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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 06/20/1989 w@ City of Kent City Council Meeting @= Agenda ff Mayor Dan Kelleher Council Members Jim White, President Berne Biteman Steve Dowell XX Christi Houser Jon Johnson Paul Mann Judy Woods June 20, 1989 Office of the City Clerk CITY COUNCIL MEETING June 20, 1989 Summary Agenda �iw caA 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 ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS Annual Reporting Award 2 . PUBLIC HEARINGS A. Mortensen Annexation 3 . CONSENT CALENDAR Minutes B. Bills le. Voters Pamphlet Participation aog ,D. Cornucopia Days Permit - Resolution 1 ,E. Investment of City Property Tax Receipts - Resolution laoR .-F. Lake Fenwick Restoration Project -G TIB - 84th Ave. So. - 180 to 192nd 3i. TIB - 104th & S .E. 256th _ 1 . TIB - Central, Willis to Smith -J. Property Exchange - Union Pacific Realty �K. LID 330 - 64th Ave. S . - Interim Financing �-L. Puget Power Agreement for Undergrounding - LID 331 IM. East Valley Zoning Implementation - Ord & Res d,g5o lalo LID 330 - Segregation Authorization �O. Banking Service Agreement 4 . OTHER BUSINESS .K. Capital Improvement Program Centennial Building Lease, rBIDS --A: Telescopic Aerial Manlift --S. Television Datalog Unit & Power Transporter 5 . C. LID 331 - (S .E . 240th) 6 . REPORTS y CONTINUED COMMUNICATIONS ADJOURNMENT f(a t AC-) (,u ll 5.l Leu�nc,�l PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A. Certificate of Achievement for Excellence in Annual Financial Reporting ^n� Kent City Council Meeting Date June 20, 1989 Category Public Hearing 1. SUBJECT: MORTENSEN ANNEXATION 2 . SUMMARY STATEMENT: This date has been set for a public hearing on annexation of approximately nine (9) acres in the vicinity of 98th Ave. So. and So. 218th. The City Clerk has given the proper legal notification of this hearing. -Fh e-_ �Y1a�Or d o't G e[ +h P- p u b i c c, {') eri 4r i oq U p e n . i eke We' - ct po C �mrnrnts row i-N�e �,rcted ce aoev WHIr"E MCvic) 6�of �h� �i� � � , e C( r , ,�� br C1 sec( - JOhV)5c, 0 Seconc(�d 0 Vid f--61e An 3 . EXHIBITS: Memorandum from the Diyector of Public Works 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL PERSONNEL MPACT: NO YES FISCAL/PERSONNEL NO Reco ended Not Recommended r 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: / / PUBLIC INPUT• CLOSE HEARING: tl, 7 . CITY COUNCIL ACTION: J Councilmember moved, w seconds the City Attorney be authorized to prepare the ordinance approving the Mortensen annexation of approximately nine (9) acres in the vicinity of 98th Ave. So. and So. 218th St. �}Jh+fie Secco � ed). -Dig, C-arfk'e-d . DISCUSSION: ACTION: Council Agenda Item No. 2A DEPARTMENT OF PUBLIC WORKS June 14, 1989 TO: Mayor Kelleher and City Council FROM: Don Wickstrom RE: Mortensen Annexation This date has been set for the public hearing on the proposed annexation of approximately 9 acres located in the vicinity of 98th Avenue South and S. 218th Street. In November, 1988, Council authorized staff to file a notice of intent with the Boundary Review Board. We were notified that the Boundary Review Board approved this annexation as of April 23 , 1989 . The existing use of the property is residential and the East Hill Plan designates the subject property as single family, 4-6 dwelling units per acre. There is an existing population of 8 single family residences. The property is within the City's sewer franchise and within the Soos Creek Sewer and Water District water service area. Fire service is provided by Fire District 37 , police protection by King County and is in the Kent School District. The 1988 King County Tax Valuation is $892 , 100 ($250, 300 for land; $641, 800 for improvements) . The City Clerk has given the proper legal notification of this hearing. 1��;6 1!III i I } Washington State Boundary Review Board For King County 36001361h S.E., Suite 122 Bellevue, WA 98006 Telephone (206) 296-7096 March 20, 1989 CITY OF KENT .MAR 2 2 1989 ENGINEERING DEPT. i i i TO: GARY GILL, CITY ENGINEER CITY OF KENT i FwArk. PAULA ANNE RUSSELL, Adm. Asst. i IN RE: NOTIFICATION OF OFFICIAL FILING FILE NO. 1584 CITY OF KENT i Annexation (Mortenson) i The Notice of Intention transmitted to this office is now acceptable for filing and has been filed effective March 91 1989 and assigned File No. 1584 ,You will be kept advised of all transactions affecting this action. As you are aware, a copy of your Notice was transmitted to the King County Council by this office. This was under date of March 9, 1989 Any revisions to the legal description subsequent to that date must be incorporated in your final ordinance/resolution filed with the King County Council. PAR CC: Clerk of the Council, ATTN: Helene Moclulski Dept. of Public Works, ATTN: Rex Knight Dept. of Assessments, ATTN: Diane Murdock Mr. James C. Tracy, Manager, Building and Land Development Ms. Dorothy Owens, Clerk of the Council Ref. 9-26-88 Washington State Boundary Review Board For King County 36(X) 13601 S.E., Suife 122 Bellevue, WA 98006 Telephone (206)296-709G April 27, 1989 CITY OF KENT TO: GARY GILL, CITY ENGINEER APR 2 8 1989 CITY OF KENT ENGINEERING DEPT. FROM: G. BRICE MARTIN, Executive Secretary IN RE: CLOSING LETTER FILE NO. 1584 CITY OF KENT Annexation (Mortenson) You have been advised that the above file was formally filed effective as of March 9, 1989 The Board has received no request for review as specified in RCW 36.93. Therefore, the 45-day filing period having now elapsed, this notice Is hereby deemed approved as of April 23, 1989 . The proposal could be subject to approval by the County Council. If there are changes by the Council, the Board may be required to review the action at that time. In order for the proposed action to be finalized, it is necessary that you complete the other statutory requirements or procedures specified in your Notice of Intention. Where required, please file one certified copy of your final resolution or ordinance accomplishing this action with the Office of the Clerk of the Council, Room 402 King County Courthouse, Seattle, Washington 98104, ATTN: Ms. Helene Mociulski, together with a copy of this letter. GBM/pr CC: Office of the Clerk of the Council, ATTN: Helene Mociulski Mr. James C. Tracy, Manager, Building and Land Development K.C. Dept. of Public Works, ATTN: Rex Knight K.C. Dept. of Assessments, ATTN: Diane Murdock K.C. Dept. of Records and Elections E-911 Program Dorothy Owens, Clerk of the Council Ref. 9-26-88 CONSENT CALENDAR 3 . City Council Action: -� 9; tuber Councilmember_ move Co�1 i me !' ,,aeerfd-s- that Consent Calendar Items A through O be approved? ' Zj En� e�c e ' , tj l L�, � Discussion �vS vey, veb e Uaoc,I YY�emf�erS• Action USPr- SG'cunive a,oa j'he Wc)-ho Carded 3A. -pDA roval of Minutes. Approval of the minutes of the regular Council meeting of June 6, 1989. v"3B. Approval of Bills. Approval of payment of the bills received through June 22 , 1989 r1nr�� after auditing by the Operations Committee at its meeting at v 2 : 30 p.m. on June 30, 1989. Approval of checks issued for vouchers: Date Check Numbers Amount 6/1 - 6/13 80483 - 80506 $ 196, 817.41 6/14/89 80507 - 80927 1, 588 , 549 . 19 $1,785, 366. 60 Approval of checks issued for payroll : Date Check Numbers Amount 6/05/89 120051 - 120723 $ 705, 327 . 01 Council Agenda Item No. 3 A-B Kent, Washington June 6, 1989 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Pro Tem White. Present: Councilmembers Biteman, Dowell , Houser, Johnson, Mann, White and Woods, City Administrator Chow, City Attorney Driscoll , Planning Director Harris and Public Works Director Wickstrom. Also present: Fire Chief Angelo, Police Chief Frederiksen, Information Services Director Spang and Assistant City Administrator Hansen. Finance Director McCarthy was absent. Approximately 40 people were at the meeting. PRESENTATIONS Employee of the Month. Mayor Pro Tem White announced that Marty Mulholland of the Information Services Department has been selected as the Employee of the Month for June. White noted that Ms. Mulholland is the computer support person responsible for the development of new Hewlett Packard systems. He commended her for her positive attitude , infectious enthusiasm and dedication, and presented her with the Employee of the Month plaque. Herb Mutschler. Kind County Library System Week. Mayor Pro Tem White read a proclamation declaring the week of June 4 - 10, 1989 as Herb Mutschler Week. White noted that Mr. Mutschler has served as the Director of the King County Library System since 1963 , during which time 28 new King County Library buildings were constructed. He stated that Mr. Mutschler has been an integral part of the growth of our library and a strong advocate and supporter of the new Kent/King County Library due for completion in 1990 . Members of the Kent Library Board also expressed appreciation to Mr. Mutschler. Flag Day. Mayor Pro Tem White read a proclamation declaring June 14 , 1989 as Flag Day and urged all citizens of Kent to pause at 7 : 00 p.m. EDT on this date and recite with all Americans the Pledge of Allegiance to our Flag and Nation. Historical Preservation. Mayor Pro Tem White read a proclamation declaring the week of June 11 through 17 as Historical Preservation Week in Kent. Linda Van Nest, an activist in historical preservation, accepted the proclamation. 1 June 6 , 1989 PRESENTATIONS Certification. The City Clerk noted that Brenda Jacober, Deputy City Clerk for the City has- recently completed courses at the University of Washington qualifying her as a Certified Municipal Clerk. Education, service and experience standards are set by the International Institute of Municipal Clerks. Certification recognizes the competency of Ms. Jacober to serve in the professional capacity of either City Clerk or Deputy City Clerk. Council President White presented a plaque to Ms. Jacober and congratulations were offered from all in attendance. CONSENT BITEMAN MOVED that Consent Calendar Items A through CALENDAR 0 be approved. Item 3L was removed by Councilmember Houser, Item 3P was removed by Councilmember Mann, and Items 3R and 3S were removed by Councilmember Dowell. Woods seconded and the motion carried. Item 3Q was handled separately. MINUTES (CONSENT CALENDAR 3A) Approval of Minutes. Remove from the table and approve the minutes of the May 2 meeting. Approval of the minutes of the May 16 meeting. HEALTH AND (CONSENT CALENDAR ITEM 3F) SANITATION Water Main Extension. ACCEPTANCE of the bill of sale and warranty agreement for the continuous operation and maintenance of approximately 247 feet of water main extension constructed in the vicinity of 102nd Ave. S.E. and S.E. 268th Street and release of cash bond. (CONSENT CALENDAR ITEM 3G) Bay Club Apartments. ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance of approximately 1, 132 feet of water main extension and 393 feet of sanitary sewer extension constructed in the vicinity of 99th Ave. south of the Bay Club Apartment project and release of cash bond after expiration of the one year maintenance period. 2 June 6, 1989 STREETS (CONSENT CALENDAR ITEM 3H) LID 327/328 Bus Pull Outs. AUTHORIZATION for the Mayor to sign an agreement with Metro to participate in the cost of constructing bus pull outs in conjunction with the City' s West Valley Highway improvement project, as approved by the Public Works Committee. Bids 1989 Asphalt Overlay. Bid opening was held May 31, and two bids were received. The low bid was submitted by M.A. Segale, Inc. in the amount of $193., 275 . 80. The Public Works Director recommends the low bid be accepted. JOHNSON MOVED that the bid of $193 , 275 . 80 from M.A. Segale be accepted for the 1989 Asphalt Overlay. Biteman seconded and the motion carried. STREET (CONSENT CALENDAR ITEM 3M) VACATION 3rd Avenue South. ADOPTION of Resolution 1206 setting July 5, 1989 for a public hearing on the application for vacation of a portion of 3rd Ave. So. (CONSENT CALENDAR ITEM 3N) Glacier Park. ADOPTION of Ordinance 2847 approving the Glacier Park Street vacation of a portion of 80th Avenue South. The public hearing was concluded on February 21st and the conditions have now been fulfilled. TRAFFIC (CONSENT CALENDAR ITEM 3K) CONTROL Master Signal Control Computer. As recommended by the Public Works Committee, AUTHORIZATION to pay $21, 730. 15 in settlement of a claim on the sales tax issue for the Master Signal Control Computer Project and for funds to come from the Street Operating Budget with the understanding that it is highly probable said budget may be overrun by that amount. ANNEXATION Hehr Annexation Zoning No AZ-89-1. This is the ZONING first of two public hearings to consider the Hearing Examiner' s recommendation of initial zoning of R1-7 . 2 , single family residential for the Hehr 3 June 6, 1989 ANNEXATION Annexation area. The property is approximately 4 . 6 ZONING acres in size and is located on the west side of 116th Ave. S .E. approximately 150 feet south of S . E. 227th Place. The second hearing will be held on July 18 , 1989 . Mayor Pro Tem White declared the public hearing open. There were no comments from the audience, and WOODS MOVED to continue the public hearing to July 18 , 1989 . Mann seconded and the motion carried. SUBDIVISION (CONSENT CALENDAR ITEM 3S) CODE REMOVED BY COUNCILMEMBER DOWELL Lot Line Adjustment. Ordinance 2849 has been prepared amending the Kent City Code 12 . 04 (Subdivision Code) to incorporate administrative procedure for lot line adjustment application submittal and review, and to clarify the definition of accumulative short subdivision. It was determined that this issue had been approved by the Planning Commission and that the Council had approved it on November 15, 1988 and had ordered the ordinance. At Mr. Morford' s request, the ordinance was removed from the February 7 , 1989 Council meeting agenda to allow time for Mr. Morford to discuss his concerns with Mr. Satterstrom of the Planning Department. On April 4 , this item was referred to the Planning Committee and the committee now recommends that the ordinance be adopted. Upon Dowell ' s question, Carol Proud of the Planning Department noted that administrative guidelines were needed for the application, submittal and review processes. In response to Morford' s question about a $25 fee, Proud explained that the Planning Department did not charge but that a title company charged a service fee of approximately $25 . Upon questions from Biteman and Houser, Harris and Proud explained that the lot line adjustment 4 June 6 , 1989 SUBDIVISION procedure had become complex and consistent CODE procedure could be assured by having an ordinance to cover it. It was determined that Larry Frazier of Lot Line Master Builders had been consulted over the course Adjustment of drafting this ordinance and that he had no Ordinance problem with it. The City of Auburn has a similar lot line adjustment ordinance in their code. WOODS MOVED to adopt Ordinance 2849 and Mann seconded. Morford objected, stating that the ordinance would make the procedure rigid and difficult. He noted that some title company fees were $350 and Proud noted that transfer of title fees were $350 but the service fee mentioned was only to verify title. She noted that the form proposed would simplify the process. Leona Orr noted that she had attended the committee meeting and concluded that this procedure could protect the small person. She pointed out that Morford was the only one objecting. Woods commended the staff for their work on this project and noted to Morford that he had never been denied access to speak at committee or council meetings, whether or not items were listed on the agenda. Houser suggested that a simple notarized form might be used to establish ownership. Mann concurred with Woods ' motion and comments and suggested an amendment to guarantee that the fees would not be up to $150 or more. At Driscoll ' s suggestion, Mann changed the wording to "should the fee be excessive, staff will bring the ordinance back to the Council for reconsideration" . This was accepted as a friendly amendment. Houser ' s motion to table failed for lack of a second. Jim Orr stated that the City had an open policy toward developers and that maybe it was time to listen to staff. Biteman suggested that the amendment did not change the requirement of involving the title company and that he would prefer 5 June 6 , 1989 SUBDIVISION a shorter form of the ordinance. Upon a show of CODE hands, the motion to adopt Ordinance 2849 as amended carried with Woods, Johnson, Mann and White voting Lot Line in favor and Dowell , Houser and Biteman voting Adjustment against. Ordinance PRELIMINARY Eastwood Preliminary Subdivision No. SU-89-1. This SUBDIVISION public meeting will consider the Hearing Examiner' s recommendation of conditional approval of a 21 lot single family residential subdivision submitted by W. F. Holmberg. The property is 4 . 36 acres in size and is located at 100th Ave. S .E. and S . E. 244th St. Mary Duty of the Planning Department noted that all lots meet or exceed the 7200 square feet lot size. WOODS MOVED to adopt the findings of the Hearing Examiner and to concur with the Hearing Examiner' s recommendation of approval of Eastwood Preliminary Subdivision No. SU-89-1 with five conditions as clarified. Dowell seconded and the motion carried. EAST VALLEY East Valley Zoning Implementation No. CPZ-89-1. IMPLEMENTATION White noted that this item has been removed from the agenda by Planning Director Harris. Harris noted that a quorum was not present at the last Planning Commission meeting, so no action had been taken on this item. The Commission, consisting of nine members, requires five members for a quorum. This has become difficult since at present two commissioner seats are vacant. White asked that City Administrator Chow check into the possibility of modifying Planning Commission rules regarding quorum. Upon Dowell ' s question, Driscoll pointed out that the Planning Commission must make certain findings of fact before the necessary resolution and ordinance come to the Council . HOUSING AND (CONSENT CALENDAR ITEM 3I) COMMUNITY Sidewalk Development Project. ACCEPTANCE as DEVELOPMENT complete of the Juarez Construction contract for the Housing and Community Development sidewalk improvement project and release of retainage after receipt of release from the state. 6 June 6 , 1989 REGIONAL (CONSENT CALENDAR ITEM 3J) WATER ASSOC. Regional Water Association. APPROVAL to prepare a letter to the Regional Water Association naming the Director of Public Works as the City ' s representative and the Operations Manager as his alternate, as recommended by the Public Works Committee. INITIATIVE AND (CONSENT CALENDAR ITEM 3Q) REFERENDUM Initiative and Referendum Powers. Ordinance 2848 adopting initiative and referendum powers for the citizens of of the City of Kent has been prepared and is presented for Council consideration. JOHNSON MOVED TO ADOPT Ordinance 2848 . Houser seconded and the motion carried. CITY PROPERTY (CONSENT CALENDAR ITEM 3R) Campbell Land Exchange - Ponssen House. AUTHORIZATION for staff to pursue a land exchange proposed by Larry Campbell, with conditions. Dowell noted that his questions regarding this had been answered at the Planning Committee meeting of this date and MOVED to authorize staff to pursue a land exchange proposed by Larry Campbell, with conditions. Woods seconded. Dowell noted that Council is not authorizing a purchase, but recommending that discussions with Mr. Campbell be pursued. Assistant City Administrator Hansen clarified that should the land exchange occur, it would have to be of equal value which would be determined by two M.A. I . appraisals. He noted that the City would select one of the appraisers, but that the cost would be paid by Esquire Court Ltd. He also stated that any and all other issues which might arise will be worked out with the City Attorney and any items not covered will come back to Council . The motion carried. FINANCE 1990 - 1994 Capital Improvement Program CIP . A hearing has been scheduled for this meeting to receive public input on the proposed CIP for 1990 - 1994 . It was noted that the City mailed out 7 June 6 , 1989 FINANCE questionnaires in the utility bills and 644 were returned. Departments submitted their capital Capital improvements requests in priority order, totaling Improvement over $48 million dollars over five years. The Plan results of the questionnaire and the projects listed were presented in a Council workshop on May 2nd. The Council gave direction at the workshop with their own questionnaire. The IBC reviewed the priorities and funding resources to create the balanced CIP presented tonight. John Marchione of the Finance Department presented the CIP, a copy of which was included in the agenda packet. The material includes the results of the citizen and the Council questionnaires, the Councilmanic debt schedule, and the recommendation of the CIP Balancing Committee, based upon the Council priorities and target issues, the citizen survey, the department head priorities and the revenue dedicated for this purpose. The public hearing was declared open and Dee Eklund noted that the Chamber of Commerce continues to support transportation issues as its number one priority. Maureen McNamara stated that arterials leading to residential areas should not be considered extensions of freeways. Dowell noted McNamara 's concern especially regarding James Street and noted that she was welcome to attend Public Works Committee meetings. White noted that the corridor project recommendation came after review by the Green River Transportation Action Plan, that the east/west traffic problem was critical and that the City of Auburn was also involved. There were no further comments from the audience, and JOHNSON MOVED to close the hearing. Woods seconded and the motion carried. JOHNSON MOVED to adopt the 1990 - 1994 CIP Plan as presented and Biteman seconded. Dowell objected to the fact that the Parks Department had no CIP fund allocation for 1990 and pointed out that Kent Parks Department was rated the 8 June 6, 1989 FINANCE best in the nation for a city this size. Upon his question, Chow identified the members of the Capital Internal Budget Committee and it was noted that the Improvement same group comprised the CIP committee. Plan Dowell asked if the furniture allocation of $250 , 000 was time sensitive for 1990. Hansen explained that the furniture figure was conservative and covered three departments - Public Works, Planning and Code Enforcement. He further noted that these furniture expenditures would come back to the Council after having been to committee. Hansen noted further that the committee had been charged with addressing immediate needs first, and pointed out that the City was carrying considerable debt related to previous park projects. Marchione noted that the proposed county open-space bond issue includes $3 . 7 million for Kent, and that Kent supports the County' s acquisition of Clark Lake. Woods also expressed concern about the lack of allocation of funds for parks . She noted that parks were especially needed on East Hill . Biteman concurred that individual communities need to have their park needs considered. White noted that the Council was facing tough times and priorities had to be set. WOODS MOVED to table the item for two weeks and Dowell seconded. Motion carried. (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through June 7 , 1989 after auditing by the Operations Committee at its meeting at 2 : 30 p.m. on June 15, 1989 . Approval of checks issued for vouchers: Date Check Numbers Amount 5/12 79481 - 79483 $ 996 . 61 5/15 - 5/30 79884 - 79913 206 , 803 . 54 5/31/89 79914 - 80482 541 , 495 . 64 $749 295 . 79 9 June 6 , 1989 FINANCE Approval of checks issued for payroll : Date Check Numbers Amount 5/22/89 119366 - 120049 $211, 598 . 76 (CONSENT CALENDAR ITEM 3L) REMOVED BY COUNCILMEMBER HOUSER Printing Graphics Equipment. AUTHORIZATION to use $55 , 505 of Central Services fund balance of $107 , 479 to acquire a new press, plate maker and graphics work station. These pieces of equipment will save City expenditures in the long run by making printing and graphics equipment more efficient, will allow the City to do printing that is now done outside and will allow each graphic artist her own machine, eliminating unproductive time. HOUSER MOVED that this item be referred to the Operations Committee to be reconsidered June 30. Johnson seconded. White noted for Dowell that the department head has recommended this action. The motion then carried. A letter from the Chamber of Commerce relating to this subject has been filed. LIBRARY (CONSENT CALENDAR ITEM 3P) Library Design. Approval has been requested of the latest design/development plan for the new library as recommended by the Operations Committee on May 15 . Mann requested that more information be given. Jim Hansen noted that Pat Shelby was the project architect for Henry Klein Associates. Hansen displayed the drawings showing elevations, parking areas and traffic patterns as well as the inside design. Hansen described the skylights and the curved walls and a berm which will deflect the noise from traffic and from the railroad. Biteman expressed concern that the parking for the library might act as a barrier to parking for Kaibara Park. Hansen noted that the landscape design would take this into consideration. Dowell questioned the severity of the spike-like look of the roof and Herb Mutschler commented that the architect had noted that this will be brought down some to relieve the stark look. 10 June 6, 1989 LIBRARY It was noted that the Kent Library Board and the King County Library Board have already approved the plans. Hansen explained that last December the Council had approved plans very similar to these. It was determined that the contract did not include a model of the building. Upon questions about parking, Hansen clarified that the municipal parking lot was not a part of this project. The library project provides for 124 parking stalls and this will be carefully considered during the permit process. MANN MOVED to approve the latest design/development plans for the new library as recommended by the Operations committee on May 15 with special consideration of the concerns expressed at this meeting. Biteman seconded and the motion carried. POLICE DEPT. (CONSENT CALENDAR ITEM 3C) Drinking Driver Task Force. ACKNOWLEDGEMENT of a donation of $200 from the Kent Valley Youth Services to the Task Force. FIRE DEPT. Remodel of Station 71. Bids were received on Bids Friday, June 2 . Chief Angelo stated that the two bidders who bid low enough to be within the budget with a reasonable contingency; are Logan Construction of Kent and C.E. Skinner Construction. He pointed out that Logan Construction may not desire to enter into a contract, as he may have left some items off his bid. He stated that the bid should be awarded as soon as possible and asked that it be awarded to the low bidder who is willing to enter into a contract. He said that the other bids were over the budget and noted that if Logan chooses not to execute a contract, the bid bond situation would be worked out with the Attorney. BITEMAN MOVED for approval for the fire department to enter into contractual agreement with the low bidder who is willing to enter into a contract, as long as the amount of the base bid does not exceed $737 , 684 . 13 which includes sales tax for the remodel/ construction of Station 71. Houser seconded and the motion carried. 11 June 6 , 1989 FIRE DEPT. North End Station. Biteman noted that the dedication ceremony for the North End Fire Station• has been postponed because construction is not complete. Angelo stated that it will be rescheduled for mid-July. West Hill Station. Biteman noted that citizens had expressed some safety concerns at the ground breaking for the West Hill Station. Angelo noted that fencing curbing. and a built-in protection screen were alternate bids to be considered later. The Planning Department urges that the curbing be added and the safety factor would indicate that the fencing should be added to the project. These items would cost an additional $19 , 614 .75 including tax and could be taken from the existing contingency, depleting it by only 2% , leaving a 4% contingency. BITEMAN MOVED to add Alternates #41 6, and 9 as described above to the Kosmo contract, at a cost of $19 , 614 .75 . Mann seconded and the motion carried. PARKS DEPT. (CONSENT CALENDAR ITEM 30) City Art Plan. ADOPTION of Resolution No. 1207 amending the guidelines for development and implementation of the City Art Plan. Special Populations Resource Center Kitchen Renovation. Bids were opened on Friday, June 2 , for work associated with the kitchen renovation at the Special Populations Resource Center. Dowell noted that the bids had come in over budget, and asked that this item be pulled from the agenda to be discussed at a later time. There were no objections and it was so ordered. APPOINTMENTS (CONSENT CALENDAR ITEM 3D) Saturday Market Advisory Board. CONFIRMATION of the Mayor ' s appointment of Judie Sarff to the Saturday Market Advisory Board replacing Janette Nuss. The appointment will be effective immediately and continue through October 1990 . 12 June 6, 1989 APPOINTMENTS (CONSENT CALENDAR ITEM 3E) Library Board. CONFIRMATION of the Mayor' s appointment of Ted Ripley to replace Morgan Llewellyn. The appointment will become effective immediately and will be continued until December 31, 1992 . REPORTS Parks Committee. Dowell noted that the Parks Committee will meet at 3 : 30 p.m. on Wednesday, June 21st. ADJOURNMENT The meeting was adjourned at 9:35 p.m. �z� \ Marie Jens6n-r-�CMC City Clerk 13 .. ............. Kent City Council Meeting Date June 20, 1989 Category Consent Calendar 1. SUBJECT: VOTERS PAMPHLET PARTICIPATION . 2 . SUMMARY STATEMENT: Authorization for the City to participate in King County's regional voters pamphlet for the November 1989 election. Kent candidates and issues will be included in South King County pamphlet along with Federal, State and County candidates and issues. i 3 . EXHIBITS• None 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL'NOTE: Recommended Not Recommended 6. EXPENDITURE REOUUED: approximately $500 SOURCE OF FUNDS: audaeted item 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C Oil Kent City Council Meeting Date June 20 , 1989 Category Consent Calendar 1. SUBJECT: CORNUCOPIA DAYS cf 2 . SUMMARY STATEMENT: Adopt�Oil Resolution No. ��.® establishing a street use permit for the 1989 Cornucopia Days. The permit would be for July 13 , 1989 through July 16, 1989. 3 . EXHIBITS: Resolution 4. RECOMMENDED BY: June 15, 1989, Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCWPERSONNEL 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 RESOLUTION NO. AN RESOLUTION of the City of Kent, Washington, relating to Kent Cornucopia Days; granting a street use permit• to Kent Lions Club for a public festival; specifying terms and conditions for such street use. WHEREAS, Kent Cornucopia Days has been an annual festival celebrating the heritage of the Kent community; and WHEREAS, the Cornucopia Days festival continues to grow in size annually; and WHEREAS, Cornucopia Days is a result of the efforts of a number of private volunteers, citizens, civic groups, and nonprofit organizations; and WHEREAS, the City of Kent is not the sponsor nor operator of the Kent Cornucopia Days festival; and WHEREAS, it is appropriate to clarify the rights, responsibilities and relationships of those parties involved in the Kent Cornucopia Days' activities; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A street use permit is hereby authorized from Thursday, July 13, 9:00 p.m. until Sunday, July 16, 11:00 p.m. for the following described public areas and right-of-ways: (A) Meeker Street from 6th Avenue to Railroad Avenue (4th Avenue to remain open) , (B) 2nd Avenue from Meeker Street to Gowe Street, (C) lst Avenue from Smith Street to Titus Street (Gowe Street to remain open) , (D) 2nd Avenue from Gowe Street to Titus Street, (E) 2nd Avenue from Meeker Street to Smith Street for the purposes of Saturday Market. (F) Municipal parking lot between Smith and Harrison and 2nd and 4th Avenues; provided, however, that such closure shall be for the purposes of Cornucopia Carnival from 6:00 a.m. , Sunday, July 9, 1989 through 2:00 p.m. , Monday, July 17, 1989. (G) 4th Avenue from James Street (240th Avenue S.E.) to Saar Street for parade and parade assembly; and the two eastbound lanes of James Street from 1st Avenue to 4th Avenue; and First Avenue from Smith Street to James Street; provided, however, that such closure shall be for the purposes of the Cornucopia Parade on Sunday, July 16, 1989 from 10:00 a.m. until 4:00 p.m. Section 2. The street use permit provided in Section 1 above is granted to the Kent Lions Club (hereinafter referred to as the "User") . By this permit, the User is authorized to conduct a public festival on said public property and right-of-way, to erect booths, conduct lawful and licensed games, provide entertainment, operate or authorize food and beverage services, and conduct such other activities consistent with a public festival. Section 3. The permit granted hereby is conditioned upon User's satisfaction of the following conditions: 3.1. LICENSES AND TAXES. The User shall be liable for, and shall pay throughout the term of this use, all license and fees covering the business and activities conducted on the premises, and all unemployment insurance, social security, workers' compensation and other obligations applicable to its activities, and otherwise fulfill all fiscal obligations imposed by law or contract. 3.2. UTILITIES. The User, at the User's sole expense, shall provide, or shall otherwise pay for, when due, all costs for providing all utilities and other services and installation occasioned by the User's requirements. The City shall not be liable for any injury, loss or damage caused by the resultant from any interruption or failure of utility services due to any causes whatsoever, except the City's sole negligence. 3_3. LIABILITY. 3.3.1. Indemnification: The User shall indemnify and hold the City harmless from any and all claims, actions, and/or judgments whatsoever arising out of the use and occupation of said public property and right-of-way including claims arising 2 - by reason of accident, injury or death caused to persons or property of any kind unless caused by the City's sole negligence. 3.3.2. Assumption of Risk: The placement and storage of personal property on said public right-of-way shall be the responsibility, and at the sole risk, of the User. 3.3.3. Insurance: During the term of this permit and any extension thereof, the User shall secure and maintain a policy of standard form comprehensive general liability insurance with an insurance company licensed to do business in the State of Washington, providing protection and indemnification against any and all claims for injury to person or property or for loss of life, including the liability of the City for such to the User and any of the User's officers, employees and agents, and any liability of the User as such to the City, its officers, employees and agents, arising out of or in connection with the occupancy and use of the public right-of-way as well as any and all claims and risks in connection with any acts or omissions performed by User by virtue of the rights granted pursuant to this permit. Said policy limits shall be in the amount of one million dollars ($1,000,000) for injury to or loss of life of, any individual person; in the aggregate for personal injuries suffered in each occurrence; and for property damage suffered in each occurrence. Said policy must specifically name The City of Kent, its officers, employees and elected officials as additional insured parties thereunder and must stipulate that the coverages provided by said policy shall not be terminated, reduced, or otherwise changed in any respect without providing at least thirty (30) days prior written notice to The City of Kent. Notwithstanding any provision herein to the contrary, the failure of the User to comply with the provision of this section shall subject this Street Use Permit to immediate termination without notice and without recourse by any person in order to protect the public interest. 