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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/05/1995 NEW waill City Kent t Counctl Meeting Agenda CITY OF a Mayor Jim White Council Members Judy Woods, President Jim Bennett Jon Johnson k Tim Clark Paul Mann ° �b ;: Christi Houser Leona Orr �t July 5, 1995 a Office of the City Clerk u CITY OF wl- IT SUMMARY AGENDA KENT CITY COUNCIL MEETING July 5, 1995 Council Chambers 7 : 00 p.m. 9 MAYOR: Jim White COUNCILMEMBERS: Judy Woods, President Jim Bennett Tim Clark Christi Houser Jon Johnson Paul Mann Leona Orr CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS -A. Employee of the Month • B. Kent Community Foundation Donation I9$ C. King County Councilmember Jane Hague - Automatic Fingerprinting D. Proclamation - Parks -& Recreation Month --E. Proclamation - Festival of the Rivers F. Regional Justice Center Update 2 . PUBLIC HEARINGS Aq 0 a �b V A. Beck Annexation Zoning AZ-95-2 - Continued-Pa"r 17 It 0- IYK�ty 3 . CONSENT CALENDAR ✓A. Approval of Minutes B. Approval of Bills C. Council Workshop on Initiative 164 - Authorization , D. Pawnbrokers Ordinance - Amendment- 3-:,— ,,E. Secretarial Support - Planning Department - Authorization F. Plans Examiner Position - Authorization �G. 1995 Summer Youth Academy Funding ✓H. 1994 Edition of the Uniform Fire code - ordinance- ---- " I. Riverbend Golf Course Paving Project - Acceptance . J. Riverbend Miniature Golf Course Fencing - Acceptance 'K. Riverbend Miniature Golf Course - Acceptance ✓L. West Fenwick Lighting Project - Acceptance • M. LID 330 Segregation - Resolution - l'- ' ( N. Amendment Procedures for Kent Comprehensive Plan - Ordinance - ,. _ , O. Council Absence Q, 1, it 4 . OTHER BUSINESS ✓' A. ')K Hate Speech - Resolution vB. I Metricom Franchise - Ordinance - 1st Reading 5. BIDS VA. 108th Avenue Sidewalks ,rig B. Kent Springs Transmission Main Repair — �wvw 6. CONTINUED COMMUNICATIONS 7 . REPORTS u 8. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent(206)854-6587. PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A. Employee of the Month vn �� B. Kent Community Foundation Donation C. King County Councilmember Jane Hague - Automatic Fingerprinting D. Proclamation - Parks & Recreation Month E. Proclamation - Festival of the Rivers QGV,A -1 1'r.1 &xb ti F. Regional Justice Center Update Kent City Council Meeting Date July 5 . 1995 Category Public Hearings 1. SUBJECT: BECK ANNEXATION ZONING AZ-95-2 - CONTINUED 2 . SUMMARY STATEMENT: The second of two public hearings on the proposed initial zoning of the Beck annexation area was held June 20, 1995 but was continued to this meeting. The first hearing was held on May 16, 1995 . 3 . EXHIBITS: Memo; Staff report of 4/17/95; and Planning Commission minutes of 4/24/95 4 . RECOMMENDED BY: Planning Commission (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 moves, Councilmember seconds to approve/disapprove/modify the Planning Commission' s recom- mendation of approval of the Beck Annexation area initial zoning designation as outlined in Alternative #3 , and direct the City Attorney to prepare the necessary ordinance. DISCUSSION• ACTION• Council Agenda Item No. 2A CITY OF �L22 CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 mr®n�a� MEMORANDUM July 5, 1995 TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: BECK ANNEXATION AREA INITIAL ZONING#AZ-95-2 - CITY COUNCIL HEARING On June 20, 1995, the City Council held the second of their two public hearings on initial zoning for the Beck annexation area. There was public testimony given at the hearing, and several written exhibits offered as well. Because several of the written exhibits were submitted to the Council immediately prior to the meeting, giving neither Council nor staff the opportunity to review them, the hearing was continued to the July 5 City Council meeting. Both the written and oral public testimony before the City Council concerns the zoning for parcels located on the west side of 94th Avenue South. The Planning Commission recommended that these areas be zoned R1-20, as shown on the attached map. Public testimony received by the City Council on this issue has been mixed. Testimony was received from property owners on the west side of 94th Avenue, one of whom asked for R1-12 zoning, while others requested R1-7.2 zoning. Property owners on the east side of 94th Avenue South testified in favor of the Planning Commission's recommendation. In the staff report prepared for the Planning Commission's hearing on April 24, 1995, staff recommended that the zoning on the west side of 94th Avenue South be R1-12 (see Alternative 2 in the staff report). Staff feels that this zoning designation recognizes that need to protect the hillside with a lower density zoning designation than is being recommended for the east side of 94th Avenue South, but would allow more