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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/01/1991................ Colty of Kent . i Council MeetinCt9 v Agenda CITY OF Luv Mayor Dan Kelleher Council Members Judy Woods, President Steve Dowell Paul Mann Christi Houser Leona Orr Jon Johnson Jim White October 1 , 1991 ti Office of the City Clerk CITY COUNCIL MEETING October 1, 1991 Summary Agenda MAYOR: Dan Kelleher COUNCILMEMBERS : Judy Woods, President Steve Dowell Christi Houser Jon Johnson Paul Mann Leona Orr Jim White City of Kent Council Chambers Office of the City Clerk 7 : 00 p.m. NOTE: An explanation of the agenda format is given on the back of this page. CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS ✓A. Employee of the Month ✓B. Proclamation - Crime Prevention Month �C. National Night Out Presentation f D. Metro Presentation 2 . PUBLIC HEARINGS A. U. S . Engine, Inc. Business License Revocation B. Mobile Home Park Code Amendnents 3 . CONSENT CALENDAR A. Minutes B. Bills C. Bill of Sale - Imperial Line Short Plat D. Bill of Sale - LeBlanc Gardens E. Bill of Sale - 102nd Avenue Apartments F. Bill of Sale - East Hill Carriage and Antique Mall G. Dover Court Storm Drainage Outfall - Ordinance H. Towing and Impound of Vehicles - Ordinance I . Parking Enforcement Aide Duties - Ordinance J. Canyon Drive Speed Limits _. Ordinance . K. Parkside Wetlands Purchase 4 . OTHER BUSINESS A. Canterbury Final Plat B. Eastwood Final Plat C. East Hill Annexation -D. King Y/Metro Merger er g E. SeaTac Boundaries Resolution - Proposed SeaTac Sewer Extension 5 . BIIJ8 None 6 . CONTINUED COMMUNICATIONS 7 . REPORTS 8 . ADJOURNMENT PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Employee of the Month B) Proclamation - Crime Prevention Month C) Police Department Presentation - National Night Out D) Metro Presentation Kent City Council Meeting Date October 1 , 1991 Category Public Hearings 1. SUBJECT: REVOCATION OF BUSINESS LICENSE OF U.S . ENGINE, INC. , 18403 E. VALLEY HIGHWAY 2 . SUMMARY STATEMENT: The City Council must make a finding based upon K.C.C. §5. 02 . 100 as to whether or not U.S. Engine has committed any of the acts described therein. If such a finding is made, the Council must revoke the business license of U.S. Engine. 3 . EXHIBITS: All notices of violation issued by various City Departments to U.S . Engine; memo from City Attorney's Office 4 . RECOMMENDED BY: Planning, Code Enforcement Public Works , City Attorney (Committee, Staff, Examiner, Co;•.lnission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT. NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ _.._— SOURCE OF FUNDS : OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: ---- Council Agenda Item No. 2A ,X CITY OF a\�O u September 24, 1991 Dan Kelleher, Mayor Norman G. Angelo, Fire Chief 1l�y�gm9fR� Michael P. Crossen U.S. Engine Inc. 18403 East Valley Hwy Kent, WA 98032 SUBJECT: PREMISES KNOWN AS 18403 EAST VALLEY HWY, WHICH PROPERTY IS LEGALLY DESCRIBED AS FOLLOWS: LOT 2 OF KENT SHORT PLAT#SPC-80-8 AS RECORDED UNDER KING COUNTY RECORDING NUMBER 8004220852, BEING A PORTION OF GOVERNMENT LOT 3 IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 23 N, RANGE 5 E, W.M. IN KING COUNTY, WASHINGTON,AND ALSO,THE NORTH 100 FEET OF THAT PORTION OF GOVERNMENT LOT 3 IN SECTION 31, TOWNSHIP 23 N, RANGE 5 E, W.M. IN KING COUNTY WASHINGTON, LYING WEST OF THE RENTON-ORILLIA STATE ROAD; EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON UNDER AUDITOR'S FILE NUMBER 3916582 Dear Mr. Crossen, It has come to the attention of this office that U.S. Engine Inc. is engaged in the practice of removing and installing engines in vehicles inside of your occupancy. Because this practice is done in conjunction with the use of flammable and/or combustible liquids, your business falls outside of the scope of the use allowed by the original Certificate of Occupancy (B-2) and would now be classified as an H-4 Occupancy. This conversion is in violation of Sections 307 and 502 of the Uniform Building Code. Should you wish to continue in the above mentioned practice, appropriate steps will need to be taken to up-grade your space to meet the construction requirements of an H-4 Occupancy. Please take action on this matter within 30 days by either restoring the original B-2 usage or by obtaining a building permit for the purpose of retrofitting your space to an HA Occupancy. You must call for an inspection to verify compliance. Should you have any question regarding this matter, please contact me at 859-3360. Respectively, Robert D. Hutchinson Building Official cc: Russ Senger TM/dp FIRE HEADQUARTERS/24611 116th AVE. S.E., KENT,WASHINGTON 98031 /TELEPHONE(206)859-3322/FAX#859-3281 CODE ENFORCEMENT DIVISION/220 4th AVE.SO.,/KENT,WASHINGTON 98032-5895 1 TELEPHONE (206)859-3360 1 FAX#859-3334 CITY OFL)��\��� - Da .Kelleher, Mayor 1 'F, D,m E. Wickstrom, P.E., Direct�r of Public Works t July 5 , 1991 Mr. Russ Segnor Park 184 Associates 4536 153rd Ave S . E. Bellevue, WA 98006 RE: Water Quality Violation Dear Mr. Segnor: City inspection of the U. S. Engine company ' s storm drainage at your site on 7-3-91 revealed polluted water and contaminated sediments in at least one storm drain catch basin. The affected catch basin (s) discharge to the City storm system, which outfalls to Springbrook Creek approximately one-half mile to the north. Storm drain systems are intended to convey clean stormwater only. The lack of significant oil stains on the paved catchment area for the affected catch basin leads me to suspect direct dumping of waste oil into the basin. At the time of the inspection, there was no discharge of polluted water to the City system, due to the lack of rain. Nevertheless , the presence of 2-3 feet of oil- and grease-contaminated solids and polluted standing water in the basin is unacceptable and represents a future water pollution discharge to the City storm system. The present situation must be corrected immediately to prevent both further contamination and future water quality problems . Specifically, the following corrective actions must be completed by 7-25-91: - storm catch basins near U. S . Engine must be pumped clean (pressure-hose and vactor) . - Clean-up and disposal contractor chosen must be cognizant of and abide by environmental regulations regarding sampling and disposal requirements for potentially-contaminated catch basin material . It is unlawful "to discharge or in any way release or contribute to pollution in any storm drain or surface water runoff which enters into the storm and surface water facilities within the City of Kent" . (Kent City Code 7 . 20 . 260 . B) Failure to implement corrective measures regarding this violation will result in civil penalties up to $250 per day, as authorized by KCC 7 . 20 . 500 . B. ( A 220 411t AVE. SO., /KENT, WASI IINGiON 90032 5895 1 ENGINL6MNG (205)85J 3303 f-AX if L' ) 7559/OI'LTIATIONS (20G)059 3395 FAX 0 859 3664 Mr. Russ Segnor Park 184 Associates RE: Water Quality Violation 7/5/91 Any knowing violation will constitute a misdemeanor and will be subject to a fine of up to $5000 or imprisonment for up to one -year in jail. (KCC 7 . 20 . 500 B) The cost of monitoring repeated drainage and water quality violations will be charged to your property thru the Drainage Utility. Furthermore, to allow oil to enter the storm sewer system and state waters is a violation of RCW 90 . 48 . 080 , RCW 90 . 48 . 320 and RCW 90 . 48 . 350 . Penalties up to $20 , 000/day can be levied by the State Dept. of Ecology for these violations . This is not the first time the City has investigated U. S. Engine for water quality problems . At the next available opportunity, the city will monitor the drainage quality from this site and impose civil penalties, if effluent quality does not meet State Water Quality Standards (WAC 173 . 201) , or the Wa. State Dept. Of Ecology ' s effluent guideline for oil and grease of 10 mg/l . The City of Kent is committed to improving the quality of its surface waters for the beneficial use of all . We would appreciate your speedy compliance regarding this water quality violation. Very truly yours , ,��r� T, cx" e Richard Chase Water Quality Engineer RC:mp Attachment cc: Nelden Hewitt, City of Kent Storm Supt. Gary Gill, City Engineer Carol Morris, Assistant City Attorney Ron Devitt, Dept. of Ecology Mike Crossan , U. S . Engine CITY OF )f \ Dan Kelleher, Mayor James P. Harris, Planning Director 4 QM s' The City o/Kent Celebrates Its First 100 Years August 5, 1991 VIA CERTIFIED MAIL Mr. Michael P. Crossan U. S. Engine, Inc. Automobile Engine Installation 18403 E. Valley Highway Kent, WA 98032 Mr. Russ Segner Segner Park 184 4536 153rd SE Bellevue, WA 98006 RE: PREMISES KNOWN AS 18403 E. VALLEY HIGHWAY WHICH PROPERTY IS LEGALLY DESCRIBED AS FOLLOWS : LOT 2 OF KENT SHORT PLAT #SPC-80-8 AS RECORDED UNDER KING COUNTY RECORDING NO. 8004220852 , BEING A PORTION OF GOVERNMENT LOT 3 IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 23 N, RANGE 5 E, W.M. IN KING COUNTY, WASHINGTON, AND ALSO, THE NORTH 100 FEET OF THAT PORTION OF GOVERNMENT LOT 3 IN SECTION 31, TOWNSHIP 23 N, RANGE 5 E, W.M. IN KING COUNTY, WASHINGTON, LYING WEST OF THE RENTON-ORILLIA STATE ROAD; EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON UNDER AUDITOR' S FILE NO. 3916582 Dear Messrs. Crossan and Segner: As a result of recent inspections by Charlene Anderson of the Kent Planning Department on July 3 and 25, 1991 and Phil Herrera of the Kent Fire Department on July 22 , 1991, notice is hereby given that the subject property and/or person(s) responsible for that property are in violation of the Kent Zoning Code, Title 15 of the .Kent City Code, Sections 15 . 05 . 060 (D) and 15 . 04 . 180 (A) and the Business License Code, Section 5 . 02 . 030 and 5 . 02 . 060 . Corrective action by the responsible person(s) is required no later than August 12 , 1991. I 220 4th AVE.SO_ /KENT,WASHINGTON 98032-5895 1 TELEPHONE (206)859-3390 1 FAX#859-3334 Mr. Michael P. Crossan Mr. Russ Segner August 5, 1991 Page 2, The specific violations are as follows: Operation of an automobile repair facility is not a permitted use in an M-2 , Limited Industrial, zoning district. KCC Section 15. 04 . 180 (A) . Every business within the City limits must make application, pay a fee for and be licensed by the City. We have no record of a business license for Automobile Engine Installation or U. S. Engine, Inc. KCC 5. 02 . 030 and 5 . 02 . 060. Automobiles are parked in areas which have been designated as maneuvering areas, and outside of approved parking stalls. Buildings which utilize dock-high loading doors shall provide a minimum of 100 feet of clear maneuvering area in front of each door. KCC Section 15. 05 . 060 (D) . The necessary correction to be taken by the responsible person (s) before the date set for compliance (or August 12 , 1991) is: CEASE PARKING OUTSIDE OF APPROVED AND DESIGNATED PARKING STALLS. CEASE OPERATION OF AN AUTOMOTIVE REPAIR FACILITY OR MAKE APPLICATION FOR A CONDITIONAL USE PERMIT TO MAINTAIN SUCH USE ON THE PROPERTY. CEASE OPERATION OF AUTOMOBILE ENGINE INSTALLATION COMPANY OR SUBMIT AN APPLICATION, PAY FEE AND OBTAIN A LICENSE FOR SUCH BUSINESS. Penalties for failure to comply with this Notice of Violation within the time frame specified herein are as follows : For each violation under the Kent Zoning Code; conviction of a misdemeanor, punished by a fine of not more than one hundred dollars or imprisonment for not more than 30 days, or both, and costs and expenses in the case. Each day such violation continues after the date set for compliance shall constitute a separate offense. For a violation of the Kent Business License Code; a monetary penalty not to exceed three hundred dollars, which shall be in addition to all other existing remedies . Mr. Michael P. Crossan Mr. Russ Segner August 5, 1991 Page 2 Any communications regarding this Notice of Violation should be addressed to me at 859-3390. Please call me for an inspection as soon as corrections have been completed. Otherwise, an inspection shall take place on or after the date set for compliance, and if the required corrections have not been made, this Notice will be referred to the City Attorney' s office for further action as described above. Sincerely, 6 aA c0. A C Charlene Anderson Planner CA/slc:usengine. ltr cc: Dan Kelleher, Mayor Norm Angelo, Fire Chief Scott Garrison, Tax Discovery, Washington State Department of Revenue, 301 Evergreen Plaza Building, Olympia, WA 98504 James Gooding, Attorney at Law, 909 W. Meeker Street, Kent 98032-5795 James P. Harris, Planning Director Robert Hutchinson, Building Official Roger Lubovich, City Attorney Carol Proud, Senior Planner Don Wickstrom, Director of Public Works SENDER: � I also wish to receive the • Complete items 1 andlor 2 for additional services. I following services (for an extra • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so fee :' ❑ Addressee's Address that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. 2 El Restricted Delivery Write "Return Receipt Requested" next on the mailpiece n to Consult postmaster for fee. the article number. 4a. Article Number 3. Article Addressed to: p 692 149 700 Mr . Russ Segner 4b. Service Type Segner Park 184 [1 Registered [-1 Insured �'Certif��ed ❑ COD 4536 15 3 rd SE Return Receipt for Bellevue, WA 98006 [1Expr s Mail a Merchandise 7. D e f eliv ry 8. Address e' Address (Only if requested Signa ur ddressee) and fee is aid) atu (Agent) RECEIPT PS Form 3811, October 1990 U.S.GPO: DOMESTIC RETURN SENDER: • Complete items 1 and/or 2 for additional services5;. also wish to receive the • Complete items 3, and 4a & b. , following services (for an extra • Print your name and address on the reverse of this form so fee): that we can return this card to you. • Attach this form to the front of the mailpiece, or on the 1 ❑ Addressee's Address back if space does not permit. • Write "Return Receipt Requested" on the mailpiece next to 2. ❑ Restricted Delivery the article number. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number r Mr. Michael P. Crossan P 692 149 699 U .S . Engine, Inc . 4b. Service Type ❑ Registered ❑ Insured 18403 E . VAlley Highway }Certified ❑ COD Kent , WA 98032 ❑ Express Mail ❑ Return Receipt for Merchandise 7. Date of DeliverA r., 5. Signature (Addressee) 8. Addressee's Ad re (Only if requested and fee is paid) 6. Si at IA r— PS Form 3811, Octob 990 *U.S.GPO:1990-273-861 DOMESTIC RETURN RECEIPT . OFFICE OF THE CITY ATTORNEY CITY OF RENT PUBLIC HEARING U. S. ENGINE - BUSINESS LICENSE REVOCATION The purpose of this hearing is for the Council to hear and consider the pertinent facts relating to the proposed revocation of business license for U. S. Engine. I. HEARING PROCEEDINGS 1. Staff presentation A. City Attorney B. Planning Department C. Building Code officials D. Public Works - Water Quality E. other Staff will have a total of 20 minutes in which to make a presentation to Council . 2 . U. S. Engine U. S. Engine and/or its representatives will have 20 minutes in which to present its position to the City Council . 3 . Public Testimony Anyone not part of City staff or U. S . Engine representatives wishing to present testimony regarding this issue will have five minutes in which to speak. Testimony may be further limited depending upon the number of individuals wishing to speak. Testimony should be limited to the issue at hand. 4 . Rebuttal or Closing Arguments Both City staff and U. S. Engine may reserve a portion of its allotted time for rebuttal and/or closing arguments following public testimony. II. COUNCIL CONSIDERATION 1. Deliberation Pursuant to Kent City Code Section 5 . 02 . 100, the City Council may revoke the business license of a business operating in the City when it finds any of the following: A. That the business has engaged in a continuing pattern of false and misleading advertising; B. That the business has engaged in oppressive, harassing bill collecting techniques which unreasonably interfere with the debtor's well-being; C. That the business has engaged in conduct which is a nuisance, or is otherwise injurious to the public health, safety or welfare of Kent; D. That the business has or is operating in violation of the laws of Kent, or other governmental authority. 2 . Council Action Based upon information presented by the various City Departments and public testimony, the Council needs to make findings on the record on KCC 5. 02 . 120 (1) through (4) above. If the finding of the Council is that U.S. Engine has engaged in acts listed in (1) through (4) above, the Council may revoke the business license. If the Council revokes the business license, the City Attorney recommends that U.S. Engine be informed that it must cease operations immediately. The City Attorney should also be given authorization to take whatever legal action is necessary to ensure that U.S. Engine does not continue to operate without a valid Kent business license, including the collection of penalties as provided under KCC 5 . 02 . 090. Extensions of time: U.S. Engine's attorney may ask the City Council for an extension of time for this revocation hearing. The City Attorney recommends that the Council first consider whether enough information has been presented for a determination to be made that the acts described above have occurred. If so, the Council should make a decision whether to revoke the business license or not. Given the limited scope of remedies available to the City Council if it finds that U.S. Engine committed the acts described in KCC 5. 02 . 100, an extension of time for this revocation hearing is irrelevant if granted for the purpose of providing more time for the business to achieve compliance with the zoning, water quality and building code. All of these violations will be prosecuted separately in District Court. However, if you decide to grant an extension of time, keep in mind that the code requires that the revocation hearing be held within 60 days of the initial notice, so the hearing must be scheduled for the next City Council meeting, and appropriate notice requirements (publication) must be observed. procedure.doc FTCITY OF �2� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM °�Tern�s� October 1, 1991 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS ._ FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: REVOCATION OF BUSINESS LICENSE - U. S. ENGINE, INC. Kent City Code Chapter 5. 02 . 100 (A) provides that the Kent City Council mal revoke a business license when, for example: 1. The business has engaged in conduct which is a nuisance or is otherwise injurious to the public health, safety or welfare. 2 . The business has or is operating in violation of the laws of Kent, or other governmental authority. As you will notice by the attached chronology of events, U. S. Engine, Inc. has operated in violation of the Kent Zoning Code, and other regulations for over two years. U. S. Engine continues to conduct auto repair operations despite numerous notices that such operations are not allowed, nor have they submitted ar application for a conditional use permit to allow auto repair operatioT at their site. Kent Zoning Code section 15. 02 . 030 defines automobile repai, as follows: _ "Includes fixing, incidental body or fender work, paintinc upholstering, engine tune-up, adjusting lights, brakes, supply and installinc replacement parts to passenger vehicles and trucks. " In addition, U. S. Engine continues to store items outdoors. At various times there have been tires, hitches, I-beams, pallets and other items store on-site in violation of City code requirements. U. S. Engine is displaying a large wall sign on the south wall of their building. The sign exceeds the area allowed for a sign in the M-2 , Limitec Industrial, zoning district. Their sign permit application was denied. U. S. Engine has not submitted an application for a sign variance, yet continue to display the sign. Numerous court cases are pending related to U. S. Engine operations. Also; the City of Kent has received several complaints about their operations. RECOMMENDATION Staff recommends that the City Council revoke the business license of U. S Engine, Inc. and thus require them to cease operating in the City of Kent. CA:JPH/mp: a:usengine.mem Enclosure CHRONOLOGY OF EVENTS U. S. ENGINE, INC. May 21, 1986 Kent Hearing Examiner conditionally approves a conditional use permit for Russ Segner, Segner Park 11184" (#CE-86-3) , allowing for expansion and relocation of an existing automobile, commercial and industrial vehicle and equipment repair facility. The repair facility would occupy approximately 51000 feet maximum. Conditions include no outside storage or repair of vehicles shall be permitted. February 29, 1988 A business license was issued to North West Engine Exchange at 18817 84th Avenue South (This is not part of Segner Park 184) . The description of their business was "We sell and deliver remanufactured motors to auto repair shops. The space is for warehouse use, with a small office & show room. " November 3 , 1988 Senior Planner Kathy McClung, in a letter to Russ Segner, authorized tenant space for auto repair-type uses totalling 5, 792 square feet under the existing conditional use permit. The tenants listed as part of the 5,792 square feet did not include U. S. Engine Inc. Ms. McClung stated in her letter that any further expansion of auto repair-type uses would require a new conditional use permit. January 16, 1989 The Planning Department received notice via notation on a Business License Renewal Notice that NW Engine Exchange had changed their name to U. S. Engine, Inc. and had relocated to 18403 East Valley Highway (within Segner Park 184) . The business license renewal was held up pending compliance with zoning code regulations. May 2, 1989 A zoning permit was issued for a tenant improvement application for U. S. Engine. The zoning permit included under "Special Conditions or Restrictions" the statement "Engine assembly only-no auto repair on this site. " May 18, 1989 Julie Espey of U. S. Engine, Inc. wrote to the Kent Planning Department and stated they were still waiting for their renewal license. She CHRONOLOGY OF EVENTS U. S. ENGINE, INC. provided their new address as 18403 East Valley Highway. June 20, 1989 Planner Scott Williams, in a letter to Michael Crossan of U. S. Engine, stated the department had received several complaints regarding U. S. Engine operations. Mr. Williams further stated the U. S. Engine sign on the south side of the building was too large and all signs require a sign permit. In addition, Mr. Williams stated that a fenced storage area which had been set up in a parking area on the north side of the building cannot be used for storage. The City required that both the sign and storage area be removed by July 20, 1989 . December 21, 1989 Michael P. Crossan, President of U. S. Engine, Inc. paid $50 for the 1990 renewal of his business license. The renewal license was not issued.' January 29 , 1990 Mr. Ronald C. Devitt, Water Quality Inspector for the State Department of Ecology, wrote a warning letter to Mike Crossan regarding oil contamination of storm sewers caused by poor storage practices at the loading dock area of U. S. Engine. The letter stated it was the third time Mr. Devitt had discussed the problem with U. S. Engine. July 91 1990 The Kent Planning Department received a complaint about the U. S. Engine sign being too large, a cardboard sign in the window of the tenant space, and conducting of illegal auto repair. November 13 , 1990 Planner Charlene Anderson, in a certified letter to Julie Espey of U. S. Engine, Inc. stated she observed zoning code violations on the U. S. Engine site. By November 22 , 1990 U. S. Engine was required to apply for sign permits for their signs, cease auto repair operations, properly maintain landscaping around their building, and eliminate outside storage or submit development plans for an outside storage area which complies with City regulations. 