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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/07/1995 City of City Council Meeting Agenda CITY OF p�f�IIC�� Mayor Jim White Council Members Judy Woods, President Jim Bennett Jon Johnson Tim Clark Paul Mann Christi Houser Leona Orr November 7, 1995 Office of the City Clerk CITY OF 0a SUMMARY AGENDA KENT CITY COUNCIL MEETING November 7 , 1995 Council Chambers 7 : 00 p.m. 9 MAYOR• Jim White COUNCILMEMBERS: Judy Woods, President Jim Bennett Tim Clark Christi Houser Jon Johnson Paul Mann Leona Orr CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS .A. Employee of the Month B. Proclamation - Human Services Month , C. Proclamation - National Bible Week Introduction of Mayor' s Appointees 2 . PUBLIC HEARINGS 7 / C -A.— 1996 Comprehensive Budget - Ordinance 7 _ 1996 Property Tax Levy - Ordinance 3 . CONSENT CALENDAR _-A:" Approval of .Minutes B. Approval of Bills Arts Commission Appointment and Reappointment )7: King County Solid Waste Management Agreement Addendum - Resolution E. Downtown Street Trees - Transfer of Funds F. 71st Avenue Street Vacation - Transfer of Funds and Ordinance G. Accessory Housing - Zoning Code Amendment ZCA-95-3 Riverbend Golf Complex Field Improvements Project - a J' Accept as Complete Riverbend Golf Complex Fees .. Asbestos Removal - Accept as Complete _.F. Parks and Recreation Code Amendments -Ordinance -•L Boating Regulations Code - Ordinance `. :l M..' West Hill Plaza Rezone RZ-95-2 - Set Meeting Date Council Absence (W0,110) 4 . OTHER BUSINESS �y1 -A-: LID 346 Bond Sale - Ordinance Top of the Hill Final Plat FSU-94-2 � - Kingstone Final Plat FSU-94-11 -8., M1-C Zoning Code Amendment ZCA-95-10 >✓: Comprehensive Plan Implementation Zoning Map Amendment (Phase I - East Hill) CPZ-95-1 !) � 1�• �j pre .-r) police �eoce La."br',d twee d Pn..th Gaw,w.ar�da#td�� �5. BIDS nvwat �ardA- - A. 1996-1998 Street Sweeping Service 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. PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Employee of the Month B) Proclamation - Human Services Month C) Proclamation - National Bible Week D) Introduction of Mayor' s Appointees Kent City Council Meeting Date November " . 1995 Category Pubc Hearing li s 1. SUBJECT: 1996 COMPREHENSIVE BUDGET 2 . SUMMARY STATEMENT: The August 1 public hearing on the 1996 Budget was continued tQ this date. The Budget was discussed at the October 25 Operations Committee meeting, where they recommended 3-0 to adopt the proposed Mayor's balan budget. The 1996 Comprehensive udget "tals $88,447,57 9 f which $41,5981451 comprises the eneral fund. The firs ull year of the Meridian Annexation budget is included where revenues and expenditures are listed separately. This con- servative hold-the-line budget is balanced without relying on new taxes or fees except the planned drainage utility increase and the annual pass-through of the Metro sewer rate increase. The Financial stability is improved by providing an increase of $672, 642 to Fund Balance Reserve, for an all time high of $2 ,447,259 . -Flriftnce - 3 . EXHIBITS: Memo, Letters, Ordinance 4. RECOMMENDED BY: Operations Committee 13-01 10/25/95 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REOUIRED: $88 447 , 576 SOURCE OF FUNDS: Various OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember "seconds to adopt Ordinre . oC � approving the 1996 Comprehensive Budget. DISCUSSION• y1Z ACTION: n/1 Council Agenda Item No. 2A ah Date: November 3, 1995 To: Mayor White and Councilmembers From: May Miller, Finance Division Director The Council has established this date as the continuation of the August 1, 1995, public hearing for the 1996 comprehensive budget. The mayor has presented a proposed balanced budget at the October 17, 1995, budget workshop. This budget is a conservative hold-the-line budget without increasing taxes. The only increases are the metro pass-through and the drainage rate increase passed by Council in 1995. The 1996 budget includes the 1996 portion of the recently approved capital facility plan and the first year of the Meridian Annexation budget. Both the revenue and the expenditures for Meridian Annexation are shown separately and include the addition of 39.7 FTE's primarily for police protection. In addition, program expansion of 11.8 FTE's will provide improved police protection for the West" Hill residences and needed maintenance staffing as a result of previous annexations as well as other support staff. Finally, the 1996 budget continues to strengthen the financial stability of the city by increasing the budgeted ending fund balance reserve in the general fund to an all time high of $2,447,259 or 5.8%. Also, the capital improvement fund balance was increased to $531,403 for a combined governmental total of almost three million dollars, or 7.3%, of general fund expenditures. The budget was reviewed by the Operations Committee and recommended for approval with technical correction at the November 7, 1995, Council Meeting. The corrections are listed on the attached worksheet and are technical or updated information received since the last meeting. Your approval is requested. *Earlier memo said "East". MILLER,MAYENE / KENT70/FN - HPDesk print . ----------------------------------------- s.„ aject : 1996 COMPREHENSIVE BUDGET -ORDINANCE Creator: Mayene MILLER / KENT70/FN Dated: 11/03/95 at 0947 . TO: MAYOR WHITE AND COUNCILMEMBERS FROM: MAY MILLER, FINANCE DIVISION DIRECTOR THE COUNCIL HAS ESTABLISHED THIS DATE AS THE CONTINUATION OF THE AUGUST 1, 1995 PUBLIC HEARING FOR THE 1996 COMPREHENSIVE BUDGET. THE MAYOR HAS PRESENTED A PROPOSED BALANCED BUDGET AT THE OCTOBER 17, 1995 BUDGET WORKSHOP. THIS BUDGET IS A CONSERVATIVE HOLD-THE-LINE BUDGET WITHOUT INCREASING TAXES . THE ONLY INCREASES ARE THE METRO PASS THROUGH AND THE DRAINAGE RATE INCREASE PASSED BY COUNCIL IN 1995 . THE 1996 BUDGET INCLUDES THE 1996 PORTION OF THE RECENTLY APPROVED CAPITAL FACILITY PLAN AND THE FIRST YEAR OF THE MERIDIAN ANNEXATION BUDGET. BOTH THE REVENUE AND EXPENDITURES FOR MERIDIAN ANNEXATION ARE SHOWN SEPARATELY AND INCLUDES THE ADDITON OF 39 . 7 FTE ' S PRIMARILY FOR POLICE PROTECTION. IN ADDITION, PROGRAM EXPANSION OF 11 . 8 FTE' S WILL PROVIDE IMPROVED POLICE PROTECTION FOR THE EAST HILL RESIDENCE AND NEEDED MAINTENANCE STAFFING AS A RESULT OF PREVIOUS ANNEXATIONS AS WELL AS OTHER SUPPORT STAFF . FINALLY THE 1996 BUDGET CONTINUES TO STRENGTHEN THE FINANCIAL STABILITY OF THE CITY BY INCREASING THE BUDGETED ENDDING FUND BALANCE RESERVE IN THE GENERAL FUND TO AN ALL TIME HIGH OF $2 , 447, 259 OR 5 . 8% . ALSO, THE CAPITAL IMPROVEMENT F__.,TD BALANCE WAS INCREASED TO $531, 403 FOR A COMBINED GOVERNMENTAL TOTAL OF A.,..iOST THREE MILLION DOLLARS OR 7 . 396 OF GENERAL FUND EXPENDITURES . THE BUDGET WAS REVIEWED BY THE OPERATIONS COMMITTEE AND RECOMMENDED FOR APPROVAL WITH TECHNICAL CORRECTION AT THE NOVEMBER 7 , 1995 COUNCIL MEETING. THE CORRECTIONS ARE LISTED ON THE ATTACHED WORKSHEET AND ARE TECHNICAL OR UPDATED INFORMATION RECEIVED SINCE THE LAST MEETING. YOUR APPROVAL IS REQUESTED. October 25, 1995 Pregnancy rid Mayor .Tim White Kent City Council Members 220 4th Avenue Kent, Washington 98032 Dear Mayor White and City Council Members; The entire staff of Pregnancy Aid of Kent wish to thank the City of Kent for their willingness to help us serve the pregnant women of the Kent area through the resources avaliable to them through our shelter program. Without your support of this program, we would be unable to offer women this service, Although our selter facility is small, we rent a studio apartment from Mr. William Stewart, we have been able to impact the lives of over 70 people in the six years that we have been operating the shelter. The need, unfortunately is still great and we usually have women wno need the program before one tenant is ready to move out. Women often wait several weeks to be able to use this facility. Our goal this year has been to house at least eight people with at least 300 bed-nights. Through the third quarter of this year, we have already housed nine people with a total of 255 bed-nights. We often keep women in our shelter longer than other shelters because there just are no other shelters that house, single pregnant women in South King County until their babies are born. We would like to see each woman be able to get into a stable living condition when she leaves our shelter. The $5,000 that has been awarded to Pregnancy Aid through the Human Services Commission and hopefully approved by the City Council for the 1996 Budget, will be used basically to pay rent on the apartment in 1996 and to pay for utilities. Pregnancy Aid volunteers do all of the case-management, the maintanence of the unit and all necessary upkeep. lie would also like to thank all the members of the Human Services Commission for their many hours-of service to us and the other recipients of this year's Grant. It is because of their efforts and the efforts of the City Planning Department that Kent is known as the model for Human Service planning through- out the State. Thank you to all involved to make this a City that welcomes the less-fortunate. Sincerely, ✓Jtidy Peterson Director Free Confidential Help Concerning Pregnancy Mailing Address: P.O. Box 1775 • Kent, WA 98035-1775 1 Location: 110 - 2nd Ave. S. Kent, WA 98032 (206) 852-1201 �p Children's Therapy Center 10811 Kent-Kangley Road Kent, WA 98031-7108 206/854-5660 206/854-7025 Fax Aq "Each Child is Valuable" 14, OF KENT October 23, 1995 Mayor Jim White, City of Kent, 220 4th Ave. South, Kent,WA 98032-5895 Dear Mayor White and City Council Members, The children and families receiving services at Children's Therapy Center thank you for your continued support in 1995. A young girl from Kent developed from crawling on her hands and knees to walking with a walker independently, thanks to her physical therapy program. Children from Kent involved in our.early education program were able to make mini-pizzas, plant a vegetable garden, create a family book for themselves, read and "re- create" in the classroom the menu from Green EeQs and Ham and attend field trips to the Kent Park's Indoor Park, Lake Meridian, and the Aqua Barn in Renton. All of these activities were made possible by human services funding from the City of Kent. It also proved to parents of these special kids that their children can enjoy activities and the community the same as their normidly developing neighbors. As budget deliberations for 1996 continue, thank you for your support of human services in general and consideration of Children's Therapy Center's request in particular. Each year you demonstrate anew your strong support for programs which help your fellow . citizens. Your leadership in this area is applauded and very appreciated. Continue your good works. Sincerely, 4teve . Anderson, . Executive Director /km SENIOR SERVICES OF SEATTLE•KING COUNTY October 24, 1995 Volunteer Transportation The Honorable Jim White for Seniors City Council Members 220 4th Ave S. 448-5740 Kent, WA 98032 1-800-282-5815 TDD 448-5025 Dear Mayor White and City Council Members: Volunteer Transportation for Seniors, a program of Senior Services of Seattle/King County, would like to thank you for your support over the past two years and for your consideration of our 1996 funding request. By providing critically needed transportation services to low-income, frail elderly,this program supports our agency's mission of enhancing the quality of life of older adults, improving their well-being, and assisting in their ability to maintain themselves independently in their own home environment. Volunteer Transportation for Seniors provides transportation to isolated, frail, low-income elderly in King County who are without other transportation options. The program utilizes volunteer drivers who use their own vehicles to transport seniors to medical and other essential appointments, and is unique on its focus on seniors whose physical and/or mental condition requires them to have an escort. We provide a more comprehensive service than most other transportation programs offer, in that our volunteers not only provide a ride but accompany the seniors to their appointments and wait with them before taking them home again. Thus, we are in a unique position to help seniors with disabilities such as hearing or vision impairments, seniors who are confused, or seniors who are just too slow and frail to be out alone. Transportation continues to be one of the top priorities of King County seniors. Due to delays in the implementation of Metro's ADA Paratransit Van Service, we expect even greater demands on the Volunteer Transportation program. Our service performance levels in Kent reflect this need. In 1994, we exceeded our contracted annual performance goals for One-Way Trips by 46% and for Mileage by 56%. At the end of the third quarter of 1995, we have already surpassed our contractual goals for both mileage and One-Way trips, and have reached 92% of our goal for Unduplicated City of Kent Clients Served. Our volunteers have already transported Kent seniors 15,275 miles this year. 1601 Second Avenue,Suite 800, Seattle,WA 98101 A United way Agency working with Seattle/King County Division on Aging Mayor Jim White City Council Members Page 2 October 24, 1995 Our ability to serve Kent seniors has increased dramatically with our successful recruitment of new South King County drivers over the past year, and at this time we have 22 drivers who will serve the Kent area. We have been of special help to seniors who need to go places outside of the Kent area, such as medical facilities in Tacoma, Seattle and Redmond. Your funding enables us to continue meeting our program objectives: to provide personalized, escorted, free transportation services to low-income, isolated, frail elderly. Program statistics for 1994 show that of the 63 Kent clients we served: 83%were low-income; 7 1% lived by themselves; 60%were 75 years of age or older; 90%had disabilities. These trends are continuing in 1995, with 85% of our Kent clients low-income and 67%age 75 or older. Volunteer Transportation hopes to expand its service in Kent and in all of King County to keep up with the growing demand from area seniors. Our expansion, however, is contingent upon increasing our revenue base. Our main funding source is the Seattle/King County Division on Aging, which relies on dwindling state and federal revenues. Last year we exceeded our contracted mileage performance goal for them by 78,000 miles. Unless we find additional revenue sources, the demand for rides will eventually exceed our ability to finance them. Senior Services is committed to fund--raising efforts to support its programs and services, and funding from the suburban cities has also become an important source of revenue for us. Your financial support enables the Volunteer Transportation Program to continue helping with the transportation needs of Kent seniors, especially with the needs of the frail elderly who need an escort to their appointments. Unlike other transportation options, our volunteer drivers not only provide a ride, they offer a helping hand and moral support which so many seniors need. I want to thank you for considering our 1996 funding request not only on behalf of the program, but on behalf of all the seniors we serve as well. Sincerely, Patricia Mc nturff Executive Director ` Senior Services of Seattle/King County SOUTH. KhNIC h E C E I V E C COUNTY O C T 2 J 1995 October 19, 1995 CHILD CARE Mayor Jim White and Kent City Counci_ RESOURCES City of Kent a41 N.CENTRAL AVENUE Planning Department SUITE 126 220 4th Avenue South KENT.WA 98032 Kent, Washington 98032 206-852-1908 FAX.206-852-3181 Dear Mayor White and City Council Mern ers, Child Care Resources would like c *hank you for your decision to fund our agency in 1996 . Child Care Resources was created in the spirit of community partnership . The Human Services Roundtable, with the s--pport of the county, many suburban cities, and United Way, designed this agency out of the recognition that child care access, availability and quality were important. needs for •_he county . The City of Kent has a growing work f:;rce which includes an increase in the number of women work_=g outside the home . We know that there is a growing demand-for for child care . When parents lack information about child care, options are limited. Without our assistance, it may be impossible for parents to find care, particularly when the majority of providers do not advertise . Parents -_ay lack the inforamtion they need to evaluate tee quality of the programs they are considering. As a result, children can be placed in inadequate care . Our trained counselors provide verbal and written information en how to assess quality of care . Child care affordability is also an issue for parents . Our counselors refer parents to subsidy programs when appropriate . We also have a staff person from King Countv Child Care .program on site who can he-p low income parents sign up for child care subsidy if the-.- are eligible . The funds provided by Des Moines and the czher south county cities will help Child Care Resources serve the low income population who may need to work in oraer to stay in school, continue in a training program or in a job . Many child care providers are, themselves, low income, so a portion of our services to this group can be considered services to low income families . Child Care Resources is concerned about the quality of child care in the Kent community . We offer =raining and technical assistance to child care providers in an effort to improve the environments in which the chiidre= in Kent are spending their days . EAST KING COUNTY EMPLOYER PARTNERSHIPS SEATTLE/NORTH KING COUNTY 15015MAINSTREET SUITE206:9ELLEVUE.WA98007 1915EA5TMADISON-SLITE305 SEP.TTLE.wA98'12 2915 ?S-MAVI$ON-SUITE 105 SEATTLE.WT 9E We appreciate the difficult decisions that must be made by the Committee in providing funding to the agencies offering services to the residents of Kent and the support you offer us in 1996 . Child Care Resources will continue in our efforts to provide complete, current and helpful information to your community about child care and children . Sincerely, �C1h-Q- Nina Auerbach, Executive Director WASHINGTONWowivs EtiIPLOYVENT&EDUCATION October 17, 1995 Mayor Jim White City Council Members City of Kent 220 4th Avenue South Kent, WA 98032-5895 It is always a pleasure to thank the City of Kent for their continued support of Washington Women's Empioyment and Education and our efforts to provide assistance to low-income Kent residents working toward self-sufficiency. Since 1982, the WWEE program has worked to help qualifying low-income individuals to break through the barriers to the success we know they can achieve. Then, as they strive toward economic independence, we have helped to provide access to opportunities for training and employment. In addition to support of our traditional Job Readiness Training program, we would like to thank the Citv of Kent for its foresight in supporting our Computer Applications for Career Development (CACD) classes as well. Through our CACD program, Kent residents gain the computer skills necessary to be competitive in today's workplace. We are proud to report our CACD program graduates have found employment at an average wage of$8.22 per hour, a significant achievement toward their goal of becoming economically self-sufficient. We are all proud of the more than 4,500 Puget Sound residents who have graduated at WWEE and of their many extraordinary accomplishments. It is always with gratitude to those who have provided assistance to our program that we report our achievements. In partnership with the City of Kent and others we are working together to create a better community. Thank you for vour trust in the resilience of the human spirit and your tmderstanding of our responsibility to help those who are working to build a better life for themselves and their families. We look forward to continuing our partnership with the City of Kent. Sincerely,tMaeshman Lynn Roberts Executive Director King County Program Manager ❑3516 SO. 47TH STREET, SUITE 205 ♦ TACOMA, WA 98409 ♦ (206) 474-WWEE ♦FAX (206) 474-3366 11841 N. CENTRAL AVE., SUITE 209 ♦ KENT, WA 98032 ♦ (206) 859-37I8 ♦ FAX (206) 850-7604 -Ai��� %►��CATHOLIC CQMMUNITY SERVICES . of South King County Mayor Jim White and City Council Members 220 4th Ave S Kent,WA 98032 October 23, 1995 Dear Mayor White and Members of the City Council, Catholic Community Services would like to take this opportunity to say "thank you" for those families and individuals we serve. Kent has been a pioneer in the area of support for all of it's citizens. Last year with the funding our agency received from the City of Kent, our staff and volunteers were able to serve 1,876 individuals with a variety of basic needs, including rental, utility and housing aid. During the cold weather months we provided another 411 individuals with 1,462 bednights to homeless women, children and men. Our mental health counselors served and additional 259 individuals with mental health services. It is hard to assess the impact that each of us has on another human being and yet we know that most of the people coming to us have nowhere else to turn. We see a lot of families who need additional services and we are able to sit down with them and help them develop a family/individual plan which can include a budget plan, parenting support, counseling and information and referrals to other services. The key to helping anyone it to listen and meet the person where they are and then together work on solving problems. We have caring staff and volunteers who are pleased to partner with a caring city in providing service to others. Sincerely, .tom/✓��,�+� Cathy Peters Director 1229 West Smith Street,P.O.Box 398,Kent,WA 98035-0398 Phone:(206)854-0077 WATS:1-800-722-3479 Far:(206)850-2503 ............. .......... October 20, 1995 zMA Domestic Abuse Women's Network Mayor Jim White Serving South 220 4th Ave. S. King County Kent, WA 98032-5895 Referral/Shelter Advocacy Counseling Dear Mayor White and City Council Members: P.O. sox 1521 The City of Kent has shown great leadership in addressing the issue of Kent, WA 98035 Office: A 4305 domestic violence as demonstrated by its strong support of the DAWN Community Office and DAWN's House. On behalf of the Board, staff, Advocacy volunteers, and especially the women and children who have found 656-8423 safety, support, and strength at DAWN, Thank You. It is a pleasure to be 24 Hour Help in partnership with a city that has such a high awareness of its human 65&STOP(7867) service needs. In 1981, DAWN began serving victims of domestic violence with a 24- hour crisis line and a network of safe homes. Since then, the agency has expanded rapidly in response to the tremendous need in the community. - The past four years have been marked by particularly rapid growth. Our community advocacy program was established in 1991 to place victim advocates in South King County communities. In 1992 we opened a twelve-bed shelter, and in 1994 renovated this shelter facility to increase its physical capacity. In 1995 we added the staff and volunteer positions that made it possible to shelter 75% more victims fleeing life-threatening situations. DAWN's services are open to all women in South King County. Our services include DAWN's House, a confidential emergency shelter for women and children, a 24-hour crisis line, support groups with child care, a program of community outreach and education, legal advocacy, pro bono legal clinics, and an intensive volunteer training program. During 1994, 607 new clients received DAWN's services. DAWN's volunteers responded to 4,833 calls on the crisis line, support group attendance totaled 1,892, and 648 legal advocacy clients were served. DAWN's House provided 3,952 bednights of care, safety, and supportive services to 106 women fleeing life-threatening situations with 144 of their dependent children. In all, DAWN staff and volunteers provided nearly 28,500 hours of direct service to abused women and children last year. Member of the Wnmen's Fundins Alliance Women from the City of Kent comprise a large number of DAWN clients. In 1994, for example, 100 new women were served from the City of Kent. There were 568 calls to DAWN's Crisis Line, support group attendance totaled 298, and 86 legal advocacy clients were served. DAWN's House sheltered 9 women and 13 children from the City of Kent for a total of 359 bednights. The number of City of Kent clients served through just the 3rd quarter in 1995 is even greater; 123 new clients, 895 Crisis Calls, and 14 women and 21 children receiving 669 bednights at DAWN's House. Thank you for your interest in providing services to battered women and their children. We are grateful for your consideration of DAWN's 1996 funding request. Sincerely, Robin Lyons Interim Executive Director CRISIS JAI CLINIC October 18, 1995 The Honorable Jim White and Kent City Council Members City of Kent Planning Department 220 Fourth Avenue South Kent, Washington 98032 Dear Mayor White and City Council Members: Crisis Clinic operates two telephone services: the 24-hour Crisis Line and the Community Information Line. In 1994, trained phone workers responded to nearly 120,000 calls on the two services. Over half of the calls to the Crisis Line dealt with mental illness, suicide, homicide, abuse and assault. Thousands of callers were linked to emergency services. On the Community Information Line, the majority of calls were requests for help with housing, emergency shelter, food and financial assistance. Thanks in part to funding from the City of Kent in 1994, we were able to offer these essential services without cost to the caller, or worry about eligibility criteria, arranging child care or taking time off from work. We very much appreciate your consideration of ot;r 1996 funding request. Crisis Clinic has a long history of providing services in this community and it is through your generosity that these services are able to be offered. In anticipation of our continued collaboration, I am Sincerelv, /xecutive Eastgard, A1.S.W. Director SHE/crl cd:kltr 1515 Dexter Avenue North Suite 300 Seattle, WA 98109 Telephone 206 461 3210 Fax 206 461 8368 COMMUIYfff HEA"LTH1 October 11, 1995 The Honorable Jim White and City Council Members H City of Kent 220 4th Avenue So. Kent, WA 98032 roa'�ax i'a6sin^'5°4ac^�4�' OF,ICING GOUf4'�7�! Dear Mayor White and Council Members: Administration 1025 So.3rd Street Community Health Centers of King County (CHCKC) appreciates the long Suite A standing commitment by the City of Kent to provide its low income residents Renton,WA 98055 (206)277-1311 with access to basic medical and dental care. Thank you for your past support Auburn Community of the Kent Community Health Center. We encourage you to continue funding Health Center essential primary health care in your community. 105"A"Street S.W. Auburn.WA 98001 (206)735-0166 Although Community Health Centers of King County serves all of King County, Bothell Community outside the City of Seattle, the area with the greatest need is Kent. Significantly Health Center more CHCKC patients come from the City of Kent than from any other 10414the 1,WA 98 Blvd. community in the region. Last year, Community Health Centers of King Bothell,WA 98011 y g (206)486-0658 County provided medical care to 3,408 City of Kent residents. But the need is Eastside Community much greater. Kent Community Health Center turns away 100 to 150 Health Center individuals a month. These numbers do not even reflect the overwhelming Medical 16315 N.E.87th St.B-6 demand for dental care among low income Kent residents. Redmond.WA 98052 (206)882-1697 Dental Through continued support from the City of Kent, Community Health Centers 16345 N.E.87th St.C-2 Redmond,wA 98052 of King County will make an even greater difference in the health of ow 1206)883-8000 income city residents. In 1996, CHCKC will break ground on the new Kent Federal Wav Communitv Community Health Center. This new facility will expand the agency's ability Health Center to provide medical care to Kent residents and provide the only dental clinic in 33431 - 13th Pl.So. Federal Way,WA 98003 the area dedicated to serving low. income and uninsured men, women an Medical children. (206)296-9S90 (206)874-7634 Dental Kent is growing. Its low income population is also growing. For a healthy (206)874-7646 community, please continue to support primary care at the Kent Community Kent Community Health Center. Health Center 403 East Meeker Street Kent.WA 98031 lncerel ('_06)852-2866 y, Renton Community Health Centers//�C 149 Park Avenue N. Suite 6 Renton.WA 98055 Jayne B. Leet (206)226-5536 Executive Director _ TDD Access South Kin,Countv: ,.,. (206)852-2867 East King County: ('_06)867-8926 0��i A United Way Agency -We care jbrY)tl. All of"You. ommunity Service cent... rater (KENT FOOD BANK) 0 525 North 4th ' Kent, Washington 98031 (206) 859-3438 October 24, 1995 Mayor Jim White City Council Members 220 S 4th Ave vent , Vash 99032-5995 Dear Mayor White and Council members : I am writing to thank you for your ongoing support of the Kent Community Service Center (Kent Food Bank) . We furnish food and clothing to residents of the Kent are in need . We also furnish some emergency funding to assist in heat , shelter and emergency situations for these residents . We are fortunate to have continu d support . from churches , organizations and individuals in the community . With continued. support and encouragement of the City we hope to continue these services . There is an ever increasing need for these services . Thank you for your support . Sincerely , Mar Lou Becvar Executive Director • Kent Youth and Family Services 232 S. 2nd, Suite 201 Kent, Washington 98032 - October 24, 1995 The Honorable Jim White and Kent City Council Members City.of Kent 220 4th Ave South Kent, WA 98032-5895 Dear Mayor White and Council Members: On behalf of Kent Youth and Family Services, please accept our deepest appreciation for the continued support the City of Kent has provided to this agency. The Kent Human Services Commission has recommended 1996 funding of $57,972 to K.Y.F.S. for services to Kent residents. This allocation will help support three programs. These are youth and family counseling, a family counselor to provide intervention services at Kent Junior High and support for the program at Watson Manor, our teen parent housing facility. We realize the difficult decisions you and the members of the Human Services Commission must face, given the continual increase in requested funding for programs that serve the community. With this allocation, the board and staff of this agency will insure the provision of the best possible services to residents of the City of Kent, who might not otherwise receive these services. On behalf of those clients, we extend our thanks and appreciation. Sincerely, Peter R. Mourer Executive Director cc: Lin Houston, Human Services Manager •�� (206) 859-0300 FAX 859-0745 TDD 859-0699 (� South King County Multi-Service Center "People Helping People" 1200 South 336th St.,P.O.Box 23699,Federal Way,WA 98093-0699/Tel.(206)838-6810,Fax(206)874-7831,TDD(206)661-7827 10/13/95 Mayor Jim White Kent City Council Members 220 4th Ave. S. Kent,WA 98032 Dear Mayor White: I am writing to you and the members of The Kent City Council to thank you for your past support of the housing and homeless services provided by our agency to residents of your City. I would like to give a brief synopsis our the services provided by our agency to residents of south King County, and especially those who live in the Kent area zip codes. Our FAMILY STABILIZATION AND SUPPORT SERVICES encompasses two main areas: Housing and Emergency Services.. Our Housing Services represents the forefront of homelessness prevention and support for housing stabilization in south King County. This service provides a range of living situations from emergency to transitional to permanent low income housing through 61 units located in Kent, Federal Way, and Sea-Tac. During the fiscal year 1994- 95, 327 Kent area residents were assisted through our housing component. Our Emergency Services includes the provision of food, clothing, family advocacy, financial assistance, food stamp outreach and information and referral. In the Kent area we provided these services to 1,230 residents. The LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)provides emergency and energy assistance, energy education and furnace repair/replacement services to households at or below 125%of poverty guidelines during the winter months. For fiscal year 1994-95, 840 Kent households received energy assistance. The Kent area represented the largest numbers of households served in all of south King County with White Center being the second. Our ADULT LITERACY PROGRAM offers either basic skills, English as a Second Language, G.E.D. preparation to those 18 years and over as well as work place literacy to area businesses. Last year we provided work place literacy to 21 employees of a local Kent areo space business. w, A United Way Agency.... ((��,(/!''' - (015 ! A Community Action A�,enc,.... As the STATE OFFICE OF THE LONG TERM CARE OMBUDSMAN PROGRAM (LTCOP), the agency through its sub-contractors is responsible for policy making, advocacy, and complaint resolution on behalf of elderly residents, and their families, residing in long term care facilities. Statewide 4,256 complaints were successfully handled; 982 of them in all of King County. Again, our sincere thank you for the commitment and continuing support that the City of Kent has made to human services. ' &S7' ,rely' 1 4�6 Dini Duclos Executive Director VALLEY CITIES COUNSELINGAND CONSULTATION Administration, Adult& Older Adult Services 2704"I" Street NE Auburn,WA 98002 (206)854-0760 FAX: 854-0763 October 30, 1995 Mayor Jim White and City Council Members City of Kent 220 4th Avenue South Child &Adolescent Kent, WA 98032 Services 2705 "I" Street NE Auburn,WA 98002 Dear Mayor White and City Council Members: (206)854-0066 FAX: 854-2626 Valley Cities Counseling and Consultation's Board of Directors, staff and I would like to thank you for considering the 1996 continued funding request for the Survivor's Support and Therapy Program. Funding by the City of Kent in 1995 has assisted over 40 City of Kent families traumatized by childhood or adult sexual and physical assault to receive much needed mental health services. Services include individual and family therapy, group therapy and psychiatric evaluation and medication management. These services are in high demand for citizens of all the cities in South King County. The City of Kent is to be commended in affording its residents the Combined Services 33301 1st Way South opportunity to receive services many would otherwise by unable to afford. Federal Way,WA 98003 (206)661-6634 Such mental health treatment helps these women recover from the trauma of FAX: 661-6652 sexual and physical assault, improve their self-esteem and reduce the intergenerational effects of sexual assault and family violence. With treatment, these women can get back to more productive lives, provide more VTTY: 735-3354 positive parenting, better protect their children from the possibility of abuse, and, in general, live a happier and better quality of life. The funding provided will help us in meeting these important goals. These services are one part of a continuum of care needed in South King County. We utilize services provided by others such as South King County Marilyn LaCelle, Sexual Assault Resource Center, DAWN, and Kent Valley Youth Services. Executive Director Valley Cities, in turn, provides services not offered by others. CC:bb(chris6sicirytrm.95) A United Way Agency Since 1967 PAGE 2 Again, it is our hope to reach many more people in such need. Your contributions help. Thank you for your support in meeting the needs of your community. Sincerely, Marilyn LaCelle Executive Director Chris Coleman Counseling and Consultation Services Director CC:bh -338�.:Gcrn Vd.wV ?nx 997 ,H7, . ^6i P,.:.0770 CHILDREN'S HOME SOCIETY Iva shi ng for October 25, 1995 Honorable Jim White, Mayor Kent City Council City of Kent 220 4th Ave. S Kent, WA 98032 Dear Mayor White and City Council Members, Thank you for your continued support of our work at Children's Home Society of Washington. This year, at our Kent and Auburn sites, we served approximately 2,000 South King County residents with an array of Family Support and Child Development services. I have enclosed, for your information, a fact sheet on the families who "graduated" from the Families First program this year. As you know, the City of Kent in participation with other South County cities and King County assisted in the planning and implementation of this program. It is my pleasure to let you know of the successful achievements of families who participated. Because of these positive outcomes and the support we have received from our community, as demonstrated by your ongoing support, we have been selected to receive another five-year grant. This will enable us to continue this successful program for at least five more years. Once again let me say thank you for your partnership with us. Because of that partnership families previously homeless have safe nurturing homes; unemployed adults have secure, stable employment; children previously receiving no health care or only emergency care are receiving preventative well baby care, immunizations and have a single health care provider. Family relationships have been enhanced through the availability of counseling, parenting classes and comprehensive support services. Children are developing at their optimum level and are entering Kindergarten ready to learn. As one of our parents said, "All I needed was someone to believe in me, to give me the ball, and let me run with it." So, on behalf of all of our families, I wish to say thank you for your generous support, for your dedicated staff, and for all you do to help our children and families thrive. Sincerely, ' f n Peg MazU en CB]LDREN'S HOME SOCIETY OF WASHINGTON FAMILIES FIRST A Comprehensive Child Development Program Families First, a federally funded research and demonstration program began serving families in October of 1990. On October 12, 1994, 68 families completed the Program. Families First families and staff are proud of what has been accomplished by program participants to date: OF THE 68 FAMILIES WHO COMPLETED THE PROGRAM: ACCOMPLISHMENTS: 85% OF THE FAMILIES ACHIEVED 90% OF THE GOALS THAT WERE RATED AS "PRIORITY GOALS" CHILDREN ACHIEVED THEIR GOALS IN COGNITIVE,LANGUAGE, PERCEPTUAL, MOTOR, AND SOCIAL DEVELOPMENT AND HEALTH CARE CURRENT EMPLOYMENT: Average "earned" family income: at enrollment: $9,865 now: $31,103. % of families working: at enrollment:29%families now: 52% families CURRENT EDUCATION/TRAINING: % of adults curre;Wy enrolled in College Degree Programs full-time students 28% % of parents who have completed degree programs 22% Completed Associate of Arts or Sciences(AA) degree 16% Completed Bachelors of Arts Degree 6%% % of adults who have completed Vocational Training 39% % of adults who have completed HS/GED 25% Finding: When families have support and access to educational and employment opportunities that are in aligmnent with their interest, skills and personal goals; they purse higher education and seek career-oriented employment. HEALTH STATUS OF CHILDREN Average Birth Weight (During the 5 year Program) 71bs/14oz Median Birth Weight 71bs/11 oz. Year 1 Birth Wt. Hi:111bs/5oz. Lo: 31bs. Final Year (5) Hi:91bs.6oz. Lo: 6lbs. 8oz. There is a direct/positive relationship between family home/health visits and increased prenatal care received. �- 90% of the children are appropriately immunized; 85% of the preschool children receive regular (on schedule) well baby/well-child care. Finding: There is a direct/positive relationship between tracking and reminding families and health care providers of"immunizations due" and increase in children receiving immunizations on schedule. FAMILIES ARE HEALTHIER AND FEELING SUCCESSFUL On a self-sufficiency survey of the 68 families that are graduating, the families rated in the top (90%) in all areas of self sufficiency. All of the preschool children completed 5 years of Early Childhood Development services including regular developmental assessments and ECE/Head Start classes and will enter kindergarten ready to learn. OF THE 52 FAMILIES WHO LEFT FAMILIES FIRST PRIOR TO OCTOBER 6 Left the area and the researcher did not track- (3 disappeared, 2 moved to Mexico and 1 to Colorado to rejoin family) +Of the 46 who were tracked (they participated for 2-4 years in the program): 55% are currently employed (income data not available until research completed-1996) 15% are in degree programs(near completion) at local Community and Technical Colleges 7% are teen parents who returned to their parents' home for support and are in High School completion or GED programs. 4% are young parents (15-20) who relinquished custody of their child to a relative 10% committed to remaining at home until children enter school 9% engaged in stabilization phase with housing, relationships,jobs. TOTAL PROFILE 120 ORIGINAL FAAE[LIE,S 54% are currently employed 23% in degree programs 20E-235-7422 k. C. Z. A. R. G. F. u tU-'s1-1595 14 : 11 King Mayor Jim White County City of Kent Sexual 220 4th Ave S Assault Kent, WA 98032-5896 Resource October 24, 1995 Center Dear Mayor White and City Councilmembers, 1995 marks 19 years of service from King County Sexual Assault Resource Education, Center(KCSARC), to residents of Kent. Support from the city has been Information critical to provide stable and high quality services. and Counseling for Adults and As we look ahead, we anticipate growing community awareness in the issue Children of sexual assault and subsequent need for our services. Kent residents (in addition to residents of Auburn and Federal Way) require a very high volume of KCSARC services; In the first nine months we have assisted 105 Kent residents who were victimized by a sexual assault. Kent residents receive the following services at no cost: o 24 hour crisis intervention, information and referral o Legal advocacy for adults, teens and children through all aspects of the criminal justice system. o Medical advocacy and medical evaluations for children o Parental support and case management o Therapy for children o Peer counseling and advocacy for adults KCSARC also responds to community requests for education and provides professional training and consultation. There Is a fee for these services. Thank you again foryour concern about sexual assault and your willingness to support services for Kent residents. Sincerely, P.O. Box 0 Renton,WA 057 :�" ary E ell n Stone 206-226-506 !TTY Executive Director Fax 206-235-7472 24-hi. Crisis Line: 206-226-7273 or 1-800-825-7273 Women's Fundln�; Alliance Member 'I ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to 'budgets and finance and adopting the final 1996 fiscal year budget . WHEREAS, the tax estimates and budget for the City of Kent, Washington, for the 1996 fiscal year have been prepared and filed as provided by law, and the budget has been printed and distributed, and notice has been published in the official paper of the City of Kent setting the time and place for hearing, and that notice stated that all taxpayers calling at the Office of the City Clerk would be furnished a copy of the 1996 budget; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : Section 1 . BudQet Adoption. Pursuant to RCW 35A. 33 . 075, the budget for the 1996 fiscal year, as summarized on Exhibit A and as set forth in the 1996 preliminary comprehensive budget, as amended by Exhibit B, all of which are incorporated in this ordinance by this reference as if fully set forth herein, is hereby adopted in the amounts and for the purposes established y in that budget as the final budget for City' s 1996 fiscal year. �i 'I Section 2 . Transmittal . The City Clerk shall transmit jia complete copy of the final adopted budget to the Division of Municipal Corporations in the Office of the State Auditor and to the Association of Washington Cities . i Section 3 . Adjustments . City Administration shall 'i administer the Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A. 33 . 120 . Section 4 . 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 5 . Effective Date . . This ordinance shall take effect and be in force five (5) days from and after the date of , publication of this ordinance . i JIM WHITE, MAYOR i 2 i I 1 i ii I ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1995 . APPROVED day of 1995 . PUBLISHED day of 1995 . I hereby certify that this is a true copy of Ordinance No . , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK budget.ord - 3 CITY OF KENT, WASHINGTON 1996 COMBINED OPERATING STATEMENT BUDGET ORDINANCE EXHIBIT Inc (Dec) Beginning Endinc in Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTAL FUNDS GENERAL FUND 41,416,657 41,598,451 (18i, 794) 2,629,053 2,447,259 SPECIAL REVENUE FUNDS Street 4,212,605 4,441,918 (229,313) 499,461 270, 148 Youth/Teen Programs 429,080 484,123 (55, 043) 128,260 73,217 Capital Improvement 4,157,721 4,565,000 (407,279) 938, 682 53'_,403 Criminal Justice 1,395,633 1,424,595 (28, 962) 300,316 271,354 Environmental Mitigaticn 421,693 486,910 (65,017) 259, 319 194, 30- Community Block Grant 436,550 436,550 Other Operating Projects 133,858 142,694 8,836) 8, 836 DEBT SERVICE FUNDS Voted 1,6680715 1, 835,373 (166,658) 216, 658 50, 000 Councilmanic 2,138,175 2,138,175 Special Assessment 2,485,423 3,195,477 (71o, 054) 2, 690 535 _, 98C,481 CAPITAL PROJECTS FUNDS Street Projects 3,105,793 3,105,793 Parks Projects 1,258,410 1,263,658 (5,248) (=,248) Other Projects 953,735 1,128,518 (174,783) 207, 783 33, 00C PROPRIETARY FUNDS ENTERPRISE FUNDS Water 7,241,037 7,622,486 (381,451) 3,345,284 2, 963 ,833 Sewerage 16,136, 502 15,056,411 1,080,091 5,439,932 6, 519, 923 Golf Complex 3,078,122 2,734,392 343 , 730 301, 551 645,281 INTERNAL SERVICE FUNDS Equipment Rental 1,869,849 1,791,119 78,730 1, 983 ,076 ' 2,061, 806 Central Services 4,605,318 4,584, 904 20,414 25,540 45, 954 Fire Equipment 458,693 1,447,584 (988,891) 1, 171,338 182,447 Insurance 4,879,167 5,380,464 (501,297) 3 ,368,034 2, 866,737 FIDUCIARY FUNDS TRUST AND AGENCY FUNDS Firemen's Pension 246,000 i99,396 46,604 2, 259, 711 213061315 Economic Development Carp 19,496 36,995 (17,499) 34, 939 17,440 TOTAL GROSS BUDGET 102,748,432 105,100,998 (2,352,556) 25, 808,207 23,455,651 LESS: Internal Service Funds 6,503,712 6,503,712 Other Transfers 10,149,700 10,149,700 TOTAL BUDGET 86,095,020 88,447, 576 (2, 352,556) 25,908,207 23,455, 0651 EXHIBIT = CITY OF KENT, WASHINGTON 1996 COMBINED OPERATING STATEMENT ADJUSTMENTS TO PRELIMINARY BUDGET Inc (Dec) 3eginning crdina in Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTAL FUNDS GENERAL FUND 41,316,534 41, 528, 562 (212, 028) 2,629, 053 2,417,025 Law Contract for Indigent Counsel 20,000 (20,000) 2C'300) Property Tax latest information 85,818 85, 812- 95, 318 Portion of growth mgt position 44, 179 (44, 179) (44, 179) Miscellaneous budgetary corrections 16, 877 (161877) ( 6, 377) Correct City portion of grant 300 (300) �300) Adjust Teen Programs Transfer 14,305 14,305 - ,305 Adjust City Arts Transfer (5,2cg) 5,248 ;, 2=? Boat grant not awarded ;6, 219) 6,2"_9 --- ADJUSTED GENERAL FUND 41,416,657 41, 598 ,451 (181, 794i 2,629, 053 SPECIAL REVENUE FUNDS Street 4,212, 605 4,441, 918 (229, 313) 499,461 Youth/Teen Programs 429,080 469, 818 (40, 738) 128,260 3 , _ 2 Adjust Teen Programs Transfer _4,30- (__,_OS) - Adjusted Youth/Teen Fund 429, 08C 484, 123 129, 260 Capital Improvement 4,174,000 4, 565, 000 (3911000) 901,000 510,000 Valley Comm Repayment complete (16,279) (16,279) (16,279) Increased sales tax estimate for 95 37,682 Adjusted Capital Improvement Fund 4,157,721 4, 565, 000 (407,279) 938,682 Criminal Justice 1,449,574 1,475, 836 (26,262) 300, 316 274,C54 Miscellaneous budgetary corrections 2,700 i2,700) 2,700) Reclassify revenue as transfer in of 5300 Boat grant not awarded (53,941) (53, 941) Adjusted Criminal justice 1,395,633 1,424, 595 (28, 962; 300,316 -- -- -- - Environmental Mitiaaticn 421, 693 486, 910 (65,017) 259, 318 -- -• =0- Community Block Grant 436,550 436, 550 Other Operating Projects 133,858 186, 873 (53,015) 53, 015 Portion of growth.mgt position (44, 179) 44,179 (44, 179) Adjusted Other Operating Projects 133 , 853 _42, 594 (8, 936) 8,836 DEBT SERVICE FUNDS Voted 1, 835,373 1, 835,373 216,658 Change levy to reduce fund balance (i66,658) Adjusted Voted Debt Service 1,668, 715 - , 83=, 373 (166,658) 216, 658 _0, 0CC EXHIBIT CITY OF KENT, WASHINGTON 1996 COMBINED OPEP.PITING STATEMENT ADJUSTMENTS TO PRELIMINARY BUDGET Inc (Dec) Beginning Enc. in -i- d Fund F:nc Revenues Expenditures Balance Balance Balance Councilmanic 2,138,175 2, 138, 175 Special Assessment 2,485,423 - , _°51477 (7'_0,054) 2,690, 535 CAPITAL PROJECTS FUNDS Street 'Projects 3,105, 793 3 , 105, 793 Parks Projects 1,258,435 1 , 258,435 Adjust City Arts Transfer (5,248) 'S, Z42i Add Paths & Trails allocation 5, 223 5,223 Adjusted Parks Projects 1,258,411- 1,263,6_8 -- Other Projects 953,735 1, 128, 518 (174,7c3) 207,783 -3 , OOC PROPRIETARY FUNDS ENTERPRISE FUNDS 'dater 7,241, 037 7,0622,488 Sewerage 16, 136,SC2 15, 056,--1 Golf Complex 3,078, 122 2,734,392 INTERNAL SERVICE FUNDS Equipment Rental 2,001,301 1,791, 119 2i0,:82 _,983,076 2,"_93. - Saturday Mkt loan correction (131,452) Adjusted Equipment Rental 1,869,849 1, 791,119 %8,730 1 , 983,076 2,061, 806 Central Services 4,605,318 4, 584, 904 20,-_4 (7- ,a-) 6,367 Adjust beginning fund balances 39, 087 39, 08 , Adjusted Central Services 4, 605,3'--8 4,-=E4, 904 2G,-_- 25, 540 - Fire Equipment 458,693 1,447,584 988,891i 1, 171,338 -92,447 Insurance 4,879, 167 5,380,464 f501,29i) 3,368, 034 2, 866,737 FIDUCIARY FUNDS TRUST AND AGENCY FUNDS Firemen's Pension 246,000 199,396 4c`,6J4 2,259,711 2,3C6, 31S Economic Development Cora -9,496 306, 995 i7,-99) 34, 939 TOTAL GROSS BUDGET 102, 748,432 1015, 100, 988 (2,:5_, `556) 25,908,207 23 ,4=`• 651 LESS: Internal Service Funds 5,503,712 o', SJ3, 712 Other Transfers 10,149,700 10, 149,700 TOTAL BUDGET 86,095,020 89,447,576 (2,352, 556) 25,908,207 1996 BUDGET DEVELOPMENT The 1996 projected budget was developed based on the following assumptions : Salaries and Benefits For all non-settled Union and Non-Union groups* , the Cost of Living wage increases were based on 90% of the CPI rate of 3 . 