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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/01/1995 Colty of Kent City Council Meeting Agenda CITY OF Lq BIT Mayor Jim White Council Members Judy Woods, President Jim Bennett Jon Johnson Tim Clark Paul Mann Christi Houser Leona Orr August 1 , 1995 Office of the City Clerk t R 4 Y f� `3i.�„�a E an.sad�:����" ,we k"�p �: �.�k•'t;� '..... ��1R'`�'Ah�� .�' s CITY OF )0\. B JS SUMMARY AGENDA KENT CITY COUNCIL MEETING August 1, 1995 Council Chambers V 7: 0 0 p.m. 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. Proclamation and Introduction of Special Olympics World Game Participants _B. Presentation by Kent/Yangzhou Exchange Students C. Introduction of Mayor's Appointees D. Employee of the Month E. Regional Justice Center Update 2 . PUBLIC HEARINGS _A. 71st Avenue South Street Vacation STV-95-4 B. 1996 Budget C. 1996-2001 Capital Improvement Plan 3 . CONSENT CALENDAR ---A. Approval of Minutes B. Approval of Bills L") _ C. eck Annexation Zoning AZ-95-2 - Ordinance. -D..ricycle Advisory Board - Appointments and Reappointment E. Meridian Annexation AN-94-7 - Set Public Hearing Date F. 98th Avenue Water Main Relocation - Acceptance G. Glenn Nelson Park Tennis Court Resurfacing - Acceptance H. Glenn Nelson Park Relighting Project - Acceptance I. Riverbend Golf Course Netting Project - Acceptance J. Potential Annexation Area Between Kent and Auburn - Interlocal Agreement K. South King County Housing Forum - Resolution 1q,110 L. GMPC Housing Finance Task Force - Resolution 4 . OTHER BUSINESS A. South Bend Final Plat SU-94-8 5. BIDS A. Downtown Sidewalk Rehabilitation Phase II B. Downtown Sidewalk Rehabilitation Phase II - Tree Grate Supply Contract C. Installation of Mill Creek Box Culverts 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. Proclamation and Introduction of Special Olympics World Game Participants B. Presentation by Kent/Yangzhou Exchange Students C. Introduction of Mayor's Appointees D. Employee of the Month E. Regional Justice Center Update Kent City Council Meeting Date August 1 1995 Category Public Hearings 1. SUBJECT: 71ST AVENUE SOUTH STREET VACATION STV-95-4 2 . SUMMARY STATEMENT: This public hearing has been set to consider an application to vacate a portion of 71st Avenue South lying between South 180th and South 181st streets, as referenced in Resolution No. 1432 , and as shown on the accompanying map and discussed in the staff report. 3 . EXHIBITS: Staff report, map, application and resolution 4 . RECOMMENDED BY: Planning Director (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 ACTION: Councilmember w _moves, Councilmember seconds to approve/ the Planning Department's recom- mendation of approval with conditions of an application to vacate a portion of 71st Avenue South lying between South 180th and South 181st streets as referenced in Resolution No. 1432 , and to direct the City Attorney to prepare the necessary ordinance upon receipt of compensation and retainment of the utility easement. DISCUSSION• rw ACTION: MCI- Council Agenda Item No. 2A CITY OF KENT PLANNING DEPARTMENT �JJB� (206) 859-3390 CITY OF MEMORANDUM August 1, 1995 O: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS pFf�cC4A FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF 71ST AVENUE SOUTH AND SOUTH 181ST STREET - #STV-95-4 CITY COUNCIL HEARING DATE: TUESDAY, AUGUST 1, 1995 AT 7:00 P.M. RECOMMENDATION: APPROVAL WITH CONDITIONS I. Name of Applicant Bruce K. Creager Barghausen Consulting Engineers, Inc. 18215 72nd Avenue South Kent, WA 98032 II. Reason for Requesting Vacation The applicant states, "To acquire property that is not needed for public street purposes." III. Staff Recommendation After reviewing comments from the following departments and agencies: Public Works Fire Parks Puget Power METRO and conducting our own review, the Planning Department recommends that the request to vacate a portion of 71st Avenue South and 181st Street as mentioned in Resolution 1432 and shown on the accompanying map, be APPROVED with the following conditions: 1. The City shall be compensated in accordance with State law for the value of said vacated right-of-way. 2. The City reserves utility and street lighting easements over, upon and under said vacated right-of-way and shall retain the right to grant said easements to other public and private utilities (phone, power, gas and cable TV). JPH/mp:c:stv95.4 1 II d) i� c C I BUILDING SETBACK LINE_ _ cn - — --- - -- - 1 L— W — --- L DSCAPING I w I -20' LANDS APING - 'TE . EP 30' \ o N SOUTH 181st STREET - m / N N W' D 01 01- j p cj moc(n00 Im � NN T — nn u-0 ?q_ IC) ? ? z(n rn � i r� �cn y o tm m n *� -n�:o LA z m< I (n C > z D o M C n /-n z D -n wf -n-05 r :rnX h D I Qol T m y - m X z � .... N . (n 0�— m '" o 0 Q N, I I _ w Z STV-95-4 f BUILD G' 71 st AVENUE STREET —I L _ SETBA K LIN VACATION X -- *l >Z7 '. 20' MIN._ In . ne� 26----LANDSCAPING �� oU AREA TO BE VACATED • IIOJO' IIII N- -- _ _ __ _ _�_ _ _ _ _ - - _ n n e N r- E SO. 180th ST. No'= > y v r t o = > O m x m A APPLICANT: aerald B. MCCaL191 n �C (� C �C {attic: Bruce K. Creager, AIC7 CITY OF KENT E l �� '— II II Bargnausen Consulting Engineers, Inc. 220 So. 4th Ave. ddress: 18215 72nd Avenue South Kent, NA 90032 JUN — 5 1995 Kent, Wa 98032 CITY CF KENT CITY CLERK Phone: (206) 251-6222 STREET AHO/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council : lie, the undersigned abutting property owners, hereby respectfully request that certain portion of 71st hereby be vacated. (General Location) Ave. So. and So. ISIst St. Legal Description ,t See Attached Legal Description 1Um O 5 Cal t - F'r-RMD CENTFf: BRIEF STATEMENT WHY VACATION IS BEING SOUGHT To acquire property that is not needed for public street purposes. Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations , Partnerships etc. are being signed for, then proof of individual 's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1 " = 200' of the area 9 sought for vacation. NOTE) clap must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT 9 SIG/p',ITURES AND ADDRESSES LOT, BLOCK & PLAT/SEC. TWIT: RG x Tay. Account 0000020-0009-07 T-J eph Holton 2 08 South BreezyP[ Rd Camano T 'a 0a?oil (Tax Lot r7900i in Sec 36, Township r i J CW ,c:c�-,fir. 23 N, Range 4E; a portion of Donald Anderson I ,yenr}' Adams Donation Claim No. 43) i 1614 Roanoke Way Pte c - T ^- own L 1150.00 Fee Paid Treasurer' s Receipt No. Appraisal Fee Paid Treasurer' s Receipt 110. Land Value Paid Treasurer' s Receipt No. Deed Accepted Date Trade Accepted Date - I o� I c J U W - 5 19v- -J CITY OF KENT ROAD VACATION CITY CLERi< That portion of the U-turn route as shown on Sheets 3 and 4 of 8, SR-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 881 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 201 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 63.00 feet, through a central angle of 221 06' 32" and an arc length of 26.24 feet; THENCE South 88' 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 117.77 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 341 08' 54" and an arc length of 17.28 feet to a point on a line 30 feet East of vvhen measured at right angles to U-turn route centerline and the terminus of herein described line. Subject to an utility easement 2 feet in width lying to the right of the above-described line. Project: 72nd Avenue South and 1 Eoth Street Aprii 20, 1995 4917L.002 DJS/kr RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, regarding the vacation of a portion of 71st Avenue South, an existing public street, lying between So. 180th and 181 st Streets in the City of Kent, and setting the public hearing on the proposed street vacation for August 1, 1995. WHEREAS, a petition has been filed by various property owners to vacate a portion of 71 st Avenue South,an existing public street, lying between So. 180th and 181 st Streets in the City of Kent, King County, Washington; and WHEREAS, these property owners own at least two-thirds of the property abutting that portion of 71st Avenue South that is now being sought to be vacated; and WHEREAS, the petition is in all respects proper. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A public hearing on the street vacation petition requesting the vacation of a portion of 71 st Avenue South shall be held at a regular meeting of the Kent City Council at 7:00 p.m., Tuesday, August 1, 1995, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. Section 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by law. 1 Kent City Council Meeting Date August 1 1995 Category Public Hearings 1. SUBJECT: 1996 BUDGET 2 . SUMMARY STATEMENT: Tonight is the first public hearing on the 1996 Budget. The next hearing will be held on November 7 , 19% with the anticipated adoption planned for November. Pu�ljj1ic input is desired and welcome as we begin to prepare for the 1996 budget. 3 . EXHIBITS: None 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6 . EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilme er seconds DISCUSSION• ACTION: Council Agenda Item No. 2B Kent City Council Meeting Date August 1 1995 Category Public Hearings 1. SUBJECT: 1996-2001 CAPITAL IMPROVEMENT PLAN 2 . SUMMARY STATEMENT: This date has been set to receive public input on the 1996-2001 Capital Improvement Plan. The Capital Improvement Plan includes all expenditures for the next six years as described in the City' s Capital Facility portion of the Comprehensive Plan. The plan can be amended each year but must be presented to the Planning Director by September 1. Public input is encouraged as we finalize this plan for the City of Kent' s Capital Facilities and Infrastructure Improvements. 3 . EXHIBITS: None 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmem a seconds DISCUSSION• ACTION• Council Agenda Item No. 2C //Illy CONSENT CALENDAR 3 . City Council Action: Councilmember VtL,,� moves, Councilmember_ seconds that Consent Calendar Items A through 4be approve Discussion Action '{�' " ' C� 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of July 18, 1995. 3B. Approval of Bills. Approval of payment of the bills received through July 14 and paid on July 14 , 1995 . Operations Committee of July 26, 1995 was cancelled. Councilmembers authorized payment by signing approval in the Office of the Finance Department. Approval of checks issued for vouchers: Date Check Numbers Amount 7/14/95 157312-157768 $2 , 387 , 353 . 31 Approval of checks issued for payroll for July 1 through July 15, 1995 and paid on July 20, 1995. Date Check Numbers Amount 7/20/95 Checks 204704-205091 $ 278, 347 .50 Advices 25920-26312 517 , 653 .39 $ 796, 000. 69 Council Agenda Item No. 3 A-B Kent, Washington July 18, 1995 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Johnson, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Human Resources Director Viseth, Finance Director Miller, and Parks Director Hodgson. Approximately 50 people were at the meeting. PUBLIC MASK Theatre Group. Greg Oberst, Trustee, COMMUNICATIONS 12201 SE 221st Street, outlined the history of the group and explained the preparation required before performances. He noted that advance planning is critical, and said they would like to use the Crystal Mountain Hall at Kent Commons this year and the following two years, early in the year and in the spring. He asked that the Council consider any funds not produced on dates that the MASK Theatre has the Crystal Mountain Hall as an investment in the cultural arts community. He noted that as the theatre group gains support in the community, they can give back by presenting workshops, benefit per- formances and so forth. JOHNSON MOVED that this proposal be referred to the Parks Committee. Orr seconded and the motion carried. Exchange Students. Arthur Martin introduced Ms. Shen Wei and Mr. Yang Guang, who are exchange students from Yangzhou, China, and Kent students Jennifer Castle and Jason Martin, who are hosting them. He noted that when the Chinese students return to Yangzhou in early August, Jennifer and Jason will accompany them and stay in their homes. Martin thanked Councilmember Clark for his help on this project. Clark noted that he had recently taken the four students to Mt. Rainier, and that he has asked that the Kent students write two articles for the local newspaper. He said that the visitors from Yangzhou will present a display representing the Chinese view of American values at the August 1st Council meeting. Introduction of Mayor's Appointees. Mayor White introduced Steve Babbitt, Steve Nuss, David McLean, Robert Brehm, Scott Manthey, and Bob Schneider, his appointees to the Bicycle Advisory Committee, Jason Hong, his appointee to the Human 1 July 18 , 1995 PUBLIC Services Commission, and Sally Johnson, his COMMUNICATIONS appointee to the Drinking Driver Task Force. Graham Owners Club Week. Mayor White read a pro- clamation declaring July 25-30, 1995, as Graham Owners Club Week in the City of Kent. He noted that the Graham-Paige automobile enjoys inter- national esteem among antique car collectors, and that the Graham Owners Club International will host the 1995 Annual International Meet on July 25-30 at the Cypress Inn in Kent. He encouraged all citizens to welcome the Club and it' s guests to our city. National Night Out. Mayor White noted that National Night Out provides a unique opportunity for Kent to join forces with thousands of other communities across the country in promoting cooperative police/community crime and drug prevention efforts, and proclaimed August 1, 1995 , as National Night Out in the City of Kent. He urged all citizens to join the Kent Police Department in supporting and participating in the 12th Annual National Night Out. The proclamation was presented to Police Officer Paul Peterson, who stated that it is very important for neighbors to watch out for neighbors. Regional Transit Authority Update. Mayor White noted for the Council that he recently presented to the Regional Transit Authority a much scaled down version of the proposal which went to the voters in March. He explained that this is a $2 , 000, 000 , 000 program financed by a sales tax increase and that it would include commuter rail from Tacoma to Everett, a portion of light rail from Seattle to the airport, and possibly some type of rail from Renton to Bellevue and that there is a regional bus element. He pointed out that each station does not have to include com- munity redevelopment. He noted that this will not be the only proposal, although there are no others at this time, and expressed the hope that action will be taken soon. He offered to furnish copies of the submittal to those who are interested. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR M be approved. Johnson seconded and the motion carried. 2 July 18, 1995 MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of July 5 , 1995 . HEALTH & (CONSENT CALENDAR - ITEM 3H) SANITATION Lexington Square. AUTHORIZATION to accept the bill of sale for Lexington Square submitted by Lakeridge Development, Inc. for 588 feet of water main, 919 feet of sanitary sewers, 590 feet of street improvements and 979 feet of storm sewers and release of bonds after expiration period, as recommended by the Public Works Director. The project is located in the vicinity of 114th Avenue SE and SE 267th Street. WATER (BIDS - ITEM 5C) Rent Springs Transmission Main Repair. Bid opening for this project was held on Friday, June 30th with six bids received. Council delayed action on the award due to a bid protest by the second low bidder. A memorandum from the City Attorney denotes no change in his legal position. As such, the Public Works Director recommends that this project be awarded to R. W. Scott for the bid amount of $1, 130, 950 .76. BENNETT MOVED that the Kent Springs Transmission Main Repair project be awarded to R. W. Scott for the bid amount of $1, 130,950.76. Orr seconded. Assistant City Attorney Brubaker noted that Councilmembers have received a brief from RCI and a memorandum from him on legal issues related to this bid protest. Richard Padden, representing RCI Construction, noted that the Councilmembers have copies of their submittal, and that it would be tempting to go with the lower bid, as recommended by counsel, since it is $70, 000 lower than RCI's bid. He said the question is why the Council should reject the bid of R. W. Scott based on the irregularity which relates to the failure to sign the non-collusion affidavit. He said the Council should and must reject the R. W. Scott bid and either award to Robison or rebid the project, which would eliminate any questions regarding irregularities. He said the R. W. Scott bid should be rejected because all bidders need to know that the City of Kent is serious about what 3 July 18 , 1995 WATER it puts into the bid documents. He said to do otherwise would send a poor message to all bidders and to the public. He stated that the affidavit which was not signed is an important document, and that if it were a subcontractor' s list or some other form relating to something minor that did not get signed, they would not be here tonight. He noted that the affidavit states that the bidder did not in any way talk with any other bidders, which is prohibited in order to assure a fair bid. He also said he feels the City requires this form to be notarized because it is such an important document, and noted that this form is the only one which requires a notary. He said this document tells everyone that they will pay the prevailing wage, that they did not collude with anyone, that they did not violate any bidding statutes, and that is why it must be signed and notarized. He said that the bid documents clearly state that if the document is not signed, the bid will be rejected. He added that the word "shall" is used on the exhi- bit, the bidder checklist. He said that other bidders may feel that they do not need to sign the affidavit, because it did not matter with R. W. Scott. He pointed out that counsel for the City indicated at the last meeting that the intent was there. Padden said the notary was defective, it should never have been signed, and it shows a lack of respect for the notary process and seal, since there is no seal and it would appear that it was signed without a date. He said they have not filed a court action to subpoena them or find out who the person is, but that it was not sealed like the Robison bid with a proper notarization. He pointed out that the City' s contract incorporates the 1994 Standard Specifications which the State of Washington has promulgated which clearly states that failure to sign a non-collusion affidavit is grounds for rejection. He concluded that if the City deter- mines that this is a minor irregularity, it will be making a big mistake and will send a very wrong message to all bidders. He noted that his client prepared his bid in accordance with bid