development potential than the R1-20 zoning being recommended by the Planning Commission. Staff cannot support R1-7.2 zoning in that area, due to the steep slopes, particularly on the northwestern portion of the annexation area. Therefore, staff recommends that the area west of 94th Avenue be zoned R1-12, as outlined in Alternative 2 of the staff report to the Planning Commission. Planning Department staff will be available at the July 5 hearing to further explain the recommended zoning for the Beck annexation area. JPH/KON/mjp:a:beck3cc.mem Attachments cc: Kevin O'Neill, Senior Planner a BECK ANNEXATION ZONING PLANNING COMMISSION RECOMMENDATION Tl� ILL-(i BECK T SE i232 - ZONEBOUNDARY CITY LIMITS tEiaa. co 2 8 H MAP PRINTED 5/9/95 CITY OF (L' CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM April 17, 1995 TO: KENT MORRILL, CHAIR, AND MEMBERS OF THE PLANNING COMMISSION FROM: KEVIN O'NEILL, SENIOR PLANNER SUBJECT: PROPOSED BECK ANNEXATION AREA INITIAL ZONING rAZ-95-2 Introduction In February of 1995, the City Council approved the annexation of the area known as the Beck Annexation Area into the City of Kent. This area, which is approximately 218 acres, is 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 South 222nd Street (see attached Vicinity Map). The subject area is south of the recently annexed Everson and Jones/Hobbs annexation areas. Zoning for the Everson annexation area was approved by the City Council in September, 1994, while zoning for the Jones/Hobbs annexation area is currently being considered by the Council. Subsequent to the annexation of the Beck annexation area by the City, the entire area was zoned R1-20 (Single-Family Residential), pursuant to Section 15.03.020(E)(2) of the Kent Zoning Code. The purpose of this process is to establish initial zoning for the annexation area, as outlined in Section 15.09.055 of the Zoning Code. This report will outline background information on the area, including the previous zoning of the area while it was still located in unincorporated King County. The report will then outline three alternatives for zoning of the area for the Planning Commission's consideration at the April 24 hearing. Existing Land Uses The entire annexation area is characterized by low density single-family residential development. The majority of parcels both within and adjacent to the annexation area are larger than one acre, and several of the parcels are larger than four acres. There are two recently platted subdivisions located within the annexation area: Wildberry, with lot sizes averaging approximately 9,500 square feet, and Rosemary Glen, with lot sizes averaging approximately 13,500 square feet. Lot sizes are larder in the Rosemary Glen subdivision due to the topography in this area. The areas to the west of the annexation area are developed as multi-family residential uses, and the area MEMO TO: Ken Morrill, Chair, and Planning Commission Members SUBJECT: Annexation Area Initial Zoning #AZ-95-9., PAGE 2 to the south area developed with single-family residential development with lot sizes ranging approximately from 7,200 square feet to 10,000 square feet. The areas to the east and north of the annexation area are generally characterized with low density single-family development. The attached vicinity map shows parcel lines in the annexation area and in the surrounding vicinity. Environmental Constraints The annexation area is distinguished for the most part by moderate west-facing slopes. However, the western portion of the annexation area to the west of 94th Avenue South has slopes well in excess of 25 percent, and a large portion of this area is designated as a Severe Hazard Area on the City's Hazard Area Development Limitations map. The zoning code does not allows any impervious surfaces in areas designated as Severe Hazard Areas, which means that these areas cannot be developed. Also, the eastern and northeastern portions of the annexation area are intersected by both Benson Creek and the south fork of Garrison Creek. Both Benson Creek and Garrison Creek are designated as major creeks on the Kent Hazard Area Development Limitations map, and are designated as Class II salmonid creeks in the Soos Creek Community Plan. The steep slopes adjacent to Garrison Creek are designated as ravines on the Hazard Area Limitation map, and as Seismic Hazard and Erosion Hazard areas in the Soos Creek Community Plan. Under the City of Kent zoning code, no impervious surfaces are allowed within 75 feet from the top of a ravine or 50 feet from a major creek. These requirements will also limit development opportunities on some of the parcels located within the annexation area. The parcels within and surrounding the annexation area are heavily vegetated with ground shrubs and trees, many of which are significant trees, meaning that they have a caliper of 6 inches or