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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/15/1994Agenda CITY OF Z1204T Mayor Jim White Council Members Judy Woods, President I Jim Bennett Jon Johnson Tim Clark Paul Mann Christi Houser Leona Orr February 15, 1994 Office of the City Clerk IT CITY OF Jai: M SUMMARY AGENDA KENT CITY COUNCIL 1 MEETING February 15, 94 Council Chambers 7:00 p.m• COUNCILMEMBERS: Judy Woods, President MAYOR. Jim White Tim Clark Christi Houser Jim BennettPaul Mann Leona Orr Jon Johnson CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS A. King County Councilmember Chris Vance B. Introduction of Mayor's Appointees 2. PUBLIC HEARINGS A. LID 343 - 111th Avenue SE Street Improvements (Kent- Kangley to Sequoia Junior High) 3. CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. Carpinito Business Park Rezone - Ordinance ' D. Animal Control Interlocal Agreement - Ordinance E. Worker's Compensation Trust Account Transfer - Ordinance F. Green River Trail Fence Project - Acceptance G. Interurban Trail Bridge Replacement Project - Acceptance H. R.V.'s Rest Stop - Naden Avenue - Authorization & Budget I. Drinking Driver Task Force Appointment J. Transit Advisory Board Appointment K. Council Absence 4. OTHER BUSINESS A. Ja;aes/Hobbs Annexation ?ones 5. BIDS A. Signal at Jason & Reitan 6. CONTINUED COMMUNICATIONS 7. REPORTS 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. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent (206) 854-6587. 11� 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) King County Councilmember Chris Vance B) Introduction of Mayor's Appointees Kent City Council Meeting Date February 15, 1994 Category Public Hearings 1. SUBJECT: LID 343 - 111TH AVENUE SE STREET IMPROVEMENTS 2. SUMMARY STATEMENT: This date has been set for the public hearing on LID 343, Street Improvements on 111th Avenue SE from Kent Kangley Road to Sequoia Junior High School. The Public Works Director will give a brief description of the project as well as other pertinent information. 3. EXHIBITS: Public Works Director Memorandum and vicinity map 4. RECOMMENDED BY: Council Action (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended ✓ 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to direct the City Attorney to prepare the Ordinance creating LID 343, for the improvement of 111th Avenue SE from Kent Kangley Road to Sequoia Junior High School. DISCUSSION: ACTION: Council Agenda Item No. 2A DEPARTMENT OF PUBLIC WORKS February 11, 1994 TO: Mayor White & C'ty Council Plu FROM: Don Wickstroff', Director of Public Works RE: LID 343 - 111th Ave SE Street Improvements (Kent-Kangley Rd. to Sequoia Jr. High) BACKGROUND The City of Kent has received a request for the installation of sidewalk on 111th Ave SE leading to Sequoia Junior High School. The Council's Public Works Committee has directed staff to proceed with the formation of a Local Improvement District (LID) for the construction and financing of the necessary street improvements and sidewalks. A property owner meeting was held July 28, 1993 to discuss the proposal. The City is proposing to fund a portion of the project cost with the remaining funds being provided by the formation of Local Improvement District (LID). Therefore, Resolution No. 1382 was adopted by City Council on January 18, 1994 establishing February 15, 1994 for the public hearing on the formation of LID 343. PROPOSED IMPROVEMENTS The project consists of upgrading the roadway to City Standards including the following features: 1. 36 feet wide road curb to curb (pavement widening as necessary). 2. Curb and gutter. 3. Sidewalks both sides adjacent to curb (6.5 wide cement concrete). 4. Drainage improvements. 5. Relocation of utilities and other improvements as required. 6. Asphalt overlay of existing pavement. 7. Channelization and signing. 8. Driveways constructed in the curb and sidewalk at existing driveways. 9. Street lighting on power poles. PROJECT FUNDING The total estimated cost for the construction of the proposed project including engineering, survey, construction inspection and LID costs and associated bonding costs is $141,512.14. This figure also includes a 10% construction contingency factor. The City is proposing to fund 30% of the project total which based on the cost estimate is $39,138.00. The balance of $91,322.00 shall be funded by the LID. LID bonding and associated costs are estimated at $11,052.14. This gives an LID assessment total of $102,374.14. ASSESSMENT METHOD The LID cost is distributed to the properties located on this section of 111th Avenue based on front footage along the roadway. Most of the properties are obligated by covenant to install the improvements across their frontage. Without and LID, each property would be faced with the cost of half of the street for the length of the property. Therefore with the LID, the front footage method gives a similar cost distribution. NEED FOR IMPROVEMENT The properties adjacent to the project are zoned office. Also a school is located at the end of 111th Ave SE. As such, substantial pedestrian traffic is generated. City Standards therefore require that City streets such as this, have sidewalks to address the pedestrian traffic. Sidewalks and other street improvements are required to bring 111th Avenue up to current City Standards. This need has been recognized for many years. Various properties within the LID have been required to execute no protest LID covenants for street improvements including sidewalks upon obtaining various development permits. Currently there are covenants representing 79.70% of the LID which includes 5 of the 6 properties involved. SUPPORT FOR LID As stated above, property owners representing 70.70% of the LID assessments are committed to this LID via LID no protest covenants. Since it takes only 40% support to allow an LID to be formed, Council thus has the option of proceeding with the project based on the covenants. 2 ENVIRONMENTAL The Engineering Department has received a determination of non- significance from the Planning Department. PAYMENT OF ASSESSMENT Upon Council passing, the ordinance confirming the final assessment roll (after completion of the construction), there is a 30 -day period in which any portion or all of the assessment can be paid without interest charges. After the 30 -day period, the balance is paid over a ten year period wherein each year's payment is 1/10th of the principal plus interest on the unpaid balance. The interest will be what the market dictates. T1964 KI DEPARTMENT OF PUBLIC WORKS OCTOBER 6, 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM RE: SIDEWALKS AT SEQUOIA JR. HIGH Last April a request was brought before the Committee regarding the installation of sidewalks on 111th Ave SE. This is the access road to Sequoia Jr. High. It was determined that sufficient properties had executed No -Protest LID Covenants for street improvements including sidewalks and that an LID could be formed. Therefore, the Committee unanimously agreed to proceed with the formation of the LID. The first step would be a public meeting with the affected property owners. The results, including cost estimates and property owner input would then come back to the Committee for further direction as to pursuing the LID. Since that Committee meeting, cost estimates and preliminary assessments have been calculated and a public meeting was held. Property owners were asked to complete a questionnaire stating their preference regarding the LID formation. PROPOSED IMPROVEMENTS The project consists of upgrading the roadway to City standards including the following features: 1. 36 Foot wide road curb to curb (pavement widening as necessary). 2. Curb and gutter. 3. Sidewalks both sides adjacent to curb (6.5 wide cement concrete). 4. Drainage improvements to allow filling of the ditches and curb and gutter installation. 5. Relocation of utilities and other improvements as required. 6. Asphalt overlay of existing pavement. 7. Channelization and signing including two traveled lanes, bike lanes, and left turn pockets at Kent-Kangley. 8. Driveways constructed in the curb and sidewalk at existing driveways. 9. Street lighting on power poles. 1 PROJECT COST The total estimated cost for the construction of the proposed project including engineering, survey, construction inspection and LID costs and associated bonding costs is $141,512.14. This figure also includes a lo% construction contingency factor. The City is proposing to fund 30% of the project total which based on the cost estimate is $39,135.00. The balance of $91,322.00 shall be funded by the LID. LID bonding and LID associated costs are estimated at $11,052.14. This gives of $102,374.14. See attachment for individual property assessments. QUESTIONNAIRE RESULTS Questionnaire results are as follows: Proceed with the LID 0%52,49% (#4 & 6) Do not proceed with the LID 47,51% (#1, 2, 3, & 5) Did not return questionnaire To approve an LID, property owners with combined LID assessments representing 40 percent of the total assessment must support the LID. The City has determined that owners with a combined 79.70 percent of the total LID assessment are at this time obligated to participate in this street improvement LID via executed no -protest covenants. Therefore, Council could proceed with the LID formation based on the No Protest Covenants. PROPERTY OWNER COMMENTS #6 - Edward Stein feels his assessment is excessive, however would consider supporting an LID with a smaller e arssment. He suggested u gested that the school and City should pay ger shareSee attached letter. t they are havingegf nancial 1 problems and Vewould tr not be stated be abteto pay the assessment. #5 - Kent School District (Glen Anderson) stated that the project is much more extensive than what they were originally requesting. They were not asking for a complete street improvement, with sidewalks on both sides. Their concept was an asphalt path, on one side only, from the school to Kent Kangley. They were proposing to fund the portion along the school property frontage. The request was for the City to fund the portion between the school property and Kent Kangley with City sidewalk funds. The propertyowner with that portion of the frontage (16 on the map) had nded negatively when the district approached him regarding funding the 2 asphalt path proposal. Anderson also stated that while the district would not oppose the LID formation, they would not support the project either. #11 2, & 3 - Masami and Malio 0. Hasegawa did not respond or comment. SUMMARY The School District is obligated to construct their portion of the road improvements prior to March 8, 1999. Therefore, an asphalt path or walkway placed to avoid impacting the drainage system is only an interim temporary solution. Any money spent now would be lost when the eventual road improvements are constructed. Although the City could provide additional funding to make the LID more attractive, the currently proposed 30% City share is very generous for a local street. Generally, the improvement of local access streets is the responsibility of the adjacent property owners. Five of the six parcels involved have executed LID covenants for roadway improvements. The City could have required actual construction of the improvements at the time but allowed the improvements to be deferred through the execution of the covenant. The Public Works Department recommends that City money should not be used for interim improvements and that if anything is to be built, the roadway as proposed herein and required by covenant, should be constructed at this time. 3 PROPOSED LID 111TH AVENUE STREET IMPROVEMENTS PRELIMINARY ASSESSMENTS JULY 12, 1993 NAME PRELIMINARY ASSESSMENTASSESSMENT NUMBER (From King County Tax Rolls) *1 Masami & Malio O. Hasegawa $ 51726.65 *2. Masami & Malio O. Hasegawa $ 61857.66 *3. Masami & Malio O. Hasegawa $ 61941.17 *4 Sequoia Baptist Church $ 32,961.62 *5. Kent School District #415 $ 29,110.45 20,776.59 6. Edward J. Stein TOTAL ASSESSMENT $102,374.14 *Indicates street improvement covenant signed by property owner. Covenant Total $ 81,597.55 79.70% As explained in the letter, 79.70% of the property owners are at this time obligated to participate in this street improvement via executed no protest covenants. The final decision of whether or not to form the LID, however, will be made by y Therefore your input regarding the project is important to the decision making process. Edward J. Stein, D.C. and Associates, P.S. Doctors of Chiropractic (206) 852-1963 11109 Kent Kang(ey Road, Kent, Washington 98031 July 29,1993 Mr.Merrill K Vesper Re: LID 111th Ave As was discussed at preliminary meeting I would be able to to support the L.I.D. if the financial contribution from the City of Kent and Kent School District was increased. My reasoning is based on the fact that this improvement is to address public safety and access to a public school. This then represents a financial responsibility of the general public in the Kent area w rather than limited to the improvement of a few properties which happen to be adjacent to the Public School. Sincerely, Edward J.Stein, C. EJS/epa 4 T 2012 , r I j 29 r Bo3weccn 1 r O fly,80304 �,7 I r r' r ' r BB]weCal JO n = r-,! . 3 *, ' L.LD.BOUNDARY � I �TiiT177"TT1tTTTfTHTTTI*—� :iJ ' � Isa]a.zz�� w�TTTtTTTTITiT 1.. < \- �' ii _�'.fl Wllltll����nti ED r 0 Eta r PROJECT C LOCATION eB3a+zze¢ . r r r r . : r . 1 r r r I : - O �- L.I.D. ASSESSMENT NUMBER r r : : ?23591+3 = e'exa+22a:9 r � r TAX LOT NUMBER : r r r r r r r r r r 359:83 r r r � * L.I.D. COVENANT ee3wccwa r r r r r r 9101 r _ _—__�__—__�ffffH ffttTffHftl ffF##tlfHfffHiffT�H77ff1Hf HitflffHfFlTf7TTfiif tTlTT1T11fiY__—__—_ PROPOSED L.I.D. 111TH AVE. STREET IMPROVEMENT (KENT-KANGLEY ROAD TO SEQUOIA JR. HIGH) JUNE 30. 1993 J�/ CONSENT CALENDAR 3. city council Action: Councilmembermove , seaends that Conse, Calendar Items A through K be approved Ccs d Discussion IIr c Action nA �i ca V -V, Ce- f �- � 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 11 1994. 3B. Approval of Bills. Approval of payment of the bills received through January 31, 1994 after auditing by the operations Committee at its meeting on February 1, 1994. Approval of checks issued for vouchers -- payment dates January 13,14, 23 & 31, 1994: Date Check Numbers Amount Approval of checks issued for payroll -- payment dates January 5 & 20, 1994: Date Check Numbers Amount Council Agenda Item No. 3 A -B Kent, Washington February 1, 1994 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Johnson, Mann, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Acting Parks Director Thorell, and Acting Finance Director Miller. Councilmember Houser was not in attendance. PUBLIC North Park. Pam Newcomer, 839 3rd Avenue COMMUNICATION North, voiced concern about a problem in the North Park area involving the City and Triangle Properties, and said she would like to have the zoning changed. The City Attorney pointed out that this matter is in litigation and suggested that the neighborhoods' concerns be addressed in a meeting with the Mayor's office, and a report made to Council. Newcomer said she would prefer to discuss the matter in public. She noted that this began with the rezoning of the Valley Floor and that at that time she asked to have the neighborhood downzoned from duplex to single family. She noted that the only neighborhoods that were addressed in the Area Housing Study were East Hill and West Hill, and that North Park and South Park were not recognized as viable neighborhoods at that time. She added that Triangle Properties proposed to build apartments and that they said they would not use 4th Avenue for access. She noted that Mayor White has said he is uncom- fortable with traffic on these streets, and that while the City has an obligation to grant access, they must also protect the neighbor- hood. She said she would like to see the Triangle Property downzoned to single family, or to see a park made out of the property. She did not object to using First, Second and Third Avenues if the zoning were single family. Mayor White asked staff to look into this matter and submit a written report to Council. George Plemmons, 753 3rd Avenue North, voiced concern about losing parking spaces and pro- perty. He noted that if 130 apartment units were built, it would result in 1000 additional trips from 3rd Avenue onto James every day. He suggested traffic control strips on Third Avenue and a light at Third Avenue and James. February 11 1994 PUBLIC The Mayor noted that the City will be in COMMUNICATION contact with Mr. Plemmons and Ms. Newcomer. Oath of office. The City Clerk administered the Oath of Office to Councilmember Orr. Ms. Orr was officially sworn in on January 20, 1994. 