2% which is 2 . 9% . Settled Union groups were given wage increases according to their contracts . The estimated increases in Retirement Benefits were approximately 5% . No changes were anticipated in Social Security Health, Disability or L & I rates . Central Services All areas projected an increase of 5% in 1996 with the exception of Lazer Direct Billing, with an expected increase of 10% . Insurance Property and Equipment insurance were projected to increase by 6% . Liability and other insurance were estimated to increase by 5 and 13% respectively. Utilities No changes were expected in Washington Natural Gas or water. A 3 . 5% increase was projected for garbage, a 5% increase with Puget Power and a 5 . 2% increase in sewer. Drainage rates will increase but were already incorporated in the prior year carryover. Information Services The Computer and Telephone services are expected to increase by 5% in 1996 . Equipment Rental Gas rates were projected at a 5 . 41 increase . Propane and Diesel rates are expected to rise by 5 . 5% . Equipment rental rates are budgeted to rise by 5% . These general assumptions were used to develop the baseline budget . Each Department then prepared and presented their 1996 budget requests to the Mayor' s office and decisions were made in accordance with the needs of the community and the financial restraints facing the city. With the addition of the Meridian Annexation, the 1996 budget process development was prepared separately from the regular budget in order to isolate the additional costs specific to the growth. Finally, some program changes were incorporated into the Preliminary 1996 Budget . * Clarification to 1996 Preliminary Budget Document Kent City Council Meeting Date November T, 1995 Category Public Hearings 1. SUBJECT: 1996 PROPERTY TAX LEVY 2. SUMMARY STATEMENT: This date has been set for a public hearing on the 1996 Property Tax Levy. At their October 25 meeting, the Operations Committee recommended approval of the 1996 Tax Levy Ordinance for the general fund and for the voted debt issues. Per RCW 84 .52 . 010, tax shall be levied in speci- fic dollar amounts. Official assessed valuation information is still pending .from King County. Finance Director May Miller will provide a brief update. 3 . EXHIBITS: Ordinance and worksheet 4 . RECOMMENDED BY: Operations Committee (3-0) 10/25/95 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7. CITY COUNCIL ACT ON: Councilmember m moves, Councilmember seconds to adopt Ordin ce No. 32q_'� fixing the property tax levy for 1996 . DISCUSSION• Yl�o ACTION. Council Agenda Item No. 2B ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent , Washington, fixing the tax levy for 1996 . WHEREAS, pursuant to RCW 84 . 52 . 070, the City of Kent must, on or before the thirtieth day of November in each year, certify to the county assessor the amount of taxes levied upon property within the City for City purposes, provided that the county assessor has certified assessed values at least twelve working days before November 30 ; and WHEREAS, the County has not, at this time, certified assessed values as required by RCW 84 .48 . 130 and is not expected to provide its certification prior to December 6 , 1995 ; and WHEREAS, the City is relieved from its statutory obligation to provide its property tax certification if the County fails to meet its deadline; and WHEREAS, the City nevertheless desires to establish and certify the amount of taxes levied upon property within the City for City purposes while reserving its right to adjust that certification at the first regularly scheduled council meeting held after receiving the certified assessed values from the County; and WHEREAS,. pursuant to RCW 84 . 52 . 010 and WAC 458-12-365 , taxes herein shall be -levied in specific dollar amounts; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : Section 1 . Recitals Incorporated. The foregoing recitals are incorporated as if fully set forth herein. Section 2 . Levy. There is hereby levied against the property -in the City of Kent, Washington, an assessed value for the City' s 1996 municipal tax in the following amounts for the following funds : A. For the General Fund, for the purpose of paying the general expenses of municipal government : Levy per $1, 000 of assessed. valuation Fund (estimated) Amount General Fund 2 . 73487 11, 522 , 799 2 i B . For Voted Bond Interest and Redemption Fund, for the purpose of paying debt service in the following amounts for the following funds : Levy per $1, 000 of assessed valuation Fun (estimated) Amount Public Safety . 13223 557, 120 Senior Housing . 07583 319 , 500 General Obligation Refunding . 18529 780 , 695 Section 3 . Limitation on Levv. The application of the general fund levy shall be consistent with and not result in a tax revenue in excess of the limitation imposed by RCW 84 . 55 . 010 . Section 4 . Reservation of Rights . Pursuant to RCW 84 . 52 . 105 , the City reserves its right to adjust its certified property tax assessment at its next regularly scheduled council meeting following receipt of the County' s certified assessed values . Section 5 . Adjustments . Administration shall administer the Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A. 33 . 120 . Section 6 . Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid 3 i - 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 7 . Effective Date . This ordinance shall take effect and be in force five (5) days from and after the date of publication of this ordinance . JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1995 . APPROVED day of 1995 . PUBLISHED day of 1995 . 4 I f i �i Ij III I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. i (SEAL) BRENDA JACOBER, CITY CLERK levy.ord 5 PROPERTY TAX COMPARISON CHANGES 1993 1994 1995 1996 FROM PERCENT ACTUAL ACTUAL ACTUAL BUDGET 1995 CHANGE ASSESSED VALUATION BASE 3,891,977,069 3,849,032,079 3,858,188,500 4,019,095,282 160,906,782 4.2% ANNEXATIONS 48,658,615 110,027,544 61,368,929 126.1% NEW CONSTRUCTION 46,705,110 44,399,000 52,852,670 84,165,940 31,313,270 59.2% ASSESSED VALUATION TOTAL 3,938,682,179 3,893,431,079 3,959,699,785 4,213,288,766 253,588,981 6.4% PROPERTY TAX LEVIES: GENERAL FUND 10,124,967 10,884,340 10,385,879 11,522,799 1,136,920 10.9% DEBT SERVICE FUNDS FIRE APPARATUS 44,981 PUBLIC SAFETY 1,198,208 606,810 605,910 557,120 (48.790) -8.1% SENIOR HOUSING 698,886 208,550 350,650 319,500 (31,150) -8.9% 93 GO REFUNDING 872,670 873,133 780,695 (92,438) -10.6% DEBT SERVICE FUNDS TOTAL 1,942,075 1,688,030 1,829,693 1,657,315 (172,378) -9.4% TOTAL TAX LEVY 12,067,042 12,572,370 12,215,572 13,180,114 964,542 7.9% LEVY RATES: GENERAL FUND 2.56 2.80 2.62 2.73 0.11 4.4% DEBT SERVICE FUNDS FIRE APPARATUS 0.01 PUBLIC SAFETY 0.30 0.16 0.15 0.13 (0.02) -11.8% SENIOR HOUSING 0.18 0.05 0.09 0.08 (0.01) -15.7% GO REFUNDING 0.22 0.22 0.19 (0.03) -15.8% DEBT SERVICE FUNDS TOTAL 0.49 0.43 0.46 0.39 (0.07) -14.5% TOTAL 3.05 3.23 3.08 3.13 0.05 1.6% The estimated 1996 general fund tax levy rate is 2.73487.The formula for calculating the levy rate is limited to 106% of the last three years'highest regular levy plus annexations at the current year's rate and new construction at the previous year's rate. The formula excludes omitted assessments(they are taxed at the rate in effect for the year that they should have been included), and administrative adjustments. CCC PRPTAX.W01 03-Nov-95 REGULAR PROPERTY LEVY CALCULATION 106%LIMITATION CALCULATION(RCW 84.55.010) Estimated Assessed Valuation : 4,019,095,282 Last Year's Assessed Valuation +1.5% 84,165,940 New Construction added 110,027,544 Annexations 4,213,288,766 Total Estimated Assessed Valuation 10,385,879 Last year's in lieu of Highest of three most recent years due to library 1.06 x 1.06 11,009,032 106%Levy 84,165,940 Local new construction 0 +State Public Service New Construction 84,165,940 =Total New Construction 2.62 x Prior year levy rate ( if projecting 96, then 95's rate) 220,515 =New Construction Levy 11,009,032 1.06 Levy 220,515 +New Construction Levy 0 -Omitted Assessment Levy 11,229,547 =Levy Ceiling (Less annexations and omitted assessments) 4,213,288,766 Divided by assessed value 2.66527 =New Year Levy rate 110,027,544 Annexation assessed value 2.665 x New Year levy rate 293,253 =Annexation Levy 0 +Omitted assessment levy 11,229,547 +Levy Ceiling (Less annexations and omitteds) 11,522,799 =Maximum New Year Levy based on 106% limit 0 + Refund Fund 11,522,799 =Maximum New Year Levy based on 106% limit+refund fund. STATUTORY LEVY CALCULATION 4,213,288,766 Assessed value (excluding omits) 3.100 X maximum statutory rate 13,061,195 =Maximum 1995 levy ( Excluding Omitted Assessment Levy) 0 +Omitted Assessment Levy 13,061,195 =Maximum 1995 Levy based on Statutory Levy 11,522,799 Maximum Regular 1995 levy (the lesser of the two limits) 2.73487 Rate/thousand valuation Annexation per King County as of 10/10/95, an approximate amount. * New Construction per King County 10/25/95. CONSENT CALENDAR 3 . city Council Action: Councilmember V`�� moves, Councilmember seconds that Consent Calendar Items A through ,N be approved. 14evm M 3 AI Ye rd a �pwuc�D Discussion h J ye wjofed cf w as J Action u 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of October 17, 1995. 3B. Approval of Bills. Approval of payment of the bills received through October 16 and paid on October 16, 1995, after auditing by the Operations Committee on October 25, 1995. Approval of checks issued for vouchers: Date Check Numbers Amount 10/16/95 160657-161205 $3 ,544, 378.99 Approval of checks issued for payroll for October 1 through October 15, 1995, and paid on October 20, 1995: Date Check Numbers Amount 10/20/95 Checks 206785-207018 $ 261,830.23 Advices 28312-28714 523 ,743 . 37 $ 785, 573 . 60 Council Agenda Item No. 3 A-B Kent, Washington October 17, 1995 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor White. Present: Councilmembers Clark, Houser, Johnson, Mann, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Parks Director Hodgson, Finance Director Miller, and Human Resources Director Viseth. Councilmember Bennett was not in attendance. Approximately 40 people were at the meeting. PUBLIC Trade Exchange URdate. Barbara Ivanov, Executive COMMUNICATIONS Director of the Kent Chamber of Commerce, noted that the International Trade Exchange is scheduled for November 1 'and 2 . She outlined the educa- tional opportunities and noted that there are 45 confirmed exhibitors. She further noted that there are over 160 confirmed International participants with the largest group coming from mainland China, and also that Indonesia will have a delegation of 30. Scott Jackson from Tradec provided the Council with a formal letter of invitation and a detailed itinerary. He noted that there are two specific time frames in which Council participation would be greatly appreciated, which are the opening ceremonies on Wednesday morning, November 1, and the community celebration with the ribbon cutting for the first foreign trade zone location in the Kent Valley and the establishment of the Kent Trade and Transportation Corridor. Jackson explained that the overriding objective of this project is to make sure that the Trade Exchange directly affects Kent and Kent' s objec- tives to be a premier destination for two way trade in the Puget Sound area and the State of Washington. He noted that there are a record number of Kent companies participating and that by working with the Mayor and Council, the Chamber of Commerce has been able to make sure that the Sister City Relationships, including Yangzhou, have been adequately covered and that Yangzhou will be participating as an International exhibi- tor as well as a buying delegation for this show. He noted that there will be a foreign trade zone designation at Alexander Trading, which is the first general designation being developed between the Port of Seattle and the Kent community with Alexander Trading serving as the first operator. He added that this will give definition to the Trade and Transportation Corridor. He said that 1 October 17 , 1995 PUBLIC the City' s support is very much appreciated and COMMUNICATIONS that the active participation of the Mayor and Council is very much needed for these two days. He also noted that any one in the community is welcome to be a part of the ribbon cutting ceremony and are asked to call the Chamber of Commerce, if interested. Natural Medicine Economic Development Task_ Force Report. Mayor White explained that about a year ago he had gotten involved in natural medicine, and that in recognizing the impact of natural medicine and those involved in this type of medicine, he had asked Merrily Manthey to put together a task force to take a look at some of the implications it might have on the community. Ms. Manthey introduced members of the task force, and explained that the task force has been looking at the trend which has been underway this last year particularly in King County as well as throughout the nation. She noted that Dr. David Eisenberg, a Harvard professor of medicine, did a study which showed that more than one-third of all Americans use some form of alternative complemen- tary natural medicine, and that he defined it as the type of health care that is not ordinarily available in medical schools or U.S. hospitals. Manthey also noted that Dr. Eisenberg' s survey discovered that citizens using alternative care were spending 13 billion" dollars out-of-pocket, not reimbursable, to get this type of care. She also noted that the study found that citizens were requesting it to be a part of their insurance pro- grams. Manthey noted that the King County Council had unanimously passed a motion on February 27 endorsing the establishment of a natural medicine clinic in King County and requesting the County Executive to include funding for the clinic in the 1996 Executive Proposed Budget. She explained that this motion then led to the County Executive forming a special group to put together a plan which was presented to the County Council in August and noted that the plan describes how the County will be the first governing body to dedi- cate public funds to bring natural medicine to the public who are not able to receive it through any other means. Ms. Manthey stated that the task force has been developing an action plan for the City. 2 October 17, 1995 PUBLIC Dr. Maurice Werness, a Family Practitioner/ COMMUNICATIONS Naturopathic in Seattle, noted that 80% of what is seen in hospitals today are chronic, degenerative illnesses such as heart disease, arthritis, and cancer. He stated that conventional medicine has had little to offer these clients other than either surgery or lifetime pharmaceuticals. He explained that natural medicine offers the oppor- tunity and possibility for these individuals to learn how to heal the illnesses and then prevent them later in life. He noted that the only alter- native to the crisis in medicine and illness in our country is a way of practicing medicine that teaches prevention. He explained that Kent has the opportunity to do this by creating a natural medicine wing in the hospital that will draw people to come in where they learn a healthy lifestyle and heal themselves. He offered his support in what the City is trying to do and encouraged them to make some profound changes in the way medicine is practiced in this country. Manthey noted that Valley Medical Center has been working with the task force, even though they may or may not be involved in having a natural medi- cine wing at this stage. Pam Snider, Chair of the Naturopathic Medicine Dept. of Bastyr University, expressed her enthusi- asm and support on behalf of Bastyr University for this project. She noted that wellness and health- care are important issues to the American public today and that in the State of Washington there is considerable groundbreaking activity going on in combining natural medicine with conventional medi- cine. She noted that the public demand is growing rapidly and that Bastyr University would like to be of any service to the City that they can be. Mayor White explained that he has asked the task force to continue looking at this project and to come back to the Council with some recommendations as to how the City might be involved in natural medicine. Regional Justice Center Update. Wendy Keller, Project Manager, informed the Council that a copy of the executive summary is available, and that the project is on time, even ahead of schedule with different parts and pieces, and is still 3 October 17, 1995 PUBLIC within budget. She noted that the project con- COMMUNICATIONS tinues to earn interest because not as much cash flow has been spent as predicted and that the scope of the project has not been altered. Keller explained that 80% of the slabs and everything that could have been damaged by the winter rains is now in the ground. She noted 'that the paving for the temporary roads and side road are done and that the summary allows everyone to know where all the pieces of the project are from the inside. She stated that a construction schedule was ac- cepted which took the project through the end of September. She noted that a joint planning effort has been going on between the City, the County and the District Court in regard to the justice center and uses or needs for courts from now until when the Regional Justice Center opens, from when it opens to the year 2001, and from beyond. She explained that they have also been looking at juvenile detention needs and the City of Kent' s future detention needs, so that more courthouses and jails are not sited unless needed. She noted that the Council would probably be looking at some recommendations immediately after the Regional Justice Center opens up and for the short term. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR F be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of October 3 , 1995. STREETS (BIDS - ITEM 5A) LID 346 - S. 212th Sidewalks and Street Lighting, Russell Road to West Valley Highway. The bid opening for this project was held on October 10 with 5 bids received. The low bid was submitted by Signal Electric, Inc. , Kent, Washington, in the amount of $160,858 . 50 . The Engineer's esti- mate was $181, 678. 00. The project consists of installing cement concrete sidewalks, lighting standards and luminaries, conduit and other related appurtenances. MANN MOVED that the LID 346 - S. 212th Sidewalks and Street Lighting contract be awarded to Signal Electric Inc. for the bid amount of $160, 858 . 50. Woods seconded and the motion carried. 4 October 17, 1995 ANNEXATION (OTHER ,BUSINESS - ITEM 4B) Meridian Annexation Aerial Manning Contract The Public Works Committee has recommended that upon the City Attorney' s concurrence with the contract documents, the Mayor be authorized to sign the Meridian Annexation Area Aerial Mapping Contract with Nies Mapping Group, Inc. , Bellevue, Washington. MANN MOVED that the Meridian Annexa- tion Area Aerial Mapping Contract be awarded to Nies Mapping Group, Inc. for the contract amount of $36,715. 00, subject to the City Attorney's concurrence with the language. Woods seconded and the motion carried. ANNEXATION (PUBLIC HEARINGS - ITEM 2B) ZONING Meridian Annexation Comprehensive Plan Amendments CPA-95-1 and Initial Zoning AZ-95-3 On September 25 and 26, 1995, the Planning Commission held public hearings on both the Comprehensive Plan and Zoning Map Amendments for the Meridian Annexation area. Following their deliberations__ on October 2 , 1995, the Commission voted to forward their recommendation to the City Counci-1. Tonight's hearing is the first of two public hearings to be held by the City Council pursuant to State law; the second hearing is scheduled for November 21, 1995. Kevin O'Neill of the Planning Department ex- plained that after the Boundary Review Board and the City Council made the final decision on this annexation, the Planning Department prepared alternatives for public review on zoning and planning in the area. He noted that an open house was held on August 24 which was very well attended, and that different alternatives were reviewed and based on that, alternatives were pre- pared for the Planning Commission and the public's recommendation. He noted that the Planning Commission looked at three alternatives for both the Comp Plan and zoning, and their recommendation most closely follows the third alternative. He explained that the plan shows the majority of the area being designated single family at varying densities, the most common being SF6, with some lower densities. He added that there are two commercial nodes at 132nd and Kent-Kangley and .at 152nd and Kent-Kangley where there is existing commercial development. He said the recommended 5 October 17, 1995 ANNEXATION zoning follows the Comprehensive Plan recommenda- ZONING tion, and the zoning and Comp Plan are basically compatible with the existing land use pattern there now. He said the only major change is in areas at 132nd and 152nd where multi-family zoning exists but has not been developed with multi- family, and the designation has been changed to either commercial or higher density single family. He commended the Planning Commission on their efforts. O'Neill noted that eight letters were received between the time the Planning Commission closed their hearing and when they undertook their deliberations, and that the Commission asked that the letters be submitted to the City Council for the public record. WOODS MOVED to make these letters, and letters received tonight from David McGrew and Marie Lewis, a part of the record. Orr seconded and the motion carried. Mayor White declared the public hearing open. Edward Pawlowski, 27727 106th S.E. , said that his area did not ask to be annexed to Kent, and did not get to vote on it. He asked not to be annexed. Marie Lewis, 25840 135th Lane S.E. , read a letter regarding her property and suggesting a change in zoning enabling the building of afford- able housing on the lake. Paul Morford, P.O. Box 6345, Kent, read a letter he had written to the Mayor on January 18, 1995, regarding the annexa- tion of property on the corner of 120th Avenue S.E. and S. E. 240th. In the letter Morford stated that the property is currently zoned single family 7200, and asked whether he would have rea- sonable assurance that it would be zoned single family 5000, as that would be the most 'compatible to King County zoning. He noted that he had received a favorable response to the letter, and that he has had discussions with the Planning Department about this. He said he believes the recommendation for the property on 116th is for commercial, and asked that the zoning on his property be kept as close to King County' s as it was, which would be 5000. He added that 7200 would be a loss in their zoning. George Webb, 26524 128th Avenue S.E. , voiced concern about the Meridian Meadows Wetlands and _ Stormwater Storage Pond. He said many people are 6 October 17 , 1995 ANNEXATION concerned about the zoning, and that they feel it ZONING should be designated open space on the Compre- hensive Plan. He felt that R1. 5. 0 should be decreased to RA, one unit per acre. He asked the Council to take this into consideration, and noted that it has been done in other areas of the annexation. David Spencer, 27848 152nd Avenue S.E. , owner of Shady Park Grocery and the auto repair shop next door, said the Neighborhood Commercial zoning for his area does not allow for the auto repair shop to be rebuilt if it should burn. He noted that the property has been com- mercial since 1920, and asked the Council to consider General Commercial zoning which allow him to replace or improve the building. Dean Conti, 21121 S.E. 206th, Renton, pointed out his property on the map, and noted that it is proposed for commercial zoning. He explained that the Planning Commission adopted his proposal over the staff' s and noted that his property has significant wet- lands which should be protected. He proposed office commercial zoning and noted that it has good access off Kent-Kangley and that a good buffer already exists. He said that if his pro- perty is zoned as he proposes, he would be willing to sell part of the property at a reasonable price or deed it to the city for use as a park, noting that the city would then have permanent control over the wetlands. Herb Noji, owner of a com- mercial greenhouse at 12525 S.E. 248th, said the County zoning was SR9 . 6 and that the area could support a higher density of 7 . 2 . He noted that there is a great deal of public land along 248th, and that in order to expand Clark Lake Park in the future, the density should be higher than 9 . 6. Gary Widener, 27220 154th Avenue S.E. , said he has requested Community Commercial zoning to be squared off in his neighborhood. He explained that the properties bordering 152nd are Community Commercial, and provided a diagram illustrating how an enterprise would fit in. He said this would be a good asset for Kent and would provide revenue. Brenda Houston, 22901 114th Way S.E. , noted that her grandmother, Frances Houston, lives at 15304 S. E. 273rd, and does not want to leave the area. She distributed copies of a map and letters and noted that it is a safe neighborhood, and said that the wishes of the residents of the neighborhood should be considered, since it will change their lives. Frances Houston said she is 7 October 17, 1995 ANNEXATION very happy where—Sfie is. ORR MOVED that Houston' s ZONING letter be added to the record. Woods seconded and the motion carried. Daniel Walton, 27223 154 Avenue S.E. , stated that their family has had no choice and asked the Council not to deny them their individual choices. Tom Sharp, 11126 S.E. 256th, noted that he owns property at 120th and 240th, and asked for parity with the County zoning. He noted that the County and the City calculate public access roads differently, and that his property may be down-zoned. He said most residents of the annexation area were assured they would not be down-zoned, but that his would be. He requested parity and asked why his property is to be down-zoned. Jack Evans, 13710 S.E. 259th, spoke in support of Community Commercial zoning at 152nd and Kent-Kangley. He noted that Mrs. Houston would not have to move, and said that a larger commercial area is needed at that location. He asked that zoning at 272nd and 152nd be squared off so that a substantial project can be located there in the future, rather than small piecemeal development. Brenda Houston noted that there is commercial zoning in Covington, only a half-mile away and that more commercial zoning is not needed. Gary Widener stated that the revenue generated by businesses in Covington would not go to Kent, and said commercial zoning would be advantageous for the city. Dean Conti submitted a diagram and WOODS MOVED that it, as well as the documents from Widener and the letter from Morford, be made a part of the public record. Orr seconded and the motion carried. There were no further comments from the audience and WOODS MOVED to close the public hearing. Houser seconded. Mayor White noted that a second public hearing will be held at a later date. The motion then carried. PLATS (CONSENT CALENDAR - ITEM 3D) Top of the Hill Final Plat FSU-94-2 . AUTHORIZA- TION to set November 7 , 1995, as the date for a public meeting to consider a final plat appli- cation made by Baima & Holmberg, Inc. The City Council approved a recommendation from the Hearing Examiner for the Preliminary Plat on September .6, 1994 . The plat contains 8 . 74 acres, consists of 42 single-family residential lots, and is located 8 October 17, 1995 PLATS on the north side of the SE 244th Street, approxi- mately 600 feet west of 104th Avenue SE. (CONSENT CALENDAR - ITEM 3E) Kingstone Final Plat FSU-94-11. AUTHORIZATION to set November 7, 1995, as the date for a public meeting to consider a final plat application made by T.C.A. The preliminary subdivision was ap- proved in King County and upon the East Hill/ Ramstead Annexation, the final plat fell under Kent' s jurisdiction. This plat contains 21. 34 acres, has 69 lots, and is located. between SE 271st and SE 268th and between 114th Avenue SE and 117th Avenue SE. PUBLIC (CONSENT CALENDAR - ITEM 3C) SAFETY Harassment Crimes. ADOPTION of Ordinance No. 3243 which brings the City' s criminal code into con- formity with state law by adding a new section to the code which makes harassing and stalking an individual a crime. FRANCHISE (OTHER BUSINESS - ITEM 4A) Heath Tecna Franchise Agreement. Heath Tecna Aerospace Corporation is selling its Kent facili- ties and asks that the Council give its consent to Heath' s assignment of its interest in an existing street use franchise with the City of Kent. By its terms, the franchise does not allow assignment without Council' s prior approval. Heath asks Council to authorize the Mayor to sign a Consent Agreement together with a second agreement that verifies that the franchise is still in effect and that no franchise terms have been violated to date. MANN MOVED that the Mayor be authorized to sign the Heath Tecna franchise assignment agree- ments. Woods seconded and the motion carried. PARKS & (CONSENT CALENDAR - ITEM 3F) RECREATION Kiwanis Tot Lot No. 2 Project. ACCEPTANCE of Kiwanis Tot Lot #2 Project as complete, and release of retainage to Parkwood Services, upon receipt of state releases. FINANCE (PUBLIC HEARINGS - ITEM 2A) 1996-2001 Capital Facilities Plan. This public hearing was continued from August 1, 1995, to this date. As required by the Growth Management Act, the City must adopt a Six-year Capital Facilities Plan. This proposed plan designates certain 9 October 17 , 1995 FINANCE capital facilities for implementation in 1996-2001 in order to meet state GMA concurrency require- ments within established and projected budgets. May Miller, Finance Division Director, noted that many plans already exist in the City such as the water plan, the sewer plan, transportation, parks, automation and a fire equipment replacement plan and that this one document pulls all of them together in one place. She explained that in the future when a new development is planned, every- thing will be done at the same time so that when it is finished there will be new roads, water, sewer, and a park. She noted that the City of Kent has gone beyond the required transportation, water, sewer and drainage and has added parks, cultural arts, and the recreation fields. Miller explained that some criteria had to be used for balancing since there were more requests than revenue. She noted that the debt service was funded for all of the existing capital projects, then the fund balance was increased so that there would be a reserve balance for all of the unex- pected projects which may come up. She noted that consideration was then given to the building, ground and safety projects in maintaining the facilities already in existence, and finally setting aside some money for land for future parks and facilities. Miller noted that the project totals $171, 555, 000 over six years which is just the plan and not the budget. She noted that only the 1996 portion of the plan will be put into the operating budget and that the plan provides over $100, 000 for trans- portation corridors, sidewalks, asphalt overlays, water & sewer drainage, and golf projects which are funded with revenue bonds, LID' s, grants, and some of their own revenue from water, sewer, drainage and utilities. She noted that the Parks Plan includes some improvements to the aging parks system, and that there is also a plan for a voted bond issue in the future for a possible performing arts center, community youth center, or cultural center and athletic complex. She explained that these are just planned out for the future but that significant work would have to be done before they would become a reality. She noted that Councilmanic bonds are also scheduled for 1997-98 10 October 17 , 1995 FINANCE for some of the other automation, telephone needs for the City to keep it efficient, and for some needed shop space. She stated that the burn props which have been requested for the last seven years will be included in the funding for this year and that funds are also included for maintenance and repair of all of our existing buildings to extend their maximum life. She also noted that one addi- tional capital facility position will be funded from the sales tax revenue which will do cash flow planning, closing the projects in a timely manner, and keeping the level of service current as is required by Growth Management. She explained that Growth Management has added responsibility to the cities because in the past they could just do plans which didn't have to be concurrent all at one time and didn't have to be budgeted, but the new requirement says they have to be concurrent and have to be balanced within revenue. She noted that a public hearing was held on August 1, a workshop was held on October 3 , the Operations Committee had this before them on October 11 and recommended approval, and tonight is the final public hearing. Ms. Miller recommended that Council adopt the 1996-2001 plan and the resolu- tion, and add the 1996 portion to the preliminary budget. Mayor White opened the public hearing. There were no comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. JOHNSON MOVED to adopt Resolution No. 1446, which establishes the City's 1996-2001 Capital Facili- ties Plan and combines the 1996 element into the preliminary budget. Orr seconded and the motion carried. (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through September 29 and paid on September 29 , 1995, after auditing by the Operations Committee on October 11, 1995 . Approval of checks issued for vouchers: Date Check Numbers Amount 9/29/95 160046-160656 $1, 1031316. 29 11 October 17, 1995 FINANCE Approval of checks issued for payroll for September 16 through September 30, 1995, and paid on October 5, 1995: Date Check Numbers Amount 10/5/95 Checks 206461-206784 $ 253, 581. 56 Advices 27911-28311 499 , 384.32 $ 752,965. 88 REPORTS Council President. Woods noted that she had attended the Festival of the Rivers and presented Mayor White with a Stewardship Award in recogni- tion of outstanding stewardship and educational endeavors in the Green-Duwamish Watershed. Mayor White congratulated all involved. Planning Committee. Orr announced that the next meeting will be held at 4 : 00 p.m. on Tuesday, November 7. EXECUTIVE At 8:25 p.m. , the meeting was recessed to an SESSION executive session of approximately 20 minutes. (Litigation and Labor Negotiations) ADJOURNMENT The meeting reconvened and adjourned at 8:55 p.m. Brenda Jac ber, CMC City Cler 12 )1� Kent City Council Meeting Date November !J. 1995 Category Consent Calendar 1. SUBJECT: ARTS COMMISSION APPOINTMENT AND REAPPOINTMENT 2. SUMMARY STATEMENT: Confirmation of the Mayor' s appoint- ment of Charlene Shaw to serve as a member of the Kent Arts Commission. Ms. Shaw is a long time Kent resident and has been employed by King County for 20 years, currently working for Jail Planning. She is a volunteer with Hospice in Seattle and was also involved as a volunteer with the Pediatric Interim Care Center. In her spare time she enjoys collecting doll house miniatures. Ms. Shaw will replace Bill Erb, whose term expired. Her new term will continue to 10/31/99. Confirmation of the Mayor's reappointment of Leigha Conner to continue serving as a member of the Arts Commission. Ms. Connor' s new term will continue to 10/31/99. 3 . EXHIBITS: Memorandum from Mayor White 4 . RECOMMENDED BY: Mayor White -- (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALLPERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYO DATE: OCTOBER 31, 1995 SUBJECT: APPOINTMENT AND REAPPOINTMENT TO KENT ARTS COMMISSION I have recently appointed Charlene Shaw to serve as a member of the Kent Arts Commission. Ms. Shaw is a long time Kent resident and has been employed by King County for 20 years, currently working for Jail Planning. She is a volunteer with Hospice in Seattle and was also involved as a volunteer with the Pediatric Interim Care Center. In her spare time she enjoys collecting doll house miniatures. Ms. Shaw will replace Bill Erb, whose term expired. Her new term will continue to 10/31/99. I have also reappointed Leigha Conner to continue serving as a member of the Arts Commission. Ms. Connor's new term will continue to 10/31/99. I submit this for your confirmation. JWJb cc: John Hodgson, Parks Director Kent City Council Meeting Date November '}. 1995 Category Consent Calendar 1. SUBJECT: KING COUNTY SOLID WASTE MANAGEMENT AGREEMENT ADDENDUM 2 . SUMMARY STA EMENT: As recommended by the Public Works Committee, uthor' ion for the Mayor to sign the Addendum to the King Count nterlocal Agreement for Solid Waste Management and adopt i of Resolution No. I`�47 concurring with this action. This addendum formally recognizes the County Council' s interjurisdictional Regional Policy Committee as the Solid Waste Interlocal Forum. 3 . EXHIBITS: Resolution, Public Works memorandum, Public Works minutes 4. RECOMMENDED BY: Public Works Committee (telephone concurrence from Bennett) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda .Item No. 3D RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, authorizing the Mayor to execute an addendum to the Solid Waste Interlocal Agreement and Forum Interlocal Agreement with King County. WHEREAS, the County and the City executed interlocal agreements on July 1, 1988 and January 1, 1988 , in which the respective responsibilities of the parties were established for solid waste management and for the creation of a solid waste interlocal forum; and WHEREAS, the Metropolitan King County Council has designated its Regional Policy Committee as the successor to the Solid Waste Interlocal Forum; and WHEREAS, the Suburban Cities Association by a resolution dated June 16, 1993 , has also designated the Regional Policy Committee as the successor to the Solid Waste Interlocal Forum; and WHEREAS, the County has proposed an Addendum to its Solid Waste Interlocal Agreement and Forum Interlocal Agreement, which is attached as Exhibit A and incorporated herein by this reference, that memorializes the various parties intent to designate the Regional Policy Committee as the successor to the Solid Waste Interlocal Forum. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS : Section 1 . The above listed findings and recitals are found to be true and correct in all respects . Section 2 . The City agrees with the proposed addendum to the existing Solid Waste Interlocal Agreement and Forum Interlocal Agreement, which is attached as Exhibit A and incorporated herein. Section 3 The Mayor is authorized to sign the addendum under the authority of this resolution. Passed at a regular meeting of the City Council of the City of Kent, Washington this _ of 1995 . Concurred in by the Mayor of the City of Kent, this day of 1995 . JIM WHITE, MAYOR . ATTEST: BRENDA JACOBER, CITY CLERK ADD ZENDUM to SOLD WASTE INTERLOCAL AGREEMENT and FORUM INTERLOCAL AGREEMENT This Addendum is entered into between King County, a political subdivision of the State of Washington and the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to as ''County'' and ''City'' respectively, who have previously executed interlocal agreements for solid waste management and the Solid Waste interlocal Forum. This Addendum has been authorized by the legislative body of each jurisdiction pursuant to formal action as designated on the signature pages . PREAMBLE The County and the City have executed interlocal agreements (hereinafter called ''the Agreements'' ) on July 1, 1988 , and January i , 1988 , in which the respective responsibilities of the parties for solid waste management and establishment of a Solid Waste interlocal Forum ( "the Forum'' ) have been designated . Since the date of execution of the Agreements , the Regional Governance Summit of elected officials representing the County and the cities proposed and the voters adopted King County Charter amendments which established a minimum of - three regional policy committees of the Xing County Council . These committees , which were modeled after the Solid Waste interlocal Forum, are comprised of a mix of representatives of suburban cities and Seattle as well as T{_ng County Ceuncilmembers . One of the three , the Regional Policy Committee , has been deemed to meet the 1 - EXHIBIT-,a- Addendum to Solid Waste Interlocal Agreement and Forum Interlocal Agreement characteristics of membership, staffing and relationships to the parties to the Agreements which were intended for the Forum. By Motion 9297 , the King County Council has expressed its intent that the Regional Policy Committee of the King County Council be designated as the successor to the Solid Waste Interlocal Forum and serve the purposes cf the Forum described in the Agreements to which this document is an Addendum. This intent was also expressed by the suburban cities in Resolution 1 adopted by the Suburban Cities Association on June 16 , 1993 . I. PURPOSE The purpose of this Addendum is to designate the Regional Policy Committee of the King County Council which was established by the King County Charter amendment approved by the voters on November 2 , 1992 as the designated Forum pursuant to the Agreements . II. DEFINITIONS For purposes of this Addendum, the definitions established in the Agreements shall apply. III . FORUM The Regional Policy Committee of the King County Council shall be established as the designated Interlocal Forum pursuant to the Agreements . Effective immediately, the Regional Policy Committee shall assume the responsibilities for the designated Interlocal Forum which are defined in the Agreements . The terms 2 - Addendum to Solid Waste Interlocal Agreement and Forum Interlocal Agreement and conditions specified in the Agreements by which the parties shall discuss and/or determine policy and development of a Comprehensive Solid Waste Management Plan as shall apply to the parties and to the Regional Policy Committee, except as specified below. A. Section VI . MEMBERSHIP, of the Solid Waste Interlocal Forum Agreement is hereby repealed. Membership of the Regional Policy Committee shall be as specified in the King County Charter. B . Section VII , MEETINGS, of the Solid Waste Interlocal Forum Agreement is hereby repealed. Unless otherwise provided, the rules and procedures of the Metropolitan King County Council adopted by ordinance shall govern all procedural matters related to the business of the Forum. C. Section VIII , BYLAWS, of the Solid Waste Interlocal Forum Agreement is hereby repealed. D . Section IX, STAFFING AND OTHER SUPPORT, of the Solid Waste Interlocal Forum Agreement is hereby repealed. IV. SOLID WASTE ADVISORY COMMITTEE The King County Solid Waste Advisory Committee formed pursuant to RCW 70 . 95 . 165 shall continue pursuant to its statutory functions and, in addition, shall advise the Forum on solid waste matters . - 3 - Addendum to Solid Waste Interlocal Agreement and Forum Interlocal Agreement V. DURATION This Addendum shall become effective on the date of execution and shall remain in effect through June 30, 2028 . VI . NOTICE IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth below: CITY KING COUNTY Mayor King County Executive Date Date Pursuant to Resolution No. Pursuant to Motion No. Clerk - Attest Clerk - Attest Approved as to form and legality Approved as to form and legality City Attorney King County Deputy Prosecuting Attorney Date Date :kb \admin\ila\MODILA.DOC 4 - DEPARTMENT OF PUBLIC WORKS October 23, 1995 TO: Public Works Committee FROM: Don Wickstromi� RE: King County Interlocal Agreement for Solid Waste Management - Amendment King County has interlocal agreements for management of solid waste with each City in the County. These agreements provide for the County to assume long term waste management planning, transfer and disposal responsibilities, and for the cities to work with the County through a solid waste interlocal forum, as well as providing recycling and garbage collection services within their jurisdictions. The enclosed amendment to those interlocal agreements would formally recognize the role of the King County Council's interjurisdictional Regional Policy Committee as the Solid Waste Interlocal Forum. ACTION: Authorization for the Mayor to sign the Amendment to the King County Interlocal Agreement for Solid Waste Management and also, to adopt Resolution # concurring with this action. adjacent to it. Clark said what we would like to do now is go back.to staff, ask them to try and male that approach, at the very least, to make sure that 100th is not a straight "shot". We can temporarily close 244th but we cannot leave those people at risk. Clark moved to temporarily close S. 244th Street, that motion being contingent upon approval of Police and Fire for their respective roles in the community; that we come back and revisit this issue of access on S. 244th Street 18 months from this time and that directions are given to staff that 100th Ave. be so designed that it cannot be a direct access arterial thru and that other access routes tying Top of the Hill be provided in whatever plan is involved in that particular process. Mann seconded the MOTION. Discussion: Brubaker noted that the developer of Top of the Hill was not in attendance and we don't know if 18 months is an appropriate time frame. Committee concurred with the motion. King County Interlocal Agreement for Solid Waste Management - Amendment Wickstrom stated that there was an interlocal group that overviewed the development of the Comp Plan and the County wants that group to become one of their committees. Committee recommended authorizing the Mayor to sign the Amendment to the King County Interlocal Agreement for Solid Waste Management and also, to adopt the resolution appropriately numbered concurring with this action. Downtown Sidewalk - Street Trees Wickstrom said the trees on Harrison St. and 1st Avenue were not saveable and as a result we had to remove them and this added a significant amount of work. to the contract. The total cost is $57,000. We have some left over money in one of our project funds; we want to transfer that money out of there to pay for this additional work In response to Clarl., Wickstrom said that all trees are being grated. There was opposition the first time when we reconstructed the sidewalks; we left some large openings to give the trees some breathing and root growing room. Since then, we have had our landscape architect design a grate system that worl.s along with a special type of soil which allows the root to grow into the ground without heaving the sidewalks up. He said the problem was that these tree roots were all surface roots and needed to be pruned so bad that the tree wouldn't survive or it would be subject to a wind blow over, 5 Kent City Council Meeting Date November !J, 1995 Category Consent Calendar 1. SUBJECT: DOWNTOWN STREET TREES - TRANSFER OF FUNDS 2. A significant additional expense has been incurred in the removal and replacement of approximately 34 street trees in the Downtown Sidewalk Replacement ro 'ect. to P transfer approximately $57, 000 from funds within the East Valley Highway (192nd - 180th) project fund (R68) to the Sidewalk Fund (R33) to cover this expense� a5 fecom fflended ?u h l�c We-(AS C&M nn,"-tte e. 3 . EXHIBITS: Public Works memorandum and Public Works minutes 4 . RECOMMENDED BY: Public Works Committee (telephone concurrence from Bennett) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ S l OOo SOURCE OF FUNDS: , Ile& l�/e,'�.