED THIS day of Oanuary-1989
REVISED
REVISED
Those portions of Sections 11 , 14, 23 and 26 in Township 22 No. Range 4 E.W.M.
including therein all Land Donation Claims and all unrecorded and/or recorded
plats described as follows:
Lot 8, Meekers Supplemental Plat First Addition to Kent less portions for
public right of way; AND
Lot 3, The Lakes Short Plat, Division No. 2, #SPC 86-21 , Recording No.
8706041575; AND ALSO
Lot 1 , Meekers Supplemental Plat First Addition to Kent less portions for
public right of way and less portion for Drainage District #1 ; AND ALSO
Portion of Sec. 14, Twn. 22 N, Rg 4 E (Tax Lot #030)
Beginning South 01 °14 '23" West 417.2 feet from Northeast corner of Northwest
1 /4 of Southeast 1 /4; thence North 88°40'56" West 880.15 feet; thence South
01 °14 '38" West 905.40 feet; thence South 88°43 '27" East to Southeast corner of
Northwest 1/4 of Southeast 1 /4; thence Northeasterly 904.73 feet to beginning
less West 192.44 feet thereof less portions for public right of way; AND ALSO
Portion of Neely DA-DC #37 and Sec. 14, Twn. 22N, Rg 4 E, defined as follows:
Beginning at stone monument at center of said section 14; thence South
88°37'40" East 1315.72 feet to concrete monument; thence South 01 °20'09" West
415.57 feet to concrete monument; thence North 88°38'10" West 1314.53 feet to
concrete monument; thence South 01 °27'38" West 573.96 feet to concrete
monument; thence North 88°40'13" West 1836.01 feet; thence North 02°26'07"
East 1144.96 feet; thence South 88013123" East 428.97 feet; thence along left
curve radius 1176.28 feet thru central angle of 21 °07'37" AN ARC distance of
433.74 feet; thence North 70°39'00" East 1025.69 feet to East Line of
Government Lot South of said section 14; thence South 01014'14" West along
said East line 589.65 feet to point of beginning less street less portion
within plat of the Lakes at Kent Division No. 1 less East 100 feet thereof and
EXCEPT that portion lying southerly and westerly of the new boundary line
which said new line is described as Parcel A in Kent's Lot Line Adjustment
88-29 as recorded under King County Auditors file #8811141040; AND ALSO
Portion of Sec. 14, Twn. 22 N , Rg 4 E (Tax Lot #16)
Northeast 1/4 of Southeast 1/4 less County Road less Drainage District #1 ; AND
ALSO
Portion of Sec. 14, Twn. 22 N, Rg 4 E (Tax Lot #7)
West 1290 feet of Southeast 1/4 of Northeast 1/4 less North 229 feet of East
194 feet thereof less portions for public right of way; AND ALSO
Portion of Sec. 14, Twn. 22 N, Rg 4 E (Tax Lot #5)
Southwest 1 /4 of Northeast 1 /4 Southeasterly of County Road less, portions for
public right of way; AND ALSO
Northwest Business Park, Phase I , Block 1 , Lot 1 , together with East 300 feet
of KenttlotalineaadjustmentgapprovedSouth lne thereof, also 9-24-85, Recordingnown as portion No. 8509301130;o City
AND
ALSO
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #26)
Southwest 1/4 of Southeast 1/4 less ditch less portion lying South of line
running from point on East line of said subdivision 500 feet North of
Southeast corner to point on West line 280 feet North of Southwest corner less
portions for public right of way; AND ALSO
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #25)
Northwest 1 /4 of Southeast 1 /4 less South 470 feet of North 500 feet of West
168.82 feet of East 208.82 feet less ditch and portions for public right of
way; AND ALSO
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #27)
South 1 /2 of Southeast 1/4 of Southeast 1/4 less North 319 feet less streets ;
AND ALSO
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Portion N.D.C. Lot #18)
That portion of the South 1 /2 of said section lying southerly of the following
described line. BAAP 500.00 feet north of the Southeast corner of the
Southwest 1/4 of the Southeast 1/4 being the True Point of Beginning of line
herein described. THENCE in a southwesterly direction in a straight line to a
point on the East line of the David A. Neely Donation Claim which point lies
155.00 feet north of the South line of said section being the terminus of line
herein described. EXCEPT that portion lying within the plat of Northwest
Business Park Phase I in Vol . 128, pg. 58 thru 61 in King County, Washington
AND the North 319.00 feet of the South 1/2 of the Southeast 1 /4 of the
Southeast 1 /4 in said section. EXCEPT the North 159.00 feet of the East
573.00 feet AND EXCEPT the North 219.00 feet of said South 1/2 lying west of
said East 573.00 feet AND ALSO EXCEPT any portions thereof lying within public
right-of-way; AND ALSO
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #45)
South 265.46 feet of North 3/4 of West 1/2 of East 1/2 of Southeast 1/4 less
street; AND ALSO
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #44)
North 264 feet of South 529.46 feet of North 3/4 of East 1/2 of Southeast 1/4
less East 650 feet less West 40 feet for County Road; AND ALSO
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #43)
North 396 feet of South 924 feet of North 3/4 of West 1 /2 of East 1 /2 of
Southeast 1 /4 less street; AND ALSO
- 2 -
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #42)
North 132 feet of South 1056 feet of North 3/4 of West 1/2 of East 1 /2 of
Southeast 1/4 less street; AND ALSO
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #24)
North 396 feet of South 1452 feet of North 3/4 of West 1/2 of East 1/2 of
Southeast 1/4 less street less portion beginning at a point on East line of
West 1/2 of East 1 /2 of said section which point lies 2116.70 feet North of
South line of said Southeast 1 /4 being True Point of Beginning; thence North
89°57'50" West 620 feet to a point on East right of way line of 64th Ave.
