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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/02/1993 C � tv of Kent ncil Meetin wMwCityCoug Agenda CITY OF Mayor Dan Kelleher Council Members Judy Woods, President Jim Bennett Paul Mann Christi Houser Leona Orr Jon Johnson Jim White November 2, 1993 Office of the City Clerk L"CITY OF U�� SUMMARY AGENDA _ KENT CITY COUNCIL MEETING November 2 , 1993 99®n�A Council Chambers 7 : 00 p.m. MAYOR: Dan Kelleher COUNCILMEMBERS: Judy Woods, President Jim Bennett Christi Houser Jon Johnson Paul Mann Leona Orr Jim White CALL TO ORDER ROLL CALL 1. PU�LIC COMMUNICATIONS A. Employee of the Month B.V Regional Justice Center Update - Presentation will be made on November 16 Proclamation - Human Services Month 2 . PUBLIC HEARINGS ) A. ' 1994 Budget - (Primary Hearing will be held on November 16) 3 . CONSENT CALENDAR A., Approval of Minutes B.y Approval of Bills C.V SEPA Code Amendments - Ordinance 31L11 D.i'' Kent/Valley Com Lease Agreement - Approval E. Corrections Facility Food Service Contract - Extension F Applewoude Estates Rezone Appeal (RZ-93-2) - Set Hearing Date G., Applewoude Estates Rezone - Set Meeting Date H.'. Applewoude Estates Preliminary Plat Appeal (SU-93-3) - Set Hearing Date I. Applewoude Estates Preliminary Plat (SU-93-3) - Set Meeting Date J.''' Capital Facilities Plan Workshop - Set Date - Reappointments - Library Board, Planning Commission, Human Services Commission 4 . OTIJER BUSINESS A. Gasoline/Convenience Store Sign Code Amendment ZCA-93-7 - Ordinance I `f - 5 . BIDS None 6 . CONTINUED COMMUNICATIONS 7 . -.JREPORTS 8 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's office and the Kent Library. An explanation of the agenda format is given on the back of this page. 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) Regional Justice Center Update Presentation will be made on November 16 1993 C) Proclamation - Human Services Month Kent City Council Meeting Date November 2 . 1993 Category Public Hearings 1. SUBJECT: 1994 BUDGET 2 . SUMMARY STATEMENT: On August 17 , the public hearing on the 1994 Budget was continued to this date. Since tonight is cElection night, the public hearing will be continued until the Council meeting on November 16 when additional public input will be received. The Budget Committee is scheduled to begin review of the budget at their meeting of November 8 at 4 : 00 p.m. Other Budget Committee meetings may be scheduled in November to review the budget before final adoption, which is scheduled for December 7 . The 1994 Preliminary Budget is available in the City Clerk ' s Office. a,r"r,vl --q1 e YL b 3 . EXHFRIVS: r NCne COy"rnent� a�-,� �, • Y-ram. Cy�d nce c� tc� t.J K L,t 4 . RECOMMENDED BY: Council (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED F L PERSONNEL IMPACT: NO X YES FISCAL PE NNEL NOTE: Recommended Not Recommended 6. EX NDITURE RE UIRED: $ _ URCE OF FUNDS: f7CITY ING: PUT: RING: COUNCIL ACTION:ilmember moves, Councilmember seconds ntinue the public hearing to the Council eting of November 16, 1993 . --1C7wdl5er\ *4-�e- DISCUSSION: ACTION• Council Agenda Item No. 2A CONSENT CALENDAR 3 . City Council Action: Councilmember moves, Councilmember /J-allti seconds that Consenj Calendar Items A through K be approved. Discussion AT I/ Action I�� Y 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of October 19, 1993 . 3B. Approval of Bills . Approval of payment of the bills received through November 2 after auditing by the Operations Committee at its meeting on N November 2 , 1993 . �V Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount Council Agenda Item No. 3 A-B Kent, Washington October 19 , 1993 Regular meeting of the Kent City Council was called to order by Mayor Kelleher at 7 : 00 p.m. Present: Councilmembers Bennett, Houser, Johnson, Orr, White and Woods, Chief Administrative Officer McCarthy, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Acting Finance Director Miller, and Human Resources Director Olson. Approximately 35 people were at the ' meeting. PUBLIC Moment of Silence. Councilmember Bennett COMMUNICATION offered a moment of silent prayer for the Valdez family and the Kent police officers who were involved in the recent tragedy on East Hill. Agency Enforcement Action. City Attorney Lubovich removed the Agency Enforcement Action item scheduled for tonight' s Executive Session from the agenda. Red Ribbon Week. Mayor Kelleher read a proclamation noting that business, government, law enforcement, schools, religious institu- tions, service organizations, youth, physicians, senior citizens, military, sports teams, and individuals will demonstrate their commitment to drug-free, healthy lifestyles by wearing and displaying red ribbons during a week-long campaign. He declared the week of October 24 through 30, 1993 , as Red Ribbon Week in the City of Kent, and encouraged citizens to participate in drug prevention education activities. The proclamation was presented to Diane Lewis. CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through O be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of October 5, 1993 . HEALTH & (CONSENT CALENDAR - ITEM 3L) SANITATION Canyon Ridge Plaza. ACCEPTANCE of the bill of sale and warranty agreement submitted by Dayton Hudson Corporation dba Target Stores, for continuous operation and maintenance of 1810 feet of water main extension, 1835 feet of street improvements and 301 feet of storm sewers 1 October 19, 1993 HEALTH & and release of bonds after expiration of the SANITATION maintenance period, as recommended by the Public Works Committee. The project is located in the vicinity of 104th Avenue SE & SE 260th Street. (CONSENT CALENDAR - ITEM 3M) Peterson Short Plat. ACCEPTANCE of the bill of sale and warranty agreement submitted by Harold Peterson, for continuous operation and main- tenance of 519 feet of water main extension, 448 feet of sanitary sewer extension, 502 feet of street improvements and 1, 101 feet of storm sewers and release of bonds after expiration of the maintenance period, as recommended by the Public Works Committee. The project is located in the vicinity of Kensington Avenue & E. Chicago Street. SEWER RATES (OTHER BUSINESS - ITEM 4B) Metro Sewer Rate Increase. The Public Works Committee has recommended adoption of an ordinance increasing the City' s sewer rates, reflecting the new increase from METRO which will take place effective January 1, 1994 . White noted that the Sewer Fund could not survive without passing this on, and MOVED for the adoption of Ordinance No. 3140 increasing the City' s sewer rates as reflected in METRO' s increase effective January 1, 1994 . Woods seconded. Bennett asked that a report be provided by staff on the reason for and use of the rate increase. The motion then carried. STREETS (CONSENT CALENDAR - ITEM 3K) Central Avenue Improvements._ AUTHORIZATION to accept as complete the contract with West Coast Construction Company for the Central Avenue Improvements project and to release retainage after receipt of State releases, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3N) Kingsport Industriall196th Corridor Middle Leg. ADOPTION of Ordinance No. 3139 authorizing the City to proceed with condemnation at Kingsport Industrial on the 196th Corridor, Middle Leg, as recommended by the Public Works Committee. 2 October 19, 1993 TRAFFIC (OTHER BUSINESS - ITEM 4C) CONTROL Star Lake Traffic Issues. Virginia Manning, 26840 Downing Avenue South, voiced concern about traffic in her neighborhood. She said that cars speed around the corners and that she has trouble getting out of her driveway because of traffic. She also expressed concern for the safety of children walking to school. She suggested speed humps in front of the school and on some of the streets. She presented a peti- tion to the City Clerk and Mayor Kelleher suggested that she attend the Public Safety Committee meetings, the Public Works Committee meetings, or both, to discuss the options avail- able. White noted that, although Manning cannot attend the Public Works Committee meeting on October 20th, they will discuss this issue and that she is welcome to attend a future meeting to discuss this. Orr added that she is welcome to attend the Public Safety Committee meeting as well. The Mayor asked that staff schedule this issue on their agendas and inform Ms. Manning. STREET USE (CONSENT CALENDAR - ITEM 3I) PERMITS Street Use Permits. ADOPTION of Ordinance No. 3138 relating to Street Use Permits, as recommended by the Public Works Committee. The ordinance repeals Chapter 8 . 02 relating to political signs, Chapter 6 . 08 entitled, "Street Occupation Permits" , and Section 9 . 36 . 040 of the Kent City Code entitled "Street Closure" . Additionally, the ordinance consolidates the permitting regulations for uses on public rights-of-way with Chapter 6 . 07 entitled, "Street Use Permits" which relates to uses in connection with property development and deregu- lates the permitting and license requirements of portable signs in public rights-of-way. WHEELCHAIR (CONSENT CALENDAR - ITEM 3J) RAMPS Downtown Wheelchair Ramp Improvements. AUTHORIZATION to accept as complete the contract with Gary Merlino Construction Company for the Downtown Wheelchair Ramp Improvements project and to release retainage after receipt of State releases, as recommended by the Public Works Committee. 3 October 19 , 1993 REZONE APPEALS (PUBLIC HEARINGS - ITEM 2A) Keck Rezone Appeal RZ-93-1 - Jack Keck. Jack Keck has filed an appeal of the Hearing Examiner ' s recommendation of approval, with conditions, of an application to rezone 1.4 acres from R1-7 . 2 , Single Family Residential, to O, Professional and Office. The property is located on the north side of Smith Street. The Mayor opened the public hearing. Fred Satterstrom, Planning Manager, pointed out that the location is on Smith and Jason, and ex- plained that three properties are included: a duplex, the Masonic Hall, and the Keck resi- dence. He noted that the rezone from Single Family Residential to Office is consistent with the Comprehensive Plan Map. He noted that the "Office" designation was adopted on the Comprehensive Plan in March 1993 , and that Mr. Keck filed a rezone which was heard by the Hearing Examiner in April . He noted that a number of people testified at that time, that the Hearing Examiner asked for some traffic studies to be done by the Engineering Depart- ment, and that in June the Hearing Examiner recommended approval with five conditions. He noted that the five conditions are the subject of this appeal, and outlined them as follows: 1. The square footage of any development on Parcel B (Masonic Lodge) or Parcel C (Keck Residence) shall not exceed 3 , 000 square feet; 2 . The number of parking spaces for any development on Parcel C (Keck Residence) shall not exceed 12 ; 3 . Commercial activity that invites public access to the properties shall be allowed only between the hours of 8 a.m. to 6 p.m. , Monday through Friday; 4 . The alleyway that adjoins Smith and East Temperance and crosses the Pringle property shall not be used to access Parcel C (Keck Residence) . 4 October 19, 1993 REZONE APPEALS 5 . Special permit uses and accessory uses shall not be allowed unless approved as a condi- tional use. Mel Kleweno, 555 W. Smith, Attorney for Mr. Keck, noted that the Hearing Examiner looked in detail at the requirements in the Code and concluded that the rezone applicant met each and every one. He pointed out that City staff recommended that the rezone application be granted. He noted that there were conditions placed on the DNS which the applicant is willing to fulfill, and that the appeal period for the DNS has long expired. Kleweno quoted from the Hearing Examiner ' s Findings and Recommendations as follows: "No development could occur on the site proposed for a rezone without some further review and approval by the City. Specific development impacts can be considered at that time. " Kleweno noted that Condition 1 states that any development on Parcels B and C shall not exceed 3 , 000 sq. ft. , but that the current Masonic Lodge is 4 , 000 sq. ft. and the Keck residence exceeds 4 , 000 sq. ft. on several floors. He noted that the most likely develop- ment of either property would be the remodel or redevelopment as it currently sits, rather than leveling the buildings. He said this condition means either parcel would have to be partially demolished or mothballed or redeveloped in a way that the structure contains only 3 , 000 sq. ft. , which does not make sense. Regarding Condition 2 , Kleweno pointed out that the City Code shows the minimum amount of park- ing space is 3 , 000 sq. ft. , and that the Hearing Examiner is trying to limit development on the property to 3 , 000 sq. ft. He noted that there could be 50 people working on the property and that they would park on the side streets, which would be an irritant to the neighbors. He said this pre-emption of the use of the spaces does not make sense and would create more problems than it would solve . 5 October 19, 1993 REZONE APPEALS Kleweno said the hours of commercial activity noted in Condition 3 unreasonably restrict the use of the property. He noted that it is possible a religious group may purchase the property and would want to use it for services on Saturday or Sunday, or that a use may require that people work from 4 p.m. until midnight. He noted that the neighbors do not want traffic during school hours, but traffic on Saturday and Sunday would not be during school hours. Condition 4 states that the alleyway that adjoins Smith and East Temperance is not to be used to access the Keck residence, and Kleweno said they believe the alleyway has been used by the owner of the Keck property in excess of seven years, making it a legal access. He noted that the Hearing Examiner has overstepped his grounds in making this type of determination. Kleweno said that Condition 5 is also unneces- sarily restrictive, and that these items can be dealt with when there is a proposal to utilize the property for office use. Kleweno pointed out that the City has taken, with compensation, some of the Keck property two or three times to widen Smith Street. He opined that the compensation was not to the extent that it rewarded him for the damage to the remainder of his property, and has affected the usability of the property as a single family residence. He said that the conditions are premature, and urged the Council to approve the rezone but reserve any conditions until the use of the property is known. Ralph Horn, 25954 130th Place SE, a member of and representative for the Masonic Hall Board, said they are in favor of the rezone but not the conditions. He explained that Mr. Keck had approached them last year about rezoning the property, noting that his property was not saleable or usable as a family residence because of its location and that he could not rezone because it would constitute a spot zone. He said that discussions between Keck and the City 6 October 19, 1993 REZONE APPEALS indicated that the Planning Department would favor rezone of the Lodge property to conforming conditional use. He noted that the Hall Board agreed to participate with Mr. Keck if there were no extraordinary costs to the Masonic Hall Association, if the City was in favor of the rezone, and if the rezone would not affect their operation. He noted that Mr. Keck has agreed to pay any mitigation fees associated with the rezone, but that the conditions added by the Hearing Examiner would