3.3.4. Adjustments of Claims: The User shall provide for the prompt and efficient handling of all claims for bodily injury, property damage or theft arising out of the activities of the User under this permit. The User agrees that all such claims, whether processed by the User or User's insurer, either directly or by means of an agent, will be handled by a person with a permanent office in the Kent-Seattle area. 3 - 3.4. USE AND CARE OF PREMISES. 3.4.1. General Condition: The premises shall at all times be kept in a neat, clean, safe and sanitary condition,and kept and used in accordance with the laws of the State of Washington and ordinances of The City of Kent, and in accordance with all authorized rules and regulations of the King County Health Department, Kent Fire Marshal, Kent Building Inspector, and other proper officers of The City of Kent, at the sole cost and expense of the User. The User shall not permit any waste, damage, or injury to the public property or right-of-way; shall not permit any objectionable noise or odor to escape or to be admitted from said public areas or permit anything to be done upon said premises that in any way will create a nuisance. 3.4.2. Alterations: The User shall not make, or cause to be made, any alteration, addition or improvement in said public right-of-way other than those authorized above without first obtaining the written consent of the City for such work. 3.4.3. Access: The City reserves for itself, its officers, employees, agents and contractors, free access to said premises at all reasonable times for the purposes of emergency response and other public safety demands, in cleaning, or other City responsibilities. 3.5. NON DISCRIMINATION. The User shall comply with all federal, state and local laws and ordinances prohibiting discrimination in employment or public accommodation with regard to age, sex, race, color, creed, national origin, or physical or mental handicap. 3.6. RELATIONSHIP. In no event shall the City be construed, or held to have become in any way or for any purpose a partner, associate, or joint venturer of the User or any party associated with the User in the conduct of the User's activities relating to Cornucopia Days. This permit does not constitute the User the agent or legal representative of the City for any purpose whatsoever. 3.7. AMENDMENTS. The City expressly reserve the right to amend the terms of this permit from time to time as may be necessary to preserve the public health, safety and welfare. Provided, however, that no amendment, alternation or modification of the terms or conditions of this permit shall be valid and binding unless made in writing to the User within fourteen (14) - 4 - days of the effective date of said amendment, alternation or modification. 3.8. NO WAIVER OF DEFAULT. The City does not waive full compliance with the terms and conditions of this permit by acceptance of the permit fees. No waiver of default by the City of any of the terms, covenants and conditions hereof to be performed, kept and observed by the User shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party. 3.9. SURRENDER OF PREMISES. At the expiration or termination of this permit, including any extensions thereof, whichever is earlier, the User shall quit and surrender said premises, without notice and in as good condition as received at commencement of the term, ordinary wear and tear uncontrollable by the User excepted. 3.10. ADJUDICATION. 3.10.1. Jurisdiction: This street use permit shall be construed under all the applicable laws, statutes, ordinances, rules and regulations of the United States, State of Washington, County of King and the City of Kent in case of a dispute between the parties. 3.10.2. Costs and Attorney Fees: If, by reason of any default or breach on the part of the User in the performance of any of the provisions of this permit, a legal action is instituted, the User agrees to pay all reasonable costs and attorney fees in connection therewith. In the event of any legal action brought under the terms of this permit may be in King County, Washington. 3.11. The User shall not interfere with the City's maintenance and use of the right-of-way, or the operation of the Kent Saturday Market or other licensed businesses and premises. The User shall also be responsible for obtaining necessary permits for use of property administered by the Department of Parks and Recreation. 3.12. The City of Kent, its agents and employees, will perform no maintenance, repair work of any kind on User's installations, equipment, or appurtenances without first obtaining - 5 - permission from the User. Provided, however, the City may perform such maintenance, repair or work in an emergency. 3.13. INVALIDITY OF PROVISIONS. Should any term, provision, condition or other portion of this permit be held to be inoperative, invalid or void, the same shall not affect any other term, provision, condition or other portion of this permit; and the remainder of this permit shall be effective as if such term, provision, condition or portion had not been contained herein. Section 4. FEES AND CHARGES 4_1. FEE. The fee for the above identified permit shall be twenty-five dollars ($25.00) payable in advance to the City Treasurer at Kent City Hall, 220 4th Avenue South, Kent, Washington 98032-5895 on or before July 6, 1989, plus five percent of gross receipts from street fair booth sales, not to exceed five hundred dollars ($500.00) payable to the City Treasurer on or before September 22, 1989. ". AUDIT. The User shall permit the City, as City deems necessary, to inspect and audit in Kent, Washington at any and all reasonable times, all pertinent books and records of the User and any subcontractors or other person or entity that is in connection with, or related to the User under this permit to verify the accuracy of accounting records, including trust accounts if any; and shall supply City with, or shall permit the City to make, a copy of any books and records and any portion thereof, upon the City's request. 4.3. The User shall have the right to charge user fees or festival permits for the areas described in Section 1, above. The User shall also be granted the authority to charge user fees or festival permits to street vendors and merchants within two blocks of the area described in section 1 above. The User's right to charge festival permit and user fees shall extend only for the term of this street use permit, and shall not apply to merchants and businesses with current business licenses within the areas designated herein. Section 5. An authorized representative of user shall execute an agreement with the City confirming acceptance of the conditions herein. The Mayor is authorized to execute said agreement and such other documents necessary to the administration of this ordinance. - 6 - Section 6. Two hour parking restrictions as provided in Chapter 10.06 Kent City Code are eliminated during the period of Cornucopia Days, and shall not be enforced during said period. Section 7. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and confirmed. 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 7370-260 - 7 - Kent City Council Meeting Date June 20. 1989 Category Consent Calendar 1. SUBJECT: INVESTMENT OF CITY PROPERTY TAX RECEIPTS6 - W:LdT1-CN- 2 . SUMMARY STATEMENT: Adopt!oResolution No. �� �r' relating to the investment of City property tax receipts in the custody of the County Finance Manager. roc � � � C� �i(,S � ci,�itit S Ct� ��t� i � S -�f i VVl t"\ mac__ C J S N i h t.' Y1 3 4 1C1+ t 1/-k i s L L 4 5 r �N\(�' A A L I f 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: June 15 1989 Operations Committee (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 Agend Item No. 3E RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to the investment of city property tax receipts in custody of King County finance manager. WHEREAS, as required by state law, the King County Finance Manager collects property taxes for and on behalf of the City of Kent; and WHEREAS, RCW 36.29.020 provides that the City Council may authorize and direct the King County Finance Manager to invest property tax receipts which are collected prior to the disbursement of such receipts to the City; and WHEREAS, the City of Kent has directed such investment and the State Court of Appeals has upheld the City's right to earn interest on money invested; and WHEREAS, the King County Finance Manager has proposed the automatic investment of city tax receipts in a manner set forth in a letter dated April 21, 1989, a copy of which is attached as _. Exhibit A and to make a lump sum payment retroactive to October 24, 1988; and WHEREAS, it is in the best interest of the citizens of the City of Kent that city tax receipts in the custody of the King County Finance Manager be invested in the manner proposed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The King County Finance Manger is authorized and directed to invest tax receipts in the manner proposed in the letter attached as Exhibit A. Section 2. The City shall accept a lump sum payment calculated according to the system proposed by the King County Finance Manager, retroactive to October 24, 1988, in complete satisfaction for all past claims for earnings on City tax receipts. Section 3. The City agrees to hold King County, its Finance Manger, and other officers and employees harmless from claims for damages or loss of funds resulting from investments made in accordance with the system proposed by the King County Finance Manager pursuant to the standard set out 1i_n{RCW 39.58.140. RESOLVED this day of \ 1989. 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 7350-260 2 - Exhibit A King COuniy Fin.ince Divis1O11 n Fnce of Financial Management 600 King Counly Administration Building 500 Fourth Avenue Seattle,Washington 98104 April 21, 1989 FINANCE MANAGER City of Kent 220 South 4th ��iZ Kent, WA 98032 n Ucirn8. Dear City Finance Officer: Ll� Y As you may know, the State Court of Appeals issued a decision last fall regarding interest earnings on property tax receipts. That case, Seattle, et al vs. King County, et al , has now become final . The general effect of this decision is that cities now have the right to earn interest on taxes collected for them by the County up to the date the taxes are disbursed. The purpose of this letter is to explain the way in which we intend to implement this decision. 1. Automatic Investment Earnings - In order to realize the greatest overall return and to minimize administrative burdens for all of us, we will combine all city tax receipts for investment with other residual County cash. We will then provide an automatic prorata distribution of the earnings to each fund at month end. In addition to increasing our mutual investment power, this will eliminate the need for you to give, and for us to receive, individualized investment directions. The formula by which earnings will be prorated is complex, but fair. It duplicates the formula agreed to between Seattle and the County for purposes of the litigation (see enclosure) . You should contact Garry Holmes of this office at 296-7333 if you would like a detailed explanation of the formula. 2. Investment Service Fee - The County will charge and deduct an investment service fee for all investments made pursuant to this letter as provided in RCW 36.29.020. This fee is 5 percent of the earnings up to a maximum fee of $50 per year for each transaction for each city. For purposes of computing the fee, all collections, deposits and investments for each city on a given day will be considered a single transaction. 3. Retroactive Earnings - Subject to and upon receipt of appropriation authority from the County Council , we will make a lump sum retroactive payment to all cities which have elected to participate in this system. The payment will represent the earnings which would have accrued under the formula between October 24, 1988 (the date of the court decision) , and the date the new automatic system is fully implemented. Retroactive payments will be made only to those cities from which a resolution as described below has been received . City Finance Officer April 21, 1989 Page 2 4. Resolutions - Each city wishing to participate in the system described above must adopt a resolution which: 1. References and adopts the terms of this letter, 2. Directs investment according to the terms of the letter, 3. Accepts the lump sum payment in satisfaction of all claims for earnings on tax receipts. 4. Expressly holds the County harmless from any damage or loss of funds resulting from investments made pursuant to this letter. I have enclosed a draft resolution for your consideration which contains the elements required. Cities which have previously adopted resolutions which do not contain the above elements must submit either a new or an amended resolution containing the required elements. The effective date for beginning the interest earnings calculation will be October 24, 1988 for those cities from which we have received a resolution by June 30, 1989 . Resolutions received after June 30, 1989 will be effective on the date received. I believe the system described above will work smoothly and fairly, although I anticipate there will be some period of adjustment necessary. If you have any questions on how the system will operate, please contact Scott Matheson, Cash Management Supervisor, at 296-7310 or me at 296-7326. Sincerely, D. Lee Dedrick Finance Manager DLD:ja Enclosures r • w w w w w w w w m51 w 9 w O o o ee N r �i P ti Q O 6 s T -CL m S s Y M ~ P O m m0 m � C S O c 6 o O O O C ry O :- ^ m N O O • N J >O S J J N < d J F e O r C b O J O r p N O • d e K ^ r--. O v m + O Z r i n J O N P ti m Z N N O m O ^ ~ O O y T m O O O U N A D rlr N A O O 2 O Il O fl O ^ m J O O v ^ v m P P a N 9 A N P O N K O Z t d c C O < 4 y0i O O O N yr O O O O O Vr O m R lf•r u 4 ^ w O j � O t ^ T 4 P� rr rr rr N m rr r� r• m rr �� M M N Gn O P r m m o u April 20, 1989 RESOLUTION NO. A RESOLUTION of the City Council of the 1 City of Washington relating to the investment of 2 city property tax receipts in custody of the county finance manager. 3 4 WHEREAS, as required by state law, the King County Finance Manager 5 collects property taxes for and on behalf of the City of 6 and 7 WHEREAS, RCW 36.29.020 provides that the City Council may authorize and 8 direct the King County Finance Manager to invest property tax receipts 9 which are collected prior to the disbursement of such receipts to the city, 10 and 11 WHEREAS, the King County Finance Manager has proposed the automatic 12 investment of city tax receipts in a manner set forth in a letter dated 13 April 21, 1989, a copy of which is attached as Exhibit A and to make a lump 14 sum payment retroactive to October 24, 1988, and 15 WHEREAS, it is in the best interest of the citizens of the city of 16 that city tax receipts in the custody of the King 17 County Finance Manager be invested in the manner he has proposed; 18 NOW, THEREFORE, 19 The city council of the city of Washington, 20 hereby resolves as follows: 21 Section 1. The King County Finance Manager is authorized and directed 22 to invest tax receipts in the manner proposed in the letter dated 23 , a copy of which is attached as Exhibit A. 24 Section 2. The city shall accept a lump sum payment calculated 25 according to the system proposed by the King County Finance Manager, 26 retroactive to October 24, 1988, in complete satisfaction for all past 27 claims for earnings on city tax receipts. 28 Section 3. The city agrees to hold King County, its Finance Manager, 29 and other officers and employees harmless from any claims for damages or 30 loss of funds resulting from investments made in accordance with the system 31 proposed by the King County Finance Manager 32 RESOLVED this day of 1989. 33 CITY OF Kent City Council Meeting Date June 20, 1989 Category Consent Calendar 1. SUBJECT: LAKE FENWICK RESTORATION PROJECT, 2 . SUMMARY STATEMENT: Authorization to establish a budget of $65, 000 and transfer of funds from the unencumbered sewer funds to the Lake Fenwick Restoration Project. 3. EXHIBITS: Copy of Internal Budget Committee's information and excerpt from the Public Works Committee minutes 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONUL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $65 000 SOURCE OF FUNDS: Unencumbered Sewer Fund 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3F PUBLIC WORKS COMMITTEE JUNE 13, 1989 PRESENT: JON JOHNSON MARTY NIZLEK BERNE BITEMAN FRED SATTERSTROM JUDY WOODS TERRY MCALEER DON WICKSTROM MAY MILLER BILL WILLIAMSON LYLE PRICE GARY GILL JOHN MARCHIONE PUBLIC WORKS SUPERVISORS South King County Area Transportation Benefit District Wickstrom explained the agreement related to the City's participation in the development of a financial plan for formation of a Transportation Benefit District (TBD) . Participating agencies include Auburn, Renton, Tukwila, Kent, and King County. The Committee unanimously approved participation and authorization for the Mayor to sign the Agreement. Lake Fenwick Restoration - Allocation of Funds Wickstrom explained this project is one for which we have received Centennial Clean Water grant funds. The total project cost is about $240, 875; $65, 000 of that would come from the drainage utility funds with the remainder of the project supported from the grant. The project will enhance the water quality in Lake Fenwick and will be managed by the Parks Department. Wickstrom requested the $65, 000 be transferred from the unencumbered drainage utility funds for this project. The Committee unanimously approved. Transportation Improvement Board (TIB) Prospectus Wickstrom stated that TIB (formerly Urban Arterial Board) has a final allocation of $15 million for projects statewide. Kent has received grant offers from them for three projects: 1) 84th Avenue (180th to 192nd) to widen to a 5-lane facility. The project will be about $2 .9 million and TIB has offered a grant of $900, 000. Kent's matching funds would come from the drainage utility and formation of an L.I .D. 2) 256th & 104th Intersection Improvements - The project would construct a dedicated double southbound left turn lane plus a westbound right turn lane from 256th to go north on 104th and a northbound right turn lane from 104th Avenue to go east on SR 516. The project cost would be approximately $400, 000. TIB has offered City of Kent, Washington Kent City Council Meeting Date: June 1 1989 Category SUBJECT: Lake Fenwick Restoration SUMMARY STATEMENT: Authorization to establish a budget of $65, 000 and transfer funds from the unencumbered sewer funds to the Lake Fenwick Restoration project to provide for City' s share of project funding. EXHIBITS: Application for Federal Assistance RFECOMMENDED BY: NO X YES UNBUDGETED FISCAL/PERSONNEL 2 x Not Recommended y AL:D�'DONNE � NOTE: Recommended� The CIP 50 000 is scheduled for the IQQn Draina e Uti;us an it Paddition 8r t w, i be moved up one year to 198511, ves The ltsc S 5 000 will_ be used from_ unencumbered ecommends moving the p oiect to 1989 and using reserves for the remaining S15 000. EXPE ^TTURE REQUIRED: $65, 000 SOURCE OF FUNDS• Unencumbered Sewer Funds CITY COUNCIL ACTION: Councilmember moves Councilmember seconds DISCUSSION• ACTION: DEPARTMENT OF PUBLIC WORKS June 21 1989 TO: ED CHOW FROM: DON WICKSTRO11 RE: LAKE FENWICK RESTORATION PROJECT Attached is a copy of the Committee Agenda Item sheet and Fiscal Analysis sheet for the Lake Fenwick Restoration project. $50, 000 was requested in the 1990 CIP for this project; however, due to the reduced contribution from the State Department of c will be required -to contribute an additional Ecology, the ity Ec5,ogy, The total funding is needed at this time and thus, if the this time the 1990 cIP request can be $65, 000 is approved at removed . you have any additional questions. Please let me know if cc: Helen Wickstrom �i City of Kent, Washington Fiscal Analysis Sheet Fund:nrai_ n___ aa?— Denart t:public Works Eggpo.osall Title (Ob�ecti ..e anA Cost) : Cost• $6_ 5� 00O City Funding Participation for Lake Fenwick Restoration Proposal Do��ription:_ tY of Lake Fenwick by This project will improve welleas enhance fishhabit t and fishery improving water thus clarity swimming and fishing uses of the opportunities; thus p Lake. ..a ..�...i vrinritieS: Egiationship to Cc ; � Taraet Issues and opera on This project will protect our investment i n the open natural and resource in accordance with City goals to provide park facilities to the Citizens of Kent. Fiscal Impact• The total cost of the project is $240, 875 . This cost includes estimated restoration costs of $234 ,500 as well as consultant grant negotiation and miscellaneous administrative costs of $6, 375.73$) EPA and State Department of Ecology are providing $175, 875 of the funding, requiring the City to provide $65, 000 (27%) . The request will have no impact on the General fund since all fundto s will be provided from the Unencumbered sewer e ted fromevenues the Sewer support the Unencumbered sewer funds are g and Drainage Utilities. i O tions and Alternatives: P roject a Not proceed with the t this time and risk loosing 73% of the project funding Kent City Council Meeting " Date June 20, 1989 Category Consent Calendar 1. SUBJECT: TIB-84TH AVENUE STREET IMPROVEMENTS (180th TO 192ND), 2 . As recommended by the Public Workp.-' c Commit ,tee uthorization for the Mayor to sign the Transportation Improvement Board prospectus for grant funding for this projects 3 . EXHIBITS: Copy of the IBC informatio and excerpt from the Public Works Committee minutes // i , 4 . RECOMMENDED BY: Staff I (Committee, Staff, Examiner, t, ommission, etc. ) 1 5. UNBUDGETED FISCAL PERSONNE IMPACT: NO YES FISCAL/PERSONNEL NOTE: Rec mmended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: t 7 . CITY COUNCIL ACTION: i Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3G PUBLIC WORKS COMMITTEE JUNE 13, 1989 PRESENT: JON JOHNSON MARTY NIZLEK BERNE BITEMAN FRED SATTERSTROM JUDY WOODS TERRY MCALEER DON WICKSTROM MAY MILLER BILL WILLIAMSON LYLE PRICE GARY GILL JOHN MARCHIONE PUBLIC WORKS SUPERVISORS South Kincl. County Area Transportation Benefit District Wickstrom explained the agreement related to the City' s participation in the development of a financial plan for formation of a Transportation Benefit District (TBD) . Participating agencies include Auburn, Renton, Tukwila, Kent, and King County. The Committee unanimously approved participation and authorization for the Mayor to sign the Agreement. Lake Fenwick Restoration - Allocation of Funds Wickstrom explained this project is one for which we have received Centennial Clean Water grant funds. The total project cost is about $240,875 ; $65, 000 of that would come from the drainage utility funds with the remainder of the project supported from the grant. The project will enhance the water quality in Lake Fenwick and will be managed by the Parks Department. Wickstrom requested the $65, 000 be transferred from the unencumbered drainage utility funds for this project. The Committee unanimously approved. Transportation Improvement Board (TIB) Prospectus Wickstrom stated that TIB (formerly Urban Arterial Board) has a final allocation of $15 million for projects statewide. Kent has received grant offers from them for three projects: 1) 84th Avenue (180th to 192nd) to widen to a 5-lane facility. The project will be about $2 .9 million and TIB has offered a grant of $900, 000. Kent' s matching funds would come from the drainage utility and formation of an L.I.D. 2) 256th & 104th Intersection Improvements - The project would construct a dedicated double southbound left turn lane plus a westbound right turn lane from 256th to go north on 104th and a northbound right turn lane from 104th Avenue to go east on SR 516. The project cost would be approximately $4001000. TIB has offered City of Kent, Washington Kent City Council Meeting Date June 20 1989 Category Consent Calendar 1. SUBJECT: TRANSPORTATION PROSPECTUS T SI IMPROVEMENT AVENUE BOARD SOTH TO 192ND AUTHORIZATION 2 . SUMMARY STATEMENT: TIg has requested the The Transportation Improvement Board 1989 �prospectus on this City prepare and submit by July 3 project. The project has been included in our Six Year TIP. and will construct a five lane section with drainage, landscaping, underground sidewalks, curb & gutter, lighting, There is adequate utilities, bridge improvements and signing. support for formation of an L.I.D. through L.I•o tau ing the This project was one which received citizen supp CIP meetings. Total Estimated Project cost _ $2 ,900, 000 $ 900, 000 TIB Grant $ 350, 000 Drainage Utility Participation $1, 650, 000 LID 3 . EXHIBITS. tation Improvement Board and TIP Copy of letter from Transpor material. 4 vs r n�rrrtFNDED BY Don Wickstrom 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES Not Recommended_ FISCAL/PERSONNEL NOTE_: Recommended 6. EXPENDITURE REQUIRED: $LIOD00, 000 SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION Councilmember moves, Councilmember seconds that staff be authorized to re are the ros ectus for the 84th Avenue 180th Street to 192nd Street.)ro ' ect as described a d the Ma or be authorized to si n same. DISCUSSION: ACTION: _ State of Washington rill, Transportation Imp_ roTransporvement Board 01yinpa, Wan Building 504 Otympia, Washington 98504 (206)753-7198 SCAN 234-7198 May 26, 1989 Mr. Don Wickstrom, PE Public Works Director City of Kent 220 - 4th Avenue south Kent, WA 98032-5895 Proposed Trans. Improvement Project Project No- 8-1-1O64th) Ave East Valley Hwy / 8 18Oth St to 192nd St City of Kent Dear Mr. Wickstrom: lye 1989 The Transportation Improvement Board (TIB) Kent its May of Kent to request Urban meeting took action that allows the cityrovement of the subject UATF) for the imp ram, Arterial Trust Funds ( our Six-Year Construction program, project as outlined in y Supplemental Section. The Board adopted rules in 1987 that revise the Novemcopiesber 9of edition i the rulesGuide-lines revised Urban sampleeprospectusrial amare attached the revsed for your review. scribe the process thst ,will be ured or quir The revised rules de study ed implementing value engineering (VE) . A VE udy will be e cost is over $1, 0001000 . on this project since the total project must be done prior to In accordance with the rule, the VE study If the project is TIB funding for the Preliminary Phase. approved for TIB funding, the expenses incurred fpro tostudy and the preliminary design necessary to bring the j 30% designed stage will be reimbursable. base of the project being considered for funding The first P engineering, right of way appraisals, right preliminary act analysis. only these includes p under the of way acquisition and enviibleenfor impact activities will be eligible preliminary phase authorization. i i Mr. Don Wickstrom, PE May, 26 , 1989 Page 2 fired on the type of A detailed explanation wllro ect.be reExplain in detail how the improvement Proposed for the p 7 s eed an project will a d pavement condition lleviate the operating P In preparing ou will be completing a revised project deficiencies identified as the selection criteria. the attached prospectus y requested estimate. This is used to determine the amount of funds to e programmed for this project. The total amount of UATF req Construction Program was $900, 000. in your Six-Year project request prospectuses for more The Board has estimated the available revenue for new starts. They have decided to rcan experienced projects (over-obligation) than can be funded without causing construction phase delay. in the past, projects that base held UATA funds unused delay in the design and right of way P roach to funding was months. This over-obligation approach between for many timely taken to promote competition for construction funding rocess, it is imperative that agencies and to allow use of the construction funds in a manner. Because of this funding region engineer to see when in contact with y project. you keep become available for your p j construction funds may Remember, the project that is submitted for construction funding first will be first in line to be funded. July 31 1989 to _. The preliminary prospectus should be rece1989 board meeting. if approval at the Auotherl8, 1 meeting dates, please be ready for app John Tevis at you have questions concerning engineer, Mr. do not hesitate to call y (206) 586-6263 . sincerely, ?xreorcutM yFay,ve Director JMF:gjc DIVE Attachment cc: John Tevis Bill Garing w Y. ..... Kent City Council Meeting Date June 20. 1989 Category Consent Calendar 1. SUBJECT: TIB-104TH AVENUE AND S .E. 256TH_STREET_INTERSECTION . IMPROVEMENTS , 2 . �SrUFII�IARY S NT _ As approved by the PubIi Works; Committee uthorization for the Mayor to sign the Transporta ion Improvement Board prospectus for grant funding for this project 1 f 3 . EXHIBITS: Copy of the IBC information and excerpt from the Public Works Committee minutes 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL I ACT: NO YES FISCAL/PERSONNEL NOTE: Recomm nded Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3H PUBLIC WORKS COMMITTEE JUNE 13 , 1989 JON JOHNSON MARTY NIZLEK PRESENT: FRED SATTERSTROM BERNE BITEMAN TERRY MCALEER JUDY WOODS MAY MILLER DON WICRSTROM LYLE PRICE BILL WILLIAMSON JOHN MARCHIONE GARY GILL PUBLIC WORKS SUPERVISORS South Kin Count Area Trans o ation Benefit District Wickstrom explained the agreement related to the City' s participation in the development of a financial plan for and King formation of a Transportation Benefit District (TBD) . Participatingount The include Auburn, Renton, Tukwila, Kent, Y• Committee unanimously approved participation and authorization for the Mayor to sign the Agreement. Lake Fenwick Restoration - Allocation of Funds M Wickstrom explained this project is one for which we have received Centennial Clean Water grant funds. The total project cost is about $240, 875 ; $65, 000 of that would come from th d from the e drainage utility funds with the remainder of the project support e project will enhance the water quality in Lake Fenwick grant. Th and will managed by the Parks Department. Wickstrom requested the $65, 000 be transferred from the unencumbered drainage utility funds for this project. The Committee unanimously approved. Transportation Improvement Board (TIB) Prospectus Wickstrom stated that TIB (formerly Urban Arterial Board) has a final allocation of $15 million for projects statewide. Kent has received grant offers from them for three projects: 1) 84th Avenue (180th to 192nd) to widen to a 5-lane facility. The project will be about $2 .9 million and TIB has offered a grant of $900, 000 . Kent' s matching funds would come from the drainage utility and formation of an L. I.D. 2) 256th & 104th Intersection Improvements - The project lus la construct a dedicated double southbound left turnAvenue ane and a i�estbound right turn lane from 256th to g on SR 516. Rorthbound right turn lane from imately $400 , OOO. TIB has offered The project cost would be app Public Works Committee June 13 , 1989 Page 2 a grant of $200,000 . Kent' s matching fund would come from commitments from development in the area. 3) Central Avenue Improvements (Willis to Smith) - The project consists of widening Central and constructing a right turn lane at Central and Gowe to allow west bound traffic to turn north on Central. The project is approximately $1, 516, 000. TIB has offered a grant of $1, 000, 000. Kent' s matching funds would nom from drainage utility funds; WSDOT overlay p P and a reallocation of 1991 CIP funds from the 84th Avenue project. The Committee unanimously approved the Mayor' s signature on the prospectus for these grant offers. Property Exchanue - Union Pacific Realty Wickstrom explained that when the property was rezoned from MA to M1, the owners had to deed right of way along 64th Avenue from 216th to 212th plus extra right of way for a future drainage channel. In working with the Fisheries department on the lagoon, it may be possible to put the outlet into an existing channel on the west side of the lagoon. Union Pacific is willing to trade the equivalxchange for release of rightnt of therightw alongay channel of wayalong 64th. Thecommitteeeunanimously approved the exchange. L.I.D. 330 ue Improvements - Interim Financinu Wickstrom stated the original approval for interim financing was just for right of way acquisition. We now need to hire consultants for design of the signal system for the project which will be approximately' $49, 000. Wickstromrequested the interim financing be amended to include funds for the signal design. The Committee unanimously approved. L.I.D. 330 - 64th Avenue Improvements Williamson stated he had previously prepared a statement as to how the Public Works Committee could accept the Environmental Task Force report without interfering with the SEPA process. After meeting with Sandra Driscoll and Dan Stroh of Planning, Williamson stated he felt the committee should not make a recommendation to Council but rather to the city' s SEPA official, Jim Harris. Based on this, Will presented the action (copy attached) on which he would recommend Committee approval. The Committee approved Williamson's recommendation. City of Kent, Washington Kent City Council Meeting Date June 20 1989 Category Consent Calendar 1, SUBJECT: - AUTHORIZATION TRANSPORTATION IMPROV104TH AVENUE ANDEMENT BOARD SSEE.rU256TH INTERSECTION FOR MAYOR TO SIGN 2 . SUMMARY STATEMENT: has requested the The Transportation Improvement Board 19898)prospectus on this City prepare and submit by July 31 project. The project has been included in our Six Year TIP. The project would add a double southbound left turn lane at the intersection as raffic signal ell asnorthbound ions. Matching turn nfunds provide necessary provided through developer for the project would be p commitments. Total Estimated Project Cost - $250, 000 $200, 000 TIB Grant 50, 000 Matching City Funds (Developer Commitments) $ 3 . EXHI______B_ITS_ -- rtation Improvement Board. Copy Copy of letters from Transpo of TIP material. 