-� 4.w 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3E DEPARTMENT OF PUBLIC WORKS October 23, 1995 TO: Public Works Committee FROM: Don Wickstrom �V�1 RE: Downtown Sidewalk Rehab Contract As I discussed with the Council at the October 3rd workshop and the subsequent Harrison Street tree issue via my memo of October 17th (copy attached) we have incurred a significant additional expense associated with having to remove and replace approximately 34 street trees which were not anticipated in the above referenced contract. The existing project budget can't cover this unanticipated expense of approximately $57,000. As such, we are requesting council authorization to transfer said amount for the unencumbered remaining funds within the East Valley Highway (1 92th-1 80th) project fund (R68) to the sidewalk fund (R33). ACTION: Recommend to Council the authorization of said fund transfer. DEPARTMENT OF PUBLIC WORKS October 17, 1995 TO: Mayor a City Council FROM: Don Wickstrom RE: Downtown Sidewalk Rehabilitation Phase II This is to inform you that the 1 st Avenue tree situation is now repeating itself on Harrison Street. We had originally anticipated saving the trees along the north side of Harrison from 4th Avenue to 2nd Avenue but upon exposure of their root systems, our consultant arborist and landscape arc'nitect advise us that this is not possible. The root systems are exceedingly shallow and as such, extensive root pruning is required for which the trees either wouldn't survive or because of the loss of their upper root structure, be subject to wind blow over. Further, to save the trees would require extensive tree openings in the sidewalk area (no tree grates). Similar such tree openings are a problem present with the merchants and their patrons and lastly, we would be back ever, three to five vears replacing the sidewalk again. Based on the above, -Nve instructed our contractor to remove these trees,and replace them with an acceptable new tree. Please be aware that the costs associated therewith were not included in the original project budget. As such, we will be seeking Council approval per a budget adjustment and ves, there are unencumbered funds available for this in one of our other project funds. CC: Brent McFall Tim Harris )ohn Hodgson Linda Johnson adjacent to it. Clark said what we would like to do now is go back to staff, ask them to try and make that approach, at the very least, to make sure that 100th is not a straight "shot". We can temporarily close 244th but we cannot leave those people at risk Clark moved to temporarily close S. 244th Street, that motion being contingent upon approval of Police and Fire for their respective roles in the community; that we come back and revisit this issue of access on S. 244th Street 18 months from this time and that directions are given to staff that I00th Ave. be so designed that it cannot be a direct access arterial thru and that other access routes tying Top of the Hill be provided in whatever plan is involved in that particular process. Mann seconded the MOTION. Discussion: Brubaker noted that the developer of Top of the Hill was not in attendance and we don't know if 18 months is an appropriate time frame. Committee concurred with the motion. King_County Interlocal Agreement for Solid Waste Management - Amendment Wickstrom stated that there was an interlocal group that overviewed the development of the Comp Plan and the County wants that group to become one of their committees. Committee recommended authorizing the Mayor to sign the Amendment to the King County Interlocal Agreement for Solid Waste Management and also, to adopt the resolution appropriately numbered concurring with this action. Downtown Sidewalk - Street Trees Wickstrom said the trees on Harrison St. and 1st Avenue were not saveable and as a result we had to remove them and this added a significant amount of work to the contract. The total cost is $57,000. We have some left over money in one of our project funds; we want to transfer that money out of there to pay for this additional work. In response to Clarlc, Wicicstrom said that all trees are being grated. There was opposition the first time when we reconstructed the sidewalks; we left some large openings to give the trees some breathing and root growing room. Since then, we have had our landscape architect design a grate system that works along with a special type of soil which allows the root to grow into the ground without heaving the sidewalks up. He said the problem was that these tree roots were all surface roots and needed to be pruned so bad that the tree wouldn't survive or it would be subject to a wind blow over, 5 which left us no choice. There isn't enough room in the sidewalk to do it without grates and still provide an area to walk. Clark asked if the merchants were upset about the sudden appearance of these large grates. Wickstrom said the merchants were upset about the work, but recognized that it had to be done. In response to Clark, he said that the people on 1 st Avenue were informed in advance of any work being done. Committee unanimously recommended Council authorization of transfer of funds of $57,000. Added Items: Charlie Kiefer Interim Funding Agreement with City of Tacoma Kiefer said that in the agreement it states that Tacoma will build a water line and Kent and other,water districts in South King County will help fund the building of that project and it also says ... "and to construct other facilities as would be necessary to reliably maintain the agreed level of water supply for delivery to the Utilities....." Kiefer asked if there is a list of these other facilities. Wickstrom said that those are Tacoma's projects. The Impoundment project is our own project. Those referred to in the agreement are Tacoma's such as Conservation and the Developing of Wells in the Tidelands. Those are projects that Tacoma has identified to firm up the Green River water supply. Wickstrom said that our project is not referenced in this agreement; that's for our future supply needs. We are getting 4.6 mgd per day out of Tacoma and that's not all the water we need for ultimate build-out. Tacoma's supply is firm. Between the Green River and what they have to do to make that year round 4.6 mgd they will provide the firming and will pay for the firming sources that they develop. Tom Brubaker: Meridian Annexation Garbage Service Brubaker said that when we annex into the Meridian area, they currently have the option under their existing franchise to choose not to have garbage service and to self- haul. He said in Kent, a resident is required to pay the minimum garbage hauling service whether you self-haul or not. Brubaker said that when we annex into an area, state law requires us to renew the existing franchise holders contract for five years. He said that under the contract in effect for garbage hauling in the Meridian Annexation area, we should give the citizens the right to continue self-hauling without a minimum charge. Committee unanimously recommended that the City Code Section referencing Garbage Collection by a collection company be modified to take care of the problems of those people currently being serviced in the Meridian Annexation Area and, they be allowed to continue their service for the maximum five year period. 6 Kent City Council Meeting Date November !J. 1995 Category Consent Calendar 1. SUBJECT: 71ST AVENUE STREET VACATION - TRANSFER OF FUNDS AND ORDINANCE 2. SUMMARY STA EMENT: As recommended by the Public Works Committee, thorization to deposit mewiey-- approximately $8,900$; acquired from the 71st Avenue Street Vacation into School Sidewalks Project Funds rather than into the Street Operating Budget and approval of Ordinance No. Z 6 implementing the street vacation. 3 . EXHIBITS: Public Works minutes and ordinance 4. RECOMMENDED BY: Public Works Committee _(telephone concurrence from Bennett) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• .ACTION• Council Agenda Item No. 3F Tames Street - Paul Mann Mann asked why we are never considering widening James St and create another lane. Wickstrom will again review the cost of doing this. 71st Street Vacation - Don Wickstrom "`yyy Wickstrom stated that we are coming back for approval of the final adoption of the ordinance on vacating a portion of 71st Avenue near 180th and West Valley Highway. We will be receiving about $8,900 for a small amount of right of way being vacated. He asked that this money go into school sidewalk project funds rather than, the street operating budget. Committee unanimously recommended that the money acquired from the street vacation on 71st Ave be transferred into school sidewalk project funds. Meeting adjourned: 6:15 P.M. _ 7 ORDINANCE NO. AN ORDINANCE of the City of Kent.. Washington, relating to the vacation of streets, vacating a portion of 71 st Avenue South, an existing public street, lying between So. 180th and 181 st Streets in the City of Kent. WHEREAS, application was filed with the City of Kent by various owners of property abutting the applicable portion of 71st Avenue South, an existing public street, lying between So. 180th and 181 st Streets in the City of Kent, King County, Washington; and WHEREAS, the Kent Planning Director processed this petition and secured technical facts pertinent to the question of this vacation along with a recommendation as to approval or rejection by the Public Works Department; and WHEREAS, the Kent City Council fixed a time when said petition would be heard and the hearing was held with proper notice on August 1, 1995, at 7:00 p.m. in the City Council Chambers of the Kent City Hall; and WHEREAS,the Public Works Department and Planning Director recommended that the City Council approve the application upon the applicant's fulfillment of certain conditions; and 1 WHEREAS, after the public hearing on August 1, 1995, the City Council approved the vacation so long as the applicant first fulfilled all the conditions recommended by staff and approved by Council; and WHEREAS, the applicant has now fulfilled all of the conditions imposed by Council; and WHEREAS, the City Council finds that the street sought to be vacated is: (1) an open, dedicated street and presently being used as a street; (2) not abutting on a body of water and therefore not suitable for acquisition for port purposes, boat moorage or launching sites, park, viewpoint, recreational or education purposes, or other public use; and (3) a vacation which is in the public interest; and WHEREAS, the City Council has directed the preparation of an ordinance vacating the portion of said street; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The forgoing recitals are incorporated as if fully set forth herein. Section 2. That portion of 71st Avenue South lying between So. 180th and 181st Streets in the City of Kent as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated. Section 3. No vested rights shall be affected by the provisions of this ordinance. 2 Section 4. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage 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 1995. APPROVED the_day of 1995. PUBLISHED the _day of 1995. I hereby certify that this is a true and correct copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and"approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK STV AC#10.ORD 3 ROAD VACATION 1�egn� ZtS� P. 9S � ) That portion of the U-turn route as shown on Sheets 3 and 4 of 8, Sft 1 81 South Corporate Limits of Tukwila to Foster Interchange right-of-way plans, being a portion, of the Henry Adams Donation Claim No. 43 in Section 36, Township 23 North, Rage 4 East, W.M., in King County, Washington, lying South and East of the following described line: COMMENCING at a point 30 feet South of, when measured at right angles to U-turn route centerline Station 4+30; THENCE South 880 16' 31" East, 35.30 feet parallel to and 30 feet South of said U-turn route centerline to a point on a curve the radius point of which bears South 20' 23' 03" East and the TRUE POINT OF BEGINNING of herein described line; THENCE Northeasterly along the.arc of a curve concave to the Southeast having a radius of 68.00 feet, through a central angle of 221 06' 32" and an arc length of 26.24 feet; THENCE South 880 16' 31" East, 55.36 feet to a point of curvature; THENCE Northeasterly and Northerly along the arc of a curve to the left having a radius of 75.00 feet, through a central angle of 891 58' .15" and an arc length of 1 17.77 feet; THENCE North 01 ° 45' 14" East, 172.84 feet to a point of curvature; _ THENCE Northeasterly along the arc of a curve to the right having a radius of 29.00 feet, through a central angle of 340 08' 54" and an arc length of 17.28 feet to a point on a line 30 feet East of when measured at right angles to U-turn route centerline and the terminus of herein described line. Kent City Council Meeting Date November 7 1995 Category Consent Calendar 1. SUBJECT: ACCESSORY HOUSING - ZONING CODE AMENDMENT ZCA-95-3 2 . SUMMARY STATEMENT: Approval of the Zoning Code Amendment as recommended by the Planning Commission and Planning Committee relative to accessory housing, (ZCA-95-3) , and direction to the City Attorney to prepare the necessary ordinance. The Planning Commission sent their recommendation on Accessory Housing Regulations to the City Council on October 31 1995. The Council had some concerns and sent this item to the Planning Committee on October 17, 1995. The Committee addressed all of the concerns and is returning this to Council to consider a zoning code amendment allowing accessory housing in Kent as outlined in the-aAW-avhed�-draft Accessory Housing Regulations. 3 . EXHIBITS: Staff memo, regulations, Planning Commission minutes of June 26, 1995, and Planning Committee minutes of October 17, 1995 4 . RECOMMENDED BY: Planning Commission/Planning Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3G CITY OF CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 Jim White, Mayor dRvu�� MEMORANDUM November 1, 1995 TO: JIM WHITE, MAYOR, AND CITY COUNCIL MEMBERS FROM: BETSY CZARK, PLANNER SUBJECT: PLANNING COMMITTEE RECOMMENDATION - ACCESSORY HOUSING REGULATIONS - (#Z;�7_A-95-3) The draft accessory housing regulations that will be reviewed at the Council's November 7th meeting are attached. These regulations were presented to the Council at its October 3rd meeting. At that time the Council directed the Planning Committee to review the regulations and make a recommendation to Council. The Planning Committee has recommended the attached regulations with only one change from the previous version. The parameters on the size of an accessory unit for new construction is now limited to 40 percent of the principal unit. In the prior version there was no distinction between the size of an accessory unit incorporated in new construction versus adding an accessory unit to an existing house. This restriction was attached to reduce the -risk of single family houses being built and used essentially as duplexes. As you are aware, the Washington Housing Policy Act (Senate Bill 5548) requires all cities of more than 20,000 people to allow accessory. housing (a.k.a. mother-in-law units) in single family zones. The deadline for cities to enact an accessory housing ordinance was December 31, 1994. Kent missed this deadline and has yet to adopt an accessory housing ordinance. Keep in mind that we are not developing accessory housing regulations simply because it is state-mandated: Before Senate Bill 5548 was adopted, the Report of the Mayor's Advisory Committee on Single Family Neighborhoods published by the City of Kent Planning Department in 1989 and the Growth Management Countywide Policies adopted in June of 1992 mandated the City to remove regulatory barriers to accessory units. The Housing Element in Kent's newly adopted Comprehensive plan also requires that the City implement an accessory housing ordinance. The attached draft regulations incorporate the input of the Planning Committee, the Planning Commission, and Kent citizens. The Commission has had two workshops and two public hearings on accessory housing. The Commission's concerns regarding the size and parking requirements of accessory units are reflected in the attached ordinance. Staff has also both informed and received input from Kent citizens regarding accessory housing. A Mayor's Forum discussing accessory housing and the ordinance played for over a month on cable channel 28. On May 3, 1995 the Planning Department also facilitated a focus group of Kent residents to discuss how "U,th AVE. SO. IKENT.%% ASH IArTONINV,'-sHgS/TF.LFPhIUNE '_fl6iliq_tt011%F AS=s<v-111 __ Accessory Housing Regulations - #ZCA-95-3 November 1, 1995 Page 2 accessory housing can fit, into Kent neighborhoods. The comments of these citizens are represented in the attached draft ordinance. In short the draft regulations allow accessory housing in all single family dwellings, new or existing, under certain conditions. They also allow an accessory unit to be created within, added to, or detached from the principal dwelling unit. . However, one of the two units must be owner occupied for at least six months a year. Also, if the accessory unit is detached from the main unit its size is limited to 800 square feet or 33 percent of the of the size of the principal unit, whichever is smaller. cc: James P. Harris, Planning Director Lin Houston, Human Services Manager Fred Satterstrom, Planning Manager BC\Acceshsg.ord\ahsgord.2cc Planning Commission Recommendation: Draft Accessory Housing Regulations Planning Department File Number ZCA-95-3 Definition An accessory dwelling unit (ADU) is a habitable dwelling unit added to, created within, or detached from and on the same lot with a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Comment: The Ordinance can dictate whether the AD U can only be created within the principal unit or can also be added to, and/or detached from the principal unit. Allowing all three scenarios provides greater flexibility and more feasible options for the creation of an AD U. Intent To increase the supply of affordable rental units through better use of the existing housing stock, much of which is underutilized because the baby boom has been followed by an empty nester boom, because there are fewer children per family, because there are more single parent households, and because there are more one and two person elderly households; and To make homeownership more affordable because it will be easier to buy both new and existing homes with the help of an accessory apartment, and To make it more comfortable for older people to retain their homes because an accessory apartment can provide them with added income, security, companionship, and the opportunity to trade rent reductions for needed services; and To make it easier for single parents to meet mortgage payments and hold onto their homes in the wake of a divorce and, as a result, keep their children in the same neighborhood; and To increase the opportunity for disabled persons to live independently because accessory units can provide them with both privacy and the proximity to needed support; and To reduce the isolation of households that is a result of increased affluence in housing, and/or longer lifespans and periods of frailty, and/or suburban land use patterns that isolate people who cannot drive; and To make better use of existing public investment in streets, transit, water, sewer, and other utilities. Standards and Criteria 1. One ADU per dwelling unit is allowed out-right within all R1, single family residential zones, and single family dwellings within the city. Comment: The potential and desirability for more than one AD U per single family dwelling unit is low. This criteria allows AD Us in single family houses which are in non- single family districts since approximately 13 percent of Kent's single family units are in non-single family districts. The central element of this criteria is allowing AD Us as a principally permitted use in single family zones in Kent. 2. An ADU may be established in a new or existing single family dwelling by the creation within, addition to, or detached from the principal dwelling. Comment: Designing an ADU into the construction of a new single family house allows some people to qualify for mortgage loans and to make monthly housing payments. 3. The ADU, as.well as the main dwelling unit, must meet all applicable setbacks, lot coverage, and building height requirements. 4. The design and size of-an ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. When there are practical difficulties involved in carrying out the provisions of this Ordinance, the building official may grant modifications for individual cases. 5. One of the dwelling units shall be owner occupied as the owner(s) principal residence for at least 6 months a year. No permit for an ADU will be legal until the owner files a statement with the title of the property recorded with the King County Records and Elections office. This statement shall be agreeable to the City Attorney's Office. Comment: Owner occupancy is generally desired by neighbors to ensure neighborhood stability and property maintenance. Requiring a statement with the County Records and Elections office will assure that all potential purchasers of the property are aware of the guidelines for maintaining a legal ADU in the residence. 6. If both the ADU or the principal unit ceases to be owner occupied for more than 6 months, the ADU permit shall be considered revoked and the unit shall cease to be used as an ADU. 7. The size of an ADU contained within or attached to an existing single family structure shall be limited by its applicable zoning requirements. An ADU incorporated in the construction of a new single family house shall be limited to 40% of the principal unit. The size of a detached ADU, for either new construction or an existing home, shall be up to 800 square feet or 33% of the size of the principal unit, whichever is smaller. A legal guest cottage, as defined by Kent Zoning Code, existing prior to the adoption of this ordinance shall not be denied an accessory housing permit solely because it is larger than the maximum size stated in this criteria. Comment: The existing structure, lot size, and setbacks will limit the size of an attached ADU. This does not put more limits on the size of an attached ADU than exists for an addition to the same single family home. However, to assure that a detached AD U structure is not built to an equal or greater size than the principal unit, a size limitation is proposed for detached units. In addition, Kent Zoning Code allows guest cottages which are an accessory, detached dwelling without any kitchen facilities. If such a unit can comply with all the code and other requirements of the accessory housing ordinance, it should not be denied that status because of its size. 8. One offstreet parking space per accessory unit is required in addition to the required parking for the single family home. The Planning Director may waive this requirement where there are special circumstances related to the property and its location (e.g., proximity to transit, adequate onstreet parking, etc..). The surface of a required ADU offstreet parking space shall comply with Kent City Code 15.05.090.C. Comment: Parking is often perceived as a potential problem by neighborhoods who envision many cars parked on the street. By requiring an off-street parking space this potential problem can be mitigated. City Code 15.05.090.C requires that offstreet parking be paved with asphalt or equivalent material, to be approved by the city engineer. Therefore, if the city engineer approves, the required ADU offstreet parking does not have to be asphalt. 9. Every effort shall be made to avoid additional entrances or other visible changes on the street facade of the house which indicate the presence of an ADU. Comment: This is to maintain the dwelling's single family appearance. It also allows the flexibility for a second entry on the street facade in cases where a side or rear entrance is impractical. 10. A permit application must be completed and approved for all ADUs. The Planning Department shall determine the application requirements for an ADU permit. 11. ADUs existing prior to the adoption of the accessory housing ordinance may be found to be legal, if the property owner applies for an,ADU permit and complies with all required standards and provisions. Such property owners have a one year period from the date the accessory housing ordinance is adopted in which to apply for an ADU permit, after which time such property owners can be subject to fines described in Kent City Code. 12. Adjacent neighbors of an ADU applicant shall be notified of the ADU zoning permit application. This notification is informational only. The decision by the Planning Department to grant an ADU zoning permit is non-appealable by the neighbors of the permit holder. Comment: Informational notification of an ADU serves two purposes. This information not only lets them know that AD Us are legal now, but also allows them to help enforce the requirements of their neighbor's ADU. 3OAcceshsg.a ra\araft2 cc.ord City Council Planning Committee Minutes October 17, 1995 addition. Only a portion of that growth is attributed to new homes. There is a direct cost to the school districts from increased students. Schools may not receive the other sources of taxes that Mr. Heller mentioned. Part of the reason that the school impact fees came about was a lot of the tax-payers that have been in their areas for 30 to 40 years paid for the existing facilities and feel that the new home owners are using these facilities without contribution. Chair Orr asked Mr. Frentress if the Highline School District was interested in pursuing the impact fees for the part that lies within the City of Kent. Mr. Frentress said he was trying to give a school district perspective. The City of Kent would have a minimal impact on the Highline School District because the area is small. Highline has pursued impact fees in the cities of Tukwila, Seatac, Des Moines, Burien, and King County. They all have areas in the Highline School District. None of these cities have adopted these school impact fees except King County. Highline has collected fees from King County. Chair Orr said that the information handed out today would be reviewed and action will probably be taken at the November 7, 1995 Planning Committee meeting. Ms. Orr invited all parties to come back at that time. Assistant City Attorney Laurie Evezich asked Mr. Heller about his report for Pierce County and if it was an impact fee report. Mr. Heller stated that it was to identify the amount of taxes that are generated in the course of constructing a home and where they flow in our government. This report was completed in April 1995. ACCESSORY HOUSING ZONING CODE AMENDMENT #ZCA-95-3 Betsv Czarkl Chair Orr addressed the main concerns about accessory housing and the recommendation as presented by the Planning Department. The clarification about the one year grace period for existing accessory housing units was discussed with the conclusion that any accessory housing units that exist have a one year grace period to come in and apply for an accessory housing unit permit. Chair Orr was concerned about the size of the unit within the original dwelling and the possibility that it may create a duplex. Citizens are concerned that duplexes would be built in single family zones. The Planning Department recommendation indicated that the one of the units has to be occupied by the owner for at least six months out of the year. Chair Orr questioned how this would be enforced, and how the City could monitor these actions. Planner, Betsy Czark, brought 2 City Council Planning Committee Minutes October 17, 1995 to the Committee's attention that there will be a notification process. The adjacent neighbors will be notified of the procedures and invited to keep the City informed. Planner Betsy Czark stated.that a detached accessory unit limit is thirty-three percent of the original dwelling or 800 square feet, whichever is smaller. The Planning Commission had suggested no size limitations on an accessory unit within the principal dwelling because of the possibility of a basement conversion. The basement can be fifty percent of the whole dwelling, if the size of an accessory unit is limited to less than fifty percent, such an easily done accessory unit could not be done. Planning Director, James P. Harris, stated that if a permit application were taken into the Planning Department and it appeared to be a duplex, then the City should not issue that permit. An accessory unit should be classified as an addition on or conversion to part of an existing dwelling. Ms. Czark stated that presently the City allows building accessory units on new or existing buildings. Chair Orr stated that accessory units should be limited on new buildings to ensure that new duplexes will not be built. Ms. Orr, again, addressed concern regarding the Cities ability to monitor accessory units and enforce the regulations. Ms. Czark suggested that the City limit the accessory housing to existing dwellings. Mr. Harris suggested trying that for one year. Planner, Linda Phillips, indicated that there is a need to allow this in new construction. She used the example of people who are legitimately saving space for their parents to use when they become dependant on them. Chair Orr suggested putting a size limit on the accessory units for new construction. She suggested no less than sixty percent for the principal unit and no more than forty percent for the accessory unit in new construction. There was some discussion regarding availability of parking for accessory housing units. In the recommendation from the Planning Department, one off street parking space must be provided for the accessory unit. If there is adequate street parking; street parking may be allowed if authorized by the Engineering Department_ _. 3 Planning Commission Minutes June 26, 1995 Page 4 ACCESSORY HOUSING ORDINANCE - #ZCA-95-3 Betsy Czark, Planner, said several meetings have been held on this issue so she would not review the ordinance in its entirety, but would discuss the basic potential changes since the May 22, 1995 meeting. She said the two changes involved surface parking and the size limitation of the Accessory Dwelling Unit (ADU). Ms. Czark said the proposed ordinance has no size limitation for an attached unit, other than by the normal setback requirements, and a detached unit is limited to 800 square feet or 33 percent of the principal unit, whichever is smaller. She explained 33 percent was used because other jurisdictions used anywhere from 30 to 40 percent. A size limit is recommended for detached ADU's so that a person with a large lot could not put two full sized houses on that single lot. When asked if ADU's would be allowed a zero lot line considerations, discussions continued regarding possibly excluding ADU's from the development standard. Chair Morrill opened the public hearing. Rodger Anderson, Seattle-King County Association of Realtors, 12015 115 Avenue NE, Kirkland testified that he was pleased that Kent is also allowing accessory housing and wanted to know if the Commission had considered allowing a grace period for non-complying proper-ties to meet the permit requirements. Mr. Anderson said Federal Way recently adopted a one year grace period. Ms. Czark said this concept was proposed at a Planning Commission workshop. Commissioner Stringham added he felt the reason the grace period was not pursued was because in the City of Seattle, only one person applied. Mr. Harris said staff would look favorably on a one year grace period. It was MOVED and SECONDED to close the public hearing. The motion CARRIED. Commissioner Nuss MOVED to accept accessory units as written by the Planning Department with the exception of the size, to be 40 percent or less, with a one year grace period to comply with necessary permits necessary. Commissioner Dahle SECONDED the motion. Commissioner Stringham asked if the 40 percent for meant for detached units or attached units. Commissioner Nuss said it would apply to both. Commissioner Nuss read a statement to supports the 40 percent of the principal square footage limitation for accessory units. She gave reasons as depletion of the housing variety and affordability for students and seniors. Commissioner Nuss said her decision was based on several ADU's she has visited throughout western Washington. Comments continued concerning the 40 percent limitation for ADU's. Commissioner Swingham added that market demand would dictate the percentage, and no limitations on attached ADU's would allow further flexibility and smaller units could still be built. Commissioner Nuss debated that there is enough multifamily housing and all that would separate an ADU from a duplex is that an ADU must be owner occupied in one unit. Commissioner Heineman agreed with #ZCA-95-2 Cluster Housing & Related Development Techniques #ZCA-95-3 Accessory Housing Ordinance Planning Commission Minutes June 26, 1995 Page 5 that an ADU must be owner occupied in one unit. Commissioner Heineman agreed with Commissioner Nuss' position, stating that removing the limitation of the size of the ADU creates a duplex, and that staff's original size limit was 50 percent of the principal unit's square footage, the same as King County's limit. Commissioner MacIsaac added that every structure is different and that the City should allow as much flexibility as possible for attached units. Ms. Czark confirmed that staff's original recommendation was 50 percent, but removed the limitation on attached units per the Commission's request. The motion was restated. Commission Nuss MOVED to accept staff's recommendation on accessory housing, #ZCA-95-3, Accessory Housing Ordinance, as written, with the exception of the size limitation to be changed to 40% or less of the principal unit, with a one year grace period, in order to comply with necessary permits. Commissioner Pattison asked for a ten minute recess to review the report. A recess was declared at 8:10 pm. The motion was DEFEATED. Vote: Yea - Commissioners Nuss, Heineman Nay - Commissioners Dozier, Epperly, Dahle, Stringham, MacIsaac, Pattison, Chair Morrill. Commissioner Stringham MOVED to accept staff's recommendation with the exception of adding language allowing a one year grace period. Commissioner Epperly SECONDED the motion. Discussion: Commissioner Nuss said she wished to go on record as saying this is an abuse of our citizens and students ability to establish affordability. The motion CARRIED. Vote: Yea - Commissioners Dozier, Epperly, Dahle, Stringham, MacIsaac, Pattison. Nay - Commissioners Nuss, Heineman. Abstained - Chair Morrill GOOD OF THE ORDER - There were no items. It was MOVED and SECONDED to adjourn the meeting. The motion CARRIED. The meeting adjourned at 8:20 p.m. Respectfully submitted, Ja s P. Hams ecording Secretary #ZCA-95-2 Cluster Housing & Related Development Techniques #ZC4-95-3 Accessory Housing Ordinance Kent City Council Meeting Date November T 1995 Category Consent Calendar 1. SUBJECT: RIVERBEND GOLF COMPLEX FIELD IMPROVEMENTS PROJECT 2 . SUMMARY STATEMENT: Accepe as complete4the Field Improvements Project at the Riverbend Golf Complex, and release retainage to Golf Landscaping upon receipt of state releases. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: - Council Agenda Item No. 3H Kent City Council Meeting Date November $, 1995 Category Consent Calendar 1. SUBJECT: RIVERBEND GOLF COMPLEX FEES 2 . SUMMARY STATEMENT: Acceptance of new golf fees as proposed by the Golf Advisory Board for the Riverbend Golf Complex. 3 . EXHIBITS: Copy of memorandum to Parks Committee regarding proposed fees 4 . RECOMMENDED BY: Staff Parks Committee and Golf Advisory Board (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3I CITY OF KENT PARKS AND RECREATION MEMORANDUM TO: Parks Committee FROM: John Hodgso , irector of Parks DATE: October 12, 1995 SUBJECT: Fees at Riverbend Golf Complex Staff has met with the Golf Advisory Board and S.S.M.D. regarding fees at the Riverbend Golf Complex. We have discussed and are recommending the following: Winter Golf Card: (1 8-holecourse only). This would allow unlimited golf Monday through Friday from November 1, to February 29. Our objective is to increase weekday play at the 18-hole course. • Cost: $300.00 Seniors 62 and over/resident card holder $350.00 All other golfers Fee Increases: effective April 1, 1996 the following fees would be increased: Current Proposed • Range balls Small bucket 2.00 2.50 • Large bucket 4.00 4.50 • Mini Putt Youth/Senior 2.50 3.00 • Adult 3.50 4.00 • Par 3 Senior/Junior 4.00 5.00 All other golfers 5.00 6.00 Kent City Council Meeting Date November !j. 1995 Category Consent Calendar 1. SUBJECT: ASBESTOS REMOVAL 2. SUMMARY STATEMENT: Accepts complete Athe asbestos removal from the Parks house located at 8121 South 259th Street, and release of retainage to F. S. & G. S. Services upon receipt of state releases. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3J Kent City Council Meeting Date November '}. 1995 Category Consent Calendar 1. SUBJECT: PARKS AND RECREATION CODE AMENDMENTS 2 . SUMMARY STATEMENT: Adoption of Ordinance No. 32-y7 amending Chapter 4. 01 of the Kent City Code relating to "Parks and Recreation" changing penalties for violations of certain provisions from misdemeanors to civil infractions and further repealing certain provisions relating to boating and water- craft, which provisions have been incorporated into a new boating regulation code adopted concurrently with this ordinance. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO_svl� YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• . ACTION: Council Agenda Item No. 3K II I� ». I j. I li ORDINANCE NO. i. �j �i I AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 4 . 01 of the Kent City Code relating to "Parks and Recreation" repealing certain sections and redefining penalties for violations of certain provisions of the Chapter. WHEREAS, the City Council, concurrently with this Ordinance is considering a new Chapter to the Kent City Code relating to boating regulations, and I' WHEREAS, the new boating regulations contain provisions which are duplicated in Chapter 4 . 01 , and therefore, provisions of Chapter 4 . 01 need to be repealed, and WHEREAS, the penalty provisions in Chapter 4 . 01 make every violation of the Chapter a misdemeanor, and WHEREAS, the City Council desires to make certain violations of Chapter 4 . 01 civil infractions, NOW THEREFORE, `ea,96 cc-We I, i THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . Sections 4 . 01 . 070 and 4 . 01 . 200 of the Kent City Code are hereby repealed in their entirety; SECTION 2 . Section 4 . 01 . 220 of the Kent City Code, entitled "Penalties" is hereby amended to read as follows : Sec. 4 . 01. 220 . Penalties . fnisdeffleane� l 1 e �y-�3a � (, year ±ft ' L 1-. .-0 A ! ($c nnn nG), � F � 6r-3�6�fft6�-zj3air vr-be h. A. Civil Penalty. Except as provided in Subsection B a violation of any provision of this Chapter shall constitute a civil violation for which a monetary penalty may ba assessed in the amount of two-hundred-fifty dollars (5250 00) . Each separate day, or portion thereof , during which any violation occurs shall constitute a separate violation . . B . Misdemeanor. Any person who violates Sections 4 01 020 or 4 01 040 of this Chapter shall be guilty of a misdemeanor punishable by a fine not to exceed five thousand dollars (55 000 00) or by imprisonment not to exceed one year, or 2 by both such fine and imprisonment Each separate day or portion thereof during which such violation occurs shall constitute a separate violation. SECTION 3 . Effective Date. This ordinance shall take effect and be in force. a date more than 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 3 li PASSED day of 1995 . i� APPROVED day- of 1995 . PUBLISHED day of 1995 . I hereby certify that this is a true copy of Ordinance No . passed by the City Council of the City of Kent , Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK Prkreg.ord 4 �/V Kent City Council Meeting Date November �. 1995 Category Consent Calendar 1. SUBJECT: BOATING REGULATIONS CODE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. 3249 establishing a new chapter to the Kent City Code entitled "Boating Regulations" relating to boating on lakes within the City of Kent. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3L ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, establishing a new Chapter, 4 . 06 , to the Kent City Code entitled "Boating Regulations" relating to boating on lakes within the City of Kent . WHEREAS, the City will be annexing an area known as the Meridian annexation area to the City of Kent effective January 1, 1996 ; and WHEREAS, included in the Meridian annexation is Lake Meridian which experiences substantial boating and other water recreational activity; and WHEREAS, the City does not have boating regulations to adequately protect the public with regard to such boating and water recreation at Lake Meridian and upon the annexation of the new area to the city, King County regulations will no longer be applicable to water recreation at Lake Meridian; and WHEREAS, the City Council finds that it is in the public ' s best interest to adopt a comprehensive boating regulation code for the City; NOW THEREFORE, load "pda4u m THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . There is hereby added to the Kent City Code, a new Chapter, 4 . 06 , entitled "Boating Regulations" to read as follows : CHAPTER 4 . 06 . BOATING- REGULATIONS . Sec . 4 . 06 . 010 . Application of regulations. The provisions of this chapter shall be applicable to all watercraft and related uses in and upon all lakes within the geographical boundaries of the City of Kent . The provisions of this chapter shall be construed to supplement United States laws and state laws and regulations when not expressly inconsistent ' therewith. Sec. 4 .06 . 020 . Definitions . For the purpose of this chapter, the following terms shall have the meaning ascribed in this section: A. "Authorized emergency watercraft". means any authorized watercraft of the City' s police or fire departments, the United States government, and State of Washington authorized patrol boats or watercraft . B . "City" means the City of Kent . 2 C. "Obstruction" means any matter which may in any way blockade, interfere with or endanger any watercraft or impede navigation including but not limited to rafts, log booms, trees , lumber, and other similar material or objects . D . "Oil" means any oil or liquid, whether of animal , vegetable or mineral origin, or a mixture, compound or distillation thereof . E . "Operator" means a person who is in control or in charge of a vessel or watercraft while it is in use . F . "Owner" . means the person who has lawful possession of a watercraft or obstruction by virtue of legal title or equitable interest therein which entitles him or her to such possession. G. "Person, " when necessary, means and includes natural persons, associations, copartnerships and corporations, whether acting by themselves or by a servant , agent or employee; the singular number, when necessary, means the plural, and the masculine pronoun includes the feminine . H. "Pier" means any pier, wharf, dock, float , gridiron or other structure to promote the convenient loading or unloading or other discharge of watercraft, or the moorage of watercraft . I . "Police" or "Police department" means the Police Department of the City of Kent . J. "Restricted area" means an area that has been marked in accordance with and as authorized by the law or regulations of the City, to be used for certain designated 3 �r 11 purposes such as swimming and aquatic events or otherwise closed to use by watercraft , the method of marking and designation of which shall have been made by the City in accordance with the provisions of this chapter. K. "Skin diving" means any free swimming person and/or any .person who uses an artificial or mechanical means to replace his or .her air, including self-contained underwater breathing apparatus (SCUBA diving) , snorkel tube equipment and free diving gear. L. "Watercraft" means every description of boat, vessel, personal watercraft or similar craft : 1) twelve feet or greater with a beam of four feet or more or 2) equipped with motor power meaning motor propulsion machinery or an internal combustion engine regardless of length or beam, used or capable of being used as a means of transportation on water, or required to be registered by the Boat Safety Act of 1971 . PROVIDED THAT this definition shall not include authorized emergency watercraft or other authorized watercraft or craft used for public safety or emergency and rescue purposes . M. "Water ski" means all forms, manners or means of person or persons being towed behind a motor boat, including, but not limited to, skis, tubes or surfboards . 4 Sec. 4 . 06 . 030 . Motor powered watercraft prohibited - Exception Except on lakes otherwise specifically provided for in this chapter, no motor powered watercraft shall be operated on any lake within the City. Sec . 4 . 06 . 040 . Negligent operation. No person shall negligently operate any watercraft in a manner so as to endanger or be likely to endanger any person or property or at any rate of speed greater than will permit him or her in the exercise of reasonable care to bring the watercraft to a stop within the assured. clear distance ahead. Sec . 4 . 06 . 050 . Reckless operation. No person shall operate any watercraft in a reckless manner so as to endanger the life or limb, or damage the property of any person. A violation of this section shall constitute a misdemeanor as defined in this chapter . Sec . 4 . 06 . 060 . Required distance from power craft .to swimmers and row boats. It is unlawful for any motor powered watercraft to be operated while the propeller is engaged within fifty feet of any swimmer or any row boat , canoe or other water conveyances . 5 Sec. 4 . 06 . 070 . Dumping trash in lakes prohibited. The dumping, depositing, placing or leaving of any garbage, ashes, debris, brush or other material into any lake, is prohibited. Sec . 4 . 06 . 080 . Floating objects adrift. All watercraft, or any other article of value found adrift in any lake in the City, may be taken into possession and removed by the police or other authorized City official or agent and shall be subject to reclamation by the owner thereof, on payment by him or her to the City of any expenses incurred by the City and in case of failure to reclaim may be sold or disposed of according to law. Sec. 4 . 06 . 090 . Sunken watercraft. When any watercraft or obstruction has been. sunk or grounded, or has been delayed in such manner as to stop or seriously interfere with or endanger navigation, the police may order the same immediately removed and if the owner, or other person in charge thereof, after being so ordered, does not proceed immediately with such removal, the police or other authorized city official or agent may take immediate possession thereof and remove the same, using such methods as in his or her judgment will prevent unnecessary damage to such watercraft or obstruction, and the expense incurred by the City in such removal shall be paid by the owner or other person in charge of such 6 watercraft or obstruction; and in case of failure to pay the same, the City may maintain an action for the recovery thereof . Sec . 