1994 Communit Arts Grant Awards. Acting Parks Director Patrice Thorell introduced the 1994 Community Arts Grant Award Recipients as follows and thanked them for their contri- butions to the community: The Imperials Music & Youth Organization, Kent Parks Resource Center, Kent Reading Council, Kent Saturday Market, the Montage Acting Society of Kent, Northwest Renaissance Poets & Publishers, Project Lighthouse, Rainier Chorale and Rainier Symphony. Thorell also recognized the Kent Arts Commissioners, and encouraged citizens to participate in and attend the many cultural opportunities afforded our community by these groups. Employee of the Month. Mayor White announced that Diane Sullivan has been selected as Employee of the Month for February. He noted that Ms. Sullivan works for the Public Works Operations Division as an Accounting Techni- cian, and has been with the City for almost 19 years. He said that she demonstrates her care and loyalty to her job through her enthu- siasm and positive attitude. Timms nI Public Works Operations Manager, added that Ms. Sullivan has worked very hard getting the new computer program on line and expressed his appreciation. Dau nLers v1 6,.W �----- - - History Month. Mayor White read a proclamation noting that the Lakota Chapter of Daughters of the American Revolution has long recognized the need for all of us to reflect and learn from our past experiences in order for our nation to continue to thrive, and proclaiming the month of February, 1994, as Daughters of the American Revolution/American History Month. He February 1, 1994 PUBLIC encouraged all citizens to join him in this COMMUNICATION observancer and of tpresentedhe Lakota Chapthe ter - Introduction to Introduction of Mayor's Appointees. Mayor White introduced Carl Hart, Carol McPherson, Ron Banister, Dee Moschel, Constance Stockton and Melvin Tate, who have recently been appointed to various Boards and Commissions. Regional Justice Center Update. Wendy Keller, Project Manager, presented a model of the site and pointed out the parking areas. She noted that the parking study has been completed and that proposed parking on the site is for 700 cars. She added that the study has been turned over to the City for review. She pointed out that the highest use impact at the building's full use would be 704 people on the site at 1:30 p.m and clarified for Clark that this figure includes everyone, not just staff. She noted that the County will be very busy in March on the design of this project, that a demolition plan and SEPA checklist will most likely be submitted to the City's technical staff within two weeks, and that remediation bids are due in two weeks. CONSENT BENNETT MOVED that Consent Calendar Items A and the CALENDAR through L be approved. Orr seconded motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) of Minutes. APPROVAL of the minutes Approval of the regular Council meeting of January 18, 1994. HEALTH & (CONSENT CALENDAR - ITEM 3K) Lindental Meadows. AUTHORIZATION to accept the SANITATION bill of sale and warranty agreement submitted by William E. Ruth for continuous operation and maintenance of 1,086 feet of watermain, 21070 feet of sanitary sewer, 21336 feet of storm improvements and sewer and 740 feet of street release of bonds after expiration of the main- tenance period, as recommended by the Public Works Committee. The project is in the SE 265th Street. vicinity of 114th Avenue SE & 3 February 1, 1994 WATER (CONSENT CALENDAR - ITEM 3L) Rent Springs Transmission Main Phase II. AUTHORIZATION to accept as complete the contract with Robison Construction, Inc. for the Kent Springs Transmission Main Phase II project, and release of retainage after receipt of State releases, as recommended by the Public Works Committee. REZONE (OTHER BUSINESS - ITEM 4C) Car inito Business Park Rezone RZ-93-3. This date has been set for a public meeting to consider the Hearing Examiner's recommendation of approval of an application to rezone 3.0 acres from GWC, Gateway Commercial, to CM -1, Commercial Manufacturing. The property is located on the south side of So. 222nd Street, approximately 250 feet east of 84th Ave. South. ORR MOVED to accept the findings of the Hearing Examiner, and to adopt the Hearing Examiner's recommendation of approval of the Carpinito Business Park Rezone RZ-93-31 and to direct the City Attorney to prepare the necessary ordi- nance. Bennett seconded and the motion carried. FINAL PLAT (OTHER BUSINESS - ITEM 4D) Cedar Meadows Final Plat FSU -90-4. This date has been set for a public meeting to consider an application for the Cedar Meadows Final Plat. The subject property is 3.5 acres in size and is located at S.E. 228th Place and 116th Ave. S.E. The Council approved the Cedar Meadows Preliminary Plat on December 4, 1990. ORR MOVED to approve the Cedar Meadows Final Plat as recommended by staff. Woods seconded and the motion carried. Steve Chatman, 11410 S.E. 229th Street, voiced concern about drainage in the area and asked what recourse is available if drainage problems continue. Wickstrom explained that the City would try to resolve any problems, but that he is not aware that problems still exist as a result of this development. The Mayor suggested that Mr. Chatman contact Mr. Wickstrom or himself if problems arise. Max Fullner, 22809 116th Avenue S.E., noted that the entrance to his 4 February 1, 1994 FINAL PLAT property has been restricted, due to con- about a struction, and expressed concern uld be assafety peak withhazard. vertical curb which White suggested Mayor Mr. Wickstrom to see if this concern can be out for addressed right away. Johnson pointed that the applicant is required to Mr. Chatman submit a follow-up report and allow an oppor- tunity for the public to comment on it, and bond that could that the developer must post a be used to correct problems. CAPITAL (CONSENT CALENDAR - ITEM 3E) Facilities Plan. FACILITIES Workshop on Capital AUTHORIZATION to set March 81 1994, as the date PLAN for a workshop on the Capital Facilities Plan. ANNEXATION Chestnut Ridge Annexation. George Kresovich, representing Schneider Homes, noted attorney that he has contacted the City before regarding the Copper Ridge Project which was proposed to King County, and then the property was annexed He noted in the Chestnut Ridge Annexation. that he has met with the Council Planning Committee, the City Attorney's Office, and the to Planning Department to determine how resolve the conflicts, but that an impasse has been reached. He noted that there has been a care- ful risk analysis to the City and asked Administration to inquire about this, perhaps in executive session, and report back to them litigation. regarding alternatives to avoid Ron Harmon, 20627 95th Avenue South, noted that he has attended all the Planning Commission meetings and Council hearings, and that strong support was expressed for the resolutions being proposed tonight. He urged the Council to consider the testimony given at those meetings. (EXECUTIVE At 8:05 p.m. Mayor White announced an executive SESSION) session of approximately 15 minutes to discuss potential litigation. The meeting reconvened at 8:25 p.m. The City Attorney noted that discussion was held regard- ing potential litigation matters involving the Copper Ridge development in the Chestnut Ridge Annexation Area. 61 February 1, 1994 ANNEXATION (OTHER BUSINESS - ITEM 4A) Chestnut Ridge Comprehensive Plan Map Designa- tion CPA -93-2. On January 18, 1994, the Council tabled this item until this date so that the Chestnut Ridge Zoning and compre- hensive Plan Map Designation would be in conformity with one another. During its January 18th meeting, Council made changes to the proposed initial zoning, resulting in a need to change the Comprehensive Plan Map. Exhibit A of the proposed resolution depicts the newest proposed Comprehensive Plan Map amendment. The staff memo dated February 11 1994, discusses a single family overlay for Chestnut Ridge which was part of the Planning Commission's recommendation, but which was not included in the Council's action on the matter. The proposed resolution includes the amendment to the single family overlay, as recommended by the Planning Commission. Planning Manager Satterstrom pointed out the changes on the map and reiterated that the resolution contains the recommendation by the Planning Commission to include the single family designated overlay. WOODS MOVED to adopt Resolution No. 1384 for the Chestnut Ridge Annexation Area amending the City -Wide Comprehensive Land Use Map as depicted in Exhibit A and amending the single family overlay. Orr seconded and the motion carried. (OTHER BUSINESS - ITEM 4B) Chestnut Ridge Initial Zoning AZ -93-1. On January 18, 1994, the Council amended the Planning Commission's Alternative No. 1 recom- mendation to change the R1-9.6 designation to RA for the Chestnut Ridge Annexation Initial Zoning. The proposed ordinance incorporates the Council's amendment and Exhibit A indicates the changes. WOODS MOVED to adopt Ordinance No. 3154 designating zoning for the entire Chestnut Ridge Annexation Area (AZ -93-1) as single family, and that, based on public testimony and C: February 1, 1994 ANNEXATION the information presented regarding sensitive areas and steep slopes, the area recommended by the Planning Commission as R1-9.6 be zoned as RA. Orr seconded and the motion carried. (OTHER BUSINESS - ITEM 4E) Ramstead/East Hill Annexation. On July 20, 1993, the City received a 60% petition for the Ramstead/East Hill Annexation. Council authorized the circulation of the petition in October of 1991. The signatures on the peti- tion have been verified and a Determination of Non -Significance per the SEPA process has been issued. The annexation encompasses approxi- mately 594 acres within the southeasterly corner of the City. It has an assessed value of $68,928,209 and an estimated population of 1540 people. MANN MOVED to accept the 60% annexation petition and direct the Public Works staff to file the Notice of Intent document for review and approval by the Boundary Review Board. Woods seconded and the motion carried. (CONSENT CALENDAR - ITEM 3C) Jones/Hobbs Annexation (AN -94-1). AUTHORIZATION to set February 15, 1994, as the date to meet with the initiators of the Jones/ Hobbs Annexation, an approximately 25 acre area of the northwest corner of 100th Avenue S.E. and So. 222nd Street. TRANSIT (CONSENT CALENDAR - ITEM 3D) Workshop on Transit. AUTHORIZATION to set February 15, 1994, as the date, and 5:30 p.m. as the time, for a workshop relating to transit. POLICE (OTHER BUSINESS - ITEM 4F) Drinking Driver Task Force - Endorsement of Legislative Package. In a letter dated December 20, 1993 to Councilmember Woods, the Drinking Driver Task Force Steering Committee requested that the City Council adopt a 1994 legislative package including the following items for consideration by the State Legislature: 1) amend safety restraint laws to allow primary enforcement; 7 February 11 1994 POLICE 2) prohibit people from riding in open cargo beds of trucks; 3) require child restraint devices through 4) age 4; support a 90 day administrative license suspension for any driver under age 21 at zero blood alcohol tolerance; 5) tighten the eligibility requirements and supervision over deferred prosecution; 6) re -authorize the Omnibus Drug Bill; 7) prohibit possession of hand gun for anyone under age of 21, with specified excep- tions; 8) amend constitution to allow DWI check- points; 9) revamp the juvenile court system; 10) require mandatory server training through WLCB or private sector classes, not a video course. WOODS MOVED to adopt a 1994 Legislative package for consideration by the State Legislature to include those items set forth in the Decem- ber 20, 1993 Drinking Driver Task Force letter to the Council President. Orr seconded. Upon White's question, Woods explained that the Task Force has requested the Council's support of their lobbying for these ten items. The motion then carried. (OTHER BUSINESS - ITEM 4G) (ADDED BY CITY ATTORNEY LUBOVICH) Possession and Use of Firearms. Woods noted that a resolution regarding possession and use of firearms has been proposed by Father Duggan of St. Anthony's Parish, and that copies have been distributed to the Council. Lubovich explained that this is presented on behalf of the King County Organizing Project, and it asks the City Council to support legislation that would raise the age for possession and use of firearms from 14 to 21 years of age, unless accompanied by a parent, guardian or adult. Father Duggan explained that their goal is to prevent anyone under 21 from carrying guns in public. Upon Mann's question, it was clarified that this resolution would not enact legisla- tion in Kent, but would support possible State legislation, and that it would not affect 1.1 February 1, 1994 POLICE military uses since that would be under the control of adults. Steve Chatman voiced con- cern as to whether this type of legislation would accomplish the goals. He noted that youth carry guns for protection, and will carry them with or without legislation. Bennett concurred and said that the laws already in place need to be enforced. WOODS MOVED to adopt Resolution No. 1383. Clark seconded and the motion carried. APPOINTMENTS (CONSENT CALENDAR - ITEM 3G) APPointment to Civil Service Commission. CONFIRMATION of the Mayor's appointment of Carl Hart to serve as a member of the Kent Civil Service Commission. Mr. Hart is employed by Bell Anderson Insurance Agency in Kent and has served as a member of the Board of Directors of Kent Youth and Family Services and has also served on the Board of the Southeast Community Alcohol and Drug Center. He will replace Raul Ramos, who resigned, and his term will continue to 4/30/94. (CONSENT CALENDAR - ITEM 3H) Appointment to Kent Arts Commission. CONFIRMATION of the Mayor's appointment of Carol McPherson to serve as a member of the Kent Arts Commission. Ms. McPherson will replace Marci Hobbs whose term expired. Her term will continue to 10/31/97. (CONSENT CALENDAR - ITEM 3I) Reappointment to Kent Economic Development Corporation. CONFIRMATION of the Mayor's re- appointment of Ron Banister to continue serving as a member of the Kent Economic Development Corporation. Mr. Banister's new appointment will continue to 12/31/97. (CONSENT CALENDAR - ITEM 3J) Appointments to Kent Human Services commission. CONFIRMATION of the Mayor's appointments of Dee Moschel, Constance Stockton, and Melvin Tate to serve as members of the Kent Human Services Commission. Constance Stockton, who has been serving the Commission as a representative of the "Service 01 February 1, 1994 APPOINTMENTS Club" category will move to the "Non -Voting Agency" representative position. She will replace Peg Mazen, whose term expired, and her new appointment will continue to 1/1/96. Dee Moschel will serve as the "Service Club" representative to the Commission through her long association with Kent Soroptimists. Ms. Moschel has also served as a member of the Human Services Commission previously and was Chair for one year. She will replace Ms. Stockton and her term will continue to 1/1/96. Melvin Tate will serve in the "Regional Agency" position. He is Community Outreach Coordinator for the Kent School District and the present Chairman of the Project Lighthouse Steering Committee. He will replace Tim Clark who vacated his position when he became a Kent City Council Member. Mr. Tate's term will be in effect until 1/1/96. COUNCIL (CONSENT CALENDAR - ITEM 3F) Council Absence. APPROVAL of a request for an excused absence from the February 15, 1994, City Council meeting from Council President Woods. She will be out of town and unable to attend. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through January 31, 1994 after auditing by the Operations Committee at its meeting on February 1, 1994. Approval.of checks issued for vouchers: Date Check Numbers Amount 1/1 - 1/31 138751-139768 $4,599,430.83 Approval of checks issued for payroll: Amount Date Check Numbers 1/20/94 Check 191894-192241 $ 278,389.18 Advice 12381-12718 407 684.29 $ 686,073.47 2/4/94 Check 192242-192609 $ 277,272.88 Advice 12719-13057 414.935.86 $ 692,208.74 10 February 1, 1994 REPORTS Mayor White introduced Brent McFall, Operations Director and Chief of Staff, and welcomed him to the City. Council President. Woods requested that Committee Chairs set up meeting times and announce them as soon as possible. Woods noted that the Suburban Cities Associ- ation will meet next Wednesday, and that reservations should be made through Jan Banister. Woods announced that the Council Retreat will begin at 4:00 p.m. on March 4, 1994, at the West Hill Fire Station. ADJOURNMENT The meeting adjourned at 8:35 p.m. Brenda Ja e , CMC City Cle 11 Kent City Council Meeting Date February 15, 1994 Category Consent Calendar 1. SUBJECT: CARPINITO BUSINESS PARK REZONE (RZ-93-3) 44 2. SUMMARY STATEMENT: Adoption of Ordinance No. 1155 approving the Carpinito Business Park Rezone (RZ-93-3) as discussed by. the City Council on January 18, 1994. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: city Council (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3C ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, rezoning approximately 3.0 acres of a 4.5 acre site from GWC, Gateway Commercial, to CM -1, Commercial Manufacturing. WHEREAS, on September 8, 1993, an application for a rezone was filed by Stiefel Engineering, on behalf of the owners of a 4.5 acre site requesting a rezone of approximately 3.0 acres of the property from GWC, Gateway Commercial, to CM -1, Commercial Manufacturing; and WHEREAS, on September 30, 1993, an environmental Determination of Nonsignificance (DNS), without conditions, was issued by the Kent Planning Department; and WHEREAS, a public hearing on the rezone request was held before the Hearing Examiner on December 1, 1993; and WHEREAS, the Hearing Examiner issued findings that the proposed rezone is consistent with the comprehensive plan, that the proposed rezone and subsequent development of the site would be compatible with development in the vicinity, that the proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated, that circumstances have substantially changed since the establishment of the current zoning district to i I� i warrant the proposed rezone, and that the proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent; and WHEREAS, these findings are consistent with the standards for a rezone set forth in Section 15.09.050(A)(3) of the Kent City Code; and i WHEREAS, on February 1, 1994, the Kent City Council held a public meeting to consider the Hearing Examiner's recommendation that the application to rezone 3.0 acres of the subject 4.5 acre site from GWC, Gateway Commercial, to CM -1, Commercial Manufacturing be approved; and WHEREAS, the City Council moved to accept the findings of the Hearing Examiner and to adopt the Hearing Examiner's recommendation for approval of rezone RZ-93-3, also known as the Carpinito Business Park rezone; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The subject property located on the south side of South 222nd Street, approximately 200 feet east of 84th Avenue South (East Valley Highway), comprising 3.0 acres of a 4.5 acre site and depicted in Exhibit A is rezoned from GWC, Gateway Commercial, to CM -1, Commercial Manufacturing. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such 2 invalidity or unconstitutionality shall not affect the validity for constitutionality of any other section, sentence, clause or 11phrase of this ordinance. Section 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: D.MZ11Ut1 Ut1l.V DGL[, \.112 l.1J� APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED APPROVED PUBLISHED day of day of _ day of 3 1994. 1994. 1994. !I I hereby certify that this is a true copy of ordinance j 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 carpin.ord 4 City of Kent - Planning Department EXHIBIT A APPLICATION NAME: Carpinito Business Park NUMBER: #RZ-93-3 REQUEST: Rezone Zoning / Topography DATE: Dec. 1, 1993 LEGEND Application site Zoning boundary Kent City Limits WN Kent City Council Meeting Date February 15, 1994 Category Consent Calendar 1. SUBJECT: ANIMAL CONTROL INTERLOCAL AGREEMENT 2. SUMMARY STATEMENT: Adoption of Ordinance No.IL5__ amending Chapter 8.03 of the Kent City Code to reflect licensing, impound, sheltering and redemption fee increases pursuant to the City's Interlocal Agreement with King County for Animal Control Services. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO V"" YES FISCALLPERSONNEL NOTE: Recommended Not Recommended 3 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3D 101ftP30 UIZLa)MZ[elm AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 8.03 of the Kent City Code to reflect changes in licensing, late penalties, impound, redemption, and sheltering fees as required by Interlocal Agreement with King County, and repealing Section 8.03.310(C) and (D) regarding impound procedures and repealing Section 8.03.320(2)(a) -(e) prohibiting the sale of animals to research facilities. WHEREAS, the City of Kent contracts with King County's Licensing and Regulatory Services Division for animal control services pursuant to the Interlocal Cooperation Act, RCW 39.34; and WHEREAS, the County is authorized by Section 120 of the King County Charter and King County Code 11.02.030 to render such services and is agreeable to rendering such services on the terms and conditions set forth by Interlocal Agreement and in consideration of payment, mutual covenants and agreements set forth therein; and WHEREAS, the parties wish to renew their agreement for animal control services through December 31, 1996; and WHEREAS, the City has agreed to adopt regulations consistent with the licensing, late penalties, impound redemption and sheltering fees as set forth in King County's licensing regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 8.03 of the Kent City Code is hereby amended as follows: CHAPTER 8.03. ANIMAL CONTROL Sec. 8.03.010. purpose. It is declared the public policy of the city to secure and maintain such levels of animal control as will protect human health and safety, and to the greatest degree practicable, prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of licensing dogs, cats, animal shelters, hobby kennels, kennels and pet shops and controlling errant animal behavior so that it shall not become a public nuisance and to prevent cruelty to animals. Sec. 8.03.020. Intent. It is the city council's intent that the regulation and i control of potentially dangerous or dangerous dogs as defined in RCW 16.08.070 should apply in the city through enforcement by the city's interlocal agreement with King County. It is the city council's further intent that the enforcement standards as provided for in RCW 16.08.070 et seq. should control over any other local standard of enforcement for such dangerous or potentially dangerous dogs as provided for in this chapter. 2 ,!Sec. 8.03.030. Definitions. i� The following words, terms and phrases, when used in i ithis chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abatement means the termination of any violation by reasonable and lawful means determined by the director in order that an owner or a person presumed to be the owner shall comply with this chapter. Animal means any living creature except persons, insects and worms. Animal control authority means the King County animal control division, department of general services, acting alone or in concert with other municipalities for enforcement of animal control laws and the shelter and welfare of animals. Animal control officer means any individual employed, contracted or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal. Animal Rescuer means any individual who routinely obtains an unwanted dog or cat or who locates within 90 days an adoptive home for that spayed or neutered dog or cat provided however, an interim administrative extension may be granted by the animal control authority for a maximum of six months if a dog or cat is pregnant nursing or injured and that condition is verified by a veterinarian 3 Cattery means a Iplace where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care whether or not for compensation, but not includin small animal hospital, clinic or Pet shop, An adult cat is one of either sex altered or unaltered that has reached an age of six months. Dangerous dog means that term as defined by RCW 16.08.070, and sections 8.03.220 through 8.03.250. Director means the individual in charge of and responsible for the King County animal control division of the department of general services. Domesticated animal means any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep or hog, bird, or other animal made to be domestic. Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during such loss of consciousness. Grooming parlor means any place or establishment, public or private, where animals are bathed, clipped or combed, whether or not for compensation, for the purpose of enhancing their aesthetic value. Harboring keeping or maintaining a dog or cat means 'Performing any of the acts of providing care shelter rotection refucre, food or nourishment in such manner as to control the animals actions or, that the animal(s) is treated as living at one's house by the homeowner. Hobby cattery means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the i 4 l`enioyment of the species provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed under Title 15 of the 1I Kent City Code. Hobby kennel means a noncommercial kennel at or adjoining a private residence where four (4) or more adult animals are bred and/or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials or for enjoyment. Juvenile means any dog or cat, altered or unaltered, that is under the acre of six months. Kennel means a place where four (4) or more adult dogs or cats or any combination thereof are kept whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic or pet shop. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of €eur-(-4+ six (6) months. Leash shall include a cord, thong or chain not more than eight (8) feet in length by which an animal is controlled by the person accompanying it. Livestock means horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and fowl. Owner means any person having an interest in or right of possession to an animal or any person having control, custody or possession of any animal, or who, by reason of the animal being seen residing consistently in a location, may presume to be the owner, and includes the definition as provided in RCW RVIKiI IiIF&M Pack of dogs means a group of three (3) or more dogs running upon either public or private property not that of its 5 r1owner in a state in which either its control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled. Person means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity. Pet shop means a person or establishment that acquires for the purpose of sale live animals, including birds, reptiles, fowl and fish, bred by others whether as owner -agent, or on consignment, and sells, or offers to sell such live animals, including birds, reptiles, fowl and fish, to the public or to retail outlets. Potentially dangerous dog means that term as defined in RCW 16.08.070 and sections 8.03.220 through 8.03.250 of this Code. Restraint means an animal is considered to be under restraint if it is maintained and remains within the property limits of its owner or keeper. Running at large means to be off the premises of the owner or on the premises of another without the written permission of the owner thereof and not on a leash and not under the control of the owner or competent person authorized by the owner. Service Animal means any animal which is trained or being trained to aid a person who is blind hearing impaired or otherwise disabled and is used for that purpose and is registered I with a recognized service animal organization Shelter means a facility which is used to house or contain stray, homeless, abandoned or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the 11prevention of cruelty to animals or other nonprofit organization or person devoted to the welfare, protection and humane treatment '!of animals. Under control means the animal is under control so as to be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off the premises of the owner. Vicious means actions of animals, other than a dangerous dog or potentially dangerous dog, with the propensity to do any act that might endanger the safety of any person, animal, property of another, including, but not limited to, a disposition to mischief or fierceness as might occasionally lead to attack on human beings without provocation, whether in play or outbreak of untrained nature. Sec. 8.03.040. License—Required- A. Requirements. All dogs and cats harbored, kept or maintained in city over four (4)s weeks of age shall be licensed and registered annually; provided, that an altered two year license may be purchased; provided, further, that dogs kept in kennels need not be licensed, except as provided in section 8.03.080. This section shall not apply to dogs used by the police department for police work. B. Identification tags tattoos. All license tags issued as provided in section 8.03.050 shall be securely fixed to a substantial collar, harness or other means which shall be worn by the dog at all times. As an alternative to a license tag, an animal may be identified as licensed by being tattooed on its right ear or on its inside right thigh or groin with a license number approved or issued by the animal control authority. 7 msec. 8.03.050. Same` Lice=Fees. j A. Dog and cat licenses shall be issued by the animal ,control authority upon application and payment of an annual 11 license fee to the county treasurer. Such license fees shall be as established by the animal control division, department of general servicest King County. B. Residents sixty-five (65) years of age or older shall be entitled to purchase a special permanent license for the lifetime of cats or dogs which are neutered or shaved for which they are the registered owners when the animals are maintained at their owner's registered address. Eligible residents may purchase the special permanent animal licenses at a cost as established by the animal control division, department of general services, King County, and they shall not be required to purchase a new license annually for the lifetime of such licensed animals. C. No person shall be granted more than three (3) special permanent animal licenses for any combination of three (3) cats and dogs for which such person is the registered owner. D. The animal control authority is authorized to enact the necessary rules and procedures to efficiently implement the program. The annia_ jieen`f- eaeh-yea7r-- : Pet licenses for unaltered dons and d-.+o of l� licenses for altered do s and cats will be valid for two Applications for dog or cat licenses shall be on forms provided by the animal control authority. No proration of a license fee for a portion of the calendar year shall be made. Renewal licenses will retain the ori inal ex iration eriod whether - -,,...nl mnnth. n jl paid b owners of dangerous iI E. An annual fee shall be p Y , ,or potentially dangerous dogs as provided in section 8.03.230. F. All fees and fines collected under this chapter shall be deposited in the county current expense fund. G. Juvenile licenses must be obtained for pets from four weeks to six months of age. H. Owners of dogs and/or cats which hold valid licenses from other jurisdictions and who move into Kinn County may transfer the license by payinga transfer fee. Such license shall maintain the original expiration date. I. It shall be a violation of this chapter for any person to sell or transfer ownership of any 1pet without a et license. The King County animal control authority shall be notified of the same address and telephone number of the new owner by the person who sold or transferred the pet. Sec. 8.03.060. &ame--Penalty. In addition to paying the appropriate license fee, a late penalty as established by the animal control division, department of general services, King County, shall be charged on all applications received thirty days after the date of renewal April thirtieth ef eaeh-Yea7yt provided, however, that no late penalty shall be charged if: 1. The owner submits proof of purchase of the animal within the preceding thirty (30) days; 2. The owner has moved into the city within the preceding thirty (3o) days; 3. The animal had been under the age which requires a license (four (4) Rienthweeks); 4. The owner purchases the license voluntarily, prior to in-person or field contact by animal control personnel; or .i 9 j 5. The owner submits other proof deemed acceptable in li 'the department's rules and regulations. 1I 1ISec. 8.03.070. &awe--Nonapplicability- The provisions of sections 8.03.040--8.03.060 shall not apply to dogs or cats in the custody of a veterinarian or animal .shelter or whose owners are nonresidents temporarily within the city for a period not exceeding thirty (30) days. Sec. 8.03.080. Animal shelter, kennel, groomincr parlor, cattery, hobby kennel, and pet shop license --Required. It is unlawful for any person to keep or maintain any animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop within the city without first obtaining a license. The fee for such license shall be as established by the animal control division, department of general services, King County. Each license and certificate of inspection issued pursuant to this chapter shall be conspicuously displayed at the establishment to which such license was issued. The license shall be dated and numbered and shall bear the name of King County, Washington, the name and address of the owner or keeper of the establishment, and the expiration date of the license. The license shall run for a period of one (1) year from the date of purchase. Sec. 8.03.090. &ante --Compliance with local zone and health regulations. A. Zoning compliance. The applicant for an or animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop license shall, prior to issuance of such license tie animal she Ircenne! lieense,- present to the 10 animal control authority a any required zoning permit from the '!city planning department. B. Health inspection. Before an animal shelter, !!kennel, grooming parlor, cattery, hobby kennel, or pet shop license may be issued by the animal control authority, a certificate of inspection from the Seattle -King County health department or King County animal control division must be issued showing that the animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop is in compliance with hygienic standards of this chapter or other applicable ordinances or regulations. Sec. 8.03.100. same --Reporting required. Each animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop shall provide a list to the animal control authority, quarterly, based upon the calendar year, of all dogs and cats auctioned off, given away, sold or otherwise disposed of. The list shall include the origin, age and type of dog or cat, and the name and address of the person to whom the dog or cat was given or purveyed. Sec. 8.03.110. Same Inspection. It shall be the duty of the director, or his designee, 'of the Seattle -King County department of public health or the animal control authority to make or cause to be made such inspections as may be necessary to insure compliance with other applicable sections of this chapter. The owner or keeper of an animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop shall admit to the premises, for the purpose of making an inspection, any officer, agent or employee of the Seattle -King County department of public health or animal control authority at any reasonable time that admission is requested. i ISec. 8.03.120. Same--jnUnsanitary conditions unlawful. It is unlawful to keep, use or maintain within the city any animal shelter, kennel, grooming parlor, cattery hobby kennel, or pet shop that is unsanitary, nauseous, foul or offensive, or in any way detrimental to public health and/or safety and not in compliance herewith. Failure to comply with section 8.03.110 and this section may be cause for revocation or denial of a license to use, keep or maintain such animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop. Sec. 8.03.130. Same"Conditions. Animal shelters, kennels, grooming parlor, cattery, hobby kennel, and pet shops shall meet the following conditions: 1. Housing facilities shall be provided the animals and such shall be structurally sound and shall: a. Be maintained in good repair; b. Be designed so as to protect the animals from injury; C. Contain the animals; and d. Restrict the entrance of other animals. 2. Electric power shall be supplied in conformance with city, county, and state electrical codes adequate to supply lighting and heating as may be required by this chapter. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and primary enclosures of debris and excreta. 3. Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against 12 infestation or contamination by insects or rodents. Refrigeration j !shall be provided for the protection of perishable foods. 4. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and ,debris. Disposal facilities shall be maintained in a sanitary condition, free from the infestation or contamination of insects, rodents or disease, and from obnoxious or foul odors. 5. Washroom facilities, including sinks and toilets, with hot and cold running water, must be conveniently available for cleaning purposes, and a large sink or tub provided for the purpose of washing utensils, equipment and facilities. 6. Sick animals shall be separated from those appearing healthy and normal and, if for sale, shall be removed from display and sale. Sick animals shall be kept in isolation quarters with adequate ventilation to prevent contaminating healthy animals. 7. There shall be an employee on duty at all times during hours any shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop is open. 8. An employee or owner shall come in to feed, water and do the necessary cleaning of animals and birds on days the shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop is closed. 9. No person shall knowingly sell a sick or injured animal or bird. 10. No person shall misrepresent an animal or bird to a consumer in any way. 13 !(Sec. 8.03.140. Sase--Indoor facilities. Animal shelters, kennels, arooming parlor cattery, hobby kennel, and pet shops which have indoor housing facilities 'for animals and birds shall: 1or cooled to protect such . Be sufficiently heated animals from temperatures to which they are not normally acclimatized. 2. Be adequately ventilated to provide for the health of animals contained therein and to assist in the removal of foul and obnoxious odors. Provision shall be made so that the volume of air within any enclosed indoor facility shall be changed three (3) times or more each hour. This may be accomplished through the location and periodic opening of doors and windows. If fans or ventilating equipment are used, they shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts. 3. Have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of day. In addition, sufficient natural or artificial lighting shall be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers. 4. Have interior wall and ceiling surfaces constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint when such materials are not originally resistant to moisture or odors. Floor surfaces shall not be made of unsealed wood. In addition, interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris. 5. Contain a drainage system which shall be connected to a sanitary sewer or septic tank system which conforms to the 14 ;'standards of building codes in force within the city and shall be ;!designed to rapidly remove water and excreta in the cleaning of such indoor housing facility under any condition of weather or 'temperature. This requirement shall not apply to hobby kennels and pet shops. All indoor housing facilities for animals, fish, or birds shall be maintained in a clean and sanitary condition - and a safe and effective disinfectant shall be used in the cleaning of such facilities. 6. Conform with all applicable development standards of title 15, zoning. Sec. 8.03.150. S-ame—Outdoor facilities. Animal shelters, kennels, grooming parlor, cattery, hobby kennel, and pet shops which have outdoor facilities for animals and birds shall: N 1. Be constructed to provide shelter from excessive sunlight, rain, snow, wind, or other elements. In addition, such facilities shall be constructed to provide sufficient space for the proper exercise and movement of each animal contained therein. 2. Be constructed to provide drainage and to prevent the accumulation of water, mud, debris, excreta, or other materials and shall be designed to facilitate the removal of animal and food wastes. 3. Be constructed with adequate walls or fences to contain the animals kept therein and to prevent the entrance of other animals. 4. Shall conform with all applicable development standards of title 15, zoning. OU %Sec. 8.03.160. Hobby kennel license --Required. person to A. ricense required. It is unlawful for any p ,keep and maintain any dog or cat within the city for the purposes ,of a hobby kennel without obtaining a valid and subsisting shall be established license therefor. The fee for such license by the animal control division, department of general services, ;King County. B. Limitation of number of dogs and cats allowed. The total number of dogs and cats over four (4) months of age kept by a hobby kennel shall not exceed the total number authorized by the King County animal control division based on the following guidelines: 1. The number of animals permitted shall be established by the King County animal control division based on such factors as animal size, type and characteristics of the breed and whether the amount of lot area contains five (5) acres' or more; the maximum number of animals shall not exceed ten (10) where the lot area contains thirty-five thousand (35,000) square feet but less than five (5) acres and the maximum number shall not exceed five (5) where the lot area is less than thirty-five thousand (35,000) square feet. 2. All open run areas shall be completely surrounded by a six-foot fence set back at least twenty (20) feet from all property lines. appurtenances 3. No commercial signs or other advertising the kennel are permitted on the property. 4. The director may require additional setback, fencing, screening, or soundproofing requirements as deemed necessary to insure the compatibility of the hobby kennel with surrounding development. 16 5. The hobby kennel shall limit dog and cat ;reproduction to no more than twelve (12) offspring per license i year. 1 6. Each animal in the hobby kennel shall have (current and proper immunization from disease according to the animal's species and age. For dogs such shall consist, as a .minimum, of DHL inoculation for dogs over three (3) months of age and rabies inoculations for those over six (6) months of age. Sec. 8.03.170. Grooming parlors --License required. It is unlawful for any person to keep or maintain any grooming parlor without first obtaining a valid and subsisting license therefor. The fee for such license shall be as established by the animal control division, department of general services, King County. However, if the grooming parlor is operated as a part of the business of a kennel, or a pet shop, the fee shall be as established by the animal control division, department of general services, King County. Such fee shall be in addition to the fee established for a kennel or pet shop license. Sec. 8.03.180. Same --Conditions. Grooming parlors shall: 1. Not board animals but keep only dogs and cats for a reasonable time in order to perform the business of grooming. 2. Provide such restraining straps for the dog or cat while it is being groomed so that such animal shall neither fall nor be hanged. 3. Sterilize all equipment after each dog or cat has been groomed. 4. Not leave animals unattended before a dryer. 17 5. Neither prescribe nor administer treatment or i (medicine that is the province of a licensed veterinarian as ,'provided in RCW 18.92.010. 6. Not put more than one (1) animal in each cage. 7. Have floors and walls in rooms, pens and cages used to retain animals or in areas where animals are clipped, groomed or treated constructed of water -impervious material that can readily be cleaned, and which must be maintained in good repair. g. Have hot and cold water conveniently available and a large sink or tub provided (minimum size twenty-four (24) inches by eighteen (18) inches by twelve (12) inches). 9. Have toilet and hand washing facilities with hot and cold running water conveniently available for personnel employed. 10. Have only equipment necessary to the operation of the licensed establishment kept or stored on the premises which shall only be stored in a sanitary or orderly manner. 11. Have all cages, pens, or kennels used for holding animals kept in a clean and sanitary condition and disinfected on a routine basis. 12. Comply with all applicable development standards of title 15, zoning. Sec. 8.03.190. Animal shelters, catt_— hobby kennelsi, guard kennels, pet shops, grooming parlors, guard dog purveyors, g dog trainers and guard dog owners --Additional conditions. A. The director is authorized to promulgate rules and regulations not in conflict with this chapter as they pertain to the conditions and operations of animal shelters, catteries. hobby kennels, kennels, pet shops, and grooming parlors, guard M ;dog purveyors, guard dog trainers and guard dog owners. Such ;)rules and regulations shall be enacted in accordance with county 1procedures for adopting such rules and regulations. B. The animal control authority may, in addition to other penalties provided in this chapter, revoke, suspend or refuse to renew any animal shelter, cattery, hobby kennel, kennel, grooming parlor, pet shop, guard dog purveyor, guard dog trainer license or guard dog registration upon good cause or for failure to comply with any provision of this chapter, provided, however, enforcement of such revocation, suspension or refusal shall be stayed during the pendency of an appeal filed pursuant to section 8.03.370. Sec. 8.03.200. Same Licenses, registration --Revocation, suspension refusal to renew, or _F____ .aiti-'J f eried A. The animal control authority may, in addition to other penalties provided in this title revoke, suspend, or refuse to renew any animal shelter, cattery, hobby kennel, kennel grooming parlor, pet shop guard dog purveyor, guard dog trainer license or guard dog registration upon good cause or for failure to comply with any provision of this title. B. No applicant shall be issued an animal shelter, cattery, hobby kennel, kennel, grooming parlor, pet shop, guard dog purveyor, guard dog trainer license or guard dog registration who has previously had such license or registration revoked, or a renewal refused, for a period of one (1) year after the date of revocation or refusal and until such applicant meets the requirements contained in this chapter to the satisfaction of the animal control authority. 19 I Isec. 8.03.210. Animal nuisances defined. For purposes of this section, violations of this isection are nuisances and shall include but not be limited to the following: 1. Any public nuisance relating to animal control known at common law or in equity jurisprudence. 2. Animals, excluding household pets, such as dogs and cats, but particularly horses, mules, rabbits, bovine animals, lambs, goats, sheep, birds, hogs, chickens or other animals made to be domestic, being kept in residential districts on lots of less than twenty thousand (20,000) square feet. 3. A dog, whether or not dangerous or potentially dangerous as defined by RCW 16.08.070, running at large within the city. 4. Any domesticated animal, whether licensed or not, which runs at large in any park or enters any public beach, pond, fountain, or stream therein or upon any public playground or school ground; provided, however, that this section shall not prohibit a person from walking or exercising an animal in a public park or on any public beach when such animal is on a leash, tether or chain not to exceed eight (8) feet in length. This section shall not apply to any blind person using a trained Seeing Eye dog; to animal shows, exhibitions or organized dog training classes where at least twenty-four (24) hours' advance notice has been given to the animal control authority, by such persons requesting to hold such animal shows, exhibitions or dog training classes. In the case of potentially dangerous dogs as defined and regulated in section 8.03.030 and sections 8.03.220 through 8.03.250, the provisions of sections 8.03.220 through 8.03.250 shall apply to the leashing, muzzling, and restraint of such animals in public. M 5. Any animal which enters any place where food is I ',stored, prepared, served or sold to the public or any other .'public building or hall. However, this section shall not apply to any blind person using a trained Seeing Eye dog; to veterinary offices or hospitals, or to animal shows, exhibitions or organized dog-training classes where at least twenty-four (24) hours' advance notice has been given to the animal control authority, but such persons requesting to hold such animal shows, exhibitions or dog-training classes. 6. A female domesticated animal whether licensed or not, while in heat, accessible to other animals for purposes other than controlled and planned breeding. 7. Any domesticated animal which chases, runs after, or jumps at vehicles using the public streets and alleys. 8. Any domesticated animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys, or other public ways. 9. Any animal, other than a dangerous dog or potentially dangerous dog as defined by RCW 16.08.070 which has exhibited vicious propensities and which constitutes a danger to the safety of persons or property off his premises or lawfully on his premises. 10. A vicious animal or animal with vicious propensities, other than a dangerous dog or potentially dangerous dog as defined by RCW 16.08.070, which runs at large at any time, or which is off the owner's premises not securely leashed and in the control of a person of suitable age and discretion to control or restrain such animal. 21 Ii 11. Any domesticated animal which howls, yelps, (whines, barks, or makes other oral noises, in such a manner as to disturb any person or neighborhood to an unreasonable degree. 12. Any domesticated animal which enters upon another person's property without the permission of that person. 13. Animals staked, tethered, or kept on public ,property without prior written consent of the county animal control authority. 14. Animals on any public property not under control by the owner or other competent person. 15. Animals kept, harbored, or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian; 16. Animals running in packs. Sec. 8.03.220. Dangerous and potentially dangerous dogs --Defined➢' ownership requirements. A. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal control authority means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals. Animal control officer means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer 22 i or other employee who duties in whole or in part include !assignments that involve the seizure and impoundment of any animal. Dangerous dog means any dog that according to the records of the appropriate authority: 1. Has inflicted severe injury on a human being without provocation on public or private property; 2. Has killed a domestic animal without provocation while off the owner's property; or 3. Has been previously found to be potentially dangerous, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals. Owner means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal. Potentially dangerous dog means any dog that when unprovoked: 1. Inflicts bites on a human or a domestic animal either on public or private property; or 2. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, or to cause injury or -otherwise to threaten the safety of humans or domestic animals. Prober enclosure of a dangerous doq means, while on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or 23 lstructure shall have secure sides and a secure top, and shall i 'also provide protection from the elements for the dog. Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. B. Ownership requirements. 1. It is unlawful for an owner to have a dangerous dog in the city without a certificate of registration issued under this section. Sections 8.03.220 through 8.03.250 shall not apply to dogs used by law enforcement official for police work. 2. The animal control authority of the city shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the animal control unit sufficient evidence of: a. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; b. A surety bond issued by a surety insurer qualified under RCW ch. 48.28 in a form acceptable to the animal control authority in the sum of at least fifty thousand dollars ($50,000.00), payable to any person injured by the vicious dog; or C. A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least fifty thousand dollars ($50,000.00), insuring the owner for any personal injuries inflicted by the dangerous dog. 24 !Sec. 8.03.230. fie --Registration, fee. ji A. The owner of a dangerous dog or potentially dangerous dog shall obtain a certificate of registration from the city's animal control authority. B. An annual fee in the amount of one hundred dollars ($100.00) shall be paid by an owner of a dangerous or potentially dangerous dog to the animal control authority upon application to register dangerous dogs. The payment of this annual license fee to the county treasurer is in addition to regular dog licensing fees. Sec. 8.03.240. SimeUnlawful activities. A. It is unlawful for an owner of a dangerous or potentially dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. B. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. Sec. 8.03.250. Same -confiscation and penalties. A. Any dangerous dog shall be immediately confiscated by the animal control authority if: 25 1, The dog is not validly registered under ;section 8.03.220- 2. The owner does not secure the liability 'insurance coverage required under section 8.03.220• 3, The dog is not maintained in the proper enclosure. 