specifications, that R. W. Scott did not, and that that affidavit could not be enforced since no one can be forced to sign an affidavit if they don't want to or if it is not true. He thanked 4 July 18 , 1995 WATER the Council for their consideration and expressed regret that it had to come to this. Assistant City Attorney Brubaker said there is an irregularity in the bid submitted by R. W. Scott in that there was a failure to sign the combined affidavit, which is a non-collusion affidavit and a statement regarding paying prevailing wage rates, as well as other items. He noted that the contract specs state: "therefore by signing the proposal, the bidder will be deemed to have signed and agreed to the requirements of the non- collusion declaration" and that R. W. Scott did sign the bid proposal. Brubaker explained that this is true of other points in the specs and that many items addressed in the combined affi- davit are also addressed elsewhere in the bid documents, and that a strong argument can be made that R. W. Scott is bound to those items by virtue of other contract specs whether or not he signs that affidavit. He said he feels that it does not matter that the City states that the document must be signed, because the City re- serves the right to waive irregularities in the bid documents as long as they are immaterial. He said that, based on case law, he feels it is an immateriality and it is okay to approve the bid to R. W. Scott. He noted that he had found three cases in State law that involve an omission to sign the actual bid, as opposed to just a sup- porting affidavit, and that two of those cases upheld the City' s determination to waive the failure to sign the bid as an irregularity, and one upheld the City' s determination that it was material. He said the more recent cases sup- ported the City' s determination that it was an immaterial omission. He noted that he cannot guarantee the outcome if this were to go to court, but based on his review of the case law, he feels this is an immaterial omission and that the city' s primary obligation is to get the best, lowest bid to get the work done and use the taxpayer's money expeditiously. Upon the Mayor' s question, Brubaker stated that a letter from R. W. Scott Company, signed by R. W. Scott, has been received, along with the document signed by them, and a statement indicating that it was an omission on their part and that they did not intend not to be bound by that affidavit. He said that letter would not carry much weight in 5 July 18 , 1995 WATER court, since the court would look at the time the bids were opened, and whether that omission at that time created a benefit for R. W. Scott Construction which was not available to the other bidders. Woods stated that the Council has been troubled by how the process had been presented, and pointed out that none of them are attorneys. She said there has been a good deal of confusion and that they deferred because they felt it was in the best interest of the citizens of Kent and they wanted to be sure they made a considered decision when the time came. She said they are still troubled, but that she has been assured that this is the right decision to make at this time. She expressed hope that they are never again confronted with this kind of confusion on a bid opening, or that it comes to Council with the timing that it did. Johnson said the question is whether the amount of the bid would have been affected, and he feels the answer is no. He pointed out that both contractors submitted a bid which they felt was a fair price, and that R. W. Scott happened to be the low bidder and should be awarded the bid. He said if the situation had been reversed, he felt the bid would be awarded to RCI rather than R. W. Scott. He noted that both contractors do very good work, and there is no reason to deny the bid to R. W. Scott. Mark Robison, President and CEO for RCI Construction Group, expressed appreciation for the opportunity for him and his counsel to speak tonight. He noted that he started his business in Kent in 1978, and that they have done over $18, 000, 000 in work for the City of Kent over the past fifteen years. He pointed out that they have never protested a bid in the City of Kent nor have any of their low bids ever been pro- tested. He said the reason for this is that they were always treated fairly and equally. He stated that what the Council is now considering is random approval of a mistake, and that the City will set itself up for bidders on future projects to be able to leave things out and sign things later. He said that if they were the low bidder and had not signed that job, they would not be at the Council meeting tonight asking for the project. He said Kent' s credibility will be 6 July 18, 1995 WATER ruined, and that the City will see situations like this again. He pointed out that there was an original low bidder and the City of Kent rejected that bid on what he feels is a very small in- formality, and yet they propose to award to R. W. Scott who made a major informality. He said the only absolutely fair way to keep credibility with bidders and to obtain the best, lowest possible price to the taxpayers is either to award to RCI or to rebid the project. Bennett' s motion then carried, with Houser opposed. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3G) Miscellaneous Project Funding. AUTHORIZATION to establish a signal cabinet replacement project fund in the amount of $20, 000 and the trans- ferring of funds thereto, as well as to the Frager Road Guardrail project fund in the amount of $7 , 200 and further, as well as to the Central Ave. and Pioneer St. Pedestrian Signal fund from the 259th St. & Central Avenue Signal project fund (R3M $10, 136 remaining) , the Green River Bridge at Central Avenue Project fund (R96 $18, 729 remaining) and the Frager Road & 212th St. Channelization project fund (R50 $1, 335 remaining) , as recommended by the Public Works Committee. PLAT (CONSENT CALENDAR - ITEM 3K) South Bend Final Plat #FSU-94-8 . AUTHORIZATION to set August 1, 1995 as the date for a public meeting to consider a final plat application by Joe Singh of Pacific Industries, Inc. The preliminary subdivision was approved by King County and upon the East Hill/Ramstead annexation, the final plat fell under Kent' s jurisdiction. This plat is 4 . 77 acres in size, consists of 13 lots, and is located at S.E. 270th Street and 116th Avenue S.E. (northeast corner) . ANNEXATION (OTHER BUSINESS - ITEM 4B) ZONING Beek Annexation Initial Zoning AZ-95-2 . Two public hearings have been held on the Beck Annexation initial zoning. The Planning Commission recommended approval of Zoning Alternative No. 3 , as amended. 7 July 18, 1995 ANNEXATION ORR MOVED to modify the Planning Commission' s ZONING recommendation of approval of the Beck Annexation Area Initial Zoning Designation as outlined on the map on display which shows the previously recommended R1-7 . 2 changed to R1-9 . 6, the south- western corner remaining R1-12 , the previously recommended R1-7 . 2 changed to R1-9 . 6, and the westerly side of the line that is drawn down the center of the map remaining R1-20 on the top two portions, and the southwest corner remaining R1-12 . Houser seconded. Orr explained that the Planning Commission had recommended that the entire left side be R1-20, and she is asking that the southwesterly corner be returned to R1-12 which was the Planning staff' s original recommendation. She voiced concern about the street and about any building taking place there. She noted that 94th cannot be widened without damage to existing structures, and that there is no room for children to walk to school. She said it is unrealistic to anticipate that six units could be built even if it were zoned at R1-7 . 2 , and that the only way that could happen is if a clustering ordinance were to be adopted. She said if the existing density were to be allowed using a clustering ordinance, the lots would be even smaller than R1-7 .2, which would change the character of the neighborhood. She said this is the best alternative unless or until the street is improved. JOHNSON MADE A SUBSTITUTE MOTION to zone the entire Beck Annexation R1-12 . Orr seconded for discussion. Johnson explained that under Orr' s proposal there would be three different zoning designations. He said that if the entire area were zoned R1-12 , the areas zoned R1-20 in Orr' s proposal would be more dense and the areas zoned R1-9. 6 would be less dense. He noted that the existing land use is primarily on larger lots, and that the area would be best served by designating it as R1-12 . Clark voiced concern about traffic patterns and the slopes in the area. He said he cannot agree with Johnson' s proposal, as it is incongruous with what people have been expecting from the way it was ori- ginally zoned. Orr stated that she also cannot support Johnson' s proposal, since going from the recommended R1-7 . 2 to R1-12 would be excessive 8 July 18, 1995 ANNEXATION for the entire area. She said she suggested ZONING R1-9 . 6 because it would result in a little less development, which would provide a little more relief for the street, and may provide a little more safety. She said she suggested R1-12 based on the staff report, on the studies on the slopes, and on the development possibilities. She opined that having different size lots is not a problem, and noted that is how development has occurred there. The substitute motion then failed with only Johnson in favor. Planning Manager Satterstrom suggested that the map on display be referred to as an exhibit, so that there are no misunderstandings as to the boundaries when the ordinance is drafted. Orr agreed to INCLUDE THE EXHIBIT IN HER MOTION. She then explained that her motion is to modify the Planning Commission's recommendation of approval of the Beck Annexation Area Initial Zoning Designation as amended, to the recommendation of the map that is currently on view, that the sections labeled R1-7 . 2 be changed to R1-9 . 6 and, as shown on the map, there are two sections that are designated as R1-20, one in the northwest corner and one in the center on the west, and that the southwestern corner as shown on the map stay at R1-12 , which is a change from R1-20 of the Planning Commission' s recommendation. Upon the City Attorney' s question, Orr clarified that R1-12 would be only on the lower southwest por- tion, and that the northwest portion as it shows on the map would remain R1-20, the section in the center which is labeled R1-20 would stay R1-20, and the lower section in the southwestern corner as shown on the map would remain R1-12 . The motion then carried. ORR THEN MOVED that the City Attorney be directed to prepare the necessary ordinance. Woods seconded and the motion carried. FRANCHISE (OTHER BUSINESS - ITEM 4C) Metricom Franchise. At the direction of the City Council on July 5th, the Metricom Franchise Ordinance was sent back to the Public Works Committee for further discussion and direction. The Public Works Committee recommended that, upon the City Attorney' s concurrence with the franchise language, this date be set for the 9 July 18 , 1995 FRANCHISE second reading and adoption of the Metricom Franchise Ordinance. Assistant City Attorney Brubaker stated that the Public Works Committee requested that a franchise fee be obtained, that the franchise not be trans- ferable, and that there would be an opportunity to renegotiate the franchise fee at the end of the five year term. He indicated that Metricom has agreed to all of those conditions, and noted that the franchise fee would be 4% per year. He clarified for Bennett that the fee is charged only to those whose subscription base operates from within the corporate boundaries of the City. CLARK MOVED that the Metricom Franchise Ordinance No. 3238 be adopted. Houser seconded. Clark noted that this is an attempt to make information available to the citizens of Kent. He explained that an electronic devise would be attached to city light poles and that, with the accompanying device, citizens could use their laptop computers from various locations. He said this not only provides opportunities for citizens, but brings revenue into the City. The City Attorney noted that his office has concurred with the franchise language. The motion then carried. PRIVATE (OTHER BUSINESS - ITEM 4D) PROPERTY Referendum 48 . The proposed resolution supports REGULATORY the placement of Referendum 48 on the November FAIRNESS ACT general election ballot to put before the voters the issue of Initiative 164 , the "Private Property Regulatory Fairness Act" . Having Referendum 48 on the ballot would provide the citizens of Kent an opportunity to become fully informed of the effects of implementing InitiativeInitiative 164 , as well as the opportunity to vote on the measure. Initiative 164 was dis- cussed at the Council Workshop prior to this meeting. City Attorney Lubovich noted that the Council is allowed to take a position on a ballot proposi- tion under State statute, but that public comment must be allowed. There were no comments from the audience. ORR MOVED to adopt Resolution No. 1438 supporting the placement of Referendum 48 on the November general election ballot. Houser seconded. Upon 10 July 18, 1995 PRIVATE a roll call vote, the motion carried with Bennett PROPERTY opposed. Clark explained that this action indi- REGULATORY cates that the Council supports the idea of FAIRNESS ACT Referendum 48 being put before the people. He stated that Initiative 164 is a damaging piece of legislation, and that citizens need to understand how much is at risk. He explained that the intent of the initiative is to require compensa- tion if the actions of government are damaging to property owners, rights, and that it states that there is too much government regulation. He noted that an economic impact statement would be required if government tries to restrict any use of land, and that the government entity would have to justify their decision. He pointed out that if a citizen sues because his property rights have been restricted and the city loses, they must use tax dollars to pay, and that would result in higher tax bills. (OTHER BUSINESS - ITEM 4E) Initiative 164 . A proposed emergency ordinance for the purpose of implementing the provisions of Initiative 164 , the "Private Property Regulatory Fairness Act" has been prepared. This Act takes effect on July 23 , 1995, unless enough signatures are gathered on Referendum 48 which would place the issue of Initiative 164 on the November general election ballot. In order to comply with the provisions of Initiative 164 , should it become effective on July 23 , certain adminis- trative policies need to be established. The purpose of this ordinance is to establish such policies. One plus a majority of Councilmembers (5) must vote for this ordinance in order to adopt it. The City Attorney noted that this had been dis- cussed in detail at the workshop prior to this meeting. He pointed out that the Act is silent on several issues, and that there are varying interpretations. He said the proposed ordinance attempts to establish guidelines and a procedure for processing the applications and appeals of the Economic Impact Analysis which is required under the- initiative, as well as the takeage requirement. He made minor changes to Sections 12 . 02 . 060.A and B. Clark noted that a small size EIA would cost approximately $2 , 450, a moderate size EIA would cost approximately $6, 800, and a 11 July 18, 1995 PRIVATE large size EIA would cost approximately $34 , 500, PROPERTY and that that cost would go to city government. REGULATORY Upon Clark' s question, Lubovich stated that an FAIRNESS ACT analysis has not been done. ORR MOVED to adopt Ordinance No. 3239 imple- menting the provisions of Initiative 164 as amended by the City Attorney. Woods seconded. Bennett noted that the Council had just received the ordinance, and agreed that the initiative would add another layer of bureaucracy. Johnson offered an AMENDMENT TO THE MOTION that the provisions of the ordinance be reviewed annually so that citizens have an opportunity to offer suggestions. Orr and Woods agreed to the amendment. Lubovich pointed out that the ordinance is effective only on the effective date of Initiative 164 , and that if Referendum 48 gathers enough signatures to put the matter before the voters in November, it will not be effective until it is approved and certified. He noted that the ordinance may not be in effect at all. Upon a roll call vote, the motion as amended carried with Bennett opposed. PARKS & (CONSENT CALENDAR - ITEM 3E) RECREATION Public Participation Art Project. AUTHORIZATION to appoint Carolyn Law as the artist for the Kent Public Participation Art Project. On June 27 , 1995, the Kent Arts Commission chose artist Carolyn Law to work with the public through open workshops on the creation of individual art elements (photographs, photograms, text, etc. ) . This art will ultimately be used by the artist on her own larger work that will be placed along the Green River Trail. FIRE (BIDS - ITEM 5B) DEPARTMENT Fire Apparatus. Bids were let for two fire engines and an aerial ladder to replace apparatus in accordance with the Apparatus Equipment Replacement Program. One bid was received in the amount of $1, 096, 395. 