4 . 06 . 100 . Intoxication. A. It is unlawful for any person who is under the influence of intoxicating liquor or narcotic or habit-forming drugs to operate or be in actual physical control of any watercraft . B . It is -unlawful for the owner of any watercraft or any person having charge or control of such to authorize or knowingly permit the same to be operated by any person who is under the influence of intoxicating liquor, narcotic of habit- forming drugs . C. Whenever it appears reasonably certain to any police officer that any person under the influence of, or affected by the use of, intoxicating liquor or of any narcotic drug is about to operate a watercraft in violation of subsection A above, said officer may take reasonable measures to prevent any , such person from so doing. D. A violation of this section shall constitute a misdemeanor as defined in this chapter. Sec. 4 . 06 .110 . Incapacity of operator. It is unlawful for the owner of any watercraft or any person having charge or control of such to authorize or knowingly permit the same to be operated by any person who by reason of 7 If tI II Ili physical or mental disability is incapable of operating such i I I watercraft under the prevailing circumstances . l ISec . 4 . 06 . 120 . Accidents . The operator of watercraft involved in an accident !I resulting in injury or death to any person or in damage to. property shall immediately stop such watercraft at the scene of such accident and shall give his or her name, address, and the i name and/or number .of his or her watercraft, and the name and i address of the owner, to the person struck or the operator or occupants of the watercraft collided with or property damaged, j I and shall render to any person injured in such accident reasonable assistance . I I � jj Sec . 4 . 06 .130 . Accident reports. l The owner or operator of any watercraft shall file a i ii written report within forty-eight hours with the police i department of any accident involving death or personal injury requiring medical treatment or property damage in excess of two '' hundred dollars in which such watercraft shall have been -involved on any lake of the City. ii {i I� Sec. 4 . 06 .140 . overloading. I' A. No watercraft shall be loaded with passengers or I j� cargo beyond its safe carrying capacity nor carry passengers in I �I 'I 8 1 it �I an unsafe manner taking into consideration weather and other existing operating conditions . I� B . Whenever it appears reasonably certain to any police officer than any person is operating a watercraft loaded beyond its safe capacity, said officer may take reasonable measures to prevent any such. person from so operating the craft . Sec . 4 . 06 .150 . Watercraft operation within or bordering park property. No person shall have, keep or operate any boat, float, raft, or watercraft in or upon any lake, within the limits of any park property, or 'launch the same at any point upon the shores thereof bordering upon any park property, except at places set apart for such purposes by the parks and recreation department and so designated by signs . Sec . 4 . 06 .160 . Restricted areas . In the interests of safe navigation, life safety and the protection of property, the city may designate restricted areas and the purpose for which same shall be used on any lake authorized for watercraft use . No person shall operate a n watercraft within a restricted area; provided, . that this section �! shall not apply to watercraft engaged in or accompanying the I j activity to which the area is restricted, nor to patrol or rescue I craft or in the case of an emergency. n I' I 9 i I!i i I Sec. 4 . 06 .170 . Swimming. j; Swimming in the waters of the City shall be confined I to : I A. Restricted swimming areas, or 1 '. B. To within a distance of fifty feet from the shore, l or a pier except when the swimmer is accompanied by a watercraft j relative to water skiing or related watercraft activities . u I Sec . 4 . 06 .180 . Skin diving. Skin diving shall be prohibited in all lakes in the I 'I City .except as necessary for public employees and their agents or i other authorized personnel to perform their duties or in the case of an emergency. kk Sec. 4 . 06 .190 . Water skiing. Water skiing is prohibited on all City lakes in the i City except for Lake Meridian which shall be regulated as I follows : A. No watercraft which has in tow a person on water H skis, tube, surfboard or similar contrivance shall be operated or i propelled in the waters of the City unless such watercraft is occupied by at least two competent persons . kB . It is unlawful to water ski within one hundred i I+ yards of shore . Water skiers may start at and return to shore by I means of the most expeditious route . For purposes of starting at V �! 10 i ii I' i I . i 'I I� I'I and returning to shore, water skiers may temporarily exceed the ,i I speed limit of eight miles per hour. C. No operator of a watercraft shall have in tow a ;i jj person on water skis, tube, surfboard or similar contrivance from i sunset to sunrise- D. All persons being towed by watercraft shall wear an adequate flotation device . E . All watercraft having in tow or otherwise assisting a person on water skis, tubes, surfboards or similar contrivance shall comply with Sections 4 . 06 . 040 , 4 . 06 . 050 and i 4 . 06 . 060 . F. Regulations stated in subsections A and D of this section shall not apply to watercraft used in water ski tournaments, competitions, expositions, or trials therefore, which have been duly authorized by the City. Sec . 4 . 06 .200 . Lake Fenwick - Motor-powered watercraft prohibited - Exception. It is unlawful to use or operate any watercraft with i motor power on 'Lake Fenwick, except electric fishing trolling motors, and except as necessary for public employees and their agents or construction company employees to perform their authorized duties or in case of an emergency. i; I i �j 11 I' I,I ,I II I Sec. 4 . 06 .210 . Lake Meridian - Motor powered watercraft ifrestrictions . The following rules and regulations are adopted for the j� use of motor-powered watercraft on Lake Meridian: A. It is unlawful to use or operate any watercraft 1powered by motor power on Lake Meridian, except that watercraft j with the following engines will be permitted: j �I 1 . Water-cooled outboard engines of stock manufacture or stock manufactured inboard engines with outboard drive units (inboard - outboards) which vent all exhaust gases through the lower drive unit in conjunction with cooling water and/or vent at a point on the drive unit which is under water at all times ; or watercooled direct drive inboard engines equipped with a muffler or silencer of sufficient size and capacity, to effectively muffle and reduce noise . This includes both propeller and jet propulsion watercraft . i 2 . Air-cooled outboard or inboard engines of I stock manufacture rated by the manufacturer at ten horsepower or I !I less . if 3 . Electric fishing trolling motors . It is unlawful to operate any watercraft powered i by engines which are worn, damaged or modified in such a manner I as to permit the noise level of exhaust gases or air intake j; devices to be increased above seventy-four decibels on the dB (A) :f ' scale is prohibited. it I� 12 i .I i I! i I I; C. Water skiers are prohibited from starting or stopping within 200 feet of the City-owned shoreline of Lake Meridian Park which includes the swimming beach and boat launching areas of the park. D. Water skiing will be limited to the hours of 9 : 00 a .m. to 6 : 00 p .m. E . No watercraft shall operate in excess of eight miles per hour after 6 : 00 p .m. until the hour of 9 : 00 a .m. and not . in excess of thirty-five miles per hour from 9 : 00 a.m. to 6 : 00 .m. p i F. Watercraft exceeding speeds of eight miles per i hour shall remain at least two hundred feet from the shoreline and one hundred feet from other watercraft and swimmers and shall proceed around the lake in a counterclockwise direction. G. Craft towing persons on water skis, tubes, surfboards, or similar contrivance shall carry a competent observer in addition to the driver or operator. i H. All persons on water skis, tubes, surfboards or similar contrivance will wear a United States Coast Guard approved personal flotation device . !i I . All boats operating on Lake Meridian shall carry a United States Coast Guard approved life preserver or throwable cushion in good condition for each person in the craft . I I J. All persons in watercraft towing persons on water skis, tubes , surfboards , or similar contrivance will remain seated at all times . 13 I � i I� ii I I K. Motor-powered watercraft operating after sundown I shall be equipped with and have lit proper running lights . i I I L. Reckless operation as specified in Section I' 4 . 06 . 050, as amended. All watercraft shall be operated in a f proper manner and there shall be no stunting, burning doughnuts or squirreling allowed in order that the lives and property of others be protected. M. Negligent operation as specified in Section ! 4 . 06 . 040 as amended. i N. The anchorage or moorage of unoccupied watercraft is prohibited except when tied to a pier or dock with the permission of the owner of the pier or dock. O. No remote controlled watercraft powered by internal combustion engines shall operate before 9 : 00 a.m. or I after 6 : 00 p.m. P . Any violation of this section constitutes a misdemeanor as defined in this chapter. Q. Skin diving is prohibited except as ,necessary for i public employees and their agents or other authorized personnel it I to perform their duties or in the case of 'an emergency. 'I Ii Sec. 4 . 06 .220 . Equipment and numbering. ' I All watercraft shall carry the equipment required by any applicable United States laws as now or hereafter amended, and shall be numbered or designated in accordance with any applicable United States laws as now or hereafter amended. I 14 I! � Sec. 4 . 06 .230 . Life preservers and running lights . Federal regulations covering equipping of watercraft �I with life preservers for each passenger, and also use of running I� lights for night operation, shall be strictly complied with. ii I' Sec . 4 . 06 . 240 . Oil . No owner, operator or other person in charge of any watercraft, and no person along or upon the shore of the waters of the City, shall spill, throw, - pump or otherwise cause oil of any description to be or float upon the waters of the City. Any person causing oil to be upon the waters of the City as aforesaid shall remove the same and upon his or her failure to do so, the same may be removed by the City or other appropriate agency and the expense thereof shall be paid by and recoverable from the person causing said oil to be upon the water. The payment of such sum or the maintenance of an action therefore, shall -not be deemed to exempt such person from prosecution for causing such oil spillage . I' Sec . 4 . 06 .250 . Nuisances . Sunken watercraft, refuse of all kinds, structures or pieces of any structure, timber, logs, piles, boom sticks, !I lumber, boxes, empty containers and oil of any kind floating uncontrolled on the water, and all other substances or articles jj of a similar nature, are hereby declared to be public nuisances i and it is unlawful for any person to throw or place in, or cause i Ij 15 I it it i, II I I or permit to be thrown or placed, any of the above named articles i or substances in any lake in the City, or upon the shores thereof or in such position that same may or can be washed into said lakes of the City, either by storms, floods, or otherwise . Any i person causing or permitting said nuisances to be placed as aforesaid shall remove the same and upon his or her failure to do so, the same may be removed by the City or other appropriate agency and the- expense thereof shall be paid by and recoverable from the person creating said nuisance . In all cases such nuisances may be abated in the manner provided by law. The I abatement of any such public nuisances shall not excuse the person responsible therefore from prosecution hereunder. Sec . 4 . 06 .260 . Public health. All watercraft entering or in any lake in the City shall comply with the applicable public health laws and i regulations of the United States, the state of Washington and its political subdivisions . i i Sec. 4 . 06 . 270 . Liability for damages . Nothing in this chapter shall be construed so as to release any person owning or controlling any watercraft, pier, II' obstruction or other structure, from any liability for damages, l and the safeguards to life and property required in this chapter shall not be construed as relieving any person from installing I, and maintaining all other safeguards that may be required by law. 16 i it I j I II II Sec . 4 . 06 .280 . Authorized emergency and patrol watercraft. The provisions of this chapter shall be applicable to the operation of any and all watercraft on any lake in the City except that they shall not apply to any emergency and patrol watercraft performing the authorized duties for which such emergency and patrol watercraft were established. Sec . 4 . 06 .290 . Directing traffic, emergency powers . .The police are hereby authorized to direct all watercraft traffic either in person or by means of visible or audible signal in conformance with the provisions of this chapter; provided, that where necessary to expedite watercraft traffic, or to prevent or eliminate congestion or to safeguard persons or property, such officers and other authorized officers of appropriate governmental agencies or authorities, may direct watercraft traffic as conditions may require, notwithstanding the provisions of this chapter. Sec . 4 . 06 .300 . Penalties . A. Civil Penalty. Except as provided in Subsection B, a violation of any of the provisions of this chapter shall constitute a civil violation for which a monetary penalty may be assessed in the amount of two-hundred-fifty dollars ($250 . 00) . Each separate day, or portion thereof, during which any violation is occurs shall constitute a separate violation . I I 17 1 i, i I' B . Misdemeanor. Any violation of any provision established in this chapter as a misdemeanor shall constitute a misdemeanor punishable by a fine not to exceed five thousand dollars ($5, 000 . 00) or by imprisonment not to exceed one year, or by both such fine and imprisonment . Each separate day or portion thereof during which such violation occurs shall constitute a separate violation. Sec . 4 . 06 .310 . Authority of officers to board watercraft Commissioned officers of the City are hereby given the authority to board any watercraft found underway on any lake of the City for the purpose of inspection and enforcement of this chapter. Sec. 4 . 06 .320 . Interlocal cooperation. Nothing in this chapter shall preclude the City from entering into interlocal agreements with cities and towns for the administration and enforcement of this chapter. Sec . 4 . 06 . 330 . Enforcement. It shall be the duty of the police department to enforce all sections of this chapter. SECTION 2. Sever ability. 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 18 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 January, 1, 1996, a date more than 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 day of 1995 . APPROVED day of 1995 . _. 19 PUBLISHED day of 1995 . I hereby certify that this is a true copy -of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK boatreg.ord - 20 Kent City Council Meeting Date November 1. 1995 Category Consent Calendar 1. SUBJECT: WEST HILL PLAZA REZONE RZ-95-2 2 . SUMMARY STATEMENT: Authorization to set November 21, 1995, as the date for a public meeting to consider the Hearing Examiner's recommendation of approval for a rezone application (RZ-95-2) by Harmit S. Lamba. The property is located at 24606 - 24700 Military Road S. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO y YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3M 1 1 Kent City Council Meeting n Date November 1. 1995 �eml0-//, ) Category Consent Calendar 1. SUBJECT: COUNCIL ABSENCE t 2 . SUMMARY STATEMENT: Councilmember Paul Mann has requested an excused absence from the November 7, 1995, City Council meeting, as he will be unable to attend. 3 . EXHIBITS: Memorandum from Councilmember Mann 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember. seconds DISCUSSION• ACTION: Council Agenda Item No. 3N MEMORANDUM TO: JIM WHITE, MAYOR CITY COUNCIL MEMBERS FROM: PAUL MANN, COUNCILMEMBER DATE: OCTOBER 31, 1995 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the November 7, 1995 City Council meeting . I will be unable to attend. Thank you for your consideration. PM.jb Kent City Council Meeting Date November "}. 1995 Category Other Business �v 1. SUBJECT: LID 346 BOND SALE `1 S 2 . SUMMARY STATEMENT: At their October 25, 1995 eting, the Operations Committee recommended adoption of a Bo d Ordinance and authorization for the Mayor to sign a purcha a contract in the amount of $518, 162 for LID 346 bonds. The and proceeds will be used to provide long-term financing for completed capital improvements, which consists of constructing sidewalks, street lighting and minor sewer improvements on South 212th Street between SR 167 and the Green River. The final assessment roll for the LID has been adopted and the 30-day prepayment period has elapsed. Lehman Brothers will purchase bonds at a 2 percent discount from the City resulting in a gross underwriting spread of $20 per thousand dollar bond. This results in an average coupon of 5. 00 percent and an assessment to property owners of 5. 50 percent. The Finance ni rar-+-o= and Dick King of - chnrt prPca;} 3 . EXHIBITS: Lehman Brothers pricing information, bond ordinance, and purchase contract 4 . RECOMMENDED BY:Finance Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Bond dinance No. authorizing the Mayor to sign a purchase contract with Lehman Brothers for LID 346 bonds. DISCUSSION: nn ACTION• Council Agenda Item No. 4A ^95 -ram:=, LE1,r9HrI nPOTHEFS SEATTLE - CIT'( F I<E IT EHNLAN BROTHERS MEMORANDUM To: May Miller FROM: Richard B. KingQJ� i DATz: October 31, 1995 SUBJECT: LID No. 346 Proposed Pricing Key I have received input from our underwriters, and I have spokinteren to rates underwriters ndtor rwrite s at LID Ban and SeaFirst to get their thoughts on the appropriate According to Jim Nelson, his firm likely will not be in our selling group. Candidly, both of the banks would prefer this outcome, since it will provide each with additional bonds! The re- offering yields listed below assume we will purchase bonds at a 2% discount from the City, which John Hillman seemed to think would be acceptable. Your final assessment roll typically includes money for issuance costs, so this approach should work. We will be able to offer bonds to prospective investors at a price of par, or 100% of their face value. Preliminary Re-Offering Yields Maturity Yield Maturity Yield 1996 4.00% 2001 5.00% 1997 4.2'5 2002 5.10 1998 4.50 2003 5.20 �_l 1999 4:70 , 2004 530 1— 2005 5.40 L. 2000 The average interest rate with this scale of re-offering yields is 5.00%, which would provide an assessment rate of 5.50%. With regard to our proposed underwriting discount, we would suggest 2.0%, or $10,363. The largest component of the discount is the takedown, which represents the sales commissions paid to the salespersons marketing the issue. Measured as a percentage of the principal amount, a larger issue would have a smaller underwriting discount. I look forward to answering any questions you may have. Finally, and most importantly, Happy Halloween. CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE relating to Local Improvement District No. 346; fixing the amount, form, date, interest rates, maturity and denominations of the Local Improvement District No. 346 Bonds; providing for the sale and delivery thereof to Lehman Brothers Inc. in Seattle, Washington; and fixing the interest rate on Local Improvement District No. 346 assessment installments. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES ORDAIN as follows: Section 1. Authorization and Description of Bonds. The total amount of the assessment roll in Local Improvement District No. 346 (the "District") in the City of Kent, Washington (the "City") , created under Ordinance No. 3186, passed October 4, 1994, was $674 , 120. The 30-day period for making cash payments of assessments without interest in the District expired on June 4, 1995, and the total amount of assessments paid in cash was $155, 958, leaving a balance of assessments unpaid on the assessment roll in the sum of $518, 162 . Local Improvement District No. 346 Bonds (the "Bonds") shall, therefore, be issued in the total principal sum of $518, 162 . The Bonds shall be dated November 1, 1995, shall mature on November 1, 2007, and shall be numbered from 1 to 103 , inclusive, in the manner and with any additional designation as the Bond Registrar (collectively, the fiscal agencies of the State of Washington located in Seattle, Washington, and New York, New York) deems necessary for the purpose of identification. Bond No. 1 shall be in the denomination of $8, 162 0207832.01 - and Bonds Nos. 2 to 103 , inclusive, shall be in the denomination of $5, 000. 00 each. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. The Bonds shall bear interest, payable annually on November 1 of each year beginning November 1, 1996, in accordance with the following schedule: Bond Numbers Interest (inclusive) Amounts Rates - 1 to 11 $58 , 162 12 to 23 60, 000 24 to 36 65, 000 37 to 49 65 , 000 50 to 62 65, 000 63 to 71 45 , 000 72 to 79 40, 000 80 to 87 40, 000 88 to 95 40, 000 96 to 103 40, 000 Section 2 . Registration and Transfer of Bonds. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on books or records maintained by the'Bond Registrar (the "Bond Register") . Such Bond Register shall contain the name and mailing address of the owner of each Bond and the principal amount and number of each of the Bonds held by each owner. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. The transfer of a Bond shall be by the Bond Registrar's. receiving the Bond to be transferred, cancelling it and issuing a new certificate in the form of the Bonds to the transferee after registering the name and address of the transferee on the Bond Register. The new certificate shall bear the same Bond number as the transferred Bond but may have a different inventory reference number or control 0207832.01 -2- number. Any transfer shall be without cost to the owner or transferee. The Bond Registrar shall not be obligated to transfer F any Bond during the 15 days preceding any principal payment or redemption date. Section 3 . Payment of Bonds. Both principal of and interest on the Bonds shall be payable solely out of the Local Improvement Fund, District No. 346 (the "Bond Fund") , and from. the Local Improvement Guaranty Fund of the City, and shall be payable in lawful money of the United States of America. Interest on the Bonds shall be paid by check or draft mailed to the registered owners on the interest payment date at the addresses appearing on the Bond Register on the 15th day of the month preceding the interest payment date. Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the registered owners at either of the principal offices of the Bond Registrar, at the option of the owners. Section 4 . Redemption Provisions. The City reserves the right to redeem the Bonds prior to their stated maturity on any interest payment date, in numerical order, lowest numbers first, at par plus accrued interest to the date fixed for redemption, whenever there shall be sufficient money in the Bond Fund to pay the Bonds so called and all earlier numbered Bonds over and above the amount required for the payment of the interest payable on that interest payment date on all unpaid Bonds. All Bonds redeemed under this section shall be canceled. Section 5 . Notice of Redemption. The City shall cause notice of any intended redemption of Bonds to be given not less than 10 0207832.01 -3- nor more than 30 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so, provided, whether or not it is actually received by the owner of any Bond. Interest on Bonds called. for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds called are not redeemed when presented pursuant to the call . In addition, the redemption notice shall be mailed within the same period, postage prepaid, to Lehman Brothers Inc. at its principal office in Seattle, Washington, or its successor, and to such other persons and with such additional information as the City Finance Division Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds. Section 6 . Failure to Redeem Bonds. If any Bond is not redeemed when properly presented at its maturity or call date, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or call date until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the registered owner of each of those unpaid Bonds. Section 7. Form and Execution of Bonds. The Bonds shall be printed, lithographed or typed on good bond paper in a form consistent with the provisions of this ordinance and state law, 0207832.01 -4- shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. Only Bonds bearing a Certificate of Authentication in the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: CERTIFICATE OF AUTHENTICATION This Bond is one of the fully registered City of Kent, Washington, Local Improvement District No. 346 Bonds described in the Bond Ordinance. Washington State Fiscal Agency Bond Registrar By Authorized Signer The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. If any officer whose facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her facsimile signature are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing 0207832.01 -5- of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the date of issuance of the Bond. Section 8 . Bond Registrar. The Bond Registrar shall keep, or cause to be kept, at its principal corporate trust office, sufficient books for the registration and transfer of the Bonds which shall be open to inspection by the City at all times. The Bond . Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and City Ordinance No. 2418 establishing a system of registration for the City's bonds and obligations. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificates of Authentication on the Bonds. The Bond Registrar may become the owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Bond owners. Section 9 . Bonds Negotiable. The Bonds shall be negotiable instruments to the extent provided by RCW 62A. 8-102 and 62A. 8-105 . Section 10. Preservation of Tax Exemption for Interest on Bonds. The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross 0207832.01 -6- income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirement of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code") , is applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with that requirement in connection with the Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bonds from being included in gross income for federal income tax purposes. The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. Section 11. Use of Bond Proceeds. The accrued interest on the Bonds received from the Bond purchaser shall be used to pay debt service on the Bonds on the first interest payment date. The principal proceeds of the Bonds shall be used to pay costs of completed construction of the improvements in the District and to pay the costs of issuance of the Bonds. Until needed to pay those costs, the City may invest principal proceeds temporarily in any legal investment, and the investment earnings may be retained in the Bond Fund and be spent for the purposes of that fund, and 0207932.01 -7- earnings subject to a federal tax or rebate requirement may be used for those tax or rebate purposes. Section 12 . Approval of Bond Purchase Contract. Lehman Brothers Inc. of Seattle, Washington, has presented a purchase contract (the "Bond Purchase Contract") to the City offering to purchase the Bonds under the terms and conditions provided in the Bond Purchase Contract, which written Bond Purchase Contract is on file with the City Clerk and is incorporated herein by this reference. The City Council finds that entering into the Bond Purchase Contract is in the City's best interest and therefore accepts the offer contained therein and authorizes its execution by City officials . The Bonds will be printed at City expense and will be delivered to the purchaser in accordance with the Bond Purchase Contract, with the approving legal opinion of Foster Pepper & Shefelman, municipal bond counsel of Seattle, Washington, regarding the Bonds printed on each definitive Bond. Except as provided in the Bond Purchase Contract, bond counsel shall not be required to review and shall express no opinion concerning the completeness or accuracy of any official statement, offering circular or other sales or disclosure material issued or used in connection with the Bonds, and bond counsdl's opinion shall so state. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bonds to the purchaser, including without limitation the execution of the Official Statement on behalf of the City, and for the proper application and use of the proceeds of the sale thereof. o2mas2.oi -8- Section 13 . Temporary Bond. Pending the printing, execution and delivery to the purchaser of definitive Bonds, the City may cause to be executed and delivered to the purchaser a single temporary Bond in the total principal amount of the Bonds. The temporary Bond shall bear the same date of issuance, interest rates, principal payment dates and terms and covenants as the definitive Bonds, shall be issued as a fully registered Bond in the name of the purchaser, and otherwise shall be in a form acceptable to the purchaser. The temporary Bond shall be exchanged for definitive Bonds as soon as they are printed, executed and available for delivery. Section 14 . Fixing Interest Rate on Assessments. The interest rate on the installments and delinquent payments of the special assessments in the District is revised and fixed at the rate of % per annum. Section 15. Effective Date of Ordinance. This ordinance shall take effect and be in force five (5) days from and after its 0207832.01 -9- passage and five (5) days following its publication as required by law. By JIM WHITE, Mayor ATTEST: BRENDA JACOBER, City Clerk APPROVED AS TO FORM: Special Counsel and Bond Counsel for the City Passed the day of , 1995 . Approved the day of 1995. Published the day of , 1995. I certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and F approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, City Clerk 0207832.01 -10- $5189162 CITY OF KENT,WASHINGTON LOCAL IMTROVEMENT DISTRICT NO. 346 BONDS BOND PURCHASE AGREEMENT November 7, 1995 City of Kent 220 Fourth Avenue South Kent, Washington 98032 Ladies and Gentlemen: The undersigned (the "Underwriter") hereby offers to enter into this Bond Purchase Agreement (the Bond Purchase Agreement") with the City of Kent, Washington(the "City"), which upon the City's acceptance hereof will be binding upon the City and the Underwriter. This offer is made subject to the City's acceptance by execution of this Bond Purchase Agreement and its delivery to the Underwriter on or before 11:59 P.M., Pacific Standard Time, November 7, 1995, and, if not so accepted, will be subject to withdrawal by the Underwriter upon notice delivered by the Underwriter to the City at any time prior to the acceptance hereof by the City. All capitalized terms not otherwise defined herein shall be as defined in Ordinance No. , adopted by the City Council on November 7, 1995 (the "Ordinance") and the Official Statement (as hereafter defined). 1. Purchase and Sale. Subject to the terms and conditions and upon the basis of the representations, warranties and agreements hereinafter set forth, the Underwriter hereby agrees to purchase from the City for offering to the public, and the City hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of the City's $518,162 Local Improvement District No. 346 Bonds (the "Bonds"). The Bonds shall be dated November 1, 1995; shall mature on November 1, 2007.; shall be issued in fully registered form; shall be in the denomination of $5,000 each (except Bond No. 1, which shall be in the denomination of $8,162); shall be numbered consecutively from 1 through 103; shall bear interest at the rates set forth in Exhibit A attached hereto, such interest being payable on November 1, 1995, and annually thereafter on each November 1 to the date such Bonds mature or are redeemed; and shall be subject to redemption in numerical order (lowest numbers first), on any interest payment date, at the price of par plus accrued interest, if any, to the date fixed for redemption, in such amounts as the Finance Division Director has money in the Bond Fund over and above amounts required to pay currently maturing installments of interest on the Bonds. The aggregate purchase price of the Bonds shall be the purchase RBF.'"53040.025 price set forth in Exhibit A hereto, plus interest accrued (as described in Exhibit A) on the Bonds from their date to the Closing Date (as hereinafter defined). 2. The Official Statement and Authorizing Instruments. The Bonds shall be otherwise as described in the Official Statement of the City, dated the date hereof, relating to the Bonds, which, together with all appendices thereto, and with such changes therein and supplements thereto that are consented to in writing by the Underwriter, is herein called the "Official Statement," and shall be issued and secured under the Ordinance. The City authorizes the use of the Official Statement in connection with the public offering and sale of the Bonds. The City also approves the use by the Underwriter, before the date hereof, of the preliminary Official Statement, dated October 27, 1995, relating to the Bonds, which together with the appendices attached thereto, is herein referred to as the "Preliminary Official Statement," in connection with the public offering of the Bonds. Promptly after the acceptance hereof by the City, the City shall cause to be delivered to the Underwriter copies of the final Official Statement (together with the appendices attached thereto) dated the date hereof. The City hereby authorizes the Underwriter, and the Underwriter agrees at its own expense, to file one copy of the Official Statement, together with any supplement or amendment thereto, with at least one of the nationally recognized municipal securities information repositories designated by the Securities and Exchange Commission and two copies of the Official Statement (with any required forms) to the Municipal Securities Rulemaking Board ("MSRB") or its designee pursuant to MSRB Rule G-36 no later than ten business days following the date hereof. 3. Public Offering. The Underwriter agrees to make a bona fide public offering of all the Bonds initially at the public offering prices (or yields) set forth on the cover page of the Official Statement, provided that the initial public offering prices (or yields) may be changed, from time to time, by the Underwriter as it deems necessary in connection with the marketing of the Bonds. 4. Representations, Covenants and Warranties. The City represents, covenants and warrants to the Underwriter that: (a) The Ordinance and this Bond Purchase Agreement are legal, valid and binding special obligations of the City enforceable against the City in accordance with their terms except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights or contractual obligations generally and by the exercise of judicial discretion in appropriate cases and no authorization or approval is required for the execution and delivery of the Ordinance or this Bond Purchase Agreement by the City, except such authorizations or approvals 2 as shall have been obtained at or prior to the Closing, copies of which shall be delivered to the Underwriter at the Closing. (b) Except for the omission of such information that is dependent upon the final pricing of the Bonds for completion, the Preliminary Official Statement was, as of its date, true and correct in all material respects and did not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements and information therein contained, in light of the circumstances under which they were made, not misleading. (c) The Official Statement is and at all times subsequent hereto up to and including the Closing Date will be, true and correct in all material respects and does not and will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements and information therein contained, in light of the circumstances under which they were made, not misleading. (d) The City has duly authorized and approved the execution of the Official Statement by the Mayor or his designee, including any amendments thereto under the terms of this Bond Purchase Agreement. (e) The City covenants and agrees to cause sufficient quantities of the Official Statement to be delivered to the Underwriter to enable the Underwriter to comply with the requirements of MSRB Rule G-32, without charge, within seven business days of the date hereof and, if the Closing Date is less than seven business days after the date hereof, upon request of the Underwriter, in sufficient time to accompany any confirmation requesting payment from any customers of the Underwriter. (f) The City further covenants and agrees that if, after the date hereof and until 25 days after the Closing Date, any event shall occur as a result of which it is necessary to amend or supplement the Official Statement to make the statements therein, in the light of the circumstances under which they were made when the Official Statement is delivered to a purchaser, not misleading, or if it is necessary to amend or supplement the Official Statement to comply with law, the City shall notify the Underwriter and provide the Underwriter with such information as it may from time to time request, and to forthwith prepare and furnish, at its own expense (in a form and manner approved by the Underwriter), a reasonable number of copies of either amendments or supplements to the Official Statement so that the statements in the Official Statement as so amended and supplemented will not, in light of the circumstances under which they were made when the Official Statement is delivered to a purchaser, be misleading or so that the Official Statement will comply with applicable law. (g) The City will advise the Underwriter promptly of the institution of any proceedings known to it by any governmental agency prohibiting or otherwise affecting the use of the Official Statement in connection with the offering, sale or distribution of the Bonds. (h) When delivered to The Depository Trust Company ("DTC") for the account of the Underwriter and paid for in full in accordance with the terms of this Bond Purchase Agreement, the Bonds (i) will have been duly authorized, executed, issued and delivered by the City, and (ii) will constitute valid, legally binding special obligations of the City except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights or contractual obligations generally to the extent constitutionally applicable and by the exercise of judicial discretion in appropriate cases. (i) As of the time of acceptance hereof and as of the Closing, and except as disclosed in the Official Statement, to the knowledge of the City, no litigation is pending or is threatened in any court that (i) seeks to restrain or enjoin the issuance, sale or delivery of any of the Bonds, (ii) contests or affects the validity of the Bonds, the Ordinance, this Bond Purchase Agreement, the special assessments levied against property in Local Improvement District No. 346, the City's pledge of such special assessments to the payment of the Bonds, the City's Local Improvement Guaranty Fund or the City's pledge of such fund to the payment of the Bonds, (iii) contests in any way, the completeness, accuracy or fairness of the Official Statement, or (iv) in any material respect might affect adversely the transactions contemplated herein, in the Ordinance or in the Official Statement. 0) The City will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter as they may reasonably request to qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate, except the City shall not be required in connection therewith or as a condition thereof to execute a general consent to service of process or to qualify to do business as a foreign corporation in any state. 5. The Closing. At 8:00 A.M., Pacific Standard Time, on November 21, 1995, or at such other time or on such earlier or later business day as shall have been mutually agreed upon by the City and the Underwriter (the "Closing Date"), the City will deliver to the Underwriter the Bonds, duly executed and authenticated, through the facilities of DTC in New York, New York or such other place to be mutually agreed upon by the City and the Underwriter, and shall deliver to the Underwriter the documents mentioned in Section 6 hereof, at such place in Seattle, Washington, as may 4 be mutually agreed upon by the City and the Underwriter. The Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof by certified check or by wire in immediately available federal funds. The payment and delivery of the Bonds, together with the delivery of the aforementioned documents, is herein called the "Closing". The Bonds shall be made available to the Underwriter at the offices of DTC at least one business day before the Closing for purposes of inspection, and are to be left with DTC for safekeeping until release at Closing. The Underwriter acknowledges that .the City is to have no responsibility for such safekeeping of the Bonds. 6. Closing Conditions. The Underwriter has entered into this Bond Purchase Agreement in reliance upon the representations and warranties herein and the performance by the City of its obligations hereunder, both as of the date hereof and as of the Closing Date. The Underwriter's obligations under this Bond Purchase Agreement are and shall be subject to the performance by the City of its obligations to be performed hereunder and under the documents mentioned in this Section 6, at or prior to the Closing, and also shall be subject to the following conditions: (a) The representations and warranties of the City contained herein shall be true, complete and correct in all material respects at the date hereof and on the Closing Date, as if made on and as of the Closing Date. (b) At or prior to the Closing, the Underwriter shall receive three copies of the final Official Statement manually executed on behalf of the City by the'Mayor; provided, that as promptly as practicable after the Closing Date, such reasonable number of certified or conformed copies of the foregoing as the Underwriter may request. (c) At or prior to the Closing, the Underwriter shall receive a copy of the Ordinance certified by the City Clerk as being a true copy thereof. (d) At or prior to the Closing, the Underwriter shall receive a certificate from the City's Finance Division Director stating that the Official Statement was, as of its date, true and correct in all material respects and did not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements and information therein contained, in light of the circumstances under which they were made, not misleading. (e) At or prior to the Closing, the Underwriter shall receive the approving opinion of Foster Pepper & Shefelman, Bond Counsel to the City, as to the Bonds, dated the Closing Date and substantially in the form included in the Official Statement as Appendix A, and an opinion, dated the Closing Date and addressed to the Underwriter, of Perkins Coie, counsel to the Underwriter, in a form acceptable to the Underwriter. 5 (f) At or prior to the Closing, the Underwriter shall receive such additional certificates, instruments and other documents as the Underwriter may reasonably deem necessary to evidence the truth and accuracy as of the time of the Closing of the representations of the City and the due performance or satisfaction by the City at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the City. 7. Termination of Contract. In recognition of the desire of the City and the Underwriter to effect a successful public offering-of the Bonds, the Underwriter shall have the absolute right to terminate this Bond Purchase Agreement by notification to the City if at any time at or prior to the Closing an event occurs that, in the reasonable judgment of the Underwriter, materially and adversely affects (i) the market price or marketability of the Bonds or (ii) the ability of the Underwriter to enforce contracts for sale of the Bonds. If the City is unable to satisfy the conditions contained in this Bond Purchase Agreement or if the obligations of the Underwriter shall be terminated for any reason permitted by this Bond Purchase Agreement, this Bond Purchase Agreement shall terminate and neither the Underwriter nor the City shall be under a further obligation hereunder, except as set forth in Section 8 hereof. 8. Expenses. The City shall pay or cause to be paid from the proceeds of the Bonds or other funds of the City available to it, the expenses incident to the performance of its obligations hereunder, including, but not limited to: (a) the fees and disbursements of the Bond Registrar in connection with the issuance of the Bonds; (b) the fees and disbursements of Bond Counsel and any other experts or consultants retained by the City in connection with the transactions contemplated hereby; and (c) the cost of printing the Preliminary Official Statement and the final Official Statement. The Underwriter shall pay the cost of delivering the purchase price of the Bonds in immediately available federal funds and all other expenses it incurs in connection with their public offering and distribution of the Bonds, including the fees and disbursements of its counsel. 9. Notice. Any notice or other communication to be given to the City under this Bond Purchase Agreement may be given by delivering the same in writing to the City, 220 Fourth Avenue South, Kent, Washington 98032, Attention: Finance Division Director with a copy to the City Attorney, and any notice or other communication to be given to the Underwriter under this Bond Purchase Agreement may be given by delivering the same in writing to Richard B. King, Senior Vice President, Lehman Brothers, 701 Fifth Avenue, Suite 7101, Seattle, Washington 98104. 10. Entire Agreement. This Bond Purchase Agreement shall constitute.the entire agreement between the City and the Underwriter and is made solely for the benefit of the City and the Underwriter (including the successors or assigns of the 6 Underwriter). This Bond Purchase Agreement shall become effective when accepted by the City in writing as heretofore specified, shall constitute the entire agreement between the City and the Underwriter and may not be amended or modified except in writing. No other person shall acquire or have any right hereunder by virtue hereof. All the City's representations, warranties and agreements in this Bond Purchase Agreement shall remain operative and in full force and effect, regardless of (a) any investigation made by or on behalf of the Underwriter, (b) delivery of and payment for the Bonds hereunder, and (c) any termination of this Bond Purchase Agreement. LEFDAAN BROTHERS INC. Richard B. King Senior Vice President Accepted and agreed to as of the date first above written: CITY OF KENT King County, Washington Jim White, Mayor ATTEST: Brenda Jacober, Clerk ( SEAL ) 7 Exhibit A DESCRIPTION OF CERTAIN TERMS OF THE BONDS Principal Amount: $518,162.00 less original issue discount: less underwriter's discount: Purchase Price: *plus accrued interest from November 1, 1995 to the Closing Date. Bond Numbers, Interest Rates, Yields and Prices: Interest Bond Nos. Principal Amount Rate Yield Price 1-11 $58,162 12-23 60,000 24-36 6500 37-49 652000 50-62 65,000 63-71 455000 72-79 40,000 80-87 407000 88-95 401000 96-103 4%000 A-1 ViN Kent City Council Meeting Date November � . 