4. The dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person. B. In addition to the above, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021. C. If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dangerous dog shall be immediately confiscated by the animal control authority, placed in quarantines' for the proper length of time, and thereafter destroyed in an expeditious and humane manner. Sec. 8.03.260. Unlawful acts against police department dogs --Penalty for violation. A. No person shall wilfully torment, torture, beat, kick, strike or harass any dog used by a police department for police work, or otherwise interfere with the use of any such dog for police work by such department or its officers or members. B. Any person who violates subsection A. of this section shall be deemed guilty of a misdemeanor, punishable by not more than ninety (90) days in jail or not more than a fine of two hundred fifty dollars ($250.00), or both. 26 Sec. 8.03.270. Cruelty to animals --Unlawful acts designated. It is unlawful for any person to: 1. Wilfully and cruelly injure or kill any animal by any means causing it fright or pain. 2. By reason of neglect or intent to cause or allow any animal to endure pain, suffering or injury or to fail or neglect to aid or attempt alleviation of pain, suffering or injury he has so caused to any animal. 3. Lay out or expose any kind of poison, or to leave exposed any poison food or drink for man, animal or fowl, or any substance or fluid whatever whereon or wherein there is or shall be deposited or mingled, any kind of poison or poisonous or deadly substance or fluid whatever, on any premises, or in any unenclosed place or to aid or abet any person in so doing, unless in accordance with the provisions of RCW 16.52.190. 4. Abandon any domestic animal by dropping off or leaving such animal on the street, road or highway, or in any other public place, or on the private property of another. Sec. 8.03.280. poisonous reptiles, poisonous snakes and constrictor snakes. A. It shall be unlawful to keep or harbor any poisonous reptile, poisonous snake or constrictor snake, other than constrictor snakes under ten (10) feet in length, within the city. B. All constrictor snakes legally allowed within the city must be kept or harbored in a secure, locked cage when left unattended. C. This section shall not apply to zoological parks, performing animal exhibitions, circuses or pet shops licensed by the city. Pet shops within the city choosing to sell constrictor 27 I jsnakes allowed under this section must plainly post in a 'conspicuous place the following notice: ,It is illegal to keep or harbor constrictor snakes over ten (10) feet in length within the City of Kent. Any person who legally keeps or harbors constrictor snakes within the City of Kent MUST keep the snake(s) in a secure, locked cage when left unattended." other D. In addition to or as an alternate to any penalty provided in this chapter or by law, any person violating this section shall incur a civil penalty. The penalty for the first notice of violation shall be one hundred dollars ($100.00). The penalty for the second notice of violation in any one-year period is three hundred dollars ($300.00). The penalty for each successive violation in any one-year period is five hundred dollars ($500.00). _. Sec. 8.03.290. Enforcement power. A. The animal control authority is authorized to take such lawful action as may be required to enforce the provisions of this chapter and the laws of the state as they pertain to animal cruelty, shelter, welfare and enforcement of control, including regulation of dangerous and potentially dangerous dogs. B. The animal control authority shall not enter property or a building or residence designated for and used for private purposes, unless a proper warrant has first been issued upon a showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this chapter; provided, however, that the animal control authority, while pursuing or observing any animal in violation of this chapter, may enter upon any public or private property, except any building designated for and used for private purposes, i for the purpose of abating the animal violation being pursued or observed. C. No person shall deny, prevent, obstruct or attempt Ito deny, prevent or obstruct an officer from pursuing any animal observed to be in violation of this chapter. Further, no person shall fail or neglect, after a proper warrant has been presented, to promptly permit the animal control authority to enter private property to perform any duty imposed by this chapter. Any person violating this subsection is guilty of a misdemeanor. D. The foregoing provisions of this section are in addition to authorities and penalties relating to dangerous or potentially dangerous dogs as provided in sections 8.03.220 through 8.03.250. Sec. 8.03.300. Violations. A. Violations deemed nuisance abatement. All violations of this chapter are detrimental to the public health, safety, and welfare and are public nuisances. All conditions which are determined after review by the director to be in violation of this chapter shall be abated. B. Violations misdemeanor, -penalty_ Except as to the regulation of dangerous and potentially dangerous dogs under sections 8.03.220 through 8.03.250, any person who allows an animal to be maintained in violation of this chapter is guilty of a misdemeanor punishable by fine of not more than two hundred fifty dollars ($250.00) and/or imprisonment for a term not to exceed ninety (90) days. C. Violations civil -penalty. Except as to the regulation of dangerous and potentially dangerous dogs under sections 8.03.220 through 8.03.250, any person whose animal is maintained in violation of this chapter shall incur a civil M (penalty plus costs of the animal control authority. The penalty (for the first notice of violation shall be twenty-five dollars ;($25.00); fifty dollars ($50.00) for the second notice of violation in any one-year period; and one hundred dollars ($100.00) for each successive violation in any one-year period. Sec. 8.03.310. Impounding. A. Authorization. In addition to authorized actions under sections 8.03.220 through 8.03.250 relating to dangerous and potentially dangerous dogs, the director and his authorized representative may apprehend any animals found doing any of the acts defined as a public nuisance and/or being subjected to cruel treatment as defined by law. B. Notification of owners. Except as to dangerous or potentially dangerous dogs as provided in sections 8.03.220 through 8.03.250, after any animals are apprehended, the animal control authority shall ascertain whether they are licensed or otherwise identifiable and, if reasonably possible, return the animal to the owner together with a notice of violations of this chapter. If it is not reasonably possible to immediately return the animals to their owners, the animal control authority shall } notify the owners within a reasonable time by efie�d regular mail or telephone that the animal has been impounded and may be redeemed. Except as to dangerous or potentially dangerous dogs as provided in sections 8.03.220 through 8.03.250, a -n any currently licensed animal impounded pursuant to this chapter shall be held for the owner at least one hundred twenty hours (120), after telephone contact by the impounding agency or for at least two weeks after posting of the notification of impoundment by regular mail; any other animal impounded pursuant to this chapter shall be held for the owner at least seventy-two (72) hours,--a=��S 30 the jmpeundin�eney- from the time of impoundment. The animal control authority shall not sell any animals to research institutes or licensed dealers for research purposes. G. sale } liepnsed a , rs resear ,a } , }•} anifaal shall be held fer an additienal ene hundred twenty tieve the required sevseventy-}we /�72, heurs t d. ever and it is t h l f t an±mal eentrel divisien } faeniter he,drs prier te the sale ef the animal a researeh institute.— Any ewffe-r-��edeefn an animal in the study ef a lieensed dealer fees pajEl by--t-k��Ieensed dealer, and the sale af the ani } }ive ridle, set Iche - Elivislen whieh shall, by firstit,crtes , eentrel diyisien shall, by a }v rule ,' a- } ll } h l ers institutes at a rate in emeess of that paid institutes hasing animals .7 , },frem } by h }1, anifaal eentrel 31 E. Injured or diseased animals. Except as to it dangerous or potentially dangerous dogs as provided in sections 8.03.220 through 8.03.250, any animal suffering from serious 4 injury or disease may be humanely destroyed, or, in the discretion of the impounding authority, may be held for a longer period and redeemed by any person on payment of charges not exceeding those prescribed herein. Sec. 8.03.320. Euthanasia, sale, or adoption of animals not redeemed; prohibitions. A. Except as to dangerous or potentially dangerous dogs as provided in sections 8.03.220 through 8.03.250, any animal not redeemed shall be treated in one (1) of the following ways as follows: 1. Humanely destroyed by euthanasia. dealer l e_' �. a l a L xr^cci " r a T4.S.G. 2 l 7 l }e dealer shall eefaply-���� r • h a Frem h -} L. l l a= T l r be seld } r T L. } ....... Ameriean Lien F T a'} }8f-1 T 7 n er } state b. T l ls-pQL I IQ rem the-He6u-F� ti, a l l Is a } F' , , y r 32 33 OW 33 I 4—. 2. Made available for adoption. Except as to dangerous or potentially dangerous dogs as provided in sections 18.03.220 through 8.03.250, the owner of any animal impounded !pursuant to the provisions contained in this chapter may recover such animal or animals when all billable costs, redemption fees, penalties, and boarding costs incurred in such impoundment have been paid to the county comptroller, which payment may be accepted by the animal control authority acting as agent for the county. a. All dogs and cats over the age of six months adopted from the King County animal shelter shall be spayed and neutered prior to adoption A spay/neuter deposit shall be charged for dogs and cats under the age of six months which are too young to be spayed/neutered prior to adoption. Failure to spay/neuter such dog or cat is a violation of this chapter and a breach of the adoption contract and will result in"" the forfeiture of the adoption and return of the dog or cat to King County animal control for the required spay/neutering. B. No licensed animal shall be made available for research unless written permission is received from the animal's owners. Further, no animal conveyed to the division by its owner shall be made available for research without written permission unless and until all reasonable efforts to locate the owner have failed. The adyisery beard €er the sale e€ anifftals, p'_ - - ieus y 34 i iing animalsshall ha;,Fe the autherhen it has feund that--aiIY-­9`UI6Lh Sec. 8.03.340. Same --Reports and records available for public inspection. B. All records required to be filed pursuant to this chapter shall also be public and shall be available for inspection by any interested person at any reasonable time during normal county working hours. Sec. 8.03.350. Additional enforcement. Notwithstanding the existence or use of any other remedy, the director may seek legal or equitable relief to enjoin acts or practices and abate any conditions which constitute a violation of this chapter or other regulations herein adopted. Sec. 8.03.360. Violations; notice and order. Subject to the provisions of sections 8.03.220 through 8.03.250 relating to dangerous or potentially dangerous dogs: 1. Whenever the director or authorized animal control officer has found an animal maintained in violation of this 35 �Ichapter, the director of the animal control authority shall commence proceedings to cause the abatement of each violation. 2. The director or authorized animal control officer shall issue a notice and order directed to the owner or the person presumed to be the owner of the animal maintained in notice and order shall contain: violation of this chapter. The a. The name and address, if known, of the owner or person presumed to be the owner of the animal in violation of this chapter. b. The license number, if available, and description of the animal in violation sufficient for identification. C. A statement that the director or authorized animal control officer has found the animal maintained illegally together with a brief and concise description of the conditions found to render the animal in violation of this chapter. d. A statement of the action required to be taken if the director of the animal control authority has determined the following: an order (1) if abatement is necessary, shall require the abatement and such abatement shall be completed within a certain time from the date of the order, as determined by the director to be reasonable. ivil penalty should be assessed, (2) That a c the order shall require that the penalty shall be paid within fourteen (14) days from the date of the order. fired e. Statements advising that if any re abatement is not commenced within the time specified, the director of the animal control authority will proceed to cause abatement and charge the costs thereof against the owner. f. Statements advising: 36 (1) That a person having a legal interest in i the animal may appeal from the notice and order or any action of the director of the animal control authority to the board of appeals, provided the appeal is made in writing as provided by ;this chapter, and filed with the director of the animal control authority within fourteen (14) days from the date of service of such notice and order; and (2) That failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter. 3. The notice and order shall be served on the owner or presumed owner of the animal in violation. 4. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to the person at his address as it appears on the last equalized assessment roll of the county. 5. Proof of personal service of the notice and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. 6. The standards of this chapter shall be followed by the director of the animal control authority in determining the existence of an animal control violation and in determining the abatement action required. The provisions of this section, do not apply to actions by the authority or proceedings before the director relating to dangerous dogs or potentially dangerous dogs. Sections 8.03.220 through 8.03.250 shall apply to all actions and procedures for dealing with dangerous dogs or 37 potentially dangerous dogs, including regulations promulgated thereunder by the director. Sec. 8.03.370. Appeals. Subject to the procedures and requirements of sections 8.03.220 through 8.03.250 relating to dangerous or potentially ;dangerous dogs: 1. Appeals. The King County board of appeals, as established by article 7 of the King County Code, is designated to hear appeals by parties aggrieved by actions of the director of the animal control authority pursuant to this chapter. The board may adopt reasonable rules or regulations for conducting its business. Copies of all rules and regulations adopted by the board shall be delivered to the director of the animal control authority who shall make them freely accessible to the public. All decisions and findings of the board shall be rendered to the applicant in writing with a copy to the director of the animal control authority. 2. Form of appeal. Any person entitled to service under section 8.03.360 may appeal from any notice and order or any action of the director of the animal control authority under this chapter by filing at the office of the director of the animal control authority within fourteen (14) days from the date of the service of such order, a written appeal containing: a. A heading containing the words: "Before the board of appeals of the County of King." b. A caption reading: "Appeal of " giving the names of all appellants participating in the appeal. C. A brief statement setting forth the legal interest of each of the appellants of the animal involved in the notice and order. M 1Id. A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. e. A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside. f. The signatures of all parties named as appellants, and their official mailing addresses. g. The verification (by declaration under penalty of perjury) of at least one (1) appellant as to the truth of the matters stated in the appeal. 3. Scheduling and notice of appeal. The board of appeals shall set a time and place, not more than thirty (30) days from such notice of appeal for hearing thereon. Written notice of the time and place of hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the manager -clerk of the board. 4. Procedures of appeal hearing At the hearing, the appellant shall be entitled to appear in person and be represented by counsel and offer such evidence pertinent and material to the action of the director. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered. 5. Failure to appear. Failure of any person to file an appeal in accordance with this section shall constitute a waiver of his rights to an administrative hearing. 6. Stay of enforcement during appeal Enforcement of any notice and order of the director of the animal control authority issued under this chapter shall be stayed during the 39 pending of an appeal, except impoundment of an animal which is " vicious or dangerous or cruelly treated. 7. Conflicting differing provisions._ In the event that procedures for appeals adopted by the board of appeals are !different than those set forth in this section, the procedures of the board of appeals shall control. If in the further event any procedures for appeals adopted by the board of appeals conflict with the provisions in this section relating to dangerous or potentially dangerous dogs, the procedures of sections 8.03.220 through 8.03.250 and the implementing regulations of the board of appeals shall control. Sec. 8.03.380. Redemption procedures. A. Any animal impounded pursuant to the provisions of section 8.03.310 may be redeemed upon payment of the redemption fee as provided in this section. The redemption fee for dogs and" cats shall be payable to the county comptroller and shall be an amount as established by the animal control division, department of general services, King County, for each such dog or cat, plus an additional fee of an amount as established by the animal control division, department of general services, King County, for each twenty -four-hour period or portion thereof, during which such dog or cat is retained by the impounding agency. B. The redemption fee for livestock shall be an amount as established by the animal control division, department of general services, King County, per animal. Livestock not redeemed may be sold at public auction by the impounding agency. The boarding cost for livestock impounded shall be in accordance with the rate established by contract between the county and the given stockyard used for holding such animal. 