seriously impact their operation. He noted that Condition 1 may re- quire them to reduce their square footage and that they cannot live with 12 parking stalls. He explained that the Masonic Hall makes money for support of the building by renting it out, and questioned whether they would be restricted from that and how the limited hours would affect it. He noted that neither their property nor the Keck property can ever be used for single family homes because of the traffic on Smith Street and because they have no access to a residential street. He urged support of the rezone without conditions. Bob Weber, 833 E. Smith, said he thought the conditions related to parking and hours were only for Parcel C. He felt the 3 , 000 sq. ft. restriction has to do with the size of the building cn the lot, not necessarily the height, and that the Keck building is not over 3 , OOO sq. ft. on the ground floor. He felt the Hearing Examiner ' s intent was that a larger building not be built if the present building was torn down. Doug Petrenchak, 504 Hazel, pointed out that there is no proof that Mr. Keck has been using the access alley for any particular period of time. He said that the limitations on hours and parking are excellent, and that if the rezone is approved the conditions need to be in place before the property is developed. Vicky Pringle, 327 Hazel, noted that neighborhood children play in the alley and that no one maintains it. She added that Keck has been using the alleyway with her permission, and the few times they stopped him, he threatened them 7 October 19, 1993 REZONE APPEALS with the police. She said she is against the rezone, but if it is granted, there must be conditions to stop Keck from using her backyard. Kathy Egan, 347 Hazel, stated that she would like to preserve the neighborhood. She noted that Keck has access from Smith Street and was compensated when land was taken. She opined that this is about money, and that the Masonic Hall should not have the conditions on their property, since they are simply trying to help the Kecks. Victoria Marvin, 907 E. Smith, said the rezone would adversely affect the neighbor- hood by causing more traffic, and voiced concern for the safety of the children. She pointed out that when Keck has garage sales he uses the alleyway, but when they have garage sales, he blocks off his end of the alley and does not allow them to enter or exit. She noted that there is no easement on that property and the taxes on it are paid by the Pringles. She added that there is no need for office buildings this close to single family residences. She said she is against the rezone, but that if it is granted, it should have conditions. There were no further comments and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. ORR MOVED to deny the appeal by Jack Keck. Johnson seconded and the motion carried. Orr later MOVED to accept the findings of the Hearing Examiner on the Keck Rezone Appeal. Johnson seconded and the motion carried. (CONSENT CALENDAR - ITEM 2B) Neck Rezone Appeal No RZ-93-1 - Lower East Hill Residents. Lower East Hill Residents have filed an appeal of the Hearing Examiner ' s recommenda- tion of approval, with conditions, of an application to rezone 1 . 4 acres from R1-7 . 2 , Single Family Residential, to O, Professional and Office. The property is located on the north side of Smith Street. The Mayor opened the public hearing. WHITE MOVED that all testimony made in the hearing on the appeal filed by Jack Keck be incorporated 8 October 19, 1993 REZONE APPEALS into this public hearing. Orr seconded and the motion carried. Doris Reed, representing the Lower East Hill Residents, voiced concern about the procedures taken, and the dates and times they took place. She objected that written notification went only to people who live within 200 ' and asked that the City review these procedures. She noted that on April 21, 1993 , the Hearing Examiner said the burden of proof is on the applicant to show that the rezone should be granted. She said the citizens of Lower East Hill do not believe the applicant has shown why the rezone should be granted. She listed five conditions which must be met for any rezone to be granted: 1. The proposed plan would be consistent with the Comprehensive Plan. Reed stated that this condition has been met, noting that the Council changed the Comprehensive Plan on March 16, 1993 , 35 days prior to the hearing before the Hearing Examiner. She asked that the City review this procedure. She noted that the houses in this neighborhood have gone through urban renewal and the residents care about the area. 2 . The proposed rezone and subsequent develop- ment of the site would be compatible with the development in the vicinity. She pointed out that the area in question is a residential community, with a park across the street. 3 . The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Reed noted that Transportation Engineer Ed White stated that Smith Street is at capacity. She agreed that the streets are full and the transportation system will be unduly burdened. 9 October 19, 1993 REZONE APPEALS 4 . Circumstances have changed substantially since the establishment of the current zoning districts to warrant the proposed rezone. She agreed that changes have taken place, but that the families have been compensated each time. She said this condition has not been properly considered by the City. 5 . The rezone would not adversely affect the health, safety and general welfare of the citizens of Kent. She said the health, safety and welfare of at least 125 families will be affected, and that only one man has testified that he needs this rezone. She noted that the owner of one of the other parcels is not in at- tendance tonight, and that the other be is concerned about how his property will be jeopardized. Reed reiterated that the applicant has not proven that this rezone is necessary, and urged denial of the rezone. Greg Gorder, 10820 SE 230th, said that none of the neighbors feel the proposed development is compatible. He noted that they were told that in the case of a rezone a traffic study would be done and the city would review it. He pointed out that the City paid for the traffic study. He also noted that traffic comes from Smith to Jason, and from the Masonic Hall down the alley, that there are sometimes 30-40 cars bumper to bumper, and that commercial activity would increase traffic. He said the safety of the residents would . be affected and urged denial. Barbara Keck, 855 E. Smith, noted that they have lived in this residence over 30 years, and that the house is now too big for them. She added that it is a historic home, and asked the Council for their support of the rezone. 10 October 19, 1993 REZONE APPEALS Lubovich clarified that this appeal is based on certain procedural errors and there will not be a decision on the rezone itself until Item 4A is discussed. The Mayor determined that the testi- mony which has been given on this item is in order and appropriate. Lubovich outlined the basis for this appeal: a procedural error regarding the traffic study, a procedural error relating to action on the Comprehensive Plan, a procedural error on the Valley Floor Plan Goal 1 regarding traffic impacts, a procedural error relating to the omission of Hazel Avenue and the alleyway from the traffic impact report, and new evidence on recommended approval issued 6/21/93 page 15 item 4 . Katherine Egan said the citi- zens of the area felt that the decision had already been made, and that they filed this appeal in order to fight the rezone every step of the way. Jean Bennett, 436 Hazel Ave. N. , voiced concern with the traffic study which was used by the Hearing Examiner to approve the rezone with the conditions attached. She questioned the use of City funds to perform a traffic study that is primarily being used for one citizen. She also voiced concern that Hazel Avenue was not included in that study, since it will be one of the most affected streets. She said it is her feeling the reason it was not included was because there are no sidewalks on Hazel Avenue. She suggested that someone look into the way the traffic study was handled. She also opined that the Planning Department had already made a decision, and this was an attempt to support Keck' s position. Upon the Mayor ' s question, Public Works Director Wickstrom noted that in this case, the Hearing Examiner asked them to do a traffic study, but that normally the applicant would be required to do the study. He added for the Mayor that he has never heard of that being requested before. Joanne Schultz, 704 E. Temperance, noted that many of these older homes have been purchased and remodeled and voiced concern for the children. She said that the rezone would change the neighborhood. Rob Hangs, 501 Hazel Avenue, said that changing the Keck residence would 11 October 19 , 1993 REZONE APPEALS affect the charm of the neighborhood. He added that if this rezone is granted, then possibly others in the neighborhood would want rezones also and soon the neighborhood would be gone. He noted that Hazel and Jason are used to avoid stoplights on Smith and James. He added that they would like to have the opportunity to raise their families in this area, as Mrs. Keck did. Greg Gorder agreed that Hazel Avenue and the alleyway should have been included in the traf- fic study. Vicky Pringle said that the Hearing Examiner had told them that he would have to consider the City ' s side more than the com- munity' s side. Kelleher explained that the Hearing Examiner must consider the laws and policies of the city, and the merits of the arguments, but not take into consideration the number of people who testify. Pringle said they felt the Hearing Examiner had already made up his mind without weighing the evidence. Mr. Kleweno resubmitted his earlier comments for the record and objected to testimony received during this portion of the appeal which was not directly addressed to the items raised in the appeal . He said the testimony which was given was not specific to the appeal points. There was no further public testimony and WOODS MOVED to close the public hearing. White seconded and the motion carried. ORR MOVED to deny the appeal by the Lower East Hill Residents. Johnson seconded. Lubovich suggested that it would be appropriate that the Council make some findings based on the testimony in this and the earlier action. He said that it would be appropriate to concur with the findings of the Hearing Examiner. He clarified for Orr that by concurring with the findings of the Hearing Examiner she is not supporting the rezone, but is looking at the findings, conclusions and recommendations and the alleged procedural errors. He said if she finds there is no basis for modification of the findings, she will be accepting the findings which pertain to this appeal. Orr said she 12 October 19, 1993 REZONE APPEALS accepts the findings of the Hearing Examiner and that he did follow proper procedure. White expressed concern about the traffic study that was done and asked whether by supporting the motion he is agreeing that the traffic study was adequate and proper. Lubovich replied that he would be, but that that would not limit him from discussing the findings or making other suggestions at a later date. The motion to deny the appeal by the Lower East Hill Residents then carried. Lubovich confirmed for the Mayor that the language regarding the findings was incor- porated into this appeal . REZONE (OTHER BUSINESS - ITEM 4A) Keck Rezone (RZ-93-1) The Hearing Examiner has recommended approval , with conditions, of an application by Jack Keck, Mel Kleweno (attorney for Jack Keck) , Rob Hamlin (Masonic Hall repre- sentative) , and Annette Koarkis, to rezone 1. 4 acres from R1-7 . 2 , Single Family Residential, to O, Professional and Office. The property is located on the north side of Smith Street. ORR MOVED to reject the findings of the Hearing Examiner and to reject the Hearing Examiner' s recommendation of approval of the Keck Rezone RZ-93-1 with conditions and to direct the City Attorney to prepare the necessary ordinance. Woods seconded. Mayor Kelleher pointed out that the Council has concurred with the Hearing Examiner 's findings on the two appeals, and it would therefore be appropriate to have specific findings as to why it is inappropriate to then approve the rezone. Lubovich agreed. Orr explained that accepting the Hearing Examiner ' s findings based on their relationship to the appeals does not necessarily mean that she accepts the findings based on the rezone, which is why she agreed to accept the findings. She noted that she has read all of the testimony and material and has walked through the neighborhood. She pointed out that although the Keck home is near a heavily traveled street, there are other homes all over 13 October 19, 1993 REZONE the city on the same kinds of streets, so that was not a valid reason for changing the zoning. She said she is not certain the traffic study was adequate, and would like an investigation into why the city paid for it and why the Hearing Examiner asked that it be done. She pointed out that Keck' s attorney discussed the increase in traffic during school hours, but that according to testimony, school hours are not the problem. She said it had to do with times children were getting on and off buses before and after school, as well as weekends and evenings. Orr noted that she was not aware before the Comprehensive Plan was changed that there would not be access from Smith Street if they were zoned Office. She stated that there is no way to know what would happen to that property in six months, so even the limited conditions discussed tonight could have been changed if Council agreed to do the rezone. She noted that some of the traffic volumes in one of the charts seem unacceptable, since she has walked through the neighborhood, and that the added traffic generated by a different use of those properties would be unacceptable. She said for those reasons she cannot support rezoning the properties to Office. She asked what can be done to reverse the Comprehensive Plan to what it was before March when the change was made, and asked that the way residents are notified of discussions on changes to the Comprehensive Plan be changed. Lubovich confirmed for the Mayor that the findings delineated by Councilmember Orr are satisfactory and legally defensible. JOHNSON MOVED to amend the motion to include the following: 1. Comprehensive Plan, Goal 1, Objective 1: Encourage the retention and rehabilitation of existing residential neighborhoods on and adjacent to the Valley Floor, especially those within and around the CBD core. 14 October 19, 1993 REZONE 2 . Comprehensive Plan, Goal 1, Objective 2 , Policy 2 : Utilize regulatory measures (e.g. , zoning) to protect neighborhoods against uses incompatible with residential development. Johnson stated that the Comprehensive Plan is meant to be a blueprint which designates land use in a particular area, and that zoning designates a specific parcel for a specific use. 3 . The proposed rezone would have adverse affects on the health, safety and general welfare of the citizens in the area surrounding the proposed rezone. Johnson said he feels the concerns of the residential owners regarding potential development are legitimate, even with restrictions. 