00. The bid was unaccep- table with respect to cost. The Fire Chief recommends rejection of the bid, making some modifications, and letting the bids separately 12 July 18 , 1995 FIRE for the fire engines and aerial ladder. BENNETT DEPARTMENT MOVED that the bid for the fire apparatus be rejected and that the Fire Department be author- ized to go out for rebid. Houser seconded and the motion carried. HUMAN RESOURCES (CONSENT CALENDAR - ITEM 31) Cashiering/Business License Position. AUTHORI- ZATION to approve one full time and one regular part-time customer service position for the "One-Stop" Centennial Business License and Receipting Center, as recommended by the Operations Committee at their July 12 , 1995 meeting, and authorization for a corresponding budget change of $34 , 647 with $15, 000 coming from additional General Fund Revenue and $19, 647 from Utility Funds. This request has been recommended by Administration, Planning, Public Works and the State Auditor' s Office, who support the plan to move these responsibilities into the Finance Department. (CONSENT CALENDAR - ITEM 3J) Voluntary Retirement Incentive Program. APPROVAL to implement the Voluntary Retirement Incentive Program for 1995-96, as recommended by the Operations Committee. The Voluntary Retirement Incentive Program pro- vides a temporary window of opportunity for eligible employees to retire from the City while providing them additional financial security. The purpose of the program is to recognize and reward the dedication, loyalty and distinguished service of long-term employees, while providing savings to the City. APPOINTMENTS (CONSENT CALENDAR - ITEM 3F) Bicycle Advisory Committee. CONFIRMATION of the Mayor' s reappointment of Steve Babbitt, Steve Nuss, and David McLean to continue serving as members of the Kent Bicycle Advisory Board. Mr. Babbit' s and Mr. McLean' s terms will continue to 12/31/96 and Mr. Nuss' term will continue to 12/31/95 . CONFIRMATION of the Mayor' s appointment of Robert Brehm, Scott Manthey, and Bob Schneider as new members of the Kent Bicycle Advisory Board. All three are avid bicyclists and have indicated an 13 July 18 , 1995 APPOINTMENTS interest in serving on the Board. Mr. Brehm will replace Mark Davis, who resigned, and his ap- pointment will continue to 12/31/96. Mr. Manthey will replace Monte Smithson, and his term will continue to 12/31/95. Mr. Schneider will replace Steve Knight and his new term will continue to 12/31/96. (CONSENT CALENDAR - ITEM 3L) Human Services Commission. CONFIRMATION of the Mayor' s appointment of Jason Hong to serve as a member of the Kent Human Services Commission. Mr. Hong works in the retail grocery business and is active in the Korean/American Chamber of Commerce of Seattle. He will replace Marijean Heutmaker, who resigned, and his term will con- tinue to 1/1/98 . (CONSENT CALENDAR - ITEM 3M) Drinking Driver Task Force. CONFIRMATION of the Mayor' s appointment of Sally Johnson to serve as a member of the Kent Drinking Driver Task Force. Ms. Johnson previously served on the Task Force and served an internship through Green River Community College at Seattle International Raceway where she initiated a Drinking Driver Awareness Program. She has also served as Saturday Market Coordinator and as a member of the Kent Chamber of Commerce Board of Directors. Ms. Johnson' s appointment will become effective immediately and will continue to 1/1/97 . MAINTENANCE (BIDS - ITEM 5A) Kent Commons Air Conditioning. On July 12 , 1995, the Operations Committee recommended awarding the Kent Commons Air Conditioning bid to Design Air Limited, the low bidder, in the amount of $302 , 010 . 01. Three bids were received and are within the existing budget with two alternates included. JOHNSON MOVED that the bid for Kent Commons Air Conditioning be awarded to Design Air Limited in the amount of $302 , 010. 01. Bennett seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through June 30 and paid on June 30, 1995 after auditing by the Operations Committee on July 12 , 1995. 14 July 18 , 1995 FINANCE Approval of checks issued for vouchers: Date Check Numbers Amount 6/30/95 156741-157311 $1, 822 , 295 . 27 Approval of checks issued for payroll for June 16 through June 30, 1995 and paid on July 5, 1995 : Date Check Numbers Amount 7/5/95 Checks 204312-204703 $ 268, 537 . 06 Advices 25524-25919 485 , 525. 95 $ 754, 063 . 01 (CONSENT CALENDAR - ITEM 3D) 1996-2001 Capital Improvement Plan. AUTHORIZATION to set August 1, 1995, as the date for a public hearing on the 1996-2001 Capital Improvement Plan. The Capital Improvement Plan includes the Capital Expenditures for the next six years and will be the Capital Facility portion of the City' s Comprehensive Plan. This Plan must be amended each year by September 1st. Public input is encouraged as the City finalizes the 1996-2001 Capital Facility Plan. BUDGET (CONSENT CALENDAR - ITEM 3C) 1996 Budget. AUTHORIZATION to set August 1, 1995, as the date for the first public hearing on the 1996 budget. The final public hearing will be held on November 7, 1995, in anticipation of a November adoption of the budget. Public input is desirable and welcomed as the City begins to prepare for the 1996 budget. SATURDAY (OTHER BUSINESS - ITEM 4A) MARKET Kent Saturday Market Facility Acquisition and Budget Change. Authorization has been requested for the Mayor to finalize acquisition of the property commonly known as 212 Railroad Avenue North for use as a facility for the Saturday Market, and to negotiate lease and operating agreements with the Kent Downtown Partnership for presentation to the Council for approval. (EXECUTIVE The City Attorney noted that the City has nego- SESSION) tiated a tentative agreement with the property owners, initial studies have been done, and there are issues dealing with the acquisition of pro- perty which should be discussed in executive 15 July 18 , 1995 (EXECUTIVE session. He anticipated that it would take SESSION) approximately 15 minutes. The meeting recessed to executive session at 8 : 15 p.m. SATURDAY The meeting reconvened at 8 : 35 p.m. The City MARKET Attorney noted that the City has done an environ- mental review and will do further testing of the subsurface water. JOHNSON MOVED to authorize the Mayor to finalize the acquisition of the property commonly known as 212 Railroad Avenue North for the purpose of establishing a facility for the Saturday Market subject to Council' s approval of the appropriate interfund loan for the purchase; further that the Mayor shall negotiate appropri- ate agreements with the Kent Downtown Partnership for the operation of the Kent Saturday Market and of the market facility which shall be presented to the Council for approval; this is contingent up favorable results of the environmental study of the project; additionally, a budget change is authorized budgeting the projected shortfall of the debt service to be paid from the CIP for the first three years. Woods seconded. Lubovich clarified that the environmental study is the one that is recommended in the current environment report the City has received. Finance Director Miller noted that funding is proposed to come from an interfund loan from the Equipment Rental Fund in the amount of $600, 000 to the Capital Improvement Fund. The City Attorney stated that the study may not be done in time for closing. The motion carried. JOHNSON MOVED for the adoption of Resolution No. 1439 authorizing an interfund loan for the purchase and improvements of the Saturday Market facility. Woods seconded. Johnson noted that Section 2 of the resolution states that the CIP Fund shall borrow $600, 000 from the Equipment Rental Fund for fifteen years. The motion then carried. REPORTS Operation committee. Johnson announced that the Committee will meet at 9: 30 a.m. next Wednesday. Planning committee. Orr noted that speakers from the Regional Options for Affordable Housing in South King County attended the Planning Committee meeting today, and that they invited interested Councilmembers to attend a housing workshop at 16 July 18 , 1995 REPORTS Federal Ways Visitation Center from 5: 00 p.m. to 8 : 00 p.m. Wednesday, August 23rd, to discuss affordable housing options. ADJOURNMENT The meeting adjourned at 8 :40 p.m. IBIren�daiacobe CMC City Clerk 17 Kent City Council Meeting Date August 1, 1995 Category Consent Calendar 1. SUBJECT: BECK ANNEXATION ZONING .AZ-95-2 2 . SUMMARY STATEMENT: a proved by the City Council on July 18, 1995, option of Or 'nance No. 31_�C designating zoning for the Beck Annexation&- 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: City Council (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. 3C ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning, to implement zoning for approximately 218 acres of land generally located north of South 240th Street adjacent to 94th Avenue South (by approximately 1250 feet to the east and 600 feet to the west of 94th Avenue) , extending northerly to approximately 222nd Street, and commonly referred to as the Beck annexation area . WHEREAS, the Beck annexation area was officially annexed to the City of Kent in February of 1995 through Ordinance No. 3210 ; and WHEREAS, the Annexation area is comprised of approximately 218 acres and is located north of South 240th Street adjacent to 94th Avenue South (by approximately 1250 feet to the east and 600 feet to the west of 94th Avenue) , extending northerly to approximately 222nd Street; and WHEREAS, the Planning Commission held a public hearing to consider initial zoning on April 24 , 1995 ; and WHEREAS, the Planning Commission considered various zoning alternatives and public testimony during its public hearing and recommended approval of Alternative No . 3 in the Planning Department ' s staff report dated April 17 , 1995 as amended by designating parcels previously identified as R1-12 to R1-20 ; and . WHEREAS, the City Council has held two public hearings on the recommendation of the Planning Commission: the first hearing was held on May 16 , 1995 and the second hearing was held on June 20th, 1995 ; and WHEREAS, the City Council considered the recommendation - of the Planning Commission and adopted zoning for the Beck Annexation Area as follows : the area east of 94th Avenue and within the annexation area is designated R1-9 . 6 , the annexation area west of 94th Avenue and in the northwestern corner is designated R1-20 , the annexation area west of 94th and in the center is designated R1-20 and the annexation area west of 94th in the southwest corner is designated R1-12 . The zoning designations so described are illustrated in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, The proposed zoning is consistent with the Comprehensive Plan Map designation SF-6 , single family residential ; NOW THEREFORE, 2 SECTION I . Pursuant to the Kent City Code §15 . 09 . 055 and the laws of the State of Washington, the zoning for the area known as the Beck Annexation Area shall consist of zoning as outlined in Exhibit A. SECTION 2. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance . SECTION 3 . EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST : BRENDA JACOBER, CITY CLERK 3 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 beckanne.ord 4 7i- I m - I � yll � § RPM, S , go Vim-•iesa.,,.�3"w.-x 1 I-s�t^`�''��i�'.k��``"'� n�� ii a"�'C 2�F�-w ��.,� I . ■�.� Eel", n � 'C +-�•-'>3} „£` T .z,G wad n Y•w '*s' sr`- '4``fi.€.35s5 `e -z �v '4E:a LL1'b 4 'k 2 � h w lid 'Jt�,.,r+r'eg"Fa' _ Za. �Y �^ 2�..F Ail VL d°rL'.�'�1�fi'tG'�ty1'.�- -01 I S��' a�»rr��%F n.-'.-� v•ram��°�-f �rZ x ��zfi+ � � ®,� t `Q'I I r2. 5 �.0 "q -m .�A"IN 44 miy _ � T(�T �'w �1g��� ■ �. *� 0 4 x{ f t ti vx u ■ 4 I I,r`a,a 4 yv 4 $z bR• C q - Y a im ��� I�, ■ ��v��1'.�� S4. � „`'`` 1"..a�....:�s§..s't-.u, 'iss'Li^ � �� i� I�l . .` ■`■���'�"a,.is r t� �� -- � ,,, I-- Iryru ��/1�r� �a W f�I� ■�■�Tt�.7/c,���1U _ ter, � _ Kent City Council Meeting Date Auctust 1 1995 Category Consent Calendar 1. SUBJECT: BICYCLE ADVISORY BOARD 2 . SUMMARY STATEMENT: Confirmation of the Mayor' s reappoint- ment of David Hoffman to continue serving as a member of the Kent Bicycle Advisory Board. Mr. Hoffman' s term will continue to 12/31/96. w, 5chm�df', Gefa Id SGkm"d-', Confirmation of the Ma or's appointments ofyDonna Gregory, Reginald Carter, and Ro anne Ketch as new members of the Kent Bicycle Advisory Board. Ms. Gregory, Mr. Carter and Ms. Ketch have indicated an interest in serving on the Board and #irt are ,.osa interested in safety issues. Their termswill continue to 12/31/95 . c S 3 . EXHIBITS: Memorandum from Mayor White 4 . RECOMMENDED BY: Mayor White (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 MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS r� FROM: JIM WHITE, MAYOR DATE: JULY 31 1995 SUBJECT: APPOINTMENT TO KENT BICYCLE ADVISORY BOARD I have recently appointed Gerald Schmidt as a new member of the Kent Bicycle Advisory Board. Mr. Schmidt is an avid bicyclist and has indicated an interest in serving on the Board. His term will continue to 12/31/95. I submit this for your confirmation. JW:jb MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOR DATE: JULY 26, 1995 SUBJECT: REAPPOINTMENT AND APPOINTMENTS TO KENT BICYCLE ADVISORY BOARD I have recently reappointed David Hoffinan to continue serving as a member of the Kent Bicycle Advisory Board. Mr. Hoffman's term will continue to 12/31/96. I have also recently appointed Donna Gregory,Reginald Carter,and Roxanne Ketch as new members of the Kent Bicycle Advisory Board. Ms.Gregory,Mr.Carter and Ms.Ketch have indicated an interest in serving on the Board and they are especially interested in safety issues. Their terms will continue to 12/31/95. I submit this for your confirmation. JW.jb Kent City Council Meeting Date August 1, 1995 Category Consent Calendar 1. SUBJECT: MERIDIAN ANNEXATION AN-94-7 2 . SUMMARY STATEMENT: Authorization __ to set August 15, 1995, as the date for a public hearing on the Meridian Annexation. The Boundary Review Board (BRB) tentatively approved the Meridian Annexation on July 20, 1995. The BRB's final resolution on this matter should be approved no later than August 10, 1995. 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. 3E Kent City Council Meeting Date August 1, 1995 Category Consent Calendar 1. SUBJECT: 98TH AVENUE WATER MAIN RELOCATION____ ____-_ ___.-- s 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, ccept as complete the contract with Gary Harper Construction and release of retainage after State releases. The original contract was $44,940. 87 . The final construction cost was $55,870. 51, the overage being due to the alignment of Garrison Creek being changed from that shown on the original topographic drawing interfering with the pipe placement. Special fittings to join the new ductile iron pipe to the existing concrete pipe resulted in down time costs as well as excavation and material costs. F Ad ueq ate funds exist within the project fund to cover the overage. 3 . EXHIBITS: Public Works Director memorandum and vicinity map 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO '� YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3F DEPARTMENT OF PUBLIC WORKS s. July 24, 1995 TO: Public Works Committee FROM: Don Wickstromh"" RE: 98th Avenue Watermain Relocation This project consisted of moving a water line for the purpose of installing a detention pond. The contract was awarded to Gary Harper Construction for the bid amount of $44,940.87. The final construction cost was $55,870.51. The alignment of Garrison Creek changed from that shown on the original topographic drawing interfering with the pipe placement. As a result of the new �- alignment it was necessary to move the pipe both horizontally and vertically from the original design. Also, both end connections to the existing line required special fittings to join the new ductile iron pipe to the existing concrete pipe. Both the above conditions resulted in down time costs as well as increased excavation and material costs. The above conditions resulted in an overage in the cost of the original contract. Adequate funds exist within the project fund to cover the overage. ACTION: Recommend project be accepted as complete. J470 6 • N N � W I IY '� NI 11`t S 216TH W N SO, LTS TH ST. ` N o J, < SE 216TH ST 1 � r SE x is / + , P ST S 21fT11 a T ST \ + •. ST s N 5121h ..,♦ \ x IN(-USTRIAL AREA t F J " � W a " ST a f 222ND ST SE 222n sr o S 222ND v _ N x 12 7 " 7 SE 224TH " ST e 13 18 18 W — z �iaP`I > e NORT ,"• KEN ~ . INTC 6 z " 22 f 22M m S fT - ST .� SE 229rH PL 22T 22 " W PROJECT LOCATION ; Tpv y 2 < q ` \E 231 ST 1 S 313T S ST r 0 (r 30 NOVAK S 232ND f 2 2ND 232 5T ST .'• S " s 94TH CT S 00 I > b < N , CAI " S 236TH r > .�'Af..l: sr �i j ' t.:• '.:ri i LDRON i 2 aE WAY �1(TE` S.237TH PLopq r�I H,��i. N Pyt \ C1 i � � m E O < s u S238TN _. rr w x TWO SE 239TH F _ C r1 _ _ < fr < ` < = a S 2 PL co t�� g o i Es ST 4 i ` a s 240 4 ST .18 17 t JRtM MILL I. 24 ul C S 241ST ST r ELEMENTARY SCHOOL < E SCHOOL < Athletic FId CE ET .x < ; < M EER f 3c rO S 242ND` = z o ST a M ILLA E TEMI IERAPE ST = T P S 243RD >< 7 lT iT = x 4 +KE KENi� -•. SMITH Sr Z S 44TH 2 I = < NIE SR. v jL/.� ST - f n WARC CTR .�'F.l1.�1.. sr z a ;= "��' 98th AVENUE WATERWLIN RELOCATION _ c:-RE17E`'•.�� ' ST.JAM IS I M KER= ST : y r0 ~'�;V• iy, SCHOOL E i ST rW WEILAND S TACOMA ST��! 9�. :T ST 247TH sr sa�rw 4 ...... .... Kent City Council Meeting Date August 1 1995 Category Consent Calendar 1. SUBJECT: GLENN NELSON PARK TENNIS COURT RESURFACING 2 . SUMMARY STATEMENT: Acceptance of the Glenn Nelson Tennis Court resurfacing as complete and release of the retainage to Mid Pac Construction upon receipt of State releases. 3 . EXHIBITS: None i 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. 3G Kent City Council Meeting Date August 1 1995 Category Consent Calendar 1. SUBJECT: GLENN NELSON PARK RELIGHTING PROJECT 2 . SUMMARY STATEMENT: Acceptance of Glenn Nelson Relighting Project as complete and release of retainage to KB Electric upon receipt of State releases. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3H Kent City Council Meeting Date August 1 1995 Category Consent Calendar 1. SUBJECT: RIVERBEND GOLF COURSE NETTING PROJECT 2 . SUMMARY STATEMENT: Acceptance of the Riverbend Golf Netting Project as complete and release of the retainage to Driving Range Partners upon receipt of State releases. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff and B & T Design (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 DISCUSSION• ACTION• Council Agenda Item No. 3I Kent City Council Meeting Date August 1 1995 Category Consent Calendar 1. SUBJECT: POTENTIAL ANNEXATION AREA BETWEEN KENT AND AUBURN 2 . SUMMARY STATEMENT: As recomlt�ended by the Planning Committee, [uthorization to approthe Interlocal Agreement between Kent and Auburn on the pote tial annexation area and for the Mayor to sign the agreement.4L 3 . EXHIBITS: Agreement and Planning Committee minutes of 7/18/95 4 . RECOMMENDED BY: 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. 3J AN AGREEMENT BETWEEN THE CITIES OF KENT AND AUBURN RELATING TO POTENTIAL ANNEXATION AREA DESIGNATION THIS IS AN AGREEMENT between the Cities of Kent, a municipal corporation of the State of Washington ("Kent"), and Auburn, a municipal corporation of the State of Washington ("Auburn"), hereinafter collectively referred to as the "Cities." RECITALS A. Pursuant to RCW 36.70A.110(2), the Washington State Growth Management Act of 1990 as amended requires each City within the County to propose the location of an urban growth area, and B. The Countywide Planning Policies adopted and approved by Ordinance 10450 on July 6, 1992 by the County Council and amended by Ordinance 11446 on July 19, 1994 and ratified by Cities within the County, establishes rules for designating potential annexation areas for cities within the countywide urban growth boundary, and C. Countywide Planning Policy LU-31 states that in collaboration with adjacent counties and cities and King County, and in consultation with residential groups in affected areas, each City shall designate a Potential Annexation Area (PAA), and D. It is in the public interest that the jurisdictions cooperate to designate logical and achievable PAA boundaries, and NOW THEREFORE, the Cities hereby agree: 1. PURPOSE. The purpose of this agreement is to confirm the decision made between the Cities for the identification of PAA boundaries. 