1995 Category Other Business 1. SUBJECT: TOP OF THE HILL FINAL PLAT FSU-94-2 2 . SUMMARY STATEMENT: This date has been set to consider an application for the Top of the Hill Final Plat. The subject project is 8.74 acres in size and is located on the north side of SE 244th Street, approximately 600 feet west of 104th Avenue SE. The Council approved the Top of the Hill Preliminary Plat on September 20, 1994. 3 . EXHIBITS: Staff memo, map, and City Council minutes of September 20, 1994 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve Staff' s recommendation of approval for the Top of the Hill Final Plat with 18 conditions, and to authorize the Mayor to sign the final plat mylar. DISCUSSION• ACTION• Council Agenda Item No. 4B —r CITY OF �y' S� '! CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 Jim White, Mayor MEMORANDUM November 2, 1995 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: TOP OF THE HILL FINAL PLAT #FSU-94-2 On September 20, 1994 the City Council approved the,Top of the Hill Preliminary Subdivision SU-94-2, a 42-lot single family residential plat. The site is approximately 8.74 acres in size and is located on the north side of SE 244th Street, approximately 600 feet west of 104th Avenue SE. The property is presently zoned R1-5.0, Single Family Residentail, on seven and a quarter acres, and a 5,000 square foot minimum lot size on the remaining 1 .49 acres is zoned R1-7.2, Single Family Residential, with a 7,200 square foot minimum lot size. Eighteen(18) conditions were part of the Council's approval. The applicant has now complied with these conditions as listed below and has made an application for a final plat. Staff recommends approval of this application. A. PRIOR TO OR IN CONJUNCTION WITH RECORDATION OF FINAL PLAT: 1 . The subdivider shall execute an environmental mitigation agreement to participate in, and pay a fair share of the construction costs of the City's South 272nd/277th Street Corridor Project. The minimum benefit to the subdivider is estimated at $54,468 based upon $2,136 per PM peak hour trip for the 12 new PM peak hour trips entering and exiting the site under the neW zoning; and upon $1 ,068 per PM peak hour trip for the 27 trips entering and exiting the site under the existing R1 -7.2 zoning; and the capacity of the South 272nd/South 277th Street Corridor. 2. The subdivider shall deed to the City of Kent all of the right-of-way necessary for the construction of the plat street to City standards for a Residential Street; including a minimum 49' right-of-way along the roadway. 3. The subdivider shall acquire, and grant to the City of Kent, all right-of- way necessary to construct a pair of 35' radius curb returns, with 5' sidewalks and utility strips, at the intersection of the Road "A" (102nd Place SE) and Southeast 244th Street. "0=ih 4AF,. O Kr?r ACAtil li.m ON O'No I"itio , IEl Top of the Hill Final Plat #FSU-94-2 November 2, 1995 Page 2 4. The subdivider shall execute a traffic signal participation covenant for the future construction of a traffic signal system at S. 244th Street at 104th Avenue SE. 5. Provide approved engineering plans and either construct or bond for the following: A. The public street, storm drainage, water and sanitary sewer facilities which serve all lots in this plat; including a 32' wide paved roadway; concrete curbs and gutters; 5' wide concrete sidewalks along both sides of the plat street; street lighting; landscaping; storm drainage; street channelization; utilities and appurtenances. The plan shall show clearly how stormwater runoff will be controlled from all properties in a manner that will not adversely impact off-site properties. B. Widen and improve Southeast 244th Street across the entire subdivision frontage (including the 3 existing homes, Lots 2 and 42, and Storm Water Detention Tract "D"). This improvement shall include an 18-foot-wide half street improvement on the northerly side of Southeast 244th; including and engineered pavement section; concrete curbs and gutters; 5-foot-wide concrete sidewalk; street lighting; landscaping; storm drainage; -street channelization; utilities and appurtenances. These improvements shall also include sufficient pavement on the southdrly side of the roadway centerline to provide a minimum 24- foot wide roadway across the entire frontage of the subdivision; and necessary pavement transitions to the existing portion of Southeast 244th Street to the west of the subdivision. In addition the subdivider shall install "No Parking" signs across the entire subdivision frontage on Southeast 244th Street. C. Provide gravity sanitary sewer to serve all lots and extend the system as necessary to allow future extensions that will serve upgradient properties. D. Provide a public water system which meets domestic and fire flow requirements for all lots. 2 Top of the Hill Final Plat #FSU-94-2 November 2, 1995 Page 3 ;rome+eRt—pant eR the southerly side of the—feadv'�ay tFans4:ens to the e .-tiRg peFtteRef Se utheast Zit nth 91re ,t to the west ef the subdivisi.-H. in . dditie the subdivider shall+estall "NE) ParlEing" E. Widen and reconstruct Southeast 244th Street between the easterly subdivision boundary and 104th Avenue SE, and all storm drainage which will serve this plat; including: a minimum 24-foot- wide roadway, paved with an engineered pavement section designed appropriately for a residential collector street; 5-foot- wide graded gravel shoulders along the northerly side of Southeast 244th Street; storm drainage; street channelization; utilities and appurtenances. F. Provide a minimum 6-foot-wide gravel walkway along: 1 . The northerly side of Southeast 244th Street; between the westerly subdivision boundary and 100th Avenue SE; and 2. The easterly side of 100th Avenue SE; between Southeast 244th Street and southerly terminus of the concrete sidewalk south of 240th Street. The l-. shall She I I, hew StGFFA.. ate. FuReff .,ill be ,eeRtFelled f.eFn all pFepeFtiesin a FAaRf9eF tha, will �net V L 6. The subdivider shall provide the necessary easements for all utilities-- public and private, and the right-of-way for the entire plat street. 7. Comply with all applicable SEPA conditions as denoted in #ENV-93-36. B. PRIOR TO THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT: 1 . Construct all the improvements noted in Section A above. If the subdivision is constructed in phases, then the details and extent of improvements required in Section A above shall be reviewed and agreed to by the City of Kent Engineering and Planning Departments in 3 Top of the Hill Final Plat #FSU-94-2 November 2, 1995 Page 4 accordance with applicable laws and regulations governing subdivisions." 2. A tree plan for the general site, including any areas which may be dedicated for additional right-of-way, showing all trees six inches in caliper or greater shall be submitted for approval to the Planning Department. 3. Dust generated. during construction activities on all lots shall be controlled by wetting dust sources such as areas of exposed soils, washing truck wheels before they leave the site; and installing and maintaining gravel construction entrances. Construction vehicle track out on public rights-of-way is a violation subject to fines from the Department of Ecology, the City of Kent, and/or the Puget Sound Air Pollution Control Authority. 4. Development on all lots shall protect solar access to properties to the north of each lot according to the calculations identified in the Kent Zoning Code Section 15.08.234. 5. Existing buildings on proposed lot lines must be removed or moved to conform to Uniform Building Code Table 5-A. MP/mp:su942fp.mem 4 S 89'18'22" E 606.07 IU5 30 72 41 55.60' 556D 55.60' 55 GO' 51,33 fG�9 N G7 I+1'.❑1' \ CJ TTRAC {m w \J� 111(nPEN n w Viz' 21 20 19 0 18 a P 17 16 15 14 /Y - 22 C19 111E 55.60' 5560 55.60 5560 21.93 C16 13 �I N CID\L C15 +I 643 . SE 242ND PLACE I 77 zp, W C21 N 89'18'2Y' w 255.a9' - C14 /i� Ip N T11 G: 23 zs" iue c1i 1So_i wt C22 7S 36.07' 61.00' 61 OD 61.00 36.42' / 12 t CI CIf' CIJ N 89'21'33" W 95.04 C23 4aa N 89'w' 950: f'0 24 LU 34 s o- 35 0 36 0 37 0 38 r 11 0 Lu IQ z z z z I;^ I N 89'21'33'� w w� n w e 95A0' Q U N 89'10 H o o _j l N 66 00' 51 00' 61.00 61 00 65.25 .al 25 o 0- Im 62.3B' 5200' 87.84' S200 61.D,, N 89'17'4e w 10 -'� 9500' (n z v N 89'21'}3' W .T.- 1 .m W w w w o Z Ic 8000 0 33 " '� 32 "N TRACT 'A' N a91G-n: r (OPEN SPACE) 40 39 O 9500'- 0 1z z 9 26 .JL C' 11\ C24 N 7825.29' E 32.31 5200 97.84 . _ �. C_3 , C9 N-7 83.j1. C27 C25 Ca CB 99 89'1J'S9WSE 243RD STREET 27 25501 86 C29 12747 12754 '0. C7 8 C29 C6 1 -3 �0 C30 3740 4004' 4496' 32.6I' C5 C31 C2 5 � 28 i, w W z o a �" 7 f so, 6 29 0 30 8 a s o 5 515 z P31 w 4 f o (n w z J 5'PRIVATE DRA Jn E EASEMENT �s 6259 5963 65.00 w a 70.00' 6142' N a9'1 759' W 79J7 1t N 89'T7'59' w 187.22 Q o -rr 8o"i7 5-q w 123]5' -- - 60 OV- 931'. 5' DRAINAGE ESM'T z P 0 5 PRrvnIE OR,INAGE OI EASEMENT c O1 I o'. N w � w 41 - o o w 9 Uo i� III _ 3 2 w IO' ELECTRIC TRANSMISSION EASEMENT - RECORDING NO. z o 1 + ~ oo 9506220719 25' 25 10 ELECTRIC TRANSMISSION z z E4SEMENT - RECORDING N0. 9506220719 S32 _ - ----100.02' 90 00' 2.01 ,0 125.04' ' S 39-17'59' E o ISLA DO 1VE TABLE 5 891759'E IS I LENGTH I DELTA I SE 244TH ST '5.00 39.2^' 90'02'15' e5.D0' 39.' O.OU 47.( 5.0o 13'. TOP OF THE HILL FINAL PLAT #FSU-94-2 '�O DO' 30.1 +O 00' 29. •r111(j 34.55 24'na?1 DISTANCE MEASURING UNIT. 10 Go 16.95' 12'08 28 S(i UU' 47 19' 90'09'- FIELD SURVEY CONTROL WAS BY CLOSED LAND SURVEYOR'S CER I' 500' 85.52 90'D606" TRAVERSE LOOPS. MINIMUM CLOSURE OF DOORS WAS 1:22 000. IN ACCORDANCE %96°' 21'15'i4 I HEREBY CERTIFY THAI 11-11$ PLAT CI 9G' 1U.UY 07'10'5I'.1 wTH WAC 322-130 OF SECTION 20 TOWNSHIP P NOPtH c ^.Ay 7+)J 20-13T1 DISTANCES ARE SHOWN CORVEC TLY m .., Y Or. RA-,I OF PFAR NG: AS SHOWN THEREON HILL BE SET " September 20 , 1994 C0MsMUNITY The Mayor opened the public hearing. There were DEVELOPMENT no comments from the audience and WOODS MOVED to BLOCK GRANT close the public hearing. Orr seconded and the notion carried. ORR MOVED to adopt the 1995 Community Development Block Grant Program as revised, including the contingency plans for estimated entitlement changes , as recommended by the Planning Co < < ittee. Woods seconded and the notion carried. (CONSENT CALENDAR: - ITEM 3D) Amendment to 1994-1996 Community Development Block Grant (CDBG) .Interlocal Cooperation Agreement. APPROVAL of P.mendment No. 1 to the 1994-1996 CDBG Interlocal Cooperation Agreement dated June 21, 1993 , and authorization for the Mayor to sign this Amendment and forward it to King County. (CONSENT CALENDAR - ITEM 3E) Amendment to 1994-1996 Home Interlocal Cooperation Agreement. APPROVAL of Amendment No. 1 to the 1994-1996 HOME Interlocal Coopera- tion Agreement dated June 21, 1993 , and authcri- zatlon for the Mayor to sign this Amendment and forward it to Kina County. ANNEXATION (CONSENT CALENDAR - ITEM 3C) ZONING Everson Annexation Zoning. ADOPTION of Ordinance No. 3184 designating zoning for the Everson Annexation. PLATS (OTHER BUSINESS - ITEM 4A) Top of the Hill Preliminary Plat SU-94-2 . This date has been set to consider the Hearing Examiner' s recommendation for conditional approval of an application by Baima & Holmberg, Inc. for a 42-lot single family residential prelininary subdivision. The prcoerty is located on the north side of SE 244th Street, approximately 600 feet west of 104th Avenue SE. Matt Jackson of the Planning Department noted that area is approximately 8 . 74 acres, and explained that approximately 7 . 25 acres was rezoned to R1-5 . 0 on March 15 , 1994 . He added that the Hearing Examiner recommended condi- tional approval of the preliminary plat on 7 �. September 20 , 1994 PLATS August 17 , 1994 - He noted that the conditions are contained in the agenda packet. He ex- plained that 38 of the lots are zoned Pi-5 . 0 and 4 are zoned R1-7 . 2 . Martin Durkan , Jr. , 22401 Sweeney Road, Maple Valley, representing the owner and the engineer, noted that the working relationship with the i Planning Department on this project has been positive. He stated that the 5 , 000 sa. ft . lots will provide medium-level homes to people who would not qualify for a larger lot or larger home, and will bring affordable homes to Kent without having nulti-family' units . There were no further comments from the audi- ence. ORR MOVED to accept the findings of the ` Hearing Examiner and to adopt the Hearing Examiner' s recommendation of approval with nineteen (19) conditions of the Top of the Hill preliminary subdivision . Woods seconded and the notion carried. i HER BUSINESS - ITE_M_ 4B) Rachael Preliminary Plat SU-94-4 ._ This date has been set to consider the Hearing Examiner' s recommendation for conditional approval of an application by Brad Plemmons/Teresa Hutchens for a 12-lot single family residential preliminary subdivision. The property is located west of Fifth Avenue - S . , approximately 100 feet South Of West Crow Street. ORR'MOVED to accept the findings of the Hearing Examiner and to adopt the Hearing Examiner ' s recommendation of approval with twenty (20) conditions of the Rachael Place preliminary subdivision. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) Harvey Final Plat FSU-90-3 . This date has been set to continue consideration of an application for the Harvey Final Plat. This was discussed at the Council meeting of Sentember 6 , 1994 . The subject property is 2 . 25 acres in size and is located north of S . 252nd Street, between 22nd Avenue S . and 25th Avenue S . Council g Kent City Council Meeting Date November %J 1995 Category other Business 1. SUBJECT: KINGSTONE FINAL PLAT FSU-94-11 2 . SUMMARY STATEMENT: This date has been set to consider the Kingstone Final Plat. The plat is located between SE 271st and SE 268th, and between 114th Avenue SE and 117th Avenue SE, in the recently annexed East Hill/Ramstead Annexation area. The plat is 21. 34 acres in size. The Preliminary Plat was approved by King County (S90P0045) and upon annexation to the City, the final plat fell under Kent' s jurisdiction. 3 . EXHIBITS: Staff memo; map; Office of he Zoning and Subdivision Examiner (Building and La d Development, File No. S90P0045) Findings; and King Cou ty Ordinance No. 10341 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, C mmission, etc. ) 5. UNBUDGETED FISCAL PERSONNEL MPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember_ moves, Councilmember secon se 44 to approve Xtaff' s recommendation of approval for the Kingstone Final Plat with conditions according to King County Ordinance No. 10341 and File No. S90P0045, and to authorize the Mayor to sign the final plat mylar. DISCUSSION• ACTION• ► 1 !` Council Agenda Item No. 4C CITY OF M'LD� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 ,Tim White, Mayor V-r- �T�n MEMORANDUM November 2, 1995 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: KINGSTONE FINAL PLAT #FSU=95-11 On April 8, 1992, the King County Council approved the Kingstone Preliminary Subdivision (King County Building and Land Development File No. S90P0045), a 69-lot single family residential plat. The plat is located between SE 271st and SE 268th and between 114th Avenue SE and 117th Avenue SE in the recently annexed East Hill/Ramstead Annexation area and contains 21.34 acres. Now that the plat is located in Kent, it requires final plat approval by the Kent City Council. Consequently, an application for final plat approval was filed by T.C.A., Inc. on August 16, 1995. Pursuant to Section 12.04.400 of the Kent Subdivision Code, a meeting of City staff was held on April 20, 1994 to review the Kingstone final plat. At this meeting it was the decision of City staff that the proposed final plat was consistent with the requirements of the Kent City Code (Subdivision Code) Section 12.04.400 (A) (1) and (2) relative to overall density of the subdivision and the provision of adequate subdivision improvements. Staff recommends the City Council approve the Kingstone Final plat No. FSU-94-11 according to the conditions referenced in Building and Land Development File No. S90P0045 and King County Ordinance No. 10341. JPH/mp:c:fpfsu94.I I cc: Fred N. Satterstrom, Planning Manager '0-'[h AVF.SO-, i KENT.\�ASH INGTO,A TELEPHO)VE FAX FSU-94-11 - PAGE 1 OF 3 Kin,!ZsStone 20 20' 20' 43 44 1law 45 115 WATER 52 o ESUT 270th ST. N S.E. I N N ID _ 9010' N ? , _ - 1'16 E O N 88'48'44 160.00' N N 86 m N186'11'1fi_ E — o o, I1000' 139.94N w 80- CJ9 U] o I > 73.42• 65.71' GOB 53 _ n 'D - N 88'48'44 }� o 54 55 ^ 110.00' 1 IIE _ N ,50� B935, a� Z oI o 0 g9�3 w o �\' N 88"48 44 .4 _ 59 h- 50.58' 65.25' 20' 20' _ 1 N 86'1 1'16 E 1 16.12' m 7D 1 10.00' I a _ Iv '0 0816 Z 18 TRACT C p 61 p A 0 .- DEDICATED TO O_ C\ g0' O 1 V �+ THE CITY OF KENT O i 56 I I^ o_ N 80-00.00" R y\ 56 •£ Io U 114_s; a s po. 62°8 0 w 15 '.o. �00 \o G <O 85'06'31.. 3 I1-03 L-p4 o. a 57 ? - io2.11. I ZO J c� j6 Oo: .. I 4- �a ,r a •0� 14 � g4� ' c C42 1 ap• I� 9. �O' �\ 16 1S'<'• 46'R G'1g N•5&• 12'EASEMENT POWER I 50403044 �B' 6 E 6ti 08 3 a �6 C27 Z C28 J C4 S3.. 9soao3aaaa s41 0�2 N 1 0. G o ?J0 62 0 S�j• 152p' 0) N y g. CID N 0g 9 aa. 15, N o I 10 a�•� 0 E I wo:w � 0p \ � 5�•0 Z 63 g2!is c� 2 _ 'f O �,� 9 4 1 4. Z CAST o 10 00. �4 6Q5�5} 43 s l 2 N ��, \29'R i 6 40 o N g 1 y d n TRACT D N gg 2 Ul c221 a SfDEWA K g 1 DEDICATED TO CEASEIAENT Z 0 THE CITY OF KENT I 1 � .49'34 3 N g0 E I > w \ 122.36' . IR p0•p0" E cT 1 srR 1 l4 N 7� _T2' ^' b LO'1 02 8 rn n U I Z 4 CJ4 46'R L� J0�J Si.. m 5a C15 h �5 �, rn. 5 a ry o p 7 ry Zw q. 6 I Ps S. 254.08' 65.02' 104.85' 45.96' 54.26' IEE 1 N 89'13'29" V S. LN- S.E. 1/4, SEC, 29-22-5 603.94'-CORNER.ER. FSU-94-11 - PAGE 2 OF 3 KingsStone L� 1 12.00' - -128.76' 90.00' 85.00' 21.93'\ 1 17 9.�' ` o 4, w v 3p� 32 0 0 31 r m 00' 0 30 rn / j TRACT A L15 N DENCA THE TIED 1 To' PRIVATE CI1 29 O.y OF KENT SO. ESMT. 33 J L rC C09 LOB/ ab �56 W V / 27.65' o ��` r0: 28 0 0 0l 34 to s.j Y p0� o yy o O �I ESMT Op 6A; ro G m N \00 46'R 1 �652 CO, SIR �-G16� p� 3 �. 27 sIDEWALH EASEMENT p0'0/ 10� TRACT B 35 < DEDICATED TO THE CITY OF KENT N 0 0/ 38 65'Op, /Z / h a. N cP. �: —21.12' /r't 00., / 7 26 -7-20' E �� C19 w n N 770 LID' S.D ESMT 0'/ N67SF25• ~ '} 16 n I � / `SOp. 14.89. 0 1" E \o. w I 20' uTtLlrv� 78'45 / 0p-"It, �� N 21 o� .5< o ESMT 4 Z o l IU a 25 ,SOVESMTE— =� m 50 m 38 o c 1 N 89.30.53" _ 15.26'-, 110.05- h �. 2 ry rn 49 I t o oo' ^ 24 N u f' I 10 PRIVATE N N 5 N~ SD ESMT 39 6 a I N 88'48'44" Wcz7 N za �1W a, 11000, 46'R C2C o IiO N 86'11'16' rs,R 48 W - 10.00' 0 23 I--12' PUGET POWER n _ In O EASEMENT L02 N to 9504030448 n N 84'08'05" W 7 "iz 40 0 1 N B8'48'44" W _j O (, I\SIOEwALH 1 I1.g1• � 110.00' N� N EASEMENT O N 86.11'16 E - b I W O I / 47 z o 1 0.00' ^ 0 22 N 20' 20' `29RN 8t29'3T yy �1 41 N 88'48'44" W 142.01— �lw o 110.00' . N 86'11'16" 0 N E 'n l 00 46 o I t O.00' 0 21 o f H W a N ip ,c l 111.85' (.r] 140.84' 86'11'1 fi' E �o NI` 42 N 88'48'44 W w 72.62' _ �ol 11o.0O' 51 68.22, 'G'I e o W oo N 86.11't6 E o tO110 W - 110,00' ;. 0 20 0 I a ...+ z o I o 0 o6 o 0 4-4m 45 b - 10 PRIVATE 20' 20' 111.85' n Z o o ryl" S.D. ESMT. 43 N 88'48'44 W 52 a 20' 20' O �, Gti. 1 TO 00' O 83.43' Ic c,�o 2,2 36.Bo o 7t.89' 0 19 ' ST. N 86*11'16 E� - ---� 290.10' o _ - t 39.94' - 55 SE c? 0 54 SEC Nn 53 J� E. �6Aq SHEET ` QP of VAS/ O� TRACT C � `� 9l i SEE SHEET 3 OF 4 = o_ T GRAPHIC SCALE + o 50 0 25 50 -_ O r q 22962 SEE SHEET 4 OF 4 FOR NOTES sf��C15iEQH' HER 1, FSU-94-11 - PAGE 3 OF 3 w _ KingsStone m 20 a LEGAL DES( O ----- — — — _ — _ _ — — _ _ _ THOSE PORTIO! 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March 26, 1992 Introduced by Audrey Gruger 1 Ord92.7 Proposed No. 91-302 I 2 3 ORDINANCE NO. — 1 1 1 4 AN ORDINANCE concurring with the recommendation of the Zoning and Subdivision Examiner to 5 approve, subject to conditions (modified) , the Preliminary Plat of KINGS STONE, Building and 6 Land Development File No. S90P0045. 7 8 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 9 This ordinance does hereby adopt and incorporate herein 10 the findings and conclusions contained in the revised report of 11 12 the zoning and subdivision examiner dated March 11, 1992, which was filed with the clerk of the council on March 26, 1992, to 13 14 approve, subject to conditions (modified) , the preliminary plat of Kings Stone, designated by the building and land development 15 division file no. S90P0045 and the council does hereby adopt as 16 its 17 action the recommendation(s) contained in said repot. i8 INTRODUCED AND READ for the first time this bl day of _ 19 �. 19 20 y� P SSED THIS '"'DAY OF 19 . 21 KING COUNTY COUNCIL KING COUNTY, WASHINGTON 22 f 23 i, I t i 4 l 24 Chair — 25 26 ATTEST: I / 27 Clerk of the Council 28 29 30 31 32 33 March 11, 1992 OFFICE OF THE ZONING AND SUBDIVISION EXAMINER, KING COUNTY, WASHINGTON 300 Prefontaine Building 110 Prefontaine Place South P Seattle, Washington 98104 5 ' �� REVISED REPORT AND RECOMMENDATION TO THE KING COUNTY COUNCIL. SUBJECT: Building and Land Development File No. S90P0045 Proposed Ordinance No. 91-302 . Proposed Plat of KINGS STONE Generally between S.E. 271st Street and S.E. 268th Street (if both roads were extended) and generally between 114th Avenue S.E. and 117th Avenue S.E. (if extended) SUMMARY OF RECOMMENDATIONS: Division's Preliminary: Approve, subject to conditions (modified) Division's Final: Approve, subject to condition (modified) Examiner: Approve, subject to conditions (modified) PRELIMINARY REPORT: The Building and Land Development Division's Preliminary Report on Item No. S90P0045 was received by the Examiner on July 22, 1991. PUBLIC HEARING• After reviewing the Building and Land Development Division's Report, examining available information on file with the application and visiting the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing on Item No. S90P0045 was opened by the Examiner at 1:35 p.m. , August 6, 1991, in Room No. 2, Building and Land Development Division, 3600 - 136th Place S.E. , Suite A, Bellevue, Washington, and adjourned at 4:22 p.m. The hearing continued at 9:18 a-m. , August 13, 1991, and closed at 12:06 p.m. After issuance of a Report and Recommendation on October 4, 1991, the Examiner received a request for reconsideration from the applicant dated October 8, 1991. A Notice of Reconsideration was issued by the Examiner on October 14, 1991, pursuant to which additional documents were received into the hearing record through February 28, 1992. Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes. A verbatim recording of the hearing is available in the office of the Zoning and Subdivision Examiner. Kings Stone S90P0045 Page 2 FINDINGS, CONCIUSIONS & RECOMMENDATION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS• 1. General Information: STR: 29-22-5 and 28-22-5 Location: Generally between S.E. 271st Street and S.E. 268th Street (if both roads were extended) and generally between 114th Avenue S.E. and 117th Avenue S.E. (if extended) Zoning: SR-9600 Acreage: 21.34 Number of Lots: 70 (Revised) Typical Lot Size: Ranges from 4,700 to 16,775 square feet Proposed Use: Detached single-family residences Sewage Disposal: City of Kent Water Supply: City of Kent Fire District: #37 - Kent School District: #415 - Kent Application Date: May 14, 1990 2. Except as modified herein, the facts set forth in the King County Building and Land Development Divisions Preliminary Report to the Zoning and Subdivision Examiner for the August 6, 1991 public hearing are found to be correct and are incorporated herein by reference. Copies of the Building and Land Development Division Report will be attached hereto for submittal to the County Council. The BALD Staff recommends approval of the application subject to conditions. 3. The applicant, Schneider Homes, Inc. of Tukwila, Washington, proposes to develop 21.34 acres into 70 single-family lots for residential use. The site design for this proposed plat is largely dictated by the physical constraints of the property. There are three wetlands on site, one each in the northwest, northeast, and southwest corners of the parcel. In addition, the site is traversed by a steep ridge which runs from the northwest corner towards the southeast and slopes downward to the west. Finally, site design options are significantly impacted by the proposed arterial road layout for this area, certain key elements of which have yet to be specifically determined. 4. A Mitigated Determination of Non-Significance was issued for this project on July 16, 1991. The MDNS contains conditions relating to wetlands, transportation, and drainage. The wetlands conditions require protection of the three wetland areas located on the site, except for the northeast corner of the northeast wetland, which will be filled to create the right-of-way of 116th Avenue S.E. This filling of a wetland area will be mitigated by a 1: 1 replacement at other locations on the site. The SEPA drainage conditions require flows from the eastern basin which enter the Socs Creek system to be detained to achieve a non-erosive release rate. The conditions relating to the westerly flowing drainage basin focus on the conveyance constriction created by the existing culvert beneath 114th Avenue S.E. , which severely restricts the release of run-off from the site. The SEPA conditions also Kings Stone S90P0045 Page 3 seek to maintain the existing hydrology of the wetlands after the site is developed. 5. Maximum slopes on the site demonstrate a 30% to 35% gradient. Moreover, soils on the site are of the Alderwood classification, which are considered to be erosional at slopes in excess of 15%. Accordingly, exposed slopes on the site would be subject to erosion during wet weather periods. In response to these concerns, the applicants geotechnical study recommends that plat construction be limited to the dry months of the year. The recommended conditions incorporate this restriction. 6. As stated above, there are three wetlands on the Kings Stone property. The Tract A wetland in the northeast corner and the Tract B wetland in the northwest corner are each about six-tenths of an acre in size on site. The Tract B wetland in the southwest corner is nearly an acre in size. All three wetlands extend off-site, With Tracts A and D each being part of a substantially larger off-site wetland system. As a consequence, both Tracts A and D have been designated Class 2 wetlands, whereas the Tract B wetland which lies largely within the Kings Stone site has been designated Class 3-wetland. The Tract A wetland receives run-off from the eastern portion of the Kings Stone site and conveys it to the north via a seasonal creek which is part of the Soos Creek system. Tract B is considered a closed depression which overflows to the south into the Tract D system. Thus, Tract D eventually receives run-off from the entire western portion of the site, which it releases to the west through the culvert under 114th Avenue S.E. 7. The major drainage issue with respect to this plat focuses upon the 12-inch culvert which lies under 114th Avenue S.E. directly west of the site. This culvert allows water to release from the Tract D wetland westerly into the drainage system for Tudor Square. This 12-inch pipe has a calculated capacity of 4.7 cfs, which is less than required to convey a 2-year storm under current undeveloped conditions. During a major storm, water backs up behind the culvert into the Tract D wetland; under extended storm conditions, water overtops 114th Avenue S.E. and floods to the west. SEPA Condition No. 3.b. requires Kings Stone to detain run- off within the westerly basin to achieve a release rate which will not exceed 70% of the pre-developed, 2-year/24- hour design storm. As an alternative, the applicant is permitted to consider replacement of the 12-inch culvert under 114th Avenue S.E. The problem with this alternative is, however, that the record demonstrates that the downstream conveyance system is currently inadequate to handle major storm events. Tudor Square now experiences major flooding at the intersection of S.E. 269th Street and lllth Place S.E. Further downstream, run-off passes through a wetland into the Mill Creek_ system and eventually into the Kent Regional Facility. The evidence indicates that both Mill Creek and the Kent Regional Facility are at capacity with respect to accommodating existing flows. In short, upsizing the culvert underneath 114th Avenue S.E. probably is not an acceptable option in terms of its downstream impacts. Other options which have been considered by the applicant's engineer and the BALD staff include leaving the culvert as it presently exists and working with the neighboring Kings Stone S90P0045 Page 4 proposed plat of Kangley Downs to raise the road level of 114th Avenue S.E. in order to create more storage within the Tract D wetland. A second option which would not require replacement of the culvert involves installing an overflow mechanism to permit tightlining drainage from Kings Stone past Tudor Square to circumvent increased flooding problems within that plat. BALD has embodied these further options within an additional proposed condition, which appears in the record as Exhibit No. 23. A strict reading of this condition might lead one to conclude that it constitutes an unauthorized amendment of SEPA Condition No. 3.b. Exhibit No. 23 expands the range of actions under consideration as alternatives to the replacement of the 114th Avenue S.E. culvert to include options beyond the specific terms of SEPA Condition No. 3 .b. However, we find that the function of Exhibit No. 23 is consistent with the intent of SEPA Condition No. 3.b. , in that it simply expands the scope of technical alternatives which may be reviewed as methods for solving the essential problem identified in the SEPA condition. As such, it is a refinement of the SEPA condition and not in conflict therewith. 8. The King County Transportation Plan designates a portion of 116th Avenue S.E. south of the Kent-Kangley Road to be a principal arterial. The roadway section in question is listed within the functional classification changes portion of the Transportation Plan as Project No. 147 and is denominated "The S.E. 277th Street North Spur". This roadway section is shown on Map 9 of the Transportation Plan as running south from the intersection of 116th Avenue S.E. and Kent-Kangley Road, then veering toward the west to connect to the proposed new arterial for S.E. 277th Street. At this point in time, no part of this roadway is either constructed or functional. However, most of the vacant properties to the north of the Kings Stone site have been or are in the process of being platted, and within each previously approved plat some provision for arterial development along the 116th Avenue S.E. right-of-way has been required as a condition of plat approval. For the plat of Kings Stone, the Subdivision Technical Committee has recommended requiring roadway dedication along 116th Avenue S.E. sufficient to meet full principal arterial requirements. This entails a dedication of 50 feet of right-of-way on the west side of the 116th Avenue corridor along the Kings Stone eastern boundary north of S.E. 270th Street, and a full 100 feet of right-of-way dedication within Kings Stone south of 270th Street. 9. The 116th Avenue S.E. arterial route is also of significant concern to the City of Kent, where it comprises one of the three alternative routes under consideration within the study for the proposed S.E. 272nd/277th Street corridor. The City's expectation is to establish a new east-west linkage which would cross the Green River at about 277th Street and connect to the Kent-Kangley Road. An Environmental Impact Statement is in the process of being prepared by the City to study the various specific alternative routes which may provide the necessary east-west linkage. Each of the three routes under study proposes a different location for access to the Kent-Kangley Road. Alternative A intersects the Kent-Kangley Road within the 116th Avenue corridor in a manner which is consistent with Kings Stone S90P0045 Page 5 the plat design for Kings Stone. This alternative envisions extension of 116th southward from Kent-Kangley through Kings Stone with its curve towards the west occurring approximately at 274th Street. Alternative B would connect to Kent-Kangley Road along the S.E. 270th Street right-of- way, veer in a southwesterly section within the plat of Kings Stone and then proceed westerly along 272nd Street. Finally, Alternative C would intersect Kent-Kangley Road along the 272nd Street right-of-way and then loop further south before connecting to S.E. 277th Street. The speculation offered by the various experts at the public hearing indicated that Alternative C is considered to be the least likely option, with Alternative A thought to be somewhat more probable than Alternative B. As between A and B, it would seem that B provides the more direct east-west connection. However, Alternative A has the virtue of following an arterial right-of-way which has already been largely obtained by the County through the plat development process. By contrast, use of Alternative B would require the development of a major arterial along 270th Street which would disrupt an existing residential neighborhood. The City of Kent has indicated that the draft EIS analyzing these three alternatives is expected to be released within a matter of months. The City has also indicated that the final route may comprise a combination of components from the three alternatives being studied. 10. Prior to the submittal of the Kings Stone preliminary plat to King County, the applicant entered into an annexation agreement with the City of Kent. Under this arrangement, in exchange for utility services the applicant has agreed to develop Kings Stone as two divisions. Division 1 would consist of the northern portion of the property, while Division 2 would encompass the south half. Under the annexation agreement, development of Division 2 is to be deferred until after the City determines the final routing for the 272nd/277th Street corridor. Through this agreement, the City has undertaken to preserve its options with respect to the road layout within the 272nd/277th corridor. The City may also elect to buy the Division 2 property from the applicant for public use. The applicant has also committed to the City to construct 116th Avenue S.E. north of 270th Street to an arterial standard. However, this commitment is based upon a 40-foot right-of- way instead of the 50-foot right-of-way being required by the County. Further, even though the developer of Kings Stone has agreed to construct 116th Avenue S.E. to a half- width arterial standard north of S.E. 270th Street, neither the preliminary plat of South Bend nor that of Lexington Square directly to the north of Kings Stone had been accorded preliminary plat approval at the time of the Kings Stone hearing. Moreover, the property directly to the north of the proposed plat of Lexington Square does not appear to be within the boundaries of any currently submitted plat application. Therefore, there is at least a possibility that the half street arterial along 116th Avenue S.E. within Kings Stone might be constructed without the entire connecting linkage to the north having been made available to complete the arterial route. In regard to the uncertainties attendant to the construction of 116th Avenue S.E. north of the Kings Stone plat, attention should be called to Exhibit No. 21, which is a copy of a variance granted by the King County Road Engineer with respect to a section of 116th Avenue S.E. north of the Kings Stone S90P0045 Page 6 proposed King Stone site. This variance requires the provision of the 50-foot right-of-way but allows actual road construction to be without curb, gutter and sidewalk so long as it is constructed at 11 feet of pavement width with principal arterial design thickness. This variance standard, which the Subdivision Technical Committee proposes to apply to Kings Stone, recognizes that the immediate development of 116th Avenue S.E. may not require full urban principal arterial development at this time. The variance therefore allows rural principal arterial street construction to occur so long as the geometrics of the roadway design are such that full urban arterial development can be accommodated in the future. % 11. There are a number of other road design issues which have been contested with respect to the Kings Stone preliminary plat. While the applicant has not questioned the necessity of constructing 116th Avenue S.E. north of S.E. 270th Street to principal arterial standards, it has argued that the 40- foot right-of-way required by the City of Kent ought to control over the 50-foot right-of-way proposed by the County. Gary Samek, of the County Department of Public Works, has responded to this argument by pointing out that the 116th Avenue S.E. roadway is designated within the King County Transportation Plan as an urban principal arterial and that King County Road Standards require such arterials to be developed based on a 50-foot half-width right-of-way. Mr. Samek has also opposed phasing the project or deferring it to accommodate the Kent EIS now in preparation. Mr. Samek argues that there is no interlocal agreement existing between the County and the City of Kent with respect to this roadway development, that the Kent study will not be an adopted King County plan, and that the Transportation Plan currently in effect for the County should control. With respect to the King County Transportation Plan, we find that the roadway under consideration is designated with the King County plan as simple the "S.E. 277th Street North Spur" and is generally shown on Map No. 9 curving from its north-south alignment toward the west. Nowhere is this section of roadway defined with sufficient precision to allow an exact determination to be made of the point where 116th Avenue S.E. ceases to follow a north-south alignment and begins to veer to the west. Therefore, Mr. Samek's assertion that the King County Transportation Plan requires the development of 116th Avenue S.E. along a rigid north- south alignment through the entire Kings Stone plat is not supported by the Plan documents. The applicant has opposed any requirement to construct 116th Avenue S.E. south of its intersection with S.E. 270th Street until after the City of Kent has finally determined the arterial alignment to be developed in this area. The bases of the applicant's objections are numerous. First, the constructed roadway may need to be removed if the alignment chosen by the City of Kent does not match it. Second, a developed roadway which is not subject to immediate use and needs to be barricaded is a nuisance which attracts mischief to the neighborhood. Third, even if the 116th Avenue right- of-way is eventually developed within the north-south alignment, the vertical alignment of the built roadway may not match the design employed by the City of Kent. Finally, the applicant has offered to develop a pathway for school student use within the 116th Avenue S.E. right-of-way if it is left unconstructed until the City of Kent corridor determination has been made. Kings Stone S90P0045 Page 7 12. A further area of contention between the Subdivision Technical committee and the applicant has concerned the construction standard to be applied to S.E. 270th Street within the plat. The Subdivision Technical Committee has recommended that 270th Street be built as an urban neighborhood collector. The testimony of the staff is that the roadway will serve as a linkage between the developed residential neighborhood to the east and Tudor Square to the west. As such, the road functions as a neighborhood collector joining two residential neighborhoods. Based on its April 18, 1991 plat revision, the applicant particularly objected to the neighborhood collector designation if this requirement entailed a prohibition against direct lot access to S.E. 270th Street: The applicant's consultants argued that the connecting roadway to the west, S.E. 269th Street within Tudor Square, is not constructed to neighborhood collector dimensions and allows direct lot access to the street along its entire frontage. The Subdivision Technical committee responded that the design inadequacies of 269th Street do not justify approving a similar inadequacy within Kings Stone and, further, that the actual function of the road is the governing factor in its designation. They also argued that sight distance considerations arising out of both the gradient and the road curve along 270th Street within Kings Stone create safety problems if direct access to a neighborhood collector is permitted. 13. Finally, the applicant has objected to conditions proposed by the Subdivision Technical Committee which would require joint use driveways to be constructed with 22 feet of pavement. The applicant has pointed out that roads which serve two-lot short plats are permitted under short plat standards to be developed at 18 feet of pavement. 14. The constraints imposed upon this property both by topography and by the road layout issues discussed above resulted in an April 18, 1991 plat design in which 24 lots would be constructed with double road frontage on both the front and back sides. Worse, a majority of these double- fronted lots were proposed to be located along the (projected to be) heavily-travelled 116th Avenue S.E. arterial corridor. Finally, many of these lots were not only double-fronted- but shallow in depth as well. 15. A Report and Recommendation dated October 4, 1991 was issued by the Examiner based on the April 18, 1991 revised plat, which implemented the phasing plan envisioned by the City of Kent and provided for separate review of the Division 2 layout after the 272nd/277th road corridor issue had been resolved. The applicant requested reconsideration of this phasing procedure based on its alleged violation of the vested rights of the applicant. The Examiner agreed that the vested rights objection was valid and proceeded to solicit further comments on the issues remaining with respect to current approval of Division 2. The Examiner suggested consideration of a plat revision which would create deeper "through" lots along the 116th Avenue corridor in order to buffer residents from traffic noise impacts. The revision, which entails creating a cul de sac running upslope from 115th Avenue S.E. within Division 2, also facilitates elimination of lots requiring driveway access to S.E. 270th Street. Kings Stone S90P0045 Page 8 The applicant's January 27, 1992 revised design accommodates these suggested revisions and has been deemed acceptable by the Subdivision Technical Committee. This redesign permits elimination of all but three of the "through" lots of less than 110 feet depth. Further, no lots will require direct vehicle access to S.E. 270th Street. However, the redesign is not without its drawbacks. It will require substantial clearing and contouring of the ridge within and adjacent to the new up-slope cul de sac road in order to achieve an acceptable road gradient. This revision, then, requires maximum attention to erosional control procedures if adverse impacts are to be avoided. 16. The Kings Stone site is within the service area of the Kent School District, and the District is on record as opposing generally the approval of new preliminary plats within its service area on the basis of the inadequacies of existing and projected District facilities. The Kings Stone preliminary plat application was filed on May 14 , 1990, and is therefore vested with respect to the operation of both ordinance No. 9785 and its successor, ordinance No. 10162. Further, the SEPA conditions applied to this plat do not contain any provisions requiring school facilities development, nor has the School District or any party filed a timely appeal of the SEPA determination. Elementary school students from Kings Stone will be expected to walk to Pine Tree Elementary School, which lies to the south of the property. The record demonstrates that prior to construction of Division 2 there will be no satisfactory direct pedestrian access from this site to the roads leading to Pine Tree Elementary School. The applicant has offered to develop a pathway within the proposed right-of-way for 116th Avenue S.E. south of S.E. 270th Street if such right- of-way is not constructed prior to the completion of the Kent corridor study. CONCLUSIONS• 1. Resolution of the issues that are raised by the preliminary plat application for Kings Stone requires the determination of policy matters which may be viewed from different perspectives and priorities. At the heart of the matter. is the question of whether and to what extent this preliminary plat application can be approved without first knowing the alignment that is going to be chosen by the City of Kent for the proposed 272nd/277th Street corridor. Three fundamental approaches to this question are possible. At one extreme, the plat could simply be denied or deferred indefinitely on the basis that until the arterial alignment is determined it is not possible to conclude with any certainty that the plat design is workable or that appropriate provision can be made for necessary roadway infrastructure. At the opposite extreme, it is possible to approve the subdivision as currently submitted and assume that the straight north-south alignment for 116th Avenue S.E. upon which plat design is based will be either the ultimate corridor alignment or compatible therewith. The middle position, which is adopted by this Report and Recommendation, is to approve the plat as submitted on January 22, 1992, with a condition requiring further design review of Division 2 on the southern half of the site at such time as the corridor alignment has been specified. 2. The Subdivision Technical Committee and the Department of Public works originally preferred the option of approving Kings Stone S90P0045 Page 9 the plat in its entirety as submitted to the record. Although couched in terms of the mandatory requirements of the Transportation Plan, this preference more likely reflects an interest in maximizing the accumulation of arterial road right-of-way through the platting process. It is the Examinerfs opinion that the Transportation Plan does not require this result in the manner contended by the Technical Committee. The Transportation Plan generally outlines an arterial project to be constructed beginning in a southerly direction at the 116th Avenue S.E. intersection with the Kent-Kangley Road and curving to the west to meet the 277th corridor. To read the Transportation Plan as requiring any specific alignment of 116th Avenue S.E. within this arterial corridor is to ascribe to a general graphic representation a specificity of design that is unwarranted by the documentary material. Moreover, the Transportation Plan itself refers to the City of Kent corridor study and to the City as lead agency for development of this roadway linkage. Within the context of the anticipated annexation of this area to the City of Kent in the reasonably near future, deferral to the City!s policies for developing the arterial corridor design is supported by relevant policies of the. King County Comprehensive Plan. Policy No. F-114 encourages the County to work with cities to develop a common set of standards for public improvements so that areas annexed by cities will have improvements that are compatible with city criteria. Policy No. F-115 more generally encourages public facilities to be located, designed, and operated to be compatible with neighboring uses. Both of these policies indicate that the County's short term interest in accumulating road right-of-way through the platting process ought to take into account the long-term goal of providing a roadway system which meets the needs of the City of Kent. The appropriate method of obtaining this result is to refrain from making any final decision on a plat design which interferes with or compromises the options available to the City of Kent in designing the 272nd/277th Street corridor. 3. The City of Kent has stated both in its annexation agreement with the applicant and, more recently, at the public hearing on this preliminary plat application that it considers the present development of a Division 1 plat on the northern half of the King Stone property to be consistent with maintaining its options with respect to the corridor design. Mr. Gill, the City Engineer, also stated at the public hearing that the City was prepared to accept King county's decision regarding the design and construction of S.E. 270th Street as a neighborhood collector. From a road circulation standpoint, it appears to be acceptable to the City to approve the preliminary plat subject to phasing conditions which leave Kent with all of its arterial options essentially intact. Such phasing would provide the applicant with approximately one-half of his development project for immediate construction, with the remainder deferred pending Kent's decision on the 272nd/277th corridor. 