4 . Circumstances have not changed since the establishment of the single family zone to warrant approval of the rezone request. Johnson said that while the widening of Smith Street has resulted in the loss of land in the proposed rezone, the close proximity does not prohibit the use or desirability as a single family home. Orr and Woods agreed to these amendments and they were incorporated into the original motion. Ralph Horn then withdrew the Masonic Hall Board Association' s part of the rezone application because it is not in agreement with the intent of the City and it is detrimental to the Masonic Hall. Lubovich agreed with the Mayor ' s comments that if the Council were to act to the contrary and approve the rezone, that would be impracti- cal. Mayor Kelleher suggested allowing the vote to continue, but noted that if it is voted down and a motion is made to approve the rezone, then there would be a legal problem. Lubovich agreed. The Mayor clarified that the motion is 15 October 19, 1993 CITY CONTRACTS (CONSENT CALENDAR - ITEM 3E) Contract Form Review. ADOPTION of Resolution No. 1372 establishing as a City policy the requirement that contracts executed by or on behalf of the City be reviewed and approved as to form by the City Attorney' s Office, and that contracts not requiring the signature of the Mayor under the City' s procurement code be reviewed and executed by the appropriate de- partment head. This was recommended by the Operations Committee. SISTER CITY (CONSENT CALENDAR - ITEM 3G) City of Yanqzhou, China. RATIFICATION of the Memorandum of Understanding between the City of Yanqzhou, China, and the City of Kent, Washington, establishing a Sister City Relationship. This document was signed on September 28 , 1993 during a visit to Kent by a delegation from Yangzhou. APPOINTMENTS (CONSENT CALENDAR - ITEM 3H) Arts Commission Reappointments. CONFIRMATION of the Mayor ' s reappointments of JoAnn Brady, Bev Domarotsky, Doug Gesler, Midge Sweley and Frank Zaratkiewicz to continue serving as members of the Kent Arts Commission. Their reappointments will continue to 10/31/97 . FIRE DEPT. (BIDS - ITEM 5B) Emergency Generator at Station 74 . The 1993 CIP approved the purchase and installation of an emergency generator for Fire Station 74 . The bid opening was held on October 11, with three bids received. The Public Safety Committee and Fire Administration recommend that the bid be awarded to Veca Electric Co. , Inc. , in the amount of $71, 260, plus tax. WOODS MOVED that the bid for the purchase and installation of the emergency generator at Fire Station 74 be awarded to Veca Electric Company, Inc. in the amount of $71, 260 plus sales tax, and that the Mayor be authorized to sign the contract. White seconded and the motion carried. 17 October 19 , 1993 COUNCIL (CONSENT CALENDAR - ITEM 30) (ADDED BY COUNCILMEMBER WOODS) council Absence. APPROVAL of a request from Paul Mann for an excused absence from tonight' s meeting. CITY HALL (BIDS - ITEM 5A) Uniform & Linen Services. Bid opening was held on September 30, with five bids received. The Operations Committee has recommended that the Mayor be authorized to sign a three-year con- tract with Cintas Linen in the amount of $40, 230 per year. HOUSER MOVED that the Uniform & Linen Services contract be awarded to Cintas Linen in the amount of $40 , 230 per year and that the Mayor be authorized to sign the contract. White seconded and the motion carried. PERSONNEL (CONSENT CALENDAR - ITEM 3F) Approval of Reclassifications. APPROVAL of employee reclassifications in accordance with City policy 2 . 2 . 1. , as recommended by the Operations Committee on October 5 , 1993 . FINANCE (CONSENT CALENDAR - 3B) Approval of Bills. APPROVAL of payment of the bills received through October 15, 1993 , after auditing by the Operations Committee at its meeting on November 2 , 1993 . Approval of checks issued for vouchers: Date Check Numbers Amount 10/1 - 10/15 #135117-135559 $1, 890, 923 . 52 Approval of checks issued for payroll: Date Check Numbers Amount 10/20/93 Checks 187380 - 187740 $ 294, 236. 20 Advice 10022 - 10340 383 , 759 . 26 $ 677 , 995 . 46 18 October 19 , 1993 REPORTS Planning committee. Orr noted that a workshop has been scheduled for November 30th from .n 5: 00 p.m. to 9 : 00 p.m. on the Capital Facilities a : Plan. She added that Henderson & Young will be lou� in attendance. Administrative Reports. McCarthy pointed out of that there is a status report on the Target ,e Issues in the packet. He also noted that there �d are two meetings tomorrow night related to the , at Regional Justice Center: the arts group will grc meet at 5 : 00 p.m. and the citizens and business an group will meet at 7 : 00 p.m. in the Council C Chambers at Kent City Hall . EXECUTIVE At 9 : 10 the Mayor announced an executive session SESSION cut of approximately 10 minutes to discuss labor cus. negotiations and property acquisition. ion ADJOURNMENT The meeting reconvened and adjourned at ted i 9 : 30 p.m. /J Brenda Jac ber, CMC Jac: City Clerk erk� 19 Kent City Council Meeting Date November 2 . 1993 G/fit% Category Consent Calendar C, 1. SUBJECT: SEPA CODE AMENDMENTS - ORDINANCE yl 2 . SUMMARY STATEMENT: Adoption of Ordinance No. amending the Public Notice Section of the Kent City Code (11. 03 . 320) , as recommended by the Planning Committee, regarding the State Environmental Policy Act (KCC 11. 03 . 410) . The amendments recommended for approval are: 1) for the City to give notice whenever the City issues a determination of nonsignificance, a determination of significance, and an addendum to any existing environmental document; 2) in addition, post the property; 3) publish notice in a newspaper; and 4) notify all parties of record. 3 . EXHIBITS: Ordinance and Planning Committee Minutes, 10/19/93 4 . RECOMMENDED BY: Planning Committee (3-0) (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. 3C i ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to land use and zoning, amending Section 11. 03 . 410 (A) to provide public notice of any addendum to an existing environmental document, and amending Section 11. 03 . 410 (A) (1) to provide public notice of a mitigated determination of nonsignificance, and adding a new subsection a, b, and c to indicate the manner in which public notice shall be given. WHEREAS, the Public Notice section of the Kent City Code does not presently provide for public notice to be given when any addendum is added to an existing environmental document; and WHEREAS , the Public Notice section of the Kent City Code does not presently provide that public notice be given when a mitigated determination of nonsignificance is issued; and WHEREAS , it is in the public interest to have notice of determinations relating to environmental review; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : Section 1 . Kent City Code (KCC) Section 11. 03 . 410 is hereby amended as follows: Sec. 11. 03 . 410 . Public notice. A. Whenever the city issues a determination of nonsignificance under WAC 197-11-340 (2) , a determination of III significance under WAC 197-11-360 (3) , an addendum to any existing environmental document or any existing environmental document as defined in section 11 . 03 . 320, the city shall give public notice as follows: 1. If public notice is required for a nonexempt .action, the notice shall state whether a determination of significance or determination of nonsignificance or a mitigated determination of nonsignificance has been issued and that comments are due within F teen ( ni fifteen (15) days. Notice shall be given as follows: a . Posting the property for site specific proposals; b. Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located; and C. Notifying all parties of record, any individual or group which has appeared at a City of Kent public hearing relating specifically to the issue of environmental review or submitted comments on a certain proposal . 2 . If no public notice is required for the permit or approval , the city shall give notice of the determination of nonsignificance or determination of significance h�y as follows: a. Posting the property for site specific proposals; b. Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located; and 2 C. Notifying all parties of record, any individual or group which has appeared at a City of Kent public hearing relating specifically to the issue of environmental review or submitted comments on a certain proposal. 3 . Whenever the city issues a determination of significance under WAC 197-11-360 (3) , the city shall state the scoping procedure for the proposal in the determination of significance as required in WAC 197-11-408 and in the public notice. B. Whenever the city issues a draft environmental impact statement under WAC 197-11-455 (5) or a supplemental environmental impact statement under WAC 197-11-620, notice of the availability of those documents shall be given by: 1. Indicating the availability of the draft environmental impact statement in any public notice required for a nonexempt license, and the following additional methods: a. Posting the property for site specific proposals ; b. Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located; and C. Notifying any party of record, any individual or group which has appeared at a City of Kent public hearing relating specifically to the issue of environmental review or have expressed interest in a certain proposal . C. Whenever possible, the city shall integrate the public notice required under this section with existing notice 3 i i �I �I procedures for the city' s nonexempt permits or approvals required I for the proposal . .i D. If any costs are incurred beyond the initial notice of the department ' s action, as provided in subsection A. 2 . above, the city may require an applicant to complete the public notice requirements for the applicant ' s proposal at his expense. Section 2 . Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of its application to other persons or circumstances. Section 3 . Effective Date. This ordinance shall take effect and be in force (30) days from the time of its final passage as provided by law. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 4 i i PASSED the day of 1993 . APPROVED the day of , 1993 . PUBLISHED the day of , 1993 . I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK pubnotic.ord 5 CITY COUNCIL PLANNING COMMITTEE MINUTES October 19 , 1993 4 : 00 PM Committee Members Present City Attorney ' s Office Leona Orr, Chair Laurie Evezich Jon Johnson Jim Bennett Planning Staff Other City Staff Lin Ball Tony McCarthy Jim Harris Rachel Johnston Other Guests Margaret Porter Fred Satterstrom Ron Nelson John Finke SEPA CODE AMENDMENTS (J. Harris) Planning Director Harris explained the proposed amendments regarding the State Environmental Policy Act (KCC 11. 03 . 410) . Mr. Harris discussed his memo to the Planning Committee which recommends amendments to the SEPA ordinance as follows: Section 11. 03 . 410 Public notice A. Whenever the city issues a determination of nonsignificance under WAC 197-11-340 (2) , a determination of significance under WAC 197-11- 360 (3) , an addendum to any existing environmental document or any existing environmental document as defined in section 11. 03 . 320 , the city shall give notice as follows: 1. If public notice is required for a nonexempt action, the notice shall state whether a determination of significance or determination of nonsignificance or a mitigated determination of nonsignificance has been issued and that comments are due within fourteen (14) days. Notice shall be given as follows: a. Posting the property for site specific proposals • b. Publishing notice in a newspaper of general circulation in the county city or general area where the proposal is located; and C. Notifying all parties of record any individual or group which has appeared at a public hearing or submitted comments on the proposal which is the subject of the determination. Bennett MOVED and Johnson SECONDED a motion to approve the aforementioned four amendments of the SEPA Code and forward to the City Council on November 2 , 1993 . Motion carried. Kent City Council Meeting Date November 2 , 1993 Category Consent Calendar 1. SUBJECT: KENT/VALLEY COM LEASE AGREEMENT - APPROVAL 2 . SUMMARY STATEMENT: As recommended by the Public Safety Committee, authorization for City Administration to execute a lease with Valley Communications Center for the use of land, in a form substantially similar to the attached exhibit. 3 . EXHIBITS: Lease 4 . RECOMMENDED BY: Public Safety Committee (3-0) (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. 3D LEASE AGREEMENT 1. PARTIES. This lease is executed on this day of August 1993 , by and between the City of Kent, a municipal corporation formed pursuant to RCW 35A, hereinafter Lessor, and the Valley Communications Center, an administrative agency formed pursuant to RCW 39 . 34, hereinafter Lessee. The covenants contained in this lease are made in consideration of our mutual undertakings and of the leasehold granted. 2 . PREMISES. Lessor hereby leases to Lessee, a portion of certain real property located in the City of Kent, Washington known as the Cambridge Radio Site, the leasehold property described as follows: A. The real property upon which the leased property is situated is legally described in Exhibit A attached and by this reference incorporated into this lease. 3. COMMON AREAS. The Lessor grants to the Lessee, for the use of Lessee' s authorized employees and technical personnel , the non- exclusive right to make reasonable and appropriate use of the common areas shown on Exhibit A. Said right shall expire upon the termination of this lease. Common areas include all entrances, driveways, parking areas, walkways. Lessee ' s rights shall , however, be subject to Lessor' s ownership of, and general rights to control and make changes in the common areas; and to the Lessee ' s duty to bear a pro rata share of the costs of maintaining the common areas as provided for later in this lease. Lessee agrees that Lessee ' s authorized employees and technical personnel shall be subject to the site conduct regulations attached as Exhibit B and by this reference incorporated into this lease. 4 . LESSOR' S CONTROL OF COMMON AREAS. All common areas upon which Lessee has a non-exclusive right of use, as provided for above, remain in the ownership and control of the Lessor. The Lessor has the exclusive power to construct and modify all such areas. 5. TERM. The term of this lease shall be for one five (5) year term and shall begin on the 1st day of July, 1993 , and end on the 30th day of June, 1998, unless sooner terminated as hereinafter provided. The Lessee shall have the right to renegotiate this lease for three additional terms at a rental rate mutually agreeable to the parties. A. If for any reason whatsoever, the Lessor is unable to deliver possession of the premises by the date specified for the commencement of the term of this lease, rent shall be abated until such date as possession of the premises is tendered by the Lessor, and in all other respects this lease shall remain in full force and effect and the lease term shall not be extended thereby. In no event shall Lessor be liable for damages caused by failure to deliver possession of the premises. If the Lessor does not deliver possession of the premises to Lessee within SIXTY (60) days after commencement of the term, Lessee can elect to terminate this lease by giving notice to the Lessor at any time before the date the Lessor delivers possession of the premises to the Lessee. 