2 CHRONOLOGY OF EVENTS U. S. ENGINE, INC. November 16 , 1990 Michael P. Crossan submitted a new business license application form for relocation. The description of the business states, "Automotive engine remanufacturer & engine assembly sold wholesale, retail & service. Products include all internal engine parts and cores. " January 24, 1991 Planner Charlene Anderson, in a certified letter to Michael P. Crossan, denied U. S. Engine's application for a sign permit for the wall sign on the south wall because the sign is too large. She stated that by February 51 1991 U. S. Engine must remove the wall sign, submit a sign permit for the door sign, cease auto repair operations, remove the outside storage north of the building or submit development plans which indicate compliance with City code, and remove the sign structure located in the landscaping abutting East Valley Highway. February 11, 1991 The Kent Planning Department sent a Code Enforcement Complaint Form to the Kent Water Quality Engineer informing them of suspected dumping of material from repair operations in the landscape islands south of and abutting the U. S. Engine tenant space. March 29, 1991 Two separate citations were written to Michael P. Crossan for failure to obtain a business license, failure to obtain a sign permit, and failure to properly screen outside storage areas. April 2 , 1991 Planner Charlene Anderson, in a certified letter to Michael P. Crossan, informed Mr. Crossan of the citations and stated that unless the violations were resolved by April 11, 1991 he would be cited daily for the violations. April 4, 1991 Thomas H. Cinko, Vice President of U. S. Engine, Inc. , in a letter to Planner Charlene Anderson, stated U. S. Engine had removed all signs except the sign on the south wall for which a sign permit application was submitted, stated U. S. Engine had no outside storage 3 CHRONOLOGY OF EVENTS U. S. ENGINE, INC. areas, and stated that a business license was applied for. April 8 , 1991 In a telephone conversation, Planner Charlene Anderson informed Tom Cinko of U. S. Engine that they still were not in compliance with City , code related to signage and outside storage and that the City had received another complaint related to illegal auto repair being conducted by U. S . Engine. Ms. Anderson sent an application for sign variance to Mr. Cinko. May 17, 1991 Planner Charlene Anderson photographed outside storage and parking in maneuvering areas adjacent to U. S. Engine tenant space, and a vehicle being worked on inside the U. S. Engine tenant space. May 28, 1991 The Kent Planning Department received a citizen complaint about U. S. Engine being allowed to operate without a business license and informed the City that two other companies were doing business from the U. S. Engine tenant space. June 4, 1991 Paula Ratcliff wrote to the Kent Business License Department, with a copy to the Mayor and City Attorney, requesting investigation and closure of U. S. Engine. She provided a list of other pending court cases against U. S. Engine and a summary of her personal complaint about the company' s operations. June 10, 1991 Due to an error a business license was issued to U. S. Engine despite the fact that their latest application was not yet approved. June 20, 1991 Mayor Kelleher requested that Planning Director Harris and Fire Chief Angelo respond to Ms. Ratcliff ' s complaints. June 26, 1991 Attorney James Gooding, in a letter ,to Planner Charlene Anderson, stated he represents U. S. Engine and he requested a meeting with Ms. Anderson related to resolving issues. July 11 1991 Kent Planning Department received a complaint about auto repair operations being conducted 4 CHRONOLOGY OF EVENTS U. S. ENGINE, INC. by U. S. Engine and their dumping oil, etc. into the sewer system. The complaint was forwarded to the Kent Water Quality Engineering section. July 3 , 1991 Charlene Anderson inspected the U. S. Engine site, and noted two landscape islands were "trashed" and a jeep with the hood up was located outside the U. S. Engine tenant space. July 5, 1991 Mr. Richard Chase, Kent Water Quality Engineer, wrote to Russ Segnor with a copy to Mike Crossan, regarding polluted water and contaminated sediments in at least one storm drain catch basin. The letter stated this was not the first time the City had investigated U. S. Engine for water quality problems. July 11, 1991 Attorney James Gooding wrote to request of Charlene Anderson a response to his June 26, 1991 letter. July 15, 1991 Charlene Anderson left a message with Mr. Gooding' s receptionist to return her call. July 16, 1991 Attorney James Gooding wrote to request a meeting with Charlene Anderson to discuss resolution of the matter of U. S. Engine, Inc. July 22 , 1991 Mr. Phil Herrera of the Kent Fire Department notified Charlene Anderson that he observed auto repair being conducted by U. S. Engine Inc. July 25, 1991 Charlene Anderson talked to Attorney James Gooding regarding the U. S. Engine sign violations, outside storage and auto repair operations. Ms. Anderson copied material related to U. S. Engine for Mr. Gooding to pick up at the Kent Planning Department. Ms. Anderson called Mr. Gooding' s office to inform him the material was ready to be -picked up. As of September 23 , 1991 the material still has not been picked up. July 25, 1991 Charlene Anderson observed a hitch in the landscape island, autos parked in the maneuvering areas north of the U. S. Engine 5 CHRONOLOGY OF EVENTS U. S. ENGINE, INC. tenant space, and concrete dug out at the north loading dock bay of the U. S. Engine tenant space. July 26, 1991 Charlene Anderson verified with Washington State that neither AEI (Automobile Engine Installation) or NC Machine in Kent are registered with the state. July 30, 1991 Charlene Anderson called Automobile Engine Installation and verified they are located at 18403 East Valley Highway and they install engines. August 5, 1991 A certified letter was sent to Michael Crossan by Charlene Anderson. The letter provided notice that U. S. Engine, Inc. aka NW Engine Exchange, is subject to busines license revocation. August 5, 1991 A certified letter was sent to Michael Crossan by Charlene Anderson. Necessary correction to resolve zoning code violations include cease parking outside of designated parking stalls, cease auto repair operations or apply for a conditional use permit for auto repair operations, cease operation of Automobile Engine Installation or submit application for a business license. August 27 , 1991 Attorney James Gooding requests additional time for U. S. Engine to relocate their facility. Mr. Gooding submitted a copy of a letter from Thomas Cinko stating their intention to relocate. September 41 1991 Deputy City Clerk sent Notice of City Council public hearing to revoke the U. S. Engine business license to Michael Crossan. September 16, 1991 Assistant City Attorney Carol Morris informed James Gooding via letter that the business license code does not allow the City to postpone the hearing to revoke U. S. Engine' s business license. Kent Planning Department October 1, 1991 6 Kent City Council Meeting Date October 1 , 1991 Category Public Hearings 1. SUBJECT: MOBILE HOME PARK CODE AMENDMENTS 2 . SUMMARY STATEMENT: This public hearing will consider revisions to the Kent Mobile Home Park Code. At the August 6, 1991 Council meeting, Council amended the Mobile Home Park Code and requested that the Planning Department meet with interested people and come back with any additional necessary amendments. 3 . EXHIBITS: Staff report, draft amendments to the Mobile Home Park Code, City Council minutes of 8/6/91 4 . RECOMMENDED BY: City Council (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT_ NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: SOURCE OF FUNDS : _— OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTIOON: Councilmember t % moves, Councilmember ' seconds to accept/reject/modify the revisions to the Mobile Home Park Code and direct the City Attorney to prepare the necessary ordinance. DISCUSSION: r ACTION: _—__- Council Agenda Item No. 20 CITY OF L� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 STAFF REPORT FOR CITY COUNCIL PUBLIC HEARING OF OCTOBER 1, 1991 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: James P. Harris, Planning Director SUBJECT: Revisions to Recent Mobile Home Park Code Amendments DESCRIPTION OF PROPOSAL The proposal is to further amend the Kent Mobile Home Park Code. Revisions include: 1. Revise non-conforming mobile home park standards to allow recreational vehicles as permanent dwelling units under certain circumstances. 2 . Eliminate accessory structure diagram 12 . 08 . 380-3 and make minor text revisions to remaining setback diagram. 3 . Revise the definition of an accessory structure. 4 . Provide appeal procedures for Building Official decisions. BACKGROUND INFORMATION At the August 6, 1991 City Council staff was directed by the Council to conduct an additional meeting with mobile home park owners. A few park owners had identified concerns with the proposed amendments. Planning and Fire Department staff met with park owners and other interested persons on August 28 , 1991 . The following issues were discussed: 1. Setbacks on mobile home park boundaries. 2 . Permit process. 3 . Recreational Vehicle issues . 4 . Structures . 5 . Variance procedures. 6 . Spacing requirements. The proposed amendments to the Mobile Home Park Code are noted in "bill form" with strike outs of the current language and the new language underlined. Please refer to the attached sections of the Code, pages 2 , 19 , 20, 21 and 22 . REVISIONS TO RECENT MOBILE HOME PARK CODE AMENDMENTS Page 2 PLANNING DEPARTMENT REVIEW The above six issues were thoroughly discussed. It became apparent that the recent amendments to the Mobile Home Park Code would pose difficulties both for staff to administer and park owners/tenants to comply with. Further clarifications and revisions are necessary. All reference to meeting zoning setbacks at park boundaries are proposed to be eliminated. Planning Department staff are not included in the review of placement permits in non-conforming parks . The only relevant setbacks for individual units that must be met in a non-conforming park are in relation to adjacent structures and roadways . Please refer to strike-outs on page 21 and page 22 . The permit process will continue to be administered by the Code Enforcement Department. An application and a site plan will be required. Timely permit. issuance is dependent upon complete submittals. Staff will issue a permit within five working days . A development assistance brochure is available that outlines the procedures for obtaining a mobile home set-up permit (please refer to attached document) . Several park owners expressed concern with undersized individual unit spaces that can not accommodate even a single wide mobile home and meet the minimum separation requirements . Some relief in this instance was warranted. Rather than out right deny use of an existing space, by allowing a recreational vehicle as a permanent dwelling unit, the proposed amendments would afford occupancy of the space and provide compliance with minimum fire/safety separation requirements . Please refer to page 19 and page 20 , new section 3 for amended language. Concerns with regard to accessory structures included the number allowed per individual space, meeting setback requirements, and difficulty with including carports and porches as accessory structures . Staff re-thought the need for including standards for accessory structures in the Mobile Home Park Code. Existing Uniform Building Code (UBC) standards are adequate and applicable for addressing the placement of accessory structures and assuring safe separation requirements . Additional requirements in the non- conforming provisions would be redundant. For purposes of measuring setbacks between units, carports and porches would not be considered accessory structures and in most instances would not have to meet separation requirements . Please refer to definition REVISIONS TO RECENT MOBILE HOME PARK CODE AMENDMENTS Page 3 of accessory structure on page 2 for amended language and strike- outs on page 19 , section 3 , page 20 , section 5 and entire page 22 . Variance procedures from a Building official decision were requested. One proposal was to bring appeals of permit decisions directly to the City Council for resolution. The existing variance procedures outlined in the Mobile Home Park Code pertain to new park development and would not be applicable to issuing a placement permit. The Kent City Code, Chapter 14 . 01, currently provides for appeal procedures from any building official decision with regards to permit approval. The Council has appointed a Board of Appeals that is comprised of builders, architects and others in the community to conduct public hearings and modify administrative decisions when necessary. Please refer to page 20 , new section 5 for amended language. Spacing concerns discussed included distance between units, setbacks from park boundaries and internal roads, construction materials and accessory structures . The proposed amendments establish minimum safety requirements and afford the greatest flexibility for individual unit placement within a non-conforming park. The requirement to define an individual mobile home lot is eliminated. Spacing or separation requirements will be determined by distance between units rather than lot lines. Lot coverage requirements will not apply to individual units. When separation requirements can not be met, park owners will have the- option to occupy the space with a recreational vehicle. PLANNING DEPARTMENT RECOMMENDATION Based on the above discussion, staff recommends that the Council APPROVE the amendments to the Kent Mobile Home Park Code as proposed. CP/ch:a:mhpcode2.rpt DRAFT For Discuscion Purpoca3 Only City of Kent Mobile Home Park Code time said mobile home is placed on the lot or as soon thereafter as is reasonably practicable. Failure to make such inspection shall not constitute a waiver of any of the provisions of this Code_ For inspection purposes, the Building Official or his duly.authorized representative shall have the right and is hereby empowered to enter any mobile home park. The Code Enforcement Division of the Fire Department may require a permit for the placement of a mobile home on a lot and may charge for said permit. If, after due investigation, the Building Official determines that any provisions of this code have been violated, the mobile home park owner shall have 14 days to remedy the violations. If the violations are not corrected within 14 days, the violations shall be forwarded to the City Attorney for action under 1 2.08.420 Penalties. 12.08.070. DEFINITIONS. For the purpose of this code certain terms, phrases, words, and their derivatives shall be construed as specified in this Section. Words used in the singular include the plural, and the plural the singular. The words "shall" and "will" are mandatory; the word "may" is permissive. 1 2.08.071 . ACCESSORY STRUCTURE - Any structure on an interior mobile home lot or site that is appurtenant to the principally permitted mobile home or nonconforming recreational vehicle. For purposes of non-conforming mobile home parks carports and porches open on three sides shall not be concidered accessory structures. 12.08.072. CITY COUNCIL. The City Council of the City of Kent, Washington. 1 2.08.073 COMBINING DISTRICT. District regulations superimposed on an underlying zone district which impose additional regulations for specific uses, and which are valid for a stipulated time period. Uses permitted by the underlying zone may also be developed. 12.08.074. COMMON OPEN SPACE. A parcel or parcels of land or an area of water or a combination of land and water within the site designated for a mobile home park which are designed and intended for the use or enjoyment of residents of the park. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the mobile home park. Common open space may also include all landscaped buffer areas. 12.08.075. COMPREHENSIVE PLAN. The plans, maps and reports which comprise the official City development plan as adopted by the City Council in accordance with RCW 35.63 or RCW 35A. 12.08.076. COUNTY AUDITOR. As defined in Chapter 36.22 RCW or the office of the person assigned such duties under the King County Charter. 12.08.077. CONDITIONAL USE AND CONDITIONAL USE PERMIT. A use permitted in a zoning district only after review and approval by the Hearing Examiner. Conditional uses 2 City of Kent Mobile Home Park Code 12.08.380 NONCONFORMING MOBILE HOME PARK STANDARDS To assure reasonable opportunity for the continued use of existing mobile home parks created prior to the adoption of the Mobile Home Park Code and therefore not in compliance with all or some of the development standards required herein, said parks shall be considered legal nonconforming uses. The following minimum standards shall apply to the placement or relocation of individual mobile homes and recreational vehicles within nonconforming mobile home parks and to the' construction of accessory structures. 1) A site plan drawn to scale that shows the perimeter park boundaries, the dimensions andlots, the location of all existing mobile homes, accessory buildings, carports and porches, utility hookups and internal roadways shall be submitted in conjunction with permit application for placement or relocation of individual mobile homes or construction of accessory buildings. 2) The placement or relocation of individual mobile homes in nonconforming mobile home parks shall be subject to the minimum separation standards of the National Fire Protection Association (NFPA 501 A, Section 4-2.1 .1) as adopted by reference in the Kent Municipal Code Chapter 13.02.080 for required standards. Lot coverage requirements need not apply. See diagram 12.08.380-2 3)r—11,11 new f ae-eesso+y_strtlettetis in a neneenfeirming t te h sepaicatien standards of the __OFe than st, e' rn shall be allevved en eaeh n9ebile--he l�ei eeverage requkements need not I-y -Se" g e replaeed by a similar le at the-exact web' e Building Offieiaf Recreational vehicles shall be allowed as a permanent dwelling unit in a non- conforming mobile home park under the following circumstances: a. A recreational vehicle may be relocated on an individual mobile home space that is occupied by a similar unit at the time of adoption of the non- conforming standards. b. The park owner demonstrates that an existing moblile home space can not be used for a mobile home due to the minimum setbacks specified in diagram 12.08.380-2. Verification of these provisions shall be submitted to the satisfaction of the Building 19 City of Kent Mobile Horne Park Code Official in coniunction with application for an individual mobile home placement permit All recreational vehicles in use as a permanent dwelling shall be hooked up to approved utilities and shall comply with the seperation requirements specified in diagram 12.08.380-2. h-em 64) No nonconforming mobile home park boundaries shall be expanded nor shall any additional mobile home lots be created as a result of these provisions. Any new expansion shall be subject to the provisions of the Mobile Home Park Code. 51 Appeals of any Building Official decision with regard to placement or relocation of a mobile home recreational vehicle and/or accessory structure are subject to the appeal procedures specified in Kent City Code Chapter 14.01 . 20 City of Kent Mobile Home Park Code Diagram 1.2.08.380 - 2 Minimum NONCONFORMING Mobile Home Park Separations Reference: NFPA 4-2.1 .1/Kent Municipal Code GhapteF Title 13. The following example illustrates the minimum separation standards for the placement of mobile homes/manufactured homes in nonconforming mobile home parks. MINIMUMS 10' SIDE TO SIDE 8 END TO SIDE 6' END TO END 6' DIAGONALLY I I lol I Side A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Interior Park Driveway) Any portion of a mobile home/manufactured home shall not be located closer than 10 feet side to side, 8 feet end to side, 6 feet end to end horizontally or 6 feet diagonally from any other mobile home/manufactured home or community building. No portion of a mobile home/manufactured home can encroach on an internal driveway. setbae'ES must be verified by the Kent Plannin@-Depaftm-e�. The site plan must reflect adjacent park spaces and separations between units and accessory structures and roads. Additional permits and review may be required by other agencies or City departments as a result of the placement of a mobile home/manufactured home. if you have fUFtheF qUeStienS, please eentaiat the Kent Gede EfifE)Feement Division ef the F;r,- NOTE: Upon approval of the Building Official construction of an approved two-hour fire resistive wall may decrease required separation distances. 21 City of Kent Mobile Home Park Code AAlAAA4L1h4S . -GGRGtFWGtiQR) biz�$tible + I -shall net than three feet frem any building oF struetwe on-an adjaeent site. pow Pi e �c'Fn fact ed h r eneFe8eh T -Fv rvm�v.�ccc-S Seth"r .vc;ts-rr. t-be-verified- The site plan st Fefleet adfaeept pa-rk spaees-se4bac-k&-and--separatief:is-betweea-units-and aefesseFy stFuetuFes and reatd5. Additional peFFnits and review may be Fefored by other ageneies r Gity-d epa « -z i�z 22 City of Dent att or�'3,ettait Development Assistance 23 Brochure Requirements For Mobile Home Set Up Permit All mobile home set-ups and permanent structures within mobile home parks must conform to the standards adopted by the City (The Mobile Hoine Park Code) along with state requirements for electrical installation. Prior to submitting your application for a building permit, you must have the following documents: 1) Legal description of proposed site * Lot, block and subdivision name. Assessor's parcel number. 2) Site plan of the mobile home park - two copies which include the following: * Scale used and marker showing direction north. * Location and dimension of perimeter park boundaries and all lot lines. * Location and dimensions of all existing and proposed mobile homes and other structures, showing distance to lot lines. * Location of on-site parking and internal roadways. 3) Working Drawings - Two complete sets which show: * Foundation or mobile home ground anchors details (see handout sheet #1). * Elevation drawings showing construction details for permanent structures such as decks, porches, stairways and storage buildings. 4) Additions to mobile homes * Permanent connections to the mobile home require approvals from the Department of Labor and Industries, State of Washington. 8/91 August 6, 1991 ANNEXATION the signatures must be verified by Public Works, PETITION and recommended that the petition be referred to (Ramsted) the Annexation Committee simultaneously. He pointed out that the Council must consider it within sixty days. Woods noted that someone from the Public Works Department will be in contact with Mr. Sharp. MOBILE HOME (PUBLIC HEARINGS - ITEM 2A) PARK CODE Mobile Home Park Code Amendment. This public AMENDMENT hearing will consider three revisions to the Kent Mobile Home Park Code summarized as follows : 1) Codification revisions throughout documents ; 2) Minor text revisions that revise consistency with adopted city codes and policies; and 3) New non-conforming mobile home park section. The re- visions are being brought directly to the City Council for deliberation as a result of Section 2 of the adopting Ordinance No. 2077 which states that "the code may be amended by the City Council at any regular City Council meeting upon motion duly made, seconded and passed. " Carol Proud of the Planning Department noted that they have received a regulatory review request from a mobile home park owner asking that Section 1 . 3 paragraph 3 which reads as follows be amended: "Any units brought into an existing mobile home park: any mobile home relocated on its own lot or onto any other lot: any additions to the structure or structures present on any lot (e . g. storage buildings, canopies , decks , patios, fences, etc. ) must comply with this code as well as all other applicable City codes and regulations . " She noted that it is the duty of the Building Official to issue relocation permits for individ- ual mobile home units in existing parks, and that he has denied relocation permits because the Code does not permit relocating individual mobile home units that cannot meet requirements and standards for new parks . She explained that all of the existing mobile home parks within the City were built prior to the 1978 adoption of the Mobile Home Park Code and that all of the existing mobile home parks are non-conforming with respect to 6 August 6, 1991 MOBILE HOME individual unit placement criteria which includes PARK CODE lot size, coverage, setbacks and separation AMENDMENT requirements between units and accessory build- ings. She noted that an environmental review of the proposed amendments to the mobile home park code was conducted pursuant to the State Environ- mental Policy Act and that the Fire Department recommended that combustible accessory structures be limited to one per mobile home park lot, in order to avoid proliferation of such structures that could otherwise present an unacceptably high fire risk. Proud noted that several meetings were conducted with interested parties which included park owners, tenants, real estate agents and King County Housing and Economic Development section. She said only one comment was received, which con- curred with the staff ' s recommendation. She noted that of most concern is the dwindling number of mobile home parks available, and the fact that new mobile home parks are not being constructed. Proud reviewed the non-conforming Mobile Home Park Standards which staff has developed. She clari- fied for White that sewer and other types of hook- ups may be required and that the Building Depart- ment will administer this . White voiced concern regarding the number and cost of permits required. Proud urged the Council to direct the City Attor- ney to prepare the necessary ordinance. Woods declared the public hearing open. Mel Kleweno, 555 W. Smith, Attorney representing sev- eral mobile home park owners, noted that they are concerned about the costs associated, and pointed out that mobile home parks are one of the main sources of affordable housing for low and fixed income people. He stated that some park owners had asked for additional meetings with staff and urged the Council to direct Planning to work fur- ther with the owners. Paul Symbol , owner of a park at 412 N. Washington, voiced concern about losing spaces due to setback requirements, and noted that it would be difficult to comply with the ordinance regarding water, sewer and power hookups because of the short no- tice given by tenants when moving in and out. He also requested that more meetings be held with 7 August 6 , 1991 MOBILE HOME Planning staff before adoption of the ordinance. PARK CODE Jack Keck, 855 E. Smith, owner of Circle K Park, AMENDMENT spoke in regard to recreational vehicles. He also stated that he would like to meet with Planning again before this issue is finalized. Upon a question from a mobile home owner, Mrs . McLaughlin, Carol Proud said that this amendment would have no effect on people currently living in mobile home parks, that it only affects people trying to move into parks . Proud noted that she had sent out notification and draft copies asking for comments, but received only one comment. Proud pointed out that this amendment would allow the Building Official some flexibility to allow people to move into parks and that it would make it easier for people to replace their existing mobile home with a new one. White asked that the issue regarding whether tenants could have both a carport and a storage shed be clarified. Ron Clark, representing the Washington Manufac- tured Housing Association, said the ordinance pro- vides flexibility and noted that the National Fire Protection Standards are reasonable . John Marshall , owner of two empty spaces at Valley Manor Park, asked that the amendment be accepted subject to further review if necessary. He noted that there are urgent needs for people to move into the empty spaces which clearly conform to the new restrictions. Harry Allen, 849 Main Street, Edmonds, voiced con- cern about modifying spaces to meet this new code. He noted that there is considerable cost involved regarding water, sewer, pad, concrete patio and other things. He said if a park owner chooses to modify a space, he would have to clear the second space in order to create the room to meet the new code, which would impact other tenants . He added that the restriction should be changed so that there can be more than one structure per lot. He suggested that this be discussed further and pre- sented at a future time. Proud said that the ma- jority of parks will be able to be accommodated by this, although some of the old ones would have a problem. 