2. DEFINITIONS. Potential Annexation Area (PAA): The incorporated urban area adjacent to a City, within which urban growth shall be encouraged and phased, and which is expected to annex to the city. Annexation is expected to occur sometime during the next 20 years at which time the city will provide services and utilities. Potential Annexation Area is another term for a City's Urban Growth Area. Urban Growth Areas: Areas proposed by the Cities and designated by the County within which urban growth shall be encouraged and phased and outside of which growth can occur only if it is not urban in nature. A City's Urban Growth Area is another term for its Potential Annexation Area. Urban Growth Boundary: The boundary marking the limit between the urban growth areas and other areas such as rural and resource area where urban growth is not permitted. The boundary shall be designated by the County in consultation with the appropriate Cities, under the requirement of the Growth Management Act, as amended. 3. PUBLIC PROCESS. The designation of PAAs in Exhibit A (map) attached hereto and by this reference made a part of this agreement are of interest to a variety of affected parties, including property owners, area residents, the general public, special service districts and the municipalities. 4. RELATIONSHIP TO EXISTING LAWS AND STATUTES. This Agreement in no way modifies nor supersedes existing laws and statues and is consistent with existing laws and statues. In meeting the commitments encompassed in this Agreement, all parties will comply with the requirements of the annexation Statutes, Open Public Meetings Act, State Environmental Policy Act, Growth Management Act and Countywide Planning Policies for King County. 5. RESPONSIBILITIES. A. The Cities acknowledge the PAA boundary described in Exhibit A. B. The Cities will only annex territory within their designated PAAs. C. The Cities shall conduct a public involvement process that includes, but is not limited to workshops, surveys, or hearings in areas within the PAA, prior to the inclusion of any additional areas within the PAA. 6. AMENDMENTS. A. A city which desires to modify the Potential Annexation Area shall contact the other party to this Agreement to begin discussions regarding potential annexation area boundary amendments. The Cities agree to participate in such discussions when called. Either Party is authorized to call a meeting upon 30 days written notice. B. The proposed amendments shall be supported by written evidence of a significant change in one of the criteria listed in paragraph 61). Below. The Cities shall concur that the substantial change warrants an amendment to the original designated PAA. C. A public process shall be conducted regarding an amendment to a potential annexation area as described in 5(C) above. D. Criteria for Designation of Potential Annexation Areas • Recognition of resident community identification. • Financial and technical ability to provide municipal services. 2 • Creation of logical service areas (vehicular accessibility and utility construction). • Recognition of physical boundaries. Bodies of water Topographical features Watersheds Freeways • Protection of critical/resource areas significant to a particular jurisdiction. Protection of critical areas Opportunities for urban separators • Logical boundaries. Elimination of unincoporated islands No overlapping potential annexation areas E. The proposed amended PAA agreement shall be submitted to the respective legislative authorities for approval. 7. DURATION AND TERMINATION. This Agreement is effective upon signature of both parties and shall continue in effect from year to year unless terminated by a six month written notice by one party to the others. S. SEVERABILITY CLAUSE. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 9. INDEMNIFICATION. A. The City of Kent shall indemnify and hold harmless the City of Auburn and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City of Kent, its officers, agents and employees, or any of them, in the performance of this Agreement. In the event that any such suit based upon such a claim, action, loss or damage is brought against the City of Auburn, the City of Kent shall defend the same at its sole cost and expense; provided, that the City of Auburn reserves the right to participate in such suit if any principle of governmental or public law is involved. If final judgment be rendered against the City of Auburn and its officers, agents and employees, or any of them, or jointly against the City of Kent and the City of Auburn and their respective officers, agents and employees, or any of them,the City of Kent shall satisfy the same, including all chargeable costs and attorney's fees. B. In executing this Agreement, the City of Auburn does not assume liability or responsibility for or in any way release the City of Kent from any liability or responsibility which arises in whole or in part from the existence or affect of Kent City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such Kent City ordinance, rule or regulation is at issue, the City of Kent shall defend the same at its 3 sole expense and if judgment is entered or damages are awarded against the City of Auburn, the City of Kent shall satisfy the same, including all chargeable costs and attorney's fees. C. The City of Auburn shall indemnify and hold harmless the City of Kent and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City of Auburn, its officers, agents and employees, or any of them, in the performance of this Agreement. In the event that any such suit based upon such a claim, action, loss or damage is brought against the City of Kent, the City of Auburn shall defend the same at its sole cost and expense; provided, that the City of Kent reserves the right to participate in such suit if any principle of governmental or public law is involved. If final judgment be rendered against the City of Kent and its officers, agents and employees, or any of them, or jointly against the City of Kent and the City of Auburn and their respective officers, agents and employees, or any of them, the City of Auburn shall satisfy the same, including all chargeable costs and attorney's fees. D. In executing this Agreement, the City of Kent does not assume liability or responsibility for or in any way release the City of Auburn from any liability or responsibility which arises in whole or in part from the existence or affect of Auburn City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such Auburn City ordinance, rule or regulation is at issue, the City of Auburn shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City of Kent, the City of Auburn shall satisfy the same, including all chargeable costs and attorney's fees. 10. ADMINISTRATION. This Agreement shall be administered by: A. The Mayor of Kent or the Mayor's designee, and B. The Mayor of Auburn or the Mayor's designee. CITY OF KENT CITY OF AUBURN Jim White Charles A. Booth Mayor Mayor Date Date 4 Approved as to Form: Approved as to Form: City Attorney City Attorney BHS\KENTAGRT 5 E "I = 2 - J Q x o III € Z a, Q i�i w w O Z C r c Z Q w „ Q ' ''i•z i__: I : __ LU ro _ - I I y � ar-tj�m�a � •' v.- t t}+1•. I I .�`}''�•_�C��`,�r _- _ '_ am z I y I —__-- _— _� ✓'.:I� it iI� sF-?- •T.___'- --I- i - � _ � { I 1 CITY COUNCIL PLANNING COMMITTEE MINUTES JULY 18, 1995 PAGE 2 newly remodeled housing units for low income housing. She said besides for the acceptance of Section 8 certificates, she didn' t think the City could enact such a policy. Discussions followed pertaining to affordable housing development, possible incentives through State programs to encourage future affordable development . Ms . Ball said the questions and comments of today are typical of the input that would be beneficial at the workshop. Chair Orr asked the guests what they would like to see the City of Kent do to support the conference . Mr. Daniels said they would like to see a resolution supporting the conference as well as participation by elected officials . Chair Orr said she would alert the Council of the workshop tonight, but present the resolution at the August 1st full meeting of the City Council . Council member Clark MOVED to draft a resolution supporting the South King County cities in a Housing Workshop on August 23 , 1995 at Federal Way' s Visitation Center from 5 : 00 to 8 : 00 p.m. Council member Johnson SECONDED the motion. There was no further discussion and the motion CARRIED. INTERLOCAL AGREEMENT BETWEEN KENT AND AUBURN - J. HARRIS Jim Harris, Planning Director, said this agreement is similar to other interlocal agreements, which sets the joint Potential Annexation Area (PAA) boundaries of adjacent cities . He outlined the joint proposed PAA boundary changes as submitted by the City of Auburn, and said the last agreement was in 1969 between the Cities of Kent and Auburn which defined the PAA boundary at 272nd street . He referred to a map contained in the agreement which detailed the exact boundary. He said also included within the agreement is the process necessary and responsibilities of the Cities if changes are to be made to the PAA boundary. Mr. Harris said the Law Department has not yet fully reviewed the document, although Ms . Evezich discovered one minor omission, and that possible changes would need to be made . Council member Johnson MOVED to recommend approval of the Interlocal Agreement between Kent and Auburn, with a caveat by the Law Department . Council member Clark SECONDED the motion. There was no further discussion and the motion CARRIED. ADDED AGENDA ITEMS Mr. Lubovich gave an update on the requested environmental review for the Saturday Market location. He said ground water testing is scheduled because of the industrial uses east of the market location the City intends to purchase . Linda Johnson of the Kent Kent City Council Meeting Date August 1 1995 Category Consent Calendar 1. SUBJECT: SOUTH KING COUNTY HOUSING FORUM 2 . SUMMARY STATEMENT: --As recommended by the P��71a�n�ning Committee on July 18, 1995, option of Resolution No. /YY O in support of the South Kin County Housing Forum scheduled for Wednesday, August 23 , 199,5', at Federal Way' s Visitation Center from 5: 00 to 8 : 0o p.m. � Councilmembers are encouraged to attend. 3 . EXHIBITS: Resolution and Planning Committee minutes of 7/18/95 4 . RECOMMENDED BY: 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. 3K RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent , Washington, expressing support for the South King County Housing Forum' s Housing Workshop of August 23 , 1995 . WHEREAS, the City of Kent ' s Housing Element of its Comprehensive Plan directs the City to actively participate in regional responses to affordable housing development needs and issues, including the participation in and promotion of the development of countywide resources, funding, and programs to assist low- and moderate-income households in obtaining affordable housing, and to work in cooperation with other jurisdictions to ensure an equitable and rational distribution of affordable housing to all income groups throughout the county; and WHEREAS, the City of Kent has an established and recognized housing need which is, in part , revealed by the fact that 90 percent of Kent ' s low-income households have housing costs that are unaffordable, thereby putting those households at risk of homelessness or of not meeting their other basic needs, and by the fact that to be able to afford to purchase a home in Kent a household has to earn more than the County' s median income, and that low-income households make up 20 percent of Kent ' s households and at least half of Kent ' s households earn less than the County' s median income; and WHEREAS, affordable housing is essential to healthy families and communities, to thriving schools, economic growth, in maintaining a stable community, and attracting new businesses to the area; and WHEREAS, the Growth Management Act creates a strong new local government requirement for the "provision of affordable housing for all economic segments of the community" , and that the Countywide planning policies and Kent ' s comprehensive plan further require that at least 17 percent of Kent ' s housing shall be affordable to those making 50 to 80 percent of median income (otherwise known as moderate-income) and 20 percent of Kent ' s housing shall be affordable to those making less than 50 percent of King County' s median income (otherwise known as low-income) , and that a regional housing entity can be a good method in helping to meet these housing targets and requirements; and WHEREAS, the South King County Housing Forum is a grass roots organization whose membership includes church and civic groups, banks, staff from local jurisdictions, social service agencies, nonprofit developers, rental property owners, and others with an interest in housing issues; and where the Forum' s mission is to build an inclusive, committed and cohesive alliance 2 among communities in South King County which works to create affordable and appropriate housing opportunities for everyone ; and WHEREAS, the South King County Housing Forum held a Community Housing Conference on October 1 , 1994 , of which the City of Kent was one of the many sponsors , and at which there was an unanimous motion by the many conference participates to initiate a conversation with South King County cities to work toward a regional housing organization for housing education, networking, and action; and WHEREAS, the City Council at its April 2 , 1995 meeting authorized the City of Kent to participate with other South King County cities in exploring a regional mechanism to address South County Housing needs and issues, in recognition of both the efficiency and cost-effectiveness of addressing housing needs on a regional level ; and WHEREAS, a regional housing entity which focuses on South County housing issues would provide each South County jurisdiction with a stronger influence in countywide discussions regarding housing, in accessing housing funding and resources, and would provide a stronger voice regarding the fair share distribution of housing throughout the County and South County; and 3 WHEREAS, the South King County Housing Forum will hold a Housing Workshop on August 23 , 1995 at Federal Way' s Visitation Center from 5 : 00 to 8 : 00 pm to discuss with South County elected officials and others their interest in uniting the efforts of the South King County cities regarding affordable housing by creating a regional housing entity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS : SECTION 1 . The City supports the South King County Housing Forum' s Housing Workshop of August 23 , 1995 at Federal Way' s Visitation Center from 5 : 00 to 8 : OOpm. Furthermore, the City encourages all South King County elected officials to attend and participate in the Workshop . Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1995 . Concurred in by the Mayor of the City of Kent, this day of 1995 . JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 4 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No . , passed by the City Council of the City of Kent, Washington, the day of 1995 . (SEAL) BRENDA JACOBER, CITY CLERK housing.res 5 CITY Of CITY COUNCIL PLANNING COMMITTEE MINUTES au�4� July 18 , 1995 4 : 00 PM Committee Members Present City Attorney' s Office Leona Orr, Chair Roger Lubovich Jon Johnson Laurie Evezich Tim Clark Planning Staff Other Guests Jim Harris Dini Duclos - South King Fred Satterstrom County Multi-Service Center NanSea Potts Dave Daniels - South King Margaret Porter County Multi-Service Center Lin Ball Linda Johnson - Kent Downtown Partnership SOUTH KING COUNTY HOUSING FORUM - L. BALL Lin Ball, Human Services Manager, introduced guest speakers Dini Duclos and Dave Daniels, of the South King County Housing Forum. She said the forum was given support last April by the City Council to explore a mechanism to address affordable housing for south King County. Ms . Ball said the purpose of today' s visit is to present information on an upcoming workshop to be held in August . Dave Daniels, Chair of the South King County Housing Forum, distributed an informational flyer detailing the conference scheduled for Wednesday, August 23 , 1995 , at Federal Way' s Visitation Center, from 5 : 00 to 8 : 00 p.m. He said the workshop is intended to unite the efforts of the south King County cities to achieve affordable housing by creating a regional planning network. Mr. Daniels said the purpose of today' s visit is to ask the City of Kent to join the other south King County cities participating in the program. Discussions continued regarding the projected demand for low to moderate income housing, assessment of current affordable housing stock, and possible funding incentives to promote well-managed, safe, affordable housing. Dini Duclos , Executive Director of the South King County Multi- Service Center stressed the importance of Kent, Federal Way, Auburn sharing their housing issues, to work together for viable solutions and form the leadership to achieve affordable housing throughout south King County. Laurie Evezich answered Chair Orr' s question regarding the legal ramifications of requiring landlords to set aside a portion of CITY COUNCIL PLANNING COMMITTEE MINUTES DULY 18 , 1995 - PAGE 2 newly remodeled housing units for low income housing. She said besides for the acceptance of Section 8 certificates, she didn' t think the City could enact such a policy. Discussions followed pertaining to affordable housing development, possible incentives through State programs to encourage future affordable development . Ms . Ball said the questions and comments of today are typical of the input that would be beneficial at the workshop . Chair Orr asked the guests what they would like to see the City of Kent do to support the conference . Mr. Daniels said they would like to see a resolution supporting the conference as well as participation by elected officials . Chair Orr said she would alert the Council of the workshop tonight , but present the resolution at the August 1st full meeting of the City Council . Council member Clark MOVED to draft a resolution supporting the South King County cities in a Housing. Workshop on August 23 , 1995 at Federal Way' s Visitation Center from 5 : 00 to 8 : 00 p .m. Council member Johnson SECONDED the motion. There was no further discussion and the motion CARRIED. INTERLOCAL AGREEMENT BETWEEN KENT AND AUBURN - J. RARRIS Jim Harris, Planning Director, said this agreement is similar to other interlocal agreements, which sets the joint Potential Annexation Area (PAA) boundaries of adjacent cities . He outlined the joint proposed PAA boundary changes as submitted by the City of Auburn, and said the last agreement was in 1969 between the Cities of Kent and Auburn which defined the PAA boundary at 272nd street . He referred to a map contained in the agreement which detailed the exact boundary. He said also included within the agreement is the process necessary and responsibilities of the Cities if changes are to be made to the PAA boundary. Mr. Harris said the Law Department has not yet fully reviewed the document, although Ms . Evezich discovered one minor omission, and that possible changes would need to be made . Council member Johnson MOVED to recommend approval of the Interlocal Agreement between Kent and Auburn, with a caveat by the Law Department . Council member Clark SECONDED the motion. There was no further discussion and the motion CARRIED. ADDED AGENDA ITEMS Mr. Lubovich gave an update on the requested environmental review for the Saturday Market location. He said ground water testing is scheduled because of the industrial uses east of the market location the City intends to purchase . Linda Johnson of the Kent Kent City Council Meeting Date August 1, 1995 Category Consent Calendar 1. SUBJECT: GMPC HOUSING FINANCE TASK FORCE 2 . SUMMARY STATEMENT: -As- recommended by the Planning Committee at the June 20, 1995 meeting,'Adoption of Resolution No. /qY1 endorsing the preliminary finance recommendation of the King County Housing Finance Task Force'.