4 . RECOMMENDED BY: Don Wickstrom PERSONNEL IMPACT: NO 5. UNBUDGETED FISCAL __X__ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended,_ 50, 000 6 . EXPENDITURE REQUIRED: $Developer Commitments SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION Councilmember moves, Councilmember seconds for the that staff be authorized to re are h h Street e Intersection 104th Avenue S .E. and S.E. Improvement ro 'ect as described and the Ma or be authorized to sign same._ DISCUSSION: 1 ACTION: j r State of Washington rJTransportation ImprovementBoard CITY OF NTH" Transportation Building XF-01 Olympia, Washington 0504 MAY 3 0 1989 (206)753-7198 SCAN 234.7198 F-NGINF.FR!NG nFPL May 26, 1989 Mr. Don Wickstrom, PE Public Works Director City of Kent 220 - 4th Avenue South Kent, WA 98032-5895 Proposed Trans. Improvement Project Project No. 8-1-106 (21) 104th Avenue (SR 515) SE 256th Street Intersection City of Kent Dear Mr. Wickstrom: The Transportation Improvement Board (TIB) at its meeting on May 19 , 1989 took action that allows City of Kent to request ent of the Urban Arterial Trust Funds (UATF) fourthsix-YearVemconstruction _. subject project as outlined in y Program, Supplemental Section. The Board adopted rules in 1987 that revise the November 1985 rial Progr . thetirevisedhrulesdandnaopies of s revised for bsample an eprospectusamare Cattached for your review. being considered for funding The first phase of the project includes preliminary engineering, right of way appraisals, right of way acquisition and environmental impact analysis. Only these activities will be eligible for reimbursement under the preliminary phase authorization. ed pe of A detailed explanation will be requDlo how ththetyproject improvement proposed for the project. Detail and high aaaidet will alleviate the operating p preparing the rate identified as the selection criteria. In ill be completing arevised project attached prospectus you w estimate which will be used to determine the amount of funds to be programmed for this project. The total arouect wasnt u$200a000n your. Six-Year Construction Program for this p j Mr. Don Wickstrom, PE May. 26, 1989 - Page 2 new project est prospectuses for more The Board has estimated the available revenue or be funded without starts. They have decided than canucurrent. pro: that projects (over-obligation) in the past, P UATA base delay. right of way phase held to causing construction P n and rig ation approach experienced delay in the design oblig months. This over-obligation funding funds unused for many promote competition for funding was taken to P it is imperative between agencn a ies. This allows use of the funds When b Because of this funding P our region engineer to see timely manner. the project that you keep in contact with y Remember, construction funds may become available, first will be first in that is submitted for construction funding line to be funded. July 3r 1989 to ectus should be received by if The preliminary Prosp ust 18, 1989 board meeting- if for approval at the Aug dates, please be ready questions concerning other board meeting Tevis at you have q our region engineer, do not hesitate to call y 586-6263 . Sincerely, •� J r M. Fay, PE Executive Director JMF:gjc D1 Attachment cc: John Tevis Bill Garing i 1 K nt City Council Meeting ate June 20, 1989 1� Category Consent Calendar 1. SUBJECT: TIC AVENUE IMPROVEMENTS (WILLIS TO SMITH) 2 . S -_ A�._�proved by__t�e Public'Wor _ o ittee uthorization for the Mayor' to sign`the /' a ion Improvement Board pros6ectus for gr t funding f'or this,project r 1 3 . EXHIBITS: Copy of the IBC information and excerpt from the Public Works Committee minutes 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONI*L 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. 3I Public Works Committee June 13 , 1989 Page 2 a grant of $200, 000 . Kent' s matching fund would come from commitments from development in the area. 3) Central Avenue Improvements (Willis to Smith) - The project consists of widening Central and constructing a right turn lane at Central and Gowe to allow west bound traffic f to turn north on has offered Central. The project is approximately $1, a grant of $110001000 . Kent' s matching funds would come from drainage utility funds; WSDOT overlay participation and a reallocation of 1991 CIP funds from the 84th Avenue project. The Committee unanimously approved the Mayor' s signature on the prospectus for these grant offers. Property Exchange - Union Pacific Realty to Wickstrom explained that when the property ion rezonedas 64th Av nueMfrom M1, the owners had to deed right of way for ga future drainage 216th to 212th plus extra right of way channel . In working withput the outlet into department existing the channellagoon, on it may be possible to pnion Pacific is to trade the the west side of the lagoon• the drainage channellin exchange for equivalent right of way along release of the right of way along 64th. The Committee unanimously approved the exchange. L.I.D. 330 - 64th Avenue Im rovements - Interim Financing Wickstrom stated the original approval for interim financing hire was just for right of way acquisition. We now need nal system for the et which consultants for design o49FOOO.the g Wickstrom request d the interim will be approximately' $ financing be amended to include funds for the signal design. The Committee unanimously approved. I, I D 330 64th Avenue Improvements Williamson stated he had previously prepared a statement as to how the Public Works Committee could accept the Environmental Task Force report without interfering with the SEPA process.Williamson meeting with Sandra Driscoll and Dan Stroh of Planning, to stated he felt the Committee should not make a recomm Jim Harris.Council but rather to the city' s SEPA official, on this, Williamson presented the action (copy attached) on which approval. The Committee approved he would recommend Committee Williamson' s recommendation. City of Kent, Washington Kent City Council Meeting Date June 20 1989 Category Consent Calendar 1. SUBJECT: TRANSPORTATION IMPROVEMENT FOR MAYOR TO SIGN - CENTRAL AVENUE WILLIS TO SMITH HORIZATION 2 . SUMMARY STATEMENT: The Transportation Improvement Board (TIB) has requested the City prepare and submit by July 3 , 1989 prospectus on the Central Avenue (Willis to Smith) Improvement project. The project has been included in our Six Year TIP and will widen . Central and provide northbound right turn lane at entryl and the Gowe, storm drainage and channelization. To provide city's matching funds for this project, it is proposed to reallocate the $250, 000 approved in the CIP for 1991 for the East Valley Highway (192nd to 180th) project to this project. In addition, the State will be providing funds for the overlay portion of the project. There will also be contributions from . the Drainage Utility and Water Utility as well as formation of an L.I.D. Total Estimated Project Cost - $1, 516, 000 $1, 000, 000 TIB Grant $ 250, 000 Reallocation of CIP Funds - State Overlay Funds - Remaining Drainage Utility Participation - Water Utility Participation - L.I.D. Formation - 3 . EXHIBITS• Copy of letters from Transportation Improvement Board and TIP material. 4 . RECOMMENDED BY; Don Wickstrom 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended X Not Recommended_ Because of the significant amount of matching funds ($1, 000, 000) and the high priority the Council gives to this project (Target Issues 1J, 1L, 1M, and 1N) , the IBC recommends the reallocation of funds. ($1, 000, 000 TIB, $110, 000 DOT overlay, $250, 000 1991 CIP reallocation, $156 , 000 Utility participation) - $516, 000 of CIp funds; State 6. �n�,an7TiJRE RE4UIRED: Reallocation e Utility SOURCE OF FUNDS . Overlay funds, Drainage participation, 'water foyationty participation, L•I•D' 7 , CITY COUNCIL ACTION seconds moves, council-member os�— o t e Councilmember a e a e t e a to s s e utho to t t st or be autho o ' ect s described a d t e Ma DISCUSSION: ACTION: State of Washington Transportation ImprovementBoard Olympia, Washington 98504 (206)753-7198 SCAN 234-7198 May 26, 1989 Mr. Don Wickstrom, PE Public Works Director City of Kent 220 - 4th Avenue South Kent, WA 98032-5895 Proposed Trans. Improvement Project Project No. 8-1-106 (22) SR 516 / Central Avenue Willis St to Smith St City of Kent Dear Mr. Wickstrom: 1989 at its May 19, The Transportation Improvement Board (TIB request meeting took action that citimy of the subject rovement of Kent to req Urban Arterial Trust Funds (Un TF) project as outlined in your Six-Year Construction Program, Supplemental Section. copies of The Board adoGuidelines forlUrbanhArterialeProgram the ovembep 198 edition of the prospectus are attached the revised rules and a revised sample p for your review. for process that will be used A VE study will be required The revised rules describe the p 1 000, 000. implementing value engineering (VE) . ro ect since the total project cost is over $ ' rior to on this p j the VE study must bthe°nproject is In accordance with the rule, TIB funding for the Preliminary Phase. If the approved for TIB funding, the expenses incurred fpro project tostthe and the preliminary design necessary to bring the p j 30% designed stage will be reimbursable. base of the project being considered for funding The first P en ineering, right of way appraisals, these includes prht eliminary g act analysis. only the of way acquisition and environmental imp under activities will be eligible for reimbursement preliminary phase authorization. Mr. Don Wickstrom, PE May 26 , 1989 Page 2 required on the type of explanation will boa ect. Explain in detail how the p, detailed p and high improvement proposed for the p j speed deficiency project will alleviate the operating P In preparing ou will be completing a revised project accident rate identified as the selection criteria• to be the attached prospectus y oThe total amount of UATF requested estimate. This is used to determine the amount of funds programmed for this project- was $1+000+ 000 . in your Six-Year Construction Program ro ect est prospectuses for more The Board has estimated the available revenue for new p starts. They have decided to requcausing r-obligation) than can be funded projects (ove past, projects that without experienced construction phase delay. In the delay in the design and right of. way phase held h to funds unused for many months. This over-obligation approach to funding was taken to promote competition for construction funding between timely rocess, it is imperative that agencies and to allow use of the construction funds in a manner. Because of this funding ing region engineer to see when you keep in contact with yproject- construction funds , may become available for your Remember, the project that is submitted for construction funding first will be first in line to be funded. board meeting.1989 to The preliminary prospectus should be received by July If he August 18 , 1989 ting• lease be ready for approval at t other board meeting dates, P you have questions concerning engineer, Mr. John Tevis at do not hesitate to call (206) 586-6263 . Sincerely, e Fay, PE Executive Director JMF:gjc DIVE Attachment cc: John Tevis Bill Garing Kent City Council Meeting (� Date June 20. 1989 \ Category Consent Calendar J. SUBJECT: PROPERTY EXCHANGE - UNION PACIFIC REALTY 2 . �4ARY -----/As- .approved by the Public Works ' --- T Committee;, uthorization for the staff to proceed with the property exchange and authorization for the Mayor to sign the necessary papers effecting same, n, 3 . EXHIBITS: Copy of the IBC information and excerpt from the Public Works Committee minutes 4. RECOMMENDED BY: Staff (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 Public Works Committee June 13 , 1989 Page 2 a grant of $200, 000 . Kent' s matching fund would come from commitments from development in the area. 3) Central Avenue Improvements (Willis to Smith) - The project consists of widening Central and constructing a right turn lane at Central and Gowe to allow west bound traffic to turn north on Central. The project is approximately $1,5161000. TIB has offered a grant of $1, 000, 000. Kent' s matching funds would come from drainage utility funds; WSDOT overlay participation and a reallocation of 1991 CIP funds from the 84th Avenue project. The Committee unanimously approved the Mayor' s signature on the prospectus for these grant offers. Property Exchange - Union Pacific Realty Wickstrom explained that when the property was rezoned from MA to M1, the owners had to deed right of way along 64th Avenue from 216th to 212th plus extra right of way for a future drainage channel . In working with the Fisheries department on the lagoon, it may be possible to put the outlet into an existing channel on the west side of the lagoon. Union Pacific is willing to trade the equivalent right of way along the drainage channel in exchange for release of the right of way along 64th. The Committee unanimously approved the exchange. L.I.D. 330 64th Avenue Improvements - Interim Financing Wickstrom stated the original approval for interim financing was just for right of way acquisition. We now need to hire consultants for design of the signal system for the project which will be approximately' $49, 000. Wickstrom requested the interim financing be amended to include funds for the signal design. The Committee unanimously approved. L.I.D. 330 - 64th Avenue Improvements Williamson stated he had previously prepared a statement as to how the Public Works Committee could accept the Environmental Task Force report without interfering with the SEPA process. After meeting with Sandra Driscoll and Dan Stroh of Planning, Williamson stated he felt the Committee should not make a recommendation to Council but rather to the city' s SEPA official , Jim Harris. Based I on this, Williamson presented the action (copy attached) on which he would recommend Committee approval. The Committee approved Williamson' s recommendation. City of Kent, Washington Kent City Council Meeting Date June 20 1989 Category Consent Calendar 1. SUBJECT_ Property Exchange - Union Pacific Realty 2 . SUDuiARY STATEM�FNT:: As part of the original rezone of this property to industrial zoning, the City required the property owner deed right of way on 64th between 212th and 216th for a proposed drainage channel. It now appears the drainage channel will be constructed further west of this property in an alignment with the existing Drainage District #1 drainage channel. As such, release the excess Union Pacific wants us to right equivalent drainage along 64th Avenue in return for an drainagechannel right of easement paralleling the existing way. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Don Wickstrom 5. R+ r /PERSONNEL IMP C NO X YES UNBUDGE ED FISCA FISCAL/PERSONNEL NOTE: Recommended Not Recommended_ 6. EXPENDITURE REQUIRED: None SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION moves Councilmember seconds Councilmember , the exchange be approved and the Mavor be authorized to sign the necessary papers effecting same. DISCUSSION: ACTION: Kent City Council Meeting Date June 20. 1989 Category Consent Calendar 1. SUBJECT: LID 330 - 64TH AVE. IMPROVEMENTS 2 . SUMMARY STATEMENT: Authorization to a end the interim financing for LID 330 to include funds the signal design work. 3 . EXHIBITS: excerpt from the Public Works Committee minutes 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. 3K Public Works Committee June 13 , 1989 Page 2 a grant of $200, 000 . Kent' s matching fund would come from commitments from development in the area. 3) Central Avenue Improvements (Willis to Smith) - The project consists of widening Central and constructing a right turn lane at Central and Gore to allow west bound traffic to turn north on Central. The project roxmately $1 51,, 00o. TIB has offered 0 . app Kents matching funds would come from a grant of $1, 000, 000 participation and a drainage utility funds; WSDOT overlay P ro ect. reallocation of 1991 CIP funds from the 84th Avenue p j The Committee unanimously approved the Mayor' s signature on the prospectus for these grant offers. property Exchange - Union Pacific Realty Wickstrom explained that when the property was rezoned from MA to M1, right of way along 64th Avenue from the owners had to deed of way for 216th to 212th plus extra right r a future drainage channel. In working withput the the outlet into an texistingment on tchannelhe oon it may be possible to pon Pacific is to trade the the west side of the lagoon. the drainage hannellin exchange for equivalent right of way along release of the right of way along 64th. The Committee unanimously approved the exchange. L I D 330 64th Avenue Improvements Interim Financing original approval for interim financing was Wickstrom stated thesitio way acquin. We now need to hire just for right system for the consultants for design of the signal e project which will be approximately' $49 , 000. Wickstrom ; requested the interim financing be amended to include funds for the signal design. The 1 Committee unanimously approved. L.I.D. 330 - 64th Avenue Im rovements Williamson stated he had previously prepared a statement as to Task how the Public Works Committee could accept the Environmental After ' Force report without interfering with the SEPA process.Williamson meeting with Sandra Driscoll and Dan Stroh of Planning, to stated he felt the Committee should not make a J m Harrisatigased Council but rather to the city' s SEPA offic�ioal, attached) on which on this, Williamson presented the action (copy roved he would recommend Committee approval. The Committee app Williamson' s recommendation. { .M i City of Kent, Washington Kent City Council Meeting Date June 20 1989 Category Consent Calendar 1. SUBJECT: L.I.D. 330 - Amend Interim Financing 2 . SUMMARY STATEMENT: interim financing was established to proceed with In April, ect. In order right of way acquisition for this o roceed with thetsignal this project on track, we need to p designs. We will be contracting with a consultant for the design of the signal system at 64th & S. 228th; 64th & James Street; 64th and Meeker and 64th & S . 212th for a cost not to exceed $48 , 888 . It is ested the terim financing design. LID be amended to include funding for the signal des 3 . EXH�S: Copies of consultant contracts 4 . RECOMMENDED BY: Don Wickstrom 5. UNBUDGETED FISCAL/PERSONNEL IMPACT NOS_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended_ 6. EXPENDITURE REQUIRED: $48 ,888 SOURCE OF FUNDS- Interim Financing LID 330 7 . CITY COUNCIL ACTION Councilmember movest Councilmember _seconds the interim financina for LID 330 be amended to include $48 888 for sianal desian work. DISCUSSION: ACTION: Kent City Council Meeting Date June 20 , 1989 Category Consent Calendar 1. SUBJECT: LID 331 - S.E. 240TH ST. IMPROVEMENT. •asc—r•vx L�----"""` 2 . UMMARY STATEMENT: As approved by the Public Works Committel, uthorization for the NTayor to sign agreeme—ri�wi Puget Power or undergrounding of LID 331 S.E. 240th St. project 3 . EXHIBITS: excerpt from the Public Works Committee minutes 4 . RECOHMENDED 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. 3L Public Works Committee June 13 , 1989 Page 4 - S.E. 240th St eet Im ovemen�puqet Power A ree ent . L I.D. 33 rounding agreement with Puget is for underg Wickstrom explained the ag approved the within the project area. The cost of $63,836. 20 has been include in the project budget. The Committee unanimously PP ture on the Agreement. Mayor' s signa Budaet Review The Committee proceeded to review the 1990 Public Works budget proposal. 1 1 '1 City of Kent, Washington Kent City Council Meeting Date June 20 1989 Category Consent Calendar 1. SUBJECT: L.I.D. 331 - S.E. 240th Street Improvement Undergrounding Agreement with Puget Power 2 . SUMMARY STATEMENT: Puget Power has submitted an agreement to the City for undergrounding of the power system on S.E. 240th in conjunction with ,the City' s L.I.D. 331 - S.E. 240th Street Improvement project. The costs for said work are estimated to be $63 , 836.20 which have been included in the project financing. It is proposed the Mayor be authorized to sign the agreement with Puget Power. 3 . EXHIBITS: Copy of agreement. 4 . RECOMMENDED BY: Don Wickstrom 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended_ 6. EXPENDITURE REQUIRED: $63 ,836.20 SOURCE OF FUNDS: LID Funds 7 . CITY COUNCIL ACTION Councilmember moves, Councilmember seconds the Mayor be authorized to sign the agreement with Puget Power for undergrounding of L.I D. 331 - S E. 240th Street project. DISCUSSION: ACTION: t�f Kent City Council Meeting Date June 20, 1989 Category Consent Calendar �7 1. SUBJECT: EAST VALLEY ZONING IMPLEMENTATION NO. CPZ-89-1,W( 2 . SUMMARY STATEMENT: / Ordinance No. '• � appdd� Resolution No. approving the East—Valley zoning U./implementation No. CPZ- -1 including zoning code text amendment and application of zoning as recommended by the Planning Commission. At the City Council meeting of April 4 , 1989 this matter was -•remanded to the Planning Commission, and heard again by the C/ Commission on June 19. 3 . EXHIBITS: Ordinance No. , Resolution No. , Planning Commission findings and conclusion, staff memo, Planning Commission minutes (January 30, February 13, March 20, 1989) East Valley Zoning Study, staff memo dated March 20, 1989 , traffic summary, City Council minutes of April 4, 1989 4 . RECOMMENDED BY: Planning commission,.. June 19_ 1989 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance No. and Resolution No. DISCUSSION• ACTION: Council Agenda Item No. 3M I I J tJt y , I 1 ORDINANCE NO. I AN ORDINANCE of the City of Kent, Washington, relating to land use and zoning, creating a Gateway Commercial (GWC) district II establishing a new Section 15.04.195. I THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES ! HEREBY ORDAIN AS FOLLOWS: I I IIi Section 1. The Kent City Code is amended to establish Ilnew Section 15.04.195 creating the Gateway Commercial (GWC) idistrict as follows: jl 15.04.195. GATEWAY COMMERCIAL (GWC) ..DISTRICT. It is the Ilpurpose of the Gateway Commercial District to provide retail ! ! commercial uses appropriate along major vehicular corridors while Itencouraging appropriate and unified development among the 1properties within its district. It is designed to create unique, Iiunified and recognizable streetscapes while ensuring land use ( compatibility and the exclusion of inappropriate uses. It is also intended to promote flexibility in appropriate areas of site ! design and to encourage mixed-use developments. it The Gateway Commercial district recognizes the !! significance of the automobile while simultaneously minimizing its II dominance in commercially-developed areas and avoiding unsightly Ilhighway strip-commercial development. Gateway Commercial's Idevelopment standards promote land uses which minimize physical and visual impacts normally associated with highway commercial ! developments. Landscaping, parking and sign standards have all been enhanced as compared to the current commercial and industrial ; zoning districts. These standards will promote a viable, unique and recognizable commercial area along East Valley Highway. Moreover, the Gateway Commercial district will encourage the development of commercial uses capable of benefitting and ensuring ! the long-term enhancement of properties throughout the study area. i, I I I, i, i, i i Ij A. Principally Permitted Uses. 1. Retail establishments wherein all sales, �Istorage, display occur within enclosed buildings. Such uses i include the sale of food, clothing, furniture, appliances, hardware and similar "hard" and "soft" goods. 2. Personal services such as barber and beauty shops, shoe and clothing repair, funeral and crematory services, Illaundering and dry cleaning and photographic studios. 3. Office uses and professional services such as medical, dental and optometric offices, legal, architectural, engineering, real estate, banking and financial services and similar uses. 4. Business services such as blueprinting, ( photocopying, advertising and consulting services and similar uses I I 5. Restaurants, taverns and nightclubs, provided ( that, any restaurant with drive-in or drive-through facilities shall be located a minimum of 1000 feet from any other drive-in restaurant use. l6. Repair services wherein all repair and storage occurs within an enclosed building. Such uses include radio, television and small appliance repair, watch, clock and jewelry ( repair and similar uses but not automotive or vehicular repair. 7. Educational services and facilities such as art and music schools, barber and beauty schools and business schools. 8. Miscellaneous services such as animal grooming parlors, business, civic, social and fraternal associations, welfare and charitable services, and veterinary clinics and animal ,( hospital services when located no less than one hundred fifty (150) feet from any residential use, provided the animals are housed indoors and the building is soundproofed. 9. Hotels and motels. ii ii 10. Cultural, entertainment and recreational I Ilfacilities including art galleries, museums, motion picture litheaters, video arcades, athletic clubs, bowling alleys and lenclosed skating rinks. 1 11. Governmental offices and facilities, except for i1such uses and buildings subject to Section 15.04.200. 12. Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy. Accessory buildings for existing dwellings may be constructed. Such buildings include !! garages, carports, storage sheds and fences. I l - 2 - I �,1 i I II i' 13. Crop and tree farming. III 14. Any other use that is determined by the j, Planning Director to be the same general character as the above I permitted uses and is in accordance with the stated purpose of the ,. district. 'I � B. Special Permit Uses. The following uses are permitted provided that they 1conform to the development standards listed in Section 15.08.020. I 1. Churches. li2. Nursery schools and day care centers. C. Conditional Uses. 1. Gasoline service stations, automobile repair (excluding auto body repair) and car washes. 2. Multiple family dwellings as permitted in Section 15.04.050. 3. Public assembly facilities such as amphitheaters, arenas, auditoriums and exhibition halls. 4. General Conditional Uses as listed in Section 15.08.030. D. Accessory Uses. Accessory uses and buildings customarily appurtenant Ito permitted uses. Accessory uses shall include vehicular drive-through, drive-in or service bay facilities. E. Development Standards for Proposed Gateway ( Commercial District 1. Minimum lot. 10,000 square feet 2. Maximum site coverage. Forty (40) percent 3. Front yard. There shall be a front yard of at least fifteen (15) feet in depth. � 4. Side yard. A. A side yard of at least five (5) feet in depth shall be provided along the side property line(s) , except no side yard l shall be required between adjacent properties where a common, shared driveway with a i; perpetual cross-access easement is provided to ii serve the adjoining properties. B. Where a side yard abuts a residential district, a side I I - 3 i yard of at least twenty (20) feet shall be III provided. 5. Side yard on flanking street of corner lot. II Fifteen (15) feet. 6. Rear yard. A rear yard of at least five (5) feet in depth shall be provided, except when a rear yard abuts a residential district, then a rear yard of at least twenty (20) feet in depth shall be provided. 7. Height limitations. Three (3) stories or forty (40) feet. An additional story and/or building height may be added, up to a maximum of five (5) stories or sixty (60) feet, with one (1) additional foot of building setback for every additional foot of building height over forty (40) feet. 8. Vehicular drive-through, drive-in and service I bays. All vehicular drive-through, drive-in, service bay and similar facilities shall be designed so that such facilities, including vehicular staging or stacking areas, shall be oriented away from the adjacent street. Additional landscaping and/or fencing may be required to ensure visual screening of these facilities from the adjacent street or properties. 9. The landscape requirements of Chapter 15.07 shall apply. F. Landscaping Requirements shall include: 1. Where buildings abut the required front yard, a landscape strip at least fifteen (15) feet in depth shall be provided. Where vehicular parking areas abut the required front yard, a landscape strip at least twenty (20) feet in depth, with an earth berm at least 36" in height, shall be provided. 2. A landscape strip at least five (5) feet in II depth shall be provided along the side property line(s) of all independent development sites. I I - 4 - �I I I No landscaping along the side property line(s) shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve the adjoining properties. Where side property line(s) of a commercial use abuts a residential district, a landscape strip at least ten (10) feet in depth shall be provided. 3. A landscape strip of at least fifteen (15) feet in depth shall be provided along side property '' lines flanking the street of a corner lot. 'I �I Where vehicular parking areas abut the required i side yard, an earth berm at least 24 inches in height shall be provided. 4. A landscape strip of at least five (5) feet ini depth shall be provided along all rear property, lines. Where rear property line(s) of a commercial use abuts a residential use, a landscape strip of at least ten (10) feet in it i depth shall be provided. � 5. All general provisions of Section 15.07, i Landscaping Regulations, shall apply. j� G. Sign Regulations: 1. Aggregate sign area. The aggregate sign area for any lot shall not exceed one (1) square foot for each foot of street frontage. Aggregate sign area for corner lots shall not i exceed three fourths (3/4) square foot for each I foot of street frontage. The permitted signs enumerated below shall be subject to the total i aggregate sign area. A. Identification signs: Occupancies. Each business establishment may have one (1) I freestanding sign per street frontage (if not located in a shopping center) and one (1) wall sign per street frontage. i. Freestanding signs. Freestanding signs shall not exceed a height of fifteen (15) feet. The maximum sign i 11 i - 5 - it i' j area permitted is one hundred (100) square feet for the total of all i faces. No one face shall exceed fifty (50) square feet. Said sign may be illuminated. Freestanding signs shall not rotate. ii. Wall signs. One wall sign per street frontage shall be permitted. The I total area of all signage, graphics, � or other advertising shall not exceed ten (10) percent of the building i facade to which it is attached. •II � B. Identification signs: Shopping centers. One freestanding or one wall shopping �i center identification sign shall be j permitted for each street frontage of the i shopping center. The maximum sign area ;i i permitted for a freestanding sign is one hundred (100) square feet. No one face I shall exceed fifty (50) square feet. 1, i Freestanding signs shall be limited to fifteen (15) feet in height. Said sign i may be illuminated. Freestanding signs I shall not rotate. One wall sign shall be �I permitted per occupancy, except anchor i tenants (business establishments with a store frontage of at least one hundred i (100) feet in length) shall be allowed two. wall signs. The aggregate wall sign area shall not exceed ten (10) percent of the building facade to which they are attached.I I! 2. All general provisions of Section 15.06, Sign i Regulations, shall apply. Section 2. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified : and confirmed. i i i 6 - Section 3. 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 APPROVED AS TO FORM: i SANDRA DRISCOLL, CITY ATTORNEY !I i I PASSED the day of 1989. ,I APPROVED the day of 1989. I, PUBLISHED the day of 1989. i I hereby certify that this is a true copy of Ordinance, 11 No. passed by the City Council of the City of Kent, i it Washington, and approved by the Mayor of the City of Kent as hereon indicated. I (SEAL) MARIE JENSEN, CITY CLERK i 7220-260 7 - RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, amending the City's Comprehensive Plan Map by changing the area designations by institution of new Gateway Commercial Zone to an area along the East Valley Highway between S.R. 167 overpass to 212th Street; and by amending one mobile home park designation to Office Zone designation in area of approximately 13.2 acres at the northeast corner of the S.R. 167 and South 212th Street interchange. WHEREAS, changes to the Valley Floor Subarea Plan Map, a part of the Comprehensive Plan and Map, changing certain designations within the East Valley were recommended to the Planning Commission; and WHEREAS, in accordance with the provisions of Chapter 35A.63.073 of the Revised Code of Washington and Kent City Ordinance No. 2809, hearings were held before the Planning Commission of the City of Kent on February 13, 1989 and March 20, 1989 to consider the proposed changes; and WHEREAS, after the final hearing of the Planning Commission and its final deliberations, Findings of Fact, Conclusions of Law, and the proposed amendments of the Planning Commission were recommended to the City Council for adoption pursuant to provisions of Ordinance No. 2809; and WHEREAS, the City Council considered the Findings of Fact, Conclusions of Law recommendations of the Planning Commission at a public meeting on June 6, 1989; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Findings of Fact and Conclusions of Law adopted by the Kent Planning Commission on June 5, 1989 are adopted by reference in totality by the Kent City Council. Section 2. a. Area one is located along the East Valley Highway approximately between south of the S.R. 167 overpass, and extending 300 feet north of 212th Street, and is legally described in Exhibit "A" attached hereto. b. Area Two is located east of S.R. 167, between South 208th and South 212th Street, and is legally described in Exhibit "B" attached hereto. Section 2. The Kent Valley Comprehensive Plan Map is amended to change the designation for areas No. 1 and 2 as indicated on Exhibit "C" - "Valley Floor Plan Map - East Valley area" incorporated herein by reference as follows: a. Amend Area No. 1 designation from General Commercial, M-2, and M-3, to Gateway Commercial zone (GWC) . b. Amend Area No. 2 designation from Mobile Home Park to Office zone. C. Gateway Commercial zone and office zone uses are defined in the Kent Zoning Code. Section 4. The City of Kent Comprehensive Plan, Valley Floor Subarea Plan and their appendices and maps are amended to provide that all references to said areas No. 1 and No. 2 shall be in conformity with the changes in those area designations as set out in Section Three. Section 5. The amendments to the Comprehensive Plan, Valley Floor Subarea Plan, and associated Map amendments shall be filed with the City Clerk and in the office of the Planning Department and made available for public inspection upon request. Passed at a regular meeting of the City Council of the City of Kent, Washington this _ day of 1989. 2 - 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 5760-190 3 - - ----- "EXHIBIT A r, AREA ONE LEGAL DESCRIPTION That portion of the following sections: Northeast Quarter and Southeast Quarter of Section 12-22-41 Northeast Quarter of Section 13-22-41 Northwest Quarter of Section 18-22-4 and the Southwest Quarter and Northwest Quarter of Section 7-22-4 all in King County, Washington and described as follows: Beginning at a point lying 441. 5 feet north of the centerline of S. 212th Street and the easterly margin of the Northeast Quarter of Section 12 , Township 22N, Range 4 E W.M. ; thence N89 .04 ' 38" W a distance of 30. 00 feet to the westerly margin of 84th Avenue S. ; thence N89 ^04138" W to the easterly margin of a railroad easement as recorded under Auditor File No. 7512150580; thence continuing in a southerly and westerly direction along the southerly margin of said railroad easement to a point lying 80.0 feet due west of the easterly margin of said Northeast Quarter; thence due south to the centerline of S. 212th Street; thence easterly along the centerline of S. 212th Street to a point lying 256. 00 feet west of the easterly margin of said NE Quarter; thence SO1.13140" W to the northerly boundary of the South One-Half of the South One-Half of said Northeast Quarter; thence easterly along said northerly boundary to a point lying 156 . 00 feet west of the easterly boundary of said Northeast Quarter; thence S01.13128" W a distance of 290.00 feet; thence N88 .22158" W a distance of 49 . 00 feet; thence S01^ 13128" W, a distance of 373 . 59 feet to the southerly boundary of said Northeast Quarter; thence continuing S01.13128" W to the northerly .boundary of lot 3 , Kent Five Acre Tracts 'as recorded in Volume 10 of Plats, Page 19 ; thence westerly along said northerly boundary to a point lying 350. 00 feet west of the easterly boundary of the Southeast Quarter of Section 12 , Township 22 N, Range 4 E W.M. ; thence southerly and 350. 00 feet parallel to the east boundary of said Southeast Quarter to a point lying 493 . 6 feet north of the northerly boundary of S . 222nd Street; thence westerly to the northeast corner of Lot 5, Shinn' s Valley Home Addition to Kent as recorded under Volume 7 of Plats, Page 22 ; thence southerly along the easterly margin of said Lot 5 extended to the southerly boundary of said Southeast Quarter; thence easterly along said . southerly boundary to the northeast corner of Parcel one of City of Kent Short Plat #SPC-75-8 as recorded under King County Recording No. 7811200752 ; thence continuing along the easterly margin of Parcel One and Parcel Two of said short plat, a distance of 170 . 