8 August 6 , 1991 MOBILE HOME Bill Doolittle said that this would allow older PARK CODE parks built before the 1978 Mobile Home Park Code AMENDMENT went into effect to keep utilizing those spaces for similar units. He noted that without it, when spaces are vacated, owners would have fewer units and rent would have to be increased. He noted that permits required would probably be at a mini- mum, and commended the Planning Department for ad- dressing this problem since mobile home spaces for older units are scarce. There were no further comments and WHITE MOVED to close the public hearing. Orr seconded and the motion carried. WHITE MOVED that this be referred to staff and that the minor details be worked out and brought back in two weeks if possible. Harris asked for more time, and agreed to work toward a September 3 deadline. White asked staff to respond to the items people brought up tonight. Woods asked interested people to contact Planning Director Harris or Carol Proud for input as to when meetings are held. WHITE REPHRASED HIS MOTION to move that this be referred to staff and be brought back to Council on September 3 . Houser seconded. Orr voiced concern about the time con- straint for people being displaced at Longacres and suggested adopting this ordinance with the provision that the staff revisit those areas that are problems and bring it back to Council for re- vision. She noted that Council could amend this simply by passing another motion. City Attorney Lubovich pointed out that the ordinance has not been prepared yet. He added that the ordinance would not go into effect until 30 days from passage. White withdrew his motion and Houser withdrew the second. JOHNSON MOVED to accept the revisions to the Mobile Home Park Code and direct the City Attorney to prepare the necessary ordinance, with the understanding that people who have concerns about certain provisions of the proposed ordinance meet with the Planning Department and work them out and that staff bring revising language back to Council . Orr seconded. Upon comments from the audience, Woods and Harris clarified that an ordinance has not yet been pre- pared, and that the motion is to direct the City 9 August 6, 1991 MOBILE HOME Attorney to prepare an ordinance, and to direct PARK CODE Planning to meet with interested people and come AMENDMENT back with necessary amendments. Proud noted for White that as the code stands now, without the revisions, she cannot allow anyone to move into the parks. White assured the people in the audience that their concerns will be addressed. Orr agreed with White and noted that it will be a simple task to make the changes and in the meantime this will provide relief to people in need. The motion then carried. APPOINTMENTS (CONSENT CALENDAR - ITEM 3C) REMOVED AT THE REQUEST OF COUNCILMEMBER DOWELL Planning Commission Appointment. CONFIRMATION of the Mayor ' s appointment of Kent Morrill to the Kent Planning Commission replacing Willie Gregory who resigned. Dowell voiced concern regarding the appointment of a King County official, which gives the appearance of a conflict of interest . He noted also that Mr. Morrill is challenging councilmember White for a Council position, and that if he wins the election, he would have to be replaced on the Planning commission in five months. Dowell pointed out that the appointment could be viewed by citizens as political in nature rather than in the best interests of planning for the City. Dowell said he has no objection to Mr. Morrill ' s ability or experience, but objected to the timing, the potential conflict of interest, and the appearance of fairness associated with the appointment at this time. HE MOVED to refuse the confirmation. White seconded. The motion was defeated with Dowell and White in favor and Woods abstaining. DOWELL THEN MOVED for approval . Johnson seconded and the motion carried. (CONSENT CALENDAR - ITEM 3D) Board of Adjustment Appointment. CONFIRMATION of the Mayor' s reappointment of Raul Ramos to the Kent Board of Adjustment . 10 CONSENT CALENDAR 3 ./ City Council Action : r/ Councilmember 1 moves , Councilmember seconds that Consent-Calendar Items A through K be approved. Discussion �� {, �! Action a 3A� Approval of Minutes. Approval of the minutes of the regular Council meeting of September 17 , 1991 . 3B. Approval of Bills. Approval of payment of the bills received through October 1, 1991 after auditing by the Operations Committee at its meeting at 4 : 45 p.m. on October 8 , 1991 . Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for-_payroll : Date Check Number: Amount Council AgeaJ Item No. 3 A'-B Kent, Washington September 17 , 1991 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell , Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Assistant City Administrator Hansen, Finance Director McCarthy, Information Services Director Spang, and Personnel Director Olson. Parks Director Wilson was not in attendance. Approximately 30 people were at the meeting. PUBLIC Walk for Health Day. Mayor Kelleher read a COMMUNICATION proclamation declaring Saturday, September 28 , 1991, as Walk for Health Day in the City of Kent. He noted that the City of Kent has also promoted walking through the City ' s Wellness Program and City employees participate in regular scheduled walks . He encouraged people of every age, back- ground, ethnic group, and interest to take part in this community event. The Mayor presented the proclamation to Lynn Stellick. Citizenship Day/Constitution Week. Mayor Kelleher read a proclamation declaring September 17 , 1991 , as Citizenship Day and the week of September 17- 231 1991, as Constitution Week in the City of Kent. He noted that it is important that all citizens fully understand the provisions, principles, and meaning of the Constitution so they can defend it and, this week gives the opportunity for all Americans to learn about and to reflect upon the rights and privileges of citizenship and its responsibilities . The Mayor invited every citizen and institution to join in the national commemoration. Mayor Kelleher introduced Olga Zuyeva, Secretary of the Board of the Soviet Peace Fund. Ms . Zuyeva explained that she is visiting the United States and Canada at the invitation of the Rotary Clubs, and said she is honored to be present at tonight ' s meeting. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR I be approved with the exception of Item 3E which was removed by White. Houser seconded and the motion carried. 1 MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of September 3 , 1991 . STREETS (CONSENT CALENDAR - ITEM 3F) VMS (Vehicle Monitoring System) Upgrade. AUTHORIZATION for the Mayor to sign a WSDOT grant application for funding the upgrade of the Vehicle Monitoring System and to establish the budget for monies received from said grant, as recommended by the Public Works Committee and approved by IBC and Operations Committee. SHORELINE (CONSENT CALENDAR - ITEM 3C) MASTER Amendment to Kent Shoreline Master Program for PROGRAM Foster Industrial Park. ADOPTION of Resolution 1295 expressing the City ' s intention to adopt a proposed amendment to the Kent Shoreline Master Program and to forward the same to the State Department of Ecology. The City Council , at its September 3 , 1991 Council meeting, considered proposed amendments to the Kent Shoreline Master Program as recommended by the Kent Planning Commission to amend the Kent Shoreline Master Program by changing an existing conservancy shoreline environment to an urban environment for Foster Industrial Park, Lot 1S No. SMP-91-1, and further directed the City Attorney to prepare a resolution declaring its intent to adopt the amendments as proposed by the Planning Commission and to forward the same to the State Department of Ecology for review and approval . MOBILE HOME (CONSENT CALENDAR - ITEM 3D) PARK CODE Mobile Home Park Code Amendments. AUTHORIZATION AMENDMENTS to set October 1, 1991 as the date for a public hearing to consider amendments to Mobile Home Park Code. PLATS (CONSENT CALENDAR - ITEM 3G) Correction of a Recorded Plat. ADOPTION of Ordinance No. 3002 correcting the recorded plat of Walker ' s Acres, as recommended by the Public Works Committee. Short Subdivision of Walker ' s Acres was approved subject to certain conditions, some of which were to appear on the face of the plat. A plat con- forming to the conditional approval was submitted to the King County Auditor for recording, but it 2 September 17, 1991 PLATS was subsequently discovered that the plat as recorded was different from the plat as submitted. This ordinance follows the statutory procedure for correction of a plat in such circumstances . (CONSENT CALENDAR - ITEM 3H) Canterbury Final Plat No SU-89-3 AUTHORIZATION to set October 1, 1991 as the date for a public meeting to consider Canterbury Final Plat map. The property is approximately 4 . 34 acres in size and is located on 100th Avenue S .E. and north of 248th Street. (CONSENT CALENDAR - ITEM 3I) Eastwood Final Plat No SU-89-1 AUTHORIZATION to set October 1, 1991 as the date for a public meet- ing to consider Eastwood Final Plat map. The property is approximately 4 . 35 acres in size and is located on 100th Avenue S .E. and north of 248th Street. COMMUNITY (PUBLIC HEARINGS - ITEM 2B) DEVELOPMENT 1992 CommunitV Development Block Grant CDBG BLOCK GRANT Program. This public hearing will consider adop- PROGRAM ticn of the 1992 Community Development Block Grant (CBDG) Program as recommended by the City Coun- Cil ' s Planning Committee. Alice Shobe of the Planning Department listed the projects and fund- ing levels as follows : Recommended Funding Project Type Level 1. Program Planning & Administration Admin. $ 916 2 . City of Kent Housing Repair Service Program Housing Rehab 142 , 021 3 . SKCMSC Transitional/ Emergency Housing Rehabilitation* Housing Rehab 19, 000 3 September 17 , 1991 COMMUNITY Recommended DEVELOPMENT Funding BLOCK GRANT Project Type Level PROGRAM 4 . King Co. Hsg. Authority/ YWCA South King Co. Domestic Violence Project** Acquisition $ 27 , 500 5 . Kent Community Clinic Health Services Human Services 13 , 300 6 . Emergency Feeding Program of Seattle- King County Human Services 4 , 443 7 . YWCA Emergency Housing Program Human Services 18 , 000 TOTAL $225, 180 -------------------------------------------------- *If the CDBG entitlement is reduced, funding allo- cated to South King County Multi-Service Center Kent Rehabilitation Project Phase III shall be re- duced the full amount. **If the CDBG entitlement is increased, funding allocated to King County Housing Authority/YWCA South King County Domestic Violence Project shall be increased the full amount. Shobe clarified for Dowell that funding for Human Services projects is over and above the 1% allo- cated through the General Fund. The Mayor declared the public hearing open. Bonnie Winkenwerder, 25019-135th SE, thanked the Council for their continuing support of the YWCA. Arthur Lee, Executive Director of the Emergency Feeding Program, noted that his agency is a new applicant to the City and thanked the Council for their consideration. There were no further com- ments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion 4 September 17 , 1991 COMMUNITY carried. JOHNSON MOVED to approve the 1992 Commu- DEVELOPMENT nity Development Block Grant (CDBG) Program as BLOCK GRANT recommended by the Human Services Commission and PROGRAM City Council Planning Committee. Woods seconded and the motion carried. CONDITIONAL (PUBLIC HEARINGS - ITEM 2C) USE PERMIT Kent 57 Appeal. This public hearing will consider APPEAL an appeal by the Casey Group Architects of a denial made by the Hearing Examiner for a condi- tional use permit to construct a 57-unit apartment complex in a CC, Community Commercial , zoning dis- trict. Alice Shobe of the Planning Department noted that this area is located on the southeast corner of 102nd Avenue SE and SE 236th. She noted that the site is currently vacant, and pointed out that the areas north and east of the site are zoned CC, and the area to the west is zoned R- 1. 50. She noted that an apartment complex was built under MRM standards prior to the rezone in March, 1990 . She noted that the property to the south is zoned MRM, and was rezoned from CC in 1976 . She noted that the staff recommendation was for approval with conditions regarding applicable zoning regulations for multifamily development, open space, notification to the Kent School Dis- trict, and lot-line revision. She stated that the Hearing Examiner denied the conditional use appli- cation on April 17 , 1991 , and that a request for reconsideration was filed on May 1, 1991 . The Mayor opened the public hearing. Robert Bryan of Sylvester, Ruud, Petrie & Cruzen, 3916-42nd Avenue SW, Seattle, attorney representing the owners, noted that when the original conditional use permit was denied, the Hearing Examiner sug- gested that if four specific areas were addressed, the application would be reconsidered. He said the Casey Group did address those issues but that the Hearing Examiner subsequently denied it. He noted that the particular zone that this property is in was not rezoned during area housing studies , indicating that the Council did not intend to limit the development of this property. He stated that he feels the proposed project is the best use of this property and that a similar opinion was stated by the Planning Department in their report to the Hearing Examiner. 5 September 17 , 1991 CONDITIONAL Bryan displayed a copy of the original site plan USE PERMIT which consisted of 6 three-bedroom apartments, 30 APPEAL two-bedroom apartments and 21 one-bedroom apart- ments. He identified the four areas which the Hearing Examiner wanted addressed as follows: 1) Contiguous green area not met; 2) Project should include more one-bedroom units because multi-bedroom units would result in more children and more noise; 3) Impact on schools ; 4) Pedes- trian and road improvements necessary to accommo- date the project. He noted that a reconsideration was requested based on a new plan which contains 53 units. He explained that the project now is bordered by the parking area which creates a buffer zone and addresses the issues of traffic and noise. He said that the project now includes 28 one-bedroom units, 25 two-bedroom units and no three-bedroom units, and that there is a concen- tration of green area in the middle of the pro- ject. Bryan pointed out on the map that this location is between commercial areas and multi- family areas. He said he felt the permit should have been approved after the revisions were made to the project. He said that the negative aspect identified after reconsideration was the addition- al children in the schools , and pointed out that the superintendent had submitted a letter indicat- ing that an estimated total of 13 children would be added to Kent schools with this project, and suggesting that the Council consider impact fees. Bryan noted that the developer does not object to reasonable impact fees. He also said that the traffic flow would be improved because 236th and 102nd would be extended. He added that there would be 100 parking spaces for 53 units , which exceeds the City' s requirements. He also noted that traffic impact would be less with residential development and that because of the location of the property, a business would not have signage rights on the major arterials. He stated that compatible use is the only issue, and asked the Council to reverse the Hearing Examiner ' s decision and grant the conditional use permit. George Thiel , 23830-102nd Avenue SE, President and Manager of a condominium complex south of the pro- posed unit, said he represents 24 owners in his complex and 28 owners in a complex south of his . 6 September 17 , 1991. CONDITIONAL He said he feels the impact to Kent schools would USE PERMIT be greater than 13 , and that in addition to noise, APPEAL traffic has increased a great deal since a 96-unit complex was built across the street. He said that with a commercial development, traffic would be limited to business hours and that opening the streets from 236th to 104th will create additional traffic problems . He urged the Council not to approve this project. There were no further comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. JOHNSON MOVED to remand this matter to the Hearing Examiner with a restriction that he direct his review exclusively to the issue of whether or not the proposed appli- cation meets the criteria for a conditional use permit in a CC zone. Woods seconded. Upon White ' s question, Lubovich voiced concern about whether the Hearing Examiner can determine what type of unit to be built. He also noted that the issue of whether this project is compatible with other uses in the area, which was the basis for denial, was not addressed. Mayor Kelleher directed Lubovich to review the Fair Housing Equal Opportunity Amendments Act of 1988 and other recently adopted fair housing legislation in regard to discrimination on the basis of family size or type, and report his findings to him, the Council and the Hearing Examiner. Johnson stated that he would like the school district to let the Council know if they are opposed to a particular project and reasons why. Dowell noted that the Council should try to determine whether the Hearing Examiner erred in this case. He said he feels the appeal should be approved. Mann pointed out that the Council has voted to reduce multi- family housing on East Hill , and that drainage problems have not been addressed. The motion then carried with Dowell and Mann voting nay. MULTIFAMILY (PUBLIC HEARINGS - ITEM 2D) DESIGN Multifamily Design Review. This public hearing REVIEW will consider the Multifamily Design Review Re- port as recommended by the Planning Committee and the Planning Commission. This report outlines a recommended design review process and criteria to 7 September 17 , 1991 MULTIFAMILY be applied in reviewing proposals for multifamily DESIGN development. Janet Shull of the Planning Depart- REVIEW ment noted that the Planning Commission is inter- ested in design review as a method of addressing some of the impacts that multifamily development may have in the community. She noted that staff researched other cities who currently have a design review process . She explained that design review applies to any proposed multifamily project of three or more units , unless the development is proposed in a mixed use building where multifamily is not located on the ground floor. She noted that the process would take place within the framework of the existing permit review process . She added that a handbook would be prepared out- lining site design, landscape design, and building design. Shull explained the recommended actions as follows : I . Direct Planning Department Staff to amend the Zoning Code for an administrative design review process for multifamily development, consistent with option C1 as presented on page 16 of the Multifamily Design Review report. II . Direct Planning Department staff to develop an illustrated Multifamilv Design Review Guidelines Handbook. III . Determine appropriate fees for design review as part of the fee structure review being under- taken by Administration. IV. Strongly recommend that at least . 25 full time equivalent be added to the Planning Department upon adoption of this Multifamily Design Review. V. Direct the Planning Commission to review the Administrative Design Review process and Multi- family Design Review Guidelines Handbook at least once every three years with the first review to be conducted within twelve months of the implementa- tion of the process. Upon a comment from White, Shull agreed that the words "colors" and "materials" could be omitted from Chapter 1 , Elements , since that section is a definition of what design review can be. 8 September 17 , 1991 MULTIFAMILY Linda Martinez , Vice-Chair of the Planning DESIGN Commission, noted that the plan recommended is a REVIEW workable, effective means of achieving a better community for all residents. She said that the process allows enough flexibility that creative and pleasing projects can be built, that it gives developers a fixed, known process, and that it gives the City the ability to influence how multifamily development relates to the rest of the City. She added that staffing is crucial . The Mayor declared the public hearing open. There were no comments from the audience and DOWELL MOVED to close the public hearing. Mann seconded and the motion carried. Shull clarified for White that adding design review to the existing permit process would add one additional informal meeting with staff. She said the entire process usually takes three to four months, and this would add from one to three weeks. She also explained for White that one option to adding the . 25 position would be to look at the department workload and make adjustments. WOODS MOVED to accept the Planning Commission ' s recommendations of approval of the Multifamily Design Review No. ZCA-90-5 , and to direct the City Attorney to prepare the necessary ordinance. Woods commended the staff and Planning Commission for their work on this issue. Planning Manager Satterstrom noted for Orr that the fees generated could be used to offset the cost of staff time. He noted that staff is proposing that review of the design review fee be part of a fee ordinance. Orr noted that she supports the proposal but is concerned about not having staff to handle it. Houser voiced concern about adding staff, and about not knowing what the fee structure would be. Harris noted that the Planning Department is being asked to cut a significant amount of money from their budget, which will affect programs, and said they need to show the Council what is being done now, what the demands on time are now, and what programs would have to be deleted or adjusted to allow time for design review. Upon Dowell ' s ques- tion, Woods stated that White ' s comments regarding colors and materials had been received in a friendly fashion and that there was no need to in- clude them in the motion. Orr agreed. The Mayor 9 September 17 , 1991 MULTIFAMILY clarified for Dowell that Council ' s direction to DESIGN staff would be to look for ways to staff the . 25 REVIEW position within the department. White offered a friendly amendment to delete Action Item IV regarding the . 25 full time position. Woods did not accept the suggestion as a friendly amendment. WHITE MOVED to amend the motion, deleting Item IV. Johnson seconded. The motion to amend carried with Dowell , Johnson, Mann and White in favor and Houser, Orr and Woods opposed. The motion to adopt the Planning Commission ' s recommendations of approval of the Multifamily Design Review, exclud- ing Item IV, and directing the City Attorney to prepare the necessary ordinance then carried. MANAGEMENT (CONSENT CALENDAR - ITEM 3E) STUDY REMOVED AT THE REQUEST OF COUNCILMEMBER WHITE Drinking Driver Task Force. ADOPTION of Ordinance No. 3001 establishing the Drinking Driver Task Force. The recent Warner Group Management Study recom- mended that the City ' s Drinking Driver Task Force report to the Kent Police Department. Since the Task Force is governed by a board consisting of both City officials and citizen members, it was recommended by the City Attorney ' s Office that an ordinance be drafted formally establishing the Task Force setting forth procedures for appoint- ment of Task Force members and administrative staff, and providing that the Drinking Driver Task Force staff report to the Chief of Police for administrative purposes . The City Council is asked to pass the proposed ordinance implementing these recommendations. White noted that the Task: Force has been very successful , in part because of community partici- pation. He voiced concern that it is now being limited to eleven members appointed by the Mayor and confirmed by the Council . He said that would limit citizen participation and open the way for political appointments . The Mayor noted that his intent would be to appoint the people who present- ly serve on the Task Force, and that he had pre- pared a memo to that effect . White pointed out that the people being appointed are presently com- mittee chairs, and there is no involvement for 10 September 17 , 1991 MANAGEMENT anyone on the committee. Dowell asked whether the STUDY intent of this action is to reduce the size of the Task Force. Lynda Anderson, Coordinator of the Drinking Driver Task Force, noted that the ordinance was designed to reflect the participa- tion in the Task Force. She pointed out that the Steering Committee has been roughly eleven people, and that the individuals who are currently serving are people who have been very active and shown a long-term volunteer interest, as well as people who are professionally involved in the field of traffic safety. , Lubovich explained that the ordinance serves to formalize the Drinking Driver Task Force and to implement a portion of the Warner Group Study which recommends that the Task Force report to the Police Department. HOUSER MOVED for the adoption of Ordinance 3001 establishing the Drinking Driver Task Force. Mann seconded. Houser pointed out that although many volunteers contribute to the Task Force, the members of the Steering Committee set the param- eters and keep the programs going. She said there is a need for an ordinance legalizing the Task Force and placing it under the Police Department. White pointed out that the Task Force was pre- viously in the Police Department without an ordi- nance, and that it was moved to Administration. He agreed that it should be under the Police Department, but felt an ordinance is not neces- sary. Lubovich clarified that the Task Force has not been operating illegally, and that although an ordinance is not required, the idea was to effec- tuate a formal transfer and to set up a procedure for making appointments. Dowell pointed out that the Public Safety Committee has not been involved in this matter, and that only the Operations Com- mittee has had an opportunity to study it. The motion then carried with Dowell voting nay. BUDGET (PUBLIC HEARINGS - ITEM 2A) 1992 Budget_ Tonight ' s meeting has been set to receive final public input prior to preparation of the 1992 preliminary budget to be presented on October 15 . At the Council workshop prior to the 11 September 17 , 1991 BUDGET meeting, the Council received a preview of the Mayor ' s proposal to balance the budget. Finance Director McCarthy noted that there have been continuing downturns in the local economy and that the budget is approximately $5 . 