greater. There do not appear to be any wetlands in the vicinity; however, surface water management will likely be a significant issue for any new development in the area, due to the slopes and proximity to Benson and Garrison Creek. Previous King Countv Zoning Prior to being annexed to the City of Kent, and subject area was located within the Soos Creek Community Planning area in King County. The Soos Creek Community Plan, and accompanying area zoning, were adopted by the King County Council in 1991. The previous King County zoning for most of the subject area was GR-S-P, Growth Reserve, with an underlying zoning of RS-7200-P. The areas which were already subdivided were zoned RS-7200-P. The GR-5 zoning district was an interim zoning district permitted one unit per five acres until December 31, 1994, at which time the underlying zoning west into effect. In this case, the underlying zoning is RS-7200 zoning. GR-5 zoning was applied in the Soos Creek Community Plan to all undeveloped and underdeveloped land located adjacent to an incorporated MEMO TO: ent Morrill, Chair, and Planning Commission Members SUBJECT: rnexation Area Initial Zoning #AZ-95z PAGE 3 city. The RS-7200 zoning district allowed one unit per 7,200 square feet of land, and is g district within the City of Kent. The P-suffix in the previous comparable to the R1-7.2 zonin King County zoning refers to specific requirements regarding environmental protection and development standards. In early February, 1995, new zoning went into effect for King County, based on the newly ensive Plan. Under the newly adopted zoning code, the Beck adopted King County Compreh annexation area was zoned R-6. The R-6 zoning designation allows six units per acre, which is roughly equivalent to the previous zoning of RS-7200. However, the development regulations for the R-6 zone, such as minimum lot width, were changed under the new designation. Comprehensive Plan and Zoning Analysis The subject area is designated as Single Family 1-8 units per acre in the Soos Creek Community Plan, and as Urban Residential 4-12 units per acre in the newly adopted King County Comprehensive Plan. The Kent Comprehensive Plan designates the subject area as Single Family, while the East Hill Subarea Plan designates the area as SF 6, which allows single-family residential development at densities of four-to-six units per acre. The East Hill Plan also designates the area along Garrison Creek as Constrained Areas, which are defined as areas classified as environmentally sensitive due to natural hazards (landslide, seismic, erosion, and flooding potential) and areas which support unique, fragile or valuable resources. The property surrounding the subject area is characterized by a variety of zoning designations. The land to the west of the subject area is generally zoned for multifamily residential uses, with the steep hillsides along the western edge of the subject area providing separation between th e parcels .in the annexation area and the multifamily developments to the west. The areas surrounding the subject property to the south, east and north are zoned for single-family residential use, with the predominant zoning being either R1-9.6 or R1-7.2. Zoning Alternatives Three zoning alternatives are presented below for the subject area. All alternatives show the area being zoned as single-family residential, which is consistent with both the City of Kent and King County Comprehensive Plans. The difference between the alternatives relates to the density of single-family development which would be permitted in the area. The zoning alternatives are shown on the attached maps. Alternative 1 This alternative would simply convert the previous King County zoning of R6 to the Kent zoning designation of R1-7.2 for the entire annexation area. This alternative would be the most similar MEMO TO: KeOt i orrill, Chair, and Planning Commission Members SUBJECT: � krinexation Area Initial Zoning #AZ-95, PAGE 4 to the previous King County zoning. However, it would also place R1-7.2 zoning on parcels located on the western edge of the annexation area with very steep slopes. Alternative 2 In this alternative the western edge of the annexation area would be designated R1-12, while the remainder of the area would be designated as R1-7.2. The proposed zoning of R1-12 on the western edge of the area would reflect the steep slopes in this area. Alternative 3 This alternative is similar to Alternative 2, except that the most extreme slopes along the western edge of the property (those areas designated as Severe Hazard Areas) would be designated Rl- 20, with the southwestern portion of the area being zoned R1-12. As in the first two alternatives, the remainder of the area would be zoned R1-7.2. Summary Each of the alternatives is designed around zoning most, or all, of the annexation area R1-7.2. This is in