South ; thence South along said right of way line 100 feet; thence South
89°57'50" East to a point which lies 170 feet west of East line of said West
1 /2; thence Southeasterly to a point on East line thereof which point lies 170
feet south of True Point of Beginning; thence north along East line thereof
170 feet to True Point of Beginning; AND ALSO
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #40)
North 544 feet more or less of West 1 /2 of Northeast 1/4 of Southeast 1 /4 less
street; AND ALSO
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #66)
North 500 feet of East 208.82 feet of West 1/2 of Southeast 1/4 less North 30
feet and less East 40 feet; AND ALSO
Lot 7, Greenriver Square One, SP-88-6, Recording No. 8812020383; AND ALSO
Lot 1 , Greenriver Square One, SP-88-6 Recording No. 8812020383; AND ALSO
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #5)
Portion of Government Lot 2 and Southwest 1/4 of Northeast 1 /4 defined as
follows: Beginning at Southwest corner of said Government Lot; thence North
818.40 feet to East bank of Green River; thence along East bank N 30°00 '00"
East 204.60 feet; thence East 2538.36 feet; thence South 995.28 feet to South
line of said Southwest 1/4 of Northeast 1/4; thence West 2640 feet to point of
beginning less Easterly 100 feet less road less drainage ditch; AND ALSO
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #32)
Beginning 995.28 feet North and 1331 .88 feet West of East 1 /4 corner; thence
West 895.3 feet to East line of Drainage District right-of-way; thence
Northeast along said ditch 359.2 feet to South line County Road; thence along
said line North 89100 '00" East 285.10 feet; thence South 86°45 '00" East 479.5
feet; thence South 298.32 feet to beginning less streets less East 100 feet
(includes vacated street) ; AND ALSO
Northwest Business Park, Phase I , Block 1 , Lot 2, together with West 300 feet
of East 600 feet of Tract E as measured along south line thereof, also known
as portion of City of Kent lot line adjustment approved 9-24-85, Recording No.
8509301130; AND ALSO
- 3 -
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #59)
The North 219.00 feet of the 22South
Range/4 East the
4lMSEXCEPTsthe/East 573.00 of the ufeetst
1 /4 of Section 11 , Township
thereof AND EXCEPT any portions thereof lying within the public right-of-way;
AND ALSO
That portion of Sec. 11 , Twn. 22 N, Rg 4 E lying North of South 212th Street,
West of West Valley Highway and East of Russell Road; AND ALSO
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #41 )
North 414.16 feet more or less of East 1/2 of East 1/2 of Southeast 1/4 less
streets; AND ALSO
Portion of Sec. 11 , Twn. 22 N, Rg 4 E (Tax Lot #33)
Beginning 30 feet West and 660 feet South of Northeast corner
of 630 uth eaThence
st
1 /4; thence West 630 feet; thence North 264 feet; Thence
South 264 feet to beginning less streets; AND ALSO
Lot 3, Block 1
Northwest Business Park - Phase I Lot 3 Together with portion of Tract E lying
West of West Line of East 600 feet of said Tract E and Northerly and Easterly
of Center Line of a railroad right-of-way easement and East of a line that
runs from North line of Tract E to Center Line of said railroad right-of-way
easement and is 50 feet more or less East of West line of Lot 5 produced
Northerly to Northerly line of Tract E as measured along Northerly line
Tract E also known as Portion of City of Kent Lot line adjustment; approved
9/24/85 Record No. 8509301130; AND ALSO
Lot 4, Block 1
Northwest Business Park - Phase I , Lot 4 together with portion of Tract E
lying Southerly of center line of railroad right-of-way easement and East of
Northerly produced of West -24-85 Recordnown as No. 8509301130;oANDiALSOty f
Kent lot line adjustment; approved 9
Lot 5, Block 1
Northwest Business Park - Phase I, Lot 5 together with portion of Tract E
lying Southerly of center line of railroad right-of-way easement and West of a
line that extends South from Northerly line of Tract E to center line of
railroad right-of-way easement and is 50 feet more or less East of West line
of Lot 5 produced Northerly to Northerly line of Tract E as measured along
of
Northerly line ofTra9t24-85sRecordnNo. 8509301130;as portion ofCit AND ALSOent Lot line
adjustment; approved
Lot 6, Block 1
Northwest Business Park - Phase I Lot 6 together with West 197.4 feet of Tract
E as measured along Southlinne9thereof-24-85 RecordoNknoo. 8nasportion o fACity of Kent
Lot line adjustment; approved
Lot 7, Block 1
Northwest Business Park - Phase I ; AND ALSO
- 4 -
Lot 8, Block 1 .