9 million out of balance. He explained the balancing proposal as follows: Reducing the General Fund Contin- $2 , 300 , 000 gency to $500, 000 after adding approximately $800 , 000 for Utility Tax Accrual Using Unemployment and CIP Transfers 1, 075 , 851 Increasing Departmental Revenues 514 , 000 Cutting Departmental Budget except 867 , 646 positions (one time only, 30% Professional Development, extending vehicle lives, department proposed cuts) Establishing a salary credit to be 1, 177 , 116 allocated to Departmental Budgets to be offset with vacant positions _ 55 934 , 483 The Mayor declared the public hearing open. Upon a question from Bill Doolittle, 412 N. Washington, the Mayor explained that the City Attorney has been asked to negotiate an extension of the City' s pullout from Aukeen Court and therefore funding for a municipal court is being deferred for one year. Doolittle pointed out that there is no dollar amount attached to Item CW 13 , Eliminate Manage- ment Benefits and Non-Public Safety Overtime. In regard to CW20, Utilize Cuts Proposed by Depart- ments, he noted that the Parks Department has several human services programs such as the Special Populations Resource Center, which already operate on limited funds , and expressed hope that they are not included in the budget cuts. 12 September 17 , 1991 BUDGET There were no further comments from the audience and WOODS MOVED to close the public hearing. Houser seconded and the motion carried. Mayor Kelleher noted that there will be further public hearings on the 1992 budget. FINANCE Approval of Bills. Approval of payment of the bills received through September 16 , 1991 after auditing by the Operations Committee at its meet- ing at 4 : 45 p.m. on September 24 , 1991 . Approval of checks issued for vouchers : Date Check Numbers Amount 9/1-9/16/91 109418-109886 $2 , 590, 246 . 39 Approval of checks issued for payroll : Date Check Numbers Amount 9/20/91 01161001-01161709 $ 630 , 606 . 05 REPORTS Planning Committee. Johnson noted that two items concerning regional issues will soon come before the Council . The first item deals with full time staffing for the Suburban Cities Association, and the second with taking a position on the King County-Metro merger. Public Safety Committee. Mann announced that the Public Safety Committee will meet on Thursday, September 19th at 1 : 00 p.m. , and will be discus- sing a comprehensive bike policy. He noted that there will be several outside speakers and invited anyone interested to attend. Administration Reports. Lubovich drew the Coun- cil ' s attention to an opinion enclosed in the packet regarding campaign signs on public rights- of-way. ADJOURNMENT The meeting was adjourned at 9 : 00 p.m. Brenda Jacober, MC Deputy City Cle k 13 Kent City Council Meeting Date October 1 , 1991 Category Consent Calendar 1. SUBJECT: IMPERIAL LANE SHORT PI-AT 2 . SUMMARY STATEMENT: Acceptance of the bill of sale submitted by Imperial Builders, Inc. for continuous operation and maintenance of approximately 240 feet of sanitary sewer constructed in the vicinity of S . E. 248th Street and 108th Avenue S . E. for the Imperial Line Short Plat and release of cash bond after expiration of the one-year maintenance period. 3 . EXHIBITS: vicinity map 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3C �( TY MAP I ,] ....7-' �/7 ___ ly f 1II 11• _._.. I II Sf .ice� .. r ;y�y' �•'rr '.'_.,I TS' 1 -S( I it ate_.rl ^ r� ci KEN . 7 ! 1 ST — b .� . u�4 . 4 —� ....�... ......� .... .... . ..... . .... ......Vj .. . ..\..:��..... ........ .... ............ ... ........ ' I L Co f f I TE o -21 .. ......... ... ........ . . . .. .... ;. . ... . ...... . ... ..... .. ...... ....... ;07- �F-- •it '25?.T S T a a z j z IMPERIAL LANE :ncoi I -TT $ { = _ SHORT PLAT K E N T `.R 1TR�lfTN S T Kent City Council Meeting Date October 1 , 1991 Category Consent Calendar i 1. SUBJECT: LEBLANC GARDENS 2 . SUMMARY STATEMENT: Acceptance of the bill of sale submitted by Schneider Homes, Inc. for continuous operation and maintenance of approximately 1, 130 feet of water main extension, 1, 091 feet of sanitary sewer extension, 420 of street improve- ments and 567 feet of storm sewer improvements, constructed in the vicinity of S . E. 232nd and 100th Avenue South and 112th Ave. S.E. for the LeBlanc Gardens project and release of cash bond after expiration of the one-year maintenance period. 3 . EXHIBITS: vicinity map 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Conmission, 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. 3DA G 1 Y •��5E;j2177H S? I. LSE 2167H ST I 5E 216TH216T�H PE ��—�' F � SE 219TH Pl. wl � SE 220TH RVE SCALE : I = 1 /4 MI. r SE 22380 STFT a —' J 225TH ST a �5 5E 2 5 2261N r SE 227TH PL SE 232Nd. ST P�- IVL 2281 H �--'-- IJ ! � SE ORCH,9R0 ERIOi R,Y �� EL Ely. i11 �f� > SCHOOL z t SE 23151 P PFIHi( <v �y 5T ^� Sao YgpSZS4 S �� x llg-4TH ST 4 N SE '234TH ST n scHao� _sE ,I 231T InLl �' 5E 236�.1 ST ' I Si 175� li � �v �. N c- 2")TH S T 1 z '' 1 44TH 245TH r w G 14�� e a 5E-tl Tt, " LEBLANC GARDENS w I ..F PS 2 'P H ST P�— -- w 0- N d ' `� T Kent City Council Meeting Date October 1 , 1991 Category Consent Calendar 1. SUBJECT: 102ND AVENUE APARTMENTS 2 . SUMMARY STATEMENT: Acceptance of the bill of sale submitted by Larry L. Bramhall , DBA 102nd Avenue Apartments for continuous and maintenance of approximately 916 feet of water main extension, 420 feet of street improvements and 28 feet of storm sewer improvements constructed in the vicinity of S .E. 236th and 102nd Avenue S . E. for the 102nd Avenue Apartments project and release of cash bond after expiration of the one-year maintenance period. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO >� YES_ FISCAL/PERSONNEL NOTE: Recommended Not Recommended_ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• _ ACTION: _ Council Agenda Item No. 3E .. .. ..... n.L.�.!•w4+.J"9::,''.tVtiaT�'i..N'.C"S.�`-��ll LSaCeYi. w � A.^:.'h"t:�i f.�'U'..ati".n� t �..k .'a._, d t� .c .:!Aro . . - d o 1 E Yk 2 102ND AVENUE APARTMENTS Kent City Council Meeting Date October 1 , 1991 Category Consent Calendar 1. SUBJECT: EAST HILL CARRIAGE AND ANTIQUE MALL 2 . SUMMARY STATEMENT: Acceptance of the bill of sale submitted by Metropolitan Federal Savings and Loan Association for continuous operation and maintenance of approximately 218 feet of sanitary sewer constructed in the vicinity of 101st Avenue S.E. and South 260th Street for East Hill Carriage and Antique Mall. 3 . EXHIBITS: vicinity map 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X 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. 3F 1if , f r. W a �9 -a;�• `� w 5E 25157 51 l_ 5 252 ST rr• " 'L"HlJPUS f 7 N d) W 1N �3 CO♦ � ni m Sl �� 1n I •lP �' H H ERST SE 256TM Si l� 5§ 2567n Si -J D �J 9 ag��6 x AAArAAAZs'.' V ^I x 5F zs5?M s '9RK t Ir SE 260?tf 5T 259in EtY.(C H1w14 — cyx3�CyVd� 9w51 *•n w CY � sy x,s`4t�v F9 y{„ �L, i' y t ,:..i � � � . d'' P"� °� �'` t {" K..�yt 2 ,5'•� ,a x"� ��,rc.-Ce.Sh��cTHlt� ✓9q .yj � v.. w 4,�' %��. Eli...,. { �. �P � S.r. �A�rM. a F � .y 'e > }i'-4"� fie♦ tr rta' �i T 0:�i,a � � ; ,. '" �- 7�tfv�' A�' f s �s'{#�=7- `" >: /l�ri�1"'J`G�'. OL *r r 'l w __•p,�.y�R * ,,�� � W d y r. ' ,SE 25 n -- II IF 1. E 'S_ 2715' Ci IN- -Jl L12 4� —5��.=— F� , IJ._JIL.._r r I� I;�, i I 275Tj� Sc— I� H�— II st 276T,. � � 22e111 a 277iH P "r' � I I I! EAST HILL CARRIAGE — & ANTIQUE MALL P II:t i zse�rl 'I — i Kent City Council Meeting Date October 1 , 1991 Category Consent Calendar 1. SUBJECT: DOVER COURT STORM DRAINAGE OUTFALL 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, adoption of Ordinance .? ('U'� authorizing condemnation for right-of-way in order to proceed with the storm drainage outfall project for the Dover Court area. 3 . EXHIBITS: Ordinance, excerpt from the Public Works Committee minutes and vicinity map 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT_ NO YES_ FISCAL/PERSONNEL NOTE: Recommended Not Recommended_ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Age da Item No. 3G i i I it I jI I ORDINANCE NO. j AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of a j permanent easement for storm drainage purposes over certain property in order to improve, alter, install , operate and maintain a storm drainage system mainly located in the area of j the Cambridge East Subdivision; providing for 'I the payment thereof from the City's Miscellaneous Storm Drainage Improvement Fund; and providing for the condemnation of such property rights as necessary therefor; all of said properties located within King County, Washington. l THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS j FOLLOWS : I Section 1 . The City of Kent ("City" ) authorizes the j acquisition by condemnation of two parcels of real property, �I Parcel Nos. 145701 and 147231, all located in King County, Washington and legally described in Exhibits A through B, which iiare attached hereto and incorporated herein by this reference j j' (hereinafter, the "Properties" ) . i Section 2 . The public convenience, use and necessity fdemand that the City condemn the Properties in order to acquire an'! easement for storm drainage purposes , which purposes shall includei, all acts necessary or that may, from time to time, become necessary to complete the improvement, alteration, installation, operation and maintenance of said storm drainage system. I I I i ij j Section 3 . The City shall condemn the Properties only after just compensation has first been made or paid into court for , ! the owner or owners in the manner prescribed by law. Section 4 . The City shall pay for the entire cost of the acquisition by condemnation provided for in this Ordinance through ': the City's Miscellaneous Storm Drainage Improvement Fund, or from any of the City's general funds, if necessary, as may be provided by law. ! Section 5 . The City authorizes and directs the City Attorney to commence those proceedings provided by law that are necessary to condemn the Properties . In conducting the ( condemnation proceedings, the City authorizes the City Attorney to ; enter into stipulations in order to minimize damages, which ( stipulations may include, but not be limited to, size and ;; dimensions of the Property condemned, construction easements and i '; other property interests . Section 6 . Effective Date . This ordinance shall take ;, effect and be in force thirty ( 30) days from and after its 1 passage, approval and publication as provided by law. i ;j DAN KELLEHER, MAYOR I ( ATTEST: I � i i BRENDA JACOBER, DEPUTY CITY CLERK II - 2 - i EXHIBIT A TO ORDINANCE NO. Parcel No 145701. That portion of Lot 33 Cambridge East Division #1 as recorded in Volume 100 of plats, page 90 in King County, Washington described as follows: A strip of land 10. 00 feet in width in which the centerline of said strip begins on the southerly line of said lot at a point 1.97 feet westerly of said lot' s easterly corner being the True Point of Beginning of centerline herein described; thence North 09 °04111" West a distance of 107. 38 feet to a point on the northerly line of said lot being the terminus of said 10. 00 foot strip. Containing 1009 . 80 square feet. EXHIBIT B TO ORDINANCE NO. Parcel No. 147231. That portion of Lot 26 Cambridge East Division #3 as recorded in Volume 109 of plats, pages 74 and 75 in King County, Washington. A strip of land 10. 00 feet in width in which the centerline of said strip begins at a point on the northeasterly line of said lot which point lies a distance of 62 . 58 feet southeasterly from the most northerly corner of said lot being the True Point of Beginning of said strip; thence South 9004111" East a distance of 63 .25 feet to a point on the southerly line of said lot and the terminus of said centerline. Containing 632 . 54 square feet. Public Works Committee September 17, 1991 Page 6 was an inquiry as to how the boundary of this annexation was developed. Wickstrom indicated that the Public Works Department looked at what would be a reasonable boundary to consider without splitting properties. Dowell asked about the status of the 272nd/277th corridor and whether the Council will be hearing some discussion on it soon. Wickstrom explained that the EIS has to be completed and any appeal process finalized before it can be brought before Council. Wickstrom stated that the traffic modeling has been completed and the draft EIS should be completed in approximately three months. A member of the audience indicated that the corridor would definitely be an informational issue that those impacted by this annexation will want to know about. Leona Orr moved that the Public Works Committee recommend proceeding with the East Hill annexation with the boundary modification as recommended by the Public Works Director and subject to the City' s existing indebtedness . The Committee unanimously agreed. Jim White asked Roger Lubovich his opinion about what Council can or can not hear on the corridor project. Roger Lubovich indicated that his predecessor had issued an opinion that no Council member could communicate with residents in the community regarding the corridor because of the SEPA process. He continued that he will be reviewing that opinion in that it is his understanding that case law indicates that only at such time as there is an appeal pending should this communication be restricted. He stressed the case isn 't real clear so he wants to look at it again and provide the Council an opinion at the next Committee meeting. Authorization for Condemnation - Dover Court Storm Drainage Wickstrom explained that we have a project designed to reroute the drainage system in the Dover Court area to relieve an erosion problem. We have been unable to obtain two of the necessary easements in order to proceed with the project. Wickstrom explained that we will continue to negotiate with the property owners but are requesting authorization to condemn if negotiations are not successful . The Committee unanimously recommended approval. Authorization for Condemnation - LID 3.38 - Westview Terrace Wickstrom explained that we have been unsuccessful in obtaining an easement on one parcel in order to proceed with this sewer LID. We would like authorization to proceed with condemnation if we DEPARTMENT OF PUBLIC WORKS September 12, 1991 TO: Public Works Committee FROM: Don Wickstrom )�A; RE: Authorization for Condemnation - Dover Court storm Drainage The Public Works Department is designing a storm drainage outfall system for the Dover Court area which is intended to relieve a hillside erosion problem. We have been unsuccessful in securing the necessary storm drainage easements for the two properties delineated on your attached map. We are continuing to negotiate with the property owner but in order to proceed with the project, we are requesting authorization to proceed with condemnation if those negotiations continue to prove unproductive. � \ � AVvV AvA\VQV\\V 1VA ZF a' v - i ( 1V� � �. `V i m ;•.avwv n � 4 I � m S 263 R D ST i f-- —— --�, m __nn U Ej C7 F 4�� � 1 ��� c�L� C� �� ,v,yi�aglwvl\vv,�I'I�d, o _ ❑ � - -_�'v KENT CT' FUT R 1 � SOMER CT CD AMP,AS/(,C _ �. �ii1q, ` \�' G� vA�V�v1�V1V WAY CD > C/? �.it �I E-1 I (U �Z � J \� \ I o f vA;d'� v rl CITI J>fTlco C �r nl. (�_ �, �C7 V�1 v1,y V V �• o lCJi` II1\ \ , 1 � VI L\ � �M � _. (�'J \�lt� �`�� / �i�✓ /%/ l ll,i it \ , \1,1\ m0 I o��li,liv I,�, i, v n ___-e y IT1 war \- ��(•• v i!11 \'!\\• Kent City Council Meeting Date October 1, 1991 Category Consent Calendar 1. SUBJECT: TOWING AND IMPOUND OF VEHICLES 2 . SUMMARY STATEMENT: Adoption of Ordinance ?0(' d setting out procedures as to when a vehicle may be impounded without prior notice, with notice, and how the impound is to occur. Cars will be towed when abandoned. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety and Kent Police Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT_ NO X 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. 3H i i ORDINANCE NO. - i i AN ORDINANCE of the City of Kent, Washington, relating to the towing and impoundment of vehicles, authorizing local impound situations upon the public right-of- way or other publicly controlled property, establishing a written form of the City' s authority to impound, and directing the adherence by towing operators of all other procedures related to towing, impound, storage, redemption and sale of impound vehicles as set forth in Chapter 46. 55 RCW. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY ; ORDAINS AS FOLLOWS: Section 1. Title and Purpose. This ordinance shall be 'Iknown and cited as the Kent Towing Ordinance. The purpose of this ordinance is to set forth certain situations in which unauthorized or illegally parked vehicles shall be towed and impounded. This ordinance shall supplement the authority granted to police officers ; under Chapter 46. 55 of the Revised Code of Washington (RCW) . i I Section 2 . Definitions. The definitions set forth in ; this section will apply throughout this ordinance: A. "Abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and held in the ; operator' s possession for ninety-six consecutive hours. I I� i I i� I� i i I � jI � B. "Impound" means the removal of a vehicle to a i Storage facility upon the direction of either a public officer or authorized agent of the Kent Police Department or by a contractor for towing and storage in response to a request from a public lofficer or authorized agent of the Kent Police Department. I C. "Vehicle" shall mean every device capable of being moved upon a street or alley and in, upon, or by which any person or property is or may be transported or drawn upon a street or , alley excepting devices moved exclusively by human or animal power ,ior used exclusively upon stationary tracks or rails . i! Section 2 . When a Vehicle May be Impounded Without Prior ! Notice. A vehicle may be impounded with or without citation and without giving prior notice to its owner as required in Section 5 lof this ordinance only under the following circumstances: A. When the vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic, or whenever a ' police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46 . 61 . 560 (or as it may ; be hereafter amended) , the officer may provide for the removal of the vehicle or require the driver or other person in charge of the ': vehicle to move the vehicle to a position off the roadway; or ,I B. When the vehicle is illegally occupying a tow-away zone, fire lane, loading zone, bus, hooded-meter, taxi, or other [ similar zone, where, by order of the Director of Public Works, or Chiefs of Police or Fire, parking is limited to designated classes I Hof vehicles or is prohibited during certain hours, on designated I days or at all times, and where such vehicle is interfering with lthe proper and intended use of such zones ; or I it 2 �I i �I l II I I i I C. When the vehicle poses an immediate danger to the public safety; or II I D. Whenever a police officer finds an unattended !, vehicle at the scene of an accident or when the driver of a vehicle Ilinvolved in an accident is physically or mentally incapable, or too !I ;! intoxicated, to decide upon steps to be taken to protect his or her ;; property; or t I I� E. Whenever the driver of a vehicle is arrested and 1taken into custody by a police officer, and the driver, because of ,! intoxication or otherwise, is mentally incapable of deciding upon steps to be taken to safeguard his or her property; or it I F. Whenever a police officer discovers a vehicle that ':' the officer determines to be a stolen vehicle; or i j G. Whenever a police officer has probable cause to believe that the vehicle constitutes evidence of a crime or ;; contains evidence of a crime, if impoundment is reasonably I I;' necessary in such instance to obtain or preserve such evidence; or !i i I H. Whenever a vehicle without a special license plate, ; card, or decal indicating that the vehicle is being used to �I transport a disabled person pursuant to RCW 46. 16. 381, is parked in 'i ja stall or space clearly and conspicuously marked under RCW i 46. 61. 381 which space is provided on private property without I charge or on public property; or i it I 3 I f 1 i I. Whenever a police officer directs impoundment pursuant to a court order; or I i J. When the unauthorized vehicle is parked on private , residential property, and the owner or his/her designee authorizes ;fits removal in writing; or I K. When the unauthorized vehicle is parked on private, i! nonresidential property, which has been properly posted pursuant to RCW 46. 55 . 070. L. Nothing in this section may derogate from the powers of police officers under the common law. Nothing in this section , shall be construed to authorize seizure of a vehicle without a , warrant where a warrant would otherwise be required. Section 3 . When a Vehicle May be Impounded After Notice. A vehicle not subject to impoundment under Section 2 of this ordinance may be impounded after notice of such proposed impoundment has been securely attached to and conspicuously ; displayed on the vehicle for a period of twenty-four (24) hours ,', prior to such impoundment, for the following reasons: A. When such vehicle is parked and/or used in violation ., of any law, ordinance or regulation; or B. When such vehicle is so mechanically defective as to be unsafe for operation; provided, however, that this section shall not be construed to prevent the operation of any such defective ), vehicle to a place for correction of the equipment defect in the lmanner directed by any police officer; or l 4 it i I i i i I �I I �I I C. When such vehicle has been abandoned or left unattended on a highway and tagged as described in RCW 46. 55. 085; or I D. When such vehicle has been parked or stored on private, nonresidential property, which property has not been Ilposted in the manner described in RCW 46. 55. 070. Section 4 . How Impoundment is to be Effected. A. When impoundment is authorized by this ordinance, a j vehicle may be impounded either by an officer, an authorized agent of the Police Department, other public official with jurisdiction, for by a contractor for towing and storage acting at the request of such officer or official . I II B. The officer, authorized agent of the Police Department or public official of the City requesting the impound shall provide a signed authorization for the impound at the time ! and place of the impound to the registered tow truck operator ( before the operator may proceed with the impound. I �j Section 5. Owner of Impounded Vehicle to be Notified. i At the time of impoundment, the towing operator shall ;''; notify the vehicle ' s owner and the Police Department, all as i !! provided in Chapter 46. 55 RCW. I II Section 6. Redemption Abandonment and Sale of Impounded ( Vehicles. Vehicles impounded by the towing operator shall be I ' redeemed or sold as set forth in Chapter 46 . 55 RCW. !I I i �! 5 �i I II II III Section 7 . violations Constituting Abandoning Evidence -- Penalty. A. No person shall wilfully leave an abandoned vehicle on private property for more than twenty-four (24) hours without i the permission of the person having the right to possession of the property, or a wrecked, dismantled or inoperative vehicle or lautomobile hulk on a street, alley or way open to the public for twenty-four (24) hours or longer without notification to the Chief of Police of the reasons for leaving the motor vehicle in such a ( place. Any such vehicle or hulk may be cited, towed and impounded H, as provided for in this ordinance. For the purposes of this i ; section, the fact that a motor vehicle has been so left without ipermission or notification is prima facie evidence of abandonment. j i B. Any person found to have abandoned a vehicle or hulk shall, in addition to any penalty imposed, also be assessed any ii costs incurred by the City in towing or disposing of such abandoned . vehicles or hulks, less any monies accruing to the City from such disposal . Section 8 . Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, section or portion of this ordinance, or the invalidity of the application thereof to 'i any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to i other persons or circumstances. I j .I ii it 6 I I I I i i � I I I� I i Section 9 . Effective Date. This ordinance shall take I effect thirty (30) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR 'I ATTEST: BRENDA JACOBER, DEPUTY CITY CLERK I i I Ij � i11APPROVED AS TO FORM: ! i :iROGER A. LUBOVICH, CITY ATTORNEY ; PASSED the day of , 1991. ' APPROVED the day of 1991. PUBLISHED the day of 1991. �i jI hereby certify that this is a true and correct copy of j Ordinance No. passed by the City Council of the City of ; Kent, Washington, and approved by the Mayor of the City of Kent as j hereon indicated. (SEAL) BRENDA JACOBER, DEPUTY CITY CLERK j; towing.ord ii I II 7 I I, Kent City Council Meeting Date October 1 , 1991 Category Consent Calendar 1. SUBJECT: EXPANSION OF PARKING ENFORCEMENT AIDE DUTIES 2 . SUMMARY STATEMENT: Adoption of Ordinance allowing the Parking Enforcement Aide to cite and authorizing the towing of illegally parked vehicles . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Police Staff and Public Safety Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X 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. 3I4 it i i i I i I II i i if ORDINANCE NO. j� AN ORDINANCE of the City of Kent, Washington, amending Ordinance 2045 to expand the powers and duties of the Parking Enforcement Aide to include the jl necessary ability to authorize towing of vehicles. WHEREAS, the City of Kent has adopted an ordinance relating to towing of vehicles, setting forth the circumstances lin which vehicles parked in violation of its provisions shall be towed (Ordinance No. ) ; and ii WHEREAS, the ordinance allows certain City officials, j officers, or employees to authorize the towing of vehicles under those limited situations; and i WHEREAS, the duties and powers of the Parking Enforcement Aide, as set forth in Ordinance 2045 do not include lithe ability to authorize the towing of vehicles parked in ii violation of the City' s parking regulations; NOW, THEREFORE, i THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, +! HEREBY ORDAINS AS FOLLOWS: I Section 1. Section 4 (Kent City Code Section 4 . 23 . 040) i •, of Ordinance 2045 is hereby amended to read as follows: i l it 4 ij i !i i Section 4 . DUTIES. The duties of the Parking Enforcement Aide shall include patrolling assigned areas of the City to detect violation of the City' s parking regulations, to issue citations to violators parking regulations and authorize towing of vehicles parked in violation of parking regulations, to appear in court to testify when so required, and to perform related work as assigned. •I !; Section 2 . Section 5 (KCC Section 4 . 23 . 