recognition of the extensive process that has gone on in zoning this area since 1990, through both the Soos Creek Community Plan and the recently adopted King County development code amendments. Alternatives 2 and 3, however, propose zoning the western portion for lower densities, due to the steep slopes in this area. It has been the City's practice in the past to zone environmentally constrained areas for lower densities. There are also some constrained areas in the northeastern portion of the area; however, this area has already been platted, and the subdivision was designed with larger lots to acknowledge the topography of the area. Since this area has already been built, it is proposed to be designated R1-7.2 to be consistent with the previous King County zoning. Staff Recommendation Staff recommends that the Planning Commission recommend to the City Council the zoning designation outlined in Alternative 2 for the Beck Annexation Area. KO cc: James P. Harris, Planning Director Fred Satterstrom, Planning Manager FRECK ANNEXATION AREA EZI BECK CITY LIMITS S 4 31611H 4' 5TH 210TH 4T 2:9TX 4T c> o^TH FL 9E IR:97H E 2207H h> 1)f ill n C I .vr 222 PL =�/ e f\ C LI p 2 2 IT �� JJ'V11 GT CI LI n ( pLl Ci -�V 1 c pHU 4T S22H0 - -SE 23 T � ' yI O _ II C I �� O 1 L I 22S iH PL '^ 4 - 221 I i NlLL a 3 22 X 7T 4 nBT .'- CT <T -`E,221TH ST ^ur n IL SF ZMiX e r W � s � 1. cl o w 1 232m ST MOYAC LM - 232.40. 4E 232 Si c _ n 12 2X0 3T Sr 2!2v0 K cc 1 C d <1 IdULDICM YPT �gCl9^y 2]JTN _ n Z-T'H T Pl °SeiN 4{g _ W [ 2!3 77 0 c > r r + I J •_ c 23377 ¢ Ji i w of Y1EV C' I = t I s c' _ �Ty,� o IL._/ � K i� P�' S 2-LOTH ST 3 <_ m C_r.� � �'�( 24 L•T 4T II I c � AP 1 ST c' w i —,�J�24240 9T I I� c _ `nI CMILL TEXPE AMC! 4T z. 4MITX S7 s' 2V4iN w piF�44 ST _r 244TX 4T �]T y J Il s�4U CT l y Ii o �L L�E.244 PL cr) BECK A f A ANNEXATION ZONING ........... .,j- IF ALTERNATIVE I I n- .......... 175 BECK Ile ZONE SE 232 ST BOUNDARY HI CITY LIMITS S 415 zsq- —;nd 7TFil -- -------- BECK ANNEXATION ZONING \ - , il � =, 11 ALTERNATIVE 3._+-_. �� _, t �. SE 1- tn- r -a Ste _ �- `'� L P ;•, /✓II hSE 31 �� =- - - yl I�. BECK X�t ZONE i J . - RS 92 N s `�I I SE:232 5T / l� BOUNDARY •- I CITY LIMITS i 2-87H' v r I cn BECK ANNEXATIO!\7 ZONING ALTERNATIVE .,ME ZAz-7 PV U I&M 'Af 7­1 M za M 1101 mom 1SE 31 ! _21 L- BECK -141 I E.-232 ST ZONE 2 BOUNDARY a CITY LIMITS .... ....... 11 Ivall-11 .. .. ....... 2 8 H' SCJ Kent Planning Commission April 24, 1995 Chair Morrill commented that each of the Commissioners, if they so wished, could submit a minority report to the City Council. Chair Morrill requested that a minority report be prepared for his signature. Commissioner Nuss requested that her name be added to the report. The hearing was closed at 7:30 PM. BECK ANNEXATION ZONING #AZ-95-2 Kevin O'Neill, Planning Department, presented the Beck annexation zoning report. Mr. O'NeiIl gave a brief history of the area. A viewfoil was shown depicting the location of the potential annexation and the topography of the area. This area was originally in King County's Soos Creek Community planning area. There are three zoning alternatives recommended by staff: { I Alternative 1: This alternative would simply convert the previous King County zoning of R6 to the Kent zoning designation of R1-7.2 for the entire annexation area. Alternative 2: In this alternative the western edge of the annexation area would be designated RI-12 while the remainder of the area would be designated Rl- 7.2.v Alternative 3: This alternative is similar to Alternative 2, except that the most extreme slopes along the western edge of the property would be designated R1-20, with the southwester portion of the area being zoned R1-12. The remainder of the area would be zoned R1-7.2. Staff recommended Alternative 2. Chair Morrill called for public comment. ROBERT KIGA, 9440 S. 233rd Place, Kent, WA 98031, commented his major concern with development along 94th Avenue S. is the availability of a wide enough road. Presently 94th Avenue narrows as it migrates towards James Street. He felt the road should be widened if there is any development in the area. JUDITH MCDOUGALL, 23405 94TH AVENUE S., Kent, WA 98031, commented she lives on the west side of 94th. Ms. McDougall stated 94th is not wide enough to handle any traffic. THEODORE POLK, 24415 64TH AVENUE S., KENT, WA 98031, asked if the zoning R1- 12, allows one residence per acre. #ZCA-95-1 Adult Use Zoning NAZ-95-2 Beck Annexation Zoning 4 Kent Planning Commission April 24, 1995 Mr. O'Neill commented R1-12 allows one dwelling unit per 12,000 square feet or about three and a half units per acre. JIM MUIR, 23007 96TH AVENUE S., KENT, WA 98031, asked what was the difference between the County's zoning and the City's. Mr. O'Neill explained that under King County's development regulations, R-6 zoning means six units per acre. The