6. TERMINATION. This lease may be terminated by the Lessor if the Lessee fails to perform a material term, condition or covenant of this lease. A. Lessor must give Lessee prior written notice of any such default and a minimum of one hundred-twenty days (120) to cure. If Lessee fails to cure within 120 days or if Lessee 's default is not subject to cure, this lease may be terminated by Lessor upon written notice of an intention to do so. Upon Lessee' s receipt of such notice from Lessor, Lessee shall be provided a reasonable time to remove all its equipment, improvements and its facility from the leased premises. Provided, however, radio tower footings shall not be considered equipment, improvements or a part of Lessee' s facility. B. Except as provided herein, Lessee agrees to restore the Cambridge Radio site to the satisfaction of Lessor, after the removal of its equipment, improvements and facility. C. This lease may be terminated by the Lessee if Lessor fails to perform a material, term, condition or covenant of this lease. 7. RENT. Lessee promises to pay to the Lessor, a fixed rent of one hundred and seventy dollars ($170. 00) per month ($510. 00 per 2 quarter) , payable quarterly in advance at the first day of each quarter. All rents shall be made payable to the CITY OF KENT WATER UTILITY and are to be received in the office of the: City of Kent Fire Department 24611 116th Avenue S .E. Kent, Washington 98031 8. LATE PAYMENTS TAXES AND LICENSES. A. LATE PAYMENTS. THERE WILL BE A LATE COLLECTION CHARGE OF FIVE PERCENT (5%) OR THIRTY DOLLARS AND N0/100 ($30. 00) , whichever is greater, plus one percent (1%) per month interest for any delinquent rental not delivered to Lessor by the tenth (loth) day of the month. B. LICENSES AND TAXES. Lessee shall pay throughout the term of this lease, all applicable taxes, and all license and excise fees covering the business conducted on the premises. 9. USE. The Lessee promises during the term and extensions of this leasehold, fully to occupy the leased premises and to conduct the following business there: A public safety radio system including an 800 MHz trunked radio system to be used for the Lessee ' s Police and Fire Departments and by other emergency services organizations or governmental communications needs as determined by the Lessee. 10. COMPLIANCE WITH ALL LAWS AND REGULATIONS. In using the premises, Lessee will comply with all applicable laws, ordinances and regulations, from any and all authorities having jurisdiction. The Lessee specifically agrees to comply and pay all costs associated with achieving such compliance without any notice of requirement or requirements from Lessor, and that Lessor does not waive this section by giving notice of demand for compliance in any instance. 11. INDEMNIFICATION. Both parties agree that as to all claims, actions, or causes of action of whatever kind or nature including those by any person directly or indirectly employed by either party made or asserted against either or both parties and relating in any way to the subject matter of this lease each will be liable to 3 the other only to the extent of each party' s fault or causation and shall indemnify the other for such amount. As to all such claims, actions or causes of action which are the sole fault, negligence, or causation of a party to this lease agreement, such party shall have a duty to defend, save, and hold the other harmless, and upon failure to do so shall pay reasonable attorneys fees, costs and expenses incurred by the other party to this lease agreement in defense of any such third party claims for actions or in asserting its rights pursuant to this paragraph. 12 . LIABILITY INSURANCE. Lessee shall, at Lessee's expense, maintain commercial general liability insurance, insuring against any and all claims for injury to or death of persons and loss of or damage to property occurring upon, in or about the premises as a result of the acts or omissions of Lessee, its agents, employees, invitees or licensees. Such insurance shall have liability limits of not less than $1, 000, 000 . 00 in respect of one occurrence or accident, and not less than $2 , 000 , 000. 00 annual aggregate. All such insurance shall name Lessor as an additional insured, with a severability of interests indorsement. All such insurance shall be issued by carriers acceptable to Lessor and shall contain a provision whereby the carrier agrees not to cancel or materially modify the insurance without thirty days prior written notice to the Lessor. On or before taking possession of this lease, Lessee shall furnish Lessor with a Certificate of Insurance including a copy of the endorsement naming the Lessor as an additional insured, evidencing the aforesaid insurance coverage, and renewal certificates shall be issued to the Lessor at least thirty days prior to the expiration date of each policy for which a certificate was therefore furnished. The Lessor reserves the right to a certified copy of the policy on request. No use shall be made or permitted to be made of the premises, nor acts done, which will increase the existing rate of insurance upon the premises (without consent of Lessor and compensation for increased premiums) or cause the cancellation of any insurance policy covering the premises, or any part thereof, nor shall Lessee sell, or permit to be kept, used or sold, in or about the premises, any article which may be prohibited by the standard form of property insurance policies. Lessee shall, at its sole cost and expense, comply with any and all requirements, pertaining to the premises. 4 13 . LESSEE EQUIPMENT AND IMPROVEMENTS. A. Lessee agrees to install all equipment and improvements at its sole cost. Standards attached in Exhibit C shall be observed and by this reference incorporated into this lease. B. Lessee shall, at Lessee' s sole expense, perform all reasonable maintenance of and keep in good repair the equipment and improvements to be installed in the Cambridge Radio site facility and the adjacent radio tower. All RF equipment or improvements installed shall meet or exceed the standards attached in Exhibit C and by this reference incorporated into this lease. C. If after expiration or notice of an intent to terminate this lease, the Lessee wishes to sell its equipment, improvements or its facility, the Lessor may elect and the Lessee agrees to sell any of its equipment, improvements or facility to the Lessor for fair market value. 14. PERMITS. Lessee shall, at its. sole cost, be responsible for obtaining any permits or licenses that are necessary to conduct its business. 15. CONDITION OF PREMISES. The Lessee has inspected and knows the condition of the premises, and it is understood and agreed that the premises are leased on an "as is" basis without any obligation on the part of the Lessor to make any changes, improvements, or to incur any expenses whatsoever for the maintenance or repair of the premises. 16. CONSTRUCTION DEFECTS. Lessor shall not be liable to the Lessee for claims or damages arising from any defect in the construction of or the present condition of the premises, whether known or unknown, or for damage by storm, rain or leakage or any other occurrence. 17 . MAINTENANCE. Lessee shall throughout the term of this lease, without cost or expense to Lessor, keep and maintain the leased property and all improvements, fixtures and equipment which may now or hereafter exist thereon, in a neat, clean and sanitary 5 condition, and shall except for reasonable wear and tear, at all times preserve the premises in good and safe repair. 18. FORCE MAJEURE - SUSPENSION. Lessor' s failure to perform any of its obligations under this lease, shall be excused if due to causes beyond the control and without the fault or negligence of the Lessor, including but not restricted to acts of God, acts of the public enemy, acts of any government, fires, floods, earthquakes, and strikes. 19. ENTIRE AGREEMENT- AMENDMENTS. This lease and the exhibits and attachments referred to in it constitute the full and final agreement of the parties on all subjects contained within it. All prior negotiations and agreements are merged into this lease. No subsequent agreement may modify this lease unless it is in writing and signed by the parties or their authorized agents. 20. LIENS. Lessee will not permit any mechanics, labor, or materialman liens to stand against the lease premises for any labor or materials furnished to Lessee or claimed to have been furnished to Lessee or to Lessee' s agents, contractors, or sub-lessees, in connection with work of any character performed or claimed to have been performed on said property or improvements by or at the direction or sufferance of Lessee; provided however, that Lessee shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Lessee shall give to Lessor reasonable security as may be demanded by Lessor to insure payment thereof and prevent any sale., foreclosure or forfeiture of the property or improvements by reason of such non- payment. Lessee will immediately pay a judgment rendered with all proper costs and charges and shall have such liens released or judgment satisfied at Lessee' s own expense. 21. SURRENDER OF PREMISES. Upon the expiration or earlier termination of this lease and after removal of all its equipment, improvements and facility from the site, Lessee shall promptly surrender possession of the property to Lessor, and shall deliver to Lessor all keys that it may have to any and all parts of the property site. 22 . DEFAULT AND RE-ENTRY. If any rents above reserved, or other obligations provided herein, or any part thereof, shall be and remain unpaid when the same shall become due, or if Lessee shall violate or default on any of the covenants and agreements herein contained, then Lessor may cancel this lease upon failure to cure 6 following one hundred-twenty (120) days notice to cure such deficiency. 23 . ADVANCES BY CITY OF KENT FOR LESSEE. If Lessee fails to pay any fees or perform any of its obligations under this lease other than payment of rent, Lessor, City of Kent, will mail notice to Lessee of its failure to pay or perform. Twenty (20) days after mailing notice, if Lessee's obligation remains unpaid or unperformed Lessor may pay or perform these obligations at Lessee' s expense. Upon written notification to Lessee of any costs incurred by Lessor under this paragraph, Lessee will reimburse Lessor within twenty (20) days. 24. SIGNS. No sign, advertisement, notice or other lettering will be exhibited, inscribed, painted or affixed by Lessee on any part of the outside of the premises without the prior written consent of Lessor; provided, that such consent shall not be unreasonably withheld. If Lessee violates this provision, Lessor may remove the sign without any liability, and may charge the expense incurred by such removal to the Lessee; provided, however, Lessor shall give Lessee written notice of Lessee ' s violation of this provision and Lessee shall have forty-eight (48) hours after receiving said notice to comply with the terms of this provision. All signs erected or installed by Lessee shall be subject to any federal , state or local statutes, ordinances or regulations applicable to signs. 25. INSPECTION. Lessor reserves the right to inspect the premises at any and all reasonable times throughout the term of this lease; provided, that Lessor shall not interfere unduly with Lessee' s operations. The right of inspection reserved to Lessor hereunder shall impose no obligation on Lessor to make inspections to ascertain the condition of the premises, and shall impose no liability upon Lessor for failure to make such inspections. 26. ASSIGNMENT OR SUBLEASE. A. Lessee shall not assign or transfer this lease or any interest therein nor sublet the whole or any part of the premises, nor shall this lease or any interest thereunder be assignable or transferable by operation of law or by any process or proceeding of any court, or otherwise, without the written consent of Lessor first had and obtained, which consent shall not be unreasonably withheld. If Lessor shall give its consent to any assignment or sublease, this paragraph shall nevertheless 7 continue in full force and effect and no further assignment or sublease shall be made without the Lessor' s consent. B. If Lessee desires to assign, transfer, or sublease any portion of this lease or any interest therein, it shall notify Lessor in writing of said desire to assign or transfer and the details of the proposed agreement, at least thirty (30) days prior to the proposed date of assignment, transfer, or sublease to a third party. The notification shall include, but not be limited to a financial statement of the proposed assignee, including but not limited to a full disclosure of the monetary payment or any other considerations involved, and an affidavit from the proposed assignee stating he has examined this lease, understands this lease, agrees to assume and be bound by all of the Lessee's obligations and covenants under this lease, the same as if it were the original Lessee hereunder, and the proposed date of assignment, transfer or sub-lease. C. Lessor will review the request and respond with either an approval or disapproval of the request not later than ten (10) days prior to the proposed date. Disapproval of any such request shall be final and binding on the Lessee and not subject to any arbitration, provided that any approval will not be unreasonably withheld. Lessor shall charge to the Lessee a reasonable fee for administrative costs in reviewing and processing any assignment or sublease. Lessee may assign this lease to any wholly owned subsidiary without obtaining Lessor' s consent or payment of fees. 27. CONDEMNATION. A. Lessor and Lessee will give to the other immediate written notice of the receipt of notice of any proceedings with respect to a condemnation and of any intention of any authority to exercise the power of eminent domain. B. If all of the premises are taken by any lawful authority under the power of eminent domain for a period which will end on or extend beyond the expiration of the term of this lease, this lease terminates as of the date 8 condemnor takes possession, and Lessee will have no claim or interest in or to any award of just compensation except that the Lessee will be entitled to an amount equal to the fair market value of the Lessee ' s leasehold interest in any improvement taken by the condemnor made to the premises by the Lessee, but not to exceed the amount of that part, if any, of the award attributable to the value of the improvements. C. If part of the premises is taken by any lawful authority under the power of eminent domain for a period which will end on or extend beyond the expiration of the term of this lease, Lessor or Lessee may choose to terminate this lease as of the date the condemnor takes possession. If neither Lessor nor Lessee elects to terminate this lease, the rent will be reduced in the same proportion that the value of the portion of the premises to be taken bears to the value of the entire premises as of the date condemnor takes possession. Lessee will have no claim or interest in or to any award of just compensation or damages except that the Lessee will be entitled to an amount equal to the fair market value of the Lessee 's leasehold interest in the part taken by the condemnor of any improvements made to the premises by the Lessee, but not to exceed the amount of that part, if any, of the award attributable to the value of the improvements. D. If temporary use of all or a portion of the premises is taken by any lawful authority for a period, which would reduce the leasehold and consequently, would cause the premises to be untenantable for the use by Lessee for the purposes set forth in the section of this lease titled "Use, " at Lessee ' s determination, then Lessor or Lessee may choose to terminate this lease. If Lessor or Lessee elect to terminate this lease, the lease will terminate the date the condemnor takes possession and Lessee will have no claim or interest in or to any award of just compensation except that the Lessee will be entitled to an amount equal to the fair market value of the Lessee ' s leasehold interest in any improvements made to the premises by the Lessee. If neither Lessor or Lessee elects to terminate this lease, the lease will continue in full force and Lessee will be entitled to receive any award from the condemnor for the use of all or part of the premises, EXCEPT that Lessee may elect to have the rents reduced by the amount proportionally attributable 9 to any partial temporary taking, in which event the Lessee shall not be entitled to any portion of the award attributable to said use. E. It is understood and agreed that Lessee shall not be party to any negotiation or proceedings at law wherein Lessor claims compensation other than that which is defined statutorily as constituting "just compensation. " 28. ANTI-DISCRIMINATION. In all services or activities, and all hiring or employment made possible by or resulting from this lease there shall be no discrimination against any employee or applicant for employment because of sex, age (except minimum age and retirement provisions) , race, color, creed, national origin, marital status, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. This requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Lessee shall not violate any of the terms of R.C.W. 49 . 