84 feet; thence continuing along the easterly boundary of Lots 1 and 2 extended to the northerly margin of SR167 ; thence northeasterly and easterly along the boundary of SR167 to the westerly margin of 84th Avenue S . , thence easterly to the southwest corner of Lot 1, Kent Short Plat Number $SPC-86-7 as recorded under King County Recording No. 8704231175 ; thence S77 -59149" E, a distance of 69 . 82 feet; thence N51. 27 ' 07" E to the northerly boundary of the Northwest Quarter of Section 18, Township 22 N, Range 5 E W.M. and the southeast corner of Lot 1, Shinn' s Cloverdale Addition to Kent as recorded in Volume 61 Page 52 of Plats; thence northerly along the easterly boundaries of Lots 1 and 2 of said Shinn' s Cloverdale Addition to the northeast corner of said Lot 2 ; thence northerly along the easterly boundary of said Lot 2 extended to the centerline of S. 222nd Street; thence westerly along said centerline to a point lying 518 . 00 feet east of the westerly boundary of the Southwest Quarter of Section 71 Township 22 N, Range 5 E W.M. ; thence northerly and parallel 518 . 00 feet to said westerly boundary to the southerly boundary of Lot 5, Shinn' s Cloverdale Addition to Kent as recorded in Volume 61 Page 52 of Plats; thence westerly along said southerly boundary to a point lying 380. 0o feet east of the westerly boundary of the Southwest Quarter of Section 7 , Township 22 N, Range 5 E W.M. ; thence north parallel to and 380. 00 feet east of said westerly boundary to the southerly boundary of Lot 6 of said Shinn' s Cloverdale Addition; thence westerly along said southerly boundary to a point lying 330 . 00 feet east of the westerly boundary of said Southwest Quarter of Section 71 Township 22 , Range 5 E; thence northerly parallel to. and 330. 00 feet east of said westerly boundary to the centerline of S . 218th Street (aka Alder Lane) ; thence easterly along the centerline of S . 218th Street to a point lying 673 . 30 feet east of said westerly boundary; thence north and 673 . 30 feet parallel to said westerly boundary to the northerly boundary of the Southwest Quarter of Section 7 , Township 22 N, Range 5 E, W.M. ; thence westerly along said northerly boundary to a point 497 .73 feet east of said westerly boundary; thence N01.13143" E to a point lying 767 . 62 feet north of the southerly boundary of the Northwest Quarter of Section 7 , Township 22 N, Range 5 E W.M; thence easterly to a point lying 767 . 62 feet north of said southerly margin and 540. 64 feet east of the westerly boundary of said Northwest Quarter of Section 7 ; thence N01^ 15' 10" E to the centerline of S. 212th Street; thence westerly along said centerline to a point lying 210. 00 feet east of the westerly boundary of said Northwest Quarter of said Section. 7 ; thence N01.13142" E, a distance of 235 . 00 feet; thence easterly to a point lying 250 . 00 feet east of the westerly boundary of said Northwest Quarter of said Section 7 ; thence N01^13142" E to the northerly margin of a railroad easement as recorded under Auditor File No. 7512150579 ; thence westerly to the Point of Beginning. " EXHIBIT B" AREA TWO LEGAL DESCRIPTION ; That portion of the NW 1/4 of Section 7, T 22 N, R 5 E, W.M. , in King County, Washington, being described as follows : Commencing at the NE corner of said NW 1/40. ` .thence S .01001025" W, along the . east line of :.said NW 1/4, • a distance of 219 .95 : feet, to the : . southerly margin of S 208th Street -and the True : .Point of Beginning; Thence continuing S ' Ol°O1 ' 25" W, along said east line, a distance :of 1,058 .34 feet, to the north margin of S . •' . 212th Street; Thence S 89°59 ' 23" .W, along said. margin, a distance of 244.57 feet, to an existing fence; .Thence N 01°22 ' 30" W, along said fence, a distance of 198 .13 feet; Thence N 04°35149" W, along said fence, a distance of 167 .46 feet; `.-Thence N 88°301.18". W, along said fence, a .. , ! distance of 157 . 91 feet; " Thence S 04.°35 ' 29" W, along said fence, a distance of 90 .34 feet; Thence S 00°49 ' 01" W, along said fence, a distance of 169 .47 feet; Thence S 08*47159" E, along said fence, a .. :. .distance of 110 . 94 feet, to said north margin . .. : Of S 212th Street; Thence .S 89°59 ' 23" W, along : 'said margin, a distance of 131 .09 feet , to the easterly margin of State Hwy. N.. 5 (S.R. 167 - .Valley Freeway) ; Thence N 01°33 ' 53" W, along said margin, a distance of 1, 116 .97 feet , to . State Hwy. Sta . 960+00; Thence N 88°26 '07" E, perpendicular from said station, a distance of 465 .06 feet, to the southwesterly margin of said S 208th Street; Thence S 46°10 ' 48" E, along said margin, a distance of 44 .42 feet; Thence along said margin on a curve to the left with •a radius of 144 .60 feet , a central angle ' " of 42°31 ' 23" , and an arc length of .107 .32 feet, to the True Point of Beginning . �c 81 � 11 • er � a® R w �" • 1 YV �F`E VI ; FINDINGS AND CONCLUSIONS OF THE PLANNING COMMISSION FOR THE CITY OF KENT EAST VALLEY ZONING IMPLEMENTATION INTRODUCTION After due consideration of the evidence presented by the Planning and Public Works Departments and all evidence elicited during the public hearing, the Planning Commission enters the following findings and conclusions as a basis for its recommendation on the East Valley zoning implementation: FINDINGS OF FACT 1. City Council directed the Planning Department to analyze and make recommendations regarding the East Valley' s existing zoning in response to the East Valley Study amendments to the Valley Floor Plan, adopted in June 1988, and the development pressures throughout the area. 2 . The Planning Department recommended three proposed actions-- 1) Create a new commercial zoning district entitled Gateway Commercial (GWC) complete with its own landscaping and sign regulations; 2) apply this new zoning district to the area recently designated Commercial in the Valley Floor Comprehensive Plan, hereinafter referred to as Area 1; and 3) rezone an area from Mobile Home Park (MHP) to Office (0) as designated in the East Valley Study amendments to the Valley Floor Comprehensive Plan, hereinafter referred to as Area 2 . 3 . The subject site Area 1 includes all properties adjacent to, or within a maximum range of 700 ' from the East Valley Highway right-of-way, bounded on the south by the State Route 167 overpass and on the north by an east-west line approximately 300 ' north of S . 212th Street. The area is approximately 87 . 3 acres in size. 4 . The properties in Area 1 are currently zoned Commercial Manufacturing (CM) , General Commercial (GC)' , Limited Industrial (M2) or General Industrial (M3) ; the Area' s Comprehensive Plan designation is Commercial. 5 . The existing uses in Area 1 vary widely from heavy industry to scattered residential structures. 1 Easta Vally Zoning Implementation Findings and Conclusions 6 . The Planning Department' s zoning boundary objectives for Area 1 include the following: 1) Follow natural/physical boundaries wherever possible. 2) Follow existing Commercial zone boundaries wherever possible. 3) Follow existing property boundaries wherever possible. 4) Encourage land assembly. 5) Maintain compatibility with existing land uses and avoid the creation of nonconforming uses wherever possible. 7 . Area 1 is fully serviced by City sewer and water lines. No improvements are scheduled since the lines currently servicing the area are designed to handle intensive uses compatible with the existing commercial and industrial zones. 8 . The subject site Area 2 is located north of South 212th St. , south of South 208th Street, east of S .R. 167 and west of 92nd Avenue. The area is 13 . 2 acres in size. 9 . The parcel in Area 2 is currently zoned Mobile Home Park (MHP) ; the Area' s Comprehensive Plan designation is Office. 10. Area 2 was partially graded in anticipation of a mobile home park, but further development never occurred; the site is currently vacant. 11. The Comprehensive Plan' s Economic Element promotes controlled economic growth with orderly physical development, resource conservation and preservation as its overall goal. Within this framework, the Economic Element seeks to assure that retail and commercial developments are located in suitable locations. 12 . State Route 167 is a limited access highway with access at the entrance and exit ramps at South 212th Street and South 228th Street. East Valley Highway is the primary arterial for access to sites throughout Area 1. 13 . Traffic volumes along East Valley Highway currently range around 23 , 000 vehicles per day with high levels of congestion during p.m. peak hours. The City' s Engineering' Department currently estimates the number of peak-hour trips along East Valley Highway between South 212th Street and South 224th Street at 2300 vehicles/hour. This figure compares with 1400 vehicles/hour between South 180th Street and South 192nd 2 Easta Vally Zoning Implementation Findings and Conclusions Street, and 2700 vehicles/hour between South 192nd Street and South 212th Street. 14 . Levels of service (LOS) at the controlled intersections in the study area are currently at or near capacity, and range from C to F, with A being the best of conditions and F being the worst. These intersections include: South 212th Street LOS F South 224th Street LOS C South 228th Street LOS C Northbound S .R. 167 LOS C Southbound S .R. 167 LOS D 15. The East Valley Zoning Study is incorporated herein by reference as though set forth in full. In addition, the East Valley Study is incorporated herein by reference as though set forth in full. CONCLUSIONS 1. The recommendations addressed in the East Valley Zoning Study are consistent with the Comprehensive Plan map amendments adopted by Council pursuant to the East Valley Study. 2 . The proposals recommended in the East Valley Zoning Study further the goals of the Comprehensive Plan' s Economic Element by providing an orderly transition from industrial to commercial zoning districts. One specific objective of the Plants Economic Element is to minimize adverse physical impacts of strip commercial development. The Gateway Commercial zoning district accomplishes this objective through stricter development standards and somewhat more limited uses than those permitted in the existing General Commercial zone. 3 . It is the intention of the Gateway Commercial district to recognize the significance of the automobile while simultaneously minimizing its dominance in commercially- developed areas and avoiding unsightly highway strip- commercial development. Gateway Commercial ' s development standards promote land uses which minimize physical and visual impacts normally associated with highway commercial developments. Landscaping, parking and sign standards have all been enhanced as compared to the current commercial and industrial zoning districts. In addition, automotive-related uses such as drive-through bays must be oriented away from the adjacent street in order to reduce their visual impacts. These standards, as well as others described in this study, will promote a viable, unique and recognizable commercial area 3 Easta Vally Zoning Implementation Findings and Conclusions along East Valley Highway. Moreover, the Gateway Commercial district will encourage the development of commercial uses capable of benefitting and ensuring the long-term enhancement of properties throughout the study area. 4 . In light of the current traffic situation along East Valley Highway, the potential effects from the proposed Gateway Commercial zone on traffic levels are of significant concern. Planning Department staff has reviewed available land to determine the buildout traffic levels possible with no zoning changes, with implementation of the original East Valley Zoning proposal and with the implementation of a scaled-back rezone. After conducting this review of traffic impacts, staff modified its proposal. The modified proposal is expected to generate 1097-1667 peak-hour trips as compared with 1707-2470 peak hour trips in the original proposal (figures are adjusted accordingly for linked trips) . These modifications include the following: 1) A reduction in size of the Gateway Commercial area by 15. 2 acres (87 . 3 acres net) . This reduction would take place on both the east and west sides in the area originally proposed for deepest application of the new zone. 2) A 1000-foot separation requirement on drive-through restaurants designed to limit the number of fast food uses occurring within the rezone corridor. The Institute of Transportation Engineers (ITE) trip generation rates for this use are over three times the rate for the next most intensive generator surveyed for the rezone analysis. 5 . Additional traffic mitigation conditions are being applied through the SEPA environmental review process. It is expected that these SEPA conditions will address much of the Commission' s concerns about the traffic impacts of the Gateway Commercial zoning. 6. A small number of existing developments would become nonconforming uses upon adoption of the proposed Gateway Commercial zone. However, for the City to be able to respond to current conditions and particularly to upgrade land use standards in an area, the creation of nonconforming conditions is a necessary tradeoff. Under the Kent Zoning Code, existing nonconforming developments are permitted to continue and indeed to expand with the securing of a Conditional Use permit. 5/15/89 4 i ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to land use and zoning, creating a Gateway Commercial (GWC) district establishing a new Section 15.04.195. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Kent City Code is amended to establish new Section 15.04.195 creating the Gateway Commercial (GWC) district as follows: 15.04.195. GATEWAY COMMERCIAL (GWC) DISTRICT. It is the purpose of the Gateway Commercial District to provide retail commercial uses appropriate along major vehicular corridors while encouraging appropriate and unified development among the properties within its district. It is designed to create unique, unified and recognizable streetscapes while ensuring land use compatibility and the exclusion of inappropriate uses. It is also intended to promote flexibility in appropriate areas of site design and to encourage mixed-use developments. The Gateway Commercial district recognizes the significance of the automobile while simultaneously minimizing its dominance in commercially-developed areas and avoiding unsightly highway strip-commercial development. Gateway Commercial's development standards promote land uses which minimize physical and visual impacts normally associated with highway commercial developments. Landscaping, parking and sign standards have all been enhanced as compared to the current commercial and industrial zoning districts. These standards will promote a viable, unique and recognizable commercial area along East Valley Highway. Moreover, the Gateway Commercial district will encourage the development of commercial uses capable of benefitting and ensuring the long-term enhancement of properties throughout the study area. A. Principally Permitted Uses. 1. Retail establishments wherein all sales, storage, display occur within enclosed buildings. Such uses include the sale of food, clothing, furniture, appliances, hardware and similar "hard" and "soft" goods. 2. Personal services such as barber and beauty shops, shoe and clothing repair, funeral and crematory services, laundering and dry cleaning and photographic studios. 3. Office uses and professional services such as medical, dental and optometric offices, legal, architectural, engineering, real estate, banking and financial services and similar uses. 4. Business services such as blueprinting, photocopying, advertising and consulting services and similar uses 5. Restaurants, taverns and nightclubs, provided that, any restaurant with drive-in or drive-through facilities shall be located a minimum of 1000 feet from any other drive-in restaurant use. 6. Repair services wherein all repair and storage occurs within an enclosed building. Such uses include radio, television and small appliance repair, watch, clock and jewelry repair and similar uses but not automotive or vehicular repair. 7. Educational services and facilities such as art and music schools, barber and beauty schools and business schools. 8. Miscellaneous services such as animal grooming parlors, business, civic, social and fraternal associations, - welfare and charitable services, and veterinary clinics and animal hospital services when located no less than one hundred fifty (150) feet from any residential use, provided the animals are housed indoors and the building is soundproofed. 9. Hotels and motels. lo. Cultural, entertainment and recreational facilities including art galleries, museums, motion picture theaters, video arcades, athletic clubs, bowling alleys and enclosed skating rinks. 11. Governmental offices and facilities, except for such uses and buildings subject to Section 15.04.200. 12. Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy. Accessory buildings for existing dwellings may be constructed. Such buildings include garages, carports, storage sheds and fences. 2 - it I 13. Crop and tree farming. 14. Any other use that is determined by the Planning Director to be the same general character as the above permitted uses and is in accordance with the stated purpose of the district. B. Special Permit Uses. The following uses are permitted provided that they conform to the development standards listed in section 15.08.020. 1. Churches. 2. Nursery schools and day care centers. C. Conditional Uses. 1. Gasoline service stations, automobile repair (excluding auto body repair) and car washes. 2. Multiple family dwellings as permitted in Section 15.04.050. 3. Public assembly facilities such as amphitheaters, arenas, auditoriums and exhibition halls. 4. General Conditional Uses as listed in Section 15.08.030. D. Accessory Uses. Accessory uses and buildings customarily appurtenant to permitted uses. Accessory uses shall include vehicular drive-through, drive-in or service bay facilities. E. Development Standards for Proposed Gateway Commercial District 1. Minimum lot. 10,000 square feet 2. Maximum site coverage. Forty (40) percent 3. Front yard. There shall be a front yard of at least fifteen (15) feet in depth. 4. Side yard. A. A side yard of at least five (5) feet in depth shall be provided along the side property line(s) , except no side yard shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve the adjoining properties. B. Where a side yard abuts a residential district, a side - 3 - yard of at least twenty (20) feet shall be provided. 5. Side yard on flanking street of corner lot. Fifteen (15) feet. 6. Rear yard. A rear yard of at least five (5) feet in depth shall be provided, except when a rear yard abuts a residential district, then a rear yard of at least twenty (20) feet in depth shall be provided. 7. Height limitations. Three (3) stories or forty (40) feet. An additional story and/or building height may be added, up to a maximum of five (5) stories or sixty (60) feet, with one (1) additional foot of building setback for every additional foot of building height over forty (40) feet. 8. Vehicular drive-through, drive-in and service bays. All vehicular drive-through, drive-in, service bay and similar facilities shall be designed so that such facilities, including vehicular staging or stacking areas, shall be oriented away from the adjacent street. Additional landscaping and/or fencing may be required to ensure visual screening of these facilities from the adjacent street or properties. 9. The landscape requirements of Chapter 15.07 shall apply. F. Landscaping Requirements shall include: 1. Where buildings abut the required front yard, a landscape strip at least fifteen (15) feet in depth shall be provided. Where vehicular parking areas abut the required front yard, a landscape strip at least twenty (20) feet in depth, with an earth berm at least 36" in height, shall be provided. 2. A landscape strip at least five (5) feet in depth shall be provided along the side property line(s) of all independent development sites. 4 - No landscaping along the side property line(s) shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve the adjoining properties. Where side property line(s) of a commercial use abuts a residential district, a landscape strip at least ten (10) feet in depth shall be provided.) 3. A landscape strip of at least fifteen (15) feet, in depth shall be provided along side property ) lines flanking the street of a corner lot. Where vehicular parking areas abut the required side yard, an earth berm at least 24 inches in height shall be provided. 4. A landscape strip of at least five (5) feet in depth shall be provided along all rear propert lines. Where rear property line(s) of a commercial use abuts a residential use, a landscape strip of at least ten (10) feet in depth shall be provided. 5. All general provisions of Section 15.07, Landscaping Regulations, shall apply. G. Sign Regulations: 1. Aggregate sign area. The aggregate sign area for any lot shall not exceed one (1) square foot for each foot of street frontage. Aggregate sign area for corner lots shall not exceed three fourths (3/4) square foot for each, foot of street frontage. The permitted signs enumerated below shall be subject to the total aggregate sign area. A. Identification signs: Occupancies. Each business establishment may have one (1) freestanding sign per street frontage (if not located in a shopping center) and one (1) wall sign per street frontage. i. Freestanding signs. Freestanding signs shall not exceed a height of fifteen (15) feet. The maximum sign 5 - area permitted is one hundred (100) square feet for the total of all faces. No one face shall exceed fifty (50) square feet. Said sign may be illuminated. Freestanding signs shall not rotate. i;. Wall signs. one wall sign per street frontage shall be permitted. The total area of all signage, graphics, or other advertising shall not exceed ten (10) percent of the building facade to which it is attached. B. Identification signs: shopping centers. One freestanding or one wall shopping center identification sign shall be permitted for each street frontage of the shopping center. The maximum sign area permitted for a freestanding sign is one hundred (100) square feet. No one face shall exceed fifty (50) square feet. Freestanding signs shall be limited to fifteen (15) feet in height. Said sign may be illuminated. Freestanding signs shall not rotate. One wall sign shall be permitted per occupancy, except anchor tenants (business establishments with a store frontage of at least one hundred (100) feet in length) shall be allowed two wall signs. The aggregate wall sign area shall not exceed ten (10) percent of the building facade to which they are attached. 2. All general provisions of Section 15.06, Sign Regulations, shall apply. Section 2. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. 6 - Section 3. Effective Date. This ordinance shall take Ileffect and be in force five (5) days from and after its passage, approval and publication as provided by law. i I 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 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. (SEAL) MARIE JENSEN, CITY CLERK i i 7220-260 7 - I I, KENT PLANNING DEPARTMENT March 29, 1989 M MEMO TO: Mayor Kelleher and City Council Members FROM: Dan Stroh, Senior Planner SUBJECT: EAST VALLEY ZONING AMENDMENTS The Planning Commission at its meeting of March 20, 1989 recommended amendment of the Kent Zoning Code text and map. These proposed actions are linked to last year' s passage of the East Valley amendments to the Valley Floor Plan. The Commission recommendation is based on staff studies and includes the following actions: (1) Amendment of the Zoning Code text to create a new zoning district, "Gateway Commercial" (GWC) , complete with development standards for setbacks, landscaping, and signage. (2) Amendment of the Zoning Map to apply the Gateway Commercial designation to an area of approximately 87 . 3 acres, as reduced from the original staff proposal and presented in the March 20 memo from Fred Satterstrom to Linda Martinez ; and (3) Amendment of the Zoning Map to apply the Office designation to an area of approximately 13 . 2 acres at the northeast corner of the SR 167/S. 212th Street interchange. These actions are designed to encourage high quality development and redevelopment of the East Valley area, and if passed, should help address the "image problem" referred to in the East Valley Study. DS:ca Enclosure SYNOPSIS OF PLANNING COMMISSION RECOMMENDATIONS ON EAST VALLEY ZONING Recommendation I : Creation of Gateway Commercial (GWC) District Gateway Commercial ' s purpose is to provide retail commercial uses appropriate along major vehicular corridors while encouraging appropriate and unified development among the properties within its district. It is designed to create unique, unified and recognizable streetscapes while ensuring land use compatibility and the exclusion of inappropriate uses. It is also intended to promote flexibility in appropriate areas of site design and to encourage mixed-use developments . The Gateway Commercial district recognizes the significance of the automobile while simultaneously . minimizing its dominance in commercially-developed areas and avoiding unsightly highway strip- commercial development. Gateway Commercial ' s development standards promote land uses which minimize physical and visual impacts normally associated with highway commercial developments. Landscaping, parking and sign standards have all been enhanced as compared to the current commercial and industrial zoning districts. These standards will promote a viable, unique and recognizable commercial area along East Valley Highway. Moreover, the Gateway Commercial district will encourage the development of commercial uses capable of benefitting and ensuring the long-term enhancement of properties throughout the study area. A. Uses for Proposed Gateway Commercial District Principally Permitted Uses 1 . / Retail establishments wherein all sales, storage, display occur within enclosed buildings. Such uses include the sale of food, clothing, furniture, appliances, hardware and similar "hard" and "soft" goods. 2 . Personal services such as barber and beauty shops, shoe and clothing repair, funeral and crematory services, / laundering and dry cleaning and photographic studios. 3 . Office uses and professional services such as medical, dental and optometric offices, legal, architectural, engineering, real estate, banking and financial services and similar uses . 4 ./ Business services such as blueprinting, photocopying, advertising and consulting services and similar uses. 5 . / Restaurants, taverns and nightclubs, provided that, any restaurant with drive-in or drive-through facilities shall be located a minimum of 1000 feet from any other drive-in restaurant use. 6 .,,;' Repair services wherein all repair and storage occurs within an enclosed building. Such uses include radio, television and small appliance repair, watch, clock and jewelry repair and similar uses but not automotive or vehicular repair. 7 . Educational services and facilities such as art and music SYNOPSIS OF PLANNING COMMISSION RECOMMENDATIONS ON EAST VALLEY ZONING schools, barber and beauty schools and business schools. 8 . Miscellaneous services such as animal grooming parlors, business, civic, social and fraternal associations, welfare and charitable services, and veterinary clinics and animal hospital services when located no less than one hundred fifty (150) feet from any residential use, provided the animals are housed indoors and the building is soundproofed. 9 . Hotels and motels. 10 . Cultural, entertainment and recreational facilities including art galleries, museums, motion picture theaters, video arcades, athletic clubs, bowling alleys and enclosed skating rinks. 11 . Governmental offices and facilities, except for such uses and buildings subject to Section 15. 04 .200. 12 . Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy. Accessory buildings for existing dwellings may be constructed. Such buildings include garages, carports, storage sheds and fences. 13 . Crop and tree farming 14 . Any other use that is determined by the Planning Director to be the same general character as the above permitted uses and is in accordance with the stated purpose of the district. Special Permit Uses The following uses are permitted provided that they conform to the development standards listed in Section 15. 08 . 020 . 1. Churches 2 . Nursery schools and day care centers Conditional Uses 1. Gasoline service stations, automobile repair (excluding auto body repair) and car washes. 2 . Multiple family dwellings as permitted in Section 15 . 04 . 050 . 3 . Public assembly facilities such as amphitheaters, arenas, auditoriums and exhibition halls. 4 . General Conditional Uses as listed in Section 15 . 08 . 030 . Accessory Uses Accessory uses and buildings customarily appurtenant to permitted uses . Accessory uses shall include vehicular drive-through, drive-in or service bay facilities. B. Development Standards for Proposed Gateway Commercial District 1 . Minimum lot. 10 , 000 square feet 2 SYNOPSIS OF PLANNING COMMISSION RECOMMENDATIONS ON EAST VALLEY ZONING 2 . Maximum site coverage. Forty (40) percent 3 . Front yard. There shall be a front yard of at least fifteen (15) feet in depth. 4 . Side yard. A. A side yard of at least five (5) feet in depth shall be provided along the side property line(s) , except no side yard shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve the adjoining properties. B. Where a side yard abuts a residential district, a side yard of at least twenty (20) feet shall be provided. 5. Side yard on flanking street of corner lot. Fifteen (15) feet. 6 . Rear yard. A rear yard of at least five (5) feet in depth shall be provided, except when a rear yard abuts a residential district, then a rear yard of at least twenty (20) feet in depth shall be provided. 7 . Height limitations. Three (3) stories or forty (40) feet. An additional story and/or building height may be added, up to a maximum of five (5) stories or sixty (60) feet, with one (1) additional foot of building setback for every additional foot of building height over forty (40) feet. 8 . Vehicular drive-through, drive-in and service bays. All vehicular drive-through, drive-in, service bay and similar facilities shall be designed so that such facilities, including vehicular staging or stacking areas, shall be oriented away from the adjacent street. Additional landscaping and/or fencing may be required to ensure visual screening of these facilities from the adjacent street or properties. 9 . The landscape requirements of Chapter 15. 07 shall apply. Additional Gateway Commercial landscaping requirements shall include: �� Where buildings abut the required front yard, a landscape strip at least fifteen k.,15) feet in depth shall be provided. Where vehicular parking areas abut the required front yard, a landscape strip at least twenty (20) feet in depth, with an earth berm at least 36" in height, shall be provided. 2 . A landscape strip at least five (5) feet in depth shall be provided along the side property line(s) of all independent development sites. No landscaping along the side property line(s) shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve the 3 SYNOPSIS OF PLANNING COMMISSION RECOMMENDATIONS ON EAST VALLEY ZONING adjoining properties . Where side property line (s) of a commercial use abuts a residential district, a landscape strip at least ten (10) feet in depth shall .be provided. 3 . A landscape strip of at least fifteen (15) feet in depth shall be provided along side property lines flanking the street of a corner lot. Where vehicular parking areas abut the required side yard, an earth berm at least 24" inches in height shall be provided. 4 . A landscape strip of at least five (5) feet in depth shall be provided along all rear property lines. Where rear • property line(s) of a commercial use abuts a residential use, a landscape strip of at least ten (10) feet in depth shall be provided. 5 . All general provisions of Section 15. 07, Landscaping Regulations, shall apply. Gateway Commercial Sign Regulations: 1. Aggregate sign area. The aggregate sign area for any lot shall not exceed one (1) square foot for each foot of street frontage. Aggregate sign area for corner lots shall not exceed three fourths (3/4) square foot for each foot of street frontage. The permitted signs enumerated below shall be subject to the total aggregate sign area. A. Identification signs: Occupancies. Each business establishment may have one (1) freestanding sign per street frontage (if not located in a shopping center) and one (1) wall sign per street frontage. i. Freestanding signs. Freestanding signs shall not exceed a height of fifteen (15) feet. The maximum sign area permitted is one hundred (100) square feet for the total of all faces. No one face shall exceed fifty (50) square feet. Said sign may be illuminated. Freestanding signs shall not rotate. ii. Wall signs. One wall sign per street frontage shall be permitted. The total area of all signage, graphics, or other advertising shall not exceed ten (10) percent of the building facade to which it is attached. B. Identification signs: Shopping centers . One freestanding or one wall shopping center 4 SYNOPSIS OF PLANNING COMMISSION RECOMMENDATIONS ON EAST VALLEY ZONING identification sign shall be permitted for each street frontage of the shopping center. The maximum sign area permitted for a freestanding sign is. one hundred (100) square feet. No one face shall exceed fifty (50) square feet. Freestanding signs shall be limited to fifteen (15) feet in height. Said sign may be illuminated. Freestanding signs shall not rotate. One wall sign shall be permitted per occupancy, except anchor tenants (business establishments with a store frontage of at least one hundred (100) feet in length) shall be allowed two wall signs. The aggregate wall sign area shall not exceed ten (10) percent of the building facade to which they are attached. 2 . All general provisions of Section 15. 06, Sign Regulations, shall apply. Recommendation II : Rezone of approximately 87.3 acres to Gateway Commercial (GWC) District. These properties, in the vicinity of East Valley Highway, are shown on the attached map. (The existing zoning in the area appears on page 9 of the Staff Report to the Planning Commission. ) For mitigation of traffic impacts, the original staff proposal for rezoning 102 .5 acres has been reduced by approximately 15 . 2 acres. Recommendation III: Rezone of approximately 13 .2 acres to Office (0) District. This area is situated at the northeast corner of the SR 167/S . 212th Street Interchange, and is shown on the attached map. This parcel was approved as a mobile home park by the City Council in September of 1984 (case no. #RZ-83-2) . The parcel was partially graded, but it was never developed and remains vacant at present with no prospect for development as a mobile home park. As such, recent changes and growth in the surrounding area have placed development pressures on this vacant parcel. In responding to these pressures, the East Valley Study recommended an Office designation for the area. The Study cited, among other things, the need for and compatibility of an Office designation with adjacent land uses . 5 FAST VALLEY ZONING ST ODY, Planning Commission Recommendation : Proposed Gateway th t. Commercial Zone (GWC) n 4' 5' SCALE 1 : 8400 KENT GIS �� JAN . 1989 EAST VALLEY ZONING STUDY i Planning Commission Recommendation : h 2th t. Proposed Office Zone Lj ld 5' SCALE 1 : 8400 KENT GIS JAN . 