40 i' C. The provisions relating to redemption do not apply �I to dangerous or potentially dangerous dogs as provided in sections 8.03.220 through 8.03.250. Sec. 8.03.390. Nuisances, removal. A. Any animal constituting a public nuisance as provided in this chapter shall be abated and removed from the city by the owner or by the director of the animal control authority, upon receipt of three (3) notices and orders of violation by the owner in any one-year period. Where'it is established by record pursuant to this chapter and no finding was entered showing that the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the director of the animal control authority shall notify and direct the owner of the animal to abate the nuisance or remove the animal from the city within ninety-six (96) hours from the date of notice. If such animal is found to be within the confines of the city after ninety-six (96) hours have elapsed from the date of notice, the nuisance shall be abated and the animal removed by the director of the animal control authority. Animals removed pursuant to the provisions of this section shall be removed from the city or be subjected to euthanasia by the animal control authority. B. Any dog or other animal which bites, attacks, or attempts to bite one (1) or more persons two (2) or more times within a two-year period is declared to be a public nuisance and shall not be kept within the city forty-eight (48) hours after receiving written notice from the director. Such animal found in violation of this section will be impounded and disposed of as an unredeemed animal, and the owner or keeper of such animal has no right to redeem such dog or animal. 41 ISec. 8.03.400. Civil penalty and abatement costs. A. r;ability of owner. The civil penalty and the cost `of abatement are also personal obligations of the animal owner. The prosecuting attorney on behalf of King County may collect the :civil penalty and the abatement work costs by use of all appropriate legal remedies. B. Costs of enforcement action. In addition to costs and disbursements provided for by statute, the prevailing party in a collection action under this chapter may, in the court's discretion, be allowed interest and a reasonable attorney'sfee. and The prosecuting attorney shall seek such costs, interest, reasonable attorney's fees on behalf of King County when the county is the prevailing party. Sec. 8.03.410. Supplemental provisions. The provisions of sections 8.03.390 through 8.03.400, are in addition to other remedies in sections 8.03.220 through 8.03.250 for purposes of regulating dangerous or potentially dangerous dogs. Sec. 8.03.420. Waiver of fees and Penalties. A. The animal control director has the authority -to .. _ _...a ,.•oA=mnti public interest. the B. In determining whether a waiver should a 1 following elements_ 1- The reason the animal was impounded; 42 i 2. The reason of the basis for the violation land the likelihood the violation will not recur; 3. The total amount of the fees charged as (compared with the gravity of the violation; 4. The effect on the owner, the animal's welfare and the animal control section if the fee(s) or penalties are not waived and no payment is received. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. ATTEST: BRENDA JACOBER, CITY CLERK JIM WHITE, MAYOR 43 !!APPROVED AS TO FORM: _`� RE?GE A. VI H, CITY ATTORNEY day y of 1994. APPROVED day of 1994. day y of 1994. 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. animaL.ord BRENDA JACOBER, CITY CLERK 44 (SEAL) Kent City Council Meeting Date February 15 1994 Category Consent Calendar 1. SUBJECT: WORKER'S COMPENSATION TRUST ACCOUNT TRANSFER -1111�� 2. SUMMARY STATEMENT: Adoption of Ordinance No. 3151 amending Kent City Code Section 3.05 raising the authorized amount in the City of Kent's Worker's Compensation Bank Account, and authorizing the Operations Director to transfer monies to the account. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Operations Committee (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. 3E MILLER,MAYENE-/-KENT70/FN-_ HPDesk-print_ s=ject: WORKER'S COMPENSATION CLAIM PROCESSING Creator: Mayene MILLER / KENT70/FN Dated: 02/10/94 at 1753. TO: COUNCILMEMBERS IN A EFFORT TO STEAMLINE OUR WORKERS'S COMPENSATION CLAIMS PROCESSING, KEN CHATWIN OUR RISK MANAGER HAS SUGGESTED SEVERAL IMPROVEMENTS TO OUR PROCESS. THE PRIMARY CHANGE INVOLVES HAVING SCOTT WETZEL, OUR THIRD PARTY ADMINISTRATOR ASSUME FULL RESPONSIBILITY FOR CLAIMS PROCESSING. THERE IS NO ADDITIONAL COST SINCE THIS RESPONSIBILITY IS ALREADY INCLUDED IN OUR CONTRACT. THIS ADDITIONAL CONTRACT ACCOUNTABILITY WILL SAVE ERRORS, STAFF TIME AND POSTAGE COSTS. AS RECOMMENDED BY THE OPERATIONS COMMITTEE FEBRUARY 9 , 1994, WE ARE REQUESTING AN AMENDEMENT TO THE WORKER'S COMPENSATION ORDINANCE ALLOWING AN INCREASE IN THE CASH BALANCE FROM $2,000 TO $20,000. THIS WILL IMPROVE OUR PROCESS AND ACCOMO- DATE THE TIME LAPSE INVOLVED IN WIRE TRANSFERS AND VALID FUND REIMBURSEMENT. KEN AND THE OTHER STAFF INVOLVED ARE TO BE COMMENDED FOR THIS SUGGESTION TO IMPROVE OUR PROCESS. ,FATWIN,KEN / KENT70/PR - HPDesk print. lessage. Dated: 09/22/93 at 0927. Subject: Workers Compensation Claim Handling Sender: Ken CHATWIN / KENT70/PR Contents: 2. ?art 1. ,ROM: Ken CHATWIN / KENT70/PR TO: Tony MCCARTHY / KENT70/AD Mayene MILLER / KENT70/FN CC: Brigitte HOOPES / KENT70/FN Laurie MURRAY / KENT70/FN Don OLSON / KENT70/PR Part 2. Tony: Follow-up to my memo of 4-1-93 to streamline handling and staff time procedures on claims handling, copy attached. Proposal is outlined below, what we were doing and how we propose to revise. Scott Wetzel Workers Compensation Claim Handling Clerical and Staff Handling What We Were Doing How We Propose to Revise 1. Involves staff time cost and loss ' 1. No actual $ cost savings under the of efficiency but has no $ cost contract, just transfers functions effect to the contract itself to Scott Wetzel that we were paying ' for yet performing with city staff 2. Staff time that can be saved: 2. Staff time savings ''s efficiency A. Cover letter to employees, city and cost savings. staff prepares, types and mails = A. Function Scott Wetzel normally loss of staff time and postage. prepares and mails for all other ' clients at same contract price='s ' time and postage savings B. Verification of lost wages, sick I B. Allow Scott Wetzel to contact time, rate of pay is time handled ' time keeper direct per attachment by phone through Human Resources. ' n2 list, cut out at least 2 phone Time spent answering, taking info. ' call steps by Human Resource placing call to dept. time keeper, ' personnel ='s time savings and developing info. or leaving call I efficiency gain. back then developing info., then ' returning call to Scott Wetzel if ' able to get thru ist time. ' C. Zero blance banking staff time ' C. Pre -fund account at.normal 1/2 requirements of Human Resources & I month activity level, have Sco+-t Finance Dept. This mandates delay ' Wetzel mail all checks direct in payment to medical providers, ' with cover letters, incorporat- requires special handling and I ing the newly designed and word - batching of mail by Scott Wetzel, I ed "Sorry you were hurt letter", duplicates postage cost in mailing all checks to Human Resources for cover letter preparation and preparation of Fund Transfer sheet ' for Finance personnel to handle ' .,and fund the account. Requires ' staff time and expenses on the part' of both Human Resources and Finance' to handle in this manner for which ' we are already paying in the cost ' of the contract for Scott Wetzel to/ handle. Thanks, Ken Chatwin Attachment #3. Scott Wetzel then prepares and delivers the check run to Finance with info. for sick leave reimbursement through the newly designed "Time Loss Payroll Notice" Attachment #4. Savings in postage, staff time, and efficiencies will more than off set investment income loss on pre -funding amount. Check run will automatically establish funding amount to be deposited for next 1/2 month activity. j ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending Kent City Code Chapter 3.05 raising the authorized amount in the City of Kent Worker's Compensation Bank Account, and authoriz- ing the Operations Director to transfer monies to the Account. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 3.05 of the Kent City Code is hereby amended to read as follows: 3.05.010 CREATED. There is hereby established in the office of the ((wee)) operations director a special account to be known as the worker's compensation bank account. 3.05.020 AMOUNT AND AUTHORIZATION. The amount of the Account shall be ((tFte)) twenty thousand dollars ($20,000.00). The Operations Director or his designate is hereby authorized to ((issQe a eheeie—in that Wit)) transfer((r4iiq)) funds from the general account to the Worker's Compensation Bank Account. 3.05.030 APPLICATION FOR USE. The funds of this account shall be for the use of the City of Kent for payment of City of Kent Worker's Compensation claims. Application for payment out of this account shall be Ii submitted to the Operations Director or his designate for approval. The Operations Director or Finance Manager, is authorized to ((' . , ek--�e) ) reimburse funds to the Worker's Compensation Bank Account from the Worker's Compensation Fund in amounts necessary to cover all approved payments for Worker's Compensation claims. Section 2. Any account consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of , 1994 APPROVED the day of 1994 PUBLISHED the day of , 1994 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. BRENDA JACOBER, CITY CLERK (SEAL) wrkrscom.ord I Kent City Council Meeting Date February 15, 1994 Category Consent Calendar 1. SUBJECT: GREEN RIVER TRAIL FENCE PROJECT 2. IIMMARY STATEMENT: As recommended by the Parks Co t uthorization to accept as complete the Green River Trail Fence project and to release r tainage to Quality Fence Builders upon receipt of State releases The project was completed within budget. 3. EXHIBITS: Parks Committee minutes 4. RECOMMENDED BY: approval 3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 2V 7. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F Parks Ccamittee Minutes February 8, 1994 3 Councilmember Bennett moved to authorize staff to take acceptance of these projects directly to Council as soon as punch list items have been completed. Councilmember Mann seconded. The motion passed unanimously. It was discussed at the agenda meeting that once projects are accepted and the project is within budget, these items will not come to Parks Committee anymore but will be taken directly to Council as a Consent Calendar item. RIVERBEND GOLF COMPLEX DIRECTOR'S REPORT Keith Sanden reported that preliminary reports from Finance reveal that January revenues were up the largest in history. He said that the new Golf Course Superintendent, Pete Petersen, is very knowledgeable and very refreshing to work with. SSMD is working on a long range plan for complex improvements to update the complex's image. Mr. Sanden reported that a new driving range will be opening soon which will give the City some competition. Repairs to the back fence at the driving range have been completed. Customer credit files and inventory are now on the computer which will hopefully expedite customer service. All tournaments for Men's and Women's Clubs have been set up for the year. The golf course will sponsor a major tournament scheduled for July 31. More details will be provided at a later date. Councilmember Mann inquired if there is anything planned for the mini putt. Mr. Sanden said that the preliminary plan is to leave the existing mini putt in place and build an 18 hole in the grassy area not being used. He said this project would be his first priority because it is the most visible, would create more goodwill and exposure, and requires less money and time to complete. GREEN RIVER TRAIL FENCE PROJECT ACCEPTANCE Councilmember Bennett moved to accept the Green River Trail Fence Project as complete. Councilmember Mann seconded. The motion passed unanimously. INTERURBAN TRAIL BRIDGE REPLACEMENT PROJECT ACCEPTANCE Councilmember Bennett moved to accept the Interurban Trail Bridge Replacement Project as complete. Councilmember Mann seconded. The motion passed unanimously. Patrice Thorell said that staff will send a thank you letter to Puget Power for their $42,000 donation which paid for half of the project. Jack Ball complimented the construction company who did the work, Coluccio Construction Company. The company did a nice job, and completed the project on time and within budget. CHANGE IN MEETING TIME The Parks Committee will meet the first Tuesday of each month at 4:30 p.m. Kent City Council Meeting UUU"' Date February 15, 1994 Category Consent Calendar 1. SUBJECT: INTERURBAN TRAIL BRIDGE REPLACEMENT PROJECT p-P-�INCE 2. SUMMARY STATEMENT: �, A`recommended by the Parks Committee uthorization to accept as come ttFie- n erur an Trail idge Replacement project and to release retainage to Frank Coluccio Construction Company upon receipt of State releases, The / project was completed within budget. \ 3. EXHIBITS: Parks Committee minutes 4. RECOMMENDED BY: Consultant Alpha Engineers; Parks Department; _ and Parks Committee (2/8/94 unanimous approval 3-0 (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3G Parks Committee Minutes February 8, 1994 M ACCEPTANCE OF EAST HILL PARK SCENIC HILL PARK, AND GREEN RIVER TRAIL PROJECTS AS COMPLETE Councilmember Bennett moved to authorize staff to take acceptance of these projects directly to Council as soon as punch list items have been completed. Councilmember Mann seconded. The motion passed unanimously. It was discussed at the agenda meeting that once projects are accepted and the project is within budget, these items will not come to Parks Committee anymore but will be taken directly to Council as a Consent Calendar item. RIVERBEND GOLF COMPLEX DIRECTOR'S REPORT Keith Sanden reported that preliminary reports from Finance reveal that January revenues were up the largest in history. He said that the new Golf Course Superintendent, Pete Petersen, is very knowledgeable and very refreshing to work with. SSMD is working on a long range plan for complex improvements to update the complex's image. Mr. Sanden reported that a new driving range will be opening soon which will give the City some competition. Repairs to the back fence at the driving range have been completed. Customer credit files and inventory are now on the computer which will hopefully expedite customer service. All tournaments for Men's and Women's Clubs have been set up for the year. The golf course will sponsor a major tournament scheduled for July 31. More details will be provided at a later date. Councilmember Mann inquired if there is anything planned for the mini putt. Mr. Sanden said that the preliminary plan is to leave the existing mini putt in place and build an 18 hole in the grassy area not being used. He said this project would be his first priority because it is the most visible, would create more goodwill and exposure, and requires less money and time to complete. GREEN RIVER TRAIL FENCE PROJECT ACCEPTANCE Councilmember Bennett moved to accept the Green River Trail Fence Project as complete. Councilmember Mann seconded. The motion passed unanimously. INTERURBAN TRAIL BRIDGE REPLACEMENT PROJECT ACCEPTANCE Councilmember Bennett moved to accept the Interurban Trail Bridge Replacement Project as complete. Councilmember Mann seconded. The motion passed unanimously. Patrice Thorell said that staff will send a thank you letter to Puget Power for their $42,000 donation which paid for half of the project. Jack Ball complimented the construction company who did the work, Coluccio Construction Company. The company did a nice job, and completed the project on time and within budget. CHANGE IN MEETING TIME The Parks Committee will meet the first Tuesday of each month at 4:30 p.m. Kent City Council Meeting Date February 15, 1994 Category Consent Calendar 1. SUBJECT: R.V. REST STOP - NADEN AVENUE &Aoiizo%on ' ---- 2. SUMMARY STA MENT: IrAs recommended by the Public Wnrlcs _9erai*4:t43!e, 44T4erct the Public Works Director to install a 5 -stall R.V parking lot on Naden Avenue, south of Meeker Street,an from leftover funds within the James Street 86/87 Overlay fund (Fund #R81)feES- p�CP�5 -�� C'& 3. EXHIBITS: Public Works minutes, Public Works Director memorandum and vicinity map 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended ✓ NN 7. EXPENDITURE REQUIRED: SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3H DEPARTMENT OF PUBLIC WORKS FEBRUARY 2, 1994 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM Dtom''", RE: R.V.'S REST STOP - NADEN AVENUE Per Jim Bennett's request, attached is a layout for a 5 stall RV parking lot on Naden Avenue south of Meeker Street. The total cost thereof is $13,000.00. As previously discussed, there will be no water, electrical hook-ups or restroom facilities. We will be providing 24 hour parking only and signs will be installed indicating this. Financing for this project can be taken from the 193 overlay fund for which adequate leftover funds exist. If Committee wishes to proceed, then the following action is necessary. ACTION: Concur with the Public Works Director on the installation of the 5 RV parking stalls and recommend that Council directs the Public Works Director to move forward accordingly. AVE N RH AVE u N N Ln s �. Cc F p M MDOD/ORD A . Nn A SCENIC wAr 0.7 T N 0 L,) ,_.. C) I \D 1ry HILLCREST AVE 1)} - i � M3nA N CL.A*K GAVE m err y iw � in t � AVE A S t ! N JASDH AVE iv ANTERC fw AVE n �•�AVE LLIt'pRA AVE j J. � •Ii it%Y"� i•''�J wAL OEM r �• T rn rLx ^^Ai AT1K r NADEN AVENUE 4 % RA. 