60, Title VII of the Civil Rights Act of 1964 , or any other applicable federal, state, or local law or regulations regarding non-discrimination. Any violation of this provision shall be considered a violation of a material provision of this lease and shall be grounds for cancellation, termination, or suspension, in whole or in part, of the lease by the Lessor and may result in ineligibility for further City agreements. The Lessee will also comply with other anti-discrimination laws or requirements of any and all jurisdictions having authority. 29. HEIRS AGENTS AND ASSIGNS. Without limiting any provisions of this lease pertaining to assignment and subletting, the provisions of this lease bind the heirs, legal representatives, successors, agents and assigns of any of the parties to this lease. 30. HOLDING OVER. If the Lessee holds over after the expiration or earlier termination of the term hereof without the express written consent of Lessor, Lessee shall become a tenant at sufferance only, at a rental rate equal to one hundred fifty percent (150%) of the rent in effect upon the date of such expiration (prorated on a daily basis) , and otherwise subject to the terms, covenants and conditions herein specified, so far as applicable. Acceptance by Lessor of rent after such expiration or earlier termination shall not result in a renewal of this lease nor affect Lessor' s right of re-entry or any rights of Lessor hereunder or as otherwise provided by law. If Lessee fails to surrender the 10 premises upon the expiration of this Lease despite demand to do so by Lessor, Lessee shall indemnify and hold Lessor harmless from all loss or liability, including without limitation, any claim made by any succeeding Lessee founded on or resulting from such failure to surrender and together with interest, attorney' s fees and costs. 31. HAZARDOUS SUBSTANCES. Lessee shall not, without first obtaining Lessor' s prior written approval, generate, release, spill, store, deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage, petroleum products, radioactive substances, medicinal, bacteriological, or disease- producing substances, hazardous materials, toxic substances or any pollutants, or substances defined as hazardous or toxic in accordance with applicable federal, state, and local laws and regulations in any reportable quantities ("Hazardous Substances") in or about the Premises. In the event, and only in the event, the City of Kent approves such Release of Hazardous Substances on the Premises, Lessee agrees that such Release shall occur safely and in compliance with all applicable federal, state, and local laws and regulations. Lessee shall indemnify, hold harmless, and defend Lessor from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses, including reasonable attorney's fees arising out of or in any way related to the Release by Lessee, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances in, on or about the Premises occurring at any time after the Commencement Date. 32 . NOTICES. Whenever notice must be given by one party to the other under this lease, such notice shall be in writing and shall be delivered personally or mailed by registered or certified mail to the following address: To: The City of Kent Norm Angelo, Fire Chief Kent Fire Department 24611 116 Avenue S .E. Kent, Washington 98031 To: The Valley Communications Center Chris Fischer, Director 23807 98th Avenue South Kent, Washington 98031 or to other such respective addresses as either party hereto may hereafter designate in writing. 11 33. NON-WAIVER. No failure of the Lessor to insist upon the strict performance of any provision of this lease shall be construed as depriving the Lessor of the right to insist on strict performance of such provision or any other provision in the future. No waiver by Lessor of any provision of this lease shall be deemed to have been made unless expressed in writing and signed by the Lessor. No acceptance of rent or any other payment by Lessor by Lessee after any default by Tenant shall constitute a waiver of any such default or any other default. Consent by Lessor in any one instance shall not dispense with necessity of consent by Lessor in any other instance. 34. ATTORNEY' S FEES. If an action be commenced to enforce any of the provisions of this lease, each party is responsible for its own attorneys ' fees. 35. CAPTIONS AND CONSTRUCTION. The captions in this lease are for the convenience of the reader and are not to be considered in the interpretation of its terms. 36. REMEDIES CUMULATIVE. The remedies to which the Lessor may resort under the terms of this lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which the Lessor may lawfully be entitled in case of any breach or threatened breach by Lessee of any provision of this lease. 37 . TIME IS OF THE ESSENCE. Time is of the essence to this lease. 38. SEVERABILITY. If any term or provision of this lease or the application of any term or provision to any person or circumstance is invalid or unenforceable, the remainder of this lease, or the application of the term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected and will continue in full force. IN WITNESS WHEREOF, the parties have executed this lease and subscribed their names as of the of 1993 . 12 LESSOR: CITY OF KENT BY TITLE: MAYOR STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Dan Kelleher is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Chairman of the Operations Board for Valley Communications Center to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date• Notary Public in and for the State of of Washington, residing at My commission expires LESSEE: VALLEY COMMUNICATIONS CENTER BY TITLE 13 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of the Port of Seattle to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date• Notary Public in and for the State of of Washington, residing at My commission expires APPROVED AS TO FORM: APPROVED AS TO FORM: BY BY TITLE TITLE port.doc 14 J Kent City Council Meeting Date November 2 , 1993 Category Consent Calendar 1. SUBJECT: CORRECTIONS FACILITY FOOD SERVICE CONTRACT - APPROVAL 2 . SUMMARY STATEMENT: Authorization to extend the current Food Service Contract at the Corrections Facility for a period of one year, as recommended- by the Public Safety Committee. Consolidated Food Management, Inc. has requested that their contract with the city of Kent be continued for an additional year. This was pursuant to the option of renewal as outlined in Section 11. 01 of the current contract. 3 . EXHIBITS: Letter from Consolidated Food Management 4 . RECOMMENDED BY: Public Safety Committee 10/18 /93 (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3E Consolidated Food Management, Inc. 2448-75th Avenue S. E. • Mercer Island. WA 98040 • (206) 232-9771 June 18, 1993 Captain Chuck Miller City of Kent Police Department 220 — 4th Avenue South Kent, WA 98032 Dear Captain Miller; On December 31, 1993 our service agreement with the City of Kent Jail will expire. Consolidated Food Management, Inc. would appreciate the opportunity to continue our service to the City of Kent. Pursuant to the option of renewal as outlined in section 11.01 of our agreement, Consolidated Food Management, Inc. request that our contract with the City of Kent be continued for an additional year. We have enjoyed working with your department. We appreciate the cooperation and support you and your people have given us over the past years and sincerely hope we can continue to serve the City of Kent for years to come. Sincerely, E�tl�dy.-I�IChOIaS Vice President /n Kent City Council Meeting 1 Date November 2 , 1993 Category Consent Calendar 1. SUBJECT: APPLEWOUDE ESTATES REZONE APPEAL (RZ-93-2) - SET HEARING DATE 2 . SUMMARY STATEMENT: Authorization to set November 16, 1993 , as the date for a public hearing to consider an appeal by Jeffery J. Wolfson of the denial by the Hearing Examiner of the Applewoude Estate Rezone Application (RZ-93-2) . The property is located at 10922 and 11004 S. E. 244th Street. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Hearing Examiner (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 Kent City Council Meeting Date November 2 , 1993 Category Consent Calendar 1. SUBJECT: APPLEWOUDE ESTATES REZONE (RZ-93-2) - SET MEETING DATE 2 . SUMMARY STATEMENT: Authorization to set November 16, 1993, as the date for a public meeting to consider the Hearing Examiner' s recommendation of denial for a rezone application (RZ-93-2) by Jeffery J. Wolfson. The property is located at 10922 and 11004 S.E. 244th Street.. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3G l � Kent City Council Meeting Date November 2 , 1993 Category Consent Calendar 1. SUBJECT: APPLEWOUDE ESTATES PRELIMINARY PLAT APPEAL (SU-93-3) - SET HEARING DATE 2 . SUMMARY STATEMENT: Authorization to set November 16, 1993 , as the date for a public hearing to consider an appeal by Jeffery J. Wolfson of the denial by the Hearing Examiner of the Applewoude Estates Preliminary Plat Application (SU-93-3) . The property is located at 10922 and 11004 S. E. 244th Street. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Hearing Examiner (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 w Kent City Council Meeting Date November 2 , 1993 Category Consent Calendar 1. SUBJECT: APPLEWOUDE ESTATES PRELIMINARY PLAT (SU-93-3) - SET MEETING DATE 2 . SUMMARY STATEMENT: Authorization to set November 16, 1993 , as the date for a public meeting to consider the Hearing Examiner ' s recommendation of denial for a preliminary plat application (SU-93-3) by Jeffery J. Wolfson. The property is located at 10922 and 11004 S. E. 244th Street. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Hearing Examiner (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. 3I C� G� Kent City Council Meeting t L Date November 2 , 1993 ' Category Consent Calendar 1. SUBJECT: CAPITAL FACILITIES PLAN WORKSHOP 2 . SUMMARY STATEMENT: Authorization to set November 30, 1993 , from 5: 00 p.m. to 9 : 00 p.m. as the date and time for a workshop on the Capital Facilities Plan. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Planning Committee (3-0) (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. 3J Kent City Council Meeting Date November 2 , 1993 Category Consent Calendar 1. SUBJECT: REAPPOINTMENTS - LIBRARY BOARD, PLANNING COMMISSION, HUMAN SERVICES COMMISSION 2 . SUMMARY STATEMENT: Confirmation of the Mayor' s reappoint- ments of Luella White as a member of the Kent Library Board, Edward Heineman, Jr. and Robert (Bob) McIsaac as members of the Kent Planning Commission, and Susan Ramos and Lucyle Wooden as members of the Kent Human Services Commission. Ms. White's second term on the Board will be in effect until 11/98 . Mr. Heineman and Mr. McIsaac ' s new terms are effective until 12/31/96 . Ms. Ramos and Ms. Wooden's new appointments will continue to 1/1/97 . 3 . EXHIBITS: Memorandum from the Mayor 4 . RECOMMENDED BY: Mayor Kelleher (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3K MEMORANDUM TO: JUDY WOODS, CITY COUNCIL ESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR .����—�"" DATE: NOVEMBER 2, 1993 SUBJECT: REAPPOINTMENTS TO KENT LIBRARY BOARD, PLANNING COMMISSION, AND HUMAN SERVICES COMMISSION I have recently reappointed Luella White as a member of the Kent Library Board. This will be Ms. White's second term on the Board and will be in effect until 11/98. I have reappointed Edward Heineman, Jr. and Robert (Bob) McIsaac to continue serving as members of the Kent Planning Commission. Mr. Heineman's and Mr. Mclsaac's new terms will be effective until 12/31/96. I have reappointed Susan Ramos and Lucyle Wooden to continue as members of the Kent Human Services Commission. Their new appointments will continue to 1/1/97. I submit this for your confirmation. DK:jb Kent City Council Meeting Date November 2 . 1993 Category Other Business 1. SUBJECT: GASOLINE/CONVENIENCE STORE SIGN CODE AMENDMENT ZCA-93-7 - ORDINANCE 2 . SUMMARY STATEMENT: The Planning Commission has recommended adoption of an ordinance which would amend the City's sign regulations pertaining to convenience stores with gasoline sales. This originated from a regulatory review request filed on behalf of Atlantic Richfield in June 1993 . 3 . EXHIBITS: Ordinance and Planning Commission Minutes 9/27/93 4 . RECOMMENDED BY: Planning Commission (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 V moves, Councilmember `lo--Y'l seconds to adopt Ordinance No. 314- amending the City sign regulations pertaining to convenience stores with gasoline salesF a 5 DISCUSSION: ACTION: �ti�L`w1 cli Council Agenda Item No. 4A (2) On properties where a pole sign cannot be erected due to setback requirements or building placement, a projecting sign may be allowed in lieu of the permitted freestanding sign. The projecting sign may not exceed fifteen (15) square feet in outside dimension. 2 . Identification signs for shopping centers. One (1) freestanding identification sign, which may list the names of the occupants of the shopping center, shall be permitted for each street frontage of each shopping center. The maximum sign area permitted for a freestanding sign is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet. A freestanding sign shall not exceed a height of thirty (30) feet, and may be illuminated. 