` A City Council Workshop was held prior to this meeting. 3 . EXHIBITS: Resolution and Planning Committee minutes of 6/20/95 4 . RECOMMENDED BY: 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. 3L RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent , Washington, endorsing the Growth Management Planning Council ' s (GMPC) Housing Finance Task Force recommendation for new countywide funding sources for affordable housing.- WHEREAS, there is a substantial amount of housing need throughout the County: approximately 130 , 000 low and moderate income households pay more than 30 percent of their income for housing; of these, about 54 , 000 spend more than half their income on housing; these 130, 000 households account for over 20 percent of all King County households, households that are struggling each month to pay their rent or mortgage and still have enough money left over to pay other bills and necessities; and WHEREAS, the 1994 Countywide Planning Policies state that by October 1994 , the Growth Management Planning Council (GMPC) or its successor shall appoint elected and community representatives to develop recommendations for providing low and moderate income housing and related services, and that within one year the committee shall recommend to the GMPC or its successor: 1) New countywide funding sources (s) for housing production and services, and a plan to establish this funding within three years; 2) Participation by local governments, including appropriate public and private financing, such that each jurisdiction contributes on fair share basis, and 3 ) Objectives for housing and related services, including measurable levels of housing production and costs to provide necessary related service; and WHEREAS, the King County Housing Finance Task Force was appointed in fall 1994 by the Growth Management Planning Council and charged with recommending a new countywide funding source (or sources) for affordable housing production and services; and WHEREAS, the Housing Finance Task Force released its Preliminary Financing Recommendation in May 1995, and the recommendation consists of three parts : 1) a shared commitment from jurisdictions to fund affordable housing, 2) creating a dedicated revenue source and 3) appealing to King County voters for a housing levy; and WHEREAS, communities which invest in affordable housing reap many benefits : people in service and entry-level jobs can live and work in their own community; low-income seniors who have lived their entire lives in a given community can continue living near friends and familiar stores and services; deteriorating neighborhoods and vacant lots are renewed with public investment ; jobs are created (for example, the Washington State Housing Finance Commission estimates its programs alone have supported 24 , 000 jobs) ; and increasing home ownership opportunities allow 2 more people to become stakeholders in their community, helping to invest in and maintain stable neighborhoods; and WHEREAS, while much affordable housing is provided without public investment , some types of desirable affordable housing cannot be provided by the private market alone; therefore, public-private partnerships are needed, and the funding sources recommended by the Housing Finance Task Force provide opportunities for such partnerships ; and WHEREAS, a- King County survey, cited in the Task Force ' s preliminary financing recommendation document, shows that King County voters consider affordable housing a high priority. In a list of ten potential new public services or projects that would require increased taxes, affordable housing for low-income residents ranks third behind law enforcement (fingerprint identification) and education (before and after school programs) ; and WHEREAS, the Housing Finance Task Force proposes the following strategies for new countywide funding and programs : Housing programs that are focused, that build and rehabilitate housing to address the highest priority countywide and local needs; a comprehensive financing approach that uses multiple sources of funds and raises funds from all King County communities; and a structure for the distribution of funds that 3 assures each community will participate in setting program priorities and approving the affordable housing which is built in their own community; and THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS : SECTION I . The City endorses the GMPC' s Housing Finance Task Force ' s recommendation for new countywide funding sources for affordable housing. Passed at a regular meeting of the City Council of the City of Kent , Washington this day of , 1995 . Concurred in by the Mayor of the City of Kent, this day of , 1995 . JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 4 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No . passed by the City Council of the City of Kent, Washington, the day of 1995 . (SEAL) BRENDA JACOBER, CITY CLERK lowinc.res 5 CITY COUNCIL PLANNING COMMITTEE MINUTES JUNE 20 , 1995 PAGE 3 repair would create if located in the M1 zoning district, as well as the value of the M1 zone as an unrenewable resource . She explained that allowing this unpermitted use would open the door for other non-complying uses locating to the zone, which would depredate the zone . However, she affirmed that support services to manufacturing uses is compatible in the district . Mr. Harris said Detroit Diesel is a prime example of a support service company which is successfully integrated in the M1 zone, opposed to Mr. Fitzthum' s personal residence which is located in the zone, but operating a prohibited use. Mr. Harris said allowance of this operation would erode the intent of the district, as well as setting a precedence for further non-complying uses . Chair Orr questioned if this issue would require a comprehensive plan review process instead of a regulatory review, based on the rules of the newly adopted Kent Comprehensive Plan and the Growth Management Act . Mr. Fitzthum asked if the Home Occupation category of the Business License regulations could be revised to allow his use in the M1 zone, admitting he would be unable to comply with several specifications of the Home Occupation Agreement . Mr. Harris said the intent of the Home Occupation is for home businesses located in residential neighborhoods and apartments, not for businesses located in left-over homes located in manufacturing zoning districts . Discussions followed. Councilmember Woods said she did not want the M1 zoning requirements to change, and that it is important to keep the integrity of that area. Mr. Harris clarified that there were a few isolated houses remaining in the district, and three houses to the South were recently destroyed for future approved development . Mr. Satterstrom added that the Hearing Examiner gave an August 1st time frame to resolve the code violation; and perhaps the Hearing Examiner would allow Mr. Fitzthum an extension to locate to another location. Mr. Satterstrom said the Hearing Examiner has put the Council in an awkward position. Chair Orr also agreed that the zone should be preserved, and a negative precedence would be set if this use was allowed for an extended period of time . She suggested this item be returned to the Hearing Examiner for a extension in time to resolve the matter. GMPC HOUSING FINANCE TASK FORCE - (B. Czark) Betsy Czark, Planner, introduced guests from the Growth Management Planning Council Housing Finance Task Force, which was formed in the fall of 1994 . Two of the guest speakers are members of the Housing Finance Task Force : Josephine Tamayo Murray, Executive CITY COUNCIL PLANNING COMMITTEE MINUTES JUNE 20, 1995 PAGE 4 Director of Catholic Community Services; and Carla Okigwe, Executive Director of the Seattle-King County Housing Development Consortium. The third guest speaker, Maureen Kostyack, is staff to the task force . Ms . Czark said the GMA required a task force be created to develop a new county-wide funding source or sources for affordable housing, and the guests are here today to discuss the task force' s preliminary funding recommendation and to receive input for an ultimate recommendation amenable to all King County jurisdictions . Ms . Okigwe began the briefing by stating her position on the task force, and the mission of the task force . It is : 1) To develop a new county-wide funding force for housing production and services . They plan to establish this funding within 3 years . 2) To work on participation by local governments, including appropriate public and private financing, such that each jurisdiction contributes on a fair share basis . 3) Objectives for housing and related services, including measurable levels of housing production and costs to provide necessary related service . Ms . Okigwe said there is a substantial amount of need throughout the County. There are about 130 , 000 households in need with about half of those households paying over half of their income for housing. She said their goal is have the jurisdictions work together to help meet these needs . Josephine Tamayo Murray added that the task force is comprised of not only government officials, but also bankers and other business interests from the Chamber, which creates a multi-partisan approach to assessing financing for housing needs . She said the financing plan contains three principles for funding housing programs . They are : 1) housing programs that are focused to address the highest priority in the locality. 2) A comprehensive approach using a multiple of sources . 3) A structure for distributing funds, which uses local community input . Ms . Murray said the first step to fund affordable housing in 1996- 1997 is to establish a shared commitment from local jurisdictions . There are three parts to the task force' s recommendation: 1) Local jurisdictions contributing $1 . 00 to $2 . 00 per person into a fund; 2) creation of a dedicated revenue source through the Legislature, such as allocation of a portion of document recording fees and sales tax revenues; 3) voter approval for a regional levy in 1997-98 . She said the next step is to finalize this recommendation in July, create an action plan and steps for each element of the recommendation, and present the plan to the Growth Management Planning Council on September 20 , 1995 . Maureen Kostyack emphasized the need, importance and . accomplishments of the housing programs , saying now public CITY COUNCIL PLANNING COMMITTEE MINUTES JUNE 20, 1995 PAGE 5 education is necessary to start small , prioritize expenditures by using existing revenues, so as to ultimately approach the Legislature with local progress in addressing housing, and to request additional help. The task force members asked the Planning Committee members for their comments . Councilmember Clark expressed his concern regarding the lack of understanding by the voting public of South King County' s problems, and that they have no real sense of community. Ms . Okigwe said according to results of a recent county-wide survey, public approval concerning housing issues appear to be improving. Discussions followed concerning possible approaches to realizing their goal considering the recent defeat of other issues, such as the RTA. Mr. Harris raised the possibility of formation of a coalition with another group requesting regional funds . Ms . Okigwe asked if Kent would be interested in being included in an initial group of cities to agree to commit to the first phase of $1-$2 per capita. Councilmember Woods felt a request for funding at the Housing Finance Task Force presentation at the Roundtable discussion last week would have been good. Only a request for cities and the Roundtable to pass a resolution in support of the concept was discussed. Councilmember Clark said he felt citizen groups in Kent should approach the City Council as a community, rather than the City asking for support of the citizens . Carla stated that such a citizen-driven campaign is in the works . Mr. Harris asked if a resolution was in order to be adopted by the Council endorsing the preliminary finance recommendation concept and do what it can, within budget constraints, to participate without necessarily committing 1996 dollars . He said although it is not money, it was a start . Councilmember Woods MOVED to endorse the preliminary finance recommendations of the King County Housing Finance Task Force . Councilmember Clark SECONDED the motion. The motion CARRIED. Members of the task force discussed a slide presentation they wished the Councilmembers and citizens to view. Mr. Harris commented that the report submitted by the task force was very informational . CONCURRENCY DRAFT ORDINANCE - (R. Lubovich) Roger Lubovich, City Attorney, read a section from a statute from the RCW dealing with concurrency as related to the adopted Kent Comprehensive Plan. He said according to the GMA, concurrency requirements are applicable to Transportation Element . He said in Kent City Council Meeting Date August 1 1995 Category Other Business 1. SUBJECT: SOUTH BEND FINAL PLAT SU-94-8 2 . SUMMARY STATEMENT: This meet!Ag1 ^^PX-i4 ^"-fhe South Bend final plat e--T" Plat is located at the northeast corner of S.E. 270th Street and 116th Avenue S.E. , in the recently annexed East Hill/Ramstead annexation area. The plat is 4. 77 acres in size. The preliminary plat was approved by King County (File No. S89P0134) and upon annexation to the City, the final plat fell under Kent' s jurisdiction. 3 . EXHIBITS: Staff memo; map; Office f the Zoning and Subdivision Examiner (Building and Land Development File No. S89P0134) Findings; and King ounty Ordinance No. 10295 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL PERSONNE IMPACT: NO YES 6. EXPENDITURE REOUIRED: SOURCE OF FUNDS: 7 . CITY COUNCIL ACTI,(ON: Councilmember moves, Councilmember seconds to approve the staff' s recommendatio of approval for the South Bend Final P1�, ith conditio s, ccording to King County Ordinance No. 10295 brfd File No. S89 134 , and authorizing the Mayor to sign the final plat mylar. DISCUSSION: ACTION: Council Agenda Item No. 4A CITY OF J SO-,��� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM August 1, 1995 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: SOUTH BEND FINAL PLAT #FSU-94-8 On March 9, 1992, the King County Council approved the South Bend Preliminary Subdivision (King County Building and Land Development File No. S89P0134), a 13-lot single family residential plat. The plat is located at S.E. 270th Street and 116th Avenue S.E. (Northeast corner) and contains 4.77 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 Joe Singh of Pacific Industries, Inc. on July 11, 1995. Pursuant to Section 12.04.400 of the Kent Subdivision Code, a meeting of City staff was held on December 21, 1994 to review the South Bend 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 South Bend Final plat No. FSU-94-8 according to the conditions referenced in Building and Land Development File No. S89POI34 and King County Ordinance No. 10295. JPH/mp:c:fsu948fp.cc cc: Fred N. Satterstrom, Planning Manager IVY H L C\i (�S- U -94 -8 ) 1 N A PORTION OF THE W 1 / 2 OF THE NW 1 /4 OF THE SW 1 /4 OF THE SW 1 /4 OF SEC . 28 , TOWNSHIP 22 N . RGE 5 E WILLAMETTE MERM IAN I�' C I TY OF KENT 21)J 28— K I NG COUNTY . WA>H I NGT,ON I LITTLE BEN) YOL. 166. 'G. 72 LAND) ' PUBLIC UTILT" AA]CEBS —I- PRIVATE SEWER EASEMENT MAINTENANCE EASEMENT (FROM LOT 10 TO LOT 9) 1 _ N pe'S3'I]'W 2e0 -- 65.)0 60.09' I 'I o I 1 2 \D e.019 $OFT. 10 I e V 9.297 SOFT. o\�i o I.J47 SOFT.�^N 5.549 SOFT. bd•l — 11— IS' PUBLIC UTILITY EASEM 0.- J\\ R J• tG r 111 5 ap'49'JB"E 1 s� e s S• G.. 55.01' 7.e10 SOFT. e, -CIJ' 0 ' S ]6, / �\ 6.52p SOFT, o a I10,J95b Ems_`• L6 T' `_15*STORM EASENI RAINAGE� h _ __ __ —5' PUBLIC o F••-- _. UTILITY EASMENT s ae'19'3a'E r e9.le' 7 P O y I tl Ow Q 5.865 SOFT. o TRACT ca' s ea.49'}e'E ° o N 19.322 SOFT. 100((. 9- - lD o •_ C 6.231 SOFT, o n of ie 3,29 05 E�__5 e5'49'35.E m 3 z S ee_49,Je_E 113.U' ' C 117 t h AVE SE. p3 7.263 SOFT. m 3e.15, m I \ o � 6• 5 p79.00 a'E m I v 1f1 mmr U I ]9.00' I _ 4� 25" IS. N: N of 1 oo of 7,517 SOFT. o v S.I9J SOFT SCALE 1'- 50' Oi +I . E ea'49'Je'E 600.00 ug 0 50' _. 100 o re. 7z sJF ,N ae•49'31W ` I I " — 5 5e'49'38'E mN 95.00' m y D 39 b 2 �s. 3a yr� �N 2 y i I E I I1.321 SOFT. \ r :rL5 l\ \�115.20 1 t 30' ..—.._.._.._.._s.CL'L:112_Er..11212:_..—..—. .. . II S . E . 270th ST . October 16, 1991 OFFICE OF THE ZONING AND SUBDIVISION EXAMINER KING COUNTY, WASHINGTON 300 Prefontaine Building 110 Prefontaine Place South Seattle, Washington 98104 REPORT AND RECOMMENDATION TO THE KING COUNTY COUNCIL. SUBJECT: Building and Land Development File No. S89P0134 Proposed Ordinance No. 91-127 Proposed Plat of SOUTH BEND - Generally located between Southeast 268th Street and Southeast 270th Street (if both roads were extended) and generally between 116th Avenue Southeast and 118th Place Southeast (if extended ) SUMMARY OF RECOMMENDATIONS: , Division's Preliminary: Approve, subject to - conditions (modified ) Division's Final : Approve, subject to conditions (modified) Examiner: Approve, subject to conditions (modified) i PRELIMINARY REPORT: The Building and Land Development Division' s Preliminary report on Item No. S89P0134 was received by the Examiner on August 30, 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. S89P0I34 was opened by the Examiner at 9:15 a.m. , September 17, 1991, in Room No. 2, Building and Land Development Division, 3600 - 136th Place S.E. , Suite A, Bellevue, Washington, and closed at 11: 05 a.m. 