units can be placed anywhere on the site as long as. the minimum development standards are met. However, Kent's R1-7.2 means each lot needs'to be at least 7,200 square feet. As the Commission is aware, the staff is reviewing policies in its Comprehensive Plan to support lot averaging and clustering. A proposal concerning this type of development will be brought to the Commission next month for consideration. Mr. Muir commented that if lot averaging was allowed, either alternative 2 or 3 would be acceptable. AMY FORBIS, 23306 94TH COURT S., KENT WA 98031, commented she is against lot clustering or more multifamily construction in the area. She recommends that the Commission adopt alternative 3. MIKE ROBINSON, 9409 S. 232ND, KENT, WA 98031, was not in favor of any of the alternatives. He felt the lots should be larger. Mr. Robinson thought that the area should be zoned R1-20. No further public comments were made. Chair Morrill requested Kevin O'Neill respond to some of the questions asked by the public. Mr. O'Neill commented that 94th Avenue is currently widest in the areas adjacent to existing plats. As additional properties bordering 94th Avenue develop, road widening would take place. Mr. O'Neill wasn't aware of any City plans to independently widen the road at this time. Mr. O'Neill reiterated that the Comprehensive Plan cluster housing proposal has not been considered by the Planning Commission. He remarked that it is not the intent of the "clustering" proposal to allow multifamily as part of the clustering development. The use of the land would be single family but the way the units would be configured on the property would allow more flexibility in development. Commissioner Stringham asked if the area was zoned R1-20 could it potentially create problems for those property owners whose property is currently less than 20,000 square feet in size. #ZCA-95-1 Adult Use Zoning #AZ-95-2 Beck Anne-cation Zoning 5 Kent Planning Commission April 24, 1995 Mr. O'Neill stated that if the property was zoned R1-20, any lots that would be less than 20,000 square feet in size would be considered legal nonconforming. Mr. O'Neill explained that staff is recommending Alternative ##2 because there is already R1-12 zoning in place to the north of this area. Staff tries not to create disjointed zoning designations. There is no R1-20 zoning directly bordering this area. This area has very steep slopes and the parcels that have steep slopes will be difficult to develop regardless of the zoning designation because of the City's current hazard area regulations. The intent of the R1-12 zoning designation is to provide some limited development potential in this area. Commissioner Dahle MOVED and Commissioner Nuss SECONDED to accept Alternative T3. Commissioner Stringham made a friendly amendment to change the one R1-12 area to R1-20. Commissioner Dahle accepted the amendment. MOTION carried with six votes for and one vote against motion. Mr. Satterstrom explained this item will be placed on the May 16, 1995 City Council agenda. There also will be another hearing 30 days from the May 16th date. Commissioner Dahle MOVED and Commission Nuss SECONDED to close the hearing at 8:25 PM. Motion carried. Respectfully submitted, es P. arris ecording Secretary c:pcmin4.24 nZC.A-95-1 Adult Use Zoning NAZ-95-2 Beck Annexation Zoning 6 P 'y CONSENT CALENDAR 3 . City Council Action: Councilmember YZ)ARg n move Councilmember seconds that Consent Calendar Items A through 19 e approved. Discussion ' l W Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of June 20, 1995. 3B. Approval of Bills. Approval of payment of the bills received through June 15, and paid on June 15, 1995 after auditing by the operations Committee on June 28, 1995. Approval of checks issued for vouchers: Date Check Numbers Amount 6/15/95 156253-156740 $1, 624 , 478 . 29 Approval of checks issued for payroll for June 1 through June 15, 1995 and paid on June 20, 1995: Date Check Numbers Amount 6/20/95 Checks 203918-204311 $ 295, 691. 82 Advices 25104-25523 513 , 985. 23 $ 809, 677 . 05 Council Agenda Item No. 3 A-B Kent, Washington June 20, 1995 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Mann, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, and Finance Director Miller. Councilmember Houser and Councilmember Johnson were excused . from the meeting. Approximately 75 people attended the meeting. PUBLIC Asia Pacific Trade Exchange Report. Scott Jackson COMMUNICATIONS distributed a program for the 1995 Trade Exchange and thanked the City for sending Mayor White and Council President Woods on the recent recruitment mission. He commended the Mayor for his efforts to lead this high level delegation while dealing with a severe physical problem. He also thanked Council President Woods for her contribution. Jackson noted that during the trip, the Vice- Minister