Northwest Business- Park - Phase I; AND ALSO
Lot 9, Black 1
Northwest Business Park - Phase I; AND ALSO
Lot 13, Block 2
Northwest Business Park - Phase I; AND ALSO
Lot 12, Block 2
Northwest Business Park - Phase I; AND ALSO
Lot 11 , Block 2
Northwest Business Park - Phase I; AND ALSO
Lot 10, Block 2
Northwest Business Park - Phase I; AND ALSO
Lot 9, Block 2
Northwest Business Park - Phase I; AND ALSO
Lot 8, Block 2
Northwest Business Park - Phase I; AND ALSO
Lot 7, Block 2
Northwest Business Park - Phase I; AND ALSO
Lot 6, Block 2
Northwest Business Park - Phase I
Together with West 39.32 feet of Lot 5 per lot line adjustment; AND ALSO
Lot 5, Block 2
Northwest Business Park - Phase I
Except the West 39.32 feet thereof per lot line adjustment; AND ALSO
Lot 4, Block 2
Northwest Business Park - Phase I; AND ALSO
Lot 3, Block 2
Northwest Business Park - Phase I; AND ALSO
Lot 2, Block 2
Northwest Business Park - Phase I; AND ALSO
Lot 1 , Block 2
Northwest Business Park - Phase I; AND ALSO
- 5 -
1
f
Portion of Sec. 14, Twn. 22, Rg 4 E (Tax Lot #35)
Portion of North 1 /2 defined as follows: Beginning at Northeast corner said
section thence along North line thereof North 89°11 '24" West 1465.43 feet;
thence South 00150'46" West 721 .62 feet to True Point of Beginning thence
continuing South 00°50'46" West 632.99 feet TAP on Northerly right-of-way of
South 228th Street; thence along said Northerly right-of-way line South
62°53'12" West 303.73 feet TAP on East boundary of parcel of land owned by
Stanley A. Taylor Record AF #4872884; thence along East boundary said parcel
North 00 50 46 East 175.39 feet to Northeast corner said parcel ; thence North
89°09'14" West 94 feet; thence North 00°50'46" East 2 feet more or less;
thence North 89°09'14" West 805.61 feet; thence South 00°53 '03" West 2 feet
more or less ; thence North 89°07'49" West 237.55 feet; thence North 00050146"
East 599.9 feet; thence South 89°09'14" East 1405.44 feet to True Point of
Beginning less coal and mineral rights TCO 17.1390; AND ALSO
Portion of Sec. 14, Twn. 22, Rg 4 E (Tax Lot # 45)
Lot 6 of City of Kent Short Plat No. SPC-86-6 (SP-86-4) Record No. 8606301093;
AND ALSO
Portion of Sec. 14, Twn. 22, Rg 4 E (Tax Lot # 44)
Lot 5 of City of Kent Short Plat No. SPC-86-6 (SP-86-4) Record No. 8606301093;
AND ALSO
Portion of Sec. 14, Twn. 22, Rg 4 E (Tax Lot # 43)
Lot 4 of City of Kent Short Plat No. SPC-86-6 (SP-86-4) Record No. 8606301093 ;
AND ALSO
Portion of Sec. 14, Twn. 22, Rg 4 E (Tax Lot # 42)
Lot 3 of City of Kent Short Plat No. SPC-86-6 (SP-86-4) Record No. 8606301093;
AND ALSO
Portion of Sec. 14, Twn. 22, Rg 4 E (Tax Lot # 40)
Lot 4 less portion lying Easterly and Southerly of plat of Lakes at Kent
Division 1 of Kent SP 84-9 Record No. 8505210917; AND ALSO
Lot 3 Lakes at Kent Division No. 01 ; AND ALSO
Portion of Sec. 14, Twn. 22, Rg 4 E (Tax Lot # 52)
Lot 1 of City of Kent Short Plat No. SP 86-13 Record No. 8706041575; AND ALSO
Lot 2 Lakes at Kent Division No. 01 ; AND ALSO
Bridgewater II Condominium as recorded in Vol . 88 of Condominium Plats pages .