3 . Automobile service station signs. The aggregate sign area for any lot shall not exceed one and one half (1 1/2) square foot for each foot of lot frontage, and the permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a. Freestanding signs. One (1) freestanding lighted double-faced identification sign, not exceeding ere hundred fifty ) two hundred square feet for the total of all aai cu faces, with no such face exceeding one hundred 100 square feet, is permitted. Such sign shall not exceed a height of thirty (30) feet. If on a corner lot, two (2) monument signs not exceeding sixty—(60) one hundred (100) square feet per sign for the total of all faces are permitted. Such monument signs shall not exceed a height of fifteen (15) feet. Freestanding signs shall be lighted during business hours only. b. Additional signs. Three (3) additional signs shall be permitted subject to the following restrictions: the total area of all signs, graphics or other advertising shall 4 it III I it i i I' ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to land use and zoning, amending Section 15. 06 . 050 (B) of the Kent City Code to allow greater sign area for convenience stores with gasoline sales. WHEREAS, the City of Kent maintains a regulatory review process wherein citizens may petition, and the City Council may endorse, amendments to the City' s Zoning Code; and WHEREAS, a regulatory review request was filed by an applicant in 1993 which proposed certain amendments to the City 's sign regulations pertaining to convenience stores with gasoline sales; and WHEREAS, the Planning Commission reviewed the regulatory change and found that the proposed sign code changes were consistent with the regulations applicable to other commercial businesses; and WHEREAS, the Planning commission held a public hearing on September 27, 1993 and voted to recommend that the Kent zoning Code be amended to allow greater sign area for convenience stores with gasoline sales, consistent with size and other limitations placed on commercial businesses ; and WHEREAS, the City council considered the Planning Commission recommendation on November 2 , 1993 and concurred with i I II the proposed modifications to the City' s sign regulations; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Kent City Code Section 15. 06 . 050 (as previously amended by Ord. No. 2810 §1; Ord. No. 3050 §§ 6, 7) , is hereby amended as follows: Sec. 15. 06 . 050 . Regulations for specific districts. In all districts the planning director shall have the option to waive sign type requirements in unique and special cases where due to building design or other special circumstance the development is unable to conform to stated standards. A. Signs permitted in residential districts. 1. Identification signs for single-family dwellings and duplexes. One (1) identification sign shall be permitted for each occupancy. The sign shall not exceed an area of three (3) square feet, shall not exceed' a height of six (6) feet above the surface of the street, shall be attached directly to a building, fence, standard or mailbox, and shall be unlighted or provided with indirect illumination. Home occupations shall not be allowed additional sign area. 2 . Identification signs for multifamily dwellings. One (1) identification sign shall be permitted for each development, except that multiple-family dwellings with more than one (1) street frontage may be allowed an additional sign for each street frontage of such lot. Each sign shall not exceed an area of twenty-five (25) square feet, may be a wall or 2 it I l+ ,i " freestanding sign, shall be unlighted or indirectly lighted, and shall not exceed a height of six (6) feet above the ground if freestanding. 3 . Farm product identification signs. No permit is required, but such signs may not be located in the public right-of-way. B. Signs permitted in neighborhood convenience commercial , community commercial , general commercial and commercial manufacturing districts. The aggregate sign area for any lot shall not exceed one and one-half (1 1/2) feet for each foot of street frontage. Aggregate sign area for corner lots shall not exceed one square foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 1. Identification signs for occupancies. Each business establishment may have one (1) freestanding sign for each street frontage if not located in a shopping center, and three (3) additional signs. a. Freestanding sign. The freestanding sign shall not exceed a height of thirty (30) feet. The maximum sign area permitted is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet. The sign may be illuminated. b. Additional signs. Three (3) additional signs shall be permitted subject to the following restrictions: (1) The total area of all signs, graphics or other advertising shall not be more than ten (10) percent of the building facade to which they are attached or on which they are displayed. 3 �I II I I I I (2) On properties where a pole sign cannot be erected due to setback requirements or building placement, a projecting sign may be allowed in lieu of the permitted freestanding sign. The projecting sign may not exceed fifteen (15) square feet in outside dimension. 2 . Identification signs for shopping centers. One (1) freestanding identification sign, which may list the names of the occupants of the shopping center, shall be permitted for each street frontage of each shopping center. The maximum sign area permitted for a freestanding sign is two hundred (200) square feet for the total of all faces . No one (1) face shall exceed one hundred (100) square feet. A freestanding sign shall not exceed a height of thirty (30) feet, and may be illuminated. 3 . Automobile service station signs. The aggregate sign area for any lot shall not exceed one and one half (1 1 2) square foot for each foot of lot frontage, and the permitted signs enumerated in this subsection shall be subject to the total aggregate sign area . a. Freestanding signs. One (1) freestanding lighted double-faced identification sign, not exceeding ene hundr .d {; F} two hundred square feet for the total of all faces, with no such face exceeding one hundred 100 square feet, is permitted. Such sign shall not exceed a height of thirty (30) feet. If on a corner lot, two (2) monument signs not exceeding sixty (60) square feet per sign for the total of all faces are permitted. Such monument signs shall not exceed a height of fifteen (15) feet. Freestanding signs shall be lighted during business hours only. b. Additional signs. Three (3) additional signs shall be permitted subject to the following restrictions: the total area of all signs, graphics or other advertising shall 4 i I �I not be more than ten (10) percent of the building facade to which they are attached or on which they are displayed. C. Fuel price signs. Fuel price signs shall be eft included €yam in the aggregate sign area, but and shall be limited to thirty (30) square feet total . 4 . Farm product identification signs. No permit is required, but such signs may not be located in the public right-of-way. C. Signs permitted in downtown commercial and downtown commercial enterprise districts. The aggregate sign area for any lot shall not exceed one and one-half (1 1/2) square feet for each foot of street frontage. The aggregate sign area for corner lots shall not exceed one ( 1) foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 1 . Identification signs for multitenant buildings. a. Wall sign. Each multitenant building may have one (1) identification wall sign for the building' s identification for each street frontage. The sign shall not exceed a total of five (5) percent of the facade to which it is attached. The sign shall not name or advertise the individual tenants of the building. Aggregate sign area shall apply. A multitenant building will have the option of the sign described in this subsection a. or the identification sign described in subsection C. l.b. of this section. b. Freestanding sign. Each building may have one (1) freestanding sign on each street frontage. The sign may not exceed fifteen (15) feet in height. The maximum sign area permitted for the freestanding sign is one hundred (100) square 5 f I. feet for the total of all faces. No one (1) face shall exceed it fifty (50) square feet. Multitenant freestanding signs shall not name or advertise the individual tenants of the building. 2 . Identification signs for occupancies. Each occupant of a multitenant building shall be permitted two (2) wall signs. Such signs shall not exceed ten (10) percent of the facade of the individual business unit. Aggregate sign area shall not apply. 3 . Identification signs for single-tenant building. a. Each building may have one (1) freestanding sign for each street frontage. The sign may not exceed a height of thirty (30) feet. The maximum sign area permitted for the freestanding sign is one hundred (100) square feet for the total of all faces . No one (1) face shall exceed fifty (50) square feet. b. Three (3) additional signs shall be permitted. All signs are subject to the aggregate sign area allowed. The total area of all signs, graphics or other types of signs shall not exceed ten (10) percent of the facade to which they are attached or on which they are displayed. D. Signs permitted in office district. 1. Generally. One (1) freestanding double-faced identification sign shall be permitted for each lot. The sign shall not exceed a maximum area of fifty (50) square feet for the total of all faces. No one (1) face shall exceed twenty-five (25) square feet. A freestanding sign shall not exceed a height of fifteen (15) feet and shall be unlighted or provided with indirect illumination. 6 2 . Identification signs for buildings. One (1) identification sign shall be permitted for each principal building. The sign shall not exceed an area of five (5) percent of the facade to which it is attached, shall be attached flat against the building, shall not project above the eave of the roof or the top of the parapet, and shall be unlighted or provided with indirect illumination. Such signs shall not advertise or name individual tenants of the building. 3 . Identification signs for occupancies. Signs not exceeding a total of five (5) percent of the facade of the business unit to which they are attached shall be permitted for each occupancy in a multitenant building when the occupancy has outside frontage. E. Signs permitted in industrial districts. 1 . Aggregate sign area. The aggregate sign area for lots in the MA and M1 districts shall not exceed one-half square foot for each foot of street frontage. The aggregate sign area for lots in the M2 and DLM districts shall not exceed three-fourths square foot for each foot of street frontage. The aggregate sign area for lots in the M3 district shall not exceed one (1) square foot for each foot of street frontage. In no case shall the aggregate sign area exceed one-half square foot for each foot of street frontage on a corner lot. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a. Identification signs for buildings. One (1) identification sign shall be permitted for each lot on each street frontage, which may be a freestanding sign or a wall sign. The maximum sign area permitted for a freestanding sign is two hundred (200) square feet for the total of all faces. No one (1) 7 face shall exceed one hundred (100) square feet. If the sign is a wall sign its size shall not exceed twenty (20) percent of the building facade. A freestanding sign shall not exceed a height of twenty (20) feet. The sign may be illuminated. b. Identification signs for occupancies. One (1) identification sign shall be permitted for each occupancy on each street frontage and shall be a wall sign. The maximum size of the sign shall be ten (10) percent of the building facade. This sign may be illuminated. If the identification sign permitted under subsection E. l . a. of this section is a wall sign, an additional wall sign may be permitted on a building facade not facing a street frontage. 2 . Farm product identification signs. No permit is required, but the sign may not be located in the public right-of-way. F. Signs permitted in planned unit developments, special use combining districts and mobile home park districts and for conditional uses. All signs in planned unit developments, special use combining districts and mobile home parks and for conditional uses shall be incorporated as part of the developmental plan and approved with the developmental plan. Subsequent changes which conform to the adopted signing program may be granted by the planning director. G. Signs permitted in shopping centers. The aggregate sign area for each occupant of a shopping center shall not exceed twenty (20) percent of the front facade of the unit. Wall signs are permitted on each exterior wall of the individual business unit. A minimum of thirty (30) square feet shall be permitted for any occupancy. No combination of signs shall exceed ten (10) 8 percent of the facade to which they are attached. If there is an attached canopy or overhang, a ten-square-foot sign may be attached to the canopy or overhang in addition to the other permitted signs. Such sign shall be at least eight (8) feet above any pedestrian walkway. Section 2 . Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of its application to other persons or circumstances. Section 3 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage as provided by law. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 9 i 111 I i i PASSED the day of 1993 . APPROVED the day of 1993 . PUBLISHED the day of 1993 . I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK comsign.ord 10 KENT PLANNING COMMISSION MINUTES September 27, 1993 The meeting of the Kent Planning Commission was called to order by Chair Heineman at 7100 pm on September 27 , 1993 in the Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Edward Heineman, Jr. Gwen Dahle Albert Haylor Bob MacIssac Kent Morrill Raymond Ward PLANNING COMMISSION MEMBER ABSENT: Kenneth Dozier Christopher Grant Janet Nuss PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Chris Holden, Recording Secretary APPROVAL OF AUGUST 23 1993 MINUTES MOTION was made to accept the August 23 , 1993 minutes as presented. The motion was SECONDED. Motion CARRIED. UPCOMING MEETINGS Mr. Harris commented on October 11, 1993 there will be a Planning Commission workshop and on October 23 , 1993 , a public hearing is scheduled to consider the Chestnut Ridge annexation zoning and Comprehensive Plan amendment. Furthermore, three meetings concerning Growth Management are scheduled as follows: October 20, 1993 , at Daniel Elementary School; October 21, 1993 , Chambers East; and October 27, 1993 , Sunnycrest Elementary School. All meetings are from 4 to 8 PM. The City Council will be holding a four-hour workshop concerning capital facilities possibly in November. tZCA-93-7 CONVENIENCE STORES/GASOLINE SALES SIGN CODE AMENDMENT (Section 15. 06. 050 Bl . A request to amend the City' s sign regulations pertaining to convenience stores with gasoline sales. 