1989 KENT PLANNING COMMISSION MINUTES March 20, 1989 The meeting of the Kent- Planning Commission was called to order by Chair Martinez at 7 : 30 p.m. on Monday, March 20, 1989 in the Kent City Hall, City Council Chambers. COMMISSION MEMBERS PRESENT: Linda Martinez , Chair Elmira Forner Greg Greenstreet Carol Stoner Raymond Ward Gabriella Uhlar-Heffner COMMISSION MEMBERS ABSENT: Robert Badger, excused Anne Biteman, excused PLANNING STAFF MEMBERS PRESENT: Fred Satterstrom, Acting Planning Director Dan Stroh, Senior Planner Kathy McClung, Senior Planner Ken Astrein, Planner Scott Williams, Planner Lois Ricketts , Recording Secretary LEGAL DEPARTMENT: Sandra Driscoll , City Attorney ENGINEERING DEPARTMENT: Marty Nizlek, Transportation Engineer MINUTES OF PLANNING COMMISSION MEETING OF FEBRUARY 27 , 1989 Approval of the February 27 , 1989 minutes was deferred until the March 27 , 1989 meeting. Commissioner Stoner MOVED to reopen the hearing on the East Valley Zoning Study. Commissioner Greenstreet SECONDED the motion. Motion carried. Kent Planning commission Minutes March 20 , 1989 EAST VALLEY ZONING STUDY (GWC) Dan Stroh reviewed the three actions before the Commission: 1) creation of the Gateway Commercial District, uses and development standards ; 2) application of the Gateway Commercial District to an area along the East Valley Highway; 3) application of Office designation to an area at the northeast corner of SR 167 and the South 212th interchange. The public hearing of February 13 , 1989 was continued in order to conduct additional study and consultation on the issue of traffic. The SEPA Decision Document of the East Valley Zoning Study (#ENV 89-1) includes several conditions . The first SEPA condition is that the staff recommendation for the proposed . rezone to Gateway Commercial be reduced by approximately 15 . 2 acres. The second SEPA condition is that the staff recommendation for Gateway Commercial be modified to require a 1, 000-foot separation between drive-through restaurant uses. Fast food uses generate AM and PM peak-hour traffic at the rate of three to four times the next highest, most intensive generator that was surveyed for the Gateway Commercial area. The third SEPA condition is that mitigation of traffic impacts associated with new developments will be applied to site specific cases. The SEPA condition requires the applicant to participate in the East-West Corridor project, which is required for new developments within the city. The applicant shall also conduct a study to identify and address trips generated by the proposal, specifically identifying the number of trips over and above those which could be generated under the zoning in effect prior to the rezoning to Gateway Commercial . Examples given in the SEPA condition include capital improvements at the entrances to the rezone area, purchase of development rights in the vicinity, and participation in a North- South 88th Corridor Project. The fourth SEPA condition directs staff to develop a proposed Transportation System Management ordinance which would address alternative methods of transportation, including ridesharing, transit, van-pooling and related approaches . Based on these changes, the modified GWC proposal presented to the Commission includes : 1) reducing the area of the Gateway Commercial District by 15 . 2 acres . Approximately 10 . 3 acres are currently vacant or undeveloped; 2) imposing a 1, 000-foot separation limitation on drive-through restaurant uses within the Gateway Commercial District. This would be an amendment to the development standards proposed for the new Gateway Commercial District. Commissioner Stoner asked about the requirement of participation in the North-South 88th Corridor project. Mr. Stroh explained that 2 Kent Planning Commission Minutes March 20, 1989 this was only an example of a condition; it has not been placed on any developments at the present time. Commissioner Forner asked what was meant by limiting the drive- through fast-food restaurants . Mr. Stroh explained that the traffic impacts of the fast-food uses were extremely high and that a 1, 000-foot separation between drive-through restaurant uses would limit the number of fast-food sites that could occur within this corridor area. Based upon this limitation, the traffic projections were modified to show no more than 10 percent of the available land could be used for fast-food uses. This would be an addition to the development standards, and the language would state that drive- through restaurants would have to observe at least a 1, 000-foot separation. There is currently one fast-food service etablishment in this area. Four others could be added for a total of five in the area. Ken Astrein stated that one of the goals of the mitigation was to reduce the traffic impacts of the proposed Gateway Commercial zone. Staff analyzed underdeveloped and undeveloped land throughout the study area. After identifying that land, staff focused on a two- stage analysis: 1) review of permitted uses and 2) review of the boundaries for the proposed zone. Two of the original rules were to avoid splitting original parcels and to avoid nonconforming uses whenever possible. Staff reprioritized decision rules in order to present the "Mitigated Gateway Commercial Proposal" which has reduced traffic impacts. The end boundaries were not reduced because one of the original goals of the GWC zone was to have an identifiable and recognizable Gateway Commercial area. Staff felt that SR 167 with the overpass and South 212th with its uses was a primary intersection and these were appropriate physical boundaries at the present time. The net traffic additions from the existing zoning to the originally-proposed area of Gateway Commercial are predicted to be in the range of 745 to 1, 042 trips during the PM peak hour. Net additions from existing zoning to the Modified Gateway Commercial (with an area reduction of 15. 2 acres and the fast-food separation requirement) are predicted to be 135 to 240 trips during the PM peak hour. Chairman Martinez asked for an explanation of the changes in traffic totals from the previous meeting. Mr. Astrein explained that the initial proposal of traffic figures reflected the conversion of land zoned M1 or M2 , primarily the northern half of the site. Staff had assumed that a conversion from Commercial Manufacturing or General Commercial to Gateway Commercial on the southern half would have had negligible traffic impacts . The Engineering Department expressed concern that staff had not addressed the entire zone. Since the last hearing, staff has 3 Kent Planning Commission Minutes March 20, 1989 conducted a full land use analysis of vacant or underdeveloped land. The original figure provided was 32 . 5 acres. The revised figure is 62 .9 acres which reflects all the vacant or underdeveloped land. This figure represents a maximum buildout for the entire zone. Staff felt that five years would be the earliest date that buildout could occur. Commissioner Uhlar-Heffner asked if the boundary had been realigned to take care of the concerns of the Petzoldt Brothers ' site. Mr. Astrein responded that staff originally had avoided splitting the parcel and had accepted the fact that the parcel would .become a nonconforming use. Now the land has been split between two zones and the nonconforming use has been avoided. Chairman Martinez asked for an explanation of the difference between the 72 , 838 average daily trips and the 46,537 average daily trips for the reduction in acreage and limited fast food uses. Mr. Stroh explained the 72 , 838 figure represented the figure presented for the earlier proposal for the entire 102 .5 acres to be rezoned to GWC if it were developed to its full potential. The modified figures show a reduction in the land area by 15.2 acres and a reduction in trips generated when the 1, 000-fcot separation between drive-through restaurant uses would be in effect. Commissioner Stoner asked what the zoning would be for the parcels of vacant land that would be excluded from the GWC. Mr. Astrein responded that the western side would be M3 and the eastern side would be M2 except for the Petzoldt property which would be zoned Commercial Manufacturing. commissioner Greenstreet asked if the mini marts had been addressed. Mr. Astrein responded that staff had not addressed mini marts because it felt that the reduction in drive-through restaurant uses was strong enough to reduce the traffic levels. Most gas stations are located on corners at busy intersections, and there are already two gas stations at the 212th intersection. Gas stations and mini marts both require conditional use permits which are handled through the Hearing Examiner process. Torgy Torgerson, 24456 164th Avenue SE, Kent, pointed out that the current zoning in the northern or southern areas allows retail businesses , but the proposed new zoning, GWC, specifies retail businesses with no outside storage. Home Club would not be allowed in the proposed GWC zone. He felt that personal services would not be suitable for this area and that the landscaping requirement would hide the retail uses and make them undesirable for many customers . He pointed out that no nonconforming structures may be expanded, enlarged, extended, reconstructed or structurally 4 Kent Planning Commission Minutes March 20, 1989 altered, nor could any major nonconforming building structure or lot be occupied after discontinuance of use for a period of time. He felt this would be a hardship on the owner of the building if it remained unoccupied for a period of time because of loss of a tenant. Fire or earthquake damage could present a hardship to the owner of the building. He added that retail uses are permitted in the southern half of the area and could be rebuilt under the current zoning. Chairman Martinez asked for clarification regarding the statement "existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy. " Mr. Stroh responded that this is a principal use within the proposed Gateway Commercial, i.e. , repair and rebuilding of an existing dwelling would not be a nonconforming use. For actual nonconforming uses, if the cost to repair is less than 50 percent of the fair market value of the property, it could be rebuilt, i.e. , after disasters such as an earthquake, landslide, fire or hurricane. Mr. Torgerson expressed concern about a machine shop that would become a nonconforming "use under the proposed GWC zoning. If a fire occurred and cost to rebuild was more than 50 percent of the value of the building, then the structure could not be rebuilt. The owner could collect the insurance but would be out of business. Mr. Torgerson did not feel this would be fair. He did not believe that the City of Kent would be gaining anything by changing the GC zone in the southern part and the CM zone in the northern part. He felt that GWC zoning should have been imposed 40 years ago before all the truck gardens were covered with concrete. He also pointed out that 40 percent maximum site coverage is lower than the current zoning requirement. He pointed out that the part of the site that is not a parking lot or building must be landscaped. He did not feel that landscaping would be a useful addition to sites in this area. Jim Rust, 8619 South 218th, Kent, stated that he saw no value in changing the zoning to GWC. He suggested that the southern part be zoned M2 because it is currently industrial. He was concerned about the increase in traffic. He asked if Kent Nursery came under the Open Space Act. Mr. Satterstrom responded that it currently is under the Open Space Taxation Act, but this did not mean that in the future it could not be developed. Mrs. Rust, 8619 South 218th, Kent, expressed concern about what is happening in the downtown area. She could not understand why the commercial area is being extended to the proposed GWC area. 5 Kent Planning Commission Minutes March 20, 1989 Chairman Martinez responded that the Commission has been working on the Downtown Kent Plan which is hoped to help bring a more diverse community . into the downtown area. She stated that the Commission has been considering the downtown area at the same time as it has been considering the proposed GWC zone. Commissioner Ward MOVED to close the public hearing. Commissioner Uhlar-Heffner SECONDED the motion. Motion carried. Commissioner Stoner MOVED that the Commission accept the mitigated Gateway Commercial proposal for the area shown on -the map. Commissioner Ward SECONDED the motion. Commissioner Stoner asked how many nonconforming uses would be created by the proposed Gateway Commercial zone change. Mr. Astrein estimated that there would be less than 15. Commissioner Stoner asked where the trucking uses were located and if they would be included in the GWC zone. Mr. Satterstrom responded that DiPietro Trucking and United Trucking would not be affected by the proposed GWC zoning. It had been recommended that Petzoldt Brothers be deleted from the proposed GWC zone. Commissioner Ward expressed concern about the 17 nonconforming uses that would be created through the proposed GWC zone. Mr. Stroh responded that the intent of the proposed GWC zone was to create a uniform commercial area with a high set of development standards and a focus of a higher-quality type of retail/commercial area. One of the reasons behind this proposal is to upgrade the appearance and quality of the East Valley Highway area. The proposed set of uses, development and landscaping standards are designed to improve the quality of that area. There are some developments that are ready to begin developing if this is approved by the Planning Commission and the City Council . Some of the impacts of the upgrading may be visible soon. In the meantime there will be some nonconforming uses and nonconforming development standards. The Kent Zoning Code is lenient on nonconforming uses. If a business were established prior to 1984 and remained under the same ownership, this business could expand and enlarge its use through a conditional use permit in the City of Kent. This business can continue as long as there is no interruption in use. Commissioner Forner agreed that the proposed GWC zone was a good approach to creating a better atmosphere for the strip along Central Avenue, but she felt that it did provide one more area of competition for the downtown area. She felt this was a valid concern and realized that the downtown area was not flourishing at the present time. She agreed with the intent of the plan, but 6 Kent Planning Commission Minutes March 20 , 1989 agreed that it would be another means of drawing business out of the downtown area. Commissioner Ward felt that the proposed Gateway Commercial zone was an innovative approach. If the solution works in this area, the approach could be applied to other areas in the city. He felt this should be an encouragement for development in Kent. Limiting the fast-food uses in the area he felt would help to hold down the increase in traffic. Mr. Satterstrom asked if crop and tree farming had been added to the motion noting that Phyllis Mauritsen had made this request at an earlier hearing. Commissioner Stoner responded that crop and tree farming had been included as a permitted use in all zones . Chair Martinez clarified the motion by stating that the ciateand Commercial zoning district will promote "quality" mixed-use development in an area which is currently without a dominant, recognizable character. It should help to create a new and upgraded appearance for East Valley Highway. Implementing the provisions of Gateway Commercial will encourage development and redevelopment that will have long-term benefit to the East Valley Highway and the entire City of Kent. Carol Stoner MOVED that the mitigated Gateway Commercial zone be established as recommended by the Planning staff and that it be applied to the land designated as Area 1. Commissioner Ward SECONDED the motion. Motion carried. Commissioner Stoner MOVED that tree crop nursery activities be included in the list of principally permitted uses for the Gateway Commercial zone. Commissioner Uhlar-Heffner SECONDED the motion. Commissioner Forner felt that tree crop farming and nurseries did not have any place in this zone because of the use of chemicals for spraying. Discussion followed. Motion carried. Commissioner Stoner MOVED that the Office designation be applied to Area 2 . Commissioner Greenstreet SECONDED the motion. Commissioner Stoner did not feel that the other uses that had been suggested for Area 2 were appropriate for an area that is so close to the freeway. She felt the area was more appropriate for Office designation. Commissioner Greenstreet supported the motion because the site seemed like a natural solution because of the overpasses over the freeway and closeness to the other commercial area. He felt that the Office designation would add more to the city than vacant land or a mobile home park. He had concern about the cemetery, but staff had assured him that the preservation of the 7 Kent Planning Commission Minutes March 20, 1989 cemetery would be addressed with the developer at the time of development. Motion carried. ADJOURNMENT Commissioner Stoner MOVED to adjourn the public hearing. Commissioner Greenstreet SECONDED the motion. Motion carried. The meeting was adjourned at 8 : 55 p.m. Respectfully submitted Pcred N. Satterstrom ing Planning Director 8 KENT PLANNING COMMISSION MINUTES February 13, 1989 The meeting of the Kent Planning commission was called to order by Chair Martinez at 7 : 30 p.m. on Monday, February 13 , 1989 in the Kent City Hall , City Council Chambers. COMMISSION MEMBERS PRESENT: Linda Martinez , Chair Robert Badger, Vice Chair Anne Biteman Greg Greenstreet Carol Stoner Raymond Ward Gabriella Uhlar-Heffner COMMISSION MEMBER ABSENT: Elmira Forner, excused PLANNING STAFF -MEMBERS PRESENT: Fred Satterstrom, Acting Planning Director Dan Stroh, Senior Planner Ken Astrein, Planner Lois Ricketts, Recording Secretary ENGINEERING DEPARTMENT: Marty Nizlek, Transportation Engineer Ed White, Assistant Transportation Engineer APPROVAL OF PLANNING COMMISSION MINUTES OF THE JANUARY 30 1989 MEETING commissioner Stoner MOVED that the minutes of the January 30, 1989 Planning Commission meeting be approved as printed. Commissioner Biteman SECONDED the motion. Motion carried. Chair Martinez reopened the public hearing. EAST VALLEY ZONING STUDY (GWC) Mr. Satterstrom entered the Sound Ventures Development Company letter dated January 30, 1989 as Exhibit 1, and a letter from Hill Investment Company dated February 8 , 1989 as Exhibit 2 . Ken Astrein presented the three actions involved in the East Valley Zoning Study: (1) creating a Gateway Commercial Zoning District (GWC) complete with design, landscape and development standards ; Kent Planning Commission Minutes February 13 , 1989 (2) applying this new zoning district to the area outlined; (3) rezoning the site located on the corner of SR 167 and South 212th from Mobile Home Park to Office. Jim Torina, realtor, 1048 West James Street rr104 , Kent, WA 98032 , representing the Pierres ' 4 . 8 acres of property, presented drawings of the proposed development which have been designed based on the GWC requirements . He expressed support of the new GWC standards, because it would allow higher use of the property. He did not object to the landscaping, sidewalk and setback requirements, but was concerned about the appearance of inconsistency along the street if only the new developments had sidewalks, curbs, etc. He felt that the street improvements should include the entire street. Torgy Torgerson, 24456 164th SE, Kent, 98042, felt that the area was industrially oriented, not retail oriented. Only 20 percent of the area is currently undeveloped. He felt that the sprinkling of GWC uses would not change the appearance of the area significantly, and that the GWC landscaping requirement could eventually restrict the displaying of merchandise. He wished to use his property for auctions, a use not allowed under the proposed GWC zoning regulations . He asked that the Commission not recommend GWC to Council but he encouraged staff to consider CM2 zoning for Area 1. Gary Young, The Polygon Corporation, 4020 NE Lake Washington Boulevard, NE, Kirkland, WA 98033 , developer of the Area 2 property, submitted into the record Exhibit 3 , a letter dated February 13 , 1989 to Mr. Nizlek from Bell-Walker Engineers, Inc. The letter stated that additional study showed the impacts created by the proposed development on the intersection of SE 212th and East Valley Highway are insignificant; the flow would be opposite to the peak flow on South 212th Street. He submitted Exhibit 4 , a letter dated February 13 , 1989 from Bell-Walker Engineers, Inc. to Gary Young, explaining the methodology utilized in determining the length of the right-turn (eastbound) lane on 212th which would provide right-turn access into the proposed development. The design would provide 85 feet plus the 50 foot area that follows the taper, a total of 135 feet. This has been approved by WSDOT. He rescinded his previous estimate of 150 feet. One-car storage is required, and they have provided for a three-car storage area. Because Area 2 is providing its own traffic mitigation which improves the situation at the interchange of SR 167/212th and is independent of the East Valley Road traffic situation, he asked that consideration be given to approving Area 2 , even if Area 1 is not approved at the present time. 2 Kent Planning Commission Minutes February 13 , 1989 Gary Griswold, realtor, 5245 West Mercer Way, Mercer Island, 98040, supported the proposal because it would eliminate the constant nonconforming applications which are sometimes granted. It will also enable the Planning Department to plan for the future in a more realistic way. The aesthetic value of the area could be controlled and monitored for the benefit for everyone. Since growth will inevitably occur, he felt it is important to set guidelines to deal with the growth. He felt that the GWC rezoning would provide these guidelines. The traffic count could be lowered by serving the local consumer and eliminating the need to drive out of the area for goods and services. He felt there would be a minimum number of people who would come to the area because of the rezone. He commended the Planning Department for visualizing the impending growth and dealing with it from an offensive rather than defensive position. Phyllis Mauritsen, Kent Nursery, felt the zoning change to GWC would be a reasonable way to control the growth that is coming. If this is approved, she asked that crop and tree farming be included in the code as a permitted use for this zone. All the other zones in the city include crop and tree farming. Surinder-Pal Khela, 10818 SE 236th, Kent, 98031, supported the proposed GWC rezone because Polygon has provided adequate traffic mitigation. He suggested that Area 2 be approved as an office district, even if Area 1 were not approved at the present time. Rick Romney, partner with Spieker Partners, 1746 89th Place NE, Bellevue, a Kent commercial developer during the past nine years, explained that the addition of the freeway interchange at South 212th and East Valley Highway has changed traffic considerably. He has a 100-unit motel development planned for the area at South 206th and East Valley Highway. He foresees this area as a commercially-oriented corridor. He has been waiting four years for this rezoning. The Planning Department previously agreed with his request but had asked him to wait until this study is completed. He supported the proposed GWC but suggested minor changes. James Lashbrook, United Truck Lines, Inc, 8801 South 218th, Kent, 98031, supported the GWC proposal and felt this zoning could support some of the needs of the area. He noted that everything on the north side of South 218th and on the east side of the proposed GWC is currently zoned M2 . The south side of South 218th is currently zoned CMl. He would like to see the south side changed to M2 . Lawrence Campbell , Campbell and Associates, 1609 South Central Avenue, Kent, supports the GWC plan but feels that all properties 3 Kent Planning Commission Minutes February 13 , 1969 south of 218th, west of the freeway and east of the GWC zone should be zoned M2 , which would make the entire strip of land consistent along the entire length of the . proposed GWC zone. The M2 designation would allow businesses that are now operating in that area to expand and remain in business rather than relocate. Don Lundberg, 2310 100th Avenue SE, Bellevue, owner of Tract 8 and the north half of Tract 7 , stated that he built a high-quality steel building in strict conformance with the M1 zoning for Ingersoll Rand Company. This was designed especially for servicing and sales of heavy machinery. This building is presently occupied by Petzoldt Brothers Inc. which services and maintains large truck fleets, such as Lynden Transfer, Coca Cola and other companies. The use for which this building was designed would not be permitted under GWC zoning. The boundary for the GWC is on the east side of this building. He requested that the eastern boundary of GWC be moved to the west side of his facility so that he would be able to continue to operate the facility. If he were to lose a tenant and the building were empty for six months, he would not be able to rent the building for its present use. He explained that all the repair and servicing of heavy equipment takes place within the walls of the building, but parking and storage of large equipment must take place outside the building, a use not permitted in the proposed GWC zone. He felt that GWC zoning would be appropriate for the front portion of his property. Howard Montoure, Montoure Realty, 21620 84th Avenue South, has been located in the area 12 years and has been waiting for a rezone. Sites along this area are too small for industrial facilities. He would like to place a retail center in this proposed GWC zone without a conditional use permit. Jim Torina added that he has located several tenants for a certain empty building, but business licenses could not be issued because of the current zoning. Regarding the suggestion of M2 zoning south of South 218th, Phyllis Mauritsen commented that there are a number of small businesses in this area that fit into the CM zoning designation. She felt that the extension of M2 would be a mistake since there is a mobile home park located in the area. Torgy Torgerson expressed concern about the rear setback requirement of five feet of landscaping. He felt there was no reason for this landscaping, that it was lost property and a waste of money. 4 Kent Planning Commission Minutes February 13 , 1989 Dan Stroh responded to the question of the Petzoldt Brothers site by stating that existing businesses had been considered when drawing the proposed boundaries. He had no objection to withdrawing this building from the GWC zone. He added that portions of the nursery site are included in the proposed GWC zone. He saw no reason why crop and tree farming could not be included in the proposal . Discussion followed regarding the separation of Area 1 and Area 2 . Mr. Satterstrom responded that this was an area-wide issue. Mr. Nizlek submitted Exhibit 5, a memorandum to the Planning Commission dated February 13 , 1989 , showing present and projected traffic volumes. There are deficient levels of service that exist on South 212th Street at East Valley Highway and in the vicinity of SR 167 . The addition of 200 trips to the present zoning could be accommodated if South 212th were widened both east and west of East Valley Highway by one lane in each direction, and East Valley Highway from the southbound off ramps of SR 167 to 228th. The signals at South 212th and SR 167 southbound off ramps should be improved. For the addition of 400 trips, East Valley Highway th should be widened north of the southbound off ramp to 224im by one lane in each direction and the signal at 224th should be improved. If 800 trips were added, East Valley Highway should be widened north of 224th with attention to turn lanes and signals as developments are determined. Kent has been growing approximately four percent per year. With the growth of 1, 000 trips plus a 15 percent factor representing this growth, SR 167 would become a problem even though widened by two lanes, the off-ramp would have congestion problems, and 224th would become a problem. He stated that truck traffic usually uses off hours for moving goods. He added that the master plan includes widening of East Valley Highway to five lanes when funding becomes available. Commissioner Badger pointed out that the widening of East Valley Highway could make it increasingly attractive for gaining access to SR 167 and the north valley area. He asked if the proposal included a request for dedication of each side of East Valley Highway for additional lanes. Mr. Stroh responded that it was now 65-80 feet wide and additional widening had not been taken into consideration in this proposal . Seven lanes and sidewalks would require more than 100 feet. Mr. Torina felt that if 20 additional feet were required for roads and 20 feet more for landscaping, the landscaping requirement should be reduced. 5 Kent Planning Commission Minutes February 13 , 1989 Mr. Young asked if the traffic mitigation being discussed affected Area 1 or Area 2 or both. Mr. Nizlek responded that the traffic studies involved Area 1, and he did not feel that Area 2 would contribute to the traffic situation being discussed. Chair Martinez asked if there were other measures that might mitigate traffic congestion other than making roadways wider. She wondered if the proposed rail study would have any effect on the area, and if cooperation between businesses and Metro to obtain smaller busses to service the area would help to mitigate the problem. Mr. Nizlek responded that the most that could be expected from such other mitigation measures would be a 15 percent reduction. Commissioner Stoner asked for a specific mechanism for a traffic mitigation measure that could be included in this rezone study. Mr. Nizlek responded that as development occurs, dedication of the necessary rights of way along the frontage is the standard procedure. Commissioner Stoner MOVED to close the public hearing. Commissioner Ward SECONDED the motion. Mr. Satterstrom suggested that staff (1) look at possible ways to mitigate the proposal by looking at the allowed uses in terms of reducing the trips ; (2) look at the desirability and mechanism for adding two lanes; (3) look at some options for the freeway intersection of SR 167 and the East Valley Highway. He stated that it is difficult to channel 40, 000 trips underneath the overpass of SR 167 with the limitation of four lanes. He suggested looking at options in terms of disallowing certain left-hand turns in the area and ways of decreasing the delay through intersections. Commissioner Badger MOVED to continue the hearing to March 20, 1989 . Commissioner Stoner SECONDED the motion. Motion carried. ADJOURNMENT Commissioner Badger MOVED to adjourn the meeting. Commissioner Stoner SECONDED the motion. Motion carried. The meeting was adjourned at 10 : 10 p.m. Res/peectfullysubmitted, WIA (�T/ N G% ice 1 red N. Satterstrom cting Planning Director 6 KENT PLANNING COMMISSION MINUTES January 30, 1989 The meeting of the Planning Commission was called to order by Chair Martinez at 7 : 30 p.m. on Monday, January 30, 1989 in the Kent City Hall, City Council Chambers. COMMISSION MEMBERS PRESENT: Linda Martinez, Chair Elmira Forner Greg Greenstreet Carol Stoner Raymond Ward COMMISSION MEMBERS ABSENT: Anne Biteman, excused Robert Badger, absent Gabriella Uhlar-Heffner, absent PLANNING STAFF MEMBERS PRESENT: Fred Satterstrom, Acting Planning Director Dan Stroh, Senior Planner Kathy McClung, Senior Planner Stephen Clifton, Planner Lauri Anderson, Planner Ken Astrein, Planner Lois Ricketts, Recording Secretary ENGINEERING DEPARTMENT Marty Nizlek APPROVAL OF THE PLANNING COMMISSION MINUTES OF JANUARY 12 , 1989 Commissioner Forner MOVED that the minutes of the January 12 , 1989 Planning Commission meeting be approved as printed. Commissioner Ward SECONDED the motion. Motion carried. Chair Martinez opened the public hearing. EAST VALLEY ZONING STUDY Ken Astrein presented the East Valley Zoning Study. The basis for the recommendations are contained in the amendments to the Comprehensive Plan which were adopted by Council in June 1988 . The recommendations included (1) create a new commercial zoning Kent Planning Commission Minutes January 30, 1989 district entitled Gateway Commercial (GWC) . (2) apply this new zoning district to the area recently designated Commercial in the Valley Floor Plan, and (31 rezone an area from Mobile Home Park (MHP) to Office (0) as designated in the East Valley Study Amendments to the Valley Floor Comprehensive Plan. The proposed Gateway Commercial zone is designed to promote commercial development which would minimize some of the adverse physical and visual impacts often associated with corridor commercial development. Two public meetings were held to hear the public ' s concerns. The new Gateway Commercial zone would provide retail commercial uses along East Valley Highway and encourage a more unified development and recognizable image for the area. Among the permitted uses to be, allowed would be retail establishments within an enclosed building, personal services, office and professional services, business services, restaurants, taverns and night clubs, and repair services. The suggested conditional uses would include gasoline service stations and automotive repair facilities. The minimum lot size and maximum coverage would be the same as required for the General Commercial zone. A side yard setback of five feet would be required; if adjacent to residential districts, a 20-foot setback would be required. Area 1 encompasses all the property adjacent to East Valley Highway bounded on the -south -by the SR 167 -overpass and extending 300 feet north of 212th Street, an area of approximately 102 acres. Current zoning is a mixture of General Commercial (GC) , and Commercial Manufacturing (CM) in the southern half of the area, and Limited Industrial (M2) , and General Industrial (M3) in the northern half of the area. Existing uses range from heavy industrial to residential. Criteria used in establishing this zoning change included: 1) follow the natural and physical boundaries whenever possible; 2) follow existing commercial boundaries wherever possible; 3) follow property boundaries wherever possible; 4) encourage land assembly; and 5) avoid creating nonconforming uses wherever possible. Nonconforming standards would apply to the existing developments, which would have to conform to the new standards upon expansion. Area 2 is adjacent to and east of SR 167 , north of 212th, south of 208th Street and is bounded on the west by 92nd Avenue. This area is approximately 13 . 