45 through 50; AND ALSO
Unit Al
Bridgewater Condominium PCT of value 3.5550 together with Al building G; AND
ALSO
Unit A2
Bridgewater Condominium PCT of value 3.2225 together with A2 building G; AND
ALSO
- 6 -
Unit A3
Bridgewater Condominium PCT of value 3.2225 together with A3 building G; AND
ALSO
Unit A4
Bridgewater Condominium PCT of value 3.2225 together with A4 building G; AND
ALSO
Unit A5
Bridgewater Condominium PCT of value 3.5550 together with A5 building G; AND
ALSO
Unit B1
Bridgewater Condominium PCT of value 2.8900 together with B1 building H; AND
ALSO
Unit B2
Bridgewater Condominium PCT of value 3.1117 together with B2 building H; AND
ALSO
Unit B3
Bridgewater Condominium PCT of value 3.0691 together with B3 building H; AND
ALSO
Unit 84
Bridgewater Condominium PCT of value 3.2225 together with B4 building H; AND
ALSO
Unit B5
Bridgewater Condominium PCT of value 3.5124 together with B5 building H; AND
ALSO
Unit Cl
Bridgewater Condominium PCT of value 3.5124 together with Cl building H; AND
ALSO
Unit C2
Bridgewater Condominium PCT of value 3.2225 together with C2 building H; AND
ALSO
Unit C3
Bridgewater Condominium PCT of value 3.2225 together with C3 building H; AND
ALSO
Unit C4
Bridgewater Condominium PCT of value 3.2225 together with C4 building H; AND
ALSO
Unit C5
Bridgewater Condominium PCT of value 3.5124 together with C5 building H; AND
ALSO
- 7 -
Unit DI
CT of value 2.8900 together with D1 building L; AND
Bridgewater Condominium P
ALSO
Unit D2
Bridgewater Condominium POT of value 3.1117 together with D2 building L; AND
ALSO
Unit D3
Bridgewater Condominium PCT of value 3.0690 together with D3 building K; AND
ALSO
Unit D4
Bridgewater Condominium PCT of value 3.2225 together with D4 building K; AND
ALSO
Unit D5
Bridgewater Condominium PCT of value 3.5124 together with D5 building K; AND
ALSO
Unit El .
Bridgewater Condominium PCT of value 3.5550 together with E1 building N; AND
ALSO
Unit E2
Bridgewater Condominium PCT of value 3.2225 together with E2 building N; AND
ALSO
Unit E3
Bridgewater Condominium PCT of value 3.2225 together with E3 building M; AND
ALSO
Unit E4
Bridgewater Condominium PCT of value 3.2225 together with E4 building M; AND
ALSO
Unit E5
Bridgewater Condominium PCT of value 3.5550 together with E5 building M; AND
ALSO
Unit F1
Bridgewater Condominium PCT of value 2.8900 together with F1 building P; AND
ALSO
Unit F2
Bridgewater Condominium PCT of value 3.1117 together with F2 building P; AND
ALSO
Unit F3
Bridgewater Condominium PCT of value 3.0690 together with F3 building P; AND
ALSO
- 8 -
Unit F4
Bridgewater Condominium PCT of value 3.0690 together with F4 building 0; AND
ALSO
Unit F5
Bridgewater Condominium PCT of value 3.1117 together with F5 building 0; AND
ALSO
Unit F6
Bridgewater Condominium PCT of value 2.8900 together with F6 building 0; AND
ALSO
Portion of Sec. 14, Twn. 22 N, Rg 4 E (Tax Lot # 50)
Lot 2 together with Lot 5 Plat of Lakes at Kent Division 1 of Kent SP No.