of the China Light Industry and Trade Association confirmed that they will send a dele- gation of 50 participants to the Trade Exchange not only to buy products, but to help cut the ribbon for the new foreign trade zone designation in Kent. He also reported that the private sector is responding more than ever before. Barbara Ivanov of the Chamber of Commerce, noted that one local business has said it costs less to ship products to Hong Kong than it does to drive it in a truck to Los Angeles. She distributed a partial list of local companies who were exhi- bitors at last year' s Trade Exchange, and noted that there are also regional companies doing business in Kent. Ivanov invited the Mayor and Council President to work with the Chamber to plan strategically to bring small and mid-size com- panies on board. Woods said the investment made by the City some years ago for this program was a wise investment and expressed appreciation at being able to participate. Hate Speech. Ted Stamen, Rabbi at Bet Chavarin, 23812 41st Avenue South, noted that he has seen Nazi propaganda on television recently and asked that the City of Kent go on record as being a hate-free community. He said Kent is a place where people live together in peace and harmony and he would like to see it stay that way. Mayor 1 June 20, 1995 PUBLIC White suggested that the City Attorney be directed COMMUNICATIONS to prepare the appropriate resolution and bring it back to Council at the next meeting. There was no objection and it was so ordered. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR M be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of June 6, 1995 . WATER (CONSENT CALENDAR - ITEM 3C) Third Avenue Bridge water Main Replacement. ACCEPT as complete the contract with Gary Harper Construction for the Third Avenue Bridge Water Main Replacement project and release of retainage after State releases, as recommended by the Public Works Director. The original contract was $18 , 174 . 35 . The final construction cost was $19, 138 . 02 . (CONSENT CALENDAR - ITEM 3F) Naden Avenue RV Parking Area - Water & Sewer Service. APPROVAL of a request from a local RV club to install a dump station and water service at the Naden Avenue R.V. Parking area. This is estimated to cost $20, 000. The monies are avail- able in the Miscellaneous Watermain Improvement Fund (W40) and Miscellaneous Sewer Improvement Fund (D20) . No budget request is needed. It has been recommended by the Public Works Committee that these utility services be installed at the Naden Avenue R.V. Parking area. SEWER (OTHER BUSINESS - ITEM 4C) (ADDED BY OPERATIONS DIRECTOR MCFALL) Sewerage System. Public Works Director Wickstrom explained that a sewer line in the vicinity of West Valley Highway and S. 216th is sinking and that the sewer line is broken on both sides of the manhole. He said that this is a threat to the road and that repairs need to be made immediately. He noted that repairs could cost up to $60, 000 and that funds are available in the Miscellaneous Sewer Fund. MANN MOVED to adopt Resolution No. 1435 authorizing the City' s Public Works 2 June 20 , 1995 SEWER Director to take any and all acts necessary to remedy the sewerage system problem, and ratifying all acts of the City taken with respect to this problem prior to the passage of this resolution. Woods seconded and the motion carried. (BIDS - ITEM 5A) Titus Street Storm Rebuild. Bid opening for this project was held on Friday, June 2nd with 7 bids received. The low bid was submitted by Shoreline Construction in the amount of $302 , 791. 90 . The Engineer' s estimate was $265 , 706 . 00. The project consists of reconstructing and upsizing the storm sewer system on Titus from 1st Avenue to 4th Avenue. Although the low bid is actually 14 percent over the Engineer' s estimate, all of the bids were fairly close. As such, it is obvious that the low bid is a fair representation of the project cost. The monies for this project are available within various funds associated therewith. It has been recommended by the Public Works Committee, that the Titus Street Storm Sewer Rebuild project be awarded to Shoreline Construc- tion in the amount of $302 , 791. 90. MANN MOVED that the Titus Street Storm Sewer Rebuild project be awarded to Shoreline Construction in the bid amount of $302 , 791. 90 . Bennett seconded and the motion carried. PUBLIC WORKS (BIDS - ITEM 5B) 1995 Asphalt Overlays. Bid opening for this project was held on Wednesday, June 14th with 2 bids received. The low bid was submitted by M.A. Segale in the amount of $288 , 823 . 30 . The Engineer' s estimate was $302 , 729 . 20 . The project consists of asphalt concrete pavement work and replacement of channelization. It is the recommendation of the Public Works Director .that this project be awarded to M.A. Segale in the amount of $288 , 823 . 