050) of ( Ordinance 2045 is hereby amended to read as follows: Section 5 . POWERS . The Parking Enforcement Aide shall not have the power of arrest, but shall have authority to issue and serve citations and complaints for violation of ii City parking regulations; provided, that a copy of any such complaint shall be filed with the Clerk of the Court of Traffic Violations Bureau within forty-eight hours after its issuance. In addition, the Parking Enforcement Aide shall have the ability to authorize the towing of vehicles parked in violation of parking regulations. Section 3 . Effective Date. This ordinance shall take , effect thirty (30) days from and after its passage, approval and , publication as provided by law. DAN KELLEHER, MAYOR ii i II ;I i 2 i .i iI I Kent City Council Meeting Date October 1 , 1991 Category Consent Calendar 1. SUBJECT: CANYON DRIVE - CHANGE OF SPEED LIMIT 2 . SUMMARY STATEMENT: Adoption of Ordinance reducing the speed limit on Canyon Drive from 40 mph to 30 mph because of construction between Hazel Avenue South and 94th Avenue South. 4-(% 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Works Staff (Committee, Staff, Examiner. , Commission, etc. ) Note - to be considered by the Public Works Committee, October 1, 1992 . 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X 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)� ii i I i. ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to speed limits, amending Kent City Code Chapter 10. 08 relating to Canyon Drive (SR 516) (0. 2163 , §5 ; 0 . 2265, §2 ; 0 . 2405, §1 ; 0 . 2821, §1 ; 0 . 2845 , §1) WHEREAS, the City of Kent and the Washington State � Department of Transportation (WSDOT) have previously set the i ! maximum speed limit on the Canyon Drive (SR 516) from the Ii lintersection Hazel Avenue to the intersection of 100 Avenue S.E. Ito be 40 miles per hour, (Kent City Code [KCC] 10 . 08 . 081) ; and i j WHEREAS , The City is now engaged in construction and ! improvement of a portion of the Canyon Drive (SR 516) between ' Hazel Avenue S . and 94 Avenue S . , an area covered by the above , speed limit; and WHEREAS , as a result of the construction, conditions have ' been created on the roadway warranting a reduction in the speed 'llimit from 40 miles per hour to 30 miles per hour for safe and :; reasonable vehicular operation ; and j WHEREAS, restoration of the original speed limit is !: contemplated after the completion of construction and installation of traffic control devices, or in approximately three month's time; and ii WHEREAS, RCW 47 . 48 . 010 authorizes the governing body of a ! i1city to declare a lower maximum speed limit during periods of : improvement and construction on city streets; and I I i li j WHEREAS, this portion of the Canyon Drive (SR 516) satisfies the definition of a 'city street' as set forth in RCW i 47 . 04 . 010 (6) , as a portion of a highway partly located within the limits of the city of Kent; and WHEREAS, notice of the effective date of the speed iireduction on this portion of the Canyon Drive (SR 516) has been published in one issue of a newspaper of general circulation, to comport with the notice provisions of RCW 47 . 48 . 020 ; and I; WHEREAS, this Ordinance is necessary for the immediate preservation of public peace, health and safety, therefore the ! support of City government at its existing public institutions and ' ' by reason of the facts above stated is necessary and an emergency '' is hereby declared to exist in accordance with RCW 35A. 11. 090 ; I; NOW, THEREFORE, I' THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES ; HEREBY ORDAIN AS FOLLOWS : Section 1. Chapter 10 . 08 of the Kent City Code relating :Ito speed limits within the City of Kent is amended as follows: j 10 . 08 . 020. INCREASING OR DECREASING SPEED LIMIT IN CERTAIN ZONES. It is determined on the basis of an engineering land traffic investigation that the speed permitted by state law i jupon some of the following streets is less and, in some cases, ;', more than is necessary for safe operation of vehicles thereon by ; reason of the designation and sign posting of said streets as I H arterial highways, and by reason of widely spaced intersections and by reason of traffic thereof as disclosed by studies, and it t is declared that the speed limit shall be as hereinafter set forth on those streets or parts of streets herein designated, at the it i - 2 - I r times specified, when signs are erected giving notice thereof, but jin no case shall the speed limit exceed fifty-five miles per hour. ) The streets and/or part of streets, speed limits and i .! times referred to herein are as follows: i Name of Street or Speed Portions Affected Limit When 10. 08. 021 Pacific Highway South (SR 99) from a point i 530 feet south of the intersection of South 252nd Street to the intersection of Kent-Des Moines Road 45 mph At all times j 10. 08 . 022 Military Road south- bound from Kent- Des Moines Road to the intersection of South 250th Street 35 mph At all times 10. 08 . 023 Military Road from the intersection of South 250th Street to the intersection of South 268th Street 40 mph At all times 10. 08 . 024 Military Road from the intersection of Kent- Des Moines Road to a point 2110 feet north of the intersection of Kent-Des Moines Road 40 mph At all times i 10. 08 . 025 Reith Road from the intersection of Kent- Des Moines Road to the j intersection of Military Road 35 mph At all time! 10 . 08 . 026 Lake Fenwick Road from the intersection of Reith Road to the intersection of South 264th Street 35 mph At all times ' I 3 it 10. 08 . 027 Lake Fenwick Road south- bound from the inter- section of South 264th Streets to Section Line 27-22-4 35 mph At all times i 10. 08 . 028 Frager Road from the intersection of South 212th Street to the intersection of South 204th Street 25 mph At all times i 10. 08 . 029 Russell Road from the j intersection of Kent- Des Moines Road to the intersection of South 196th Street 25 mph At all times I 10. 08 . 030 62nd Avenue South from the intersection of South 190th Street to the intersection of South 196th Street 35 mph At all times 10. 08 . 031 54th Avenue South from the intersection of South 228th Street to the intersection of South 212th Street 35 mph At all times 10. 08 . 032 58th Avenue South from the end of the street to the intersection of I South 212th Street 35 mph At all times 10 . 08 . 033 64th Avenue South from the intersection of South 190th Street to the end of the street (SR 516) 35 mph At all times 10. 08 . 034 66th Avenue South from the intersection of South 190th Street to the intersection of South 196th Street 35 mph At all times i i 4 - I I I I j I I i 10. 08 . 035 West Valley Highway i (68th Avenue South) northbound from a I point 370 feet north of the intersection of South 190th Street to the south right-of- way line of South 180th j Street 50 mph At all times i 10. 08 . 036 West Valley Highway (68th Avenue South) from point 583 . 7 �j feet north of the �I intersection of Morton Street (S . 238th) to i the intersection of S. 212th St. 35 mph At all times I I West Valley Highway (68th Avenue South) from the intersection of S. 212th St. to a point 370 feet� p north i of S. 190th St. 50 mph At all times 10 . 08 . 037 West Valley Highway (Washington Avenue) from a point 583 . 7 feet north of the intersection of Morton Street to the inter- section of Meeker Street 35 mph At all times I� 10. 08 . 038 West Valley Highway (Washington Avenue) �j from the inter- section of Meeker Street to a point 180 feet north of �I the intersection of South 262nd Street 40 mph At all times I I i li I I I I 5 - i i �I i I j i 10 . 08. 039 West Valley Highway (68th Avenue South) northbound from a section corner 25-22-4 to a point i 180 feet north of the intersection of South 262nd Street 50 mph At all times 10 . 08 . 040 West Valley Highway j� (68th Avenue South) northbound from section corner 25-22-4 to the north right-of-way line of South 277th Street 50 mph At all times I! 10. 08 . 041 70/72nd Avenue South from the intersection of South 228th Street I to the intersection of South 180 Street 35 mph At all times I 10. 08 . 042 74th Avenue South from the intersection of SR 516 to the Union Pacific Railroad 1 Bridge on South 259th Street 35 mph At all times I 10 . 08 . 043 76th Avenue South from it the intersection of South 228th Street to the intersection of South 212th Street 35 mph At all times 10 . 08 . 044 North Fourth Avenue from the intersection of South 228th Street to the underpass of SR 167 35 mph At all times 10 . 08 . 045 North Fourth Avenue from the underpass of +I SR 167 to the inter- section of Willis Street 30 mph At all times - 6 - I� ' !i I i !I i i 10. 08 . 046 80th Avenue South from the South right-of-way line of South 180th ! Street to the inter- section of South 196th Street 35 mph At all times Ij 10 . 08 . 047 80th Place South from j 80th Avenue South to the intersection of 84th Avenue South j (190th Street) 35 mph At all times j 10. 08 . 048 77th Avenue South from South 212th Street to the end of the ii Street) 35 mph At all times 10. 08 . 049 Frontage Road from the intersection of South 262nd Street to the intersection of South j 277th Street 35 mph At all times ! 10 . 08 . 050 84th Avenue South from the south right-of-way line of South 180th Street to the inter- section of South 224th Street 40 mph At all times 10 . 08 . 051 84th Avenue South from the intersection of South 224th Street to the intersection of South 228th Street 35 mph At all times i 10 . 08 . 052 Central Avenue from James Street to Willis Street 30 mph At all times i !, 1 10 . 08 . 053 North Central Avenue from the intersection of South 228th Street jto the intersection of of James Street 35 mph At all times j 10. 08 . 054 South Central Avenue from the intersection ! of Willis Street to the Green River Bridge 40 mph At all times 7 i I� I Ili I it 'I i I 10. 08 . 055 88th Avenue South from the intersection of South 228th Street to the east City limits 25 mph At all times 10. 08 . 056 Reiten Road from Titus Street to Maple Street 30 mph At all times 10. 08 . 057 Maple Street from Reiten Road to Tilden Avenue 30 mph At all times III 10. 08 . 058 Woodland Way South from Tilden Avenue to the intersection of SE 267th Street 30 mph At all times 10 . 08 . 059 SE 267th Street from the intersection of Woodland jWay to a point 30 feet east of 102nd Avenue SE 30mph At all times 10. 08 . 060 101st Avenue SE from the intersection of SE 256th Street to the inter- section of SE 260th ,I Street 30 mph At all times 10. 08 . 061 104th Avenue South (SR 515) southbound from a point 492 feet i north of the inter- section of SE 236th Place to a point 100 feet north of the j� intersection of SE 236th Place 35 mph At all times 10. 08 . 062 104th Avenue South n (SR 515) from a point � 100 feet north of the intersection of SE 236th Place to a point i 659 feet south of the intersection of SE 260th Street 35 mph At all times !� 10. 08 . 063 On 108th Avenue SE from Kent-Kangley Road to the City Limits 35 mph At all times I � j - 8 - i I I i 10. 08. 064 116th Avenue SE from the north City limits to the intersection of Kent-Kangley Road (SR 516) 35 mph At all times I 10. 08. 065 South 190th Street from the intersection of West Valley Highway (68th Avenue South) to the intersection of it 62nd Ave. South 35 mph At all times 11 10. 08 . 066 South 194th Street from the intersection of 66th Avenue South to the intersection of i Russell Road 35 mph At all times 10 . 08. 067 South 196th Street from the intersection of West Valley Highway (68th Avenue South) to the intersection of 58th Place South 35 mph At all times j 10. 08 . 068 South 208th Street from the intersection of 84th Avenue South to the west quarter of Section 6-22-5 35 mph At all times 10. 08 . 069 South 212th Street west city limits to the east City limits 45 mph At all times 10 . 08. 070 South 216th Street from the intersection of 64th Avenue South to the intersection of 72nd Avenue South 35 mph At all times 10. 08 . 071 South 220th Street from the intersection of West Valley Highway (68th Avenue South) to the intersection of 72nd Avenue South 35 mph At all times �I � I - 9 - I I 10. 08 . 072 SE 228th Street from the intersection of Central Avenue to the end of the street 25 mph At all times I� 10. 08 . 073 South 228th Street from the intersection of Russell Road to the i; intersection of West Valley Highway (68th III Avenue South (0. 2660) 35 mph At all times I� 10. 08 . 074 South 228th Street from jthe intersection of West Valley Highway (68th Avenue South) to the intersection of 84th Avenue South 40 mph At all times 10. 08 . 075 James Street from the intersection of Russell Road to a point 558 feet east of the intersection of 116th Avenue SE 35 mph At all times 10 . 08 . 076 Smith Street (SR 516) from the intersection of Lincoln Avenue to the intersection of Hazel Avenue 30 mph At all times 10. 08 . 077 Meeker Street from the intersection of Kent- Des Moines Road to a point 500 feet west of the intersection of West Valley Highway (Washington Avenue) 40 mph At all times 10 . 08 . 078 Meeker Street from a point 500 feet west of the intersection of West Valley Highway (Washington Avenue) it to the intersection State Avenue 30 mph At all time I�( I! � ' - 10 - i j I 10. 08. 079 Gowe Street from a point 100 feet west of the intersection of Sixth Avenue North to the intersection of Kennebeck Avenue 25 mph At all times I 10 . 08 . 080 Willis Street from the � intersection of North Fourth Avenue to the intersection of South Central Avenue 30 mph At all times 10 . 08 . 081 eanyen-Br4:de-{SR-516} li €rem-the-in€erseehien I e€-HaEe�-A�enxe-fie-the �i in�e�seehien-e€-�96�h Avenge-SE 35-mph h�-a��-himes Canyon Drive (SR 516) from the intersection I of Hazel Avenue to the intersection of 100th Avenue SE 30 mph At all times 10. 08 . 082 97th Place South from the intersection of !' Canyon Drive to the intersection of Crow (100th Place SE) Street 30 mph At all times �j I� 10. 08 . 083 Crow Road from the intersection of SE i 260th Street to the intersection of SE 264th Street 30 mph At all times i 10 . 08 . 084 SE 256th Street from ! the intersection of 100th Avenue SE to a point Ij 340 feet west of lllth Avenue SE 35 mph At all times 10. 08 . 085 SE 256th Street from the intersection of Kent-Kangley Road to the intersection of Ii 116th Avenue SE 35 mph At all times - 11 I i j i' 10. 08 . 086 Kent-Kangley Road ! (SR 516) from the intersection of SE 256th Street to a point 550 feet south- east of 110th Avenue SE 35 mph At all times 10. 08. 087 Kent-Kangley Road (SR 516) northwest bound from the west right-of-way line of 116th Avenue SE to a point 550 feet east of 110th Avenue SE 35 mph At all times i 10 . 08 . 088 South 248th Street from the intersection of 94th Avenue South to the intersection of 116th Avenue SE 35 mph At all times 10. 08 . 089 SE 260th Street from the intersection of 97th Place South to the intersection of 108th Avenue SE 30 mph At all times 10. 08 . 090 SE 264th Street from the intersection of 100th Place SE to the intersection of 108th Avenue SE 35 mph At all times 10. 08 . 091 SE 264th Street from the intersection of Crow Road to the intersection of 108th Avenue SE 35 mph At all times 10 . 08 . 092 Kent-Des Moines Road it (SR 516) eastbound from j j a point 50 feet west of 27th Avenue South to !j the intersection of j 30th Avenue South 35 mph At all times !i Section 2 . The improvement and construction by the City on a portion of the Canyon Drive (SR 516) between Hazel Avenue and - 12 - i i it I it I j� ji 94 Avenue South have caused conditions warranting an emergency jreduction in the set speed limit from 40 to 30 miles per hour, in �jorder to protect and safeguard the public health and safety. This ' '! speed limit reduction shall be in effect for a period of Ijapproximately three months from the day a notice is posted ;' informing the public of the speed limit reduction on the affected ;; portion of the Highway, or until completion of construction, whichever occurs first. Section 3 . The City Traffic Engineer (CTE) is hereby authorized to immediately post a notice of the reduction of the i speed limit in a conspicuous place at each end of the affected ! portion of the Canyon Drive (SR 516) , as contemplated by RCW i j; 47 . 48 . 020, and at other locations, as appropriate. The CTE is - also authorized to communicate this action to the appropriate !; office of the WSDOT District One Office, both for coordinative ;. purposes and supporting action by that agency. Section 4 . Any act consistent with the authority and , prior to the effective date of this ordinance is hereby ratified band confirmed. i Section 5. The provisions of this ordinance are declared ', Ito be separate and severable. The invalidity of any portion of '' this ordinance shall not affect the remainder, or the validity of ! its application to other persons and circumstances. Section 6. Effective Date . This emergency ordinance i shall take effect and be in force five (5) days from the time of its final passage and after such time of its final passage as '' provided by law and the CTE has completed the posting as described I! in Section 3 herein. I ' I DAN KELLEHER, MAYOR J t - 13 - I 'I Kent City Council Meeting Date October 1 , 1991 Category Consent Calendar 1. SUBJECT: PARKSIDE WETLANDS PURCHASE 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign an earnest money agreement in the amount of $118, 000 to purchase Lots 1 through 6, and one in the amount of $13 , 500 to purchase Lots 18 through 25, Block 22 , Interurban Heights, 3rd Section, t , as part of the West Hill Parkside Wetlands project, (i authorization for the Parks Department to continue to acquire the individual parcels within the project site, staying within the 200, 000 budget. This action was approved unanimously by the arks Committee at their September 24 meeting. 3 . EXHIBITS: Letter from the Mayor, letter from Karen Waalkes, map 4 . RECOMMENDED BY: Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT'_ NO X YES FISCAL/PERSONNEL NOTE: Recommended_ Not Recommended 6 . EXPENDITURE REQUIRED: $131 , 500 SOURCE OF FUNDS: $ 65 , 750 West Hill CIP $ 65 , 750 King .County Conservation Futures Fund 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3K T MEMORANDUM DATE: September 17, 1991 TO: Steve Dowell, Parks Committee Chair FROM: Dan Kelleher, Mayor ' ,, SUBJECT: Purchase and Sales Agreement for Land Adjoining Parkside Wetlands I would like to take this opportunity to express my support of the acquisition of the property adjoining Parkside wetlands. This park is representative of the leading role the City of Kent has taken in preserving and protecting wetlands. The City has made a commitment to this project not only by budgeting $200,000 for this park, but by acceptance of$100,000 in matching funds from King County. I would ask the Parks Committee to consider all costs involved with purchase of the land as well as any future maintenance of buildings acquired. If your inquiries discover expenses over the budgeted amount, please explore the possibility of delaying acquisition until such time as the City's budget situation improves. I am hopeful this project will be able to be completed in the near future. This project is an example of how adjoining cities and the county can work together to help preserve the natural beauty of the northwest. This proposed park will help fulfill the need for parks in the West Hill area of Kent as well as allowing all Kent citizens to see first hand the existing wildlife habitat. September 24 , 1991 Kent Parks and Recreation Committee Dear Sirs: I am writing this letter out of concern for the nature park in the Saltair Hills area which was approved previously. The project was promoted as an alternative to the Landfill Park deeded by the Romano family 30 years ago. That land was -given to Seattle by Kent. Too much effort and time has gone into the project to cancel it - now. It is a project that brought hope to me . First , for preserving our natural environment; second, it was a grass roots effort by citizens with city support. Third, it was a cooperative effort between two neighboring cities who have often been at odds over the years. This park was the brainchild of the community , Kent Parks and Recreation, along with the fine work of Larry Minkler of Wildlife Heritage Foundation doing the work on getting the grant. I beg you, please don't let this project fall through the cracks and destroy public confidence in our local government. Sincerely, .� - Karen Waalkes CC : Dan Kelleher, Mayor - City of Kent Kent City Council hi Lk,LQ0o SC7 — -----— — _ g �l I W PLACE SOUTH nor i F1111 -4 I I T I I I I i I I I I I W O I I V � � Y yy 4 1 b A I h i Y I Y Y ^ a I I I 01, I • I •; - r Ir' I I I I r l ,� /�1 S Ct7A77J'E Q 61SJ/- I N 0 6 A SOUTH >�w k 4� I I I 1 i l - I n��i I Q. r•1 I I :__ i 1 / I } / o l I ti I b I I - 'Fj Y I h i ♦' �-4I q I I I ! `rl Y�t� I w I � I 0 .. 1 SSA++ 1 { I I !'7 I I 1 1 1 I- *� o !' ( ,Cri I I I I+Im� I 1 I I '►•�'1 I I I ti �` I - q�h 1-I I 11 0 l q fh b i n �I l Y 1 ..64 ` j T• I I 1 I � I / I 1 i I I I I I �I/ 1 I I I 11 I ` I I /1 I+ 1 1 I 1 1 I ti 't S COW'07"f 61O1Y _ 1 0 _ F /fi 1 25L I E SOU7N + / I I I I I I I I I I I 1 I I 1 { I I �� I I + +I I I _ _ I 1 I IL � S Ill✓J`- �--�--� - �--�--r---�--�- - � �s 1 i S4 ■ 1 I �+J t I +h I 1 I I ♦ I h l '�11 '+ I h I I h l Y l h l q t l h l Y Is Y I Y 1 4 1-- - G 24th AVENUE_ SOUTH ewer_ Kev to Ownerships K' lA 1B, & 1C: Long/Sandin { 2: V. Long $ 1 { 1 3: Michelson + 4: Briest 4 1 1 / 5; Landon g; Pemberton 71ruce C. Allen &Associates, Inc. Kent City Council Meeting Date October 1, 1991 Category Other Business 1. SUBJECT: CANTERBURY FINAL PLAT NO 2 . SUMMARY STATEMENT: This meeting will consider an application for the Canterbury Final Plat No. SU-89-3 . The property is approximately 4 . 34 acres in size and is located on the northeast corner of 100th Avenue S.E. and S . E. 248th Street. All conditions of the preliminary plat have been met. 3 . EXHIBITS: Staff memo, map, City Council minutes of 10/17/89 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember r moves], Countar-1-member - seconds to approve the staff recommend-ed approval far Canterbury Final Plat No. SU-89-3 . ' DISCUSSION• ACTION- Council Agen a Item No. 4A V CITY OF J" j11 ZS CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 Q�+vu cam MEMORANDUM October 1, 1991 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: CANTERBURY FINAL PLAT SU-89-3 On October 17, 1989 the City Council approved the Canterbury Preliminary Subdivision No. SU-89-3 , an 18-lot single family residential plat. The site is approximately 4 . 34 acres in size and is located on the northeast corner of 100th Avenue S.E. and S.E. 248th Street. The property is zoned R1-7.2 . Eight conditions were part of the Council's approval. The applicant has now complied with these conditions as listed below: 1. A. Prior to Recordation of Plat: 1. Increase lot widths for proposed lots 6, 91 10 and 18 so that these lots meet the minimum lot width of 70 feet and can adequately accommodate the additional side yard setback required on a corner lot. 2 . Note on final, plat linen that all lots must conform to the solar access setback regulations of the Zoning Code. 3 . Note on final plat linen that vehicular access from any lot within this plat to SE 248th Street shall be prohibited and that lots with more than one street frontage (lots 1, 91 10 and 18) shall have only one street access. 4 . Obtain City approval of detailed encrineerina drawings for the following improvements and either construct and/or bond for the same: a. Storm System. Provide on-site storm water detention in accordance with City Drainage Code and provide public storm drainage facilities within all public roadways and roadway improvements required as a condition of this subdivision. CANTERBURY FINAL PLAT ISU-89-3 October 1, 1991 Page 2 Detention Pond. The applicant shall provide information on the detention pond landscaping and fencing to the Planning Department for their approval, and shall work with City staff to ensure an aesthetically pleasing facility. Ownership and maintenance information for the pond shall also be provided for City review. b. Sanitary Sewer. Provide city gravity sanitary sewer system to service all lots. Extend sanitary sewers from SE 248th Street along 100th Avenue SE to the north property line of the plat. C. Water. Extend the City water main on SE 248th Street to the north property line of this plat. The size thereof shall be in accordance with that specified in the City Water Comprehensive Plan. Extend the City water main internal into the plat to provide domestic water service and fire flow capabilities to all lots. A minimum six inch main is required. d. Internal Streets. Improve internal roadway system to residential access road standards (i.e. , curb and gutter, minimum 5 foot sidewalks, street lighting, asphalt pavement (minimum roadway width 28 feet curb to curb) , underground utilities, drainage, street signs, and related appurtenances) . Dedicate adequate right-of-way to accommodate 25 foot radius curb returns at intersections and 45 foot curb returns for cul-de-sacs, 50 foot right-of-way minimum in tangent sections. e. 100th Avenue SE. Dedicate sufficient right- of-way to construct improvements required under SEPA. A 35 foot curb return radius is required at the intersection with SE 248th Street. CANTERBURY FINAL PLAT #SU-89-3 October 1, 1991 Page 3 f. SE 248th Street. Improve to collector street standards. Half street pavement width shall be 18 feet as measured from the centerline of the right-of-way. The westbound lane shall be widened and overlain with asphalt pavement such that its minimum width shall be 12 feet. Included in the half street improvements shall be curb and gutter, cement concrete sidewalk, street lighting, undergrounding, storm drainage and other related improvements. B. Prior to or in conjunction with the issuance of any development permit: 1. Provide a comprehensive, accurate tree plan for each lot, showing all trees of six-inch caliper or greater. The plan should also show the trees in relationship to any proposed structure. 2 . Provide minimum fire flow of 1, 000 gallons per minute at 20 psi at approved locations. Fire hydrants shall meet the required 600 foot spacing. 3 . Install street identification signs with location, size and message as approved by the Building Department. 2 . The area identified on the Preliminary Plat as the "Detention Pond" must allow for recreational use as well as meeting drainage needs, if possible, in order to provide some recreational opportunities for children that may live in the subdivision if it is developed. JPH/mp:c: su893 .mem }U \ TRACT 18 S 89'17'35" E 300.87' 1 ! 