2 acres in size and surrounds the Saar Cemetery on three sides. The site was originally approved for mobile homes in 1984 , but development never occurred. Land has been zoned MHP, and there have been minor grade and fill improvements. The proposed zoning would change the site from MHP to Office. It is felt that this would be compatible with the surrounding land uses . Because of its proximity to the interchange at SR 167, noise makes 2 Kent Planning Commission Minutes January 30, 1989 it inappropriate for residential use. This zoning change would reduce commercial development pressures and further the economic goals of the Comprehensive Plan. The Planning staff recommends the Commission approve the following three actions: 1 . Establish a Gateway Commercial zoning district complete with use, development and sign standards; 2 . Apply this Gateway Commercial zoning district to the area labeled "Area 111 ; 3 . Apply Office zoning to Area 2 east of SR 167. Marty Nizlek, City Traffic Engineer, stated that anticipated uses of the rezoned area would generate traffic at a much greater rate than the present buildout of the area. In 1980 this area generated 3,300 trips per day, and 35, 000 could be expected in the year 2000. Earlier reports showed a projected volume of 24, 000 vehicles per day on the East Valley Highway along the corridor. The proposed rezone would at least double the vehicle trips. He felt that the four-lane facility could not handle 40, 000-50, 000 trips per day. The existing Mobile Home Park zoning of 13 .2 acres would have generated 528 trips per day. With the rezone of Area 2 to Office, he estimated that 3 , 300 trips per 'day would be generated. He l expressed more concern about Area 1 than Area 2 . Commissioner Ward asked for current traffic generation figures. Mr. Nizlek responded that he did not have current traffic counts but stated that the intersection of 212th and East Valley Highway would go to level of service F, critical failure. There are no current plans for a seven-lane arterial at that location. Commissioner Stoner asked if he could foresee any mitigation measures. Mr. Nizlek felt that growth in traffic in this area should be studied. There is no current study model that would provide this information. When asked if there were any commercial uses that would have less impact on the roadways, Mr. Nizlek responded that because he had been in the current position only since November 1988 , he did not feel he could predict how the impacts should be handled. He did state that fast food establishments have the greatest impacts on the roadways. Fast food facilities create 2 , 300-2 , 850 trips per day per acre; hotel/motel facilities generate 200-1, 000 ; auto service and repair facilities generate 500-1 , 200 ; indoor retail commercial facilities generate 700-900 ; convenience retail generates 270-330 . Fast food generates five percent of the trips in the evening peak hour. Most other uses generate 10 percent of the trips in the evening peak hour. Out of the 32 . 5 acres he felt would be developed, 20 percent 3 Kent Planning Commission Minutes January 30, 1989 would be developed into fast food facilities, 20 percent into office, 10 percent into hotel/motel, 20 percent into auto services and related repair, 120 percent into retail commercial, and 10 percent into convenience retail . When asked if he had considered efforts to encourage public transportation, use of HOV lanes, car pools and a transportation management system in his factoring, he responded that he had not; but with a well-supported traffic management system a 10-20 percent reduction could be expected. He had already reduced his calculations by 45 percent assuming that this percentage would represent diverted trips. Chairman Martinez asked that a copy of this report be submitted to the Commission. The report was copied and submitted to the Commission later in the hearing. Gary Young, Polygon Corporation, 4020 Lake Washington Boulevard NE, Suite 201, Kirkland, developer of the property designated as Area 2 on the plan, submitted into the record a letter Dated January 30, 1989 which supported the staff recommendation. This property is impacted significantly by freeway noise. Their traffic consultant's studies conclude that office or commercial development would be feasible for this site. The proposed development would provide the following changes in the 212th intersection: (1) the northbound off-ramp would be widened to provide a double left-turn lane and a through lane to 90th Avenue South, the access for the Valley Freeway Property; (2) an eastbound left-turn lane would be constructed to provide left-turn access onto 90th Avenue South; (3) a separate right-turn lane would be provided for westbound traffic to turn onto 90th Avenue South to enter the Valley Freeway project; (4) the eastbound South 212th Street approach would be widened to provide a right-turn lane onto the southbound on-ramp; (5) the southbound off-ramp would be rechanneled to increase the storage for left-turning vehicles. These improvements would be provided by the development. He felt that there is currently an adequate supply of residential and industrial land, but there is a noticeable shortage of accessible land designated for commercial and office use. He felt this site is well suited for this use. Their additions to the intersection would improve the functioning of this intersection. Commissioner Forner expressed concern about the grade and curve of the hill and the length of the additional lane for slowing traffic. Mr. Young responded that this lane would be 150 feet long. He added that they had used Washington State Transportation standards in determining the length of this lane_ Ted Bell, Bell Walker Engineers, explained that the proposed plan would improve the present situation. 4 Kent Planning Commission Minutes January 30 , 1989 Commissioner Stoner asked what plans Polygon had made for the historic cemetery site. Mr. Young responded that the cemetery would continue to be zoned Residential Agricultural, RA, and there would be a 20-foot setback. On the east side of the cemetery there would be a significant separation from the project. Polygon would maintain the separation, and the cemetery would continue in its present form. Jim Rust, 8619 South 218th, asked if there were any provisions for routes around South 218th. At the present time cars enter South 218th and leave by going out the same street. Bob Millikin, Operations Manager of Van Waters and Rogers, 8201 South 212th, moved from Seattle in 1973 to Kent and has no desire to change their location. He expressed concern that future development may not wish to have them remain in this area. He was also concerned about making a left-hand turnout from this property. Mr. Satterstrom responded that Van Waters and Rogers conforms to the zoning code and is one of the most attractive M3 uses in the East Valley area. He saw no reason for concern. Torgy Torgerson, 24456 164th Avenue SE, Kent, felt that the present zoning should remain unchanged or be changed to Commercial Manufacturing because of the surrounding uses. He was also concerned about trees obscuring signs in the area. Lawrence Campbell, 1609 South Central, Kent, supported the proposed rezone but wondered why all the areas within the East Valley were not being rezoned to comply with the plan. He felt it would be unfair to the other property owners if they were required to individually go through the zoning process. He represented two clients who wished to rezone their properties. Mr. Satterstrom responded that these two areas were significantly inconsistent with the planned designation. Jim Lashbrook, 8801 South 218th, asked if the traffic mitigation would be implemented prior to, during, or after the zoning change. He felt the area between SR 167 and the proposed GWC should remain M2 . HOUSING ELEMENT UPDATE Mr. Clifton presented the proposal for the Housing Element Update as requested by Council Resolution Number 1172 which directed the Planning Department to conduct a two-phased study. Phase I was to Update the Housing Element, and Phase II was to do an area-by-area analysis of the residential densities. The Kent Comprehensive Plan has not been updated since 1977 . The Planning staff, with the help 5 Kent Planning Commission Minutes January 30, 1989 of a nine-member advisory committee, reviewed every goal, policy and objective in the existing plan and unanimously endorsed the revisions to the Housing Element Update.. Following is a summary of the five goals. Goal 1 deals with maintaining and improving the city's existing residential neighborhoods. There is an emphasis on the retention of existing residential areas as livable and attractive neighborhoods. These are considered vital to the overall health of the city. A survey will take place to analyze the existing infrastructure deficiencies. one policy addresses protection of existing single family neighborhoods from incompatible uses or other intrusions through buffers, landscaping, fencing and density gradations. Goal 2, New Housing Element, deals with the integration of new development with existing housing. The first objective addresses new residential development in suitable areas of the Valley Floor. This would help to direct growth close to transportation corridors, near commercial centers and along major commuter transit routes. Manufactured housing has been proven to be a cost-effective housing type and can fit in with existing .single family neighborhoods. Housing policies for multifamily development include establishing densities for new growth and for single family development, limiting multifamily development on East Hill, responsibly guiding new residential growth and developing areas already served by utilities and transportation systems. Goal 3 , Housing Diversity and Affordability, plans for more balance between multifamily and single family housing. By preserving and maintaining housing, more affordable housing would become available. Mixed-use zoning would provide an opportunity to live closer to transportation, shopping and recreational opportunities . Infilling under-developed neighborhoods can often strengthen existing single family neighborhoods by adding new housing to these areas. By reducing minimum lot sizes, it is hoped that this would reduce the cost by increasing the supply. Goal 4 , Housing and the Natural Environment, assures that environmental quality exists in residential areas by prohibiting residential development in areas unsuitable for development, such as wetlands and areas that have steep slopes. Conserving features such as streams, trees and wetlands, providing for open green areas in residential neighborhoods, protecting sensitive area such as woodlands, wetlands, meadows and wildlife habitats also assure environmental quality. The Hazard Area Development Limitations Map, which currently includes creeks, waterways, steep and unstable slopes and ravines, should be updated to include woodlands, 6 EAST VALLEY ZONING TRAFFIC SUM1 ARY Existing Zoning Buildout - 62 . 9 Developable Acres Manufacturing Commercial Total Low # of Trips 1, 091 23 , 333 24 ,423 Low PM Peak 135 828 962 High # of Trips 1, 793 35 , 319 37 , 112 High PM Peak 230 1, 198 11427 Gateway Commercial Buildout - 62 . 9 Developable Acres Manufacturing Commercial Total Low # of Trips 0 48 , 119 48, 119 Low PM Peak 0 1,707 11707 High # of Trips 0 72 , 838 72 ,838 High PM Peak 0 21470 21470 Gateway Commercial Buildout W/10 . 3 Developable Acre Reduction & Limited Fast Food Uses - 52 . 56 Developable Acres Manufacturing Commercial Total Low # of Trips 0 28 ,432 28,432 Low PM Peak 0 1, 097 1,097 High # of Trips 0 46, 537 46 ,537 High PM Peak 0 1, 667 11667 SUMMARY OF P.M. PEAK CHANGES Net Additions from Existing Zoning to Gateway Commercial Low PM Peak 745 High PM Peak 1,042 Net Additions from Existing Zoning to Modified Gateway Commercial Low PM Peak 135 High PM Peak 240 KENT PLANNING DEPARTMENT March 20 , 1989 MEMO TO: Linda Martinez , Chair, and Planning Commission Members FROM: Fred Satterstrom, Acting Planning Director SUBJECT: East Valley Zoning The East Valley Zoning Public Hearing has been continued to this date in order to gather additional information about the traffic impacts of the proposed rezone to "Gateway Commercial. " Planning Department staff has reviewed available land to determine the buildout traffic levels possible with no change, with implementation of the original proposal and with implementation of a scaled-back rezone. The Traffic Division of Public Works conducted field studies to determine current utilization of East Valley Highway in the vicinity of the proposal. Public Works staff has previously reported to you on a computer model constructed to identify points of congestion along East Valley Highway and levels of service under various scenarios of future traffic increases . The Planning, Public Works and Legal departments have arrived at a joint proposal which addresses traffic mitigation measures necessary under SEPA environmental review and the rezone action. Following is a synopsis of the review and a staff recommendation. 1. Present average daily traffic volumes along East Valley Highway in the vicinity of the proposal (from 212th Street to SR 167) range from 23 , 000 to 34 , 000 trips. See Attachment 1 . 2 . LOS E conditions presently occur at the intersection of East Valley Highway and 212th Street, and at the SR 167 underpass . See attachment 2 . 3 . Under a no-action alternative, i.e. , maintenance of existing GC, CM, M1 and M2 zoning, an additional 24 , 423- 37 , 112 average daily trips/962-1, 427 peak-hour trips (adjusted for linked trips) are projected to be generated by new uses developing within the 102 .5 acres proposed for rezoning. These uses would be expected to occur with no change in zoning. Projections are based on an identification of vacant and underdeveloped parcels within the 102 . 5 acre area, an analysis of permitted uses under current zoning, and trip projection based on standard ITE rates . _. 4 . Under the original proposal for rezone of 102 . 5 acres from GC, CM, M1 and 142 zoning to Gateway Commercial , new development is projected to result in 48 , 119-72 , 838 average daily trips/1, 707-2 , 470 peak-hour trips (adjusted for linked trips) . The net difference between projected additional trips under existing zoning and the proposal is 745-1 , 043 peak hour trips. These are the net new peak-hour trips associated with the proposed non-project action. 5 . Mitigating conditions have been identified which would both reduce the acreage included in the rezone and limit drive-through "fast food" restaurant uses. Under a modified proposal for rezone of lesser acreage and a limitation on fast food uses within the Gateway Commercial zone, new development is expected to result in 28 , 432-46, 537 average daily trips/1, 097-1, 667 peak- hour trips (adjusted for linked trips) . See Attachment 3 . The net difference between projected additional trips under existing zoning and the mitigated proposal is 135- 240 peak hour trips . These are the net new trips associated with the modified proposal . RECO14MENDATION Staff recommends approval of the proposal for rezoning to Gateway Commercial and Office designations, with two changes: 1) a reduction in size of the Gateway Commercial area by 15 . 2 acres, as shown on attachment 3 . This reduction would take place on both the east and west sides, in the area originally proposed for deepest application of the new zone. 2) a 1000-foot separation requirement on drive-through restaurants designed to limit the number of fast food uses occurring within the rezone corridor. ITE trip generation rates for this use are over three times the rate for the next most intensive generator surveyed for the rezone analysis . Additional traffic mitigation conditions are being applied through the SEPA environmental review process. It is expected that these SEPA conditions will address much of the Commission' s concerns about the traffic impacts of the Gateway Commercial zoning. A copy of the SEPA Decision Document is attached for your information. DS/lr s � ` nl S. 212TH ST 3 Z,Z oo 0 0 _ rr� N 0 ' 0 . N N \61 �e- O - o � oo _ EV CT Vic - � . � (� uFl i Lam( T�RA FFfL S. 228TH /W G� D ',o S. 22BTH ST /E Lev V E NGInE,N IrI(i De YnH Tmrrir SCMI newvin_._--- ULLCXin_ 0. _ w S. 212TH S7 N t I' 61 n 5� • � - Ev�wc - pi`E6EnI7- Low �Y L�DC�Tlo�/ S. 226TH AV S. 220TH ST /E C / � Y C� 01t Sl �J CS L irl if � O-Z t) PAI<TmCNf 1. o[acu[o :c.r[ m n.rt — [mcx[o m rr.t„r�: FAST VALLEY ZONING STUDY "Gateway Commercial " Proposed Zoning Doundar : Proposed Areas Reduction J=I 1 Y SCALE l : 8400 K" ENT GIS J AN N . 19 e 9 ADDENDUM TO ENVIRONMENTAL REVIEW DECISION DOCUMENT EAST VALLEY ZONING STUDY nENV-89-1 The January 25 staff report on this proposal noted that a final recommendation was pending while awaiting receipt of comments from the Public Works Department. Comments have been received from the Transportation Engineer. Following is additional information on the existing traffic system and the proposal ' s impacts . A. GATEWAY COMMERCIAL PROPOSAL 1 . Present average daily traffic volumes along -East Valley Highway in the area of the proposal (from 212th Street to SR 167) range from 23 , 000 to 34 , 000 trips . See Attachment 1. 2 . LOS E conditions presently occur at the intersection of East Valley Highway and 212th Street, and at the SR 167 underpass during PM peak hours. See attachment 2 . 3 . Under a no action alternative, i . e. , maintenance of existing GC, CM, M1 and M2 zoning, an additional 24 , 423- 37, 112 average daily trips/962-1, 427 peak hour trips (adjusted for linked trips) are projected to be generated by new uses developing within the 102 . 5 acres proposed for rezoning. These uses would be expected to occur with no change in zoning. Projections are based on an identification of vacant and underdeveloped parcels within the 102 . 5 acre area, an analysis of permitted uses under current zoning, and trip projection based on standard Institute of Transportation Engineers (ITE) rates. 4 . Under the original proposal for rezone of 102 . 5 acres from GC, CM, M1 and M2 zoning to Gateway Commercial, new development is projected to result in 48 , 119-72 , 838 average daily trips/1, 707-2 , 470 peak hour trips (adjusted for linked trips) . The net difference between projected additional. trips under existing zoning and the proposal is 745-1, 043 PM peak hour trips . These are the projected net new P14 peak hour trips associated with the proposed non-project action. 5 . Mitigating conditions have been identified which would both reduce the acreage included in the rezone and limit drive-through " fast food" restaurant uses . ITE trip generation rates for the fast food use are over three times the rate for the next most intensive generator surveyed for the rezone analysis . Under a modified proposal for rezone of lesser acreage and a limitation .. 1 Addendum to Decision Document East Valley Zoning Study #Env-89-1 on fast food uses within the Gateway Commercial zone, new development is expected to result in 28 , 432-46 , 537 average daily trips/1 , 097-1, 667 peak hour trips (adjusted for linked trips) . The net difference between projected additional trips under existing zoning and the mitigated proposal is 135-240 peak hour trips . These are the net new trips associated with the modified proposal. 6 . The City recognizes that this rezone action will impact traffic both in the immediate vicinity of the proposal and in other areas of the City' s transportation system. Based on this proposal and on other land use and traffic changes which have occurred since the Citywide Comprehensive Transportation Plan was last updated, the City is committed to updating its Comprehensive Transportation Plan in the near future. B. OFFICE PROPOSAL The owner of this site, Polygon Corporation, has performed a site-specific traffic study - through Bell-Walker Engineers, Inc. In addition, the Washington State Department of Transportation (DOT) has placed conditions on completion of the South 212th/SR 167 interchange by the Valley Freeway property. The City Traffic Engineer has reviewed these site- specific studies . For the rezone action, no additional mitigation measures beyond the conditions placed by DOT have been identified as necessary. However, the City reserves the right to condition specific development proposals on the site under separate SEPA actions at a later date. The developer recognizes that participation in the City' s east-west transportation corridor projects will also be required. SUMMARY AND RECOMMENDATION Without imposition of the following terms and conditions, significant adverse and probable environmental impacts may not be mitigated and the proposed action may require preparation of an environmental impact statement. Staff recommends that a Mitigated Declaration of Nonsignificance be issued for the proposed non- project action, with the following mitigation conditions: 1. The staff proposal for rezone to Gateway Commercial shall be reduced by approximately 15 . 2 acres, as shown on Attachment 3 . This is the "mitigated" proposal referred to in item 5 above . 2 Addendum to Decision Document East Valley zoning Study #Env-89-1 to teway commercial all 2 . The staff proposal for rezon 000efoot aseparation betweenhdrivee modified to require a 1, through restaurant uses • This d quireby s t isidesigntens e use to limit the number of trips generate to a level manageable by the street network. 3 : _ At the time of development of sites within the Gateway r associated wi�h Commercial zone, mitigation off on amsite-specific basis, new development shall be applied ' which at a minimum will include participation in the City' s east-west transportation corridor projects . In addition, the applicant shall conduct a study if caldly identifying the entify and snumber generated by the proposal, trips specifically enerated under of trips over and above those which could rezoning to "Gateway the zoning in effect p "Gateway Commercial . " The applicant shall identify and perform measures, . in addition to participation in the City Is east-west corridor projects , .for mitigation of such trips. Examples include but are not limited to capital improvements at the e of development rights entrances to the rezone area, purchas in the vicinity, participation in a north-south 88th Corridor Project, or similar mitigation measures identified in the City' s Comprehensive Transportation Plan or Transportation Improvement Plan. 4 .1 The Planning and Public Works Departments shall develop a proposed Transportation system Management ordinance that addresses alternative methods of transportation, including ridesharing, transit, van-pooling and related approaches. KENT PLANNING DEPARTMENT March 17 , 1989 3 EAST VALLEY ZONING STUDY RENT PLANNING DEPARTMENT JANUARY 1989 SUMMARY OF PROPOSAL The East Valley Zoning Study recommends three proposed actions to Kent' s Planning Commission and City Council - 1) Create a new commercial zoning district entitled Gateway Commercial (GWC) complete with its own landscaping and sign regulations; 2) apply this new zoning district to the area recently designated Commercial in the Valley Floor Comprehensive Plan; and 3) rezone an area from Mobile Home Park (MHP) to Office (0) as designated in the East Valley Study amendments to the Valley Floor Comprehensive Plan. These actions will implement a new zone providing for commercial uses in a portion of the East Valley, in a manner which encourages high quality development and redevelopment. The proposed recommendations are based upon Comprehensive Plan amendments contained in the East Valley Study completed in March 1988 and adopted. by City Council the following June. The Commercial zoning study area encompasses all parcels adjacent to or near the East Valley Highway north of the State Route 167 overpass, up to a line approximately 300' north of S. 212th Street. The parcel recommended for rezoning to an office designation is located at the northeast corner of 212th Street and State Route 167 . The proposed new zone for the study area, Gateway Commercial, is designed to promote commercial development which minimizes some of the physical and visual impacts often associated with corridor commercial development. It will allow for quality commercial and office development as well as limited mixed-use opportunities and provide some flexibility to the site planner. The Gateway Commercial zoning district (GWC) will also promote the creation of a more unified appearance along East Valley Highway by enhancing the signage and landscape standards, as compared to the current Commercial and Industrial zoning districts. The proposal is designed to address the "image problem" referred to in the East Valley Study. -' 1 INTRODUCTION A. History of Proposal Much of the East Valley area has traditionally been developed for industrial uses with scattered commercial sites along East Valley Highway. In recent years, the nature of development pressures in the area has been changing, with new interest in contemporary mixed use developments, and commercial uses. In response to these changes, City Council directed the Planning Department to analyze and make recommendations regarding the East Valley's existing zoning and Comprehensive Plan Policies. The study was presented in March 1988 , and adopted by Council the following June. Two of the East Valley Study's recommendations are addressed by this report: 1) the establishment of commercial zoning (where industrial zoning currently exists) for properties along East Valley Highway, in recognition of the area's changing character and in an effort to improve the visual environment of the East Valley corridor; and 2) a change of zoning from Mobile Home Park (MHP) to office (0) for a vacant 12 .73 acre parcel at the northeast corner of 212th Street and State Route 167. Both of these zoning proposals are consistent with the Comprehensive Plan map amendments adopted by Council pursuant to the East Valley Study. B. Process for Developing Proposal The process for developing the proposals recommended in this report included public meetings for informing and receiving feedback from interested parties. The first meeting was held on September 71 1988 , and was attended by land owners within the study area, developers, realtors and other interested parties. The meeting was conducted as a scoping session designed to introduce the concepts of the study. Ideas were gathered from participants regarding the development and implementation of the proposed Gateway Commercial zone. In addition, special problems and issues were identified for the Planning Department' s review. A second meeting was held on November 3 , 1988 . With a similar audience attending, the Planning Department presented its preliminary proposal for a Gateway Commercial zoning district including permitted uses and development standards. The proposed boundary lines for implementing the new zone were also discussed, and concerns from the audience were identified for incorporation into the final recommendations. As a result of this meeting, staff made several changes to the original proposal . For example, the maximum height of freestanding signs was raised from 12 feet to 15 feet for reasons of safety and to prevent vandalism. The need for automotive repair facilities and car washes was also addressed by adding them as conditional uses with enhanced development standards in order to minimize adverse visual impacts . 2 The final proposal will be presented before the Planning Commission at a Public Hearing on January 30 , 1989 . At this time, members of the public may make additional comments before the Commission recommends any actions to City Council. C. Synopsis of proposed Actions Individual zoning map amendments are normally heard by the City' s Hearing Examiner prior to Council action. In this instance, however, the proposed map and text amendments are based upon an area-wide study, the East Valley Study, and are area-wide in their implementation. Based on the area-wide nature of the study, City Council has empowered the Planning Commission to conduct Hearings for both the zoning map and text amendments proposed in the East Valley Zoning Project. Specifically, the three actions- which are being recommended for implementation are: , 1) adopt a zoning text amendment creating a new commercial zoning district entitled Gateway Commercial (GWC) complete with its own landscaping and sign regulations ; 2) approve a zoning map amendment applying p 1 ing this new zoning district to the area recently designated Commercial in the Valley Floor Comprehensive Plan; and 3) approve a zoning map amendment rezoning an area from Mobile Home Park (MHP) to Office (0) as designated in the East Valley Study amendments to the Valley Floor Comprehensive Plan. PHYSICAL CHARACTERISTICS OF STUDY AREA A. Boundaries of study area This staff report encompasses two study areas in the East Valley Floor. The area designated Commercial in the Valley Floor Comprehensive Plan, Area 11 includes all properties adjacent to, or within a maximum range of 700 ' from the East Valley Highway right-of-way, bounded on the south by the State Route 167 overpass and on the north by an east-west line approximately 300 ' north of S. 212th Street (see enclosed map) . The other area, Area 21 is designated Office in the Valley Floor Comprehensive Plan and is approximately 13 . 2 acres in size. This parcel, also known as Silent Meadows from a proposed mobile home community which was never built, is located north of S. 212th Street, south of S . 208th Street, east of S.R. 167 , and west of 92nd Avenue. This study area also surrounds a pioneer cemetery on three sides along its southern boundary. B. Existing uses Existing uses in Area 1 vary widely from heavy industry to ajority of parcels facing scattered residential structures. The m the road, however, contain uses directly or indirectly related to commercial and industrial activity. Comprising almost 80 individual parcels of land, the area includes several gasoline stations , a variety of restaurants, a motel and an inn, numerous service-oriented businesses (e.g. income tax preparation, real estate sales) and approximately 20 single and multifamily 3 VICINITY IIAP EAST VALLEY ZONING STUDY AREAS MAP 1 n T O M , ✓` ,� ... . `I\ ui II nun.•n n.hroM Urr \vmM1 � 1 '.�\. . z �lcanr Cl" u,+lra O 1 FS�.y�J \ •fin IV.Oo�1 ` � y 1 p O .A ,\ � Ir• .n I \\ . IMTt RCMAnW 1'.t ORILUA o � i i � a c 1 i i • Iwn. n - _ • n a I 3 mnuiiRu• AxIA w.wr- � t •31 • nn• n31 • .s °I N 35 36 1 6 N 2 4� IRr• r i ZI 1 t �n7 C 3 \• 3 .I v; ,'1lu T rw .1 la •�t t .. ». • rw... r .. i : ior•' 1 6 i e% Area a•saicn _ � �',,� •5 Area 1 z - - i , g 1 Gn • ,nnv iAl � T K�SI•�J u�yiO•A ai ^ ' 1 % 12-7 11 12 13 1g la l3 rR. � \ c K ; O IMOUaTRIK ARU ,OA E 1 r .n•, .iy x••l residences. In addition, approximately 18 lots scattered along the East Valley Highway are either partially or fully vacant. Several heavier industrial uses like steel production exist in the study area, but most do not face directly along the highway. Area 2 is adjacent to S .R. 167 and is currently vacant. The site was partially graded in anticipation of -a mobile home park, but further development never occurred. The only use adjacent to the parcel is the Saar Cemetery - a pioneer cemetery currently zoned Residential Agricultural (RA) . Directly east of the site are steep, wooded slopes which buffer the area from the nearby residential development. C. . Environmental constraints The study areas are located on the floor of- the Green River Valley, an area characterized by soft, alluvial soils. This type of soil presents no serious problems to commercial development, although pilings and filling are sometimes necessary. No known environmental constraints exist throughout Area 1. A small portion of Area 2 located in the northeast corner of the site has been designated a Low Hazard Area on the City' s Hazard Area Development Limitations Map. Further investigation regarding the exact boundaries of this area, and any associated restrictions, should occur prior to actual development. D. Infrastructure State Route 167 is the largest arterial within the study area, but its access is limited to the area 's northern and southern boundaries. Currently, exit and entrance ramps exist at S. 228th Street and S . 212th Street. East Valley Highway is the primary arterial for access to sites throughout the study areas. A cross- section of the highway shows five lanes of traffic (two northbound, two southbound and one center left-turn lane) and provisions for curbs and sidewalks within the right-of-way. While most curbing is in place along the highway, sidewalks are limited; and bicycle- specialized circulation systems do not exist. Several property owners, however, have expressed interest in the creation of a Local Improvement District (LID) to facilitate the construction of additional sidewalks . City staff should make additional efforts to determine the level of interest in creating a Local Improvement District. Unique public improvement standards could be created to complement the development standards proposed for the Gateway Commercial zoning district. Traffic volumes along the highway currently range around 23 , 000 vehicles per day with high levels of congestion during p.m. peak hours. The City ' s Engineering Department currently estimates the number of peak hour trips along East Valley Highway between S . 212th St. and S . 224th St. at 2300 vehicles/hour. This figure compares with 1400 vehicles/hour between S . 180th St. and S . 192nd St. , and 2700 vehicles/hour between S . 192nd St. and S . 212th St. w 5 Levels of service (LOS) at the controlled intersections in the study area are currently at or near capacity, and range from C to F, with A being the best of conditions and F being the worst. These intersections include: S. 212th Street LOS F S . 224th Street LOS C S. 228th Street LOS C Northbound S.R. 167 LOS C Southbound S.R. 167 LOS D Improvements anticipated for East Valley Highway include the addition of dedicated right-turn lanes at the intersection of S. 212th Street. These lanes will be added without • acquiring additional right-of-way (ROW) ; however, the Engineering Department does anticipate future acquisitions to give the East Valley Highway a uniform 80 ' right-of-way. Since the current right-of-way ranges from a minimum of 65 ' to the necessary 801 , this adjustment should have no immediate effects on the study area. The area is fully serviced by City sewer and water lines. No improvements are scheduled for the study areas since the lines currently servicing the areas are designed to handle more intensive uses compatible with the existing commercial and industrial zones. COMPREHENSIVE PLAN The study area is included in Kent's Valley Floor Plan, which provides both policies and Comprehensive Plan map designations for the area in question. The Valley Floor Plan currently designates the study area for commercial uses. As noted above, this is a result of 1988 amendments stemming from the East Valley Study. The study, which was presented in March 1988, focused on existing land use trends and policies in the eastern portion of Kent's Valley Floor and included both parts of the study area addressed in this report. The East Valley Study analyzed existing land uses and policies and recommended specific actions regarding text and map amendments for the City-Wide and Valley Floor Comprehensive Plans. The study concluded that development pressures are occurring throughout the East Valley, particularly near the S.R. 167 interchange at 212th Street, and they are not being adequately addressed by the existing land use designations and zoning. Demands for commercial land uses are emerging with limited zoning to accommodate them. Furthermore, the area along East Valley Highway which is addressed in this report contains some commercial uses, but has no distinct commercial character. Included in the study ' s recommendations were a commercially designated area along the southern portion of East Valley Highway and an office designation for the land adjacent to S .R. 167 just north of S . 