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. I FINDINGS, CONCLUSIONS 6 RECOMMENDATION: Having reviewed .the record in this matter, the Examiner now makes and enters the following : FINDINGS: 1. General Information: STR: • 28-22-5 S89P0134 Page - 2 Location: Generally located between Southeast 268th Street and - Southeast 270th Street ( if both roads were extended) and generally between 116th Avenue Southeast and 118th Place Southeast (if extended ) Zoning: SR 9600 Acreage: 4.77 Number of Lots: 13 (revised) Typical Lot Size: Ranges from 6,500 to 12,500 square feet Proposed Use: Detached single family residences Sewage Disposal: city of Kent - Water Supply: - City of Kent Fire District: 137 - Kent _. School District: 1415 - Kent 2. Except as modified herein, the facts set forth in the King County Building and Land Development Division's Preliminary Report to the Zoning and Subdivision Examiner for the September 17, 1991, public hearing are found to be correct and are incorporated herein by this reference. Copies of the Building and Land Development Division report will be attached hereto for submittal to the County Council. BALD's staff recommends approval of the application subject to conditions. 3 . The applicant, Lakeridge Development Company of Renton, Washington, proposes to develop 4 .77 acres into 13 lots for residential single family use. There is an existing house on the site which will be retained; therefore , the number of new residences which will result from the development is 12. The site slopes generally from east to west at an overall gradient of about 8%. There is a seasonal creek and associated wetland which enters the site at its southerly end and exits about 150 feet south of the northwest corner . Portions of this wetland and its associated buffer are proposed to be filled for the ' creation of the access road system. 4 . A SEPA Mitigated Determination of Nonsignificance was issued for this project on February 19, 1991. SEPA conditions relate to the treatment of drainage on the site and the onsite wetlands and stream. The drainage condition requires flows from the site (which enter into the Soos Creek system) to be detained to achieve a non-erosive release rate. The wetlands conditions allow the filling of a portion of the wetland for road development subject to mitigation at a 1:1 ratio. No specific mitigation is required for filling of the wetland buffer. However, the applicant has proposed to provide native plantings to create wildlife habitat within the two-celled open drainage pond, and the conditions of mitigation require the submittal of an enhancement plan to increase biological diversity and complexity within the disturbed wetland and buffer system. The wetland area is also subject under the SEPA conditions to a 50-foot buffer requirement, which may be reduced to an average width of 35 feet upon review of the enhancement plan. The MDNS was appealed on March 5 , 1991, by a group of neighborhood residents. A decision was issued on the appeal on July 10, 1991, which upheld the 'threshold determination subject to a revision of the SEPA conditions to require road crossings of the onsite stream to comply with the requirements of Sensitive Areas Ordinance Section 95.B. S89PO134 Page - 3 5. The BALD staff report indicates that the onsite wetland is somewhat larger than shown on the revised plat map. Moreover , because of its offsite extension the wetland has been rated by King County as a Class 2 wetland requiring a 50-foot buffer. The plat map only shows a 25-foot buffer around the wetland. -As noted, the SEPA conditions allow reduction of the buffer to 35-foot average width, but only if the enhancement plan will result in an increase in wetland diversity and complexity. Compliance with the SEPA condition and the need to revise the wetland delineation will require the submittal of a revised plat map. 6 . Development of the road system as shown on the preliminary plat map will require the filling of approximately 6,500 square feet of wetland and. another 5,700 square feet of buffer. These figures are based on the original wetland delineation which concluded that the wetland would be rated by the County as a Class 3 wetland. Since the Countyis review of the applicant's wetland study has resulted in a Class 2 rating witha slightly larger total wetland area, one may assume that the amount of wetland to be filled may be larger than 6,500 square feet and definitely conclude that the amount of buffer to be impacted will be approximately twice the 5,700 square feet originally estimated. The applicant proposes to provide enhancement to the wetland buffer area in Tracts D and E, which have a total square footage of approximately 6,900 square feet. This is roughly equivalent to the area of wetland to be filled. In addition, the applicant has i proposed that its two-cell wet pond may be vegetated with native trees and shrubs to provide enhanced wetland habitat in a total area of approximately 13,000 square feet. 7. Like other plats within the immediate area to the north and east which either have been recently approved or are - currently under review, the proposed plat design for South Bend is significantly impacted by the arterial road proposed along 116th Avenue Southeast, which borders this plat on its entire western boundary. The County requirement that 116th Avenue Southeast be developed as an urban principal arterial has dictated both the layout of the plat and, as well, created the necessity for filling a portion of the onsite wetland. Moreover , the existence of Southeast 270th Street to the south of the property and the previously approved roadway for Southeast 267th Street to the north within the plat of Little Bend dictate the location of the internal roadway for this plat, 117th Place Southeast. That is to say, while it would be theoretically possible to access the interior of this plat at its north end from 116th Avenue Southeast without crossing either the stream or the wetland, this design option is precluded by the intersection spacing requirements of the King County Road Standards which do not al1low siting the interior access road for this plat that far north. The applicant has agreed to dedicate right of way of arterial width as a condition of receiving utility service from the City of Kent. However, the City is only requiring 40 feet of right of way dedication while King County has requested a full 50-foot dedication. The applicant has expressed some general displeasure at this extra dedication requirement , but has not firmly opposed it on the record. The •County Department of Public Works has offered some relief to the applicant from having to meet full arterial S89P0134 Page - 4 roadway construction requirements at this point in time. This is contained within a road standard variance (BALD File No. S91VO078 ) which allows the applicant to forego construction of curb, gutter, sidewalk and full urban arterial street width so long as a roadway with rural principal arterial design is constructed with asphalt thickness conforming to urban arterial requirements. This variance, which has also been applied to other plats within the 116th Avenue Southeast corridor , is intended to take into account the fact that the actual completion of the urban principal arterial may not be accomplished within the immediate future. With respect to other unresolved regional arterial design issues, it should be noted that this plat lies entirely north of Southeast 270th Street and is therefore outside of the area- being studied by the City of Kent for the location of its 272nd/277th Street corridor connection. Finally, it should also be noted that although South Bend will be traversed along its entire western boundary by the 116th Avenue arterial the plat design only envisions the creation of two double fronted lots along this roadway. This results from the fact that the western half of the property is also the location of the stream and the wetland, which buffer the majority of lots from the arterial. 8. The creek and wetland flow towards the north and curve off-site to the east parallel to the Kent-Kangley Road to enter .Soos Creek Wetland No. 50, some 2,000 feet downstream from the plat. The Soos Creek system has been identified as having erosion and sedimentation concerns in its downstream reaches. Accordingly , the restrictive Soosette drainage retention and release standard has been applied to this project through the SEPA process. The South Bend site is underlain by soils of the Alderwood variety which are considered to be erosional on steep slopes. While the applicant's environmental checklist states the maximum slope on site to be 9% , the contour lines on the preliminary plat map show that in some areas slopes reach 15% or more. Further , resource agencies, other than King County BALD, have expressed concern that the buffering provided to the wetland and stream needs to be increased to prevent downstream erosional and sedimentational impacts. In response to these concerns the BALD staff has proposed a separate erosion and - sedimentation control plan for this project , and Condition 8.B within this recommendation has been modified to make ESC requirements more stringent . At the public hearing on this application there was extensive discussion between the applicant and the BALD staff concerning the specific language proposed in the drainage conditions and , as well , the necessity for a geotechnical study as required by proposed Condition No. 10. While the applicant and the BALD staff resolved most of their differences of opinion with respect to the drainage conditions, the geotechnical study requirement remains in dispute. The applicant argues that the geotechnical study is redundant because the wetland evaluation indicates conclusively that the site is underlain by hardpan at a depth of about 18 inches. The applicant suggests that this information is all that is ' needed to determine road grading and construction requirements. The BALD staff contends that wetlands information is not adequate to satisfy engineering concerns. Specifically, the internal road system proposes S89P0134 Page - 5 to cross through the wetland area, and staff anticipates requiring information with respect to the saturation of the subgrade in that area. BALD argues that this requires engineering information beyond the soils data provided in the wetland report. 9. As with other new residential developments proposed within ---- itsservice area, the Kent School District has recommended denial of this plat based on its impacts upon already inadequate school facilities. BALD staff has pointed out in response to the School District that the application for South Bend was filed on December 14 , 1989, substantially prior to the eeEective date of either Ordinance No. 9785 or the State Growth Management Act . The BALD staff indicates that students from this development will walk to neighborhood schools and that it regards the walking facilities available to such students to be adequate. In this regard, however , it should be noted that .the staff analysis assumes that sidewalks and other walkways proposed for other plats within the area will be constructed and available to serve this development. Based on that assumption , the staff analysis appears to be supported by the record. 10. Residents living east of the proposed plat expressed general concern about the cumulative impacts of rapid urban density development on their neighborhood resulting from this project in combination with other recently approved subdivisions. Some questioned the appropriateness of high density development to the - previously existing rural area. Many suggested that i Southeast 270th Street east of the plat is not adequate to handle the increased traffic. With respect to traffic, no direct impacts requiring mitigation have been identified resulting from this application. Other concerns regarding cumulative impacts appear to be the inevitable consequence of zoning previously rural areas for urban density development. CONCLUSIONS: 1 . The King County Transportation Plan designates 116th Avenue Southeast, north of its intersection with Southeast 270th Street, to be an urban principal arterial corridor. The King County Road Standards require that a principal arterial be constructed within a minimum right of way width of 100 feet. Accordingly, the half-width arterial right of way requirement for the plat of South Bend is 50 feet. Even though this plat lies within an area which is expected to be annexed to the City of Kent, it is currently subject to King County requirements and , specifically, arterial development consistent with King County Road Standards. 2. The preliminary plat map for South Bend which was received by BALb on August 27, 1990, and which provides the basis for review of this application, is defective in a number _ of respects. First, it does not show 116th Avenue Southeast as a 50-foot right of way as required by the conditions of approval recommended herein. Second, BALD review of the wetlands delineation has determined that the wetlands are larger in size than indicated on the preliminary plat map. Finally, the buffer for the wetland shown on the August 27, 1990, plat map is 25 feet in width rather than the 50 feet required by the SEPA conditions for a Class 2 wetland. Accordingly, the preliminary plat map as submitted to the record does not provide a firm S69P0I34 Page - 6 basis for development of the subdivision as required by KCC 19.28.050.A. A revised preliminary plat map is therefore required for this application. 3. Having been originally filed in late 1989, the plat application for South Bend vested prior to the effective date of Ordinance No, 9163, which imposes the core and special requirements for drainage control further - -- elaborated in the 1990 Surface Water Design Manual . The proposed drainage conditions for this plat, which are found within recommended Conditions Nos. 8, 9, and 23.A, in many instances exceed the requirements stated in the 1979 Surface Water Management Manual. Imposition of some of these additional requirements are the result of the SEPA review process. The detention standard applicable to this plat, for example, is required by the SEPA conditions of mitigation. Other drainage requirements which appear in Condition No . 8 are part of the proposal submitted by the applicant and described in its environmental checklist. Specifically, the requirement for a separate erosion and sedimentation control plan, the requirement of a wet two-celled open pond vegetated with native wetland species, the requirements for oil/water separators and biofiltration are' all features of the proposal which have been described by the applicant in its environmental checklist and become part of the conditions of approval through the operation of KCC 20.44.040.8.1 . Finally, those portions of recommended Conditions Nos .- 8, and 9 which are not based upon the SEPA process are supported by relevant policies of the King County Comprehensive Plan. Applicable policies include No. E-307, which requires erosion and sedimentation controls in areas subject to erosion hazards; E-311, providing for the protection and enhancement of water quality through land development procedures; E-314, which seeks to preserve and maintain natural drainage systems; E-316, which looks to protect water quality and natural drainage systems through storm water runoff control; and, E-318 , which states that 'site plans and construction practices should be designed to minimize onsite erosion and sedimentation during and after construction. ' 4 . The applicant has questioned the necessity of a geotechnical study as proposed within recommended Condition No. 10. This study has been justified by BALD as necessary to deal with engineering issues arising out of the construction of two roadways and their intersection within an existing wetland area. We conclude that the geotechnical study requirement contained in Condition No. 10 is supported generally by Comprehensive Plan Policy No. - E-302 and more concretely by the terms of Comprehensive Plan Policy No. E-332. This latter policy requires that 'development on existing or former wetlands should occur only after careful soils analysis shows that construction measures can successfully mitigate potential ha;ands of unstable soil and drainage problems.' Police E-332, then, specifically supports the kind of geotechnical study required by dondition No. 10. 5. The preliminary plat application for South Bend was filed on December 14, 1989. This application is therefore vested with respect to the operation of both SB 2929 and Ordinance No. 9785. Moreover , the SEPA conditions applied to this plat do not contain any provisions requiring school facilities development . 6. If approved subject to the conditions recommended below, the proposed subdivision makes appropriate provision for S89P0134 Page - 7 the public health, safety, and welfare and serves the public use and interest. 7 . The conditions of approval recommended herein, including dedications and easements, will provide public improvements necessary to serve the subdivision, are required to make the proposed plat reasonably compatible with the environment and will carry out applicable state laws and regulations, and the laws , policies and objectives of the King County. RECOMMENDATION: Approve the preliminary plat application for South Bend as submitted to the record on September 17 , 1991 , subject to the following conditions of final plat approval. 1. Compliance with all platting provisions of Title 19 of the King County Code. 2. 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. 3 . 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. 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. i 4 . The August 27, 1990, preliminary plat shall be revised to conform with the BALD-approved wetland delineation, to supply required right of way dedication along 116th Avenue Southeast, and to provide wetland buffers and mitigation meeting the requirements of SEPA Conditions 23 .B and C. Wetland buffer reduction to 35 feet average width shall be approved only upon a determination by BALD that the enhancement plan will achieve no net loss of wetland functions and values. 5. The applicant must obtain final approval from the King County Health Department. 6. All construction and upgrading of public and private roads shall be done in accordance to the standards established and adopted by Ordinance No. 8041. 7. 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. . 