30 . MANN MOVED that the 1995 Asphalt Overlays project be awarded to M.A. Segale in the amount of $288 , 823 . 30 . Bennett seconded and the motion carried. (BIDS - ITEM 5C) Mill Creek Box Culverts . Bid opening for this project was held on Friday, June 16 . Public Works 3 June 20 , 1995 PUBLIC WORKS Director Wickstrom noted that two bids were received, and the low bid was from P. I.P. E. Inc. in the amount of $237 , 100. 00 . He explained that this is for the material for the project only, and that the Engineer' s estimate was $250, 000. 00 . He recommended that the low bid be awarded the con- tract. MANN MOVED that the Mill Creek Box Culverts supply contract be awarded to P. I .P.E. Inc. , in the bid amount of $237 , 100. 00 . Woods seconded and the motion carried. FEMA (CONSENT CALENDAR - ITEM 3G) FEMA Floodplain Maps. ADOPTION of Ordinance No. 3232 amending Ordinance Nos. 2867 and 3228 by deleting a portion of the paragraph associated with Manufactured Homes and adopting June 16, 1995 as the effective date of the new FEMA maps, as recommended by the Public Works Committee. RECYCLING (CONSENT CALENDAR - ITEM 3D) Recycling Programs. AUTHORIZATION for the Mayor to sign the Consultant Services Agreement with Pacific Energy Institute for the purpose of con- ducting waste and recycling audits, developing educational materials and pilot projects to increase the diversion rate of recycled materials, as recommended by the Public Works Committee and upon concurrence with the City Attorney and Public Works Director. The amount of this contract is $50, 756. 00 with the monies drawn from a King County grant for $116, 000 . 00 . STREET (CONSENT CALENDAR - ITEM 3E) VACATIONS 71st Avenue South Street Vacation. ADOPTION of Resolution No. 1432 setting August 1, 1995, as the public hearing date for the 71st Avenue South Street Vacation, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3L) 26th Place South Street Vacation. ADOPTION of Ordinance No. 3233 vacating a portion of 26th Place South. Council approved this street vacation on May 2 , 1995, subject to conditions which have now been met. 4 June 20, 1995 TRAFFIC (CONSENT CALENDAR - ITEM 3H) CONTROL 196th Corridor Railroad Grade Separation ADOPTION of Resolution No. 1433 to petition the Washington Utilities and Transportation commission to seek a determination that an above-grade rail- road crossing should be constructed as part of the City' s proposed 196th Street Corridor project. Woods noted that the resolution contains language which has been modified from that which appears in the agenda packet. ANNEXATION (PUBLIC HEARING - ITEM 2A) ZONING Beck Annexation Zoning AZ-95-2 . This is the second of two required hearings for the proposed initial zoning of the Beck Annexation area. The first hearing was held on May 16, 1995 . The Planning Commission recommends approval of Zoning Alternative No. 3 . Kevin O'Neill of the Planning Department pointed out the area on the map. Dave Hemboldt, 22521 94th Avenue South, requested that property he owns in the area be zoned R1-12 , as the 12 , 000 sq. ft. lots would be more com- patible for their proposed three-lot short plat. Don Whitener, 812 Hilltop Avenue, explained that he purchased 2-1/2 acres of property in 1966 and that his neighbor purchased the adjoining 2-1/2 acres. He noted that in 1993 he learned that the County would be rezoning this area to RS-7200 effective January 1, 1995, and that they have met all King County codes and rules for marketing these properties zoned RS-7200P. He expressed concern about the ability to sell lots of 20, 000 sq. ft. , and about the slopes in the area, and urged the Council to zone the area R1-7 . 2 . Larry Clements, 711 Hilltop, noted that as a contractor, he has built many of the homes in the area, and that he cleared his property based on information he received from King County that the property would be zoned for 7200 sq. ft. lots. He agreed that 20, 000 sq. ft. lots would be difficult to sell and urged the Council to zone the area R1-7 . 2 . Amy Forbis, 23306 94th Court South, President of the Wildberry Homeowners Association, noted that the lot sizes in Wildberry are approximately 9500 sq. ft. and the lot sizes in Rosemary Glen are 5 June 20, 1995 ANNEXATION approximately 13 , 500 sq. ft. due to topography. ZONING She explained that the Planning Commission reports say these lots are 7200 sq. ft. She stated that the 9500 and 13 , 500 sq. ft. lots are small when topography is taken into consideration. She en- couraged the Council to affirm the recommendation of the Planning Commission. David Haywood, 9426 S. 233rd, endorsed Forbis' comments and urged the Council to approve the Planning Commission' s recommendation. R. G. Minnott, 2366 llth Avenue East, Seattle, representing property owners in the area, noted that he had sent a letter to the Council re- questing R1-7. 