212th Street. These recommendations were 6 adopted by City Council in June 1988 as amendments to the City-Wide and Valley Floor Comprehensive Plans with specific zoning map and text changes to follow. With respect to specific policies, the Plan's Economic Element promotes controlled economic growth with orderly physical development, resource conservation and- preservation as its overall goal. Within this framework, the Economic Element seeks to assure that retail and commercial developments are in suitable locations . The proposals recommended in this study further these goals by providing an orderly transition from industrial to commercial zoning districts. The proposals also recognize the changes occurring in the study areas; the zoning amendments should both guide and relieve development pressures previously cited in the East Valley Study. One specific objective of the Plan's Economic Element is to minimize adverse physical impacts of strip commercial development. The Gateway Commercial zoning district accomplishes this objective through stricter development standards and somewhat more limited uses than those permitted in the existing General Commercial zone. In order to avoid creating the potential for the area to evolve into a "strip commercial" character, automotive-related uses such as drive-up windows must be oriented away from the adjacent street. Another proposed standard requires developments with parking abutting front yard setbacks to include an additional 5 feet of setback and an earth berm no less than 36 inches in height. Shared vehicular access between developments and reduced curb cuts are encouraged through reduced sideyard setbacks. Policies regarding the maintenance of an effective sign ordinance are also supported by the development standards. Under the proposed zoning, the maximum height for freestanding signs would be 15 feet - high enough to avoid vandalism and be seen, but low enough to avoid adverse visual impacts. PROPOSAL - Area 1 A. Goals for the Proposed Gateway Commercial District Staff reviewed Kent' s existing commercial zoning districts with respect to the East Valley Study goals for establishing commercial zoning along East Valley Highway. The existing commercial districts do not adequately address the area ' s needs for mixed-use commercial developments. Nor would they fully provide for an orderly transition from industrial to commercial uses along the East Valley Highway, or adequately address the "image problem" referred to in the study. Therefore staff recommends creating a new commercial zoning district - Gateway Commercial. Gateway Commercial ' s purpose is to provide retail commercial uses appropriate along major vehicular corridors while encouraging appropriate and unified development among the properties within its district. It is designed to create unique, unified and recognizable streetscapes while ensuring land use compatibility and the exclusion of inappropriate uses. It is also intended to promote flexibility in appropriate areas of site design and to encourage mixed-use developments. The Gateway Commercial district recognizes the significance of the automobile while simultaneously minimizing its dominance in commercially-developed areas and avoiding unsightly highway strip- commercial development. Gateway Commercial's development standards promote land uses which minimize physical and visual impacts normally associated with highway commercial developments. Landscaping, parking and sign standards have all been enhanced as compared to the current commercial and industrial zoning districts. In addition, automotive related uses such as drive-through bays must be oriented away from the adjacent street in order to reduce their visual impacts. These standards, as well as others described in this study, will promote a viable, unique and recognizable commercial area along East Valley Highway. Moreover, the Gateway Commercial district will encourage the development of commercial uses capable of benefitting and ensuring the long-term enhancement of properties throughout the study area. B. Area Boundaries for Proposed Gateway Commercial District The boundaries for the Gateway Commercial zoning district are based on the East Valley Study amendments to the Valley Floor Comprehensive Plan and its accompanying land use map. Working from the conceptual boundaries of the newly designated commercial area, Planning staff developed a series of objectives which furthered the goals for the East Valley Highway study area. These objectives include the following: 1) Follow natural/physical boundaries wherever possible. People often identify geographic areas and their characteristics by features which they can easily recognize. In attempting to achieve the goal of creating a unified appearance for the study area, distinct physical features such as the S .R. 167 overpass have been used wherever possible for marking the entry or exit from the newly proposed zone. 2) Follow existing Commercial zone boundaries wherever possible. The southern portion of the site is currently zoned General Commercial and Commercial Manufacturing. Wholly incorporating these zones into Gateway Commercial (GWC) would allow for a more unified pattern of development along East Valley Highway. 3) Follow existing property boundaries wherever possible. Following existing property boundaries reduces the possibility 8 �'A S T VAL-L-'JE Y ZONING STUDY MAP 2 i MHP RA Existing Zoning M3 General Industria M R G M2 Limited Industria CM Commercial M 2 Manufacturing GC General Commercia MHP Mobile Home Park MRM Medium Density Multifamily MRG Garden Density Multifamily RA RA Residential Agricultural M3 MH CM lY rb G C CM SCALE 1 : 8400 KENT G1S LIMFEM JAN . 1989 IPAST VAL � EY ZZONINU STUDY MAP 3 2 '12th St. G W C AREA del Proposed Rezoning to GWC Gateway Commercial 6 1 V Q,. SCALE 1 : 8400 KENT GiS JAN . 1989 in of confusion, as well as nonconforming lots, by minimizing the number of lots which lie within two zoning districts . 4) Encourage land assembly. Incorporating underdeveloped and vacant lots with sufficient depth will encourage planned commercial developments which can more easily provide the unified character which the new zoning attempts to achieve. 5) Maintain compatibility with existing land uses and avoid the creation of nonconforming uses wherever possible. While the creation of a legal, nonconforming land use from a rezoning typically presents no immediate problem, future concerns can arise if uses of adjacent properties are in conflict. The proposed boundaries seek to _ minimize nonconforming uses wherever possible. c. Uses for proposed Gateway commercial District' PrincipallV Permitted Uses 1. Retail establishments wherein all sales, storage, display occur within enclosed buildings. Such uses include the sale of food, clothing, furniture, appliances, hardware and similar "hard" and "soft" goods. 2 . Personal services such as barber and beauty shops, shoe and clothing repair, funeral and crematory services, laundering and dry cleaning and photographic studios. 3 . Office uses and professional services such as medical, dental and optometric offices, legal, architectural, engineering, real estate, banking and financial services and similar uses. 4 . Business services such as blueprinting, photocopying, advertising and consulting services and similar uses. 5. Restaurants, taverns and nightclubs. 6. Repair services wherein all repair and storage occurs within an enclosed building. Such uses include radio, television and small appliance repair, watch, clock and jewelry repair and similar uses but not automotive or vehicular repair. 7 . Educational services and facilities such as art and music schools, barber and beauty schools and business schools. 8 . Miscellaneous services such as animal grooming parlors, business, civic, social and fraternal associations , welfare and charitable services, and veterinary clinics and animal hospital services when located no less than one hundred fifty (150) feet from any residential use, provided the animals are housed indoors and the building is soundproofed. 9 . Hotels and motels . 10 . cultural , entertainment and recreational facilities including art galleries, museums, motion picture theaters, video arcades , athletic clubs, bowling alleys and enclosed skating rinks. 11 . Governmental offices and facilities, except for such uses and buildings subject to Section 15 . 04 . 200 . 11 12 . Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy. Accessory buildings for existing dwellings may be constructed. Such buildings include garages, carports, storage sheds and fences. 13 . Any other use that is determined by the Planning Director to be the same general character as the above permitted uses and is in accordance with the stated purpose of the district. Special Permit Uses The following uses are permitted provided that they conform to the development standards listed in Section 15. 08 . 020. 1. Churches 2 . Nursery schools and day care centers Conditional Uses 1. Gasoline service stations, automobile repair (excluding auto body repair) and car washes. 2 . Multiple family dwellings as permitted in Section 15. 04 . 050. 3 . Public assembly facilities such as amphitheaters, arenas, auditoriums and exhibition halls. 4 . General Conditional Uses as listed in Section 15. 08 . 030 . Accessory Uses Accessory uses and buildings customarily appurtenant to permitted uses. Accessory uses shall include vehicular drive-through, drive-in or service bay facilities. D. Development Standards for Proposed Gateway Commercial District 1. Minimum lot. 10, 000 square feet 2 . Maximum site coverage. Forty (40) percent 3 . Front yard. There shall be a front yard of at least fifteen (15) feet in depth. 4 . Side yard. A. A side yard of at least five (5) feet in depth shall be provided along the side property line (s) , except no side yard shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve the adjoining properties. B. Where a side yard abuts a residential district, a side yard of at least twenty (20) feet shall be provided. 5 . Side yard on flanking street of corner lot. Fifteen (15) feet. 6. Rear yard. A rear yard of at least five (5) feet in depth shall be provided, except when a rear yard abuts a residential district, then a rear yard of at least twenty (20) feet in depth shall be provided. 7 . Height limitations . Three (3 ) stories or forty (40) feet. An additional story and/or building height may be added, up to a maximum of five (5) stories or sixty (60) feet, with one (1) additional foot of building setback for every additional 12 I � I � l I 3 --- t l ' � _ w n►r v o foot of building height over forty (40) feet. 8 . vehicular drive-through, drive-in and service bays. All vehicular drive-through, drive-in, service bay and similar facilities shall be designed so that such facilities, including vehicular staging or stacking areas, shall be oriented away from the adjacent street. Additional landscaping and/or fencing may be required to ensure visual screening of these facilities from the adjacent street or properties. 9 . The landscape requirements of Chapter 15. 07 shall apply. Additional Gateway Commercial landscaping requirements shall include: 1. Where buildings abut the required front yard, a landscape strip at least fifteen (15) feet in depth shall be provided. Where vehicular parking areas abut the required front yard, a landscape strip at least, twenty (20) feet in depth, with an earth berm at least 36" in height, shall be provided. 2 . A landscape strip at least five (5) feet in depth shall be provided along the side property line(s) of all independent development sites. No landscaping along the side property line(s) shall be required between adjacent properties where a common, shared driveway with a perpetual cross-access easement is provided to serve the adjoining properties. Where side property line (s) of a commercial use abuts a residential district, a landscape strip at least ten (10) feet in depth shall be provided. 3 . A landscape strip of at least fifteen (15) feet in depth shall be provided along side property lines flanking the street of a corner lot. Where vehicular parking areas abut the required side yard, an earth berm at least 24" inches in height shall be provided. 4 . A landscape strip of at least five (5) feet in depth shall be provided along all rear property lines. Where rear property line (s) of a commercial use abuts a residential use, a landscape strip of at least ten (10) feet in depth shall be provided. 5 . All general provisions of Section 15. 07 , Landscaping Regulations, shall apply. Gateway Commercial Sign Regulations: 1. Aggregate sign area. The aggregate sign area for any lot shall not exceed one (1) square foot for each foot of street frontage. Aggregate sign area for corner lots shall not exceed three fourths (3/4) square foot for each foot of street frontage. The permitted signs enumerated below shall be 14 st � G l " w rn G D a,� 3 s 3 0 -° rn rn _ N L;k to 0 3. P r r i ,e • n �e Q subject to the total aggregate sign area. A. Identification signs: Occupancies. Each business establishment may have one (1) freestanding sign per street frontage (if not located in a shopping center) and one (1) wall sign per street frontage. i. Freestanding signs. Freestanding signs shall not exceed a height of fifteen (15) feet. The maximum sign area permitted is one hundred (100) square feet for the total of all faces. No one face shall exceed fifty (50) square feet. Said sign may be illuminated. Freestanding signs shall not rotate. ii. Wall signs. One wall sign per street frontage shall be permitted. The total area of all signage, graphics, or other advertising shall not exceed ten (10) percent of the building facade to which it is attached. B. Identification signs: Shopping centers. One freestanding or one wall shopping center identification sign shall be permitted for each street frontage of the shopping center. The maximum sign area permitted for a freestanding sign is one hundred (100) square feet. No one face shall exceed fifty (50) square feet. Freestanding signs shall be limited to fifteen (15) feet in height. Said sign may be illuminated. Freestanding signs shall not rotate. One wall sign shall be permitted per occupancy, except anchor tenants (business establishments with a store frontage of at least one hundred (100) feet in length) shall be allowed two wall signs. The aggregate wall sign area shall not exceed ten (10) percent of the building facade to which they are attached. 2 . All general provisions of Section 15 . 06, Sign Regulations, shall apply. PROPOSAL - Area 2 A. Goals for Proposed office District The area zoned Mobile Home Park (MHP) just northeast of the S .R. 167/212th Street intersection was reviewed by Planning Staff in light of the recently-adopted amendments to the Valley Floor Comprehensive Plan. Citing growing development pressures, adverse noise impacts from S .R. 167 and an excess of land zoned for multifamily housing throughout the City, the East Valley Study recommended a change in the area ' s land use designation from Mobile Home Park (MHP) to Office (0) Using the Valley Floor Plan goals as criteria, the East Valley Study concluded that an office (0) 16 designation was most compatible with surrounding land uses, offered potential for high quality development and best advanced the Plan' s economic goals . Furthermore, the site is naturally buffered from the nearby residential development by steep, wooded slopes which provide a visual and physical separation of the two uses. B. Area Boundaries for Proposed Office District The "Silent Meadows" property, a 13.2 acre parcel zoned Mobile Home Park (MHP) , is located at the northeast corner of 212th Street and State Route 167 . This parcel was approved as a mobile' home park by the City Council in September of 1984 (case no. #RZ-83-2) . The parcel was partially graded, but it was never developed and remains vacant at present with no prospect for development as a mobile home park. As such, recent changes and growth in the surrounding area have placed development pressures on this vacant parcel. In responding to these pressures, the East Valley Study recommended an Office designation for the area. The Study cited, among other things, the need for and compatibility of an Office designation with adjacent land uses. IMPACTS OF PROPOSAL A proposal of this nature is bound to have both positive and negative impacts. The positive impacts which would result from the proposed zoning and related developments standards are numerous. First, the East Valley Highway is one of the City' s major north/south arterials. The proposed zoning changes would allow for commercial development along East Valley Highway with enhanced development standards. This would create a much more attractive and viable area as compared to that which the current M-2 , Limited Industrial zoning would allow. Second, the creation of a new commercial area would increase revenues to the City in the form of increased sales tax. Thirdly, the City hopes to create a unique, unified and recognizable district in the East Valley area and screen industrial uses from East Valley Highway. Secondary impacts of special concern include potential impacts on the transportation and surface water drainage systems, and impacts from the unavoidable creation of nonconforming lots and/or uses . Following is a more specific discussion of these areas of concern. A. Transportation System In light of the current traffic situation along East Valley Highway, the potential effects from the proposed Gateway Commercial zone on traffic levels are of significant concern. The City Traffic Engineering Division has indicated that the implementation of commercial zoning could create up to 10, 000 to 12 , 000 additional average daily trips (ADT) to the existing 23 , 000 currently on East Valley Highway. Uses under the existing M-2 zoning would be expected to increase traffic volumes in the area by approximately 10 percent or 2 , 000 to 3 , 000 . 17 VAL-I-JEY Z ONINU STUDY HAP 4 7 2th t. AREA r2 Proposed Rezoning to 0 Office CO 717' 5' SCALE 1 : 8400 KENT GIS stics of traffic generated by industrial uses and The characteri traffic generated by commercial uses differ somewhat. Industrial our , both traffic tends to be concentrated more during the peak shigher a.m and p.m. , whereas commercial traffic tendsThe specific genera effects , volumes but is constant throughout the day. o the types of however, are unknown and primarily depend up businesses which locate in the study area. Convenience businesses, for example, may not increase traffic levels usiness, on thehother hand, existing traffic. A destinatile to ma]ceba trip into an area which they specifically requires people would not enter normally. will depend a great deal on the To summarize, the traffic impact types of uses that actually locate in the study area. The proposal is expected to result in an overall increase in the traffic volume along East Valley Highway• wevel because coo i rci ase al rmay not ips are not concentrated at the peak r eak hour slowdowns. contribute substantially to the critical p B. Storm Drainage system percent of any site to The current M-2 zoning standards allow 65 cases, sites in this zoning b be covered with buildings. In mostyimpervious surfaces. The district are covered up to g0 percent by m proposed development st commercial GWC erc9ntsbu h ildin coverage of asite. The district will allow 40 p g additional landscaping requirements will tend also to lower the amount of impervious surfaces that are associated with development . The result would be either n less in hof aanaimpact on the storm drainage system in the area.additional impact or C. Nonconformin Uses and Standards Virtually all the existing d f the me development in the East lst ndards area would be nonconforming if the proposed are adopted. The proposed standards include significant ec an er in landscaping requirements (including eland rrth equire ents for landscaping and parking lot screening) and service bays. Many businesses with drive-through, drive in, h study of the existing signso n signagestandards are adopted.area would also In nonconforming if the proposed particular, all signs in the area that exceed the 15 foot limitation would become nonconforming. Several of the existing bo use ss There are several single family s on East Valley Highway would become nonconforming as and multifamily uses in the study area. These uses would not be considered nonconforming under the proposal. It is also noted that several nonconforming uses exist even under the existing zoning. D. Nonconja=, inq Develo reng ulates nonconforming de Section 15 . 08 . 100 of the Zonin enlareement, reconstruction, development in the city. Expansion, g or intensification of a nonconforming use, while not favored under _. 19 the Code, is permitted through the Conditional Use permit process. Any significant rezoning proposed is likely to create some nonconforming uses and/or lots. However, for the City to be able to respond to current conditions and particularly to upgrade land use standards in an area, the creation of nonconforming conditions is a necessary tradeoff. Under the Kent Zoning Code, . existing nonconforming developments are permitted to continue and indeed to expand with the securing of a Conditional Use permit. STAFF RECOMMENDATIONS The Gateway Commercial zoning district will promote "quality" commercial, and mixed-use development in an area which is currently without a dominant, recognizable character. It should help to create a new and upgraded appearance for East Valley Highway. Implementing the provisions of Gateway Commercial will encourage development and redevelopment that will have long-term benefit to the East Valley Highway and the entire City of Kent. Accordingly, staff suggests that the Planning Commission recommend the following actions to the City Council: 1. Establish a Gateway Commercial zoning district, complete with use, development and sign standards. 2 . Apply the Gateway Commercial zone to Area W1. 3 . Apply the Office zone to Area n2 east of S.R. 167 . Kent Planning Department January 1989 20 . ........... Kent City Council Meeting Date June 20 . 1989 Category Consent Calendar 1. SUBJECT: LID 330 - 64TH AVENUE IMPROVEMENTS 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to segregate out that portion of LID 330 lying between 226th and 216th Streets in order to proceed with construction of the improvements on the remaining portions between Meeker Street and S. 212th Street. 3 . EXHIBITS: Memorandum from the Director of Public Works 4 . RECOMMENDED BY: Public Works Committee Environmental Task Force (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. 3N DEPARTMENT OF PUBLIC WORKS June 15, 1989 TO: Mayor Kelleher and City Council FROM: Don Wickstrom RE: L.I.D. 330 - 64th Avenue Improvements The Public Works Committee has requested that you be apprised as to what has transpired with this project prior to it coming to you for further action. As you will recall, the public hearing on the project was opened March 7 . At that time, because of the environmental issues that were raised, the hearing was continued to the March 21 meeting and the Attorney was directed to prepare the ordinance for consideration at that time. We were at that time working with the Environmental Task Force on mitigation of the impacts to the lagoon. At the March 21 meeting, the Planning Department noted that SEPA compliance would be required and a determination made whether an environmental impact statement would be necessary. Action on formation of the L. I._D. was delayed until SEPA compliance was completed. Staff continued working with the Environmental Task Force to develop mitigation of the impacts on the lagoon area. On May 23 , Carol Stoner, chair of the Task Force, presented the Task Force recommendations to the Public Works Committee. A copy of those recommendations is attached. Their recommendation was to segregate out that property immediately adjacent to the lagoon and form a separate LID for those improvements once SEPA compliance was met. That would allow the remainder of the project to proceed with construction this year. The Public Works Committee directed Bill Williamson to prepare the motion for Committee action which would indicate their intent for the project to be constructed and to address the wildlife and drainage issues consistent with SEPA. At the June 13 Committee meeting, this motion was presented to the Committee for their approval . The motion called for the Committee to accept the Environmental Task Force report dated May 11 and to approve that the model boating activities be prohibited in the lagoon upon award of the contract for improvements to the reconfiguration of the lagoon or construction of the buffer to accommodate 64th Avenue South improvements. The Committee accepted this motion. At the June 13 Committee meeting the issue of segregating the Mayor Kelleher and City Council L.I. D. 330 - 64th Avenue Improvements Page 2 project into two L.I.D' s was discussed. Both are capable of being stand alone projects. If the improvement is kept as one L.I.D. , we would most likely need to do an expanded analysis with respect to the lagoon area which could result in adding 6-12 months to the project schedule. If we were able to secure a Declaration of Non- Significance for the one project, there probably would be challenges by environmental groups which could again extend the project schedule by 6-12 months. Splitting the project into two distinct improvements would enable us to proceed with construction on one portion while we address the impacts of the second project on the lagoon. The City's bonding council has advised we would not need to start over on the formation of L. I.D. 330. The scope of work of the project could be redefined and preliminary assessments adjusted accordingly. The City' s financial advisors have reviewed the proposal and concluded that a second L.I.D. is viable. The property owners along the lagoon area have been advised of our proposal to separate the project into two L.I.D.s. We have not, _. as yet, notified the remaining property owners of the proposal. Those along the lagoon area have merely expressed their concern whether the project will eventually be completed. The Public Works Committee has approved segregating out that portion along the lagoon and forming a separate LID for those improvements and to proceed with the remainder of the project through L. I.D. 330. Staff has been directed to submit a revised environmental checklist for the revised scope of work for L. I.D. 330 . The Planning Committee will be addressing the Environmental Task Force recommendations at their meeting on June 20 and will be bringing a recommendation before you. OnI7_r--r May 11, 1989 MEMO TO: Mayor Dan Kelleher Jim White, President, and Members of Kent City Council FROM: Caro l Chair, Mayor' s Environmental Task Force SUBJECT: RECOMMENDATIONS ON SEGREGATION OF LID 330 AND MODEL BOAT USAGE The Environmental Task Force has been meeting regularly to discuss issues pertaining to the Kent Ponds. At our April 27 meeting the Task Force unanimously passed two recommendations. These include: (1) Segregating LID 330/64th Ave. to allow work to proceed on those portions of the roadway outside the Lagoon and its buffer, with the understanding that this would in no way imply future approval of the road alignment adjacent to the Lagoon; and (2) Discontinuing the model boating activity as soon as a contract is awarded for work on the Lagoon and/or 64th Avenue buffer, while encouraging the City to seek an alternate and more appropriate location for this activity. The purpose of this memo is to convey the Task Force recommendations to you, and to set forth some of the rationale for our actions. Our earlier comments to the City Council on the Homecourt proposal, as well as the Council ' s action in designating the Lagoon and its buffer as a Unique and Fragile Area, underscore the significance of the Lagoon. With the degree of urban development on the Valley Floor, the Lagoon has become a critical link for local and migratory waterfowl . The Task Force recommendations are designed to protect the habitat values of this resource. Recommendation 1: Segregation of LID 330 The proposal for construction of 64th Ave. S . presents a number of serious environmental concerns. The east side of the Lagoon is presently the most protected and sheltered portion of the habitat; it is also the area most severely impacted by roadway construction and use. Under the original proposal a portion of the 64th Ave. improvements would have actually intruded into the open waters of the east cell . The Task Force is now actively working with the Planning and Public Works Departments and a team of consultants on a plan for mitigating the short-term construction impacts and the long-term use impacts of the 64th Ave. roadway, as they affect the Lagoon habitat. As the Public Works Department has plans for Memo to Mayor Kelleher and Council May 11, 1989 reconfiguring the Lagoon to meet storm drainage requirements, we have also .begun looking at long-term plans for the Lagoon re- design. Without knowing the permanent configuration of the Lagoon, e.g. , the amount of open waters and the shoreline location, different types of habitat, etc. , it is not possible to design appropriate buffers and other mitigation for the 64th Ave. project. It is not wholly clear that the impacts of a major arterial being located so near this habitat area can be fully mitigated. However, the Task Force recognizes that a large portion of the proposed roadway is distant enough from the Lagoon so as not to present a significant impact. The Public Works Director has proposed that work go forward in those non-problem areas, and has requested that the Task Force recommend segregating the LID for 64th Ave. construction into two parts: Section 1) that portion south of 228th Street and north of the Lagoon' s northern 200 foot buffer, and Section 2) the remainder of the roadway (that portion proposed to be situated directly adjacent to the east side of the Lagoon) . The Task Force supports this approach. In the interest of time, we see no reason for work to be held up on the portion of 64th which will not impact the Lagoon habitat. Therefore, we recommend segregating the LID and moving forward on Section 1. Any action on Section 2 (the area between 228th Street and the northern portion) would be withheld, except for extension of the sanitary sewer north of 228th Street approximately 400 -feet to the nearest manhole. We have one strong reservation: that action on Section 1 (north and south of the Lagoon) does not "lock in" the alignment adjacent to the Lagoon. In the event that it 'is not possible to mitigate the impacts of the proposed roadway adjacent to the Lagoon, it should be constructed along a different alignment. Recommendation 2 : Model Boat Usage The Committee has been struggling for some time with the issue of model boat usage of the Lagoon, and the impact this activity has on the quality of habitat. Members of the Pacific Northwest Model Boaters have been using the Lagoon for some years. They race small remote-controlled craft at speeds up to 50 and 60 miles per hour on the large western cell of the Lagoon. Due to the Lagoon' s small size, shallow depth, accessibility and other factors, it has attracted much use from the model boaters. A number of national model boating records have been set at the Kent Lagoon. This issue was addressed several years ago in the Shanewise Report on the Lagoon. Shanewise states that this activity "should be considered incompatible with the goals and design of the new wetland. Theirs is a non-passive form of recreation that would disrupt the wetland interior. . .continued use of the new wetland by 2 Memo to Mayor Kelleher and council May 11, 1989 the model boat racers should not be allowed. " (1985 Shanewise Report, p. 8.) The rationale given by Shanewise and endorsed by the Committee at that time still holds. Indeed, with continued development of the Valley Floor this area has become ever more important as a wildlife resource, and the need to protect it from incompatible human use has grown. It is estimated that even given the significant current wildlife usage, the Lagoon is meeting only 10% of its habitat potential . With the development of the adjacent lands, its ' functions should be expanded to include nesting and brooding, activities which unfortunately occur during the model boating season in the spring and summer. The Task Force simply could not find a seasonal "window" where model boating and wildlife usage would be compatible. Representatives of the model boaters have attended all of the Committee and Task Force meetings to date. They have been on the agenda twice, and have taken the opportunity to comment on their concerns. The Task Force members see an enthusiastic group with a worthwhile recreational activity, and sincerely hope that the City can find or create an alternative location for model boating to continue in the area. However, this activity is clearly incompatible with the protection and enhancement of wildlife habitat at the Lagoon. Our recommendation is that the model boating activity be permanently discontinued on the Lagoon at the time a contract is awarded for work on the Lagoon and/or the 64th Ave. buffer; and that the City Parks Department, City Administrator and Council work with the model boaters to find an alternate location for their activity. On behalf of the Task Force, I would like to extend my appreciation for the opportunity to review these matters. At a later time, we will be bringing forward additional recommendations concerning the Lagoon design and mitigation of 64th Avenue. If you have any questions about the Task Force recommendations, please do not hesitate to contact me. cc: Jess Abed Jim Hansen Jim Harris Don Wickstrom 3 tiGI up Kent City Council Meeting Date June 20 1989 Category Consent Calendar 1. SUBJECT: BANKING SERVICE AGREEMENT - U.S. BANK OF WASHINGTON 2 . S11Y4fARY STATEMENT: Extending the City's current Banking Services Agreement with US Bank of Washington for a one year term with a one year renewal option. The terms and conditions are the same as the current agreement except one service which cost has been lowered. The City is in the process of switching computer systems in payroll, accounts payable, utility billing, lockbox account reconciliation etc. which will affect the City's banking activity. Based upon these items being in various stages of implementation the staff recommends deferring changing the City's bank until those systems are operational and tested. 3 . EXHIBITS: Attached is a copy of the proposed Banking Service Agreement from US Bank of Washington 4 . RECOMMENDED BY: Ton McCarthy,. Finance Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NONotX YES Recommended FISCAL/PERSONNEL NOTE: Recommended 6. EXPENDITURE REQUIRED: $2 845.76 SOURCE OF FUNDS: Budgeted in 1989 Finance Administration budget 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 30 CITY OF RENT BANKING SERVICES AGREEMENT THIS AGREEMENT between the City of Kent (hereinafter called the City" acting by and through the City Finance Director, and U.S. Bank of Washington, National Association (hereinafter called the' "Bank") . In consideration of mutual covenants hereinafter contained, the parties agree as follows: 1. TERM: This agreement shall be effective July 1, 1989 and run for one year. At the option of both parties the Agreement can be extended for an additional year. 2 . DESCRIPTION OF SERVICES: The Bank shall provide banking services for the City of Kent in full compliance with the terms and conditions of its response to the City's Request For Proposal including the conditions described in the cover letter (W.S . Mill , III to Laurence (Ton) McCarthy? May 10, 1984 and the Banking Services Agreement dated July 11 1987) modified by the "Proposed Contract Prices" per the attached Estimated Monthly Banking Service Costs schedule. 3 . CITY RESPONSIBILITIES: The City shall perform all duties in full compliance with the terms and conditions of the proposal, including the cover letter as described in Section 2 above of this agreement. � . COMPENSATION: The City shall compensate the Bank for services set forth in Section 2 above in accordance with the amounts specified, which by such reference are incorporated herein and made a part hereof. 5 . TERMINATION: The City may terminate this Agreement upon prior written notice of at least ninety (90) days. The Bank may terminate this Agreement upon prior written notice of at least ninety (90) days. 6 . AMENDMENTS: No modification or amendment of the terms of this Agreement shall be effective unless written and signed by authorized representative of the parties. The parties expressly reserve the right to modify or amend this Agreement from time to time as deemed necessary, by mutual agreement. 