70.00' 70.00' 103.67' t0, 57.20' CITY OF KENT _ 12' NATURAL DRAINAGF x �\� EASEMENT . w q v � 16 ^ <% vi 18 17 m 15 4 FIRE HYO o 1 EhSM'T v, C23 Elan p7 f C2M1 / OS6 45.00' h7 C22 6 I O C26 37.UG' C25 N� q8 g0 I n N S 89'27'12' E 195.65' CZt 14 l a S.E. 246TH PL. a � of 15' DRAINAGE S EASEMENT I N 44.95' 39.13' \ 8Z1 C7G c17 N\8?T• 1\ 8558,`f(R sg J J CIB 1 C20 ^ 0\4•W� \ w G9 s 1 10 •c n . '° SHiTH'ii iiiii:i!ti ii i:• J 12 0 • �. I.v ..;: t:T'f ., .:; TO ::f::_;- N n 1n I u _ 5 89'17'35" E 103.66' 56.77' N 69.95' 70.03' 106,93' 53,50' CITY OF KENT � 12' NATURAL DRAIIAGE w � EASEMENT 3 4 0 7 N a z FRE1 Ui� o N I 2�ry 2 �l EASM'T .n z 6 J--- C12 1Y 40 AS io C13 Cli Bb 6d Ati 9 a1 C15 ,p6CI I n 44.95' 3}.T7. C74 m o0 o ✓i I moo, N 89'27'12" W 159.69' CIO 5 I -In 247TH PL. S ,,. 3.I T N ,T 461 Zo f(R)I I 51.29' CS CG 96 B C9 8' 3 C7 C CR 4 w 4 I e N /I '� O !� O Y, �' \?P Ul• N ill N j Z l c�- W - EXI_.....-. I N _N 8927'12" W 11U m n\f WSJ n . STINNSEG 3 74.05' I i ' \ CITY OF KENT ry 13,875 sy. tt. g m _ E NATURAL DIt AINAGF JO LI 25 TRACT A s 695p'0g9, 6. EASEMCNT DETENTION POND e\' ' ___ _ z3o' LANDSCAPING AND FENCING OF THIS 56.96' TRACT TO BE RESPONSIBILITY OF PLATTOR, S 89-17'11" C3 HEIRS AND ASSIGNS, E .... 30' 49.93' d — - - 249.91' n 299.84' _ -- ---' ~ /4r S.E. 248TH ST. n msT 114_ CANTERBURY FINAL PLAT _CRNER OF SEC TIC", 2u SU-89-3 Not to Scale October 17 , 1989 SEWERS Reha ilitation Project and release of retainage after eceipt of the required releases from e State. STREETS (CONSENT C ENDAR - ITEM 3K) Willis Up - Central Street Im ro ment. ACCEPT as complete 'th contract with Gary erlino Construction fo the final contr t cost of $322 , 285. 92 for t e Willis Str t Improvement Project and releas of retai ge after receipt of the required release from e State. STREET VACATION (PUBLIC HEARING - ITEM ) Hawkrid a Street Vac io No. STV-89-5. This public hearing will consid a re est by Thomas Drangsholt to vacate a porti of a str et lying 262 . 35 ft. westerly of Woo and Way and , lying southerly of So. 262nd Place fo which proper le 1 notice has been given by the ity Clerk. The Mayor declared the public hearing open. There /thatt omments from the audience and WOODS MOVED public hearing be closed. Johnson seconded otion carried. WOODS THEN MOVED to approve idge Street Vacation No. STV-89-5 with one , as recommended by the Planning t, and to direct the City Attorney to he required ordinance upon approval of the Hawkridge final plat. PRELIMINARY (OTHER �BUS INESS:,- ITEM�4A). SUBDIVISION Canterbury-Preliminary tSubdivision'No. SU-89-3,. This meeting will consider the Hearing Examiner's recommendation of conditional approval of the application by Baima & Holmberg, Inc. for an 18 lot single family residential subdivision. The property is located on the northeast corner of proposed 100th Ave. S . E. and S .E. 248th St. There were no comments from the audience and WOODS MOVED to accept the findings of the Hearing Examiner and to concur with the Hearing Examiner' s recommendation of approval of the Canterbury Preliminary Subdivision No. -SU-89-3 with 8 conditions. Johnson seconded. Motion carried. 4 Kent City Council Meeting Date October 1 . 1991 Category Other Business 1. SUBJECT: EASTWOOD FINAL PLAT NO. SU-89-1 2 . SUMMARY STATEMENT: This meeting will consider an application for the Eastwood Final Plat No. SU-89-1. The property is approximately 4 . 36 acres in size and is located on 100th Avenue S .E. and S .E. 244th Street. 3 . EXHIBITS: Staff memo, map, City Council minutes of 6/6/89 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT:_ NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended I 6. EXPENDITURE REQUIRED: , $ SOURCE OF FUNDS , d 7 . CITY COUNCIL ACTION: , Councilmember �: ' moves', Councilmember ; `�,t. " ` second9l to approve the-staff re-c&mmended approval -for Eastwood Final Plat SU-89-1 . DISCUSSION: ACTION: ---- Council Agenda Item No. 4B+X CITY OF CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 VR&VgvT-f- MEMORANDUM October 1, 1991 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: EASTWOOD FINAL PLAT SU-89-1 On June 6, 1989 the city Council approved the Eastwood Preliminary Subdivision No. SU-89-1, a 21-lot single family residential plat. The site is approximately 4 .36 acres in size and is located on 100th Avenue S.E. and S.E. 244th Street. The property is zoned R1- 7.2 . A number of conditions were part of the Council ' s approval prior to recordation of the final plat. The applicant has now complied with these conditions as listed below: 1. Solar access setback regulations shall be applied to all lots developed within the proposed subdivision. The final plat linen shall bear a notation stating that development on all lots must conform to the solar access setback regulations of the Kent Zoning Code (15. 08 . 230 et seq. ) . 2 . The area to the west of Lot 1 on the preliminary plat map currently designated as "pond" and consisting of 4 , 248 square feet shall be preserved and enhanced to provide habitat for wildlife that may presently inhabit the undisturbed woods. 3 . A comprehensive, accurate tree plan for each area to be developed shall be prepared by the applicant and submitted to the Planning Department prior to any grading, filling or construction. The Planning Department shall make a determination of which trees shall be permitted to be removed and shall ensure the retainage of the maximum number of trees. 4 . Access to the proposed subdivision development shall be resolved prior to final plat approval. South 245th Place shall not be used for primary access to the proposed subdivision development. Lots #8 , 91 17 and 18 on the Preliminary Plat map shall not have vehicular access onto or from 100th Avenue. 5. City approval of detailed engineering drawings for storm system improvements (including dedication to City of detention pond) , sanitary sewer system (including extensions north to SE 244th Street and east along SE 244th Street to the easterly property line of the subject property) , water improvements EASTWOOD FINAL PLAT #SU-89-1 October 11 1991 Page 2 (including a 10-inch main along the entire frontage of 100th Avenue SE and a minimum 6-inch main for cul-de-sacs) , and street improvements (including dedication of all necessary right of way to construct roadway improvements including curb and gutter; minimum five foot sidewalks; street lighting, signs, and barricades; five foot wide gravel shoulder on west side of 100th Avenue and north side of SE 244th Street; and asphalt pavement of 28 feet curb-to-curb) is required prior to recordation of final plat. JPH/mp:c:su891.mem Tu.4f:T s,r. 0 n --- - 1 S 89'17'59"1! 331.95' S.E. 2441-H ST. a T.L. 207 301.90' 47.82' 75.00' 75.00' 75.00' C22 3 - y :If( Or Yrl'll 12' VAJI i<AI. M(AIII �- FASI HE.IIT 18 oim 19 i 20 min 21 fl O W N N N a N n 76.74' 75.00' 75.00' 75.00' 70.00 0.00 7 ' N z S 89'17'59' E 770.74'- 51.00' L _ ---- — µ 17 16 15 "o ro n i v m ,�,,.�s, 14 Ia h I r. Woo - � FIRE IIYO, z f,1B -I EASEMENT c19 a 3� al czI cn 3 �, o 45.00' dgA3„ C20 d 6 96 g9 R50.50' I" ^' S 89-27 12' E 167.00' S.E. 245th CRT c1s rL. :r.$) �o N 13 I� n 45.00' 40.43' S Cil C72 C13 C5 �� F 9y7 p (R� CI4 n J 3 J 1 2 " W m 9 0 T pTA.. (.It " 10 non B N N � r a n cl i 70.00__ 70.00' S 89'17'59' E 108.20' P 53.10' 113.89' - 47.41' , Y W W N 1,1 Y R 1'1 N N l l ' /'� • 1' O I.• 7 � O ll 10'x10' T'I h z "i 1:111' OF KI JI I -- --- --- ---'-- -1 FIRE HYD. n 2 - 12' NATIII<41. ld<AIIIj1. < C7 F_ASCLI[N! n O -J�F_ASF_IAF.Ilf 'l , 00 CIO r9 CH CB 1ii Ah 45.00' 40.45 N 9q h9 S. 245TH PL. R50.50' 89'27'12" E 167.00' T.i. S.E. 245th PL. 4 N 7 I .36' 7o.or s I°' UN AInA:a. E.;f Ltr 111 Q Ot / \1,,Q an i, 2 m 3 In 30• 30' _. 40.38' 70.07' SI10.H%� EASTWOOD FINAL PLAT II ,,. SU-89-1 !hl Not tO Scale / June 6, 1989 SUBDIVISION a shorter form of he .prdinance. Upon a show of CODE hands, the motion t adopt Ordinance 2849 ds amended carried with Woo , Jo�frtson, Mann and White voting Lot Line in favor and --Dotoell , Houser and Biteman voting Adjustment against. Ordinance PRELIMINARY Eastwood Preliminary Subdivision No. SU-89-A 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 t 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 th/last Planning Commissi g, meeting, so no action d been taken on this item. Nn Commission, co isting of nine members, res five memb s for a quorum. This has become ' cult sinc at present two commissiona are cant. White asked that City Admintor check into the possibility of modifyiann ' Commission rules regarding quorum. Uo 1 ' question, Driscoll pointed out that tnning mmission must make certain findings ot before e necessary resolution and ordinance to the Cou il .HOUSING AND (CONSENT CAR ITEM 3I)COMMUNITY Sidewa D ment Project. ACCEPTANCE as DEVELOPMENT comp to oJuarez Construc ion contract for the Hou ng and Community Development sidewalk im rovement project and release of retainage after receipt of release from the state. Kent City Council Meeting Date October 1 , 1991 Category Other Business 1. SUBJECT: EAST HILL ANNEXATION 2 . SUMMARY STATEMENT: This date has been set for a public meeting with the petitioners of the East Hill Annexation. Those petitioners have been notified of this meeting. The Public Works Committee has recommended proceeding with the annexation with the boundary modification as recommended by the Public Works Director and authorizing the circulation of the 60 percent petition subject to the City's existing indebtedness. 3 . EXHIBITS: Excerpt from Public Works Committee minutes and supporting material , boundary map showing proposed boundary modification 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember �`ti, moves, Councilmember seconds that the City proceed with the annexation modifying the boundary as recommended by the Public Works Director and authorizing the circulation of the 60 percent petition subject to the City's existing indebtedness. DISCUSSION: ACTION: --.. Council Age da Item No. 4C Public Works Committee September 17, 1991 Page 4 resolution to make application for an extension of water and sewer service then that can be allowed. Wickstrom clarified that if they do not proceed with the L. I.D. process, then we would not be able to address service with a new request. Mr. Sharp stated that on March 6 an application was made for a water meter hookup for property owned by Doris Ramsted. There was a misunderstanding in what was being requested and while the issue was being cleared up, the resolution was adopted. Wickstrom explained that the hookup being requested by Ms. Ramsted requires a main line extension to service a piece of her property. Mr. Sharp explained that Mrs . Ramsted is proposing to sell this five acre portion of her property. It was further clarified that the original application was for a hookup to the main which is already at her property line. Carol Morris explained further that hookups are not addressed in the resolution only extensions. So if her request was for a hookup, even though it required an extension, we would have to approve the application. The Committee unanimously approved allowing the hookup. After some further discussion, it was determined that the Attorney's office should issue a legal opinion on this matter. East Hill Annexation Wickstrom stated this matter was referred to the Public Works Committee for a recommendation to the Council at the time they meet with the petitioners. Wickstrom indicated that moving ahead with the annexation would give us some control over implementation of the 272nd/277th corridor project and it also honors the position we have with the Boundary Review Board. In the 70 ' s, the Boundary Review Board denied our servicing outside the City limits as they thought we should not just take the utility revenue but provide the other services as well. Through negotiation, they agreed to allow us to service outside the City limits as long as we secured covenants supporting annexation. Should the City deny this annexation, the Boundary Review Board may reconsider their past position. If we can 't service it because they are denying our services then you open the area up to other utility districts . This area in particular is not so amenable to other districts but the entire eastern franchise area has potential of being serviced by other sewer and water districts. The costs are relatively realistic as to the revenues generated and what we anticipate it to cost to service the area. Wickstrom continued that when the impacts of the overburdened Kent Kangley and Canyon Drive are considered, implementing the corridor project would relieve a Public Works Committee September 17, 1991 Page 5 significant amount of the congestion. The cost to service the proposed annexation area becomes pretty small when it is compared to what it costs the City to mitigate impacts on Canyon Drive. Wickstrom added that he would also recommend modifying the boundary as shown on the map included in the Committee ' s packet to include a parcel that originally was not within the proposed annexation boundary but is under the same ownership as its abutting parcel. Thus, this would avoid splitting the parcel. He would also recommend the annexation area be subject to the City' s indebtedness. Items to be considered are whether to proceed with the annexation at all, the boundary and whether you want to adjust it, and whether the area should assume the City' s existing indebtedness. Jim White asked what assuming the City ' s indebtedness would do to the property taxes. Wickstrom -explained, referring to the information in the Committee' s packet, that the overall effect of annexation to the City versus remaining in the County is almost a wash. Overall, the property owners would save $1. 34 per $100, 000 valuation by being in the City. Dowell asked about fire and police coverage. The area is currently served by Fire District 37 . In an emergency, responses by both police and fire would be whomever can get there the fastest. The costs shown for Police are based on a cost per call . Mr. Pawlowski wanted to know if there was a law which prevented a city from annexing property to put a road through. Tom Brubaker indicated these were two separate issues. Once an annexation occurs, the city has jurisdiction over the area. A second process can take place then for approval of the road project. The annexation does not guarantee that the road project will occur. It was noted that when properties are annexed into the City they come in automatically as residential, 20, 000 square foot lots. The Planning Director reviews the area and makes recommendations as to appropriate zoning for the area within one year. Dowell inquired about the funding for the corridor. Wickstrom responded that the funding package for the corridor includes money from State grants, the $5 million in Councilmanic bonds and the mitigation agreements that have been executed by developers to mitigate their impact to the City ' s transportation system. Wickstrom indicated for Dowell that on a best case scenario it would be approximately three years before construction could start and the project would take approximately two to three years to construct. Mr. Kiefer commented that he felt that the people in the area should be notified as to what is taking place with the annexation. Tom Brubaker indicated that during the process of collecting the 60% petition, there will be community meetings held explaining all the elements of the annexation. There Public Works Committee September 17, 1991 Page 6 was an inquiry as to how the boundary of this annexation was developed. Wickstrom indicated that the Public Works Department looked at what would be a reasonable boundary to consider without splitting properties. Dowell asked about the status of the 272nd/277th corridor and whether the Council will be hearing some discussion on it soon. Wickstrom explained that the EIS has to be completed and any appeal process finalized before it can be brought before Council. Wickstrom stated that the traffic modeling has been completed and the draft EIS should be completed in approximately three months. A member of the audience indicated that the corridor would definitely be an informational issue that those impacted by this annexation will want to know about. Leona Orr moved that the Public Works Committee recommend proceeding with the East Hill annexation with the boundary modification as recommended by the Public Works Director and subject to the City' s existing indebtedness. The Committee unanimously agreed. Jim White asked Roger Lubovich his opinion about what Council can or can not hear on the corridor project. Roger Lubovich indicated that his predecessor had issued an opinion that no Council member could communicate with residents in the community regarding the corridor because of the SEPA process. He continued that he will be reviewing that opinion in that it is his understanding that case law indicates that only at such time as there is an appeal pending should this communication be restricted. He stressed the case isn't real clear so he wants to look at it again and provide the Council an opinion at the next Committee meeting. Authorization for Condemnation - Dover Court Storm Drainage Wickstrom explained that we have a project designed to reroute the drainage system in the Dover Court area to relieve an erosion problem. We have been unable to obtain two of the necessary easements in ' order to proceed ' with the project. Wickstrom explained that we will continue to negotiate with the property owners but are requesting authorization to condemn if negotiations are not successful. The Committee unanimously recommended approval. Authorization for Condemnation - LID 338 - Westview Terrace Wickstrom explained that we have been unsuccessful in obtaining an easement on one parcel in order to proceed with this sewer LID. We would like authorization to proceed with condemnation if we DEPARTMENT OF PUBLIC WORKS September 13, 1991 TO: Public Works Committee FROM: Don Wickstrom RE: East Hill Annexation Per the above subject annexation, attached is the information that was included in the September 3rd Council agenda packet. As we have stated, with respect to. an earlier proposal presented to the Committee, we recommend pursuing this annexation as it will establish some City jurisdiction per the 272nd Corridor project. It should be noted that while the cost to service the area is slightly more than the revenues received, the difference is insignificant when you consider the expenses associated with delaying or foregoing the 272nd Corridor project. The overburdened SR 516 route costs both the City and its citizens dearly. We just awarded a $725, 000 construction contract thereon for safety improvements. The accidents occurring on the route demand much City manpower (police, fire, public works and legal) not to mention personal property damage, injuries and deaths . A second issue relates to providing utility service to the unincorporated areas. While the City has a County franchise to do so, final approval rests with the Boundary Review Board. Presently the Board allows us to service the unincorporated areas subject to execution of annexation covenants. Their present position resulted from a negotiated process . In the mid-70 ' s the Board was outright denying our requests to service the unincorporated areas based on their belief that such areas should have the benefit of all City services . The Board compromised to this present position on the premise that the City would proceed with annexation once sufficient covenants were received. Were we not to proceed with this particular annexation, the Board would have grounds to revert back to their original position of once again denying all service requests. While this may seem to be a method for controlling growth, our franchises are not exclusive. Such a situation would open the doors to our neighboring sewer and water districts to service the areas and, thus, any control by the City would be lost. As we indicated earlier, we support proceeding with this annexation. We recommend that the City' s indebtedness be a condition thereof and that the boundary be modified as reflected on the attached map. The purpose of the boundary modification is to include all parcel ownership within the annexation versus splitting the parcel. // Il7 'k✓r �% '%%//// 2 / ri %r Wit' '�r b` .tom' %i /i/. rr i n -�I �li`r i[7' .N - /� %/Y fG• �' ���`tY iy d+,'taY`„h�`��.$� e�y�T.r7��1 Il tl ¢ \ rv� � S 3"al� A�� . � i 26$T T ST y - DETENT] W, ii y A t7? t SE �_. 1 Grp NDai/� � S w � �.; i lj ^I ..(l �. y' ED .x� �1274T'� ,'w OJ)oMi aR _- f7 I Y Ty T� 4R �IEZ „ SE z74TH sr tA� 9 a t "� m }se F � o�o o: PROPOSAL BOUN ARY $ " 277TH PL — —SCHOOL TREE EL f W. 39 SE 2815T ST r I - , w N SE. ':264TN'ST _JnSE284'1?h5T Uc , PROPOSED ANNEXATION EXISTING CITT LIMITS NORTH1y,tUt EXECUTED ANNEXATION COVENANT i. (EQUALS 85.9'L TOTAL ASSESSED VALUE OF PROPOSED ANNEXATION AREA] f CEiv:3 �•T�r ". 107. PETITION SIGNEE � x` MATERIAL FROM SEPTEMBER 3RD COUNCIL PACKET DEPARTMENT OF PUBLIC WORKS August 29, 1991 TO: Mayor Kelleher and City Council FROM: Don Wickstrom� )� RE: East Hill Annexation On August 6th, the City Council was presented with an annexation petition. The Public Works Department has verified that the signatures thereon represent approximately 14% ($5, 740, 165) of the total assessed value ($40, 701, 706) of the proposed annexation area. In accordance with State law, the next step would be to hold a public meeting with the petitioners. At the meeting, Council would determine whether to accept, reject or geographically modify the proposed annexation. Also, whether to require the assumption of all or any portion of the City' s existing indebtedness . State law requires that the public meeting be held within 60 days of receipt of the annexation petition. As such, the Public Works Department recommends that Council hold said public meeting at their regularly scheduled October 1st Council meeting. This is the last Council meeting by which Council action must occur on this matter. In the interim period, Council may want to refer the matter to the Public Works Committee for a recommendation thereon. For Council ' s convenience, enclosed is the following pertinent information: a) Annexation Procedural Summary; b) Map of proposed annexation area denoting proposed boundary thereof, outstanding annexation agreements and properties who have executed the 10% petition; c) Map denoting existing County zoning for the area; d) Tables 1-3 reflecting financial impact to the City; e) Table 4 reflecting financial impact to residences within the area. ANNEXATION BY PETITION METHOD Procedural Summary 1) Receipt of a petition for annexation signed by property owners therein representing 10% of the assessed value thereof. 2) City verifies that the signatures represent lob of the assessed value of the proposed annexation area. 3) Within 60 days of receipt of a petition, Council must hold a public meeting with the petitioners. The purpose thereof is to determine whether to accept, reject or geographically modify the proposed annexation. Also, whether to require the assumption of all or any portion of the City' s existing indebtedness and, if so, the meeting minutes and the authorized petition shall clearly denote same. 4) Upon Council approval of the proposed annexation boundary and indebtedness issue, the petitioner ' s circulate the 60% petition for signatures. 5) Council receives the authorized annexation petition signed by property owners therein representing 60% of the assessed value thereof . 6) City validates that the signatures represent 60% of the assessed value of the proposed annexation area. 7) Requirements of the State Environmental Policy Act (SEPA) are satisfied. 8) Proposed annexation is submitted to Boundary Review Board for their review and approval. 9) After receipt of Boundary Review Board approval, Council holds a public hearing on adoption of ordinance annexing the area to the City. 10) Ordinance annexing area is filed with King County. TABLE 1 Proposed Annexation Estimated Annual Revenue Impact at Present Development Level FUND/REVENUE General: General Property Tax @3 . 064491 $ 124 , 730 Elec. & Nat. Gas Util. Tax @3 . 5% 6 , 542 Water Utility Tax @3 . 5% 1, 130 Sewer Utility Tax @3 . 5% 1, 133 Drainage Utility Tax @3 . 5% 1, 109 Phone Utility Tax @3 . 5% 1, 349 Garbage Utility Tax @3 . 5% 759 Auto Excise 91740 Liquor Excise 21057 Liquor Profits 5 , 632 Total General Fund $ 153 , 181 Street: Vehicle Registration Fee' $ 5 720 Gas Tax @20 . 24 Per Capita 4 , 065 Total Street Fund $ 9 , 785 Environmental: Garbage Utility Tax @3 . 0%4 $ 707 Water: Loss of Revenue Due to Rates $ (7, 089) Storm Drainage: Revenue Due to Annexation $ 3 , 122 Total Estimated Revenue Impact $ 169 , 491 1) Includes City's Excess Levy 2) Can only be used for capital improvements on streets 3) Council has reserved about one-third for corridor improvements and one-half the remaining balance is restricted for capital improvements on the arterial system. The remainder is available for M&0 but traditionally Council utilized all the gas tax money for street improvements . 4) Presently reserved for recycling expenses, consultant services for landfill oversight and reserve for landfill remedial action responsibility. 5) City's outside water rate is 22% higher than rate for inside. TABLE 2 Proposed Annexation Estimated Annual Expense at Present Development Level Area (acres) 608 . 5 Population (estimate) 982 Street (miles) 4 . 81 Assessed Value .($1, 000) 40, 701 Operational Cost Immediate Annual Street Paving/Oiling Program $ 62 , 400 $ 20, 0001 Road Maintenance 27, 500 Signs & Pavement Marking 420 2 , 050 Vegetation Management 2 , 500 9 , 970 Street Lighting 240 5 , 491 $ 65, 560 $ 65, 011 Drainage $ 9 , 450 Recycling Program 402 Police' 48 , 034 Fire` 49 , 500 $ 65 , 560 $172 , 397 a) Projected that in 5 years $100 , 000 (today' s cost) will be needed for overlaying. b) Based on a Police-developed cost estimate of $204 . 