8. Except as may be otherwise specifically provided by these conditions, final plat approval shall require full compliance with drainage provisions set forth in King County Code 9.04 and storm drainage requirements and guidelines as established by Surface Water Management at . the time of preliminary plat submittal. compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. a . BALD approval of the drainage and roadway plans is required prior to any construction. b . •A separate Erosion and Sedime.nt Control ( ESC) plan for this project shall be submitted with the engineering S89P0134 Page - 8 plans. The plan shall show areas to be cleared (limits of the clearing ) and provide a schedule of construction (construction sequence) . Unless Tract C is used as an erosion control settling pond with peak rate runoff control, all construction work related to clearing, filling and grading shall be limited to the drier months (April 1 through October 31, inclusive) . In any event, all construction work within wetlands and their buffers shall take place within the drier month period. . . C . Retention/detention ( R/D) facilities shall be located in tracts, unless located within improved King County rights of way. Maintenance access shall be provided to all facilities. This will require a 15-foot access roadway to all manholes (R/D) . Access must also be provided for maintenance of the entire pond. _ d . Prior to recording of the final plat those portions of the retention/detention facility necessary to control the flows discharging from the site shall be constructed and operational . e. Oil/water separation facilities shall be provided at each point of permanent storm drainage release from the site so contaminants do not enter natural drainage features. In addition to standard King County oil/water separators, the applicant is required to provide biofiltration prior to discharge of stormwater into any sensitive area ( e.g. streams, wetlands, lakes, etc. ) . Such biofiltration includes 200 feet of broad, flat-bottom, grass-lined swales) or equivalent systems ( i.e. , a two-celled vegetated pond with a minimum of 6 inches of dead storage) . f. Drainage outlets (stub-outs ) shall be provided for each individual lot, except for those '*lots approved for infiltration by King County. Stub-outs shall be shown on the engineered plans and shall conform to the following: 1 . Each outlet shall be suitably located at the lowest elevation on the lot, so as to service all future roof downspouts and footing drains, driveways, yard drains , and any other surface or subsurface drains necessary to render the lots suitable for their intended use. Each outlet shall have free-flowing, positive drainage to an approved stormwater conveyance system or to an approved outfall location. 2. Outlets on each lot shall be located with a five-foot-high, 2 ' x 4 ' stake marked 'storm' or 'drain'. The stub-out shall extend above surface level, be visible and be secured to the stake. 3.! Pipe material shall conform to underdrain specifications described in KCRS 7.04 and, if non-metallic, the pipe shall contain wire or other acceptable detection feature. 4. Drainage easements are required for drainage systems designed to convey flows through more than one lot. 5. The developer and/or contractor is responsible for coordinating the location of all stub-out conveyance lines with respect to the utilities - . , (e.g. , power, gas, telephone, television) . S89POI34 Page - 9 6. All individual stub-outs shall be privately owned and maintained by the lot homeowner. g. In some cases, on-site infiltration systems may be accepted for detention for the lots depending on soil conditions. To determine the suitability of the soil -' for infiltration systems, a soils report that includes percolation tests and a soil log taken at 6-foot minimum depth shall be submitted by a professional engineer, or soil specialist. This shall include, at a minimum, information on soil texture, depth to seasonal high water and the occurrence of mottling and impervious layers. The report shall also address potential down gradient impacts due to increased hydraulic loading on slopes and structures. Soil permeability data obtained from the design of the septic system may be used for the drywell retention system, provided data is submitted verifying that no . impervious layer exists within 6 feet of the soil surface. If the soils report is approved, the infiltration systems shall be installed at the time of the building permit. A note to this effect shall be _ placed on the map page of the recorded document. The drainage plan and the recorded document shall indicate each lot approved for infiltration. h. Include with the drainage plan a downstream analysis . This analysis must extend for a minimum distance of 1/4 mile from the point of release of each flow discharging from the site. The analysis must address any existing problems with flooding, capacity , overtopping, scouring, sloughing, erosion and sedimentation of any drainage facility, whether natural or man-made. Probable impacts due to construction of the project-must also be addressed with respect to these same concerns. Where this analysis reveals more restrictive conditions , more stringent drainage controls may be required than would otherwise be necessary for a project of this type. These controls may include additional on-site rate and/or volume controls, off-site improvements , or a combination of both. Any off-site improvements will require the approval of all affected property owners . i . Current standard notes and ESC notes, as established by BALD engineering review, shall be placed on the engineered plans. j . The following notes shall be provided in the map page of the recorded document: '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 i on file with the Department of Public Works. This plan shall be submitted with the application for any building permit. All connections must be constructed and approved prior to the 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 at the Public Works Record Center. ' S89P0I34 Page - 10 9. Undeveloped property exists adjacent to and upstream of the proposed subdivision. Offsite flows from the upstream property to the east appear to enter the site of the proposed subdivision along the east property line. To provide for potential future development, the final engineering plans shall include adequate storm water conveyance and drainage easements to collect all offsite flows. Conveyance may be provided in the form of a pipe located at the natural or existing discharge point of the adjacent properties. 10. The development of this plat includes a proposal to construct 116th Avenue Southeast and 117thPlace Southeast on existing wetland areas, subject toSEPA conditions. A geotechnical study must be submitted at the time of engineering plan submittal. This study shall address, at a minimum, the design requirements for construction of roads and any dewatering systems needed. The project engineering plans shall be designed to reflect the geotechhical report recommendations. A letter from the geotechnical .consultant shall be submitted with the engineering plans to verify that the prepared plans reflect their recommendations. 11. 117th Place Southeast shall be improved to King County Minor Access Street standards (KCRS 2.03) . 12. Southeast 270th Street along the south property line of the proposed plat shall be improved to King County half-street standards (KCRS 2 .06) for an urban neighborhood collector. 13. 116th Avenue Southeast shall be improved to King County half-street standards along the west property line of the proposed plat in accordance with approved road variance S91V0078. The applicant shall dedicate sufficient right of way to King County to provide a total of 50 feet from the centerline of 116th Avenue Southeast , unless a lesser amount is approved through a King County Road Variance. 14. To prevent the intersection of half-streets at 116th Avenue Southeast and Southeast 270th Street prohibited by KCRS 2,06, either 116th Southeast or Southeast 270th Street shall be built to full width standards (KCRS 2.02 and 2.03) . Any proposal to alter this condition shall require a variance tothe KCRS from the King County Department of Public Works. 15. All required road improvements shall be designed to urban standards unless otherwise approved by a King County Road Variance. , 16. The intersection of 116th Avenue Southeast and Southeast 270th Street shall be designed with a minimum 25 foot property line radius ( KCRS 2 .08 ) . 17. The revised preliminary plat map dated August 27, 1990, shows Lots 2 and 3 accessing directly onto Southeast 270th Street, which is classified as a neighborhood collector ( KCRS 2.03) . If the final engineering plans show Lots 2 and 3 accessing from Southeast 270th Street, then access shall be provided for both lots jointly and shall be improved with 22 feet of pavement and controlled drainage. Such access shall be recorded in a separate tract (26 feet wide ) to be dedicated to and maintained by the owners of Lots 2 and 3 . 18. The applicant shall comply with King County Ordinance 9747, King County road Mitigation Payment System (MPS) , by paying the required MPS fee as determined by King County S89P0I34 Page - 11 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 that: 'All fees required by Ordinance 9747, King County Road Mitigation Payment System (MPS) , have been paid; ' if the second opton is chosen, the fee paid shall be the amount in effect on the date of building permit application. 19. 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 beyond the building setback line, and within 25/100 year flood plains (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 the easement. This interest includes the i 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 in writing from King County Building and Land Development Division or its successor agency. Before, beginning, and during the course of any clearing, 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. ' 20. The King County Bicycle Plan calls for a Class III facility along Southeast 270th Street. The applicant shall work with the Department of Public Works to provide a Class III bicycle facility along this frontage of Southeast 270th Street . �21 . All lots adjoining or partially within a NGPE shall be provided with an acceptable boundary delineation between the lot, or unrestricted portions thereof, and the NGPE. Said boundary delineation shall be marked prior to any grading or clearing of the subdivision and remain in place until a dwelling is constructed on each affected lot and ownership transferred to the first owner-occupant. 22. A homeowners association or other workable organization shall be established to the satisfaction of BALD which provides for the ownership and continued maintenance of the permanent open space area( s) and for tracts. S89P0134 Page - 12 23. The following have been established by SEPA as necessary requirements of this development as mitigation. The applicant shall demontrate compliance with these items prior to final approval . MITIGATIONS UNDER THE AUTHORITY OF WAC 197. 11 (SEPA) : A. Volume of storage should accommodate the 100-year , 24-hour runoff with a stormwater release rate of 70 percent of the predevelopment 2-year , 24-hour runoff . All runoff should be computed using the SCS curve-number methods described in the recently adopted King County Surface Water Design Manual. B. The wetland located on this property and which continues off-site is classified as a Type II _ wetland. A 50-foot buffer of undisturbed native vegetation is required around this wetland and drainage corridor. Buffer width averaging will be allowed, with a minimum buffer width of 25-feet and a total buffer area size equal to 50 feet. An enhancement plan to increase the .diversity and complexity of the disturbed wetland and buffer can be submitted to reduce the buffer width to an average width of 35 feet. C. Filling wetlands for the construction of a 20-foot wide neighborhood collector half-street 116th Avenue Southeast and the construction of 117th Place Southeast shall require 1 : 1 mitigation adjacent to the existing wetlands. The applicant shall submit an enhancement plan for review and approval by BALD wetland staff for filling wetland and reducing the buffer width. 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 ensure the plantings survive . Upon completion of the final monitoring inspection of the site, King County BALD wetlands staff shall release the bond. If 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. D . Wetlands and buffers shall have a Native Growth Protection Easement (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. E. A fence is required along the edge of the NGPEs adjacent to lot lines to clearly identify the areas as a sensitive resource. Signs should be posted along the fence line to clearly identify the area as a NGPE. A detail of the proposed fence and signs, and revised site plans showing their location, must be submitted for BALD wetlands approval. The fence and - signs shall be maintained by the homeowners association. F. Piping of the onsite stream under plat roads shall comply with the requirements of Section 95.B of the Sensitive Areas Ordinance regulating the construction of stream crossings. 24. A note shall be placed on the face of the plat that reads as follows: S89P0I34 Page - 13 'Lots within this subdivision are subject to the terms of King County Ordinance Nos. 9747 and 9785, 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 building permit. ' ORDERED this 16th day of October , 1991 Stafford L. Smith Deputy Zoning and Subdivision Examiner TRANSMITTED this 16th day of October, 1991, by certified mail , to the following parties of record: Allen, Scott Benedict, Gertrude Cahill, Liz Carter, Gertrude Casey, D/Lakeridge Develop. Clark , Sami Doolittle, Homer Freiwald, Hans Hagen, Maynard Hoffman , James Hoffman, Penny Holmes, Lloyd Johnson, Jim S Wendy Jones , Wayne Kiefer, Charles Laskouski , Eileen Matthiesen, Beth McCaw, J . Miller Residence Nation, Richard Peck, Jeanie Ratti , Lawrence D . Resident Richards, Edith Smith, Edwin Townsend , Noel Wadleigh, Randy Woodbury, Camill TRANSMITTED this 16th day of October , 1991 , to the following parties of record: Bush, Gregory, METRO Crumley, Patricia, Department of Ecology Daniel, Dr. George T./Kent Schools Department of the Army/Corps of Engineers Enger, Sue, Community Planning Haff, Louis, Public Works Hudson, Rich, Building and Land Development Division Johnson, Tammy, Building and Land Development Division King County Conservation District Kreitman, Gayle, Department of Fisheries Miles, Joe, Building and Land Development Division Miller, Tina, Building and Land Development Division Moorehead, Meg, Surface Water Management Oppermann, Tony, Department of Wildlife Pringle, Lisa, Building and Land Development Division Questad, Barbara, Environmental Division Reitenbach, Paul, Community Planning Reynolds, Lydia, Building and Land Development Division Shea, Brian, Environmental Division Smith, Al, Environmental Division Taylor, Steve, Building and Land Development Division Thornbury, Arthur, King County Council Towne, Sandra, Community Planning Townsend,, Steve, Building and Land Development Division Velasquez, Angelica, Building and Land Development Division i - I i February 27, 1992 Introduced by Audrey Gruger 4015D/109 1 Proposed No. 91-127 2 ORDINANCE NO. 9 3 2 l AN ORDINANCE concurring with the recommendation 4 of the Zoning and Subdivision Examiner to approve, subject to conditions (modified) the 5 Preliminary Plat of SOUTH BEND, designated Building and Land Development File' No. S89P0134 . 6 7 BE IT ORDAINED BY THE COUNCIL OF KING COU14TY : 6 This ordinance does hereby adopt and incorporate herein the 9 findings and conclusions contained in the report of the Zoning 10 and Subdivision examiner dated October 16, 1991, which was filed 11 with the clerk of the council on February 27 , 1992, to approve, 12 Subject to conditions ( modified) , the preliminary plat of South 13 Bend, designated by the building and land development division, 14 file no. S89PO134 and the council does hereby adopt as its i 15 action the recommendation(s ) contained in said repo/rtrt,- _ 16 INTRODUCED AND READ for the first time this 7 day 17 °f , 19�. p 18 PASSED this q _ day of 2 ! e&� , 19 19 KING COUNTY COUNCIL - KING COUNTY, WASHINGTON 20 21 22 Chair/ 23 ATTEST: 24 25 Clerk of the Council 26 27 29 I REDEIVED 30 APR 0 3 1992 31 SUgiNV1S10tNS 32 33 Kent City Council Meeting Date August 1 , 1995 Category Bids 1. SUBJECT: DOWNTOWN SIDEWALK REHABILITATION PHASE II 2 . SUMMARY STATEMENT: Bid opening for this project was held on Thursday, July 27th with 4 bids received. The low bid was submitted by Gary Merlino Construction in the amount of $295, 560 . 25 . The Engineer's estimate was $409, 288. 61. The project consists of replacing sidewalks, curb and gutters, replacing existing trees and installing cast iron tree grate*,,throughout the downtown area Mt �e Public Works DirectorAt�m hat this project be awarded to Gary Merlino Construction. `=_ "t-hm bi eftseia it of ' . 25 . 3 . EXHIBITS: Public Works Director memorandu and vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, ExaminX60. 25 Sion, etc. ) 5. UNBUDGETED FISCAL PERSONNELNO ✓ YES 6. EXPENDITURE REQUIRED: $295 SOURCE OF FUNDS: Downtown Sidewalk and Miscellaneous Storm 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that the Downtown Sidewalk Rehabilitation Phu E II contract be awarded to Gary Merlino Construction €ete amount of $295, 560.25 . DISCUSSION• �0 ACTION• In Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS July 27, 1995 TO: Mayor & City Council FROM: Don Wickstrom RE: Downtown Sidewalk Rehab, Phase II Bid opening for this project was held on Thursday, July 27th with 4 bids received. The low bid was submitted by Gary Merlino Construction in the amount of $295,560.25. The engineer's estimate was $409,288.61 . It is the recommendation of the Public Works Director that the Downtown- Sidewalk Rehab, Phase II contract be awarded to Gary Merlino Construction. BID SUMMARY Gary Merlino Construction $295,560.25 D. A. Zuluaga $296,952.50 West Coast Construction $318,934.00 R. W. Scott Construction $344,048.25 Engineer's Estimate $409,288.61 MOTION: Councilmember moves, Councilmember seconds that the Downtown Sidewalk Rehab, Phase II contract be awarded to Gary Merlino Construction for the bid amount of $295,560.25 N Sd TN � N� AyE r s wASHINdTDN AYE — 2 = AV[ aeon N LINCOl11 AV f NADEN AYE _ 1 H SON AVE 7 a �f f 3AY HltL ..c - -`; 47-W AVE. I• S 6TH S STH AVE - 1' AVEFIT n S STH ;R� AVE C S ST/1 AVE >y ;_ 3z N 5TH t u _ T rm z 9 zz N N A Z A Hy■ oa® S z NTH AYE 2 N 4TH AVE 7 * N ^Ir S 3RD C AVE a C R II p 1 y M N 1''AIIK S 21140 AVE M 2ND rr AV S i1STi .