86-13 Record No. 8706041575; also known as Kent LLA 87-19 approved 8/4/87
Record No. 8708060999; AND ALSO
Portion of Sec. 14, Twn. 22 N, Rn 4 E (Tax Lot # 21 )
Lot 4 of City of Kent Short Plat No. SP 86-13 Record No. 8706041575; AND ALSO
Portion of Sec. 14, Twn. 22 N, Rg 4 E (Tax Lot # 23)
West 192.44 feet of following: Beginning South 01 °14 '23" West 417.2 feet from
Northeast corner of Northwest 1 /4 of Southeast 1 /4; thence North 88040'56"
West 880.15 feet; thence South 01 °14'38" West 905.40 feet; thence South
88°43 '27" East to Southeast corner of Northwest 1/4 of Southeast 1/4; thence
Northeasterly 904.73 feet to beginning; AND ALSO
Lot 6, Lakes at Kent Division No. 01 ; AND ALSO
Lot 7, Lakes at Kent Division No. 01 ; AND ALSO
Portion of Sec. 23, Twn. 22 N, Rg 4 E (Tax Lot # 27)
Beginning 2001 .9 feet West of Northeast corner of section; thence West 1517.36
feet; thence South 09°58'00" East along County Road 247.11 feet; thence South
20°35 '00" East along East line of County Road 1154.7 feet; thence East to
point 500 feet West of line drawn South from beginning; thence North 224 feet;
thence East 500 feet; thence North to beginning; AND ALSO
Lots 1 and 2 Western Estates SP 80-9 recorded under King County Auditors File
# 8009100829 and per Kent LLA 88-20 recorded under King County Auditors File
#8809021266; AND ALSO
Portion of Lot 9, Meeker Supplemental Plat 1st Addition to Kent Lot 2 of Kent
Short Plat SPC 75-15 Record AF #7601220366; AND ALSO
Portion of Lot 29, Meeker Supplemental Plat 1st Addition to Kent Lot 3 of Kent
Short Plat SPC 75-15 Record AF #7601220366; AND ALSO
Portion of Sec. 23, Twn. 22 N, Rg 4 E (Tax Lot #55)
Lot 3, Kent SPC 80-9 Record #8009100829; AND ALSO
Portion of Lot 29, Meeker Supplemental Plat 1st Addition to Kent Lot 4 of Kent
Short Plat SPC 75-15 Record AF #7601220366; AND ALSO
- 9 -
Portion of Sec. 23, Twn. 22 N, Rg 4 E (Tax Lot # 52)
Beginning 1102 feet West of Northeast corner of section; thence West along
North line 899.9 feet; thence South 1989.6 feet to North line of Meeker Ave.;
thence East along said North line 899.9 feet more or less to West line of
Thompson DC; thence North along said West line 1969 feet to beginning less 15
feet strip deeded to City of Kent Auditors File #647114 less portion Southerly
of line herein referred to as Line A beginning on East line of above described
tract 189.16 feet North of Southeast corner thereof; thence Westerly to point
on West line of said tract 204.84 feet from Southwest corner thereof and less
portion North of line 547 feet North of and measured at R/A and parallel with
above described line A; less public right-of-way; AND ALSO
Portion of Lot 29, Meekers Supplemental Plat 1st Addition to Kent Lot 4 less
Easterly 58.50 feet thereof KCSP Record #7501100471 . Also known as Lot 4 Kent
boundary line adjustment; approved August 23, 1982 and revised by Kent Lot
line adjustment; approved 8-1 -84; AND ALSO
Portion of Lot 29, Meekers Supplemental Plat lst Addition to Kent Lot 2
together with East 30 feet and South 270 feet of Lot 1 of City of Kent Short
Plat No. SPC 74-11 Record No. 7501100471 ; also known as portion of City of
Kent Lot line adjustment approved 7/1/86 Record No. 8607100973; AND ALSO
Portion of Lot 29, Meekers Supplemental Plat 1st Addition to Kent Lot 3 less
South 124.05 feet as measured along West line of West 164.07 feet as measured
along South line of Kent Short Plat No. SPC 74-11 Record No. 7501100471 ; also
known as portion of City of Kent lot line adjustment, approved 7/1/86 Record
No. 8607100973; AND ALSO
Portion of Sec. 23, Twn. 22 N, Rg 4 E (Tax Lot #69)
Portion Government Lot 16 in Northeast 1/4 defined as follows: Beginning
intersection of North line Meeker Ave. with West line Thompson DC; thence
North 00°36'14" East 189.16 feet to point of beginning; thence South 89°00'00"
West 180 feet; thence North 00°36'14" East to point South 89'59'54" West from
point of beginning; thence North 89°59'54" East to point of beginning less
East 30 feet; AND ALSO
Portion of Lot 29, Meekers Supplemental Plat 1st Addition to Kent Lot 3 less
North 146.07 feet and East 35 feet of City of Kent short plat No. SPC 74-11
Record No. 7501100471 ; also known as portion of City of Kent Lot line
adjustment approved 7/1/86 Record No. 8607100973; AND ALSO
Portion of Sec. 23, Twn. 22 N, Ra 4 E (Tax Lot # 34)
Lot 1 of City of Kent Short Plat No. SPC 85-2 Record No. 8503211054; AND ALSO
Portion of Lots 30-31 , Meekers Supplemental Plat 1st Addition to Kent North
250 feet of following 30 less West 30 feet and 31 less East 71 .2 feet; AND ALSO
Portion of Lots 30-31 , Meekers Supplemental Plat 1st Addition to Kent Lot 30
less West 30 feet less North 250 feet Lot 31 less North 250 feet less East
71 .2 feet; AND ALSO
Portion of Lot 43, Meekers Supplemental Plat lst Addition to Kent Lot 1 City
of Kent SPC 76-13 Record AF #7701130512; AND ALSO
- 10 -
Portion of Sec. 23, Twn. 22 N, Rg 4 E (Tax Lot # 86)
Lot 4 of City of Kent Short Plat N0. SPC 85-2 Record No. 8503211054; AND ALSO
Portion of Sec. 23, Twn. 22 N, Rg 4 E (Tax Lot #18)
Beginning 1102 feet West and 2029 feet South of Northeast corner of section;
thence West on South line Meeker Ave. 30 feet; thence South parallel Thompson
D C 756.55 feet; thence West 996.8 feet; thence South 85.3 feet to water line
of White River; thence southerly along water line 4900 feet to West line of D
C; thence North on said West line 40 feet; thence North on same course 1774.98
feet to beginning less portion of East 30 feet in Northeast 1/4 of 23-22-4
less State Highway; AND ALSO
Portion of Lot 43, Meekers Supplemental Plat 1st Addition to Kent portion
lying westerly of State Highway 5-M and Southerly of line 798 feet South of
North line said tract and North of SR 516 less East 790.01 feet thereof as
measured from center line State Highway 5-M; AND ALSO
Portion of Neely D A-D C #37 beginning at Southwest corner of Govt. Lot 4 Sec.