40 (1990 $) per call for service. c) Fire District #37 presently services the area. As such, these figures reflect the replacement of the lost revenue to the District and no service level change.. The Fire Chief estimated another $370, 000 would be required to deliver a more appropriate level of service. TABLE 3 SUMMARY REVENUE VS EXPENSES EXPENSE REVENUE NET Annual General Fund Street $ 65, 011 Police 48 , 034 Fire 49 , 500 $162 , 545 $153 , 181 $ (9 , 364) Recycling Program $ 402 $ 707 $ 305 Drainage $ 9 , 450 $ 3 , 122 $ (6, 238) Water $ 0 $ (7 , 089) $ (7 , 089) TOTAL $ (22 , 386) One Time Only Street $ 65, 560 $ 1, 355 Street Capital $ 8, 430 TABLE 4 Approximate Tax Comparison for Annexation East Hill Area Actual 1991 Levy Rates Paid city County Property Taxes Total Total Difference State 3.38348 3.38348 0 County 1.73030 1.73030 0 County Road District 1.48207 (1.48207) City Regular Levy 2.52618 2.52618 City Voted Excess Levy GO Bonds 0.41558 0.41558 Fire District #37 1.21540 (1.21540) Library . 0.48921 (0.48921) Hospital 0.17485 0.17485 0 Kent SD #415 4.35283 4.35283 0 Port of Seattle 0.32332 0.32332 0 EMS 0.19911 0. 19911 0 SUBTOTAL 13.10565 13.35057 (0.24492) Property Taxes for $100,000 Home $ 1,310.57 $ 1,335.06 $ (24.49) Utility Taxes .Yearly Avg Billing City Yrly County Tax Yrly Tax Difference Elec/Nat Gas $ 924.00 $ 32.34 0 $ 32.34 Phone 186.36 6.52 0 6.52 Water 115.32 4.04 0 4.04 Sewer 230.40 8.06 0 8.06 Drainage 27.00 0.95 0 0.95 Garbage 108.00 7.02 0 7.02 T o t a l Average Utility $1,591.08 $ 58.93 0 $ 58.93 DUE TO ANNEXATION city County Total Total Difference Reduction in Water ( 32.89) ( 32.89) Rates Drainage Utility Charge 27.00 27.00 S u r f a c e W a t e r Management Fee _ 29.89 ( 29.89) Total Due to Annexation ( 5.89) 29.89 ( 35.78) TOTAL PROPERTY TAX, UTILITY TAX & OTHER 1,363.60 $1,364.95 ( 1.34) Additional Savings 0 Drainage: County's rate is to increase to $86-100 per year. Kent's rate is a function of the drainage basin. As such, it will be between $21-53 per year. Minimum savings $33-65 per year. 0 Free Residential Recycling Service %�% „ / � •��_.`�'.a oar: o > o-0 �} 0 •0-1.1 pJ � .'-1 RM 1800 \ a o / 17.... SR 7200 0� ����a! ��..-�' ,q I ❑ , Ili � 7. o00 - -I i SR (15,000) /ia000 a ., F S 7200 G�G �a cFipl- G �lCl i 7 _ o 6;00� p I�p� a: 1 SSe8600 — � '°t�? G+ + 0 b �n 1. -�-� �❑ aaG�� _ �? o P o + 0 RS 15000 Q 'JPROPOSAL B0�N AR o ❑-�� 4t �� IULI \ il I I ) F . --___. . � _ � !' '.. •L,...L__.� __ r -T ¢-it �-- :F-� T - - � __ '.-_ rU h� LS [� o �1Y Ih -7 �-I � yell- I I 7 _ -� � ill I -- � --I D L� .._ io ' ,7 ❑ I I I' T-r-- \ r.. r - \ LMMJ rob - c T k 2 PROPOSED ANNEXATION- EXISTING KING COUNTY ZONING DESIGNATIONS ZONING DESIGNRTION RRER (RCRES) RC SE00 17.5 RM 1900P 16.9 RM 2103 6.7 NORTH RS - 15,000 lie.9 °4 j�j EXISTING CITT LIMITS SR. C 5.000) I3U.9 / rJ11 SR IRM 24001 33.5 SR 7?or 160.6 l _ SR 950C 100.7 �;,wTess ep KY D� \\ ..lh� NX -11 a a o� DU �yA� f - 0 O aj 6E D N� °971 t n }p« a - \ 11. -� �J�6• .° + �, .i .-.i _.� _... 9-'� ➢.7f �l L�8'l.1T 1{, oci1, Lo 4TH ST S6 27 a S�' J J L_ °t•!1 u� n1 �c,.tz e a _ PROPOSAL BOUNDARY, uo � G` I IF r n EL M IH I , a L J- w T I Id IY r3 i C L SE 2HI53 ST 01 aI N a f R r - Vw�� rc = ,` 5EU PROPOSED ANNEXATION / EXISTING CITT LIMITS NORTH ��-�r�lc'y. Pr. EXECUTED RNNEXRTICN COVENRNT [EOURLS 95.9% TOTAL RSSESSEO VRLUE OF PROPOSED ANNEXATION RRER). y� 10% PETITION SIGNEE d1i`:.tls� Kent City Council Meeting Date October 1, 1991 Category Other Business 1. SUBJECT: KING COUNTY/METRO MERGER 2 . SUMMARY STATEMENT: This meeting will consider the recommendation of the City Council Planning Committee that Kent not support the proposed King County/METRO Merger. This recommendation was made on September 17 , 1991 . 3 . EXHIBITS: Memo, Council Planning Committee minutes of 9/17/91 4 . RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X _ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt the Council Planning Committee's recommendation not to support the proposed King County/METRO Merger. DISCUSSION: - ACTION• Council Agenda Item No. 4D CITY OF LU�� ZS CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 ��rrr¢c�etr� MEMORANDUM October 1 , 1991 TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS/ PLANNING DIRECTOR RE: PROPOSED KING COUNTY/METRO MERGER At their September 17 , 1991 meeting, the council 's Planning Committee voted to recommend that the full City Council go on record as opposing the proposed King County/METRO merger. After discussion by the Committee, it was felt that the proposed merger was different from that which was agreed upon by the City of Seattle and suburban cities at the earlier Summit meetings. FS/mp:a:merger cc: Fred Satterstrom, Planning Manager CITY Of O\L22� CITY COUNCIL PLANNING COMMITTEE MINUTES V&'m10qM- September 17 , 1991 4 : 45 PM Committee Members Present . City Attorney's Office Christie Houser Roger Lubovich Jon Johnson, Chair Carol Morris Leona Orr Planning Staff Other CitV Staff Sharon Clamp Norm Angelo James Harris May Miller Margaret Porter Fred Satterstrom Other Guests Bill Doolittle Linda Van Nest Judy Woods, Council President KING COUNTY/METRO MERGER (J. Johnson) Chair Johnson stated that the Suburban Cities Association has taken the position that it will not now support the King County/Metro merger. He stated that if the vote on the merger fails, the suburban cities, City of Seattle, and King County would have to get together and agree on new language prior to the state legislature convening. There needs to be some common language which could be taken to the state legislature for them to pass a law merging the two entities. If the legislature fails to deal with the issue, then Judge Dreyer will make the final decision. Councilmember Orr MOVED and Councilmember Houser SECONDED a motion to recommend that the City Council take a position against supporting the King County Metro merger . Motion carried. The Committee directed that this item go to full council on October 1 under other business. HUMAN SERVICES ROUNDTABLE UPDATE (L. Ball) No report was given. Kent City Council Meeting Date October 1 . 1991 Category Other Business 1. SUBJECT: SEATAC BOUNDARIES RESOLUTION 2 . SUMMARY STATEMENT: This meeting will consider the Council Planning Committee' s recommendation to adopt a resolution regarding an annexation boundary for the northwest area of the City. This proposed boundary is located along South 200th Street and extending westerly along said street from the Green River to Interstate 5 (I-5) , then southerly along I-5 to Military Road to the existing City of SeaTac boundary. 3 . EXHIBITS: Memo, resolution, map and City Council Planning Committee minutes of 9/17/91 4 . RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT_ NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ _ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Resolution regarding an annexation boundary for the northwest area of the City, as recommended by the Planning Committee. DISCUSSION• ACTION• Council Agenda Item No. 4E CITY OF L"L122 r T CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 °71�? s� MEMORANDUM October 1, 1991 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS SUBJECT: PROPOSED NORTHWEST BOUNDARY FOR KENT The City Council Is Planning Committee, on September 17, 1991, voted to recommend to the City Council that the northwest boundary of the City should be located along S. 200th Street and extending westerly along S. 200th from the Green River to I-5 and then southerly to the existing boundary of the City of Sea Tac. This proposed boundary lies within the City' s amended sphere of interest and would be a logical extension of the current City boundary which is located at S. 204th Street. JPH/mp:nwbd2 . RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, adopting an annexation boundary for the northwest area of the City. WHEREAS, on April 17, 1972 , the City Council of the City of Kent, by Resolution 718A, adopted a report entitled "Kent ' s Sphere of Interest" , and adopted amendments to such report on December 4 , 1978 and December 19, 1983 ; and WHEREAS, on October 6, 1987 the City Council, by Resolution 1150, adopted annexation policies and amended the Kent Sphere of Interest report; and WHEREAS, on April 18, 1989 the City Council , by Resolution 1199, adopted a priority annexation map; and WHEREAS, the City Council of the City of Kent has been informed that the City of Sea Tac has shown an interest in annexing certain lands that lie within Kent' s adopted and amended Sphere of Interest in the northwest area of Kent; and WHEREAS, the City of Kent' s City Council Planning Committee, on September 17, 1991, reviewed a recommendation made by the City of Kent administrative annexation committee concerning where a logical Kent city boundary might be located in the northwest area of Kent; and WHEREAS, this proposed city boundary lies within the City of Kent's Sphere of Interest; and WHEREAS, the said Council Committee voted to recommend to the Kent City Council as a whole that Kent's City boundary in the northwest section of the City would best be located along S. 200th Street and extending westerly along said street from the Green River to Interstate 5 (I-5) then southerly along I-5 to Military Road to the existing City of Sea Tac city boundary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Potential Annexation Map setting forth proposed annexation boundaries for the northwest section of the City of Kent, as set forth in Exhibit A as attached hereto and incorporated herein by reference, is hereby adopted. Section 2 . Any proposed annexations by neighboring municipalities which extend beyond the annexation boundaries and into proposed annexation areas of the City of Kent as set forth in Exhibit A are hereby opposed. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1991. Concurred in by the Mayor of the City of Kent, this day of 1991. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, DEPUTY CITY CLERK 2 AF rl�� � E • ,'- 1 ON N - �- N o 04 N Ul \• \ <'?�t,*-� i . \ � (i''��\ � � ems-• � / I I t .;/ - 1�•l 1 i •• `•d � ♦ "q ���\��\ �. �, \/ � _ p � !sue'\� �fJ` S\`\./� � J �//i/�.5: j. `C \ J / \ Av\A. •�( �,- ��..� �V �1..�/ f r` ?Y/�A testy-/o ;' a- � Q1 11 jl Lire CITY COUNCIL PLANNING COMMITTEE MINUTES SEPTEMBER 17 , 1991 PAGE 2 SATELLITE SEUM IN KENT ff, Van Nest Linda Van Ne , President of the White River Valley Historical Society, discu ed the possible siting of a atellite historical museum in the Ci of Kent. Ms. Van Nest stated ark Orchard Eleme ary School has agreed to donate a 1876 repli a log cabin, onstructed for the State Bicentennial, which mu be moved om their grounds in order to expand a playfield. The og cabi is approximately the size of a portable classroom. Ms. V Nes is in the process of talking with Kent School District off* i s to surplus the cabin. The historical society is inter ted in moving the log cabin to a downtown Kent location wi sy pedestrian access. Possible museum sites might includ the B lington Green (near the gazebo) , the municipal parking to where It Saturday Market is held, or the small park located at he corner o st Avenue and Titus Street. Assistant City Attorn y Morris indicat another option for siting the museum is to off r tax reductions to property owner who would be willing to fr eze their property in erpetuity with this building on it as a historical feature. Planning Direc r Harris indicated staff would complete a financial analysis for owing and siting the cabin. Ms . Van Nest suggested contacting d Robbins who moved the Burke house and moves the school port le buildings . SEA TAC BOUNDARIES (J. Harris) Planning Director Harris stated that in response to the City of Sea Tac ' s proposed annexation of 350 acres which lie outside of Sea Tac, Kent and Tukwila, the Staff Annexation Committee has recommended the boundary be set at S. 200 Street and west along 200th to the brow of the hill, but not to include Military Road. Fire Chief Norm Angelo stated the crucial issue from the Fire Department standpoint is speed of service to Military Road and down the hill . The Sea Tac Fire Department could better serve Military Road, while the Kent Fire Department could better serve the area to the brow of the hill. Councilmember Houser MOVED and Councilmember Orr SECONDED a motion to recommend the City Council adopt a resolution stating the City of Kent ' s ultimate boundary should be S . 200 Street on the north, westerly along 200th to the brow of the hill , south along the brow of the hill to were it meets the City of Sea Tac boundaries . Motion carried. Councilmember Orr stated representatives from the City of Sea Tac attended today' s Public Works Committee meeting to discuss the issue of extending sewer service to a specific 200 acre parcel . The Public Works Committee passed a motion recommending the City CITY COUNCIL PLANNING COMMITTEE MINUTES SEPTEMBER 17 , 1991 PAGE 3 Council accept only the "engineering concept" that it is possible for the City of Kent to extend sewer service, but did not take action on extending the service. The Public Works Committee feels that from a planning and impact standpoint, the Planning Committee should make a recommendation on whether or not to approve the sewer extension. Councilmember Orr stated it is not in Kent ' s best interest to extend sewer service to Sea Tac. They have indicated they are interested in serving only one 200 acre piece of property with the sewer extension. Sea Tac would not be able to afford to pay for the sewer extension with just the one project. It would take massive development in that area to tie into the sewer to help pay for it, and Sea Tac has talked about building 1500 to 2000 apartments . Councilmember Houser MOVED and Councilmember Orr SECONDED not to extend sewer to the City of Sea Tac. Motion carried. The Committee asked that this item be placed on the Council agenda for October 1 under other business. The Committee suggested sending the City of Sea Tac a letter letting them know of the Committee ' s recommendation not to extend sewer service, the date the issue will go to City Council, and give Sea Tac the option to attend the Council meeting to make a presentation. ADDED ITEMS STAFFING SUBURBA CITIES J. John on Chair Johnson rep ted that uburban Cities has directed its members to ask the cities to take a position on whether to provide full time sta fing r Suburban Cities . At the October 1 Committee meeting, Char J hnson will provide the Committee with the handout Suburban Ci s provided, and he also would like the Council to take a posit at the October 1 meeting. He pointed out that the additional fee that would be required for the City to support the necessary staff e substantial . KENT 57 APARTMENTS J. Johnson Chair Johnson s ated there is a eed to review zoning code provisions that allows apartments as conditional use in non- multifamily zo es. He is concerned out the potential for apartments being build in undeveloped Com pity Commercial zones and other zones that allow apartments as a onditional use. He stated if we allow this, we are defeating �the purpose of our original intent which was to try to reduce potential development of some multifamily in the City. Kent City Council Meeting Date October 1, 1991 Category Other Business 1. SUBJECT: PROPOSED SEATAC SEWER EXTENSION 2 . SUMMARY STATEMENT: This meeting will consider the Council Planning Committee's recommendation to disapprove the request to extend sewer to a specific 200 acre parcel to the City of SeaTac. On September 17 , 1991, the Council 's Public Works Committee endorsed only the "engineering concept" of the proposed extension of sewer and the Committee did not take action but forwarded this item to the Planning Committee for action. 3 . EXHIBITS: Memo, Council Planning Committee minutes of 9/17/91 and Public Works Committee minutes of 9/17/91 4 . RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT_ NO X YES FISCAL/PERSONNEL NOTE: Recommended_ Not Recommended 6. EXPENDITURE REQUIRED: $ _ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember _seconds to approve/disapprove the extension of sewer to the City of SeaTac. DISCUSSION: - ACTION: Council Agenda Item No. 4F CITY OF CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 VZR7=1r�% MEMORANDUM October 1, 1991 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: PROPOSED SEA-TAC SEWER EXTENSION The City of Sea-Tac has requested that the City of Kent extend sanitary sewer service in order to serve property within its corporate limits. The request would involve extending the existing sewer line on S. 212th Street eastward across the Green River and along the 212th R/W to the City of Sea-Tac which lies between the Orillia Road and Interstate 5. At the Council's Public Works Committee meeting of September 17 , 1991, the "engineering concept" of the proposed extension was endorsed by Committee. There was no action by the Committee on the extension request itself; this matter was forwarded to the Planning Committee for action. The Council ' s Planning Committee' s review was also made on September 17, 1991. Because of concerns about land use impacts in the adjacent agricultural area as well as the hillside area west of Orillia Road, the Planning Committee voted to disapprove the request to extend sewer. JPH:FS:sea-tac.ext cc: Fred Satterstrom CITY COUNCIL PLANNING COMMITTEE MINUTES SEPTEMBER 17 , 1991 PAGE 2 SATELLITE MUSEUM IN KENT (L. Van Nest) Linda Van Nest, President of the White River Valley Historical Society, discussed the possible siting of a satellite historical museum in the City of Kent. Ms. Van Nest stated Park Orchard Elementary School has agreed to donate� ,a 1876 replica log cabin, constructed for the State Bicentennial, which must be moved from their grounds in order to expand a playfield. The log cabin is approximately the size of a portable classroom. Ms. Van Nest is in the process of talking with Kent School District officials to surplus the cabin. The historical society is interested in moving the log cabin to a downtown Kent location with easy pedestrian access. Possible museum sites might include,the Burlington Green (near the gazebo) , the municipal parking lot where. the Saturday Market is held, or the small park located at the corner of 1st Avenue and Titus Street. Assistant City Attorney Morris indicated another option for siting the museum is to offer tax reductions to a property owner who would be willing to freeze their property in perpetuity with this building on it as a historical feature. Planning Director Harris indicated staff would complete a financial analysis forImoving and siting the cabin. Ms. Van Nest suggested contacting Rod Robbins who moved the Burke house and moves the school portable buildings. SEA TAC BOUNDARIES (J. Harris) Planning Director Harris stated that in response to the City of Sea Tac ' s proposed annexation of 350 acres which lie outside of Sea Tac, Kent and Tukwila, the Staff Annexation Committee has recommended the boundary be set at S. 200 Street and west along 200th to the brow of the hill, but not to include Military Road. Fire Chief Norm Angelo stated the crucial issue from the Fire Department standpoint is speed of service to Military Road and down the hill. The Sea Tac Fire Department could better serve Military Road, while the Kent Fire Department could better serve the area to the brow of the hill. Councilmember Houser MOVED and Councilmember Orr SECONDED a motion to recommend the City Council adopt a resolution stating the City of Kent ' s ultimate boundary should be S. 200 Street on the north, westerly along 200th to the brow of the hill, south along the brow of the hill to were it meets the City of Sea Tac boundaries. Motion carried. Councilmember Orr stated representatives from the City of Sea Tac attended today' s Public Works Committee meeting to discuss the issue of extending sewer service to a specific 200 acre parcel. The Public Works Committee passed a motion recommending the City CITY COUNCIL PLANNING COMMITTEE MINUTES SEPTEMBER 17, 1991 PAGE 3 Council accept only the "engineering concept" that it is possible for the City of Kent to extend sewer service, but did not take action on extending the service. The Public Works Committee feels that from a planning and impact standpoint, the Planning Committee should make a recommendation on whether or not to approve the sewer extension. Councilmember Orr stated it is not in Kent' s best interest to extend sewer service to Sea Tac. They have indicated they are interested in serving only one 200 acre piece of property with the sewer extension. Sea Tac would not be able to afford to pay for the sewer extension with just the one project. It would take massive development in that area to tie into the sewer to help pay for it, and Sea Tac has talked about building 1500 to 2000 apartments. Councilmember Houser MOVED and Councilmember Orr SECONDED not to extend sewer to the City of Sea Tac. Motion carried. The Committee asked that this item be placed on the Council agenda for October 1 under other business. The Committee suggested sending the City of Sea Tac a letter letting them know of the Committee' s recommendation not to extend sewer service, the date the issue will go to City Council, and give Sea Tac the option to attend the Council meeting to make a presentation. ADDED ITEMS STAFFING SUBURBAN CITIES (J. Johnson) Chair Johnson reported that Suburban Cities has directed its members to ask their cities to take a position on whether to provide full time staffing for Suburban Cities. At the October 1 Committee meeting, Chair Johnson will provide the Committee with the handout Suburban Cities provided, and he also would like the Council to take a position at the October 1 meeting. He pointed out that the additional fees that would be required for the City to support the necessary staff are substantial . KENT 57 APARTMENTS (J. Johnson) Chair Johnson stated there is a need to review zoning code provisions that allows apartments as a conditional use in non- multifamily zones. He is concerned about the potential for apartments being build in undeveloped Community Commercial zones and other zones that allow apartments as a conditional use. He stated if we allow this, we are defeating the purpose of our original intent which was to try to reduce potential development of some multifamily in the City. PUBLIC WORKS COMMITTEE September 17, 1991 PRESENT: Jim White Carol Morris Leona Orr Jim Hansen Steve Dowell John Bond Don Wickstrom Norm Angelo Tom Brubaker Roger Lubovich Doug Sutherland, Bruce Rayburn, Joan Crueger, Mike Sharp, Frankie Keyes, Jack Wagner, Franklin Teter, Keith Carpenter, Bill Doolittle, J. Scalzo, J.R. Hoffnauer, John Kiefer, William Joy, Edward J. Pawlowski, William Carleton Sea-Tac Sewer Service Doug Sutherland indicated their request is to provide sewer service to property within the boundaries of the City of Sea-Tac. He indicated their original proposal included sizing the main such that it could serve all of the unsewered property regardless of whose jurisdiction it eventually becomes. Additionally, the proposal addressed Kent ' s concerns about development impacts by its proposed design. Sea-Tac would construct the sewer system at its expense and would need an easement to connect to Kent ' s sewer stub on 212th on the east side of the river. Mr. Sutherland stated they have been working on this request for some time and would like to be able to move ahead. Wickstrom clarified that Kent would not be granting an easement for their connection but a franchise which can have a duration as well as set conditions . Dowell raised questions about the area to be served by Sea-Tac as well as the zoning of the area . Wickstrom clarified that the first step was to determine whether Committee is willing to allow service. The next step would be to identify what conditions should be tied to the service. Orr asked that since it appears the line would run through the 392 acres that is currently in the County, would that allow the County to develop the property using the sewer. Wickstrom stated the franchise could be conditioned to servicing the existing boundaries within the City limits of Sea-Tac with any future expansion, either outside its boundaries or to newly annexed areas, subject to renegotiation of the franchise. Wickstrom confirmed for Dowell that the engineering of the project is feasible. Dowell stated he felt that the Public Works Department would be working on the engineering end of this but it seems the people who do the planning for the City of Kent would be the ones to make the determination whether to even consider it. Carol Morris expressed concerns about whether conditions on the franchise by which Sea-Tac would restrict itself from providing services would be enforceable. She indicated she would like to research the matter. Leona Orr indicated the Public Works Committee September 17, 1991 Page 2 Planning Committee has briefly discussed the request but there have been concerns raised about how to mitigate the impact to the City if development is opened up in this area. Dowell stated that if this is feasible from an engineering standpoint he would have no problem sending this to the Council for a decision but he felt that the Planning Committee should be reviewing it first. Orr stated that it appears this will be a very expensive project to construct and that doing so for one development does not make economical sense and she feels that other development will have to occur to help offset the expense and that could have negative impacts on the city. Jim White stated he thought that the last time this was discussed that Administration was asked to develop further information on the request. Jim Hansen stated that Sea-Tac had asked to split the issues and address only the sewer connection request. Hansen stated he felt the issues were inseparable particularly given the planning implications in two areas - one, the potential density to support the costs and the other is a potential contradiction of Council ' s 1983 agricultural land policy. Dowell suggested that the Public Works Committee recognize that the project is feasible from an engineering standpoint. Orr stated she would support such a motion with the condition that this is in no way a recommendation for approval of this extension. After further discussion,- Dowell moved to approve the engineering concept of the project, and the engineering concept only, to the Council for. the October 1 meeting. The Committee unanimously approved the motion. Assistance with Side Sewer Repair Mrs . Crueger addressed the Committee concerning a side sewer repair she had to make to her rental property. She asked for assistance with the cost of the repair since the break in the side sewer was under the street. The repair of the side sewer required cutting the road and restoring it. Mrs. Crueger indicated the cost for the total repair was $5, 637 . She indicated that the rest of the street is in poor repair. Wickstrom explained that the property owner is responsible for repair of the side sewer up to the main, including the tee. Carol