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REST STOP - ?i (I qtgxi PUBLIC WORKS COMMITTEE FEBRUARY 2, 1994 PRESENT: PAUL MANN MAY MILLER JIM BENNETT LINDA JOHNSON TIM CLARK MR & MRS RUST DON WICKSTROM Signal at Reiten & Jason Wickstrom stated that we received two bids within the engineer's estimate and we are recommending award to the low bidder. He pointed out that this does include traffic control. Wickstrom said that originally we were looking at just a pedestrian activated signal but we had to install some controls because of traffic turning out of Reiten. Regarding the pocket between Canyon Drive and this intersection, Bennett asked if this signal will still allow enough flow without the problem of traffic backup on Canyon. Wickstrom said the two signals are not integrated; this will be a free flowing signal, according to our traffic staff. Wickstrom said the signal will be primarily pedestrian operated. Committee unanimously recommended acceptance of the low bid and award of the contract to the V Company. E> R.V. Rest Stop - Naden Avenue Wickstrom said we are proposing a 5 stall R.V. Rest Stop with parking only; no facilities available. Wickstrom said the cost for this installation would be approximately $13,000 noting that we have funds left over from the overlay project we did on 4th Avenue. In response to Clark, Wickstrom said this is not anticipated to become a revenue producer for the City. He said if we did, we would be competing with KOA and as such, a policy decision would be appropriate. Wickstrom said the facility would be signed, 1124 Hour Parking Only" and that would be subject to policing. The suggestion was made from the audience that a "bulletin board" type of structure be installed where up -coming- city events could be posted as well as road directional signs for the R.V. rest stop. Mann asked if the bulletin board and road signs could be included in the cost. Wickstrom agreed and said this was something we could do. Committee unanimously recommended the installation of the R.V. Rest Stop on Naden Avenue, with road directional signs and bulletin board to be included in the construction cost. (continued) 1. SUBJECT: Kent City Council Meeting Date February 15, 1994 Category Consent Calendar REAPPOINTMENT TO DRINKING DRIVER TASK FORCE 2. SUMMARY STATEMENT: Confirmation of the Mayor's re- appointment of Ford Kiene te eent-inkle-seerving-as a member of the Drinking Driver Task Force. Mr. Kiene's new appointment will continue to 1/1/97. 3. EXHIBITS: Memorandum from Mayor White 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. 7. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3I MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYok I ;, . `i DATE: FEBRUARY 9, 1994 SUBJECT: REAPPOINTMENT OF FORD KIENE TO DRINKING DRIVER TASK FORCE I have recently reappointed Ford Kiene to continue serving as a member of the Kent Drinking Driver Task Force. Mr. Kiene's new term will continue to 1/1/97- I submit this for your confirmation. JW:jb O Kent City Council Meeting Date February 15, 1994 Category Consent Calendar 1. SUBJECT: APPOINTMENT TO CITY TRANSIT ADVISORY BOARD 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Theodore E. (Ted) Nixon te--je-rve as a member of the Kent Transit Advisory Board. Mr. Nixon is a Kent resident and is interested in Kent's future growth and expansion. He will replace Jim White, who resigned, and his new appointment will continue to 4/30/96. 3. EXHIBITS: Memorandum from Mayor White 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO v"" YES-�� FISCAL/PERSONNEL NOTE: Recommended Not Recommended ✓ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3J MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MBERS FROM: JIM WHITE, MA�� DATE: FEBRUARY 9, 1994 SUBJECT: APPOINTMENTS TO CITY TRANSIT ADVISORY BOARD I have recently appointed Theodore E. (Ted) Nixon to serve as a member of the City Transit Advisory Board. Mr. Nixon is a Kent resident and is interested in Kent's future growth and expansion. While serving as a Council Member, I served on the Transit Advisory Board, and Mr. Nixon will replace me. His term will continue until 4/30/96. I have also appointed City Council Member Jim Bennett to serve as Ex -Officio member of the Board. I submit this for your confirmation of Mr. Nixon's appointment. JW.jb 1. SUBJECT: COUNCIL ABSENCE Kent City Council Meeting Date February 15, 1994 Category Consent Calendar 2. SUMMARY STATEMENT: Approval of a request for an excused absence from February 11 1994, City Council meeting from Councilmember Christi Houser I0> $he was unable to attend. 3. EXHIBITS: Memorandum from Councilmember Houser 4. RECOMMENDED BY: Councilmember Houser (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended MR 7. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3K MEMORANDUM TO: JIM WHITE, MAYOR CITY COUNCILMEMBERS FROM: CHRISTI HOUSER, CITY COUNCILMEMBER DATE: FEBRUARY 10, 1994 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the February 1, 1994 City Council meeting. I was unable to attend. Thank you for your consideration. CH:jb 1. SUBJECT: J u(Ie5 CAHFr6/HOBBS ANNEXATION Kent City Council Meeting Date February 15, 1994 Category Other Business 2. SUMMARY STATEMENT: This date has been set for a meeting with the initiators of the Jones/Hobbs Annexation, an area of approximately 25 acres located at the northwest corner of 100th Avenue SE and South 222nd Street. Staff recommends that the Council accept the 10% annexation petition and geographically modify the proposed boundaries by extending them to include all of the rights of way for South 222nd Street and 100th Avenue SE where they are adjacent to the proposed annexation. In addition, staff recommends that the Council authorize circulation of the 60% petition subject to the City's existing indebtedness. 3. 4. gn Cil EXHIBITS: Staff report, vicinity map and notification of intention to commence RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT• NO YES t✓ FISCAL/PERSONNEL NOTE: Recommended ✓ Not Recommended EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember_ L -VV moves, Councilmember seconds accept the 10% annexation petition and geographically modify the proposed boundaries by extending them to include all of the rights of way for South 222nd Street and 100th Avenue SE where they are adjacent to the proposed annexation, and to authorize circulation of the 60% petition subject to the City's existing indebtedness. DISCUSSION: ACTION: Council Agenda Item No. 4A CITY of LE1 CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM February 91 1994 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR ION: NOTICE OF INTENTION TO SUBJECT: JONES/HOCOMMENCE BANN ANNEXABS TION PROCEEDINGS FROM OWNER OF NOT LESS THAN 10% IN VALUE OF PROPERTY ADJACENT TO KENT (AN -94-1) MEETING DATE: TUESDAY, FEBRUARY 15, 1994, 7:00 P.M. AT KENT CITY HALL IN CHAMBERS WEST RECOMMENDATION: Staff recommends that the Council accept the 10% annexation petition and geographically modify the proposed boundaries by extending them to include all of the rights-of-way for South 222nd Street and 100th Avenue S.E. where they are adjacent to the proposed annexation. In addition, staff recommends that the Council authorize circulation of the 60% petition subject to the City's existing indebtedness. I. Names of Aptilicant Wayne Jones, President Lakeridge Development P.O. Box 146 Renton, WA 98057 II. Location The proposed annexation is northeast boundary lying north and west of 100th Avenue S.E. III. Size of Proposed Annexation 25 Acres located adjacent to Kent's of South 222nd Street (extended) (see attached map). JONES/HOBBS ANNEXATION (AN -94-1) FEBRUARY 9, 1994 PAGE 2 IV. Background Information This proposed annexation lies easterly and adjacent to the recently annexed Everson area. The northern 5 plus acres lies within Garrison Creek and the steep slopes that are adjacent to the creek. The westerly 1/2 of the area, south of the Garrison Creek area, has slopes of approximately 15%. There are approximately eight dwellings and 9 lots in the annexation area. Garrison Creek Park lies immediately to the west. V. County Comprehensive Plan and Zoning The County's recently adopted Soos Creek Plan designates the Jones/Hobbs annexation area as single family residential with a density of 1 to 8 dwelling units per acre. The Scos Creek implementing zoning designates this area as GR -5, Growth Reserve with a minimum of 1 dwelling unit per 5 acres. This zoning designation is temporary and will automatically revert to RS 7200, 1 dwelling unit per 7,200 square feet, on December 31, 1994. VI. Kent's East Hill Plan and Zoning Kent's East Hill Plan covers this area and anticipates development of 4 to 6 dwelling units per acre. Kent's zoning for the area westerly of the proposed annexation is R1-20, single family residential, 1 dwelling unit per 1/2 acre. The Jones/Hobbs annexation will have an interim zoning of R1-20 upon annexation; final zoning will be applied within 6 months of annexation. VII. Impacts to City Operations All City departments were contacted concerning this proposed annexation. The Fire Department feels that as long as sufficient funds are committed to the ongoing delivery of service there should be no significant impact as long as properties are utilized as they are currently being used. The Public Works Department states that the ongoing operations and maintenance service to the annexation area are minimal. JONES/HOBBS ANNEXATION (AN -94-1) FEBRUARY 9, 1994 PAGE 3 VIII.Financial Information Financial information will be distributed at the City Council meeting. VIII.City Annexation Policies In 1987 the City Council adopted policies that deal with annexations (Resolution 1150). A review of those policies indicates that the Jones/Hobbs annexation satisfies their intent. JP:JONESHOB.ANX JONES/HOBBS ANNEXATION 11 y B�Zr i M CitBoundary � City -i IL'Sri% c, ill ��;°1i�/?'����_��I�iil�\�,L ,ri l�_-�IA� � � �{,�dl( v M��� IL •��.? N U11�." .� \—` '1 ` \ 'Itt�t County `l Ili \�y 1,\ \\ ` �v �I, }�, 1\ � •`� Site of Annexation t \ I I 44 �•\\`�G\��7�'a:i�i�l'\�All '/l��. i�-,\``t [I. 11 I}\`\�!` ° .�� �',.•�f�\�C.:�Ir /1���1�1 I 1 �\ Cit Boundary.,���r� County 6'�11- ?iII'�1�ii k1. 71 ����A`�A� A\��Ay�a�A �AV AI�� I �A \ �• I�� �11��( IJ�� 1 ���� �� I JONES/ r N f " D MAIL TO: Ll LI SAM _ 3 �gy4 city of Kent Property Management CITY OF KENT 220 4th Avenue South CITY CLERK Kent, WA 98032 Attn: Jerry McCaughan NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS NAME OF PETITIONER: TO: THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON We, the undersigned, constituting the owners of not less than 10% in value, according to the assessed valuation for general taxation of the property contiguous to the City of Kent for which annexation is to be petitioned do herety notify you Of our intention to commence annexation proceedings seeking the annexation of the following described property to the City of Kent, by circulating a petition therefore among the property owners of said area. The territory proposed to be anne,:ed is within King Ccunty, Washington, and described as follows: 17 i. </_I c� ,C/! C��s' •S� �i�- .�CLCC✓ / �Olc7'�b L Z'", f'� ABOVE OR ATTACHED DESCRIPTION NOT TO BE USED FOR LEGAL OR ORDINANCE PURPOSES WHEREFORE, these initiating parties respectfully request the Honorable Council to set a date for a meeting with these initiat_nc parties within 60 days from the date of filing this notice to determine whether the City of Kent will accept the prcrosed annexation, and whether it shall require the assumption of existing City indebtedness by the area to be annexed. 14592 PRINT NAME & ADDRESS IN INK LEGAL DESCRIPTION SIGN WITIl PROPER SIGNATURE Cl OF KE&TT, BLOCK & PLAT OR TAX LOT CI CLERK t�.DI /Z t F", /6� i 1 1 1 I • ('' III •nr, .•r (i �' I..' - � / ,fes // � •.•• \ • 'r 11 1:��..� fff-,j.. if-- Ir .. F r 1!.•sr b.1 �./`•(( ... •.. I�il '. •n•• a] 1 ) , f < V " JAN — 3 1994 < � �W-1 a.sonl Q29.- CIN OF KENT CLERK n ; CITY \) ' I IN s o r 2% IF I � \ I�_J_f. 1, • •r.. II 1 o ----- 1 >> ( 39 -- ...—.4 Q. I.I 1 i .5E 7-22-5 E 8.-23 \\ I � ,I /� • Ips" I — ''r � I` r��J i - .......... J- /' ..'��II{�]\\ ' .�� .•/.\.�''ry-�•, /'•�t, Y�� _ISI ly dAIE 11/01/93 YE Lu 3 iS54 CITY OF KENT City of KENT CLERK TIME 10:24 DELTA FILE SUMMARY REPORT TopeDt Sectn Parcel AT Taxpayer Taxpayer Addr P(oce / Zone -Uses 3802400125 MAYES CHARLES S JAN 23634 156 AV SE KENT UA 98042 101 SITE: 21690 90 AV S LEGAL: LOT -7 BLOCK- UNEEDAN ORCHARD IRS UNREC LESS N 200 8802400127 WILLIAMS MNEIL S 21819 100 AV SE KENT WA 98931 101 SITE: 21819 100 AV SE LEGAL: ✓ LOT -7 BLOCK- UIIEEDAN ORCHARD TRS UNREC LESS THAT P 8802400130 GASKILL 6014RIE 00139 RIVER DR OUINCY WA 98848 101 SITE: 22025 100 AV SE LEG/AL LOT-8 0LOCK- UNEEDAN ORCHARD IRS UNREC 8802400485 HOBBS WAYNE G ✓ 01019 E LAUREL KENT WA 98031 101 SITE: 09040 S 222 ST )V LEGAL: i LOT -25 BLOCK UNEEDAN CRCIIARD IRS UNREC LESS CO RD 8802400505 HODES WAYNE G ti/ 01019 E LAUREL KENT VA 98031 101 SITE: 09840 S 222 SI LEGAL: iLOT 26 BLOCK UIIEEDAV CRCIIARD IRS UNREC TAY FOR PA 8802400525 JACKSON DWIGHT A 09650 S 222 ST KENT UA 98031 101 [I/ SITE: 09650 5 222 Sr LEGAL: SLOT -27 BLOCK- UNEEDAN ORCHARD IRS UNREC FOR OF E 1 8802400530 KOGPMAHS RICIIARD L•CIN 09642 S 222 S1 KWPMANS,ARVEN KENT WA 98031 101 SITE: 09642 S 222 SI LEGAL:--'LOT-27 BLOCK UNEEDAN ORCHARD IRS UHAEC E 1/2 LESS 8802400535 KCCPMANS RANDY 09708 S 222 KENT WA 90931 101 SITE: 09708 S 222 SI LEGAL: /LOT FOR 27 BLOCK- UNEEDAN ORCHARD IRS UNREC RP ACT 8802400540 KOOPHANS ARVEN 10020 SE 192 ?? b S RENTON WA 98055 q s ` 901 SITE: LEGAL iL0T POR 27 BLOCK UNEEDAN ORCHARD IAS UIIREC Lot 1 REPORT: GB&A0 PAGE 8 Lot/Acres Lord Value Inp Value 0.918 42,900 110,200 3.810 92,600 100,400 4.750 157,700 76,300 4.610 -156,000 300 4.950 .161,100 58,300 0.920 58,3C0 158,600 1.360 75,500 80,300 0.993 60,000 97,046 1.500 78,000 0 �C9N JAN - YE Lu 3 iS54 CITY OF KENT CITY CLERK 1. SUBJECT: Kent City Council Meeting Date February 15, 1994 Category Bids ����,�yq� TRAFFIC SIGNAL AT REITAN�AND JASON i'UV' 2. SUMMARY STATEMENT: ,1, -''Bid opening for this project was held 6h February 2nd with two bids received. The low bid was sub- mitted by The V Company in the amount of $42,000.00. The Engineer's Estimate was $46,000.00. The project consists of a signal system installation, primarily pedestrian activated. The Public Works Committee has recommended that this bid be accepted. 3. EXHIBITS: P blic Works minutes, Public Works Director memorandum a d vicinity map 4. RECOMMENDED BY PU b I G ODf iS VArn r1t2Z (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL PERSONNEL IMPACT: NO_�,,-� YES FISCAL PERSONNELOTE: Recommended Not Recommended 6. EXPENDITURE RE UIRE : $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION Councilmember move, Couneil-member seconds that the contract for the Traffic Signal at Reiten & Jason be awarded to The V Company in the bid amount of $42,000.00. beV\V\V+I 5e cou,(AZd cid 4KAk- wX_i�ay� cwntd . DISCUSSION: ACTION• M Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS FEBRUARY 2, 1994 TO: PUBLIC WORKS �CO`1M1MITTEE FROM: DON WICKSTROM V(�`�1 RE: SIGNAL AT REITEN ROAD & JASON AVENUE Bid opening for this project was held February 2nd, with two bids received. The low bid was submitted by The V Company in the amount of $42,000. BID SUMMARY The V Company $42,000.00 Service Electric Company $44,444.00 Engineer's Estimate $46,000.00 ACTION: Recommend the low bid of $42,000 be accepted and the contract awarded to The V Company. NADEM AVE tN Ii MCOLN r' _Z f 3AV H1tL w AVE 1'�! .• T ir" . � 3 .• r. � x i 6TH H A • Z E 6TH AVE AVE f STH 7 i ,, AVEE i S STH AVEti > .. • M ETH AVE ¢j;® f4TH AVE N 4TH AVE N N i. 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AVE sc 07 IODTH AVE t1jAj rNN AVC sE Ii v A^ 102NO. ..barricade 7 SIGNAL AT REITEN ROAD & JASON AVENUE AVE a � O N _a 2 U ^ A N PUBLIC WORKS COMMITTEE FEBRUARY 2, 1994 PRESENT: PAUL MANN MAY MILLER JIM BENNETT LINDA JOHNSON TIM CLARK MR & MRS RUST DON WICKSTROM 0 Signal at Reiten & Jason Wickstrom stated that we received two bids within the engineer's estimate and we are recommending award to the low bidder. He pointed out that this does include traffic control. Wickstrom said that originally we were looking at just a pedestrian activated signal but we had to install some controls because of traffic turning out of Reiten. Regarding the pocket between Canyon Drive and this intersection, Bennett asked if this signal will still allow enough flow without the problem of traffic backup on Canyon. Wickstrom said the two signals are not integrated; this will be a free flowing signal, according to our traffic staff. Wickstrom said the signal will be primarily pedestrian operated. Committee unanimously recommended acceptance of the low bid and award of the contract to the V Company. R.V. Rest Stop - Naden Avenue Wickstrom said we are proposing a 5 stall R.V. Rest Stop with parking only; no facilities available. Wickstrom said the cost for this installation would be approximately $13,000 noting that we have funds left over from the overlay project we did on 4th Avenue. In response to Clark, Wickstrom said this is not anticipated to become a revenue producer for the City. He said if we did, we would be competing with KOA and as such, a policy decision would be appropriate. Wickstrom said the facility would be signed, 1124 Hour Parking Only" and that would be subject to policing. The suggestion was made from the audience that a "bulletin board" type of structure be installed where up -coming- city events could be posted as well as road directional signs for the R.V. rest stop. Mann asked if the bulletin board and road signs could be included in the cost. Wickstrom agreed and said this was something we could do. Committee unanimously recommended the installation of the R.V. Rest Stop on Naden Avenue, with road directional signs and bulletin board to be included in the construction cost. (continued) CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESI B. OPERATIONS COMMI C. PUBLIC WORKS D. PLANNING E. PUBLIC SAFETY F. PARKS G. ADMINISTRATIVE REPORT BOARD OF ADJUSTMENT MINUTES January 3, 1994 The scheduled meeting of the Kent Board of Adjustment was called to order by Chair Jack Cosby on the evening of Monday, January 3, 1994 at 7 p.m. in Chambers West, Kent City Hall. BOARD OF ADJUSTMENT MEMBERS: Jack Cosby, Chair Ron Banister Doug Gesler Berne Biteman, Vice Chair, absent Walter Flue, absent CITY STAFF MEMBERS: Fred Satterstrom, Planning Manager Lois Ricketts, Recording Secretary APPROVAL OF THE BOARD OF ADJUSTMENT MINUTES Mr. Banister MOVED that the minutes of the December 6, 1993 meeting be approved as written. Mr. Gesler SECONDED the motion. Motion carried. Chair Cosby administered the oath to all who intended to speak. PACIFIC DETROIT DIESEL VARIANCE - #V-93-5 (FS) Fred Satterstrom presented the applicant's request for a variance from Kent Zoning Code Section 15. 