14, Twn. 22 N, Rg 4 E; thence North 88°35'14" West 1105.14 feet to center line
of County Road; thence North 02°22'30" East along said center line 334.6 feet;
thence South 88043 '21" East 1104.68 feet to East line of David A. Neely D C;
thence Southerly along said East line to beginning less portion lying Easterly
of Plat of the Lakes at Kent Division No. 1 together with portion lying
Southerly and Westerly of the new boundary line which said new line is
described as Parcel A in Kent' s L.L.A. 88-29 as recorded under King County
Auditors file #8811141040; AND ALSO
Portion of Sec. 23, Twn. 22N, Rg 4 E (Tax Lot #1 )
Portion of West 1/2 of Northeast 1/4 and of Govt. Lot 16 beginning Northeast
corner of Section 23; thence Westerly along Northerly line said Section 1102
feet to intersection with West line of G Thompson D C extended Northerly;
thence Southerly along said West line to point 189.16 feet Northerly from
North line of Meeker Avenue and True Point of Beginning; thence Westerly 899.9
feet to point 204.84 feet North from North line said avenue; thence South
204.84 feet; thence East 899.9 feet to West line said G Thompson D C; thence
Eas
North 189.16 feet to True Point of Beginning less West 5hn feet
sKentt 180
feet less South 110 feet of East 100 feet, all lying
County of King State of Washington.
1104E-69E
- 11 -
Kent City Council Meeting
Date August 1 1989 a
Category Other Business
1. SUBJECT: ATVERBEND GOLF COMPLEX PgRS NNE
2 . SUMMARY STATEMENT: Authorization is requested to immediately
hire two new full time maintenance workers to meet the increased
maintenance demands.
Also a budget correction is requested to reflect the replacement
of a 1989 budgeted Assistant Greenskeeper with a Maintenance
Worker.
3 . EXHIB S:
4 . RECO ND D BY: Parks Department and formal d et Committe
(Cc itt e, Staff, Examiner, Commi sion, etc )
Hiri g 2 ne Maintenance Worker I positions w s taken to t o
July 19 Par Committee and ref red to the Au just 1 Operat ons
Comm ttee
5 . UNBU GETED FI AL PERSONN IMPACT: NO YES X
FISC L PERSONN L NOTE: R ommended Not R commende
6. EXPE DITURE REO IRED• $17 327 (1989)
SOUR E OF FUNDS : Un ended Revenues 1989 revenu s wil exceed
even the most o i istic ro'ections
7 . CITY OUNCIL ACT N:
Council ember moves, Councilmember seconds
to authorize hiring of two full time maintenance workers and to
correct the 1989 Budget to replace an Assistant Greenskeeper
with a Maintenance Worker.
DISCUSSION-
ACTION•
Council Agenda
Item No. 4D
Kent City Council Meeting
Date August 1 , 1989
Category Other Business
1. SUBJECT: SO a
WASTE DISPOSAL RATES
2 . SUMMARY STATEMENT: The King county Solid Waste Division has
recommended a Solid Waste Disposal rate increase of approxi-
mately 83 percent. The Suburban Cities Association and the City
of Seattle have analyzed the proposal and made certain
recommendations to the County including the refunding of energy
resource recovery fund monies to the cities, ceasing the
collection of such monies, the lack of a need for a rate
increase, and the solid waste recycling program not be funded
through the disposal fee so as not to duplicate cost to the
cities that already have recycling programs. It is recommended
that the Kent City Council adopt a resolution endorsing the
recommendations of the Suburban Cities Association related to
the solid waste disposal rates.