Morris and Tom Brubaker clarified that the property owner has fee title to the property to the middle of the street and the City has an easement for street purposes so the side sewer is still on her property. With the existing City ordinance which requires the property owner to repair the side sewer up to the main, there is no way we can offer financial assistance without it being construed as a gift of public funds for private purposes. qF October 1, 1991 TO: Mayor Dan Kelleher and Council Members FR: Tracy Faust RE: Sea Tac sewer extension I urge you to reject the idea of extending sewer service to Sea Tac up the west side of the valley. The area west of the Green River has been designated as a greenbelt. The City of Kent has made a commitment to preserving open spaces. Extending sewer service outside our boundaries will ensure that Kent is surrounded by high densi _y multifamily housing on the west, defeating the greenbelt intent. The effect of increased population in that are.3 will have a negative impact on traffic through Kent, especially 212th and the small roads near it such as Frager Road. My neighbors and I are concerned that we would have to pay impact fees to help pay for the sewer line. Our neighborhood is currently zoned RA-1; we all have septic tanks. Having to tie in to the sewer line would force all of us out and turn our neighborhood into a collection of deserted houses. It is inevitable that the 212th area west of the Green River would then become commercial strip development and high density apartments. Even a dedicated line that passes by us without hookups has this potential , Kent must grow, but the City has made a commitment to preserving part of its rural character as well. This sewer is not consistent with that vision, and I urge you to reject it. n �=Cy CITY Of 1U\�� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM October 1 , 1991 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P: HARRIS, PLANNING DIRECTOR SUBJECT: REQUEST FOR EXTENSION OF WESTBROOK COMMERCE CENTER PRELIMINARY PLAT (#SU-86-2 formerly Norpac Division III) As noted in the attached letter from Mark W. Stiefel, progress is being made to accomplish the conditions which were part of the approval of the preliminary plat and obtain the necessary approvals from U. S. Army Corps of Engineers. However, more time will be required to obtain the approvals and then finish the work on the remaining conditions. The City of Kent' s Subdivision Code allows for the City Council to grant a yearly extension of a preliminary plat, if progress is demonstrated towards accomplishing conditions of plat approval. Staff recommends an extension of one year for the Westbrook Commerce Center Preliminary Plat (#SU-86-2) ; the extension is to expire on October 6, 1992 . CP/ch: su862 .ext Enclosure kpff consulting engineers ��� oF September 12, 1991 Mr. James Harris Director of Planning City of Kent 220 4th Ave. South Kent, WA 98032-5895 Subject: Westbrook Commerce Center SU-86-2 Request for Time Extension Dear Jim: On behalf of Glacier Park Company, we request that the City of Kent approve a one year extension on the preliminary plat approval from October 6, 1991, to October 6, 1992. The City Council has already granted one extension from October 6, 1990, to October 6, 1991. On September 4, 1991, we submitted a letter to your office explaining the status of the project and permits still under review. The applicant has been working with the Seattle District Corps of Engineers to complete the Section 404(b)1 permit process for authorization to fill over one acre of wetlands. Recent communications with the Corps indicate they may favorably consider the project if the amount of wetland fill is reduced to about 3.5 acres. The Eastbrook Business Park, SU-89-5, which was approved January 1990, is tied to development of the Westbrook Commerce Center. A comprehensive development plan for both projects includes centralized storm drainage, water quality and wetland mitigation improvements. We believe it is in the best interest of the City of Kent to allow Glacier Park Company additional time to complete the final plat process. Significant investments of time and resources have been made to obtain approvals. Please notify ou, office immediately of any additional information you may need to respond to this request. If necessary, we would be happy to meet with City staff and the City Council. Sincerely, Z�24t� Mark W. Stiefel, P.E. Project Manager MWS:cjs cc: Marty Sevier, Glacier Park Company Don Marcy, Cairncross & Hempleman Ron Kranz, David Evans & Associates 89713.1 1201 third avenue,suite 900,seattle,wa 98101 (206) 622-5822 fax: 622-8130 los angeles portland Seattle r CITY OF CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 V7HC MEMORANDUM October 1, 1991 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: ADDED CONSENT CALENDAR ITEM - VAN DOREN'S LANDING PHASE I FINAL PLAT NO. SU-87-4 This is a request for the Council to set October 15, 1991 as the date for a public meeting to consider Van Doren' s Landing Phase I final plat map. The property is approximately 104 . 5 acres in size and is located at the southwest corner of 228th Street and West Valley Highway. JPH/mp:c:su874 .mem CONTINUED COMMU14ICATIONS A. _.._ R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS - FAIR HOUSING v- r' MEMORANDUM DATE: October, 1, 1991 TO: Rent City Council FROM: Roger Lubovich, City Attorney ` RE: Impact of Fair Housing Act 1988 Amendments on requirement to limit number of bedrooms ISSUE You have asked for an opinion as to whether a developer can limit the number of bedrooms in a proposed apartment complex in order to reduce the potential number of children residing in the complex without violating the Fair Housing Act discrimination clause. BACKGROUND A developer requested a conditional use permit to develop 57 apartment units in a CC, Community Commercial, zone on approximately 2 . 5 acres of property. The Kent Hearing Examiner denied the request because the multifamily development would not be compatible with the multifamily developments already in the area. The Hearing Examiner said, "Considerations appropriate to this particular case include the impact of additional residents (especially school-aged children) (emphasis added) on available recreational facilities, on existing residents in surrounding residential developments and on the school district. " The Examiner then continued in his findings that the permit could be reconsidered if the development was re-designed for primarily one- bedroom apartments rather than two and three bedroom apartments to "reduce the possibility of a significantly higher number of children in the area. " The question then becomes whether it is permissible to limit the number of bedrooms without running afoul of the Federal and State Fair Housing Act. APPLICABLE LAW The 1965 Fair Housing Act (FHA) was amended in 1988 to expand the categories of discriminatory housing practices to include discrimination on the basis of handicap or familial status. There is no comparable state law that includes discrimination on the basis of familial status although the state statute has always included handicap. The FHA amendments make it unlawful To discriminate in the sale or rental, or otherwise make unavailable or deny, a dwelling to any buyer or renter because of familial status. (Emphasis added. ) Some maintain that the underlined language prohibits discriminatory land use and zoning controls that restrict or eliminate housing choices for families with children. Section 807 (b) (2) of the Act makes zoning restrictions that have the effect of excluding families with children clearly illegal. However, §807 6 (d) provides that the FHA is not intended to limit the applicability of any reasonable local, state or federal restrictions on the maximum number of persons permitted to occupy a dwelling unit. As the Committee on the Judiciary's report elaborates: A number of jurisdictions limit the number of occupants per unit based on a minimum number of square feet in the unit or the sleeping areas in the unit. Reasonable limitations by governments would be allowed to continue, as long as they were applied to all occupants, and did not operate to discriminate on the basis of . . . familial status. (emphasis added) This provision would seem to allow a municipality to limit occupancy to a given number of persons per square foot or to two or fewer persons per bedroom. HUD agrees to some extent with the Committee's interpretation but says that such occupancy requirements as number of sleeping areas or bedrooms must be reasonable. The owner or manager must show however that the standard does not unreasonably restrict housing for families with children. Any doubt should be resolved against the landlord. 24 CFR Part 100. Because the FHA Amendments are so recent there is little case law on the provision against discrimination based on familial status. Most of the case law concerns blanket age prohibitions, not finer distinctions such as number of bedrooms. Two recent California cases suggest that a rule or provision that limited the number of housing units available to families is acceptable as long as there is not a "wholesale" exclusion of children from housing otherwise open to the general public. Colony Cove Assocs. v. Brown, 269 Cal. Rptr. 234 (1990) ; Schmidt v Superior Court, 256 Cal. Rptr. 750 (1989) . Given this approach it is clear that a limitation on units with more than one bedroom would not violate the FHA as long as the families had some access to housing at the 57 Apartment complex. It should be noted that the two California cases concerned mobile home parks that excluded children. The FHA amendments grandfathered in cases where exclusions existed prior to the adoption of the amendments. To prove discrimination a potential renter at the 1157" would have to show either discriminatory intent on the owner' s part or that the bedroom limitation has the effect of discriminating against families. Courts have tended in race cases to apply the effects test. In this situation an aggrieved family would have to show that the limited number of units with more than one bedroom was an unreasonable restriction on families and denied them access to housing. Because there are other units available to families at the 1157" it would be an uphill battle for a challenger in this case to show discrimination. Also given the impact on the school system, parks and neighborhood this may be considered a "reasonable" restriction. But it is important to remember that any doubt should be resolved against the landlord. CONCLUSION A violation of the FHA amendments would occur if the Apartment 57 complex were to exclude all families with children. As long as the complex provides some housing to families with children it is not likely that the 1157" could be found in violation. CITY CLERK PUBLIC WORKS COMMIT September 17, 1991 PRESENT: Jim White Carol Morris Leona Orr Jim Hansen Steve Dowell John Bond Don Wickstrom Norm Angelo Tom Brubaker Roger Lubovich Doug Sutherland, Bruce Rayburn, Joan Crueger, Mike Sharp, Frankie Keyes, Jack Wagner, Franklin Teter, Keith Carpenter, Bill Doolittle, J. Scalzo, J.R. Hoffnauer, John Kiefer, William Joy, Edward J. Pawlowski, William Carleton Sea-Tac Sewer- Service Doug Sutherland indicated their request is to provide sewer service to property within the boundaries of the City of Sea-Tac. He indicated their original proposal included sizing the main such that it could serve all of the unsewered property regardless of whose jurisdiction- it eventually becomes. Additionally, the proposal addressed Kent' s concerns about development impacts by its proposed design. Sea-Tac would construct the sewer system at its expense and would need an easement to connect to Kent ' s sewer stub on 212th on the east side of the river. Mr. Sutherland stated they have been working on this request for some time and would like to be able to move ahead. Wickstrom clarified that Kent would not be granting an easement for their connection but a franchise which can have a duration as well as set conditions . Dowell raised questions about the area to be served by Sea-Tac as well as the zoning of the area. Wickstrom clarified that the first step was to determine whether Committee is willing to allow service. The next step would be to identify what conditions should be tied to the service. Orr asked that since it appears the line would run through the 392 acres that is currently in the County, would that allow the County to develop the property using the sewer. Wickstrom stated the franchise could be conditioned to servicing the existing boundaries within the City limits of Sea-Tac with any future expansion, either outside its boundaries or to newly annexed areas, subject to renegotiation of the franchise. Wickstrom confirmed for Dowell that the engineering of the project is feasible. Dowell stated he felt that the Public Works Department would be working on the engineering end of this but it seems the people who do the planning for the City of Kent would be the ones to make the determination whether to even consider it. Carol Morris expressed concerns about whether conditions on the franchise by which Sea-Tac would restrict itself from providing services would be enforceable. She indicated she would like to research the matter. Leona Orr indicated the Public Works Committee September 17, 1991 Page 2 Planning Committee has briefly discussed the request but there have been concerns raised about how to mitigate the impact to the City if development is opened up in this area. Dowell stated that if this is feasible from an engineering standpoint he would have no problem sending this to the Council for a decision but he felt that the Planning Committee should be reviewing it first. Orr stated that it appears this will be a very expensive project to construct and that doing so for one development does not make economical sense and she feels that other development will have to occur to help offset the expense and that could have negative impacts on the City. Jim White stated he thought that the last time this was discussed that Administration was asked to develop further information on the request. Jim Hansen stated that Sea-Tac had asked to split the issues and address only the sewer connection request. Hansen stated he felt the issues were inseparable particularly given the planning implications in two areas - one, the potential density to support the costs and the other is a potential contradiction of council ' s 1983 agricultural land policy. Dowell suggested that the Public Works Committee recognize that the project is feasible from an engineering standpoint. Orr stated she would support such a motion with the condition that this is in no way a recommendation for approval of this extension. After further discussion, Dowell moved to approve the engineering concept of the project, and the engineering concept only, to the Council for the October 1 meeting. The Committee unanimously approved the motion. Assistance with Side Sewer Repair Mrs. Crueger addressed the Committee concerning a side sewer repair she had to make to her rental property. She asked for assistance with the cost of the repair since the break in the side sewer was under the street. The repair of the side sewer required cutting the road and restoring it. Mrs. Crueger indicated the cost for the total repair was $5 , 637 . She indicated that the rest of the street is in poor repair. Wickstrom explained that the property owner is responsible for repair of the side sewer up to the main, including the tee. Carol Morris and Tom Brubaker clarified that the property owner has fee title to the property to the middle of the street and the City has an easement for street purposes so the side sewer is still on her property. With the existing City ordinance which requires the property owner to repair the side sewer -up to the main, there is no way we can offer financial assistance without it being construed as a gift of public funds for private purposes. Public Works Committee September 17, 1991 Page 3 Wickstrom explained for Dowell that we reduced the size of the street repair required in order to minimize the cost and that portion which had to be restored is equivalent to what existed prior. Carol Morris recommended that Mrs. Crueger file a claim through the City Clerk' s office and let the City' s insurance carrier determine if the City has any liability. The Committee concurred. Loading Zones John Bond explained there are three areas to address . There is a 15-minute parking stall on 4th by City Hall which we are requesting to change to a loading zone to enable trucks serving City Hall to park and unload. The other is on Gowe by Ben Franklin. A loading zone could be created away from the existing crosswalk. These two zones can be created with signs and pavement marking. The third is on First Avenue by George ' s Appliance. In order to create a loading zone for businesses in this area a parking stall south of the existing loading zone would have to be removed. Currently when trucks are loading in front of the appliance store the Stop Sign is obscured. Jim White stated he had no problem with the loading zones on 4th and Gowe but is concerned about the loss of a parking stall on First given the parking situation downtown and asked if there was another way to address this area. John Bond indicated that a loading zone could be created on the side of Gowe west of the railroad but that it could not be used for parking. It was suggested that proposal be reviewed with the owner of the appliance store. Bill Doolittle commented about the lack of parking around City Hall for the public and the City vehicles in the City Hall lot. Dowell moved that the loading zones be approved with the change as discussed for the one on First Avenue and that the City Administrator review the parking situation at City Hall and consider using space in the Centennial parking garage more efficiently. The Committee unanimously approved the motion. Extension of Utility Services Wickstrom stated this was referred back to the Committee for discussion on the definition of application as it pertains to the resolution. Wickstrom stated that the L. I .D. request form that was received prior to adoption of the resolution states that their signature does not commit them to an L. I . D. but simply indicates their interest and that they would like further information. Carol Morris indicated that if they came in prior to enactment of this Public Works Committee September 17, 1991 Page 4 resolution to make application for an extension of water and sewer service then that can be allowed. Wickstrom clarified that if they do not proceed with the L. I.D. process, then we would not be able to address service with a new request. Mr. Sharp stated that on March 6 an application was made for a water meter hookup for property owned by Doris Ramsted. There was a misunderstanding in what was being requested and while the issue was being cleared up, the resolution was adopted. Wickstrom explained that the hookup being requested by Ms. Ramsted requires a main line extension to service a piece of her property. Mr. Sharp explained that Mrs. Ramsted is proposing to sell this five acre portion of her property. It was further clarified that the original application was for a hookup to the main which is already at her property line. Carol Morris explained further that hookups are not addressed in the resolution only extensions. So if her request was for a hookup, even though it required an extension, we would have to approve the application. The Committee unanimously approved allowing the hookup. After some further discussion, it was determined that the Attorney's office should issue a legal opinion on this matter. East Hill Annexation Wickstrom stated this matter was referred to the Public Works Committee for a recommendation to the Council at the time they meet with the petitioners. Wickstrom indicated that moving ahead with the annexation would give us some control over implementation of the 272nd/277th corridor project and it also honors the position we have with the Boundary Review Board. In the 701s, the Boundary Review Board denied our servicing outside the City limits as they thought we should not just take the utility revenue but provide the other services as well . Through negotiation, they agreed to allow us to service outside the City limits as long as we secured covenants supporting annexation. Should the City deny this annexation, the Boundary Review Board may reconsider their past position. If we can 't service it because they are denying our services then you open the area up to other utility districts. This area in particular is not so amenable to other districts but the entire eastern franchise area has potential of being serviced by other sewer and water districts. The costs are relatively realistic as to the revenues generated and what we anticipate it to cost to service the area. Wickstrom continued that when the impacts of the overburdened Kent Kangley and Canyon Drive are considered, implementing the corridor project would relieve a Public Works Committee September 17, 1991 Page 5 significant amount of the congestion. The cost to service the proposed annexation area becomes pretty small when it is compared to what it costs the City to mitigate impacts on Canyon Drive. Wickstrom added that he would also recommend modifying the boundary as shown on the map included in the Committee 's packet to include a parcel that originally was not within the proposed annexation boundary but is under the same ownership as its abutting parcel. Thus, this would avoid splitting the parcel. He would also recommend the annexation area be subject to the city' s indebtedness. Items to be considered are whether to proceed with the annexation at all, the boundary and whether you want to adjust it, and whether the area should assume the City ' s existing indebtedness. Jim White asked what assuming the City ' s indebtedness would do to the property taxes. Wickstrom explained, referring to the information in the Committee' s packet, that the overall effect of annexation to the City versus remaining in the County is almost a wash. Overall, the property owners would save $1. 34 per $100, 000 valuation by being in the City. Dowell asked about fire and police coverage. The area is currently served by Fire District 37 . In an emergency, responses by both police and fire would be whomever can get there the fastest. The costs shown for Police are based on a cost per call . Mr. Pawlowski wanted to know if there was a law which prevented a city from annexing property to put a road through. Tom Brubaker indicated these were two separate issues. Once an annexation occurs, the city has jurisdiction over the area. A second process can take place then for approval of the road project. The annexation does not guarantee that the road project will occur. It was noted that when properties are annexed into the City they come in automatically as residential, 20, 000 square foot lots. The Planning Director reviews the area and makes recommendations as to appropriate zoning for the area within one year. Dowell inquired about the funding for the corridor. Wickstrom responded that the funding package for the corridor includes money from State grants, the $5 million in Councilmanic bonds and the mitigation agreements that have been executed by developers to mitigate their impact to the City ' s transportation system. Wickstrom indicated for Dowell that on a best case scenario it would be approximately three years before construction could start and the project would take approximately two to three years to construct. Mr. Kiefer commented that he felt that the people in the area should be notified as to what is taking place with the annexation. Tom Brubaker indicated that during the process of collecting the 60% petition, there will be community meetings held explaining all the elements of the annexation. There Public Works Committee September 17, 1991 Page 6 was an inquiry as to how the boundary of this annexation was developed. Wickstrom indicated that the Public Works Department looked at what would be a reasonable boundary to consider without splitting properties. Dowell asked about the status of the 272nd/277th corridor and whether the Council will be hearing some discussion on it soon. Wickstrom explained that the EIS has to be completed and any appeal process finalized before it can be brought before Council. Wickstrom stated that the traffic modeling has been completed and the draft EIS should be completed in approximately three months. A member of the audience indicated that the corridor would definitely be an informational issue that those impacted by this annexation will want to know about. Leona Orr moved that the Public Works Committee recommend proceeding with the East Hill annexation with the boundary modification as recommended by the Public Works Director and subject to the City' s existing indebtedness. The Committee unanimously agreed. Jim White asked Roger Lubovich his opinion about what Council can or can not hear, on the corridor project. Roger Lubovich indicated that his predecessor had issued an opinion that no Council member could communicate with residents' in the community regarding the corridor because of the SEPA process. He continued that he will be reviewing that opinion in that it is his understanding that case law indicates that only at such time as there is an appeal pending should this communication be restricted. He stressed the case isn't real clear so he wants to look at it again and provide the Council an opinion at the next Committee meeting. Authorization for Condemnation - Dover Court Storm Drainage Wickstrom explained that we have a project designed to reroute the drainage system in the Dover Court area to relieve an erosion problem. We have been unable to obtain two of the necessary easements in order to proceed with the project. Wickstrom explained that we will continue to negotiate with the property owners but are requesting authorization to condemn if negotiations are not successful . The Committee unanimously recommended approval. Authorization for Condemnation - LID 338 - Westview Terrace Wickstrom explained that we have been unsuccessful in obtaining an easement on one parcel in order to proceed with this sewer LID. We would like authorization to proceed with condemnation if we Public Works Committee September 17, 1991 Page 7 continue to be unsuccessful in our negotiations. The committee unanimously recommended approval.