4. Approval of this subdivision in phases will require the addition of conditions to accommodate such a process. Proposed condition Nos. 1-5 deal with the phasing aspect of this proposal. If the arterial alignment ultimately designated by the City of Kent does not follow the 116th Avenue alignment, Division 2 may require a major revision. It is critical, in any event, that Division 1 be capable of Kings Stone S90P0045 Page 10 existing independent of any future development of Division 2. Due to the drainage patterns for the property, completion of Division 1 will require the construction of detention and conveyance facilities within the Division 2 area. Such areas remaining within the boundaries of the Kings Stone property and designated as a future Division 2 will need to be shown as tracts which are appropriately limited as to their use and conveyance if Division 2 is not built. 5. Because development of 116th Avenue S.E. south of S.E. 270th Street would not serve Division 1, its construction may await Division 2 development. However, dedication of roadway to complete the arterial linkage through Division 2 tracts to 277th Street needs to be accomplished within the Division 1 development, subject to revision if the corridor alignment is altered. That portion of 116th Avenue S.E. north of S.E. 270th Street which will be currently developed as arterial roadway will need to be constructed within a 50- foot right-of-way in the manner required by the King County Road Standards. Until actual annexation occurs, such roadway remains part of the King County road system and is subject to King County road development requirements. 6. The Subdivision Technical Committee has made an adequate demonstration that S.E. 270th Street within the plat and adjacent thereto will function as an urban neighborhood collector. The record also indicates that safety considerations require prohibiting direct access of lots to S.E. 270th Street. Accordingly, full development of S.E. 270th street adjacent to the plat as an urban neighborhood collector is proposed as a condition of plat approval. Half street development of 270th Street for Division 1 purposes is inappropriate because the roadway will provide primary access to more than 30 lots as well as necessary linkage within the neighborhood circulation system. 7. The requirement to construct 22 feet of pavement for any driveway serving more than one lot within the subdivision is explicitly based on Section 2.03 of the King County Road Standards. A lesser requirement of 18 feet of pavement for a short plat road is not applicable to this development. However, the applicant's argument that the 22 feet requirement is excessive may be made to the County Engineer within a road variance application, and the lesser short plat standard may be a persuasive factor in the review of that application. 8. The plat redesign dated January 22, 1992, has eliminated the great bulk of road and lot design issues which were debated at the public hearing on this preliminary plat. In particular, the issues surrounding .dipect vehicle access to S.E. 270th Street have been rendered moot by the redesign. The major issue remaining with respect to S.E. 270th Street is the argument by the applicant that it should not be required to construct S.E. 270th Street east of 116th Avenue S.E. to a full-width standard. The argument is that this portion of 270th Street will only access 11 lots within Kings Stone and that the remainder of the road width ought to be supplied by the propcsed plat of South Bend to the north. While we have no problem with the suggestion that South Bend ought to provide its half of the roadway width, the issue that needs to be addressed is whether Kings Stone should be required to provide the full width if South Bend is not in fact constructed contemporaneously with Kings Stone. Kings Stone S90P0045 Page 11 our conclusion that Kings Stone needs to provide the full roadway width if South Bend is not constructed is premised upon considerations beyond simply the matter of accessing the 11 lots numbered 60 through 70 within Kings Stone. As noted above, the need here is to provide a critical element within neighborhood circulation pattern at a location where a neighborhood collector intersects a principal arterial. Relevant policies of the King County Comprehensive Plan emphasize that within the plat review process it is necessary both to provide a circulation pattern which will meet the needs of the neighborhood as well as to provide access to the specific lots of any particular plat. Comprehensive Plan Policy No. F-212 states that the approval process needs to "establish local and neighborhood circulation patterns", while Policy No. F-216 requires the street design of the plat to "support existing and planned future street patterns". This goal is further supported by Policy No. F-217, which states that a road design must consider not only the need to access dwelling units but also the road's function. The recommendation that the applicant supply the full roadway width for 270th Street adjacent to the plat 4 based upon these policy directives requiring provision of a needed roadway link within in essential neighborhood circulation pattern. 9. The final area of contention remaining with regard to the plat of King Stone involves the timing of Division 2 development. The applicant has accepted the concept that Division 2 construction must be deferred until the City of Kent makes its decision with regard to the 272nd/277th roadway corridor. However, the applicant, not unreasonably, Wishes to place some limit upon the City of Kent's process of deliberation. That is to say, if the City of Kent has not made a decision on the ultimate roadway alignment within two years from the date of preliminary plat approval, the applicant wants authorization from the County to develop Division 2 as approved without further waiting for Kent to complete its roadway decision process. The problem with the applicant's request is that the availability of sewer and water service to this plat from the City of Kent has been made specifically dependent upon the Division 2 phasing requirement. Inasmuch as it appears Division 2 cannot be developed without utility service from the City of Kent, it is not clear what benefit the applicant expects to derive from a decision by King County allowing development of Division 2 in contravention of its agreement with the City. However, the conditions contained herein accede to the applicant's request that a two-year limit be placed on the City's decision-making process with respect to the road corridor, subject to a proviso that the applicant demonstrate at that time an unconditional right to water and sewer service for Division 2. The State platting statute requires that the County make affirmative findings of fact with respect to the availability of water and sewer service to this subdivision. Accordingly, the development of Division 2 cannot be divorced from the essential infrastructure requirements imposed by State law. 10. If approved subject to the conditions recommended below, the proposed subdivision of Kings Stone, as shown on the January 22, 1992 revised preliminary plat map, makes appropriate provision for the public health, safety, and welfare and serves the public use and interest. Kings Stone S90P0045 Page 12 11. The conditions of Approval recommended herein, including dedications and easementsf Will provide public improvements necessary to serve the subdivision, are required to make the proposed reasonably compatible with the environment, and will carry out applicable State laws and regulations and the laws, policies and objectives of King County. RECOMMENDATION: APPROVE the preliminary plat of KINGS STONE as set out in the January 22, 1992 revised preliminary plat map, subject to the following conditions of plat approval: 1. The plat of Kings Stone shall be constructed in two separate divisions as shown on the January 22, 1992 revised plat map. Division 1 shall consist of that' portion of the site lying north of the southern boundary of the.right-of-way for S.E. 270th Street. This includes Lot Nos. 28 through 59 and adjoining roads and tracts. The remaining portion of the site shall be designated for future Division 2 development. 2. The conditions of preliminary plat approval stated herein apply to development of both Division 1 and Division 2. However, no construction of plat improvements or houses in Division 2 shall occur until the earlier of a) selection by the city of Kent of a route for the S.E. 272nd/277th Street corridor; or, b) written release of the applicant by the City of Kent from the phasing requirements of paragraph 3.4 of their October 17, 1990 Annexation Agreement (King County Records and Elections File No. 9010171059) ; provided that, if no corridor route has been selected by Kent within two years of preliminary plat approval, Division 2 may be constructed as approved herein upon the applicant's submittal to BALD of documentation demonstrating unconditional commitments for public water and sewer service for Division 2. If a corridor route is selected by the City of Kent which requires road construction outside the 116th Avenue S.E. right-of-way, a revised preliminary plat layout for Division 2 shall be submitted to BALD for review as a major plat revision. 3. Division 1 shall be granted final approval separate from Division 2 only if it is capable of functioning as a complete, self-sufficient development independent of whether Division 2 is ever constructed. This shall require, at a minimum, construction of S.E. 270th Street as required by this preliminary plat approval, and construction within the proposed Division 2 tracts of drainage facilities sufficient to provide conveyance, detention, and biofiltration of run- off from the northwest basin of the property to the Tract D wetland. Easements and conveyances which assure the continued availability of these drainage facilities to Division 1 even if Division 2 is not constructed shall be approved by BALD and recorded prior to final plat approval. 4. If Division 1 is submitted for final approval separate from Division 2, the entire area comprising proposed Division 2 shall be apportioned into tracts subject to the terms described herein: a. Tracts C and D shall be configured as shown on the January 22, 1992 preliminary plat map. b. one hundred feet of right-of-way shall be dedicated to King County for 116th Avenue S.E. , subject to Condition No. 22 below. Kings Stone S90P0045 Page 13 C. Division 2 in its entirety may be conveyed to the City of Kent or to any other party, subject to the dedication of 116th Avenue S.E. for right-of-way development and the easements and conveyances required for Division 1 development. These conditions and restrictions pertaining to the proposed Division 2 tract shall be stated on the face of the Division 1 final plat. 5. If Division 1 is submitted for final approval separate from Division 2, the applicant shall provide a pedestrian pathway for the use of students walking to Pine Tree Elementary School. The pathway shall be located within the 116th Avenue S.E. right-of-way of Division 2 and connect to S.E. 272nd Plaqe. In order to assure a safe walking facility, all abandoned structures within the 116th Avenue S.E. right- of-way and the portion of the Kings Stone property adjacent thereto to the east shall be removed and the abandoned sites filled and graded. BALD shall review and approve the design for the pathway. Certification from a hazardous waste consultant stating that hazardous materials on the property have been properly removed and delivered to an authorized disposal site shall be provided to BALD and to the Department of Ecology prior to any final plat approval. If necessary to prevent vehicle access, a temporary barrier shall be required at either terminus of the pathway in accordance with KCRS Section 5.07 until roadway development occurs. 6. Compliance with all platting provisions of Title 19 of the King County Code. 7. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. 8. The area and dimensions of all lots shall meet the minimum requirements of the SR-9600 zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger. Minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Building and Land Development Division. 9. The applicant must obtain final approval from the King County Health Department. 10. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 8041. 11. The applicant must obtain the approval of the King County Fire Marshal for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter 17•.08 of the King County Code. 12. Final plat approval shall require full compliance with drainage provisions set forth in King County Code 9.04 and current storm drainage requirements and guidelines as established by Surface Water Management. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. The following conditions represent portions of the Code and requirements that apply to all plats. Kings Stone S90POO45 Page 14 a. Drainage plans and analysis shall comply with the 1990 King County Surface Water Design Manual. BALD approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by BALD Engineering Review, shall be shown on the engineering plans. C. The following note shall be shown on the final recorded plat: "All building downspouts and footing drains and drains from all impervious surfaces such as patios and driveways shall be connected to the approved permanent storm drain outlet as shown on the approved construction drawings t on file with the Department of Public Works. This plan shall be submitted with the application for any building permit. All connections of the drains must be constructed and approved prior to final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file". 13. The applicant shall comply with King County Ordinance No. 9747, King County Road Mitigation Payment System (MPS) , by paying the required MPS fee as determined by King County Public Works, plus an administrative fee. The applicant has an option to either: 1) pay the MPS fee and MPS administrative fee at final plat application, or 2) pay the MPS fee and MPS administrative fee at the time of building permit application. If the first option is chosen, a note shall be placed on the face of the plat stating: "All fees required by Ordinance No. 9747, King County Road Mitigation Payment System (MPS) , have been paid"; if the second option is chosen, the fee paid shall be the amount in effect on the date of building permit application. 14 . There shall be no direct vehicular access to or from 116th Avenue S.E. , 114th Avenue S.E. or S.E. 270th Street from abutting lots. 15. Lot Numbers 55 and 56 shall have undivided ownership of the joint access tract adjacent thereto and are responsible for its maintenance. The tract shall be 26 feet wide and improved with a 22-foot-wide, paved surface and controlled drainage. 16. The applicant shall provide a Class III bicycle facility along its portion of S.E. 270th Street abutting the plat and along its frontage on 114th Avenue S.E. north of S.E. 270th Street. The applicant shall work with the department of Public Works to determine proper facility location. 17. All lots adjacent to or containing area with an NGPE shall be provided with an acceptable boundary delineation between the lot, or unrestricted portions thereof, and the area restricted with the NGPE. Said boundary delineation shall be marked prior to any grading or clearing of the subdivision and remain in place on each lot until a dwelling is constructed on the lot and ownership transferred to the first owner-occupant. Kings Stone S90P0045 Page 15 18. The applicant shall comply with KCC 19.38 by paying a fee according to the formula stated therein to the Parks Division in lieu of providing on-site open space. 19. A fence designed for longevity and noise attenuation shall be constructed along all lots abutting 116th Avenue S.E. Said design shall be submitted for review and approval by BALD. The homeowners' association shall be responsible for the continued maintenance of the fence. A five-foot maintenance easement shall be provided and shown on the face of the final plat. 20. The developer shall pay a pro-rata share toward a new signal at SR 516 and. 116th Avenue S.E. , or delay final approval until WSDOT has awarded a contract for this signal. Based on a 70-lot plat, a pro-rata share of $1,476 has been determined for this project. 21. Per King County Fire Marshal requirements, if any finished roadway gradient exceeds 15% at any location within this plat, all future residences constructed within the plat will have to be sprinklered. 22. Fifty (50) feet of right-of-way from centerline shall be dedicated to King County for road purposes along 116th Avenue S.E. between the northern plat boundary and the southern boundary of the right-of-way for S.E. 270th Street; one hundred (100) feet of right-of-way shall be dedicated south of S.E. 270th Street to the southern boundary of the plat. One Hundred Sixteenth (116th) Avenue S.E. shall be designed and constructed for each division as an urban principal arterial in the manner provided by RV IS91V0078. If the City of Kent selects a route for the S.E. 272nd/277th Street corridor any portion of which lies outside the dedicated right-of-way; for 116th Avenue S.E. , the applicant shall dedicate to King County the right-of-Way required to construct the finally selected corridor route within Kings Stone, and King County shall convey to the applicant any unneeded portion of previously dedicated right-of-way. If final corridor route selection has not occurred prior to submittal of the Division 1 final plat, an agreement for the alteration of the 116th Avenue S.E. right-of-way dedication Within Division 2 in the manner provided herein, signed by the applicant and King County and approved by the King County Prosecuting Attorney, shall be executed prior to Division 1 final plat approval. 23. S.E. 270th Street shall be designed and constructed as a full-width urban neighborhood collector in accordance with KCRS 2.03, from 114th Avenue S.E. to 117th Place S.E. ; provided that, if the preliminary plat of South Bend is constructed before or concurrently with Kings Stone Division 1, the applicant shall only be responsible for constructing one-half of S.E. 270th Street between 116th Avenue S.E. and 117th Avenue S.E. Any deviation from the standard stated herein will require a variance from the KCRS requirements, approved by the Department of Public Works. 24 . With preliminary approval of this subdivision, stop sign control is approved for 270th Street at its intersection with 116th Avenue S.E. The following conditions shall be satisfied, unless other conditions are approved within a road variance from the King County Department of Public Works: Kings Stone S90P0045 Page 16 a. The angle of intersection for S.E. 270th Street at its intersections With 116th Avenue S.E. and 114th Avenue S.E. shall comply with KCRS 2.08A. b. The landings for S.E. 270th Street at its intersections with 116th Avenue S.E. and 114th Avenue S.E. shall comply with KCRS 2.08F. C. The minimum spacing between all intersecting streets shall be 150 feet per KCRS 2.08E. d. The maximum finished road grade for S.E. 270th Street shall not exceed 12% per KCRS 2.03E. 25. One Hundred Seventeenth (117th) Place S.E. shall be designed and constructed as an Urban Subaccess Half Street in accordance with KCRS 2.63 and 2.06. Any deviation from this standard will require a variance from the KCRS requirements, approved by the Department of Public Works. 26. One Hundred Fifteenth (115th) Court S.K. shall be designed and constructed as an Urban Subaccess Street in accordance with KCRS 2.03. Any deviation from this standard will require a variance from the KCRS requirements, approved by the Department of public Works. 27. Two Hundred Seventy-First (271st) place S.E. shall be designed and constructed as an Urban Minor Access Street in accordance With KCRS 2.03. Any deviation from this standard will require a variance from the KCRS requirements, approved by the Department of Public Works. 28. One Hundred Fifteenth (115th) Avenue S.E. shall be designed and constructed as an Urban Subaccess Street in accordance with KCRS 2.03. A temporary turnaround shall be provided at its southern terminus. Any deviation from this standard will require a variance from the KCRS requirements, approved by the Department of Public Works. 29. . One Hundred Fourteen (114th) Court S.E. shall be designed and constructed as an Urban Minor Access Street in accordance with KCRS 2.03. Any deviation from this standard will require a variance from the KCRS requirements, approved by the Department of Public Works. 30. The eastern frontage of 114th Avenue S.E. shall be improved to Urban Neighborhood Collector Standards (KCRS 2.03) to match the existing vertical alignment Where it abuts the site. The final engineering plans shall include appropriate transition of these improvements to the existing roadway. Eight feet of additional right-of-way shall be dedicated to King County along 114th Avenue S.E. 31. A grading plan shall be resubmitted for review with the final engineering plans. 32. All construction work related to clearing, filling, and grading shall be limited to the drier months (April 1 through October 31, inclusive) unless otherwise approved by BALD's Engineering Review Unit. 33. The following have been established by SEgA as necessary conditions of this development to miticfate adverse environmental impacts. The applicant shall demonstrate compliance with these requirements prior to final approval. Kings Stone S90P0045 Page 17 a. For the wetlands on-site, based on the plat map submitted April 19, 1991: 1) The wetlands identified in Tract A and in Tract D, both King County Type 2 wetlands shall each have pL 50-foot-wide buffer of undisturbed native vegetation from the wetland edge. 2) The wetland in Tract B, a King County Type 3 wetland, shall hays a 25-foot-wide buffer of undisturbed native vegetation from the wetland edge. 3) Wetlands and buffers shall have Native Growth Protection Easements (NGPE) placed on them, and a 15-foot building setback line (BSBL) shall be shown from the edge of the NGPE. Wetlands and buffers shall be placed in separate tracts. 4) A fence is required along the edge of the NGPEs on the east side of Tract D, on the east side of Tract B, and along the southwest side of Tract A to clearly identify the areas as a sensitive resource. Signs should be posted along the fence line to clearly identify the area as an NPGE. A detail of the proposed fence and signs, and revised site plans showing its location, must be submitted for BALD Sensitive Areas approval prior to final plat approval. The fence and signs shall be maintained by the homeownerst association. Clearly identifying the buffer edge will keep the buffer from being considered part of the residences' backyards and will help keep domestic animals from intruding into the wetlands. 5) Biofiltration swales shall not be constructed within the wetland buffers. Biofiltration swales may be placed within the 15-foot BSBL. 6) Filling wetlands for construction of 116th Avenue S.E. shall require a 1:1 replacement mitigation. \Approximately 5,000 square feet will be filled. The fill supporting the existing driveway off of 114th Avenue shall be removed to mitigate for this loss. in additionf water from the biofiltration swale constructed adjacent to the wetland of Tract A can direct sheetflow through this buffer area to create additional wetlands, or additional wetlands can be excavated from along the western edge of the Tract B wetland. The applicant shall submit an enhancement plan for review and approval by BALD Sensitive Areas staff. Any area excavated to create new wetlands shall be revegetated with the species present in the wetland found in Tract A. The following species are found in this wetland and shall be included: red alder, Oregon ash, black cottonwood, salmonberry, Indian plum, vine maple, pig-a-back, sworn fern, lady fern, red elderberry, slough sedge, and red-osier dogwood. 7) The applicant shall post a Performance Bond in an amount to cover the cost of planting and construction management by a wetlands consultant, and monitoring by BALD staff. A three-year monitoring period is required to assure the planting survive. Upon completion of the final monitoring inspection of the site, King County Kings Stone S90P0045 Page 18 BALD wetlands staff shall release the bond. if the plantings have not been successful at the end of the monitoring period, the applicant is -responsible for preparation and implementation of a contingency plan to remedy the situation. b. For transportation: The applicant shall contact METRO to a) develop a site plan that indicates how the proposal has considered public transportation needs and facilitates homeowner access to transit and ride sharing, b) disseminate transit and ridesharing information to new home buyers the first time residences are sold, in agreement with METRO and at the expense of the developer or seller. The applicant shall provide written verification to King County Environmental Division of such coordination with METRO prior to final plat approval. C. For drainage: 1) Due to the potential downstream impacts, a more restrictive drainage design for the eastern sub- basins shall be required for this subdivision, per the recommendations of the Surface Water Management Division. The performance of proposed R/D facilities shall be such that discharge from the developed area shall be no more than 70 percent of the pre-developed 2-year/24-hour release rate for design storm events up to and including the 100-year/24-hour design storm event. Restrictions greater than described above may be required upon final review of the downstream analysis. 2) Due to the restrictive capacity of the cross- culvert under 114th Avenue S.E. , a more restrictive drainage design for the stormwater (R/D) facility shall be computed using an SCS- based hydrograph method. The performance of the proposed R/D facility shall be such that discharge from the developed area shall be no more than 70 percent of the pre-developed 2-year/24-hour release rate for design storm events up to and including the 100-year/24-hour design storm event. Restrictions greater than described above may be required upon final review of the downstream analysis. As an alternative, culvert replacement may be considered by the applicant's engineer, subject to the review and approval by King county's Surface Water Management Division, per Section 1.2.2 of the Surface Water Design Manual. 3) A closed-depression wetland exists within proposed Tract B in the western portion of the site. The following conditions shall be satisfied: i. The roof and footing drains of the proposed lots that drain to the wetland shall direct flow to the wetland where feasible. ii. An overflow structure shall be provided with the overflow elevation set at the existing natural overflow elevation. iii. R/D for the entire area that drains to this wetland shall be provided in proposed Tract C in the southwest portion of the site. Kings Stone S90POO45 Page 19 4) The final drainage plans approved by BALD shall comply with the requirements of the 1990 Surface Water Design Manual and generally concur with the Conceptual Drainage Plan prepared by Townsend- Chastain and Associates, Inc. , received by BALD May 31, 1991. 34. The initial submittal of the engineering plans shall include an examination of the feasibility of each of the following options for treatment of drainage problems associated with the cross-culvert under 114th Avenue S.E. near Tract D; a. Replacement of the culvert; b. Raising 114th Avenue S.E. ; C. Providing an overflow mechanism for the western basin discharge. 35. The 100-year floodplain of the preserved wetlands shall be determined and shown on the final engineering plans and recorded plat as required by Special 'Requirement No. 9 of the 1990 SWM Design Manual. Any portion of the 100-year floodplain extending beyond the final wetland buffer shall also be designated as NGPE. 36. A geotechnical study prepared by Golder Associates, Inc. has been submitted with the preliminary plat. This study shall be subject to the review and approval of the BALD geologist. The project engineering plans shall be designed to reflect the final geotechnical report recommendations. A letter from the geotechnical consultant shall be submitted with the engineering plans to verify that the prepared plans reflect their recommendations. 37. The following statement shall be shown on the final engineering plan and recorded plat: "Building Setbacks and Native Growth Protection Easements Structures, grading, fill and obstructions (including, but not limited to decks, patios, outbuildings, or overhangs beyond 18 inches) are prohibited within the building setback line (BSBL) and within 25/100 year floodplains (if applicable) , and within the Native Growth Protection Easement(s) as shown. Dedication of a Native Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land within an easement. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPE imposes upon all present and future owners and occupiers of the land subject to the easement the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the easement. The vegetation within the easement may not be cut, pruned, covered by fill, removed or damaged without express permission from King County, which permission must be obtained in writing from the King County Building and Land Development Division or its successor agency. Kings Stone S90P0045 Page 20 Before and during the course of any grading, building construction, or other development activity on a lot subject to the NGPE, the common boundary, between the easement and the area of development activity must be fenced or otherwise marked to the satisfaction of King County." OS. A homeowners+ association or other workable organization shall be established to the satisfaction of BALD which provide$ for the ownership and continued maintenance of open space areas, fences and signs, and the pedestrian path. 39. A note shall be placed on the face of the plat that reads as follows: "Lots within this subdivision are subject to the terms of King County Ordinance Nos. 9747 and 10162, which impose impact fees to fund improvements to the County transportation and school systems made necessary by new development. if the plat developer has not paid all applicable fees at the time of final plat submittal, each lot owner shall be liable for such fees at the time of application for a bu' ing permit". ORDERED this llth day of March, 19 afford i h Deputy Zoning and Subdivision Examiner TRANSMITTED this llth day of March, 1992, by certified mail, to the following parties of record: Bloss, Carl Casey, David Daniel, Dr. George T. Davis-Hall, Michael Hagen, Maynard Kiefer, Charles Kiefer, John Knitter, C./Golder Assoc. Lowe, Tom Morrow, Paul Munger, Garet/Terra Assoc. Riggs, Michael Wilson, Richard R. Woodbury, Camilla Yadon, Mr. and Mrs. R.D. TRANSMITTED this llth day of March, 1992, to the following: Gill, Gary, City Engineer, City of Kent Haff, Louis, Public Works Hudson, Rich, Building and Land Development Division Johnson, Tammy, Building and Land Development Division Kara, A. Fatin, King County Conservation District Laporte, Tim, City of Kent Engineering Department Logan, 'John, Public Works Lutz, James, WSDOT Masters, David, Environmental Division Miller, Tina, Building and Land Development Division Norman, Paulette, Public Works Pringle, Lisa, Building and Land Development Division Questad, Barbara, Environmental Division Reitenbach, Paul, Community Planning Samek, Gary, Public Works Shea, Brian, Building and Land Development Division Shular, Ryan, Building and Land Development Division Taylor, Steve, Building and Land Development Division Thornbury, Arthur, King County Council Towne, Sandra, Community Planning Wannamaker, George, Public Works Kings Stone S90P0045 Page 21 Gu11holm, Ellen Kellogg, Tom Kinared, Diana New Construction} Services NOTICE OF RIGHT TO APPEAL In order to appeal the recommendation of the Examiner, written notice of appeal must be filed with the clerk of the King County Council with a fee of $125.00 (check payable to King County Office of Finance ) on or before March 25 1992. If a notice of appeal is filed, the original and 6 copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Council on or before April 1 1992. If a written notice of appeal and filing fee are not filed within 14 calendar days of the date of this report, or if a written appeal statement and argument are not filed within 21 calendar days of the date of this report, the Clerk of the Council shall place a proposed ordinance which implements the Examiner's recommended action on the agenda of the next available council meeting. Filing requires actual delivery to the office of the Clerk of the Council, Room 403, King County Courthouse, prior to the close of business (4:30 p.m.) on the date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Office of the Clerk is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. Action of the Council Final. The action of the Council approving or adopting a recommendation of the Examiner shall be final and conclusive unless within thirty (30) days from the date of the action an aggrieved party or person applies for a writ of certiorari from the Superior court in and for the County of King, State of Washington, for the purpose of review of the action taken. MINUTES OF THE AUGUST 6, 1991 AND AUGUST 13, 1991 PUBLIC HEARING ON BUILDING AND LAND DEVELOPMENT DIVISION FILE NO. S90P0045 - KINGS STONE: Stafford L. Sm3th was the Hearing Examiner in this matter. Participating in the hearing were Steve Taylor, Rich Hudson, Tina Miller, and Ryan Shular, representing the Building and Land Development Division, Gary Samek, representing Public Works, Carl Bloss, Charles Kiefer, Paul Morrow, Michael Riggs, and Gary Gill. The following exhibits were offered and entered into the record on August 6, 1991: Exhibit No. 1 Building and Land Development Division's Preliminary Report to the Zoning and Subdivision Examiner dated August 6, 1991 Exhibit No. 2 Application received May 14, 1990 Exhibit No. 3 Environmental Checklist received May 14, 1990 Exhibit No. 4 Declaration of Non-Significance dated July 16, 1991 Exhibit No. 5 Affidavit of Posting indicating June 26, 1991 as date of posting and indicating June 28, 1991 as date affidavit was received by Building and Land Development Division Exhibit No. 6 Revised plat received April 18, 1991 Kings Stone S90P0045 Page 22 Exhibit No. 7 Kroll maps for 627E, 631E, 654W, 660W Exhibit No. 8 Conceptual Drainage Plan received May 31, 1991 Exhibit No. 9 Level I Downstream Analysis by Townsend- Chastain received May 14, 1990 Exhibit No. 10 Level II Downstream Analysis by Townsend- Chastain received April 18, 1991 Exhibit No. 11 Revised Level II Analysis by Townsend- Chastain received May 31, 1991 Exhibit No. 12 Traffic Study by Christopher Brown & Associates received September 17, 1990 Exhibit No. 13 Addendum Traffic Study by Christopher Brown & Associates received April 15, 1991 Exhibit No. 14 Geotechnical Evaluation by Golder Associates received April 17, 1990 Exhibit No. 15 Wetland Study by Terra Associates received May 14, 1990 Exhibit No. 16 Addendum Wetlands Study received April 17, 1991 Exhibit No. 17A-C Three letters from Mr. and Mrs. R.D. Yadon concerning drainage, schools, traffic and wildlife Exhibit No. 18 Wildlife Habitat Evaluation by Terra Associates received August 6, 1990 Exhibit No. 19 Letter from Camilla Woodbury concerning traffic, schools, and environmental problems Exhibit No. 20A-B Letter and video from Charles Kiefer/East Hill Environmental Citizens Alliance Exhibit No. 21 116th Variance No. S991VO078 Exhibit No. 22 Revised Recommended Condition No. 21 Exhibit No. 23 Recommended Condition No. 32 Exhibit No. 24 Recommended Condition Nos. 33-35 Exhibit No. 25 272nd/277th Street North Corridor Study from City of Kent EIS (draft) Exhibit No. 26A-B Letter from Christopher Brown & Associates to Hearing Examiner dated July 31, 1991 Exhibit No. 27 Letter from Paul Morrow to Hearing Examiner dated August 5, 1991 Exhibit No. 28A Slope Density Calculations by Townsend- Chastain Exhibit No. 28B Preliminary subdivision information re: lot density Exhibit No. 29 Letter from Paul Morrow to Environmental Division dated July 30, 1991 The following exhibits were offered and entered into the record on August 13, 1991: Exhibit No. 30 Applicant's plat map showing conceptual phase plan Exhibit No. 31 Alternatives A, B, and C for proposed road extension for S.E. 272nd and 277th Exhibit No. 32 City of Kent Six Year Transportation Improvement Program Exhibit No. 33 Building and Land Development Division Report to Zoning and Subdivision Examiner dated January 5, 1984 re: Echo Glen Heights Exhibit No. 34 April 1988 Functional Classification Changes - Department of Public Works Exhibit No. 35 Addition to Recommended Condition No. 30 Kings Stone S90P0045 Page 23 The following exhibits were entered into the record by the Examiner pursuant to the applicant's request for reconsideration dated October 8, 1991. Exhibit No. 36 Applicant's Request for Reconsideration dated October 8, 1991 from Paul Morrow of Townsend- Chastain, Inc. Exhibit No. 37 Examiner's Notice of Reconsideration of Recommended Plat Conditions dated October 14, 1991 Exhibit No. 38 Letter from Richard Wilson, attorney representing the applicant, dated October 25, 1991 Exhibit No. 39 Memo from Rich Hudson, Lead Planner, Planning Unit, King County BALD, dated October 25, 1991 Exhibit No. 40 Examiner's Revised Notice of Reconsideration dated November 8, 1991 Exhibit No. 41 Letter dated November 27, 1991 with attachments from Michael Davis-Hall, attorney representing the applicant Exhibit No. 42 Memo from Rich Hudson dated November 27, 1991 Exhibit No. 43 Examiner's Second Revised Notice of Reconsideration dated December 16, 1991 Exhibit No. 44 Memo from Rich Hudson dated January 8, 1992 Exhibit No. 45 Letter from Michael Davis-Hall dated February 18, 1992, representing the applicant Exhibit No. 46 Memo from Rich Hudson dated February 18, 1992 with the applicant's revised preliminary plat map dated January 22, 1992 Exhibit No. 47 Letter dated February 21, 1992 from Michael Davis-Hall, representing the applicant Exhibit No. 48 Memo from Rich Hudson dated February 20, 1992 S90P0045/1(ings Stone SLS:gb POR 6520/smith\kingston.por DOC smith\kingsrev.rpt tlarch 26, 1992 Introduced by hudrey Gruoer 1 Ord92.7 Proposed llo. 91-302 2 1 ORDIIIANCE 110. _10 3 4 1 'I All ORDINAl10E concurring with the recommendation . of the Zoning and Subdivision Examiner to approve, subject to conditions (modified) , the Preliminary Plat of KINGS STONE, Building and Land Development File No. S90P0045. 7 R BE IT ORDAINED BY THE COUIICIL OF KIIIG COUNTY: n In This ordinance does hereby adopt and incorporate herein Hie findings and conclusions contained in the revised report of I1 12 the zoning and subdivision examiner dated March 11, 1992, which 11 was filed with the clerk of the council on March 261 1992, to approve, subject to conditions (modified) , the prelimihity plat 1.1 IG of Kings Stone, designated by the building and land development 16 division file no. S90P0045 and the councll� does hereby adopt as its action the recommendations) contained in said repopt: 17 IB INTRODUCED AND READ for the first time this _ day of 19 19W ?.D XSSED THIS Ze4AY OF 19 . 2l KIIIG COUNTY COUIICIL KIIIG COUNTY, WASHINGTOII 22 2:3 1 (I 2-I Chair (J1 25 26 ATTEST: 27 LC�r�k�i25lerk oe Council 29 . 1n 11 12 1:1 Kent City Council Meeting Date November 3.. 1995 Category Other Business 1. SUBJECT: MI-C ZONING CODE AMENDMENT ZCA-95-10 2 . SUMMARY STATEMENT: The City has re eived an application by M. Durkan for a proposed amendment to'jI1-C Zoning District in order to allow drive-through type eating establishments, which are presently disallowed in this district. The application requested a reduction in the minimum lot size requirement. The Planning Commission recommends approval of this request. 3 . EXHIBITS: Staff report dated October 23, 1995 nd Planning Commission minutes of October 23, 1995 4 . RECOMMENDED BY: Planning Commission (Committee, Staff, Examiner, Commissio , etc. ) 5. UNBUDGETED FISCAL PERSONNEL IMPACT NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS* 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve the recommendation of the Planning Commission of an amendment to the MI-C Zoning District, in order to allow drive-through type eating establishments as identified in the staff report, and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION:'ACTION: Yl y1� il c- Council Agenda Item No. 4D CITY OF l V\�L]V Jim White, Mayor Planning Department MEMORANDUM October 23, 1995 MEMO TO: KENT MORRILL, CHAIR AND PLANNING COMMISSION MEMBERS FROM: FRED N. SATTERSTROM, PLANNING MANAGER SUBJECT: PROPOSED AMENDMENT TO MI-C ZONING DISTRICT/#ZCA-95-10 (M. DURKAN) Proposed Zoning Code Amendment: On August 24, 1995, Martin Durkan, Jr. filed an application for regulatory review with the Kent Planning Department. Mr. Durkan's application requests a revision to the MI-C zone in order to allow drive-through type eating establishments, which are presently disallowed in this district. In addition, his application requested a reduction in the minimum lot size requirement. A copy of the application is attached to this memorandum. On October 9, 1995, the Planning Commission reviewed this matter in workshop and found merit in the proposed amendments. Therefore, staff has brought this matter forward for public hearing before the Planning Commission. Background: The Ml-C zone was created by City ordinance in 1988 following a year-long study of industrial and commercial land use in the West Valley area of Kent. The results of the "West Valley Study" indicated that retail opportunities existed in the industrial area (much of which was zoned Ml) and a C-suffix designation was developed and added to the M1 zone. This suffix could be applied to properties only through a rezoning process. Since 1988, two sites - one at 212th/West Valley Highway and another at Willis Street/SR 167 - have been rezoned to MI-C. The M1 (Industrial Park) zone permits light industrial and warehousing type uses, offices, and a very limited number of retail uses. The primary purpose of the M1 zone is to "...provide an environment exclusively for and conducive to the development and protection of a broad range of industrial activities...(Sec. 15.04.170). The C-suffix permits additional commercial uses - such as convenience stores, computer sales, convention halls, hotels and motels, printing services, and other uses which "...provide necessary personal and business services for the general industrial PROPOSED AMENDMENT TO M1-C ZONING DISTRICT October 23, 1995 Page 2 The commercial development anticipated by the "West Valley Study" has not materialized. At 212th/West Valley Highway, a motel was under construction but experienced financing difficulties before it was completed. The building shell was eventually demolished by new owners. The property is now vacant. A second motel was constructed further to the west on 212th Street, but anticipated, ancillary commercial uses (such as a restaurant) have not been built. An Ml-C rezone was obtained for property at Willis Street/SR 167 but no commercial development has ever been built at this site. Anal,ysis and Staff Recommendation: The pedestrian friendly commercial environment anticipated by the C-suffix in the M1 zone has not occurred. The development which has occurred has been auto-oriented (e.g., motels). The restriction in the M1-C zone that eating establishments not include drive-through facilities may be unrealistic in light of what uses have developed under MI-C zoning. Therefore, some broadening of permitted uses may be warranted, such as that proposed in this regulatory review request, as well as a reduction in the minimum lot size for such commercial activities. Staff recommends the following amendments to the M1-C zone in order to allow greater use flexibility in the M1-C zone: 1. Amend Sec. 15.04.170(B) to add the following: 15.Eating establishments, including drive-in or drive-through facilities. 2. Amend Sec. 15.04.170(F) to add the following: 1.Minimum lot. Minimum lot area is one (1) acre, except on lands zoned Ml-C where the minimum lot size may be 10,000 square feet. cc: Jim Harris, Planning Director Attachment FSN/tb:durkan.rez _ . 3 4 1915 City of Kent �_� ;•: C.='' ni4iE51T Regulatory Review What ordinance or regulation do you want the Council to review? We believe the Council should take a look at Kent City Code (K.C.C.) 15.04.170 Subsection 13 (C) and K.C.C. 15.04.170 Subsection F. (1) dealing with Retail uses and Development Standards in the Industrial Park District M1 or M1-C. What is it that bothers you about this ordinance/regulation? It limits retail uses for restaurants by limiting the convenience of drive through facilities. It also through Development Standards limits minimum lot size to 1 acre. What Changes do you suggest to this ordinancelregulation? The changes suggested would be to amend K.C.C. 15.04:170 Subsection 13(C) to allow drive-through facilities and to amend K.C.C. 15.04.170 F. (1) and allow minimum lots of ten thousand (10,000) square feet. What Significance to the community will occur with your proposed change? The significant change in allowing retail restaurants drive through, would allow employers and employees to remain in the geographic during dinning hours, reducing the number of S.O.V. trips to other areas. The other change to minimum lot size would allow minimum lot of ten thousand square feet which is comparable to that allowed in Industrial Commercial zones. What effect, if any, will your proposed change have on related ordinances, regulations, plans and policies? It will lead to better planned policies and regulations in dealing with M-1 or M-1 C zoning. Have you reviewed you concern with a city staff member? Do you have any general comments you wish to make( can be about the ordinancelregulation you want changed or about anything else to do about with ordinancelregulations or the permit process)? The changes suggested, would increase amenities offered to the Industrial Park District and would better serve its employees and employers. CITY OF 972 � Jim White, Mayor PLANNING COMMISSION MINUTES Public Hearing October 23, 1995 The regular meeting of the Kent Planning Commission was called to order by Chair Kent Morrill at 7:00 PM on October 23, 1995, in Chambers West, Kent City Hall. PLANNING COMMISSION MEMBERS PRESENT: Kent Morrill, Chair Russ Stringham, Vice Chair Gwen Dahle Connie Epperly Janette Nuss Robert MacIsaac Mike Pattison Edward Heineman, Jr. PLANNING COMMISSION MEMBERS ABSENT: Kenneth Dozier, excused PLANNING STAFF MEMBERS PRESENT: Fred Satterstrom, Planning Manager Linda Phillips, Planner APPROVAL OF AUGUST 28 1995 MINUTES Minutes will be approved at the November 27, 1995, public hearing. ADDED ITEMS TO THE AGENDA None. COMMUNICATIONS None. NOTICE OF UPCOMING MEETINGS Planning Manager, Fred Satterstrom, notified the Commission that the City Council held its first meeting on the Meridian Annexation zoning on October 17, 1995. The second hearing with the City Council will be held on November 21, 1995, as scheduled. #ZCA-95-10 Ml-C AMENDMENT (Fred Satterstrom) Planning Manager, Fred Satterstrom, presented the staffs recommendation for a zoning code amendment of the M1-C zone. The request for the zoning code amendment was submitted to the City by Martin Durkan Jr. in August._ MI-C Amendment-4ZCA-95-1 D n i. r <n vccr v-_ cinvnTnnc. en--rr.i rornvr ^n .o<n -nn �.v -ocn�.