3 . EXHIBITS: Resolution
1
i
4 . RECOMMENDED BY:
(Committee, Staff, Examine, Commission, etc. )
i
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
FISCAL/PERSONNEL NOTE: R commended Not Recommended
6. EXPENDITURE REQUIRED:
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:•
Councilmemberrtion
n 561 moved secands
to adopt Reso No. 13\13 relating to prop ed King County
solid waste disposal rates, endorsing the recommendation of
Solid Waste Interlocal Forum Resolution 89-004 . l_000d5 c vn
4 'f he m o ti v
Cared .
DISCUSSION•
ACTION:
Council Agenda
Item No. 4E
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, relating to proposed
King County solid waste disposal rates.
WHEREAS, the King County Solid Waste Division has
recommended a solid waste disposal rate increase of approximately
83%; and
WHEREAS, Suburban Cities Association and the City of
Seattle have analyzed the rate proposal and made certain
recommendations to the County that include the refunding of the
Energy Resource Recovery Fund monies to the City, ceasing the
collection of such monies, the lack of a need for a rate increase,
and that solid waste recycling programs not be funded through the
disposal fee so as not to duplicate costs to the cities that
already have recycling programs; and
WHEREAS, the solid Waste Interlocal Forum, composed of
representatives of Seattle, King County, and the Suburban Cities
Association, has advised the King County Executive by Resolution
on a responsible rate structure for solid waste disposal; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City of Kent endorses the recommendations
to the King County Council and Executive related to the solid
waste disposal rate as set forth in the Solid Waste Interlocal
Forum Resolution No. 89-004, copy of which is attached and
incorporated herein by this reference.
Passed at a regular meeting of the City Council of the
City of Kent, Washington this _ day of 1989.
Concurred in by the Mayor of the City of Kent, this
day of 1989.
DAN KELLEHER, MAYOR
ATTEST:
MARIE JENSEN, CITY CLERK
APPROVED AS TO FORM:
SANDRA DRISCOLL, CITY ATTORNEY
I hereby certify that this is a true and correct copy of
Resolution No. passed by the City Council of the City of
Kent, Washington, the day of 1989.
(SEAL)
MARIE JENSEN, CITY CLERK
7470-260
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R E P O R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC WORKS COMMITTEE
D. PLANNING COMMITTEE
E. PUBLIC SAFETY COMMITTEE
F. PARKS COMMITTEE
G. ADMINISTRATIVE REPORTS - a --� "" 3
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PARKS COMMITTEE MINUTES
„ June 21, 1989
Councilmembers Present: Steve Dowell, Chair; Jon Johnson; Judy
Woods.
Staff Present: Ed Chow, Barney Wilson, Helen Wickstrom,
Neil Sullivan, Patrice Thorell, Jack Ball,
Lori Hogan, Cheryl Fraser, Robyn Bartelt,
Alana McIalwain, Nancy Woo, May Miller,
Priscilla Shea, Lee Anderson, Karen
Michel, Ramona Valdez, Joyce O'Meara, Pam
Rumer, Tracey Wickersham, Liz Carpenter.
Others Present: Grace Hiranaka and Jim Land, Kent Arts
Commission.
1990 Budget Presentation
Wilson opened by stating that the Parks Department's mission is to
provide opportunities for people to participate in leisure
activities, and that this is done by maintaining facilities,
through professional programming and with the help of the
department' s many volunteers. Wilson explained that, due to
community growth, it takes a greater percentage of the budget to
do this today.
Of the department's long list of accomplishments, two of the top
included the 1988 Gold Medal Award and the completion of the new
18-hole golf course.
Each Division Head and Facility Manager reviewed his/her personnel
requests and goals for 1990. The point emphasized by everyone in
the department was that the Kent community has experienced extreme
growth in the past year, and the Parks Department needs adequate
resources and personnel in order to keep up with the fast pace and
the growing demand for leisure activities.
Issues affecting the Department for 1990 included: lack of
adequate personnel, staff burnout, lack of parking at facilities
(i.e. Kent Commons) and the need for another recreational complex
similar to the Russell Road Complex.
The meeting was adjourned at 5: 00 p.m.
KENT CITY COUNCIL
PLANNING COMMITTEE
June 20, 1989 4 : 00 PM
Committee Members Present Planning Staff Present
Judy Woods, Chair Charlene Anderson
Steve Dowell Lin Ball
Jon Johnson Jim Harris
Fred Satterstrom
City Administration
Others Present
Jim Hansen
Barbara Heavey, King County
Carol Stoner
HUMAN SERVICES ROUNDTABLE
Senior Planner Lin Ball stated the City Attorney has reviewed the Interlocal
Agreement distributed with the agenda packet. She noted a correction to the
action required on this item; that is to authorize the Mayor to sign a
revised Interlocal Agreement rather than to adopt a resolution to so
authorize. Councilman Dowell MOVED and Councilman Johnson SECONDED the
motion to authorize the Mayor to sign a revised Interlocal Agreement for the
City of Kent ' s continued participation as a member of the Human Services
Roundtable and to forward to the Human Services Roundtable the city' s share
of support for the remainder of 1989 in the amount of $6300 .