$� { D IST AYE tf'r p N 60TH AVE III 1ST AVE -' 'l7 - > ---�� -- — -- - N RAILROAD AVE S RAILROAD ; AVE m a f BRIDGES O AVE C to m m 9 '+ O r O A N C y 2 r 4 a m ±rE CENTRAL AVE r °� f1,7C N STATE AV FSi1E N S 2Ar o c w000FOF r- zm Z Mm a 10 AVE S ft :i C nm I O m Z O m Do � m m O C-4 4TH AVE. S. �3 O =t F co t l I cn Ir 0 2ND AVE. -r--_ -- SHT. 7 Ll 1ST AVE. - ----- - i SHT. 8 ; SHT, g ---7 '-F-- --� �i DOWNTOWN SIDEWALK REHAB PHASE II Kent City Council Meeting Date August 1, 1995 Category Bids 1. SUBJECT: DOWNTOWN SIDEWALK REHABILITATION PHASE II - TREE GRATE SUPPLY CONTRACT 2 . SUMMARY STATEMENT: Bid opening for this project was held on Thursday, July 27th with 2 bids received. The low bid was submitted by Urban Accessories, Inc. in the amount of $38, 512 . 00. The Engineer' s estimate was $46, 500. 00. The project consists of design and fabrication of cast iron tree grates for installation in the Downtown Sidewalk Rehabilitation s Phase II project. � dfOVA t1" f "fhe Public Works Director,, that this - project be awarded to Urban Accessories, Inc. 3 . EXHIBITS: Public Works Director memorand m 4 . RECOMMENDED BY: Public Works •Directo (Committee, Staff, Examiner, Comm' sion, etc. ) 5. UNBUDGETED FISCAL PERSONNEL IMP CT: NO__,,,I _ YES 6. EXPENDITURE REQUIRED: $38 5 2 . 00 SOURCE OF FUNDS: Downtow Sidewalk and Miscellaneous Storm 7 . CITY COUNCIL ACT�ION: ` Councilmember / r��11 � moves, Councilmember seconds that the Downtown Sidewalk Rehabilitation Phase II - Tree Grate Supply Contract be awarded to Urban Accessories, Inc. - e the 4n�cY amount of $38, 512 . 00 . DISCUSSION: Y1lO MC ACTION: Council Agenda Item No. 5B DEPARTMENT OF PUBLIC WORKS July 27, 1995 TO: Mayor & City Council FROM: Don Wickstrol w RE: Downtown Sidewalk Rehab, Phase II - Tree Grate Supply Contract Bid opening for this project was held on Thursday, July 27th with 2 bids received. The low bid was submitted by Urban Accessories, Inc. in the amount of $38,512.00. The engineer's estimate was $46,500.00. It is the recommendation of the Public Works Director that the Downtown Sidewalk Rehab, Phase II Tree Grate Supply Contract be awarded to Urban Accessories, Inc. BID SUMMARY Urban Accessories, Inc. $38,512.00 Olympic Foundry $44,583.00 Engineer's Estimate $46,500.00 MOTION: Councilmember moves, Councilmember seconds that the Downtown Sidewalk Rehab, Phase II Tree Grate Supply Contract be awarded to Urban Accessories, Inc. for the bid amount of $38,512.00. ........... Kent City Council Meeting Date_ August 1. 1995 Category Bids 1. SUBJECT: INSTALLATION OF MILL CREEK BOX CULVERTS 2 . SUMMARY STATEMENT: Bid opening for this project was held on X,Lci4ay-; July 28th. Due to time constraints between preparing Council packets and bid opening, the Public Works Director will submit a memorandum to Council with detailed information of the project as well as the recommended bid results. (r 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6 . EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: Mill Creek Flood Erosion Control 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that the installation of Mill Creek Box Culverts contract be awarded to for the bid amount of DISCUSSION• ACTION: Council Agenda Item No. 5C DEPARTMENT OF PUBLIC WORKS August 1 , 1995 TO: Mayor & City Counc' FROM: Don Wickstrom oj RE: Installation of Mill Creek Box Culverts Bid opening for this project was held on Friday, July 28th with 4 bids received. The low bid for all 4 schedules was submitted by Gary Merlino Construction in the amount of $544,710.00. The engineer's estimate was $619,545.00. After the bids were opened, both the low bidder and the second low bidder claimed error in their respective bids. Merlino's claimed error added $100,000 to Schedule IV for which Scott's claimed error added $35,000 to Schedule II. It's the Public Works Director's recommendation that the contract be awarded on just Schedules I, II and III. As such it is recommended, the contract for the installation of Mill Creek Box Culverts Schedules I, II and III be awarded to Gary Merlino Construction. BID SUMMARY Original All Schedules Schedules 1.11 & III Gary Merlino Construction $544,710.00 $343,515.00 R. W. Scott $709,415.00 $391 ,910.00 Frank Coluccio Construction $845,850.00 $483,670.00 DPK, Inc. $871 ,030.00 $496,660.00 Engineer's Estimate $619,545.00 $339,272.00 MOTION: Councilmember moves, Councilmember seconds that the Installation of Mill Creek Box Culverts, Schedules I, II & III contract be awarded to Gary Merlino Construction for the bid amount of $343,515.00. CULVERTS ST �. l'r SuL S'nhnn �'I 222HUv '1 11 12 + 12 '17 14 13 I o 13 ' 18 I " r NO/.RT N 5227TH PL / KN < PROJECT LOCATION INTO = o � " = l ix iL ;2 fT f 229TH ST f —2 4 7 = w \ < < INDUSTRIAL AREA 1 cli s � NOVAK 167 I z < I S. 234TH Z $T COLIE ST m I < Ali 11 Y Z FF I i-r LDRON C i p �;I WAY Y•'1((Er < CLOUDY S1 •CA _ y W LOU M�S o > H S < z ST a < E ROE O W 141 r r a Z s';Z Z = < y < < 13 ES ST z 23 ; 24 a �I •"r' lailct r.�'.c` a IC[NT 24 ' PLAN 1l111.tt ;� JR..I. y < O KENT u t,l SCHOOL < E SAM ST < COMMONSw 1Athlettc Fld CEDAR ` ST M EER S. C: z p M ILI.A E '` TIM RA E ST i (Pvt) Z MILW A!'KF: Y=.• J > ST Z Z VLAYFIk1.1) _ Y i t< fT z W SMITH ST a W SMITH ST I 4 f yKE SMITH fT Z Z TM KENT® Z p Z < SR.H WAR ar CTR rJ- )'• W HARRI z II V of In A, Eli ST = HARRISOPI ST a L.aRaRk ST Z 4 L`-REIT z i �'W• MEEKER a 2 ST z M KERZ ST �4 \ .• \.• ®2 4 < wrr w yE ST E < ST n� 4 - • ��: .• WEI < yNILU3 sie cEKT raxE crtY , a I „ TACOMA ST INTCF96 > ELEM * roa 516 " ex lyf " Z CHERRY OL C I < t:♦ BEANO E DEAN HILL ST `^ 181 a w nTu W sT� _ ST = ST <E MACLYN sT -'11• W an ♦ SAAR < ST 3 :. t'Alth; N AR ALPtN ; 7 E OUIBERSON ST , 4 WILLIS 4 _ ST WAY = < E SEArnE 0 ST > > < a R"S•:3 < SEATTLE ST < < " W CRO ST �, •� RU LL < E nK JAL ANin r•vth y L� I I v KIN 1\1 + 1K11\ FFire _ F Station rn `1 ` a MILL CREEK BOX CULVERTS CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE/ D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE 1 F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES JULY 12, 1995 COMMITTEE MEMBERS PRESENT: Jon Johnson-Committee Chair, Christi Houser, Leona Orr STAFF PRESENT: Jim Huntington, Charlie Lindsey, Roger Lubovich, May Miller, Brent McFall, Kelli O'Donnell, Ron Spang, Tom Vetsch, Sue Viseth MEMBERS OF THE PUBLIC: Linda Johnson, Dee Moschel, Chuck Turner The meeting was called to order at 9:35 a.m. by Chairperson Johnson. Approval of Vouchers: All claims for the period ending June 30, 1995, in the amount of$1,822,295.27 were approved for payment. CashierindBusiness License Position - Authorization_ Finance Division Director May Miller explained that this proposal is to provide staffing for cashiering for business licenses and permits. She added that in the past Finance collected for business licenses. Currently the cashiering function is split between Fire, Planning and Public Works. This has had some problems since the first priority has not been collecting funds. She continued that after meeting with the various departments, this proposal was thought to be the best solution which would combine collection of business licensing with auditing of sales tax. Additionally, these positions would be rotated through Finance for training. During further explanation,Miller noted that the State Auditor had met with her on concerns that the function be in Finance so the account numbers are input correctly. Miller asked that the person scheduled to be hired for the Meridian Annexation in October be hired in August with an additional '/z position added to provide coverage. She noted that in 1990 Finance had 21 staff members and with this addition would have 18. Customer Services Manager Vetsch expanded that this proposal would eliminate some problems from collecting in from three different directions which results in having to do journal entries to correct account numbers. In addition to saving time in bookkeeping it is planned to be able to help the customer at both City Hall and the Centennial Center. Committee Member Houser asked if people are currently collecting, why is there the need for additional staff for coverage. Miller responded that currently Development Services is receipting as they have time. Additionally this alternative allows time to audit new business to make sure they are correctly turning in sales tax and should result in some new revenue. She added that the experience of other cities has shown that auditing brings in extra funding. Houser noted her concern that a lot of positions are being added based on the annexation. McFall responded that this case is operational and a customer service issue and would be recommended with or without the annexation. During further discussion, Orr noted that we are at 1990 staffing levels although we have grown by 15% which is the largest increase in the area. McFall replied that he is aware of this and is not using a formula to increase staff across the City but targeting the needs with the lowest cost positions possible. He noted that a cashier would be less expensive than a permit specialist. Vetsch added that this position would also help to add accounts for the annexation to be ready for the first of the year. Orr asked if it was possible to track revenue brought in by auditing. Miller stated she would. Orr moved to recommend adding one full time and one regular part time customer service position for "One Stop" Centennial receipting and business license billing and collection. It is also recommended that a budget change be authorized for $34,647 utilizing $15,000 from general fund revenues and $19,647 from utility funds. Committee Member Houser seconded and the motion passed 3-0. OPERATIONS COMMITTEE MINUTES, CONT. TT TT Y 12 0 1995 Bid Award. - Kent Commons Air Conditionind: Miller introduced Support Services Manager Charlie Lindsey. Lindsey reviewed the proposed contract award as outlined in the memorandum distributed with the agenda. He explained that as previously discussed, air conditioning the entire Commons was cost prohibitive so the bid was set up with a basic contract and alternatives that may be added. The proposed contract would be to cover the basic area as well as the Green River and Mill Creek meeting rooms. He recommended that the bid be awarded to Design Air Limited for $302,335. Houser so moved, Orr seconded and the motion passed 3-0. Kent Saturdav Market Facilitv Acquisition: Director of Operations Brent McFall stated that the proposed Saturday Market site would be a permanent covered site for the Saturday Market. McFall explained that the Partnership had identified the site of the old Lumberman's yard, which is being offered at$355,000. He noted that the seller is doing an appraisal with the expectation of a higher value coming in which he plans to give as a charitable donation credit for himself. McFall continued that all of the initial analysis indicates this is a viable project with the overall budget of$600,000 for acquisition and the necessary renovations to make it a useable facility for an indoor and outdoor year round market. He stated that cash flow scenarios indicate that this could be funded as a loan from the water reserve which needs to be invested anyway and the City would be allowed to be made whole by the Saturday Market over the life of the agreement. He pointed out the 10 or 15 year scenarios distributed with the agenda. McFall recommended the 10 year financial plan explaining that the agreement will set an escalating lease payment plus 10% of the Saturday Market fees. At the end of the lease the City will own the building. McFall added that the 15 year option would also be acceptable although there would be additional interest costs over the life of the lease. Executive Director of the Kent Downtown Partnership Linda Johnson reviewed pictures of the site as well as proposed drawings with the Committee. Johnson explained that Kevin Broderick had been retained as the architect after interviewing several. In reviewing the design, she noted the clock tower will be added to attract people from the downtown area and the outside will be opened up with glass. Linda stated that a public meeting had been held and many concerns had been addressed through the design of the property. The first phase has 109 spaces on the lot with some in the building and some external and while the second story would not be useable after completion of the first phase. Designs do include necessities for a future second phase such as space for an elevator. She added that she has talked to all of the property owners on Railroad and is proposing a one way street which would allow for 43 spaces utilizing angle parking and is working on contacting property owners on the back alley to propose one way traffic the other way. The outlay of the parking would allow for loading and unloading from Railroad to lessen any impacts on neighbors behind. She noted that the environmental study of the property has not yet been received and that a letter has been sent to Burlington Northern to ask if the park may be utilized for vendor space. In addition, Kent Gypsum has agreed to allow the use of some of their parking. Johnson summarized that the project seems to be doable and would convert an ignored property into an asset for the downtown. McFall asked for authorization for the Mayor to close on the property and negotiate agreements between the City and Kent Downtown Partnership for the Council's approval. Houser asked how the shortfalls in - the first years of the lease would be covered. McFall suggested the use of CIP funds. During further discussion Orr asked what would happen if$600,000 was not enough for the project. Linda Johnson Page 2 OPERATIONS COMMITTEE MINUTES, CONT. TTTT,Y 12 1 5 replied that the Partnership plans to do fund raising alongside this agreement since they would like to pay of the lease sooner. One of the considerations in hiring the architect had been his experience with museums and public involvement. She added the Saturday Market is also considered a business incubator and that two businesses are preparing to open downtown. Being an business incubator should help the Market receive grant funds. McFall assured the Committee that in discussing this project an agreement had been reached that the Downtown Partnership would not be coming back with a bigger request. Linda stated that the Market will be operable with the $600,000. Kent Downtown Partnership President Chuck Turner added that it is his intent to have a major effort to raise funds and that his personal hope is to complete the project before it opens. Linda Johnson stated that the revenue possibilities are expanded due to the commissary and the building can be rented in the evenings. Committee Chair Johnson stated he liked the 15 year lease with the hope that it would be paid off early. During discussion, May noted that the 10% of gross receipts should generate enough revenue to pay it off early. Orr asked if there was a minimum in addition to the 10%. McFall responded that there was and the arraignment was worked out to minimize the City's exposure and have some benefit in success of the prd9=tmoved that the Mayor be authorized to finalize the acquisition of the property commonly known as 212 Railroad Avenue North for the purpose of establishing a facility for the Saturday Market, and that the funds for the acquisition and improvements be obtained by borrowing up to $600,000 from the Water Operating Funds for a period of 15 years such debt to carry interest rates to be established by the Finance Director at market rates. Further, that the Mayor shall negotiate appropriate agreements with the Kent Downtown Partnership for the operation of the Kent Saturday Market and of the market facility which shall be presented to Council for approval. This is contingent on favorable results of the environmental study of the project. Additionally, a budget change is authorized budgeting the projected shortfall of the debt service to be paid from the CIP for the first three years. Houser seconded and the motion passed 3-0. McFall asked if the item should be placed under Other Business. Johnson responded that it should be. Voluntary Retirement Incentive Program Human Resources Division Director Sue Viseth informed the Committee that this would be the third year the City offered the voluntary retirement incentive program noting that the State did not pass an early retirement bill this year but the City would still like to offer it. She stated that even with offering the recognition reward to those planning to retire, the City saves money up front until the position is filled as well as approximately 20% per year for an entry level position. Viseth explained that since the State is not offering a program, employees must meet the retirement system criteria which currently 14 employees are eligible for. She explained that due to social security benefits the window- had been extended so that employees must notify Human Resources of their intent to take advantage of the program by January 1, 1996 and must retire by January 31, 1996. Orr moved to recommend authorization to implement the Voluntary Retirement Incentive Program in which eligible employees would receive S400 for each year of service to the City of Kent based upon the last full year of service to the City of Kent in recognition of employees' dedication and years of service. Houser seconded the motion which passed 3-0. Cellular Phone Usage Report Information Services Division Director Ron Spang stated that the advances in technology have expanded the use of phone lines for everything from laptops to security systems and even the new microwave system. He explained that the standard use for cellular phones in the City is to increase productivity such as police Page 3 OPERATIONS COMMITTEE MINUTES, CONT. 11 TI Y 121F 1995 having them in patrol calls so they may contact citizens in route. Traffic engineers can use them to feed information to traffic signals from any location. The average cost of the phones is $561 per year with air time. He noted that alternatives are being looked at to improve efficiency such as forwarding cellular phones to an office phone when turned off and that AT&T has offered to provide some training on alternatives. Johnson noted his concern that there seemed to be inconsistency in usage between similar job titles. During further discussion, McFall noted that City policy is to use the least expensive communications possible. Johnson noted that he was impressed by the low number of personal calls which is a compliment to employees. The Committee asked to have those accounts with over $100 of calls summarized with an explanation of the usage. Added Items May Miller asked if the Committee had any preference on the Budget Calendar. She proposed that a public hearing on the budget be added to the August 1 st meeting as well as the 1996 CIP public hearing. She also proposed a workshop on August 15 to review the financial report and the CIP. McFall added that there may be a need for a special meeting to adopt an annexation ordinance. There being no further business, Committee Chair Johnson moved to adjourn the meeting at 10:55 a.m. Page 4