- Planning Commission Minutes October 23, 1995 The staff recommendation is to amend the M1-C zone to allow drive-through restaurants and to reduce the minimum lot size required (in the MI-C zone) to 10,000 square feet. Presently the minimum lot size in the M1-C zone is one acre. The minimum lot size for commercial zoning in all of Kent's commercial zones is 10,000 square feet. Therefore, the request would be consistent with the prevailing minimum lot size in the commercial zones. The City currently has only two areas that are zoned MI-C. One is on West Valley Highway at 212th and the other site along the Valley Freeway at Willis Street. The Planning Department staff recommends the approval of the requested zone change in two parts. The first part would add language to the existing MI-C zoning which would allow drive-through eating facilities. The second part would change the minimum lot size in the M1-C zone to 10,000 square feet. Again, this would be consistent with the other commercial zones in the City. Commissioner Nuss questioned if allowing another use to the MI-C zone would be reducing the already limited manufacturing space. Mr. Satterstrom reititerated that Kent has only two M1-C nodes and therefore it would only effect a small portion of the M1 zones. Chair Morrill opened the public hearing. Martin Durkan Jr., 330 SW 43rd, Renton. Mr. Durkan represents the Aldara Management Corporation which is part of the Boeing family trust that owns property in Kent which is currently zoned as M1-C. Mr. Durkan is requesting the zoning code amendment in order to offer drive- through restaurants in the M1-C zone. He is also requesting the amendment to allow a smaller lot size (10,000 square feet) which is consistent with other commercial zones. Chair Morrill closed the public hearing. Commissioner Stringham MOVED to adopt the staff recommendation and change the zoning code language in the M1-C zone as outlined in the staff s proposal. Commissioner MacIsaac SECONDED the motion. Commissioner Nuss raised the question to Commissioner Stringham as to whether or not it was a conflict of interest for him to participate in the issue presented. Commissioner Stringham pointed out that since restaurants are currently allowed in the MI-C zone and that the issue at hand is to specifically allow drive-through restaurants; he did not believe this to be a conflict of interest. Commissioner Pattison informed the Commission that he had personally driven the sites in question and believes that the proposed use is appropriate. Commissioner Pattison supports the recommendation. Motion Carried. 2 MI-C Amendment-#ZCA-95-10 Kent City Council Meeting Date November '1. 1995 Category Other Business 1. SUBJECT: COMPREHENSIVE PLAN IMPLEMEN ZONING MAP AMENDMENT (PHASE I - EAST HILL) CPZ-95-1 2. SUMMARY STATEMENT: The Planning Commission has recommended potential zoning map changes for nine areas on East Hill, as identified in the staff report. 3 . EXHIBITS: Staff memo dated November 31 1995; staff report dated July 17, 1995; Planning Commission minutes of July 24, 1995; and four letters submitted by citizens 4 . RECOMMENDED BY: Plannin Commission (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REOIIIRED: $ SOURCE OF FUNDS: 7 . CITY COIINCIL ACTION: moves, Councilmember seconds Councilmember to approve the recommendation of the Planning Commission on the Comprehensive Plan Implementation Zoning Map Amendment CPA-95-1 (Phase I - East Hill) regarding zoning map changes for nine areas on East Hill, as identified in the staff report, and to direct the City Attorney to prepare the neces- sary ordinance. DISCUSSION• ACTION• Council Agenda Item No. 4E CITY OF -�:�JYI CITY OF KENT PLANNING DEPARTMENT Jim White, Mayor MEMORANDUM November 3, 1995 TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: KEVIN O'NEILL, SENIOR PLANNER SUBJECT: PHASE I ZONING MAP AMENDMENTS TO IMPLEMENT THE COMPREHENSIVE PLAN LAND USE MAP -,#CPZ-95-1 On July 24, 1995, the Planning Commission conducted a public hearing regarding #CPZ-95-1- - zoning map amendments to implement the Comprehensive Plan Land Use Map. This project is being undertaken in two phases. The first phase focuses on zoning map amendments on the East Hill, while the second phase, to be completed in 1996, will examine amendments on the Valley Floor and West Hill. After considering the staff report and public testimony at the July 24 hearing, the Commission made a recommendation for Phase One amendments to the Citv of Kent zoning map. The Planning Commission considered potential zoning map changes for nine areas on East Hill which were identified by staff. These areas are shown in the attached staff report to the Planning Commission, dated July 17, 1995. These areas were identified by comparing the Land Use Plan Map in the Comprehensive Plan with the Official Zoning Map, and determining which areas could possibly be rezoned, either because the zoning was not compatible with the plan (for example, a parcel zoned for residential use that the plan designates as commercial) or because the zoning of the property was at a residential density less than the maximum density allowed by the plan. The Planning Commission's recommended zoning for each area is listed below. The minutes from the July 24 meeting are also attached for your reference. AREA EXISTING ZONING RECOMMENDED ZONING 1 RA Rl-20 2 RA R1-12 3 R1-9.6 R1-7.2 4 R1-5.0 MRM 5 MRD MRM, R1-7.2 6 R1-9.6, R1-72 No Change 7 R1-9.6 R1-7.2 8 R1-12 R1-7.2 9 R1-7.2 R1-5.0 1 Phase I Zoning Map Amendents to Implement the Comprehensive Plan Land Use Map - #CPZ-95-1 November 3, 1995 Subsequent to the Planning Commission hearing, several letters were received by the Planning Department regarding Area 6. These letters are also attached for your consideration. Planning Department staff will be available at the November 7 meeting to further explain the recommended zoning changes. If you have any questions prior to the meeting, please contact me at 850-4799. KOH/mp:a:chzonam.mem Attachments cc: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Mathews Jackson, GIS Coordinator/Planner — 2 CITY OF - CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM July 17, 1995 TO: KENT MORRILL, CHAIR, AND MEMBERS OF THE PLANNING COMMISSION FROM: KEVIN O'NEILL, SENIOR PLANNER MATTHEWS JACKSON, PLANNER/GIS COORDINATOR SUBJECT: PHASE I ZONING MAP AMENDMENTS TO IMPLEMENT THE COMPREHENSIVE PLAN LAND USE MAP - ##CPZ-95-1 Attached is the staff report for Phase I zoning map amendments to implement the Land Use Plan Map in the Kent Comprehensive Plan. The staff report includes individual maps and analysis for each of the subareas being proposed for zoning map changes, as well as a vicinity map, City- wide zoning map, and Land Use Plan Map. These attached maps should make it convenient for the Commission members and the public to review the proposed changes in context with the overall zoning and Land Use Plan Map designations in the City. If you have any questions prior to the hearing, please contact Kevin or Matt at 859-3390. cc: James P. Harris, Planning Director Fred Satterstrom, Planning Manager VICINITY MAP/PROPOSED ZONING RA TO RI-2 Y T t iN I x sPKiNceN EN. SC C RA TO R1-12 I tear IT ]20 T RA - Residential Agricultural.1 unit per acre n '�PNN7NxTEN'I RI-20—Single-familyrmidendal,1 unit/20,000 square feet L KE ]2117x s RI-12 a Single-familyresidential,1 unit/12,000square feet f 2I.TK ST "IT RI.9.6—Single-family residential,1 unit/9,600 square feet 1 R1-7.2—Single-family residential,1 unit/7,200 square feet " IT ][2rtrN IT e R1-5.0=Single-family residential,1 unit/6,000 square feet IT NisoN .. MRD =Single-family residential and duplexes � NEfK PNNN rl MRG = Multi-family residential,16 units per acre MRM = Multi-family residential,23 units per acre ]TM r 22YT s R1-9.6 TO R1-7.1� am i z ][220TN f win NO.iIN Y V � C NE�7/O/AM 6 OrYt t ] 2 - N ,[2„ 4Rl-9.6 TO R1—' f R � - - T 1 YT"r b SCNOOC X ][ NENf e • sc rlsrx rt ]e 2357x] NENONINL x € PNNK C 23ITx rL h. "ET y�� gs �l T -- R1-12 TO R1-7 2 PIONEER R1-7.2 R1.9.6 TO RI-5.0 R1.7. x ]MIT T j t T 24"M'' z ] C ["]OM I r MOST R "n o_ rt 9 N/CNg�SCHO ER ILL x s Tx ` � xzer m ]YTM "n[]T KEN KEN GENE 7 SN/N CEN n I[ ne [ ]oi"] IT ssT rsYTN n ]222"Y]T ECENNlS y.iw�� MRD TO MRM R1-7.2 TO R1-5.0 Introduction This project involves amending the City's zoning map to bring it into conformance with the Land Use Plan Map in the recently adopted Comprehensive Plan. Consistency between zoning and the comprehensive plan is required by the Growth Management Act. This project will be undertaken in two phases. The first phase will focus on zoning map amendments on the East Hill, while the second phase will examine amendments on the Valley Floor and West Hill. The Planning Commission has had two workshops on Phase I zoning map amendments, the first on June 12, 1995 and the second on July 10, 1995. The first workshop examined the context of the entire project, while at the second workshop the Commission reviewed each area being analyzed for potential zoning map amendments as part of Phase I. Background On April 18, 1995, the City Council adopted the Kent Comprehensive Plan (Ordinance #3222). The plan includes a Land Use Plan Map as part of its Land Use Element. The adopted Land Use Plan Map is the guideline for zoning decisions, both for land within the city limits and as land currently in unincorporated King County becomes annexed into the city. For the most part, the City's existing zoning map is consistent with the Land Use Plan Map in the .Comprehensive Plan. Planning Department staff reviewed the entire zoning map in conjunction with the Land Use Plan Map and identified nine study areas for potential zoning map amendments in Phase 1. This was done by comparing the Land Use Plan Map to the Zoning Map, and determining which areas could potentially be rezoned, either because the zoning was not compatible with the plan (for example, a parcel zoned for residential use that the plan designates as commercial) or because the zoning of the property was at a density less than the maximum density allowed by the plan. For example, if an area was designated SF6 in the plan, but zoned at a zoning density less than R1-7.2, this area is a candidate for a potential rezone. Staff Analysis and Recommendations The following section shows a map with the recommended zoning for each of the nine study areas. The area which is shaded on the maps represents the lots or parcels which are being proposed for a zoning change. The page accompanying each map outlines the existing Land Use Plan Map and zoning designation for each area, as well as the plan and zoning designations for the surrounding properties. The characteristics of each area are then described, followed by a staff recommendation. A vicinity map is also attached to make the general location of each of these areas clearer. Also included for reference is a city-wide zoning map and the Land Use Plan Map which was adopted as part of the Comprehensive Plan. COMPREHENSIVE PLAN ZONING IMPLEMENTATION: PHASE 1 { Ilifj I III ' 1 Li REZONE SITE CITY LIMITS AREA 1 EXISTING ZONING: RA PROPOSED ZONING: R I - 2O COMPREHENSIVE PLAN DESIGNATION: SF - 3 AREA 1 Size of Area: 36 acres Comprehensive Plan Designation: SF-3 (Single Family Residential - 3 units per acre) Current Zoning: RA (Residential Agricultural) Plan Designations of Surrounding Properties North: Residential Rural (City of Renton) South: SF-3 West: Manufacturing Center East: Urban Separator/UR 4-12 (King County) Zoning Designations of Surrounding Properties North: R1 (City of Renton) South: R1-12 West: M2 East: R-1/R-6 (King County) Analysis: This area is located to the east of the Valley Freeway, and south of South 192nd Street. It is an area presently characterized by very low density single-family residential development. Access to this area is presently very limited, since the property abuts the Valley Freeway on one west side, and no streets are located along the eastern boundary of the property. The area is currently accessible only from South 200th, South 198nd, and South 192nd Streets, all coming from the east. The property is also characterized by steep west-facing slopes facing the Valley Freeway. The areas to the north and east are constrained by steep slopes and stream corridors, which are reflected in the low density plan and zoning designations of adjacent properties by the City of Renton and King County, respectively. Staff Recommendation: R1-20 (Single Family Residential - 20,000 sq. ft. minimum lot size) COMPREHENSIVE PLAN ZONING IMPLEMENTATION: PHASE 1 C? I �fI Irl I I \III�JI/ � 11 I q � ! flI 11 ��� a�III II(IN k i �)� III��I � I p III << < � \\\I��II' 1 ►�l �, 1������� ��:.,1 `� :�� ' 111 I / �IJ1111, � f II ��rili�illl(I►f� .� , I� IIhII - � aj I II�IIII 111�1 � I II 111� 1 11 \\Il�llll �I III 11 � �\ � ►� � �I\\ll REZONE SITE ^T^� CITY LIMITS AREA 2 _ EXISTING ZONING: RA PROPOSED ZONING: R 1 - 1 2 COMPREHENSIVE PLAN DESIGNATION: SF - 3 AREA 2 Size of Area: 14 acres Comprehensive Plan Designation: SF-3 (Single Family Residential - 3 units per acre) Current Zoning: RA (Residential Agricultural) Plan Designations of Surrounding Properties North: SF-3 South: Commercial West: Manufacturing Center East: SF-6/SF-1 Zoning Designations of Surrounding Properties North: R1-12 South: Office/R1-7.2 West: M2 East: R1-7.2/RA Analysis: This area is located along the west side of 92nd Avenue South, to the north of South 208th Street. The area is distinguished by west-facing slopes which look out over the Valley Freeway and the Valley Floor. Most of the parcels in this area are already developed with single-family residences. The area is currently zoned RA, although several of the existing parcels are less than one acre in size. If the area is rezoned to a higher single-family density, future development potential will be somewhat limited, due to the location of existing houses and the slopes abutting the freeway. However, with the new development standards which are being proposed regarding single-family lot dimensions, some increased development capacity would be possible. Staff Recommendation: R1-12 (Single Family Residential - 12,000 sq. ft. minimum lot size) t` ,tr ® f11 51 r y 1 t♦ �� f , W 6 r fr ■ i h - 1 � .1: z ■ 741. I •� _ � i.:_- In E. .r �: ki;., k" �r�iMr�r• I �r ;� r +!5 b�E�Y�. 1 I �► � � i �r��Y k .��� � - _ \ c 1 �. ..Y� 1r.nr�jrirS•� r__ ► f s ` �' ' �� � _ .° � �■ it _ �. �� i .: I r•.. .... rr_ I MEN F a� I AREA 3 Size of Area: 118 acres Comprehensive Plan Designation: SF-6 (Single Family Residential - 6 units per acre) Current Zoning: R1-9.6 (Single Family, 9600 sq. ft. minimum lot size) Plan Designations of Surrounding Properties North: SF-6/UR 4-12 (King County) South: SF-6/LDMF West: SF-6 East: UR 4-12 (King County) Zoning Designations of Surrounding Properties North: R1-20/R6 (King County) South: RI-7.2/MRG West: R1-20 East: R-6/R-48 (King County) Analysis: This area generally extends along 100th Avenue South, from just north of South 240th Street to the city limits at SE 225th Place. The area is generally distinguished by low density single- family residential development with large, unplatted lots, although there are two residential developments along the northeastern portion of the area. One of the developments, Dover Place, was constructed as a planned unit development, and has lot sizes of approximately 4,500 square feet. Most of the lots in the other large subdivision are approximately 7,200-7,500 square feet. The property to the north and east of the area is in unincorporated King County, and is zoned R-6 (6 units per acre), with a multi-family residential project bordering the northeast comer of the area. The property to the west and northwest of the area is part of the Beck annexation area; the interim zoning for this area is currently R1-20, but the City Council is considering initial zoning, which is currently proposed as R1-7.2. R1-7.2 zoning is presently located to the south of the area. The topography of the area is relatively level, with the exception of the northwestern portion of the area, which is intersected by Garrison Creek. Staff Recommendation: R1-7.2 (Single Family Residential - 7200 sq. ft. minimum lot size) m �k�•�E w�`3na.r�'r ..emu m4� � ey 1 4 7 7 � i6, 214 NO n ■ S � 1 Bl AREA 4 Size of Area: 14 acres Comprehensive Plan Designation: LDMF (Low Density Multifamily) Current Zoning: R1-5.0 (Single Family Residential - 5,000 sq. ft. minimum lot size) Plan Designations of Surrounding Properties North: LDMF South: Mixed Use-Limited MF West: SF-6 East: MDMF/Mixed Use-Limited MF Zoning Designations of Surrounding Properties North: MRG South: O West: R1-7.2/R1-9.6 East: MRM/CC Analysis: i This area was rezoned from MRM to R1-5.0 in 1989 as part of the East Hill Housing Study. At the time that the zoning decision was made by the City Council, several of the parcels within this area were vacant. Prior to the R1-5.0 zoning going into effect, however, multi-family residential projects were vested on these parcels, and these projects have since been constructed. Therefore, at this time the entire area is developed with multi-family residential projects. At the request of a property owner during the public hearings on the Comprehensive Plan, the City Council designated this area as Low Density Multi-family Residential. Staff Recommendation: MRG(Multiple Family Residential- Garden Density) r l COMPREHENSIVE PLAN ZONING IMPLEMENTATION: PHASE 1 0 II \ REZONE SITE CITY LIMITS .AREA 5 ,- EXISTING ZONING: M R D PROPOSED ZONING: M R M COMPREHENSIVE PLAN DESIGNATION: MEDIUM DENSITY MULTIFAMILY AREA 5 �4.yr f Size of Area: 2 acres Comprehensive Plan Designation: MDMF (Medium Density Multifamily) Current Zoning: MRD (Multifamily Residential - Duplex) Plan Designations of Surrounding Properties North: SF-6 South: LDMF West: SF-6 East: MDMF Zoning Designations of Surrounding Properties North: RI-7.2/MRG South: MRD West: R1-7.2 East: MRM Analysis: This area represents a parcel and a portion of another, both of which are currently zoned MRD. Both parcels are currently developed with a multi-family residential project. The eastern half of the second parcel in question is zoned MRM. During hearings on the Comprehensive Plan, the property owner asked that both parcels be zoned MRM, since this would reflect the development which had already taken place on the property. Therefore, the area was designated as Medium Density Multi-Family on the Land Use Plan Map. Staff Recommendation: MRM (Medium Density Multifamily) °r' ,�■.� 1• � Pill tl ``�1 � •~,r_a r �' T i� 1' 1 l `^ , �7� i i � I f • � ek `y-2i • r, .e, r wi�4 ,, F i•,--, i� w x L <�� � • '� �— eft x '� . � ' �� aY, cry �m �� 1t"t�d �'k�ti �■ ■�� j�l �`., t r ¢c+.c�ztr 1 ..i; �. ` ��`�t4 ��� � ■ ,�I y` 2 1�� rt y L . • I 7 ': z, tP� [ {L i.,xSu ice{ e. l ('p S .7 �� ;.�` �>� ge .re 5'r y'ka�:.,{ �n�� i.3 a� f^'.•r1 £ Yyjse ■ �� ., � 1 �, tY.a �re -p L. �I�J 4b {� �, _ t w �:tt a 5 "'t i �� � � � wit � �. ��t "a�trz ��,.at :a� ° c ��h?N t P (yt'yz � • ►7�� I�� ' ^R'�33}"aT t a•r` a '�cr5&K 'S 1`^ti Y^j .iC,� ��'Y t r � k^ '�1��. � 1C^'ir �i` S: •� � I rll - ` II • 1 • AREA 6 Size of Area: 109 acres Comprehensive Plan Designation: SF-8 (Single Family Residential - 8 units per acre) Current Zoning: R1-7.2/R1-9.6 (Single Family - 7200/9600 sq. ft. minimum lot size) Plan Designations of Surrounding Properties North: LDMF/SF-6/Mixed Use-Limited MF South: MDMF West: MDMF/SF-6/LDMF East: Mixed Use-Limited MF/SF-8 Zoning Designations of Surrounding Properties North: MRD/R1-7.2/0/CC South: MRD/MRM West: MRD/MRM/R1-7.2 East: O/CC/R1-5.0 Analysis: One of the most important themes in the Land Use and Housing Elements of the Comprehensive Plan is providing more capacity for single-family residential development to both meet the City's housing targets and allow for more variety in terms of single-family lot sizes. This area was designated as SF-8 on the Land Use Plan Map given its location, which abuts commercial areas to the north and east and multi-family residential areas to the west and south, and the fact that there are generally no major environmental constraints in the area. The area is currently zoned R1-7.2 on the east side of 100th Avenue SE and R1-9.6 on the west side. The southern portion of the area is already developed with the Eastwood subdivision on the east side of 100th Avenue SE and the Canterbury subdivision on the west side. It is proposed that the majority of the property on the east side of 100th Avenue SE remain R1-7.2, given the fact that much of the property is already developed; the exception would be the large vacant parcel on the northeast comer of 100th Avenue SE and SE 244 Street which is proposed for R1-5.0. This parcel is directly adjacent to an area already zoned as R1-5.0 to the east, and also adjacent to the Fred Meyer store to the north. The developed area on the west side of 100th Avenue SE is proposed to be zoned R1-7.2, to be consistent with the zoning on the east side of 100th Avenue SE, and given that this area is already subdivided, while the rest of the area west of 100th Avenue SE is proposed for R1-5.0. Most of this area is fairly undeveloped, and poses the greatest potential for future single-family residential capacity. Staff Recommendation: R1-5.0/R1-7.2 (Single Family Residential - 5000/7200 sq. ft. minimum lot size) ,p qNil �I A y♦ _ ♦ its � `'—`� � `� ■ � � T all �r � 3 1 �I'' y � � ! t ■'w ■ ■ AREA 7 'Y~ Size of Area: 8 acres Comprehensive Plan Designation: SF-6 (Single Family Residential - 6 units per acre) Current Zoning: R1-9.6(Single Family Residential- 9600 sq. ft. minimum lot size) Plan Designations of Surrounding Properties North: UR 4-12 (King County) South: LDMF West: UR 4-12 (King County) East: SF-6 Zoning Designations of Surrounding Properties North: R-6 (King County) South: MRG West: R-6 (King County) East: R1-7.2 Analysis: This area is located in the southwest comer of SE 232nd Street and 112th Avenue SE. The area is bordered to the north and the west by unincorporated King County, and the zoning in the County in this area is R-6 (six units per acre). Park Orchard elementary school is located to the north of the area. The zoning to the east of the property is R1-7.2, while the area to the south is developed with multi-family residential uses. There do not appear to be any significant environmental constraints in this area. Staff Recommendation: R1-7.2 (Single Family Residential - 7200 sq. ft minimum lot size) i COMPREHENSIVE PLAN ZONING IMPLEMENTATION: PHASE -1 Lij l \ \ \ ci \ �\ Go c \1�\��\ \ Ali �\\ \✓� \\' �� o > 0 0 CD �`r17 REZONE SITE CITY LIMITS AREA 8 EXISTING ZONING: R 1 — 1 2 PROPOSED ZONING: R 1 — 7 . 2 COMPREHENSIVE PLAN DESIGNATION: SF - 6 AREA 8 Size of Area: 9 acres Comprehensive Plan Designation: SF-6 (Single Family Residential - 6 units per minimum lot size) Current Zoning: R1-12 (Single Family Residential - 12,000 sq. ft. minimum lot size) Plan Designations of Surrounding Properties North: SF-6 South: SF-3 West: SF-6 East: UR 12+ (King County) Zoning Designations of Surrounding Properties North: R1-7.2 South: R1-12 West: R1-7.2 East: R-18 .� Analysis: This area, located at the southwest comer of 116th Avenue SE and South 240th Street, is designated SF-6 on the Land Use Plan Map. The area consists of four parcels which are relatively flat, and which are all approximately 2 to 2.5 acres. The area is surrounded by Rl- 7.2 zoning to the west and north, and R1-12 zoning to the south. The area to the east is in unincorporated King County and is currently developed as a commercial nursery and zoned for multi-family development. This is an area that the Kent City Council designated for higher density single-family development than currently exists, given its location on a busy intersection, and proximity to R1-7.2 zoning and commercial development. Staff Recommendation: R1-7.2 (Single Family Residential - 7200 sq. ft. minimum lot size) � • � � rr � r � � �:� ri i � � ' a y h 4 • �' ��e.x n 4t'ng�ja�`'.n M ow IA MUL vgl ,4 r a ^ at t it �� ♦ ^5 rs�l7 �.��as�'t a� n � - - � . OW r. - - s • AREA 9 Size of Area: 12 acres Comprehensive Plan Designation: SF-8 (Single Family Residential - 8 units per acre) Current Zoning: R1-7.2(Single Family Residential-7200 sq. ft. minimum lot size) Plan Designations of Surrounding Properties North: MDMF South: LDMF West: MDMF East: UR 4-12/UR 12+ (King County) Zoning Designations of Surrounding Properties North: MRM South: MRG West: MRM East: R-6/R-18 (King County) Analysis: This area is located at the northwest corner of 116th Avenue SE and Kent-Kangley Road. The area is surrounded by multi-family zoning and development in the city limits, and by both multi- family and single-family development in unincorporated King County, located to the east of the area. During the hearings on the Comprehensive Plan, a property owner in this area asked that the area be designated for multi-family development. The City Council did not designate the area for multi-family development, but did designate the area SF-8 to allow higher density single-family development in light of the area's proximity to both existing multi-family development and the busy intersection of 116th Street and Kent-Kangley Road. Staff Recommendation: R1-5.0 (Single Family Residential - 5000 sq. ft. minimum lot size) ATTACHMENTS 1. Land Use Plan Map 2. City-Wide Zoning Map Planning Commission Minutes July 24, 1995 W Page 2 COMMUNICATIONS Jim Harris, Planning Director, announced that the Boundary Review Board approved the Meridian annexation boundary, an area of 5.3 square miles with a population of 20,000 persons. He said the formal decision will made on August loth, at which time a resolution will be passed. Mr. Harris said this annexation will impact the Planning Commission in the future as there will be several meetings on zoning as well as review of the comprehensive plan. He said the intent of the City Council is to have the annexation take effect on January 1, 1996, and to have the zoning in place at that time. NOTICE OF UPCOMING MEETINGS - None #CPZ-95-1 COMPREHENSIVE PLAN IMPLEMENTATION-ZONING MAP AMENDMENT Kevin O'Neill, Senior Planner, presented background of the Zoning Map Amendment process, and its correlation to the recently adopted Kent Comprehensive Plan. He referred to the staff report entitled Zoning Map Amendments to Implement the Comprehensive Plan. Phase I - East Hill, which contains information on the locations of tonight's proposed amendments, as well as colored maps which indicate land use designations and current zoning districts. He said staff compared the land use plan map to existing zoning and identified nine areas where zoning designation were a lesser density than the land use plan map. Mr. O'Neill said the changes allowing a higher density to already existing single family areas, except in one case where the City Council changed a designation from single family to multifamily, since the area was already developed as multifamily. Chair Morrill opened the public meeting. Mr. O'Neill outlined the material contained in the staff report, including a summary of the areas size, current and surrounding designations and zoning, and staff's recommendation. Questions will be answered by staff. Area #1 - Mr. O'Neill said this area is located at the north end of the City, east of the SR167 and south of 192nd Street. Surrounding King County and Renton zoning is one unit per acre, and the parcels are large, generally over one acre, and currently zoned RA. Due to limited access and environmental concerns, staff recommends a zoning designation of R1-20. Commissioner MacIsaac questioned if Kent was violating their own comprehensive plan by lowering densities. Mr. O'Neill said they were not, since the plan defines land use designations as "up to" a certain density. No testimony was given. #CPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan Planning Commission Minutes July 24, 1995 Page 3 _ Area #2 - Matt Jackson gave the background concerning this area, which is located south of Area #1, along the Valley Freeway, and north of 208th Street. He said this 14 acre area is zoned RA, and that most of the lots are already developed. He said since this area is accessible by roads, the density of R1-12 is recommended by staff. No testimony was given. Area #3 - Mr. O'Neill gave the background concerning this area, which is located adjacent to Benson Road, and north of South 240th Street, east of the Beck annexation area. He said this 118 acre area is currently zoned R1-9.6 and staff is recommending R1-7.2, consistent with existing King County and City zoning. He said a correction to the staff report needs to be noted as the City Council recently changed the zoning to the north and tQ the west from R1-20 (Interim Zoning) to R1-9.6. John Walburn, of 23719 99 Avenue S, said his property borders the southern boundary of Area #3. He said he thought an R1-7.2 meant six units per acre, and asked how many units per acre the designation R1-9.6 represented. He also asked if 99th Avenue would become a through street if the area is zoned with a higher density. Les Loken, of 23206 100 Avenue SE, indicated a city park on the map and suggested a multifamily designation be extended north to South 231st Street to include this area. He gave reasons why this would be helpful to the neighborhood, children walking safely to the park and that an easement through his property would allow park access. He listed City projects currently in progress which he said indicates further residential development that could support additional multifamily development. He asked the Planning Commission to consider his request. Area #4 - Mr. Jackson said this 14 acre area was rezoned in 1989 from MRM to R1-5.0 in an effort to promote single family development. However, multifamily projects were already proposed for the vacant lots. Since this area is already built out as multifamily, staff recommends an MRG designation, as the City Council recommended a low density multi-family designation. Mr. O'Neill explained the difficulties involved if a non-conforming structure is destroyed and needed to be rebuilt. He said the present non-conforming provisions of the zoning code states that a medium density complex, provided it was constructed prior to 1973, could be rebuilt as a medium density rather than garden density. He said staff is recommending elimination of the date provision during the zoning code implementation.. Paul Morford, of PO Box 6345, Kent, said this entire area is built out at medium density, and expressed concern with the non-conforming issue from a financing and sales standpoint. He proposed zoning as MRM, as that was the zoning designation at the time he purchased the property approximately 12-15 years ago. He gave the zoning history of this area, and said it was time to correct the zoning back to MRM, instead of MRG, from single family designation. In response to Commissioner MacIsaac's request, Mr. Morford indicated his properties on the map and gave the zoning history of each. #CPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan Planning Commission Minutes July 24, 1995 Page 4 Commissioner Nuss asked staff to explain why MRG was recommended instead of MRM. Chair Morrill said this should be answered at the conclusion of the hearings. Area #5 - Mr. O'Neill said the MRM designation for this two acre area was proposed in response to a request by a property owner who owns an apartment complex that was split-zoned MRD and MRM. He said in the course of plotting the parcel, the adjacent single family residential property was inadvertently included on the map for proposed zoning of MRM. Lee Ann (Blessing) Johnson, of 320 North Summit Avenue said she owns the home located adjacent to the apartment complex at 308 North Summit Avenue, which asked to be zoned MRM. She distributed and read a statement objecting to the proposed MRM designation for her property, and asked that her property remain single family residential. Robert Zube, of 17302 SE 45th Street, Issaquah, owner of the apartment complex located at 308 North Summit Avenue, testified that he did not request the Johnson property be included in the MRM designation when he testified during the comprehensive plan public hearings. Area #6 - Mr. Jackson said the 109 acre site is located north of South 248th Street between 94th and 104th Avenues. He said the comprehensive plan designates this area as SF-8, and staff is recommending R1-5.0 and R1-7.2, from R1-7.2 and R1-9.6, as it is well served by services to support the recommended higher density. He also said street improvements are proposed for South 94th Avenue and South 248th Street. Mr. Jackson explained the proposed zoning changes as R1-5.0 for the area to the north and R1-7.2 for the area to the south. John Talbot of 10008 SE 245th Place said he is against lowering the lot size minimums, and says a group of citizens is petitioning the City Council to keep 100th Avenue and 244th Street closed from becoming through streets. Although his land will not be affected by the proposed change, Mr. Talbot expressed concern with possible new development which would cause 100th Avenue to be opened to through traffic. He also said he was notified only today of the public hearing and asked that communications improve regarding important issues as this. Joe Reichlin of 9425 South 247th said he has lived in this area for 25 years and that he has seen the area grow. He said he feels the density is fine the way it is, and additional density would cause a dangerous traffic situation. He said he opposes the proposed change from R1-7.2 to R1- 5.0. Jim Schmidt of 10019 SE 246th Place said he opposes the proposed change from R1-7.2 to R1- 5.0 for the same reasons stated previously. He stated also that the R1-5.0 would create a negative impact on the schools. Connie Ryerson of 10012 SE 244th Court said she agrees strongly with the previous testimonies. She presented a copy of a petition which was submitted to the City Council requesting that both 100th Avenue SE and South 244th Street remain non-through streets. She nCPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan Planning Commission Minutes July 24, 1995 Page 5 gave reasons supporting why these streets should remain closed, and that opening the streets would jeopardize safety of children walking to school. Ms. Ryerson said she strongly disagrees with the proposed zoning change. Commissioner Nuss asked why so many people were uninformed about the meeting tonight. Staff will respond later. When asked how the children are walking to school now, Ms. Ryerson responded there are gravel foot paths through the area and the children walk together in groups accompanied by older children. She said the path is far safer than a busy street with fast cars. Tony Zupan of 9928 South 248th Street said he has lived in hi§ neighborhood over 15 years, said he against the proposed changes for the area. He said additional density would create the need for more streets. He said the present zoning would be best for the neighborhood. Ken Noyce of 9820 South 245th Place testified that he strongly objects to the proposed R1-5.0 zoning. He listed a variety of planning changes he has seen in his neighborhood which have created negative impacts. He said he is concerned about safety for the children walking to school, by increased traffic, and by drivers who do not slow down when children are walking down the street. David McGrew (did not sign the roster) said he was in favor of the change to R1-7.2, and that R1-9.6 is too large and restrictive. Mr. O'Neill clarified that existing zoning as R1-7.2 on the east side of 100th, and R1-9.6 on the west side. Area #7 - Mr. O'Neill described this area as 8 acres located in the southwest corner of SE 232nd Street and 112th Avenue SE. He said the comprehensive plan designation is SF-6, consistent with surrounding county, and staff recommends changing the zoning from R1-9.6 to R1-7.2. No testimony was given. Area #8 - Mr. Jackson stated this 9 acre area is located south of 240th, at the SW comer of 116th Avenue SE, with a current zoning of R1-12. He said staff recommends R1.-7.2, consistent with surrounding zoning and the comprehensive plan. When asked why R1-5.0 was not recommended, Mr. Jackson said the change from R1-12 to R1-5.0 would be too substantial, and RI-7.2 was a fair compromise. Mr. Jackson said there was prior public testimony to support the SF-6 request through the Planning Commission, Planning Committee and the City Council. No testimony was given. #CPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan Planning Commission Minutes July 24, 1995 PaQe 6 Area #9 - Mr. O'Neill said this 12 acre area is located at the northwest corner of 116th Avenue SE and Kent Kangley Road, and that existing zoning is R1-7.2. He explained that this area is surrounded by multifamily and that a property owner requested a multifamily designation for this area, which was denied by the City Council. Therefore, to allow a higher density, R1-5.0 is recommended. When asked if there was a multifamily development east of 116th Avenue, Mr. O'Neill said it may only zoned multifamily, without an actual multifamily development. Tom Sharp of 11126 SE 256th Street said he was the individual who was denied the multifamily request. Mr. Sharp gave reasons why his property should be zoned MRM or MRG, rather than creating a single family island, and stated it is very difficult to sell a house which is located next door to an.apartment complex. He confirmed that he is requesting a split zoning to square off the zoning of the 2 acre parcel. Chair Morrill asked if anyone else present wished to speak. Bernel Thorley of 23805 99th Avenue South said his area is between Area #6 and Area #3. He asked several questions including if it is the City's goal or policy to develop at a higher densities, and if so, whether the quality of life and traffic concerns were considered. He said he felt 5,000 square foot lots would destroy the rural atmosphere of the area, as well as creating an area of lower priced homes. Chair Morrill responded that it was not a goal of the City. Commissioner Nuss MOVED to close the public hearing. Commissioner Dozier SECONDED the motion. The motion CARRIED unanimously. At the request of the Chair, Mr. O'Neill answered questions which were presented during the public hearing. Regarding Area #3 and the future opening of 99th Avenue, Mr. O'Neill concurred with Ed White, Traffic Engineer, that there were no immediate plans to do so. Concerning the extension of multifamily near 231st, Mr. O'Neill stated that the purpose of this meeting is to implement zoning to conform to the comprehensive plan, which has designated this area as SF-6. . He further explained the legal issues involved with the Growth Management Act (GMA) requirements. He said this process includes adoption of the Comprehensive Plan, which was accomplished on April 18, 1995, and consistency and implementation of development regulations to the comprehensive plan. Regarding Area #4, Mr. O'Neill said the specific differences between MRG and MRM zoning were discussed at hearings and that the City Council designated this area as Low Density Multifamily because they did not want additional multifamily units developed in that area. On Area #5, Mr. O'Neill said staff inadvertently included Mrs. Johnson's parcel in the MRM zoning, and staff concurs with the proposal to zone the property R1-7.2. #CPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan Planning Commission Minutes July 24, 1995 Page 7 ` Mr. O'Neill said pertaining to the issues on Area #6, public notices were mailed over ten days prior to the hearing, and that he was concerned why so many property owners received late notices or none at all. He said this area offers a lot of development potential, because of the large lots. Concerning traffic, he said this area is included in the City Council adopted six-year transportation improvement program, which plans to widen and improve 94th Avenue and 248th Street. Commissioner Stringham asked Mr. White the status of potentially making 100th Avenue a through street. Mr. White said the Public Works Committee recently met with residents of the area,Vwho submitted a petition requesting 100th remain closed to through traffic. He said because of the approval of the Hilltop Development, 244th will be opened. On Area #9, Mr. O'Neill said it would take a comprehensive plan amendment to achieve the request for a multifamily designation. He said a broad policy decision was made by the City during the drafting of the comprehensive plan, to not change single family zoning to multifamily. He reiterated that one of the City's overall policy of the comprehensive plan is to try to accommodate the city's projected household growth as much as possible with single-family residential development. The Commissioners decided to deliberate on each area separately. Commissioner Dozier MOVED to accept staffs recommendation for Area #1. Commissioner Nuss SECONDED the motion. Discussion: Commissioner Maclsaac asked that the commission be aware that this area is down-zoned, and concern should be given regarding meeting Kent's future housing goals. It was noted that no one testified on this issue. The motion CARRIED. (Nay - Commissioner Maclsaac) Commissioner Stringham MOVED to accept staffs recommendation for Area #2. Commissioner Maclsaac SECONDED the motion. The motion CARRIED unanimously. Commissioner Nuss MOVED to accept staff's recommendation for Area #3. Commissioner Stringham SECONDED the motion. Discussion: Commissioner Stringham said that on many Of the decisions the Planning Commission makes, the Commission does not have a choice. He explained that laws from the Growth Management Act, passed by the State Legislature, and the County-wide Planning Policies, passed by King.County, dictate how much growth the City will accommodate. He said smaller lot sizes is one method promoting additional single family housing, instead of resorting to additional multifamily development when housing targets are not achieved by the end of the growth period. Commissioner Nuss said she, and perhaps other Commissioners, were not in agreement with Commissioner Stringham's statement. The motion CARRIED. (Nay - Commissioners Dozier, Pattison) #CPZ-95-I - Zoning Map Amendments to Implement the Comprehensive Plan Planning Commission Minutes July 24, 1995 " Page 8 Commissioner MacIsaac MOVED to change Area #4 to an MRM designation to remain consistent with the existing structures. Commissioner Stringham SECONDED the motion. The motion CARRIED. (Nay - Commissioner Dahle) Commissioner Epperly MOVED to accept staff's recommendation of MRM for Area #5, but removing the single family residence located on the northwest corner, which would be zoned R1- 7.2. Commissioner Stringham SECONDED the motion. The motion CARRIED unanimously. Commissioner Nuss MOVED to keep Area #6 as R1-7.2 as requested by the citizens. Commissioner Heineman SECONDED the motion. Discussion: The Commission received a clarification from Mr. O'Neill on current zoning. Commissioner Nuss asked to change her original motion to state that she wished to accept R1-9.6 and R1-,7.2, out of respect to the safety of the children in the area. Commissioner Dozier SECONDED the motion. Discussion: Commissioner Dahle asked if the entire area could be zoned R1-7.2, which would lower the number of new children to the neighborhood and still retain property values. The Commissioners also discussed if it was zoned R1-7.2, if 100th Avenue could remain as a non- through street. Mr. O'Neill said he could not make that guarantee. Commissioner MacIsaac expressed his concern regarding acquiring details for slated street improvements for this area, and Mr. White provided the types background material used to base improvements to roadways. In response to Commissioner Maclsaac's questions, Mr. White said financing is currently not available to place a traffic light at 94th Avenue and Canyon Drive, nor Strawberry Lane. He said there was an insignificant difference in peak hour trips generated when comparing zoning of R1-9.6 and R1-7.2, but pass through traffic would increase substantially if 100th Avenue is opened. Commissioner Heineman said in response to the comment concerning a law requiring that we have a specified number of housing units allowed for growth, he said he has a copy of a letter from a State official which states that Kent was at the extreme upper end of the range for housing growth projections. Several Commissioners expressed their interest in obtaining a copy of the letter. Fred Satterstrom, Planning Manager explained the letter Commissioner Heineman refers to was sent to the City late last year from the Department of Community and Economic Trade. He said during the comprehensive plan process, a household target number of 7,520 was derived. He said after the target figure had been established and the draft comprehensive plan created, the Urban Centers Committee developed ranges which were presented to the GMPC. He said our City Council never acted on the target ranges, which Kent's low end was approximately 6,000 households. Mr. Satterstrom said the State wanted to use the midpoint figure, and the actual figure will fluctuate. Commissioner Nuss added that she was aware of the letter and the adjustments at GMPC hearings. Commissioner Nuss withdrew her motion. Commissioner Dozier MOVED to leave the zoning as is for Area #6. Commissioner Heineman SECONDED the motion. The motion CARRIED unanimously. #CPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan Planning Commission Minutes July 24, 1995 Page 9 Commissioner Dozier MOVED to accept staff's recommendation for Area #7. Commissioner Nuss SECONDED the motion. The motion CARRIED unanimously. Commissioner Dozier MOVED to accept staff's recommendation for Area #8. Commissioner Epperly SECONDED the motion. The motion CARRIED unanimously. Commissioner MacIsaac MOVED to accept staff's recommendation for Area#9. Commissioner Heineman SECONDED the motion. The motion CARRIED unanimously. Commissioner Stringham said for the benefit of those property owners in Area #9, the Comprehensive Plan will be reviewed on an annual basis, and he suggested requests for multifamily zoning be addressed at the City Council meetings. Be said property owners could ask the Council to explain why the area was designated single family. Commissioner Pattison MOVED that the Planning Department staff review the method of notification � of citizens, and present it to the next Planning Commission Workshop. Commissioner Stringham SECONDED the motion. Commissioner Dahle added that the public notice was in the local newspaper three times. The motion CARRIED. GOOD OF THE ORDER - There were no items. It was MOVED and SECONDED to adjourn the meeting. The motion CARRIED. The meeting adjourned at 9:35 p.m. Respectfully submitted, jecr es P. Harris etary #CPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan i � 1 o: President Judy Woods, and all r, mh,, rs of the City Council; In consideration of the City of Kent's Planning Department's rexrrendati,c;, for potential arrenrents to the Kent Zoning Map, residents of the nor`�st corner of area six encourages the City Council to adopt a limited apolicaticn of the Zoning Map Pmendnants proposed by the Planning Department of the C-,`v of Kent. The undersigned propert-, .owners prapcse and do support zcn ng ran a-f-ncy�:ts for the nor-Lnwest corner of area six; from PI-9.6 to RI-7.2. F,e feel that by prcccessirg a re-zone in t'-.is rr=er, the objectives set forth by the CC::- he-s ve Plan could be net while at the same t__i*re dire ctly responding to local organs regarding the prep_osed changes. One cone i involved the issue of pedestrian safety on 94th ave. uhd. _- t i5 limited appLcation of zon-Lng arry ndar-ants, anv ne<r; develcprrent that shculd cc-,- Would be directly adjacent to the neT.a Walnut Crove and Walnut Ridge suo�iv_sians. Therefore any nog de,,elcment that should occur would tie directly into- t'.e in- _rassacture already in place with the develC=ent already undertaKen Ln the area. ., Wit:r Ll n this conte.Yt, we bet:.eve tiaz- anV P_e`N cevelcumnt generated would i 7(=-e _Se pedestrian safeta, not di* Lnish it. A second concern raised was that of increased derzi-v. it should be noted that a rrajori t-_7 of those who accu:ally own tze grope-rty under considerate cn, support a limited chance in zoning. in addlt-On, we believe that a 1i-mite G.ance would have a minimal i=,act on density when one considers the configurations of those tracts w; lch are large enough to be di r_der. ka-anding the Zoning Map would acocmoLsh greater fle-dbl ty with resm.ec-t to lot place.rent, lot cenfi guratlons and general astectic's should subdivision occur. Thirdly, 1t should be noted that those five residents OwnLLia rrG'.e'"tJ in the e.Y'�S' TCE nor`u'.Sv�st corner Of area si'{, OLJI; lots that are 6.7 feet Wide and over 300 feet in le_ncmh. Re-zoning as requested would be a first step tcw7ards viable develoam-rit for these prcpe -yes Ln the _atura. On a final note, We would point out that in bri ngina this area L ntd cc:— fOZiTLit'�7 W"i t}1 the CCR[LrehE_^S1V2 Plan `he C'�_i wCiilld ac.'