REVISED ANNEXATION MAP AREAS 3 AND 4
Jim Hansen displayed a map indicating priority areas for annexation within
the next 20 years. He described the four priority areas and noted the City
Council had approved Areas 1 and 2 and had sent Areas 3 and 4 to the Planning
Committee for further study. Staff is researching the parameters of Area 4
to clarify whether conflicts could occur for funding of the South 272nd/277th
Street Corridor. Hansen stated that Area 3 squares the city' s boundary
easterly to 132nd, southerly to 278th. In addition, there are numerous
covenants to annex in this area. The area is within the fire service area.
The Police Department has some concerns in this area. Some discussion
occurred on the boundaries of Area 3 and the impact Kent can have on
development within this area.
Mr. Hansen added that Barbara Heavey of King County had contacted him
regarding Area 4 . The County questions designating for incorporation areas
which are part of the County' s Agricultural and Resource Lands designation.
Mr. Hansen indicated on the Comprehensive Plan map areas which Kent has
designated Agricultural and noted that a good portion of the area is
currently participating in the County' s Agricultural Preservation Program.
The City is concerned about potential pressures on the County Council to
rezone Area 4 for a commercial strip after the 272nd Street Corridor is
built. Mr. Hansen stated that the economic return versus the cost of service
in this area is low, and the potential for making it more favorable is zero.
CITY COUNCIL PLANNING COMMITTEE
MINUTES OF MEETING OF JUNE 20, 1989
Barbara Heavey provided some history of the area. In the 1970 's voters
passed a bond issue to preserve agricultural land; Ms. Heavey indicated on
a map the area affected by the bond issue. In 1985 through the County
Comprehensive Plan the County designated two resource protection areas for
forest and agriculture. One of the agricultural protection areas is in the
Green River Valley; this area was zoned A-10. In addition there is being
considered by Kent staff a revised interlocal agreement between King County
and the City of Kent related to annexation policies. The original agreement
adopted by Kent agreed that in our potential annexation areas
" . . .agricultural districts as designated on the Comprehensive Plan Map shall
not be included unless continued management of the resource would be
maintained or enhanced through' a legally binding agreement with Kent. " Ms.
Heavey requested that if the City of Kent continues to show the area in
question as a potential annexation area, that it be shown with the intent to
go through an interlocal process with the County to ensure long-term
protection of agriculture. The area of concern is Area 4 . Jim Hansen stated
the designation could be qualified. He added that staff uses the City' s
Comprehensive Land Use Plan in determining zoning, provided there are no
special circumstances to override the Comprehensive Plan designations. Ms.
Heavey added that Auburn is talking about adopting the County' s Agricultural
Production District boundaries as binding upon the City of Auburn. Jim
Harris stated the City Council could adopt a resolution falling back on prior
actions of the City Council in that area, e.g. , Comprehensive Plan
designation of Agriculture, election not to change designation when requested
for water and sewer hook-up, etc. Ms. Heavey requested that when the City
adopts Annexation Priority Area 4 the City will recognize the County
Comprehensive Plan Agricultural Production District and will negotiate an
agreement at the time with the County for long-term protection of that area.
The Committee was favorably disposed toward this request. Discussion
occurred on recent legal cases related to agricultural zoning.
Jim Hansen made available the King County report dealing with the
implications of incorporation. The Suburban Cities Association and the City
of Bellevue have responded to this report. The County is looking at ways to
cut their losses with annexations by considering obligations for services of
all kinds. Staff is reviewing the report.
Staff is not advocating any committee action at this time and will further
study these areas.
64TH AVENUE
This item was added to the agenda in light of the fact the Council is being
asked at tonight' s meeting to approve a segmented project. Jim Harris stated
the issue has been to the Public Works Committee who approved a segmented
project for 64th Avenue - 212th to 216th, James north to 228th, and there is
a part built north to the power lines. The part by the lagoons would be left
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CITY COUNCIL PLANNING COMMITTEE
MINUTES OF MEETING OF DUNE 20, 1989
out. If the Council approves the segmented project, SEPA review can proceed
excluding the lagoon portion.
Councilman Dowell suggested that along with tonight' s Council approval of the
northern and southern portions, there should be a timeline set for completion
of negotiations on the lagoon portion. Jim Hansen stated that part of the
problem is definition of a comprehensive and accurate work program. Carol
Stoner of the Mayor' s Environmental Task Force stated there are tough
technical issues being considered. Ms. Stoner would like a quality habitat
that will last. She would appreciate having the City Council request a
timeline from Public Works. Councilman Johnson suggested having status
reports for this project.
ADJOURNMENT
The meeting was adjourned at 5: 05 PM.
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