1 Planning Commission Minutes September 27 , 1993 Mr. Harris briefly described the proposed amendment to the sign code. The proposed requested amendments encompass: 1. The request proposes to change the permitted aggregate sign area calculation from a ratio of one (1) square foot of sign area for each foot of lot frontage to one and one-half (1 1/2) square feet of sign area for each front foot of lot frontage. This change, as proposed, would affect interior lots only. 2 . The aggregate sign area for freestanding signs for convenience stores with gasoline sales would be increased from 150 square feet to 200 square feet. 3 . Also, as proposed, fuel price sign area would be included in the aggregate sign. Existing regulations exempt such signs but restrict their size to 30 square feet. The Planning Department recommends that the sign code amendment be approved. Bruce Creaaer, Barghausen Engineering, 18215 72nd Avenue S. , Kent, WA 98032 , on behalf of Atlantic Richfield, concurred with the Planning Department 's recommendation of approval. He felt this is not a grant of special privilege instead convenience stores would be treated equally as other businesses. The public hearing was closed. A MOTION was MADE and SECONDED that the City sign code be amended as recommended by the Planning Department. MOTION CARRIED. A MOTION was MADE and SECONDED to adjourn. MOTION CARRIED. Respectfully submitted, 4JS2_PVVHARRIS, secretary 2 CONTINUED COMMUNICATIONS 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. BUDGET COMMITTEE H. ADMINISTRATIVE REPORTS - Town Hall Meeting THE CITY OF KENT . �J ht hAnnual H The Egg eel I Ing ti M dow all use Ho and open � jsth NOvembe Thursday 3 tthe a Center enior AotivitY WA) Kent 00 E, Sm+th St• . Kent' c6 EXHIBIT HOUR aced Schedule of Events: OPEN HOUSE ANC view exhibits prep �:00 P n' refreshments agencies and 6.0o P.M. - Enjoy of Kent related a9 by the pity anizations) community org LL MEETING m. -8.3o P.M. TO ee e ected officials, Itand boar ) 7.00 P aMd commission members INPUT ON IMPORTANT COMMUNITY ISSUES: TransPo process n lnfrastruC ty Budgeting �powntow Safety, pommunit arget Issues) and Other, opportunity to otter Will have an ito their City CISY OF� Citizens process, 51 . suggestient's Policy-mainggovernm ontact CommunityEvents atFor more nformation c r��ao�R y�.a�.�. D R A F T 8TH ANNUAL TOWN HALL MEETING AGENDA Thursday, November 18, 1993 Kent Senior Activity Center 7 :00 PM I . CALL TO ORDER - WELCOME. . . . . (Mayor Dan Kelleher) II. INTRODUCTIONS. . . . . . . . . . (Mayor Dan Kelleher) III. PRELIMINARY OPENING INPUT FROM AUDIENCE ON ANY ISSUES IV. REPORTS ON CURRENT CITY ACTIVITIES/ISSUES: A. City Budget Process - Financial State of the City (Tony McCarthy, Chief Administrative Officer - 3 Minutes) B. Land Use Planning• Growth Management Initiatives (Jim Harris, Planning Director) - 3 Minutes C. Revitalization of Downtown Kent (1) Regional Justice Center - Site Plan and Status (Art Wallenstein, King County Adult Detention Director) - 3 Minutes (2) Downtown Infrastructure Improvements (Raul Ramos, Downtown Infrastructure Development Consultant) - 3 Minutes (3) Commuter Rail Transit - 3 Minutes (Alana McIalwain, Administrative Services Manager) (4) Performing Arts Cultural Center - 3 Minutes (Patrice Thorell, Acting Parks Director) D. Improved City Services (1) Transportation Planning - Intra-City Transit (Don Wickstrom, Public Works Director) - 3 Minutes (2) Youth Center - Project Lighthouse (Cheryl Fraser, Special Populations Resource Center Manager) - 3 Minutes (3) Municipal Court (Roger Lubovich, City Attorney) - 3 Minutes V. OPEN INPUT FROM AUDIENCE ON ABOVE OR ANY OTHER ISSUES VI. ADJOURNMENT, 8 : 30 PM Parks Committee Minutes October 12, 1993 Councilmembers Present: Jim Bennett, Chair; Jon Johnson and Christi Houser. Staff Present: Tony McCarthy, Tom Brubaker, Ed Crawford, Patrice ThorelI , May Mi11er, Jack Ball , Cheryl Fraser, Raul Ramos, Karen Ford, Lori Hogan, Julie Stangle, Jim McDonald, and Pam Rumer. Others Present: Sue Rahr, King County Police; Keith Sanden, Riverbend Golf Complex; Melvin Litate, Kent School District; Hans Rasmussen, Kent Youth and Family Services; Margaret Harto, Kent Community Council for At-Risk Children and Youth; and Rosemarie Clemente, P.O. Box 5803, Kent 98064. TUDOR SQUARE PARK UPDATE Jack Ball reported that staff delivered 30 yards of topsoil to the site for community members to fill holes, and that he and Joe Hanson prepared a rough layout of a ballfield to see how it would fit on the site. Staff has informed the residents that Park Maintenance will remove any rocks which the neighborhood stockpiles from the site. The Committee thanked Parks Department staff for their work with the Tudor Square neighborhood. REPORT BY RIVERBEND GOLF COMPLEX DIRECTOR Keith Sanden reported that the numbers are up for September and through mid- October. Aerification of the golf course took place three weeks ago, and Mr. Sanden said that he and his staff have received nice comments about the condition of the course. RUSSELL ROAD COMPLEX SNACK BAR WATER HEATER Councilmember Bennett helped serve a pancake breakfast at the R.V. Roundup held at Russell Road Park, and said he was surprised to learn that there is no water heater at the concession stand. He said that much time was spent heating water. The Committee directed staff to purchase a water heater for the facility. Funding will come from the Park Maintenance budget. UPDATE ON STREET TREES/DOWNTOWN SIDEWAKS Raul Ramos reported that the City is two weeks away from going out to bid on the downtown sidewalk rehabilitation project. This first phase of the three phase project is estimated to cost $175,000. Phase I involves projects at the Titus Railroad Park and the First Avenue Plaza. Ramos has been working with the Parks Department to take advantage of doing some 2 additional work on the Titus Railroad Park, as the adjacent property owner has agreed to contribute the wall of her business for the City's mural program. The First Avenue project involves converting the brick-paved walkway to concrete. Work on the park will also resolve a potential drainage problem that would undermine the structural integrity of the adjacent buildings. Ramos announced that another collaborative effort is underway in the City involving street trees . The City has between four to six million dollars in trees, not including those trees located in City parks . Ramos said the City desires to develop a formal street management program similar to that of the cities of Seattle and Eugene, Oregon, which ensures the safety of pedestrians and encourages more pedestrain use of downtown. Ramos presented an outline of a street tree management program. Part of this program is to update the street tree list, and according to Ramos, perhaps devesiftthatrtheyprocesssof developing sthe lit to minimize uch ga plan should be completede to utilities and ) by sp�ringprojected eofnextt year. Tony McCarthy explained for Councilmember Bennett that the $175,000 to fund Phase I will come from funds which have already been budgeted for sidewalks. Ramos estimated that the City will spend $300,000 on an annual basis for street tree maintenance and sidewalk rehabilitation . UPDATE ON PROJECT LIGHTHOUSE Cheryl Fraser introduced those members of the Project Lighthouse steering committee who were present. She then introduced Lt. Sue Rahr of the King County Anti -Gang Unit to give a history of Project Lighthouse. Lt . Rahr explained that Project Lighthouse began ten months ago when a cross - section of the community began brainstorming to determine the needs of the youth in our community. Since forming, the group has realized that it can offer the program more efficiently, both as individuals and as a group, if it joins the At- Risk Council and allow them to become the umbrella agency and the structure for the group. This should take place within the next week. Melvin Litate from the Kent School District has agreed to chair the steering committee, and the committee will hire a Project Director in a few weeks. Rahr said that this is truly a collaborative effort. The group has applied for grants, and will focus on bringing in more contributing agencies in the next six months. Lt. Rahr said that the group has come a long way in a short time and hopes to keep that momentum going. She projected that as Project Lighthouse grows, it will become a nationally modeled program. Councilmember Houser commented that she read in the newspaper that teens are bringing younger sibilings to the program. She asked if there is an age limit or what the program is doing with these youngsters. Lt. Rahr explained that late 3 night teen programs throughout the County are experiencing the same thing, and these programs do not turn the youngsters away. She said that Project Lighthouse committee members discussed this going into the project. Julie Stangle informed the Committee that staff has adapted the program for the youngsters. Stangle estimated that on a daily basis, if 140 children participate in the program, at least 20 are under the age of ten. Councilmember Bennett said that he would like for the youth to be able to take advantage of opportunities at the golf course. Ideas which were mentioned include the PGA of America "Clubs for Kids" program, a fundraising golf tournament for to benefit Project Lighthouse, a potential caddy program for youth to earn money, and scholarships for youth to participate in Riverbend's summer golf camp. Sanden said that he will be happy to work with Project Lighthouse. UPDATE ON YOUTH/TEEN CENTER TASK FORCE Cheryl Fraser reported that the architectural firm of Miller Hull has been hired. The group began work in mid-September, and as per their contract, has 60 days to complete the plan. Fraser provided a copy of the work plan and a list of four sites being considered for the youth/teen center. She said the task force is trying to get a vision on paper, an analysis of the cost, and how credible it is to take it to the community and market it as a bond issue. The task force will provide more details to the Council at the October 19 workshop. SEATTLE WATER DEPARTMENT MIDWAY RESERVOIR PROPERTY UDPATE Patrice Thorell reported that based upon an inquiry at a previous meeting, Helen Wickstrom contacted the Seattle Water Department regarding the Midway Reservoir property. She was told they are looking at surplusing the property, but right now are sending information throughout the City of Seattle to see if there is any interest. The Water Department will keep the City of Kent apprised of any changes or when the property goes on the market. The assessed value of the property is $208,800. Thorell mentioned that the City of Seattle will probably have another assessment done if the property goes up for sale. BALLFIELD PROPERTY UPDATE Patrice Thorell said that staff received an inquiry regarding places to put ballfields in the valley. Staff looked at properties that may be purchased or leased agricultural properties, as these are cheaper to purchase or to develop. Staff assesssed through the Growth Management planning process that the City needs 80 acres of additional ballfields in the City of Kent in order to accommodate the need. Staff took a tour of the valley to see what is available and what potentials there are along the river. 4 Thorell reported that there is already a potential City project underway, and there may be some opportunities for Parks and Public Works to collaborate on more open space. Public Works is involved in an extensive wetlands project, and the Parks Department owns some properties along the river which have been donated. Staff spoke preliminarily with Public Works about sharing some properties . Thorell said that the property which the City may be purchasing is 35 acres of developable property. Staff will more than likely go to the citizens with a bond issue for a . The Park Department dw ulld like toopment u develop nds if lanother complex and is dlike uthe one h a ratdeRussell Roads Thorell asked if the Committee is open to the idea of collaborative uses and if staff should pursue this issue. Tony McCarthy explained that the City's desire is to leave money in the Capital . Facilities fund for the future, so that once the Capital Facilities Plan is completed and the Council decides what to do in capital facilities, the funding will be available rather than spend the money on other projects now. The Committee assured staff that they will remain open-minded. ADDED ITEM Patrice Thorell shared a letter with the Committee complimenting the Recreation and Parks Maintenance divisions on assistance they provided for the Multiple Schlerosis Super Cycle Tour that took place in Kent. Staff helped set up the course and were very cooperative. PUBLIC SAFETY COMMITTEE MINUTES OCTOBER 18, 1993 COMMITTEE MEMBERS PRESENT: Paul Mann, Chair Leona Orr Jon Johnson (was an hour late) STAFF PRESENT: Tony McCarthy, Roger Lubovich, Dave Haenel, Chief Crawford, Chief Angelo, Mary Berg, Chuck Miller, May Miller, Ron Forest MEMBERS OF THE PUBLIC: Bruce Pierce, Chris Giannoulas, Jean Parietti, Ron Knight, Ike Ikerd, Ron Kehl, Lynne Norris, Patrick Heier The meeting was called to order at 5:30 p.m. by Chairman Mann. REPORT ON WEST HILL PARKING CONCERNS Chief Crawford updated the Committee on a complaint received by Mrs. Chase regarding parking problems with commercial and non-commercial vehicles in the 262nd Place area of West Hill. He explained that a parking officer has been sent to that location almost daily to observe the situation, two citations have been given, the owner has been informed of the rules and laws of the City, and Mrs. Chase has been kept informed. He noted also that Mrs. Chase has been instructed to call 9-1-1 if this occurs during the weekend and that the Police will respond. Crawford stated that the Police Department will have to be more consistent and just keep hammering away until the individual gets the message because he's been talked to before. REVIEW OF PUBLIC SURVEY ON THE WEST HILL FfRE STATION Fire Chief Angelo explained and reviewed the findings of a public survey which was conducted concerning the old West Hill Fire Station property and what should be done with it. He noted that enough interest has been shown to proceed with some type of park setting in that neighborhood, but that a tot lot would probably not be used as much. He noted that if Council chooses to do anything other than build a tot lot, they would have to amend the original agreement with the City of Seattle. He recommended that the property be surplused and the original agreement with the City of Seattle be done even though it will not satisfy everyone. Mann and Orr expressed that they felt this issue should go to the full Council, but Orr requested that a ball park figure be given for demolition, what it would cost to develop a regular park and what it would cost to develop a tot lot park. Assistant City Attorney Haenel clarified that the agreement between the City of Kent and the City of Seattle is a settlement agreement from a lawsuit which controls and the City is bound by that agreement unless the Council agrees to go back and renegotiate the agreement. ORR MOVED that this item be sent to the full Council on 11/16/93 under other business, the property be surplused, and that the original agreement be honored. Mann seconded. Johnson concurs and the motion carried 3-0. It was later agreed to put this item under Consent Calendar rather than Other Business. 