08.050(9)(b)(3) which requires hazardous substance land uses to be set back one-quarter mile (approximately 1,300 feet) from public parks and recreation areas. The subject site is located at 7215 228th Avenue South and is approximately five acres in size. The site is zoned M1, Industrial Park District. The applicant wishes to house regional sales/administration offices, parts distribution, engine and transmission storage, engine and transmission remanufacturing and tests, fabrication shop and shop for component replacement and incidental repair and maintenance work on trucks, buses and motor homes. The site lies approximately 500 feet from the Interurban Trail which does not meet the quarter mile distance requirement. The land use pattern in the general vicinity is light industrial. The hazardous substances proposed on the subject property include paint stripper, enamel, acrylic, urethane hardener, primers, aerosols, brake fluid, silicone sealers, cleaners, oil, coolants diesel fuel, transmission fluid and petroleum products. The variance would not constitute a grant of special privilege because there are numerous existing properties in the area which have similar uses. The special circumstance is that the entire site is Kent Board of Adjustment January 3, 1994 located within one-quarter mile of the Interurban Trail. Granting this variance would not be materially detrimental to the public welfare. By setting back the proposed building an additional 50 feet from the eastern property line, the total setback from the Interurban Trail would be 550-570 feet. (The staff report was corrected to read 50 feet from the eastern property line, not 80 feet. The staff report stated that 600 feet from the Interurban Trail was the area for the proposed building site. This was changed to 550-570 feet.) The Fire Department stated that the proposed substances are below risk level and can be handled by existing personnel. Chair Cosby asked why there were changes from 80 feet to 50 feet and from 600 to 550-570 feet. Mr. Satterstrom responded that Armin Quilici, a Kent Planner, had discussions with the applicant and understood that the building would be placed 80 feet from the property line which would be approximately 600 feet from the trail. This evening he was shown a more specific plan that reduced the 80 feet by 30 feet down to 50 feet. Dave Keeley, project architect for Pacific Detroit Diesel, felt the staff report addressed the issues pertinent to the project. The large site plan given to Mr. Quilici showed the position of the tanks for the outside facility to be within 50 feet of the property line. The actual building with the service bay area would be within 80 feet. There will be an outside, above -ground containment area for a 500 -gallon diesel storage, 250 gallon storage tank for 40 weight oil, automatic transmission fuel, and two waste oil recovery tanks. The building would be set back 80 feet, but the containment area would be set back only 50 feet from the property line. Pacific Detroit Diesel is a distributor, wholesaler, warehouse and support for Allison Transmissions, Detroit Diesel Engines, and Koller Generators, but they primarily function as a distributor. They are not in the service or repair business. They test engines, rebuild engines, rebuild transmissions, all of which need deep oil to test them and lube oils to get them running. They also provide the service to change the oil, filters, etc. The service bay area is a drive-through facilities which is large enough to accommodate articulated buses used by Metro. They have a contract for warranty repair work for all those facilities. The site is separated from the trail by adjacent properties as well as topography changes between their site and the trail. If there were any spillage, it could not get to the trail because of a containment area that is located outside the service bay area on the east side of the building. The enclosure will have concrete walls on two sides and will be covered with a roof. It will be 2 Kent Board of Adjustment January 3, 1994 landscaped according to the zoning code. There will be a six-inch curb that is capable of accommodating the largest container of chemicals in case it should rupture. There will be a drain in the middle of the containment area that will be kept closed. This system is approved by Metro for discharge and cleaning of any products before draining into the sanitary sewer. Pacific Detroit Diesel is currently located in Seattle on East Marginal Way. Mr. Gesler MOVED to close the public hearing. Mr. Banister SECONDED the motion. Motion carried. Mr. Gesler MOVED that the variance be granted. Mr. Banister SECONDED the motion. Motion carried unanimously. ELECTION OF OFFICERS Mr. Banister MOVED that the election of officers be postponed until the next meeting. Mr. Gesler SECONDED the motion. Motion carried. ADJOURNMENT Mr. Gesler MOVED that the meeting be adjourned SECONDED the motion. Motion carried. The meeting was adjourned at 7:45 p.m. Respectfully submitted, J me P. Harris, Secretary 3 Mr. Banister Parks committee Minutes February 89 1994 councilmembers Present: Christi Houser, Chair; Jim Bennett and Paul Mann. Staff Present: Tom Brubaker, Patrice Thorell, Robyn Bartelt, Bill Wolinski, Jack Pam Others Present: Amiel and Janice Forshee, 4109 S. 243rd Place, Kent WA 98032; Kris and Vic Case, 3739 S. 243rd St., Kent, WA 98032; Mike Kelly, 20416 244th Ave. SE, Kent, WA 98032; Steve Pede4ana, 13503 SE 251st Place, Kent, WA 98042; Rick Liechty, 17303 SE 238th, Kent, WA 98042; Keith Sanden, Riverbend Golf Complex. PROPOSED PARK AT MIDWAY RESERVOIR SITE Over the past year and a half, it has been discussed at Parks Committee meetings and in various correspondence that the City of Seattle is interested in selling the Midway Reservoir site. At that time, approximately 200 West Hill residents signed a petition asking the City of Kent to purchase the property for recreational purposes. 100 of those residents were willing to participate in an Adopt -A -Park program to help take care of the park. Amiel Forshee explained that the property has been used for 30 years by children adults f ohave lyansafe safe toother play recreational auparkes. wouldResidents want upgrade the neighborhood. Councilmember Houser explained that the City of Kent has been working with the City of Seattle and is interested in purchasing the property, depending upon the price and terms. Patrice Thorell reported that other groups have also expressed an interest in purchasing the property: the City of Federal Way in interested in the property as a water reservoir site; the National Guard is interested in purchasing a to expand their parking area; and King County Planning portion of the property and Development is interested in the land for low income housing. The property is appraised at $187,000. The City of Seattle is willing to agree to terms of 20% down and 7% interest over a 10 year contract. The Seattle Water Department has put all issues regarding the property on hold until May. In the meantime, Seattle will investigate all possible uses for the property and then meet with interested groups and discuss who they want to sell the property to. Councilmember Mann moved to have staff continue to pursue purchase of this property. Councilmember Bennett seconded. The motion passed unanimously. Thorell added that the Parks Department has enough capital dollars in 1994 as matching funds from the CIP for park purposes. Some of those dollars can be reallocated for this project. Steve Pedegana explained that -the -American Legion organization is proposing to provide some enhancements to Kent Memorial Park. Those enhancements include an announcer/ scorekeeper booth, covers for the dugouts, and foul poles on the outfield wall corners. Mr. Pedegana explained that this would be at no expense to the City. The Legion is proposing to provide all labor and materials. Patrice Thorell explained that the proper procedure is for the American Legion to work with City staff to work out the details. Once details have been worked out, the City would accept the enhancements. Councilmember Bennett moved to accept the American Legion's proposed enhancements to Kent Memorial Park once all details are worked out with City staff. Councilmember Mann seconded. The motion passed unanimously. LAKE FENWICK RESTORATION PROJECT REPORT The Public Works Department is addressing various water quality problems in Lake Fenwick. The land draining to the lake has degraded in quality and the lake's oxygen content has decreased resulting in insufficient oxygen. Public Works is looking at corrective measures to the inlet to the lake. They are constructing a wetland area to allow natural uptake of plants and installing an aerating system in the main body of the lake to correct the oxygen problem. Another part of the project involves stabilizing those areas affected by erosion due to high foot traffic. One specific problem slope area is the area known as the tree swing area. Because of high use, all of the vegetation in the area has been trampled. Other problems in this area include dumping, littering, and partying. Because recreation is one of the objectives of the overall project, -Public Works is proposing to use a phased approach to try to address the problem. If the area continues to be degraded, the City will have to take further action to restrict use of the area. Staff has talked with arborists, and the recommendation is to selectively remove branches of the tree which would eliminate the swing. Wolinski said that hopefully it will not come to this, but if the area continues to be degraded, the slope and tree will be washed into the lake anyway. Staff plans to visit the site and talk with users of the area to try and get the community to take ownership and police the area themselves on a voluntary basis. Tom Brubaker commented that because the City is aware that the tree swing is there and continues to leave it there, we are leaving ourselves open to be sued if someone is injured. He added that the City may be increasing its potential liability by adding controlled access and inviting users to the area. Councilmember Mann moved to instruct Public Works staff to remove selected branches of the tree according to the process deemed most appropriate by the Public Works Department. Councilmember Bennett seconded. The motion passed 2-1, with Councilmember Houser opposing. 3 AS COMPLETE take of these Councilmemer ie nett to m ncel as soonoasZpunch listoitems have pe beencompleted. projects rec ccted and the Councilmember Mann seconded. The motion passed unanimously. It was discussed at the agenda meeting itemswill that nonccomeojecto sare arksCommePtee anymore project is within budget, but will be taken directly to Council as a Consent Calendar item. RIVERBEND GOLF COMPLEX DIRECTOR'S REPORT Keith Sanden reported that preliminary reports Hefsaidf�th t ethe vnew thatJanuary JCourse revenues were up the largest in history. Superintendent, Pete Petersen, is very knowledgeable and very refreshing to work with. SSMD is working on a long range plan for complex improvements to update the complex's mpsoon which willMgive the CityPortthat a nsome compet tion driving range will be opening Repairs to the back fence at the driving range have been completed. Customer credit files and inventory are now on the computer which will hopefully expedite customer service. All tournaments for Men's and Women's Clubs have been set up for the year. The golf course will sponsor a major tournament scheduled for July 31. More details will be provided at a later date. Councilmember Mann inquired if there is anything planned for the mini putt. Mr. Sanden said that the preliminary plan is to leave the existing mini putt in place and build an 18 hole in the grassy area not being used. He said this project would be his first priority because it is the most visible, would create more goodwill and exposure, and requires less money and time to complete. GREEN RIVER TRAIL FENCE PROJECT ACCEPTANCE River Trail Fence Project as nmbrBnett Gree npassed unanimously. comPletemoved Mann seconded. motio INTERURBAN TRAIL BRIDGE REPLACEMENT rrcuUCI,I nv"F Councilmember Bennett moved to accept the Interurban Trail Bridge Replacement Project as complete. Councilmember Mann seconded. The motion passed unanimously. Patrice Thorell said that staff will send a thank you letter to Puget Power for their $42,000 donation which paid for half of the project. Jack ColuciO Ball complimented the construction n P e job,h and ompleted they wo did the worky projectcon The Construction Company. P Y d d a time and within budget. CHANGE IN MEETING TIME The Parks Committee will meet the first Tuesday of each month at 4:30 p.m. PUBLIC WORKS COMMITTEE FEBRUARY 2, 1994 PRESENT: PAUL MANN MAY MILLER JIM BENNETT LINDA JOHNSON TIM CLARK MR & MRS RUST DON WICKSTROM Signal at Reiten & Jason Wickstrom stated that we received two bids within the engineer's estimate and we are recommending award to the low bidder. He pointed out that this does include traffic control. Wickstrom said that originally we were looking at just a pedestrian activated signal but we had to install some controls because of traffic turning out of Reiten. Regarding the pocket between Canyon Drive and this intersection, Bennett asked if this signal will still allow enough flow without the problem of traffic backup on Canyon. Wickstrom said the two signals are not integrated; this will be a free flowing signal, according to our traffic staff. Wickstrom said the signal will be primarily pedestrian operated. Committee unanimously recommended acceptance of the low bid and award of the contract to the V Company. R.V. Rest Stop - Naden Avenue Wickstrom said we are proposing a 5 stall R.V. Rest Stop with parking only; no facilities available. Wickstrom said the cost for this installation would be approximately $13,000 noting that we have funds left over from the overlay project we did on 4th Avenue. In response to Clark, Wickstrom said this is not anticipated to become a revenue producer for the City. He said if we did, we would be competing with KOA and as such, a policy decision would be appropriate. Wickstrom said the facility would be signed, 1124 Hour Parking Only" and that would be subject to policing. The suggestion was made from the audience that a "bulletin board" type of structure be installed where up -coming city events could be posted as well as road directional signs for the R.V. rest stop. Mann asked if the bulletin board and road signs could be included in the cost. Wickstrom agreed and said this was something we could do. Committee unanimously recommended the installation of the R.V. Rest Stop on Naden Avenue, with road directional signs and bulletin board to be included in the construction cost. (continued) Additional items from Jim Bennett: House on 218th/E Valley Highway In response to Bennett, Wickstrom said that the Mayor has brought up these types of "eye sores" and wanted to know what we could do to move these things along towards development. Wickstrom said the house has been boarded up and the City has only a certain amount of authority in dealing with buildings such as this house. He also noted that this falls under the Building Code. Left Turn Lane - Willis & Bridges Bennett felt this is a dang have looked into this and because of that left turn there was a time restriction look into this. Light Synchronization Brous turn out. Wickstrom said that we there actually were accidents there movement. Bennett suggested that if on this, it may help. Wickstrom will In response to Bennett, Wickstrom said we are working on this. He noted that we had two vacant engineers positions in the Traffic Division and we re -adjusted job duties and have filled those two positions with one signal technician position. He said this will now enable us to get back into signal synchronizing. Signals on James Street Mann asked about the status of the James Street traffic signals. Wickstrom said there had been two locations discussed for possible signals; one location at Jason however, the residents along Jason do not want a light because that would tend to add more neighborhood traffic. He said the other one was on Alvord but there was a sight distance problem there. Wickstrom said he will follow up on this and will present a status report at the next Committee meeting. Meeting Time Change Committee unanimously agreed to change the Public Works Committee meeting to 4:30 p.m., the 2nd and 4th Monday of each month. Mann stated that since Monday, February 21st is a holiday, the next Committee meeting will be Monday, February 28th at 4:30 p.m. Meeting adjourned at 6:10 p.m.