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
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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).
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BUILD G' 71 st AVENUE STREET
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VACATION
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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
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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�
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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
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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
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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
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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
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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
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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
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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
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`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
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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
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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.
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