7 . NO WAIVER: No waiver of full performance by either party shall be construed, or operate, as a waiver of any subsequent default of any of the terms, covenants, and conditions of this Agreement. The payment or acceptance of compensation or expense reimbursement after a default shall not be deemed a waiver of any right or acceptance of defective performance. 8 . INVALIDITY OF PARTICULAR PROVISIONS: Should any term, provisions, condition or other portion of this Agreement or the application thereof be held to be inoperative, invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those to which it is held inoperative, invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. BANKING SERVICES AGREEMENT Page Two 9 . EXCUSE AND SUSPENSION OF CONTRACTUAL OBLIGATIONS: Failure to fulfill obligations under this Agreement due to conditions beyond either party's reasonable control will not be considered a breach of this Agreement. Such conditions may be but are not limited to an act of God; war or war-like operation; civil commotion; riot; labor dispute including a strike, lock-out or walk-out; sabotage; governmental regulation or control; fire, or other casualty. Performance of such affected obligation shall be suspended only the duration of such condition. 10 . ASSIGNMENT/DELEGATION: The Bank shall not assign or delegate any obligation under this Agreement unless it has been approved in writing by the City. 11. ENTIRE AGREEMENT: This agreement contains all of the covenants, promises, agreements, and conditions, either oral or written, between the parties hereto. IN WITNESS WHEREOF the parties have executed this Agreement by having their authorized representatives sign their names to the spaces provided below: THE CITY OF KENT U.S. BANK OF WASHINGTON, National Association BY: BY: Title: Title: Date: Date: BSA. SR:mt CITY OF KENT Estimated Monthly Banking Banking Service Costs Based Upon Proposed Prices for Period July 1, 1989 through June 30, 1990 Estimated Average Proposed Average Monthly Contract Monthly Volume Price Charge Account Maintanance 3 $ 6. 00 $ 18 . 00 Checks Posted 2 , 188 . 12 262 . 56 Deposits Posted 144 . 17 24. 48 Items Deposited - . 040 68. 00 US Bank WA & OR 1,700 Sea,Spo,Port Clearing . 050 250. 00 House Banks 5, 000 2 , 500 . 060 150. 00 Other WA & OR Banks 500 . 085 42 . 50 All Others Returned Items 11 1. 25 13 . 75 Stop Payments Placed 1 10. 00 10 . 00 Rolled Coin Furnished (per roll) 14 . 06 .84 Currency Furnished (Per $100) 11 . 06 . 66 Wire Tansfers - In 10 7 . 00 7 . 00 Wire Transfers - Out 5 10. 00 50. 00 Balance Reporting (voice) 1 60. 00 60. 00 Credit Card Discount $1, 377 2 .5% 34 .42 Account Reconciliation (ARP) 1, 900 . 039 74 . 10 Armored Car Service 1 740.25* 740.25 Lockbox 61368 . 15 955 . 20 Daily Courier Service 21 4 . 00 84 . 00 TOTAL ESTIMATED AVERAGE MONTHLY CHARGE fit 845 .76 *Armored Car Service fee is determined by the third party service provider. The bank will accept and pay the invoice from the service provider and include the payment amount in your monthly account analysis No bank "mark up" will be added. However this cost may change if the service provider increases or decreases monthly service fees. oil Kent City Council Meeting Date June 20_, 1989 Category Other Business 1. SUBJECT: 1990-1994 - CAPITAL IMPROVEMENT PROGRAM 2 . SUNIIdARY STATEMENT: The public hearing on the Capital Improvement Program 1990 - 1994 was concluded at the Council meeting of June 6. A motion to adopt the program as presented was tabled to this date. 3 . EXHIBITS: CIP Program 4 . RECOMMENDED BY: Informal Budget Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X 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. 4A 1990-1994 CIP City of Kent, Washington GENERAL GOVERNMENT 1990 - 1994 CAPITAL IMPROVEMENT PROGRAM SUMMARY PRESENTATION (Amounts in Thousands) 1990-94 1990 1991 1992 1993 1994 TOTAL Forecast Forecast Forecast Forecast Forecast PROJECTED CIP REVENUES Sales Tax Capital Improvement 13,887 2,426 2,590 2,767 2,953 3,151 Fuel Tax Street 3,903 723 752 782 813 833 Real Estate Excise Tax 1,750 350 350 350 350 350 Interest - Capital Improvement 450 90 90 90 90 90 Loan Repayment Capital Improvement 127 21 23 26 27 30 Contributions General Fund/Corrections 1,211 243 242 242 242 242 Contributions Water Fund 29 29 Contributions Golf Course 700 140 140 140 140 140 Contributions Central services 166 83 83 TOTAL PROJECTED CIP REVENUES 22,223 4,105 4,270 4,397 4,615 4,836 PROCEEDS FROM BOND ISSUES Voted G.O. Councilmanic G.O. 3,000 3,000 TOTAL POTENTIAL CIP REVENUES 25,223 7,105 4,270 4,397 4,615 4,836 COUNCILMANIC DEBT SERVICE Committed Debt Payments (12,516) (2,846) (2,647) (2,384) (2,343) (2,296) Planned Debt Payments (1) (1,400) (350) (350) (350) (350) NET AVAILABLE CIP RESOURCES 11,307 4,259 1,273 1,663 1,922 2,190 CIP EXPENDITURES Public Safety 948 392 200 222 134 Public Works 7,866 3,475 670 1,400 1,011 1,310 Parks and Recreation 1,250 200 50 600 400 General Government 1,149 149 327 275 70 328 TOTAL CIP EXPENDITURES 11,213 4,216 1,247 1,675 1,903 2,172 INCREASE (DECREASE) IN FUND BALANCE 94 43 26 (12) 19 18 BEGINNING FUND BALANCE 2,280 407 450 476 464 483 ENDING FUND BALANCE Reserved 450 450 450 450 450 450 Unreserved 124 26 14 33 51 TOTAL ENDING FUND BALANCE 2,374 450 476 464 483 501 layments begin in 1991 for G.O. Bonds of $3.057 million to build the 272nd Corridor in 1990. City of Kent, Washington 1990-1994 CIP GENERAL GOVERNMENT 1990 - 1994 CAPITAL IMPROVEMENT PROGRAM PROJECT LISTING - (Amounts in Thousands) PROJECT TOTALS YEAR PROJECT FUNDED Gross Dedi- Net Project cated Project Cost Revenue Cost 1990 1991 1992 1993 1994 ------- ------- ------ ---- ---- ---- ---- ---- PUBLIC SAFETY - POLICE 1. Old Library Remodel Continued 447 447 247 200 4. Firearms Training Simulator 55 55 55 ------ ------ -------- ------- ------- ------- ------- ------- 502 0 502 247 200 0 55 0 PUBLIC SAFETY - FIRE 1 Level A Hazdous Mat Resp Tm 105 105 105 2 Air Support Vehicle 40 40 40 3 Emergency Power EOC 114 114 114 5 Training Center Class Equip 53 53 53 7 Traffic Control Signals 134 134 134 ------ -------- -------- ------- ------- ------- ------- ------- 446 0 446 145 0 0 167 134 PUBLIC SAFETY TOTAL 948 0 948 392 200 0 222 134 PUBLIC WORKS 1. 277th Corridor 12,000 9,000 3,000 3,000 2. Green River Valley TBD 50 50 50 3. 192nd/196th/200th Cor Fees 100 100 100 4. 196th/200th Cor (West leg) 4,000 3,000 1,000 1,000 5. 196th Imp. (WVH-EVH) 12,158 12,158 0 6. 228th & Military 7,934 5,976 1,958 100 858 1,000 ------ -------- -------- ------- ------- ------- ------- ------- Total 36,242 30,134 6,108 3,150 100 1,000 858 1,000 Road Widening 7 Green River Sr. is Central 552 447 105 105 8 EVH 192nd - 180th 2,800 2,150 650 250 400 9 WVH Imp. 212th - 180th 6,121 6,061 60 60 11 Crow Road by Pass 700 700 0 12 72nd Avenue 196th -194th 540 390 150 150 13 64th Avenue LID 330 6,903 6,903 0 ------ -------- -------- ------- ------- ------- ------- ------- Total 17,616 16,651 965 165 250 400 0 150 Intersection & Signal Improvements 14 Canyon Drive Jersey Barriers 417 357 60 60 15 94th & James signal Interconn 73 73 73 17 260th & 104th Signal 135 135 0 18 Central Signal a SR 167 75 35 40 40 22 EVH & 196 Intersection Imp 130 130 0 25 SE 256th & 104th Ave SE 450 450 0 ------ -------- -------- ------- ------- ------- ------- ------- Total 1,280 1,107 173 60 0 0 73 40 - 1 - 1990-1994 CIP City of Kent, Washington GENERAL GOVERNMENT 1990 - 1994 CAPITAL IMPROVEMENT PROGRAM .,., PROJECT LISTING (Amounts in Thousands) PROJECT TOTALS YEAR PROJECT FUNDED Gross Dedi- Net Project cated Project Cost Revenue Cost 1990 1991 1992 1993 1994 ------- ------- ------ ---- ---- ---- ---- ---- Miscellaneous 28 Rahway Crossings 320 320 120 80 120 29 Guardrails - Canyon Drive 300 300 100 200 ------ -------- -------- ------- ------- ------- ------- ------- Total 620 0 620 100 320 0 80 120 PUBLIC WORKS TOTAL 55,758 47,892 7,866 3,475 670 1,400 1,011 1,310 PARKS & RECREATION 3 Lights a Russell Road N2 50 50 50 8 Neighborhood Parks 1,000 1,000 200 400 400 21 West Hill Park 450 250 200 200 ------ -------- -------- ------- ------- ------- ------- ------- PARKS & RECREATION TOTAL 1,500 250 1,250 200 50 0 600 400 w.. GENERAL GOVERNMENT ADMINISTRATION INFORMATION SERVICES 1 Wiring Centennial & Library 751 751 88 290 45 328 2 Computer Enhancement Phase I 383 20 363 26 37 275 25 3 Replace Word Processing Equip 35 35 35 ------ -------- -------- ------- ------- ------- ------- ------- Total 1,169 20 1,149 149 327 275 70 328 GENERAL GOVERNMENT TOTAL 1,169 20 1,149 149 327 275 70 328 GRAND TOTALS 59,375 11,213 1,247 1,903 48,162 4,216 1,675 2,172 2 Kent City Council Meeting Date June 20. 1989 Category other Business 1. SUBJECT: CENTENNIAL BUILDING LEASE 2 . SUMMARY STATEMENT: Authorization to amend existing lease with Sound Ventures Inc. was approved 10/18/88 with respect to the lease payment structure and to additional lease payment as shown on the fiscal analysis sheet. 3 . EXHIBITS: Fiscal analysis sheet 4 . RECOMMENDED BY: Operations Committee 6/15 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X FISCAL/PERSONNEL NOTE: Recommended X Not Recommended 6. EXPENDITURE REQUIRED: Fiscal analysis sheet SOURCE OF FUNDS: General Fund 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve the amendments to the lease with Sound Ventures Inc. as described. DISCUSSION• () ACTION• Council Agenda Item No. 4B -7 Fiscal Analysis Sheet Fund: C. I . P. Department: Admin. Cost: See Below Proposal Title: Proposal Description: The proposal by Sound Ventures, Inc. is to modify the present lease agreement to increase the amount of leased space from approximately 20, 000 square feet to 26 , 460 square feet starting in 1992 through the lease period. In addition, they would like to restructure the annual lease payments from the present $16 . 00/square foot/year to an average of $16 . 00/square foot/year. Payments would begin at $14 . 75/square foot in 1990 and reach $16 . 75 in 1993 , 1994 and 1995 . The value (or "net present value" of $16 . 75/Square foot in 1992) is equal to $14 . 36/square foot in 1990 . The net present value is todays value of future cash. Or, in other words, money of today is worth more than in the future due to the rapid rise in real estate prices . Relationship To The Target Issues and Operational Priorities : Completion of the Centennial Building is one of the City Council ' s Top Priority Target Issues . It has the potential to be the catalyst to cause a major redevelopment of downtown Kent. Fiscal Impact: The additional space will cost an average of $84 , 141 per year or $420 , 708 over the five year period. The proposed change to the lease rate structure will cause no increase over the five year term but will affect annual payments . The collective impact of the two issues on an annual basis is illustrated below: Original Lease Proposed Change Annual Payment Agreement (for (for 26, 460 sq. Difference 20 , 000 sq. ft. ) sq. ft. ) Year 1 $320, 000/year $342 , 643/year* $ 22 , 643* Year 2 $320, 000 $348 , 450 $ 281450 Year 3 $320 , 000 $443 , 205 $123 , 205 Year 4 $320, 000 $443 , 205 $123 , 205 Year 5 $320, 000 $443 , 205 $123 , 205 $1, 600, 000 $2 , 020, 708 $420, 708*Total * Because the lease is expected to start in April 1990, the following budget and cash impact will occur as a savings in 1990 . The lease is a full-service lease which includes the cost of building maintenance. The five year forecas and 1990 operating budget will be adjusted as follows : original Proposed Budget Annual budget lease budget change difference April/Dec 1990 $320 , 000 $256 , 986 $ (63 , 014) Jan/Dec 1991 320, 000 347 , 004 27 , 004 Jan/Dec 1992 320, 000 419 , 520 99 , 520 Jan/Dec 1993 320, 000 443 , 208 123 , 208 Jan/Dec 1994 320, 000 4431208 123 , 208 Jan/Mar 1995 110 , 782 110, 782 $1, 600, 000 $2 , 020 , 708 $420, 708 MEMO May 31, 1989 To: Christi Houser, Chair, and members of the Operations Committee From: Jim Hansen, Assistant City Administrator Subject: Revision to Centennial Building Lease Agreement Overview On October 18 , 1988 the City Council approved a lease and purchase agreement with Sound Ventures, Inc. As a partner in this major downtown revitalization project, the City agreed to sell approximately 1001000 square feet of land (just east of city hall) . Sound Ventures will in turn construct a four story, 65, 000 square foot office building and lease approximately 20, 000 square feet to the City. The Building/Code Enforcement, Planning and Public Works Departments will occupy the first two floors and open a new permit center. Sound Ventures will lease the remaining space to a variety of private sector tenants. Proposed Change Sound Ventures has requested to revise the present lease agreement in two areas: 1. According to a space needs study completed by Edberg/ Christiansen & Associates, the departments actually need 23 , 230 square feet of space when the building is occupied in 1990 and 26, 460 square feet in 1992 to accomodate projected growth in activity and personnel. The additional space calculated at the average rate of $16. 00/foot (full service) will cost the City an additional $84 , 141 per year or $420,708 for the five year period. Sound Ventures will offset the costs somewhat by "space pocketing" 3 , 230 square feet. This will be available for expansion needs at no cost until 1992 . 2 . The present agreement sets the lease rate at $16. 00/square foot for the first five years. Sound Ventures would like to restructure the lease rate but still maintain the average of $16 . 00/square foot. They propose to begin at $14.75/square foot in 1990 and end at $16 .75/square foot in 1995 . Although this affects our annual payments, there is no additional cost to the City over the five year period. With this arrangement their cash flow is enhanced in 1992 which is critical to their financing package. This is especially important because of unanticipated costs that ocurred in their negoiations with the Catholic Church. The parking lot property cost $225, 000 over market value. It is unfortunate that it took so long to complete the parking lot acquisition effort and all of the preliminary site/building plans. However, we are finally at a point where formal building plans can be submitted by Sound Ventures following City Council approval. Construction is anticipated to begin late this summer and completion of the building should be within nine months of the start date. V Kent City Council Meeting W _ Date June 20 1989 Category Bids 1. SUBJECT: TELESCOPIC AERIAL MANLIFT 2 . SUMMARY STATEMENT: Bid opening was held May 22 with two bids received. The low bid was submitted by Air Tec Equipment, Inc. in the amount of $15, 580. 55. Afrecommendk thisebiddbeer review of thisaaccepted. testing of the equipment, jZ=i-& V- cC nirecFc.' 3 . EXHIBITS: Memorandum from the Direct r of Public Works 4 , RECOMMENDED BY: Staff (Committee, Staff, Examiner, Co fission, etc. ) NO YES 5 . UNBUDGETED FISCAL PERSONNEL I ACT: Not Recommended FISCAL/PERSONNEL NOTE: Recomme ded 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION:, mem seconds Coun move �r er ''Kaf the bid of $15, V80. 55 from Air Tec Equipment, Inc. be accepted. DISCUSSION• ACTION: Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS June 14, 1989 TO: Mayor Kelleher and City Council FROM: Don Wickstrom RE: Telescopic Aerial Manlift Bid opening was May 22 with two bids received, the low bid from Air Tec Equipment, Inc. in the amount of $15, 580.55. The equipment for which the low bid was submitted was field tested and it has been determined the equipment meets our specifications. This item is included in the approved 1989 Equipment Rental operating budget. It is, therefore, recommended the bid from Air- Tec Equipment, Inc. , in the amount of $15, 580. 55, for the Telescopic Aerial Manlift be accepted. BID SUMMARY Utility Equipment, Inc. $15,843 . 95 (Versalift) Air Tec Equipment, Inc. $15,580. 55 (Armlift) MEMORANDUM DATE: June 13 , 1989 TO: Don Wickstrom Director of Public Works FROM: Jack Spencer` " ft-41-� Fleet Manage SUBJECT: Bids for Telescopic Aerial Manlift The City of Kent Equipment Rental Division received sealed bids on May 22nd, 1989 for a Telescopic Aerial Manlift to be installed on our existing 1-Ton Truck. Bids received were as follows: Utility Equipment, Inc. Seattle, Washington Versalift Bid $14, 656.40 Sales Tax 1, 187 . 55 Total $15,843 .95 Air Tec Equipment, Inc. Camas, Washington Armlift Bid $14, 413 . 00 Sales Tax 1, 167 .55 Total $15, 580.55 Installation would be by Independent Dealer' s Accessories Co. located in Kent. Service and parts would be available from this firm. After testing both units, the operators have expressed preference for the arm lift unit. I suggest we award the bid to Air Tec Equipment. Funds are available from Budgeted Capital Outlay for 1989 . Replacement of #23 $16, 061. 00 JS/map cc: Tim Heydon Operations Manager C282A03 tA Kent City Council Meeting Date June 20, 1989 Category Bids 1. SUBJECT: TELEVISION DATALOG UNIT AND POWER TRANSPORTER 2 . SUMMARY STATEMENT: Bid opening was June 6 with one bid received. The bid submitted by Q's Cues in the amount of $19, 241.80 has been reviewed and found to be a responsive bid. -I#,'s recommendoid this bid be accepted. (i i 3 . EXHIBITS: Memorandum from the D4ector of Public Works r rt 4 . RECOMMENDED BY: Staff (Committee, Staff, ExamineZMPACT: Commission, etc. ) 5. UNBUDGETED FISCAL PERSONNEL NO YES FISCAL/PERSONNEL NOTE: Re co ended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION:=thebidVASE'movej, Cou,J from Q' ues for the Television Datalog Unit and power transporter in the amount of $19, 241. 80 be accepted. �z .i.y-..1 DISCUSSION: q ACTION• 1 Council Agenda Item No. 5B DEPARTMENT OF PUBLIC WORKS June 14, 1989 TO: Mayor Kelleher and City Council FROM: Don Wickstrom RE: Television Datalog Unit and Power Transporter Bid opening was June 6, 1989 with one bid submitted in the amount of $19 , 241. 80 from Q' s Cues, Inc. After review, it has been determined this is a responsive bid. Funds for this equipment have been approved in the 1989 operating budget. The equipment will enhance the City' s ability to T.V. sewer lines and properly record existing conditions. It is recommended the bid of $19 , 241. 80 from Q' s Cues, Inc. for the Television Datalog Unit and Power Transporter be accepted. MEMORANDUM DATE: June 12 , 1989 TO: Tim Heydon Operations Manager FROM: Nelden D. Hewitt 4 Utilities Superintendent SUBJECT: Bid for (TDU) Television Datalog Unit and Power Transporter I recommend that the bid from Q' s Cues, Inc. of $19, 241. 80 be accepted. This will be without the RAM loader which will be part of the software package when we decide what software we are going to use. I recommend we keep our 3-Line Dataview and not trade it in. Also, I don't recommend their substitute Linemate Stand-a-Lone System. NH/map Attached: All bid documents and specifications, Q' s CUES, Inc. return to Nelden D. Hewitt C284A03 Kent City Council Meeting U Date June 20 1989 Category Bids 1. SUBJECT: LID 331 - S.E. 240TH STREET IMPROVEMENTS 2 . UMMARY STATEMENT - Bid ope g was s..chez3U-14@d for June 16. The Director of Publ i Works wil -eview the bids received and make a recommendation jas--tb award. 3 . EXHIBITS: ' 4 . RECOMIONDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBIIDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOT Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: , Councilmember_ moves, Councilmember �f � seconds the Public Works H rector's recommendation as to award for LID 331 be accepted. rVU' DISCUSSION• ACTION: Council Agenda Item No. 5C w... ..... .......... R E P' r 0 (�R T S' I j, t I- A. COUNCIL PRESIDENT ' O f reS Wh, �`- r 64cd he- knd a W rnded 1M e 455oc Was" C-0-K 1-cMw- e crl vvi S oLaw— KJOefe fd t � scuss �c re to oil5. B. OPERATIONS COMMITTEE (90s Co wl ix�1! l 0/1 e,ef �`� ,3 C o p. ,m . Lo rn n o w o n o vncf Hie C'uto(jc- 5a�7ejU Corm w : ( t wteet a--r C. PUBLIC WORKS COMMITTEE ��y SO Yl S Q! d �V tc{ h 1% „ it w ; 4rn��,f d+ A : oo Pam . on T\,APsclaLf 7uvie- -IT D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE DC)i dl e I ( n �e d +aT + (Ile ��` r«S X)V^^ m, t-f e e w t l wi e e1- aT- 3 ' >u On J is Vq e. a1 cetgc� Lo , t ( ( d;5C_LiSS foe uc4c,ef A+ .qt) A 1 G. ADMINISTRATIVE REPORTS Cl ,r o C h C w a Vl o oL", ✓lc ed `fit +fAe d to e n e fc ecei five. s essivri D G p�l(o i rn�o,fie ( t� IL) al r o u f es Scuss IV Ct< <:�L<< 5'lh ��, . PUBLIC WORKS COMMITTEE JUNE 13, 1989 PRESENT: JON JOHNSON MARTY NIZLEK BERNE BITEMAN FRED SATTERSTROM JUDY WOODS TERRY MCALEER DON WICKSTROM MAY MILLER BILL WILLIAMSON LYLE PRICE GARY GILL JOHN MARCHIONE PUBLIC WORKS SUPERVISORS South King County Area Trans ortation Benefit District Wickstrom explained the agreement related to the City' s participation in the development of a financial plan for formation agencies of a Transportation Benefit District (TBD) . Count The include Auburn, Renton, Tukwila, Kent, and King Y• Committee unanimously approved participation and authorization for the Mayor to sign the Agreement. Lake Fenwick Restoration - Allocation of Funds Wickstrom explained this project is one for which we have received Centennial Clean Water grant funds. The total project cost is about $240, 875 ; $65, 000 of that would come from ted from the e drainage utility funds with the remainder of the project support grant. The project will enhance the water quality in Lake Fenwick and will be managed by the Parks Department. Wickstrom requested the $65, 000 be transferred from the unencumbered drainage utility funds for this project. The Committee unanimously approved. Transportation Improvement Board (TIB) Prospectus Wickstrom stated that TIB (formerly Urban Arterial Board) has a final allocation of $15 million for projects statewide. Kent has received grant offers from them for three projects: 1) 84th Avenue (180th to 192nd) to widen to a 5-lane facility. The project will be about $2 . 9 million and TIB has offered a grant of $900, 000. Kent' s matching funds would come from the drainage utility and formation of an L.I .D. 2) 256th & 104th Intersection Improvements - The project would construct a dedicated double southbound left turn lane plus a westbound right turn lane from 256th to go north on 104th and a northbound right turn lane from 104hAvenue t O.o eastTIB on offered The project cost would be approximately Public Works Committee June 13 , 1989 Page 2 a grant of $200, 000 . Kent' s matching fund would come from commitments from development in the area. 3) Central Avenue Improvements (Willis to Smith) - The project consists of widening Central and constructing a right turn lane at Central and Gowe to allow west bound traffic to turn north on Central . The project is approximately $1, 516, 000. TIB has offered a grant of $1, 000, 000. Kent' s matching funds would come from drainage utility funds; WSDOT overlay participation and a reallocation of 1991 CIP funds from the 84th Avenue project. The Committee unanimously approved the Mayor's signature on the prospectus for these grant offers. Property Exchange - Union Pacific Realty Wickstrom explained that when the property was rezoned from MA to M1, the owners had to deed right of way along 64th Avenue from 216th to 212th plus extra right of way for a future drainage channel. In working with the Fisheries department on the lagoon, it may be possible to put the outlet into an existing channel on the west side of the lagoon. Union Pacific is willing to trade the equivalent right of way along the drainage channel in exchange for release of the right of way along 64th. The Committee unanimously approved the exchange. L.I.D. 330 - 64th Avenue Improvements - Interim Financing Wickstrom stated the original approval for interim financing was just for right of way acquisition. We now need to hire consultants for design of the signal system for the project which will be approximately $49, 000. Wickstrom requested the interim financing be amended to include funds for the signal design. The Committee unanimously approved. L.I.D. 330 - 64th Avenue Improvements Williamson stated he had previously prepared a statement as to how the Public Works Committee could accept the Environmental Task Force report without interfering with the SEPA process. After meeting with Sandra Driscoll and Dan Stroh of Planning, Williamson stated he felt the Committee should not make a recommendation to Council but rather to the city's SEPA official, Jim Harris. Based on this, Williamson presented the action (copy attached) on which he would recommend Committee approval. The Committee approved Williamson' s recommendation. Public Works Committee June 13 , 1989 Page 3 Johnson stated he had talked to Jim Harris about the timing of his recommendations to the Planning Committee. Harris indicated it could be brought back to the Planning Committee with a recommendation next week and could also be placed on Council agenda that night for action. Harris suggested the Public Works Committee recommend this be directed to him, he would, in turn, make a recommendation to the Planning Committee and the Planning Committee would act on it and take it to Council that night. Williamson stated this Committee could ask that the minutes of this meeting and the prior meeting be given to Jim Harris which will contain your recommendations as to the project approval consistent with meeting SEPA requirements and to also look at segregating the project. Johnson stated it was his understanding that the portion along the lagoon would be segregated out and the northern and southern portions done as a separate project. Wickstrom suggested we proceed with the segregation. If nothing is done, an EIS will probably have to be done on the entire project which could add 6- 12 months before construction could begin. If we were able to get by with the checklist, it could probably be challenged by environmental groups which could, likewise, add 6-12 months to the project. Thus, he proposed to separate the projects. They are projects which could stand alone by themselves. The bonding attorneys have indicated we would not have to start over on the original L.I.D. We could reduce the scope of work. Because of the number of L. I .D. covenants and agreements from property owners, there will be no problem in forming a second L.I.D. The City' s financial consultants have indicated they did not foresee any problems with the concept of segregating the L.I.D. Wickstrom added the property owners along the lagoon have been notified and their concern was that the project will actually get built. The remainder of the property owners, however, have not as yet been notified but Wickstrom indicated he did not anticipate any major concerns on their part. Woods suggested the rest of the Council members be apprised as to what has transpired with this project so they have a full understanding perhaps through a memo followed by direct communication with them. Woods moved the Committee minutes of this meeting and the one of May 23 , 1989 be submitted to Planning. The Committee unanimously approved. The Committee also approved that the Public Works Department segregate the project into two L. I. D.s which are intended to comply with future SEPA determinations and existing project authorizations and they be authorized to submit a new checklist for the reduced scope L. I . D. 330. Public Works Committee June 13 , 1989 Page 4 L.I.D. 331 S E 240th Street Improvements - Puclet Power Acreement Wickstrom explained the agreement with Puget is for undergrounding within the project area. The cost of $63 , 836. 20 has been included in the project budget. The Committee unanimously approved the Mayor' s signature on the Agreement. Budaet Review The Committee proceeded to review the 1990 Public Works budget proposal. OFFICE OF THE CITY ATTORNEY June 12, 1989 T0: COUNCILMEMBERS JOHNSON, WOODS AND BITEMAN FROM: BILL H. WILLIAMSON, ASSISTANT CITY ATTORNEY RE: PUBLIC WORKS COMMITTEE - 64TH AVENUE SOUTH AND LID 330 IMPROVEMENTS Following the Committee' s meeting of Tuesday, May 23 +• 1989, concerning 64th Avenue south Improvements and and L.I.D. e330 affecting the former treatment lagoon, now a unique have prepared the following: ACTION: The Committee accepts the report of the Mayor' s 1989 concerning Environmental Task Force dated May 11, L.I.D. 330 and 64th Avenue Improvements. MOTION: It is moved and seconded that model boating activities shall hereafter be prohibited in the lagoon upon award of contract for improvements to the reconfiguration of the lagoon or construction of the buffer to accommodate 64th Avenue South improvements whichever occurs earlier. OPERATIONS COMMITTEE MINUTES June 1, 1989 COUNCIL MEMBERS PRESENT: Christi Houser Steve Dowell Paul Mann STAFF PRESENT: Ed Chow Jim Hansen Mike Webby Tony McCarthy/ Rod Frederiksen Carolyn Lake Alana McIalwain Charlie Lindsey Tom Vetsch Priscilla Shea May Miller Teri Mertes GUESTS PRESENT: Lyle Price, Valley Daily Newspaper Doug Klappenbach, Sound Ventures Inc. APPROVAL OF VOUCHERS All claims for the period ending May 15, 1989 in the amount of $749 ,295.79 were approved for payment. INITIATIVE AND REFERENDUM (INFORMATION ONLY) Assistant City Attorney Lake informed the Committee that the protest period for the Initiative and Referendum process had expired and asked the Committee for direction on including it on the Council Agenda. The Committee recommended including it on the consent calendar. PRINTING AND GRAPHIC EQUIPMENT FOR FINANCE DEPARTMENT Finance Director McCarthy requested printing and graphics equipment for Central Services which would be paid for by using $55, 505 of the Central Service Fund Balance of $107 ,479 to acquire a new press, plate maker and a graphics work station. He reported that the proposal would save city expenditures in the long run by bringing in printing now done by outside vendors and by making the internal operations more efficient. Councilmember Dowell had some concern about the expense of additional staffing to operate the new equipment with the budget process being tight this year. He also felt taking printing to outside vendors supports Kent businesses. Finance Director McCarthy informed the Committee that no staff would be requested at this time to enable him to evaluate the efficiency of the equipment to see if there is a necessity of increasing staff. Councilmember Houser mentioned that the equipment would be taken out of the Central Service Fund and the Internal Budget Committee had recommended the request. The Committee recommended this request by a vote of 2-1 for inclusion on the Consent Calendar. PROPERTY TAX INVESTMENT RESOLUTION Finance Director McCarthy informed the Committee that the State Court of Appeals issued a decision last fall regarding interest earnings on property tax receipts. The general effect of this decision is that Kent now has the right to earn interest on property taxes collected for us, by King County, up to the date the taxes are disbursed to the city. Assistant City Attorney Lake responded that the attorney' s office is currently reviewing items stipulated in a resolution that is being requested to be submitted to King County by June 30, 1989 to be entitled to retroactive interest earned. The Attorney recommended that a decision be deferred to the June 15, 1989 Operations Committee meeting. CASHIER'S COUNTER ALTERATION Finance Director McCarthy presented a short term solution to the space problem in the Finance Department. This solution involves moving the Utility Billing counter out 5 feet further into the lobby to allow more room for the Finance employees. The cost of moving the counter would be less than $1, 000 primarily for electrical and carpeting. The funds would come from Finance Department under expenditures. The Committee reviewed a diagram of the move and recommended this request. No further Council action is needed. MAYOR' S REQUEST FOR TRANSPORTATION FUNDING City Administrator Chow informed the Committee that the Mayor approves this request for $1, 500 for the King County Citizens for Improved Transportation. Their proposal will use funds from South King County Jurisdictions for legislative analysis and drafting in an effort to obtain funding for roads in the area. Expenditure will come from existing funds in the Civic Affiliation Budget. MANAGEMENT COMPENSATION STUDY City Administrator Chow informed the Committee that the Management Compensation study was still in the works . COMMITTEE BUDGET REVIEW DATES Finance Director McCarthy reviewed with the Committee the dates the city departments will deliver their 1990 budget presentations to their respective Committees. CENTENNIAL BUILDING LEASE MODIFICATION Assistant City Administrator Hansen presented a proposal by Sound Ventures Inc. to modify the present lease agreement on the Centennial Building. Sound Ventures Inc. would like to restructure the annual lease payments from the present $16/square foot/year to an average of $16/square foot/year with payments starting at $14 . 75/square fpot in 1990 and reaching $16.75 in 1993 , 1994 and 1995. This change will cause no increase over the five year term but will affect annual payments and is needed for developer financing due to higher than anticipated cost for the Church property. The modifications also involve increasing the amount of leased space from approximately 20, 000 square feet to 26, 460 square feet based on department needs analysis and building layout configurations. This additional space will cost an average of $84 , 141 per year or $420,708 over the five year period. Councilmember Dowell requested more time to research this new proposal and do some checking on the figures. The Committee postponed a recommendation until the June 15, 1989 operations Committee Meeting. The Committee requested to look at the new plans, to review a list of changes made to the original plans and to allow Councilmember Dowell to study the proposal and bring information back to the Committee at that time. 1990 BUDGET PRESENTATION BY FINANCE DEPARTMENT Finance Director McCarthy discussed the Finance departments 1990 Budget Presentation with the Committee. He first stated some of the Finance departments recent significant accomplishments then proceeded to list the 1990 budget objectives in order of priority. See attached. The intention for this presentation was to inform the Committee of these objectives so they would be familiar when they are discussed in fuller detail at a later date and to obtain direction from the Committee as to what they felt was the most significant issues to pursue. The Committee had no comment at that time as to any changes to the Finance objective list. 1990 BUDGET OBJECTIVES: APPROXIMATE NET COST * Continue to meet the city department demands for Central Services while trying to implement productivity improvements including Central Purchasing. $15,000 * Continued implementation of automated system for finance, budget and payroll. already budgeted * Continue-to provide higher quality printing and additional graphics capabilities. $30,000 • Prepare for the additional workload created by the addition of new buildings. $ 5,000 * Improve timeliness of paying vendors and providing financial reports, budget analysis, and auditing. $60,500 * Begin microfilming project of official public records. $15,000 * Expanded implementation of one meter reader per vehicle through rerouting. $27,500 * Focus on ways to provide better customer service for a growing customer base. $16,500 * Acquire a new utility billing system including hand held meter devices. already budgeted * Expand budget operations to include operational reviews of department practices. $45,000 * Continue to bring city facilities up to quality standards by implementing new Locking and alarm systems. $24,000 • Move toward distributive, on•Line cashiering and automation of accounts receivable. already budgeted * Begin a landscaping renovation program of city facilities. $10,000 * Enhance computer programs to include a program to allow Council minutes and history to be entered simultaneously. ? * Explore the establishment of our own parking citation system separate from the state system. ?