`"`ilr ii h of- zhe Zoning dis t'1cts witL^_ an area that is alr==r:;7 Or=.dCIiLlnat,1V cI-%.2. Please see the attached nams ccnce_rTiLng the area in auesticn. Included below are the names and addresses of twse prcpemcy owners ( within this specific area wino suDr-ort a change in zoning from Pa-96 to RI-7.2. Sinc--- ely; David Mc-ea 24220 94th ave. S. YPrit Wa. 9803T N7lI S AND ADDRESSES OF PROP=- 0;,, = ;qM SUPPOFC A L w-= RE-Z= F PTA? S= NAPE ADDRESS Ple a see the as nps concerning the area in questi.cn. •Included below are the names and addresses of tl�ose nrore'-ty owners ( witlin this ski=ic area who stmpert a change in zoning from PT-9;6 to RI-7-2- Sin eiv; C J r r --—� David 2h�eew (� 24220 94th ave. S._ Rent Wa. 9803I Nr�S AND ADDEESSF DF PFQ7P�T'Y Cfr = �v�i0 _,zr5 FT A L i ff= RE-ZaE CF PI SIX ADDRESS vVI/ -. - -\. �Y="� "��•-�r"'""".r� _-'K'- .�.r�+a-� , J - ~ ~`�r„o�T �.rs:� tc i—_ __ — �' _ .`'��-sT�i3 �r.'^'a'-•--•tom _ -_�rl:"a�`�_��cv,-��� V� �� � - - F'..- M1.�TJ�^+F'��N'•':.'+r ��I 4.�1 >sr��� 'mil^tom ' � J — , ��s;f""SV rn-.t'.-=t�-�'. - -�r-.:a►�c-tis�ur''�+y. .-�.+�-� - - — ZK ' _ �`: "tom--.. t <.�-•-T-� ��.�•�"'-�4 -`-'e+ �.-`e_- �-�'-'�i�-�C`- � - v7--�-•n c•,��- - � J ;. •-• 3•�r-f �-w�.�R"�', ���-✓-�r'_'c?�..c"�I :�"�.i.31'.1.-��J�oaT�t.. � `��^.1 - - - - �� ��`� � �� �—i -rd.� � - '�{�1 -_� Vie"' �•�r .u� � i i4rs. Art:nur t.aarmai__ 24418 96th Ave. So. Kent, ',da. 98031 TO: =- ILN' O'NEILL, SZ2:IO L.u; �� We are writti na to you in reference to the Zoning P•Iap Amendments to Implement the Comprehensive Plan. Cur lots are located west of 100th at 244th It. We would like for you to reconsider the razoning of our lots to R1-5.0 as was proposed at your last meeting. In looking at the map you can see our uwo lots are long and very narrow and to use it to t^.e greatest p cten �i�al for future single—family residential capacity we are hoping for reconsideration to the rezonirg proposal. Thank—you Deborah St.vermain LEONARD R. STANLEY 8 16814 N .E. 116th St. Redmond, WA 98052 PLANNMGCU:C CITY C' September 15 , 1995 James P. Harris. Planning Director 220 4th Avenue South Kent, WA 98032 Dear Mr. Harris, I am writing you this letter to inform you that I am in support of the R1 . 5 . 0 . -zoning. I currently have an earnest money and plan to develop the property located at 24411 98th Avenue South in Kent, ( tax lot #9237) . Sincerely, ? I�'�nk Leonard R. Stanley -0 LiJ K,Q4 T Lc,A 1995- C --..2 4-4 1-1--/g W Y4E� Planning Commission Minutes July 24, 1995 Page 2 COMMUNICATIONS Jim Harris, Planning Director, announced that the Boundary Review Board approved the Meridian annexation boundary, an area of 5.3 square miles with a population of 20,000 persons. He said the formal decision will made on August loth, at which time a resolution will be passed. Mr. Harris said this annexation will impact the Planning Commission in the future as there will be several meetings on zoning as well as review of the comprehensive plan. He said the intent of the City Council is to have the annexation take effect on January 1, 1996, and to have the zoning in place at that time. NOTICE OF UPCOMING MEETINGS - None #CPZ-95-1 COMPREHENSIVE PLAN IMPLEMENTATION-ZONING MAP AMENDMENT Kevin O'Neill, Senior Planner, presented background of the Zoning Map Amendment process, and its correlation to the recently adopted Kent Comprehensive Plan. He referred to the staff report entitled Zoning Map Amendments to Implement the Comprehensive Plan. Phase I - East Hill, which contains information on the locations of tonight's proposed amendments, as well as colored maps which indicate land use designations and current zoning districts. He said staff compared the land use plan map to existing zoning and identified nine areas where zoning designation were a lesser density than the land use plan map. Mr. O'Neill said the changes allowing a higher density to already existing single family areas, except in one case where the City Council changed a designation from single family to multifamily, since the area was already developed as multifamily. Chair Morrill opened the public meeting. Mr. O'Neill outlined the material contained in the staff report, including a summary of the areas size, current and surrounding designations and zoning, and staff's recommendation. Questions will be answered by staff. Area #1 - Mr. O'Neill said this area is located at the north end of the City, east of the SR167 and south of 192nd Street. Surrounding King County and Renton zoning is one unit per acre, and the parcels are large, generally over one acre, and currently zoned. RA. Due to limited access and environmental concerns, staff recommends a zoning designation of R1-20. Commissioner MacIsaac questioned if Kent was violating their own comprehensive plan by lowering densities. Mr. O'Neill said they were not, since the plan defines land use designations as "up to" a certain density. No testimony was given. #CPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan Planning Commission Minutes July 24, 1995 Page 3 Area #2 - Matt Jackson gave the background concerning this area, which is located south of Area #1, along the Valley Freeway, and north of 208th Street. He said this 14 acre area is zoned RA, and that most of the lots are already developed. He said since this area is accessible by roads, the density of R1-12 is recommended by staff. No testimony was given. Area #3 - Mr. O'Neill Gave the background concerning this area, which is located adjacent to Benson Road, and north of South 240th Street, east of the Beck annexation area. He said this 118 acre area is currently zoned R1-9.6 and staff is recommending R1-7.2, consistent with existing King County and City zoning. He said a correction to the staff report needs to be noted as the City Council recently changed the zoning to the north and to the west from R1-20 (Interim Zoning) to R1-9.6. John Walburn, of 23719 99 Avenue S, said his property borders the southern boundary of Area #3. He said he thought an R1-7.2 meant six units per acre, and asked how many units per acre the designation R1-9.6 represented. He also asked if 99th Avenue would become a through street if the area is zoned with a higher density. Les Loken, of 23206 100 Avenue SE, indicated a city park on the map and suggested a multifamily designation be extended north to South 231st Street to include this area. He gave reasons why this would be helpful to the neighborhood, children walking safely to the park and that an easement through his property would allow park access. He listed City projects currently in progress which he said indicates further residential development that could support additional multifamily development. He asked the Planning Commission to consider his request. Area #4 - Mr. Jackson said this 14 acre area was rezoned in 1989 from MRM to R1-5.0 in an effort to promote single family development. However, multifamily projects were already proposed for the vacant lots. Since this area is already built out as multifamily, staff recommends an MRG designation, as the City Council recommended a low density multi-family designation. Mr. O'Neill explained the difficulties involved if a non-conforming structure is destroyed and needed to be rebuilt. He said the present non-conforming provisions of the zoning code states that a medium density complex, provided it was constructed prior to 1973, could be rebuilt as a medium density rather than garden density. He said staff is recommending elimination of the date provision during the zoning code implementation. Paul Morford, of PO Box 6345, Kent, said this entire area is built out at medium density, and expressed concern with the non-conforming issue from a financing and sales standpoint. He proposed zoning as MRM, as that was the zoning designation at the time he purchased the property approximately 12-15 years ago. He gave the zoning history of this area, and said it was time to correct the zoning back to MRM, instead of MRG, from single family designation. In response to Commissioner MacIsaac's request, Mr. Morford indicated his properties on the map and gave the zoning history of each. #CPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan Planning Commission Minutes July 24, 1995 Page 4 Commissioner Nuss asked staff to explain why MRG was recommended instead of MRM. Chair Morrill said this should be answered at the conclusion of the hearings. Area #5 - Mr. O'Neill said the MRM designation for this two acre area was proposed in response to a request by a property owner who owns an apartment complex that was split-zoned MRD and MRM. He said in the course of plotting the parcel, the adjacent single family residential property was inadvertently included on the map for proposed zoning of MRM. Lee Ann (Blessing) Johnson, of 320 North Summit Avenue said she owns the home located adjacent to the apartment complex at 308 North Summit Avenue, which asked to be zoned MRM. She distributed and read a statement objecting to the proposed MRM designation for her property, and asked that her property remain single family residential. Robert Zube, of 17302 SE 45th Street, Issaquah, owner of the apartment complex located at 308 North Summit Avenue, testified that he did not request the Johnson property be included in the MRM designation when he testified during the comprehensive plan public hearings. Area #6 - Mr. Jackson said the 109 acre site is located north of South 248th Street between 94th and 104th Avenues. He said the comprehensive plan designates this area as SF-8, and staff is recommending R1-5.0 and R1-7.2, from R1-7.2 and R1-9.6, as it is well served by services to support the recommended higher density. He also said street improvements are proposed for South 94th Avenue and South 248th Street. Mr. Jackson explained the proposed zoning changes as R1-5.0 for the area to the north and R1-7.2 for the area to the south. John Talbot of 10008 SE 245th Place said he is against lowering the lot size minimums, and says a group of citizens is petitioning the City Council to keep 100th Avenue and 244th Street closed from becoming through streets. Although his land will not be affected by the proposed change, Mr. Talbot expressed concern with possible new development which would cause 100th Avenue to be opened to through traffic. He also said he was notified only today of the public hearing and asked that communications improve regarding important issues as this. Joe Reichlin of 9425 South 247th said he has lived in this area for 25 years and that he has seen the area grow. He said he feels the density is fine the way it is, and additional density would cause a dangerous traffic situation. He said he opposes the proposed change from R1-7.2 to Rl- 5.0. Jim Schmidt of 10019 SE 246th Place said he opposes the proposed change from R1-7.2 to Rl- 5.0 for the same reasons stated previously. He stated also that the R1-5.0 would create a negative impact on the schools. Connie Ryerson of 10012 SE 244th Court said she agrees strongly with the previous testimonies. She presented a copy of a petition which was submitted to the City Council requesting that both 100th Avenue SE and South 244th Street remain non-through streets. She ~- #CPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan Planning Commission Minutes July 24, 1995 Page 5 gave reasons supportin'g why these streets should remain closed, and that opening the streets would jeopardize safety of children walking to school. Ms. Ryerson said she strongly disagrees with the proposed zoning change. Commissioner Nuss asked why so many people were uninformed about the meeting tonight. Staff will respond later. When asked how the children are walking to school now, Ms. Ryerson responded there are gravel foot paths through the area and the children walk together in groups accompanied by older children. She said the path is far safer than a busy street with fast cars. Tony Zupan of 9928 South 248th Street said he has lived in hjs neighborhood over 15 years, said he against the proposed changes for the area. He said additional density would create the need for more streets. He said the present zoning would be best for the neighborhood. Ken Noyce of 9820 South 245th Place testified that he strongly objects to the proposed R1-5.0 zoning. He listed a variety of planning changes he has seen in his neighborhood which have created negative impacts. He said he is concerned about safety for the children walking to school, by increased traffic, and by drivers who do not slow down when children are walking down the street. David McGrew (did not sign the roster) said he was in favor of the change to R1-7.2, and that R1-9.6 is too large and restrictive. Mr. O'Neill clarified that existing zoning as R1-7.2 on the east side of 100th, and R1-9.6 on the west side. Area #7 - Mr. O'Neill described this area as 8 acres located in the southwest comer of SE 232nd Street and 112th Avenue SE. He said the comprehensive plan designation is SF-6, consistent with surrounding county, and staff recommends changing the zoning from R1-9.6 to R1-7.2. No testimony was given. Area #8 - Mr. Jackson stated this 9 acre area is located south of 240th, at the SW corner of 116th Avenue SE, with a current zoning of R1-12. He said staff recommends R1-7.2, consistent with surrounding zoning and the comprehensive plan. When asked why R1-5.0 was not recommended, Mr. Jackson said the change from R1-12 to R1-5.0 would be too substantial, and R1-7.2 was a fair compromise. Mr. Jackson said there was prior public testimony to support the SF-6 request through the Planning Commission, Planning Committee and the City Council. No testimony was given. #CPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan Planning Commission Minutes July 24, 1995 Page 6 Area #9 - Mr. O'Neill said this 12 acre area is located at the northwest corner of 116th Avenue SE and Kent Kangley Road, and that existing zoning is R1-7.2. He explained that this area is surrounded by multifamily and that a property owner requested a multifamily designation for this area, which was denied by the City Council. Therefore, to allow a higher density, R1-5.0 is recommended. When asked if there was a multifamily development east of 116th Avenue, Mr. O'Neill said it may only zoned multifamily, without an actual multifamily development. Tom Sharp of 11126 SE 256th Street said he was the individual who was denied the multifamily request. Mr. Sharp gave reasons why his property should be zoned MRi\l or MRG, rather than creating a single family island, and stated it is very difficult to sell a house which is located next door to an apartment complex. He confirmed that he is requesting a split zoning to square off the zoning of the 2 acre parcel. Chair Morrill asked if anyone else present wished to speak. Bernel Thorley of 23805 99th Avenue South said his area is between Area #6 and Area#3. He asked several questions including if it is the City's goal or policy to develop at a higher densities, and if so, whether the quality of life and traffic concerns were considered. He said he felt 5,000 square foot lots would destroy the rural atmosphere of the area, as well as creating an area of lower priced homes. Chair Morrill responded that it was not a goal of the City. Commissioner Nuss MOVED to close the public hearing. Commissioner Dozier SECONDED the motion. The motion CARRIED unanimously. At the request of the Chair, Mr. O'Neill answered questions which were presented during the public hearing. Regarding Area #3 and the future opening of 99th Avenue, Mr. O'Neill concurred with Ed White, Traffic Engineer, that there were no immediate plans to do so. Concerning the extension of multifamily near 231st, Mr. O'Neill stated that the purpose of this meeting is to implement zoning to conform to the comprehensive plan, which has designated this area as SF-6. He further explained the legal issues involved with the Growth Management Act (GMA) requirements. He said this process includes adoption of the Comprehensive Plan, which was accomplished on April 18, 1995, and consistency and implementation of development regulations to the comprehensive plan. Regarding Area #4, Mr. O'Neill said the specific differences between MRG and MRM zoning were discussed at hearings and that the City Council designated this area as Low Density Multifamily because they did not want additional multifamily units developed in that area. On Area #5, Mr. O'Neill said staff inadvertently included Mrs. Johnson's parcel in the MRM zoning, and staff concurs with the proposal to zone the property R1-7.2. #CPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan Planning Commission Minutes July 24, 1995 Page 7 Mr. O'Neill said pertaining to the issues on Area #6, public notices were mailed over ten days prior to the hearing, and that he was concerned why so many property owners received late notices or none at all. He said this area offers a lot of development potential, because of the large lots. Concerning traffic, he said this area is included in the City Council adopted six-year transportation improvement program, which plans to widen and improve 94th Avenue and 248th Street. Commissioner Stringham asked Mr. White the status of potentially making 100th Avenue a through street. Mr. White said the Public Works Committee recently met with residents of the area, who .submitted a petition requesting 100th remain closed to through traffic. He said because of the approval of the Hilltop Development, 244th will be opened. On Area #9, Mr. O'Neill said it would take a comprehensive plan amendment to achieve the request for a multifamily designation. He said a broad policy decision was made by the City during the drafting of the comprehensive plan, to not change single family zoning to multifamily. He reiterated that one of the City's overall policy of the comprehensive plan is to try to accommodate the city's projected household growth as much as possible with single-family residential development. The Commissioners decided to deliberate on each area separately. Commissioner Dozier MOVED to accept staff's recommendation for Area #1. Commissioner Nuss SECONDED the motion. Discussion: Commissioner MacIsaac asked that the commission be aware that this area is down-zoned, and concern should be given regarding meeting Kent's future housing goals. It was noted that no one testified on this issue. The motion CARRIED. (Nay - Commissioner MacIsaac) Commissioner Stringham MOVED to accept staff's recommendation for Area #2. Commissioner MacIsaac SECONDED the motion. The motion CARRIED unanimously. Commissioner Nuss MOVED to accept staff's recommendation for Area #1 Commissioner Stringham SECONDED the motion. Discussion: Commissioner Stringham said that on many of the decisions the Planning Commission makes, the Commission does not have a choice. He explained that laws from the Growth Management Act, passed by the State Legislature, and the County-wide Planning Policies, passed by King County, dictate how much growth the City will accommodate. He said smaller lot sizes is one method promoting additional single family housing, instead of resorting to additional multifamily development when housing targets are not achieved by the end of the growth period. Commissioner Nuss said she, and perhaps other Commissioners, were not in agreement with Commissioner Stringham's statement. The motion CARRIED. (Nay - Commissioners Dozier, Pattison) #CPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan Planning Commission Minutes July 24, 1995 Page 8 Commissioner MacIsaac MOVED to change Area #4 to an MRM designation to remain consistent with the existing structures. Commissioner Stringham SECONDED the motion. The motion CARRIED. (Nay - Commissioner Dahle) Commissioner Epperly MOVED to accept staff's recommendation of MRM for Area #5, but removing the single family residence located on the northwest corner, which would be zoned R1- 7.2. Commissioner Stringham SECONDED the motion. The motion CARRIED unanimously. Commissioner Nuss MOVED to keep Area #6 as R1-7.2 as requested by the citizens. Commissioner Heineman SECONDED the motion. Discussion: The Commission received a clarification from Mr. O'Neill on current zoning. Commissioner Nuss asked to change her original motion to state that she wished to accept RI-9.6 and R1,7.2, out of respect to the safer- of the children in the area. Commissioner Dozier SECONDED the motion. Discussion: Commissioner Dahle asked if the entire area could be zoned RI-7.2, which would lower the number of new children to the neighborhood and still retain property values. The Commissioners also discussed if it was zoned R1-7.2, if 100th Avenue could remain as a non- through street. Mr. O'Neill said he could not make that guarantee. Commissioner Maclsaac expressed his concern regarding acquiring details for slated street improvements for this area. and Mr. White provided the types background material used to base improvements to roadways. In response to Commissioner MacIsaac's questions, Mr. White said financing is currently not available to place a traffic light at 94th Avenue and Canyon Drive, nor Strawberry Lane. He said there was an insignificant difference in peak hour trips generated when comparing zoning of R1-9.6 and R1-7.2, but pass through traffic would increase substantially if 100th Avenue is opened. Commissioner Heineman said in response to the comment concerning a law requiring that we have a specified number of housing units allowed for growth, he said he has a copy of a letter from a State official which states that Kent was at the extreme upper end of the range for housing growth projections. Several Commissioners expressed their interest in obtaining a copy of the letter. Fred Satterstrom, Planning Manager explained the letter Commissioner Heineman refers to was sent to the City late last year from the Department of Community and Economic Trade. He said during the comprehensive plan process, a household target number of 7,520 was derived. He said after the target figure had been established and the draft comprehensive plan created, the Urban Centers Committee developed ranges which were presented to the GMPC. He said our City Council never acted on the target ranges, which Kent's low end was approximately 6,000 households. Mr. Satterstrom said the State wanted to use the midpoint figure, and the actual figure will fluctuate. Commissioner Nuss added that she was aware of the letter and the adjustments at GMPC hearings. Commissioner Nuss withdrew her motion. Commissioner Dozier MOVED to leave the zoning as is for Area #6. Commissioner Heineman SECONDED the motion. The motion CARRIED unanimously. #CPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan Planning Commission Minutes July 24, 1995 �••- Page 9 Commissioner Dozier MOVED to accept staff's recommendation for Area #7. Commissioner Nuss SECONDED the motion. The motion CARRIED unanimously. Commissioner Dozier MOVED to accept staff's recommendation for Area #8. Commissioner Epperly SECONDED the motion. The motion CARRIED unanimously. Commissioner MacIsaac MOVED to accept staff's recommendation for Area #9. Commissioner Heineman SECONDED the motion. The motion CARRIED unanimously. Commissioner Stringham said for the benefit of those property owners in Area #9, the Comprehensive Plan will be reviewed on an annual basis, and he suggested requests for multifamily zoning be addressed at the City Council meetings. He said property owners could ask the Council to explain why the area was designated single family. Commissioner Pattison MOVED that the Planning Department staff review the method of notification of citizens, and present it to the next Planning Commission Workshop. . Commissioner Stringham SECONDED the motion. Commissioner Dahle added that the public notice was in the local newspaper three times. The motion CARRIED. GOOD OF THE ORDER - There were no items. It was MOVED and SECONDED to adjourn the meeting. The motion CARRIED. The meeting adjourned at 9:35 p.m. Respectfully submitted, J'Js P. Harris etary #CPZ-95-1 - Zoning Map Amendments to Implement the Comprehensive Plan )p Kent City Council Meeting Date November "1 1995 Category Bids 1. SUBJECT: 1996-1998 STREET SWEEPING SERVICE 2 . SUMMARY STATEMENT: The bid opening for this project was held on October 31 with only one responsive bid received. The lowest responsive bid was submitted by Action Services Corporation of Bremerton in the amount of $12,495.47, or $149,945. 64 per year. The project consists of street sweeping residential, industrial and downtown core areas within the City limits including the Meridian Annexation Area. 3 . EXHIBITS: Bid summary memorandum r 4 . RECOMMENDED BY: Public Works Direc or (Committee, Staff, Examiner, Couimission, etc. ) i 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REOUIRED: $12 95.47 per month SOURCE OF FUNDS: Storm O eratin Budget 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that the 1996-1998 Street Sweeping Contract be awarded to Action Services Corporation for the bid amount of $12, 495.47 per month. ) DISCUSSION• " rr ACTION: Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS - November 2, 1995 TO: Mayor &z City Council FROM: Don Wickstrom RE: 1996-1998 Street Sweeping Service Contract Bid opening for this Service Contract was held on Tuesday, October 31st with three bids received. The lowest responsive bid was submitted by Action Services, Inc. in the amount of $12,495.47 per month ($149,945.64 per year). The apparent low bid submitted by Northwest Pipe &Parking Lot Cleaning was deemed non-responsive for failure to comply with the contract requirement and equipment specifications. Therefore, it is the recommendation of the Public Works Director that the 1996- 1998 Street Sweeping Service Contract be awarded to Action Services Corporation for the bid amount of $12,495.47 per month ($149,945.64 per year). BID SUMMARY Northwest Pipe &_Parking Lot Cleaning 12,230.35/month Action Services Corporation 12,495.47/month Best Parking Lot Cleaning No bid bond included MOTION: Councilmember moves, Councilmember seconds that the 1996-1998 Street Sweeping Contract be awarded to Action Services Corporation for the bid amount of $12,495.47 per month. CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE Y �n C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE t cw� P Q-C- -! E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS L� OPERATIONS COMMITTEE MINUTES OCTOBER 11 , 1995 COMMITTEE MEMBERS PRESENT: Jon Johnson-Committee Chair, Christi Houser, Leona Orr STAFF PRE SENT: Kelly Brown,Ed Crawford,Sharon Hayden,Roger Lubovich,Brent McFall,Judge McSeveney, May Miller, Kelli O'Donnell, Leona Orr, MEMBERS OF THE PUBLIC: Mr. Chen The meeting was called to order at 9:38 a.m. by Chairperson Johnson. Approval of Vouchers: All claims for.the'period ending September 29, 1995, in the amount of $1,105,612.81 were approved for payment. Municipal Court Report Director of Operations Brent McFall noted that the Committee previously requested a comparison of Aukeen District Court charges to the expenses of Kent Municipal Court. McFall stated that a report had been distributed with the agenda and that Judge McSeveney, Chief Crawford, and Roger Lubovich were invited to speak to the Committee regarding how the system is actually working compared to the district court system. Court Administrator Kelly Brown explained that in 1993 police officer overtime for court appearances was at $73,000 which had been reduced to $25,000 in 1994. Judge McSeveney stated that in 1994 the Court made a commitment to tighten up the system to provide better service in scheduling bench trials and motions. This resulted in calendaring these items for Thursdays and Fridays when most officers are on duty thus reducing overtime. In addition, monitoring of fines and probation has also been improved. McSeveney stated that he had sent out a"How are we doing?" letter to the 129 lawyers utilizing the Court in 1994 and received no negative responses. McFall pointed out that there is also a certain amount of lead time in collection of fines. Kelly added that the Office of the Administrator of the Courts and the State Auditor have stated that it normally takes three to five years to establish accounts receivables. She stated that it is remarkable that after two years we will equal Aukeen's numbers which has been a long established court. During further comments, McSeveney noted the limitations of only one courtroom. City Attorney Lubovich stated that the figures used in the comparison were the actual filing fees for Aukeen in 1993. He noted that new fees were proposed at a much higher rate which facilitated the City dropping out. Roger explained that the secondary theme was the drive to improve service. The Municipal Court compliments the attorney and police operations; Aukeen made no accommodations. Since the move to Kent Municipal Court, domestic violence cases have been dealt with to cut down repeat offenders. Lubovich gave additional examples of improvements in service to the citizens of Kent. Chief of Police Ed Crawford explained to the Committee that while at Aukeen an officer would work until 3 or 4 a.m. and come into court for a 9 a.m. hearing but attorneys would show up late leaving officers waiting. The Municipal Court has consistent starting times. He noted that McSeveney is also the Co-Chair of the Domestic Violence Committee and serves as a voice of the constitution. Crawford stated that there have been many positive improvements including scheduling consistency and responsiveness to the City. He concluded that on the police side there are two issues that need to be addressed down the road: video arraignment and added security. Finance Director May Miller stated that on the collection side Aukeen always had the attitude of, "that's our business,we'll let you know." May noted that there is now cooperation between the City and the Court Administrator which will lead to continued improvements in revenue collection. During further discussion, Committeemember Orr asked what the status of video arraignment was. McFall replied that OPERATIONS COMMITTEE MINUTES, CONT. OCTORFR 1 1 , 1095 there have been equipment problems. After further discussion, Committeemember Houser asked for a report at the next Operations meeting. Qapital Facilities Plan Director of Finance May Miller reviewed the Capital Facilities Plan with the Committee. On page 3 she noted that the annexation startup costs for 1996 will be covered by the annexation revenue and have not all been transferred over. During her review May noted that the plan combines all of the plans for water, streets,parks,etc. The plan will be updated every year and the annexation will be included next year. May asked for authorization to adopt the 1996 portion of the CFP to be folded into the 1996 budget. Houser asked what the property sale on page 3 was. Miller and McFall stated that they would need to check and respond back. During further discussion Chair Johnson asked if the sidewalks in the annexation area would have the same priority as the original sidewalk program. McFall responded affirmatively that school areas would have top priority with funding available. Orr moved to recommend adoption of the 1996-2001 Capital Facilities Plan with the 1996 portion to be added to the 1996 budget. Houser seconded and the motion passed 3-0. Chair Johnson asked to have the item placed under Other Business on the Council Agenda. Lubovich noted that a resolution will be prepared to document the adoption of the plan. Miller noted that there will be a Budget Workshop from 5:30-6:30 on Council night and the hearing on the CFP will be continued at Council. There being no further business, Committee Chair Johnson adjourned the meeting at 10:25 a.m. Page 2 PUBLIC WORKS COMMITTEE OCTOBER 23, 1995 PRESENT: Paul Mann Tom Brubaker Tim Clark Gary Gill Don Wickstrom Ed White Neighborhood Representatives along 100th &244th ABSENT: Jim Bennett Neighborhood Traffic Concerns - 100th Ave &244th St Wicl.strom stated that this item has been brought back. to Committee from the June 26th meeting. He stated that the issue is - the neighborhood became concerned when they noticed that construction activity had begun on S. 244th & 100th Ave per the development of the Top of the Hill plat. The community believed that both roads would be opened and with that, there would be a significant traffic impact. Since the June 26th meeting, 244th is now opened; Top of the Hill has completed their improvements but have not finalized their plat. Wickstrom said that 100th Ave was going to be a gravel trail from 244th to East Hill Elementary School to allow a walking area for school children. He further stated that staff has conducted traffic studies since 244th has been opened; our traffic analysts took a one-week count and over that period of time, they counted a total of 1700 vehicles using 100th Ave. which equates to 243 vehicles per day. Of those 1700 vehicles, they observed 4 vehicles traveling over 35 mph. which is the lowest speed the police will site vehicles. Wickstrom said this area is high density, single family residential with high density being 5,000 sq ft lots which is what it is ultimately zoned for. Top of the Hill went thru a rezone and that plat is 5,000 sq ft lots. 100th Ave was tied between 240th and 248th Streets and was designed as a residential collector arterial, tying 240th to 248th together, primarily servicing just the neighborhood in the area. When you speak. of ultimate development, with that kind of zoning they will be needing other roads of access out of the area. Wickstrom further explained that with those traffic counts, we looked at our adopted Neighborhood Traffic Control Plan to see how that criteria would fit with respect to 1 what we could do under those criterias to help resolve the problem. Under that Plan, they did not even meet some of the basic criteria. He stated that under our program, there needs to be at least 300 vehicles per day on the street, and this is not met in this instance. The 85 percentile speed must be greater than 35 mph and this also is not met. There are also threshold levels which we did not have. There are site distances and horizontal problems (i.e. physical barriers) to control traffic and closing off 244th would essentially be construed as a physical barrier. If 244th were to be closed in this neighborhood, than the criteria that has been established under the Neighborhood Traffic Control Plan should be met. Wickstrom said that's what we looked at. We looked at additional signing and there was one point in the vicinity of 244th at 100th where additional speed signs could be installed. Basically, because of the need for these roads, due to the high density zoning, Public Works does not support closing off 244th. We recommend installing additional speed limit signs; we also recommend that once Top of the Hill is developed with additional homes, take another traffic study to see if it meets the minimum criteria so some action could be taken such as "shockers". This means narrowing the road down to a minimum of two lanes access. That would take curb, gutter and certain types of improvements. Wickstrom said that Public Works also recommends that future developments on either 100th or 244th be conditioned to build these "chockers"where they meet the horizontal and vertical alignment where there are no site distance problems and where no safety issues exists. Wickstrom stated that this is our recommendation on the issue. In response to Mann, Wickstrom said that the "action" on this item would be if you open up 100th Ave, we get the comments in and either defer this to another Committee meeting after the neighborhood comments are heard and again review the whole thing. Wickstrom said that after the citizens give their input, if there is something new that comes up that we should be addressing which could change our recommendation, we would want the opportunity to review their input and possibly change the recommendation. At this time Mann opened the discussion up to the citizens in the audience. Vonda Finseth 10006 SE 244th Court asked if we had a copy of the original petition. She stated that the petition shows there are 55 children in the neighborhood. She did not agree with the recommendation of waiting until there is future development before 244th is closed. She asked when the traffic control minimum requirements were set and is there a possibility in having those re-addressed. She felt that 300 vehicles per day were high. Ed White responded noting that our normal criteria for residential streets is 1,000 vehicles per day. He went on to explain the procedures on taking the traffic counts. White stated that with the traffic counters laid out on the street, we do not have 2 the ability to determine whether the traffic is "neighborhood" traffic or "thru" traffic and we can only surmise that the majority is local neighborhood traffic. He said that 300 cars is a very, very small number. Dennis Ryerson of 10012 SE 244th Ct. stated that he has not yet heard one reason why 244th should go thru. He said that it was unanimous in two different petitions that no one wanted this. Wickstrom responded by saying when we look at streets we have to plan for the long term - we are talking about full build-out of the city; in order to meet the Growth Management Act and that's what we use in planning streets. For a high density single family lot we need to service the area. Before 244th was opened, you were in a long cul-de-sac which has problems in itself - it exceeds the length beyond our standard length (600 feet) for a cul-de-sac. In response to Ryerson, Wickstrom stated that the neighborhood would benefit by opening 244th from better access, as well as better emergency access. Ryerson stated that they are 100% satisfied with the present access. Wickstrom stated that there are several undeveloped properties adjacent to this street. You may be satisfied today but when they develop you may not be satisfied because the neighborhood will be cluttered with vehicles. Wickstrom stated that we do have to plan for roads to service an area especially when high density zoning is added. Rob Dempsey 10021 SE 245th PI stated that reference is being made to the "overall plan" which could be the root of all this and, is there a way to get that plan changed? Wickstrom said that the overall plan is the Growth Management Plan which can be changed once a year and has just been adopted. It would address 100th Ave because 100th is in the Transportation Plan which is a part of the Growth Management Plan that Council has adopted. It is part of the road system that was developed to address our concurrency issues related in the Transportation Plan. 244th is the local access street simply being opened as part of the normal process of development of the area. The Committee heard additional comments from other neighborhood residents all in opposition of opening 100th Ave and 244th Street. Mann explained that as a Committee, they do listen to the citizen concerns and if they feel that those concerns are good for the city as a whole, then the Committee will take action. He noted that the next step is for the Council members to consider what has been said at this meeting and then if we feel that the right thing to do would be to shut down 244th or install a barrier so that emergency vehicles could still get thru, or put speed humps on 100th Ave., we will take action. Clark stated that at the Council meeting he heard the Mayor very specifically state, they would not run 100th Ave directly thru. That would be restricted in terms of dealing with fire and emergency vehicle service. Clark also said that the Growth Management Act is binding and it basically says that we need to plan for the future; we have to deal with the growth and there has to be a certain level of service to accommodate those people. In other words, the new people coming in also have rights just as your property carries a certain amount of rights to it. The fact is there will be greater density and there is absolutely nothin we can do about that. Clark said that there is a tendency to tie 244th and 100th and treat them as if they are identical issues when in fact they are not. Clark said that right now 244th is connected. He asked Wickstrom what the status is of housing in the Top of the Hill development. Wickstrom said they haven't final-platted yet but that is coming up at the next Council meeting for final approval which essentially complies with the conditions established in 1994 and 1995 when they rezoned and platted. Clark said that within the framework of that final plat, are the roads already set? Wicicstrom said that the roads they built were strictly the roads that were conditioned. They built the roads as part of the plat and that is how 244th St. was opened. Clark asked, what are the potential number of residences that will feed out onto 244th? Wickstrom said that Canterbury can feed out that way and Top of the Hill will feed out onto 244th. If you close it, they will go out to 104th versus taking an alternate route thru 100th and Canterbury. Gill stated that was one of the considerations - trying to provide ingress and egress and not forcing all trips out onto an arterial street and thru intersections that are already at level of service at peak hours. v Clark stated there was an agreement among councilmembers and somehow that agreement has not reached staff. He said that the point was, will 100th Ave be opened? Wickstrom said that when a development comes in, we condition that development at that point in time. He stated that until we get a property developer coming to us, we do nothing. Clark noted that the original plan basically called for 100th Ave to actually be thru at one point, because there was to be an access road for emergency vehicles. Wiclstrom said that was suppose to be a collector arterial. Gill said that is why Canterbury was developed the way it was. He said those lots were not allowed direct access onto 100th because 100th has always been planned as a collector arterial. Mann asked if we could place a barrier up that would be acceptable for emergency vehicles. John Bond noted that both Fire and Police Chiefs should.concur on this. Clark stated that the one thing we can do right now is temporarily close 244th St. Eventually we need to deal with access in and out of Top of the Hill development and that is tied to the issue of 100th. Clark stated that we have no interest in turning 100th Ave into a straight "shot" arterial. However there are some other concerns tied to that and part of it is a piece of land not in the Top of the Hill development but immediately 4 adjacent to it. Clark said what we would like to do now is go back to staff, ask them to try and make that approach, at the very least, to make sure that 100th is not a straight "shot". We can temporarily close 244th but we cannot leave those people at risk. Clark moved to temporarily close S. 244th Street, that motion being contingent upon approval of Police and Fire for their respective roles in the community; that we come back and revisit this issue of access on S. 244th Street 18 months from this time and that directions are given to staff that 100th Ave. be so designed that it cannot be a direct access arterial thru and that other access routes tying Top of the Hill be provided in whatever plan is involved in that particular process. Mann seconded the MOTION. Discussion: Brubaker noted that the developer of Top of the Hill was not in attendance and we don't lkriow if 18 months is an appropriate time frame. Committee concurred with the motion. King County Interlocal Agreement for Solid Waste Management - Amendment Wickstrom stated that there was an interlocal group that overviewed the development of the Comp Plan and the County wants that group to become one of their committees. Committee recommended authorizing the Mayor to sign the Amendment to the King County Interlocal Agreement for Solid Waste Management and also, to adopt the resolution appropriately numbered concurring with this action. Downtown Sidewalk - Street Trees Wickstrom said the trees on Harrison St. and 1st Avenue were not saveable and as a result we had to remove them and this added a significant amount of work. to the contract. The total cost is $57,000. We have some left over money in one of our project funds; we want to transfer that money out of there to pay for this additional work. In response to Clark, Wickstrom said that all trees are being.grated. There was opposition the first time when we reconstructed the sidewalks; we left some large openings to give the trees some breathing and root growing room. Since then, we have had our landscape architect design a grate system that works along with a special type of soil which allows the root to grow into the ground without heaving the sidewalks up. He said the problem was that these tree roots were all surface roots and needed to be pruned so bad that the tree wouldn't survive or it would be subject to a wind blow over, 5 which left us no choice. There isn't enough room in the sidewalk to do it without grates and still provide an area to walk. Clark asked if the merchants were upset about the sudden appearance of these large grates. Wickstrom said the merchants were upset about the work, but recognized that it had to be done. In response to Clark, he said that the people on 1 st Avenue were informed in advance of any work being done. Committee unanimously recommended Council authorization of transfer of funds of $57,000. Added Items: Charlie Kiefer - Interim Funding Agreement with City of Tacoma Kiefer said that in the agreement it states that Tacoma will build a water line and Kent and other water districts in South King County will help fund the building of that project and it also says ... "and to construct other facilities as would be necessary to reliably maintain the agreed level of water supply for delivery to the Utilities....." Kiefer asked if there is a list of these other facilities. Wickstrom said that those are Tacoma's projects. The Impoundment project is our own project. Those referred to in the agreement are Tacoma's such as Conservation and the Developing of Wells in the Tidelands. Those are projects that Tacoma has identified to firm up the Green River water supply. Wickstrom said that our project is not referenced in this agreement; that's for our future supply needs. We are getting 4.6 mgd per day out of Tacoma and that's not all the water we need for ultimate build-out. Tacoma's supply is firm. Between the Green River and what they have to do to make that year round 4.6 mgd they will provide the firming and will pay for the firming sources that they develop. Tom Brubaker: Meridian Annexation Garbage Service Brubaker said that when we annex into the Meridian area, they currently have the option under their existing franchise to choose not to have garbage service and to self- haul. He said in Kent, a resident is required to pay the minimum garbage hauling service whether you self-haul or not. Brubaker said that when we annex into an area, state law requires us to renew the existing franchise holders contract for five years. He said that under the contract in effect for garbage hauling in the Meridian Annexation area, we should give the citizens the right to continue self-hauling without a.minimum charge. Committee unanimously recommended that the City Code Section referencing Garbage Collection by a collection company be modified to take care of the problems of those people currently being serviced in the Meridian Annexation Area and, they be allowed to continue their service for the maximum five year period. 6 James Street - Paul Mann Mann asked why we are never considering widening James St and create another lane. Wickstrom will again review the cost of doing this. 71 st Street Vacation - Don Wickstrom Wickstrom stated that we are coming back for approval of the final adoption of the ordinance on vacating a portion of 71st Avenue near 180th and West Valley Highway. We will be receiving about $8,900 for a small amount of right of way being vacated. He asked that this money go into school sidewalk project funds rather than the street operating budget. Committee unanimously recommended that the money acquired from the street vacation on 71st Ave be transferred into school sidewalk project funds. Meeting adjourned: 6:15 P.M. 7