1 BIDS FOR GENERATOR SYSTEM Chief Angelo explained that the 1993 CIP approved the purchase and installation of an emergency generator for Fire Station 74 which will power up the majority of the complex because it is basically electrical, and that during windstorms and disasters it will be totally self- operational. ORR MOVED to recommend the acceptance of the low bid for the emergency generator for Fire Station 74. Mann seconded. Angelo advised that Johnson concurs and the motion carried 3-0. KENT/VALLEY COM LEASE AGREEMENT Chief Angelo explained that Valley Com now owns the building where the antenna is for the 800 MHz radio and MDT system which the City sold to them, but that the tower and building sit on the City of Kent Water Utility property. He noted that it would be appropriate to have a lease agreement whereby the City of Kent could be reimbursed for use of that land until it is determined no longer useful to the Valley Com consortium. ORR MOVED for approval of the Valley Com contract and authorization for the Mayor to sign the contract. Mann seconded. Johnson concurs and the motion carried 3-0. FIRE DEPARTMENT RESTRUCTURE-CIVIL SERVICE Ron Forest, Chair of the Civil Service Commission, explained that they were asked by the Firefighters Union Local 1747 to investigate the restructuring of the Fire Department. He noted that the investigation included the Chief Administrative Officer, the Fire Union, the Fire Department Administration, and himself. He noted that the conclusion was for the Fire Department to stay with 3 Assistant Fire Chiefs to oversee: 1) the Fire Prevention Unit; 2) the Training; and 3) the Fire Support and Administration. Upon Mann's question, McCarthy addressed the organization changes, impacts and analysis. Forest explained that the Civil Service Commission felt that even though there are a few in the training division, it has the whole department and community to train and educate in fire prevention. He noted that the Commission felt that it was a very important part of the Fire Department and should remain with 3 Assistant Fire Chiefs rather than just 2 because it covers and mans several places outside of the City limits as well. Chief Angelo submitted a letter to the Committee stating his position on this issue. He noted that to have only 2 Assistant Fire Chiefs does compromise his ability for firefighter safety and the safety of the public. Upon Mann's question, Lubovich explained that the only tool the Council has as far as this position is concerned is through the budget process, and the adoption of the budget package to include the reinstatement of this position which is proposed to be eliminated. He noted that it can be done by resolution. Upon Orr's question, Lubovich clarified that the Civil Service Commission's drafted resolution could be adopted by the Council or that another resolution could be prepared for adoption. He explained that everything has to be done through the budget process. ORR MOVED to recommend adoption of the resolution from the Civil Service Commission and, if necessary, draft a resolution to present to the Council in support of the Fire Department's Assistant Chief position. She clarified that this position should be included in the budget. Mann seconded. Johnson concurs and the motion carried 3-0. JOHNSON ARRIVED AT THE MEETING APPROX. AT 6:30 P.M. 2 NOISE ISSUES/CAFE AVANTI - COMMITTEE DISCUSSION Orr explained that she visited the Cafe Avanti very late in the evening on one occasion and found very little noise to create any problems. She expressed that Bruce Pierce, owner of Cafe Avanti, has addressed many of the concerns, and that the issue is more between the businesses located in that complex and the management rather than the City closing one business in favor of another. Mann stated that the other side needs to be examined as well because there are others losing business because of the Cafe Avanti, and that Council's responsibility is to represent the people in the community and to speak on their behalf. Johnson noted that he agrees with Orr because he visited the establishment on three occasions and found no excessive noise other than traffic. He noted that another possible solution would be to incorporate something into the zoning code dealing with conditional uses which go before the Hearing Examiner. JOHNSON MOVED that different zoning issues relating to location and what conditional uses are required for adult entertainment clubs and teen clubs be sent to the Planning Commission for further review. Orr seconded and the motion carried 3-0. PUBLIC DANCE HALL AND CLOSING HOURS FOR ALCOHOL SERVING ESTABLISHMENTS ORDINANCES After some discussion, it was the consensus of the Committee to have the Planning Commission review these two ordinances at the same time as they review the zoning issues concerning entertainment clubs in general. EXTENSION OF FOOD SERVICE CONTRACT Captain Chuck Miller explained that he had received a letter from the Consolidated Food Management, who has the current contract with the Corrections Facility to provide food for the inmates, requesting an extension of the contract for another year (through 1994). He noted that the current contract allows for the City to extend the contract, if so desired. He recommended that the contract be extended because it would cost more to change. JOHNSON MOVED to approve the extension of the current contract with Consolidated Food Management through 1994. Orr seconded and the motion carried 3-0. CITY OF SEATTLE CAR ALARM ORDINANCE/OSHA REGULATIONS ADDED BY ASSISTANT CITY ATTORNEY HAENEL Haenel explained that he is reporting back to the Committee regarding car alarms and OSHA regulations at the request of Councilman Mann. He distributed a copy of the City of Seattle's car alarm ordinance and compared it with the new noise ordinance that the City of Kent recently passed. He stated that the new ordinance is sufficient and does adequately address the auto alarms rather than to pass a new ordinance covering this issue. He also noted that OSHA regulations concerning noise inside nightclubs and various establishments are covered by Federal Codes and that in the regulations are standards for noise within an area, the different measurements that can be taken, who can be contacted to come in and measure the noise, and the different remedial avenues that are available to violating organizations. He explained that if measurements of noise levels were taken inside the Cafe Avanti, for example, and they were found to be in violation then they would have to take remedial steps to correct the problem whether it means to turn down the music to conform to the standards or provide protective earwear. He stated that it would be up to the owners of the Cafe Avanti to decide which step to take. Upon Orr's question, Haenel clarified that it would just include employees not the patrons because the patrons pay and voluntarily subject themselves to this noise and that is their 3 choice. Upon Mann's concern, Haenel explained that the City could request the Washington State Department of Labor and Industries to come in and conduct such an investigation, make a report, and get together with the owners to see what can be done. The meeting adjourned at 7:00 p.m. 4 PUBLIC WORKS COMMITTEE OCTOBER 13, 1993 PRESENT: Jim White Tom Brubaker Jim Bennett Robyn Bartelt Don Wickstrom Mr & Mrs Rust Gary Gill Steve Caputo Ed White Roger Lubovich ABSENT: Committee Member Paul Mann Kingsport Industrial/196th Middle Leg Condemnation Ordinance Wickstrom said that we have been negotiating with the property owners for several years. The property is located on the west side of the Burlington Northern tracks, east of Western Processing. Wickstrom said that we may need to condemn in order to obtain it. In response to Bennett, Wickstrom said it is not finalized at this point due to money and the property owner wants zoning changes. He explained that the zoning changes would give the owner more flexibility on the use of his site however, this is not within our control. Brubaker said that we hoped that we could negotiate a reasonable dollar figure to purchase this but at the same time, if we are unable to do so, because of the zoning and dollar issues, we want to start on the condemnation, as the property owner is well aware. Brubaker stated that we are requesting authority to begin the condemnation process which begins with an ordinance, 30 days later the ordinance becomes effective and we file the condemnation action. In response to White, Brubaker stated that it will also provide a tax benefit to the property owner however, the owner would be exempt from a excise tax payment either way. Committee unanimously recommended adoption of an ordinance authorizing the City to proceed with condemnation at Kingsport Industrial on 196th Corridor, Middle Leg. Sidewalks at Sequoia Jr. High School Wickstrom stated that we developed an estimate and met with the various property owners and they were basically negative however, the school is not going to protest but they will not firmly support this either. He said that the school 's intent was originally to put in an asphalt sidewalk. Under the covenant, the school will have to replace this with a full half-street improvement and 1 essentially will be throwing away money. Wickstrom said that since we have almost 80% in covenants we should do the improvements. Bennett feels that if all they were asking for was to asphalt along one side, and there was so much negative response, Bennett feels the timing is off and there should be a better time to do this. Wickstrom said that we are proposing to pay 30% (approximately $39, 000) and our out-of-pocket cost for the asphalt would be about $10 -$12 thousand dollars. White said that this was originally started by the school P.T.A. and students. Wickstrom said that in his experience, there is never a good economic time for an LID. Committee unanimously agreed to authorize staff to proceed with the formation of an LID. METRO Sewer Rate Increase Wickstrom explained that Metro is increasing their rate by $2 . 28 per 750 cu. ft. of sewage discharge and we are proposing to pass that on. Wickstrom went on to cover the information contained in his memo. White asked if Metro's rate increase was something we can negotiate with them. Wickstrom stated no and explained that Metro will bill us at the higher rate independent of what we do with our rate. Wickstrom said, financially the Sewer Utility cannot absorb this rate increase. On $12 , 000, 00o in revenue, there is only $500, 000 in unencumbered funds for which some of that goes towards the annual Capital Improvement program. Wickstrom noted that within the last year the Utility absorbed about $600, 000 in cost increases as attributed to the City' s Utility Tax change (charge the Utility versus the customer) and the State's Budget Balancing Excise Tax increase. Wickstrom noted that in 1995, besides another Metro increase, there may have to be a City increase. In response to White, Wickstrom said that Metro furnishes a flyer and the City explains, on that flyer, that this is Metro's increase. Committee unanimously recommended adoption of the ordinance passing on Metro' s rate increase with the effective date of the rate being January 1, 1994 . Ordinance Repealing Chapter 8 . 02 of Kent City Code Lubovich explained that this is a deregulation measure. He stated that about 2 years ago we dealt with street occupation ordinance. At that time there was discussion about real estate signs and licensing etc. , and this item became quite controversial for a while and for that reason, this new ordinance has been drafted. Lubovich said that he is recommending deregulating some of the measures in the Street Occupation Code. He explained that this new ordinance repeals Chapter 8 . 02 dealing with political signs; 6. 08 Street Occupation Code; Resolution 1303 regarding fees relating to occupation permits; and Chapter 9. 36. 040 dealing with street closures. Lubovich stated that we are consolidating any regulation 2 of use on public right of ways with our current street use code, which basically deals with construction related street use permits; deregulating any portable sign on public rights of way requiring no permits or fees. Discussion followed regarding enforcement of the Ordinance and Lubovich stated that the Public Works Director has the authority of enforcement. Committee unanimously recommended adoption of the Ordinance repealing Chapter 8 . 02 , Chapter 6 . 08 and Section 9 . 36. 040, and amending Chapter 6. 07 . Downtown Wheelchair Ramp Improvements - Accept as Complete Wickstrom explained that we had a contract with Gary Merlino Construction for immediate work associated with wheelchair ramps in various locations and the project is now complete. White asked if we are required by ADA to be doing those on James St. In response to White, Wickstrom said we are required to do them all and essentially under ADA, we will have to bring all Avenue sidewalks up to ADA standards. Committee unanimously recommended the Downtown Wheelchair Ramp Improvements be accepted as complete. Central Avenue Improvements - Accept as Complete Wickstrom explained that this is an acceptance of a contract with West Coast Construction as complete. Committee unanimously recommended the Central Avenue Improvements project be accepted as complete. Recycling Yard Waste Contract Wickstrom stated that our existing contract expires on December 31st, which includes a two month extension. He said that in getting a new extension of the existing contract, Kent Disposal submitted some costs and we didn't have any way of making a comparison. Wickstrom said we sought RFP' s as a means of determining a fair rate and in doing so we received only one other submittal from Waste Management. Wickstrom said that depending on how we implement the contract, if we go with Kent Disposal we will need a utility tax rate increase on garbage service, if we want to continue to subsidize recycling. If not, we would have to have the customer pay it directly to the recycler. Wickstrom said the preferred option would be to continue subsidizing the recycling program and to add as a separate bill, the yard waste program. If we were to subsidize the yard waste program, there would be a substantial increase in the utility tax on garbage service. Wickstrom said that under the yard waste program we are proposing to make it mandatory not to allow yard waste into the garbage as required by King County. Wickstrom said the service would be 3 voluntary. White asked why Waste Management is different from Kent Disposal. Wickstrom referenced the comparison table and said essentially Waste Management is providing a three bin separate container and Kent Disposal is continuing with their 90 gallon commingle toter with 20 gallon glass container; Waste Management would collect weekly and Kent Disposal collects every other week; Waste Management cost is $2 . 55/ month and Kent Disposal cost is $4 . 98/month. Further discussion followed with comparisons between Kent Disposal and Waste Management on frequency of collection, type of yard waste collection and cost per participating customer. Committee suggested that this be studied further and brought back to Public Works at the October 20th meeting. Steve Caputo stated that Kent Disposal would like to protest Waste Management' s response to the Request for Proposal in that it is totally non-responsive to the guidelines that were given. Canyon Ridge Plaza - Bill of Sale Committee unanimously recommended acceptance of the bill of sale on Canyon Ridge Plaza and release of bonds after expiration of the maintenance period. Peterson Short Plat - Bill of Sale Committee unanimously recommended acceptance of the bill of sale on Peterson Short Plat and release of bonds after expiration of the maintenance period. Traffic Signal at Jason & James The resident of 615 N. Jason St. stated that the neighbors on James and Jason do not want the street light at that intersection. They feel it will make a dangerous situation worse. The resident' s representative stated that they do not want the barricade system installed in front of their properties. White recommended that staff look at the model for three lanes on James. Executive Session: 6: 30 P.M. Meeting adjourned: 6 : 45 P.M. 4