2 zoning. He said that R1-7 . 2 would be consistent with the Growth Management Act and the Comprehensive Plan, and that the topography dictates it. John Mercer, 23401 94th Avenue South, urged the Council to adopt the minimum pos- sible zoning, due to the topography and traffic. Paul Clements, 20720 4th Avenue South, Des Moines, disagreed with comments that the steepness of the slopes is a problem, and said the property could easily be developed into 7200 sq. ft. lots. There were no further comments and ORR MOVED to continue the public hearing until the meeting of July 5th. Bennett seconded and the motion carried. WOODS MOVED that the letters from Mr. Hemboldt, Mr. Clements, Mr. Whitener and Mr. Minnott be made a part of the record. Orr seconded and the motion carried. Orr pointed out that the next meeting will be on Wednesday rather than Tuesday. CODES (OTHER BUSINESS - ITEM 4B) 1994 Editions of Uniform Building Code; Uniform Mechanical Code and Related Fee Schedules. In accordance with state law (RCW 19 . 27; Title 51 WAC) , Kent and other Washington cities and counties will begin enforcement of the 1994 editions of the Uniform Building Code and the Uniform Mechanical Code (with statewide amend- ments) on June 30, 1995 . The codes replace and supersede the previous (1991) editions and will be applicable to permit applications filed on or after June 30th. 6 June 20, 1995 CODES These new editions contain updated schedules of fees for permits and plan review. The schedules increase fees approximately 40 percent above pre- vious schedules. This increase approximately equals the increase in the Consumer Price Index since fees were last increased, with adoption of the 1985 code editions' schedules (June 1986) . This matter was discussed at the Operations Committee meeting of June 19th, and adoption was recommended. ORR MOVED to adopt Ordinance No. 3234 amending the Kent City Code relating to the 1994 Editions of the Uniform Building Code and the Uniform Mechanical Code. Woods seconded and the motion carried. ORR MOVED to adopt Resolution No. 1434 adopting the fees for permits under the Uniform Building Code, the Uniform Mechanical Code, the Uniform Plumbing Code and the Uniform Fire Code. Mann seconded and the motion carried. BUSINESS (CONTINUED COMMUNICATIONS - ITEM 6A) LICENSE Business License - Sapphos. Richard Curtain, 23829 102nd Avenue SE, voiced concern about the Mayor' s recent comments regarding the application for a business license for a tavern. He said he assumes the Mayor' s intentions were good, but that appearances do not reflect that. He said that while he appreciates Mr. Mann' s honesty and the strength of his convictions, some of the comments made disturb him. He explained that his morals as a gay man are the same morals as heterosexuals. He noted that he is not aware of any rapes or fights in a gay bar, and that particular groups of people cannot be classified with any single morality, especially based on a characteristic as broad as sexual orientation. He said this type of talk is divisive and expressed hope that the hate speech resolution being prepared will contain the issue of sexual orientation. He urged the Mayor to withdraw his opposition to this tavern, and urged the Council to establish a policy stating that future discussions about taverns and busi- nesses in Kent will be handled uniformly. He urged the Mayor to meet with the owners of the tavern in question. Aada Burchard spoke in sup- port of the tavern, saying that there are not too many taverns already. She said this tavern would meet the needs of the gays and lesbians in the community, and that it would produce revenue. 7 June 20, 1995 BUSINESS Evelyn Nickels, partner of the applicant for LICENSE Sapphos, thanked Mann for the strength of his convictions, and said that the last line of the Pledge of Allegiance, as recited at the beginning of this meeting, says "liberty and justice for all" . She said this means no select group gets privileged over another. She noted that this is a downtown commercial enterprise, and the purpose of the district is to encourage and promote higher density development including restaurants, food related shops and taverns. She noted that they meet those requirements and said both sides of the story should be heard. She expressed concern that they were not consulted. She said that a Western business with dancing, food, wine and beer was recently approved. Randy Johnson, 13350 SE 232 Place, asked that any decision not be made upon orientation, because that is not fair, and added that the patrons of the bar will produce revenue. Jeff Mclean, 6221 237th South, Apt. Q102 , spoke against the tavern because people should not drink. Tyler Page, 21024 132nd Avenue SE, spoke in sup- port of the tavern, and said efforts to block people from legitimate, legal and tax-paying enterprises is inconsistent with Kent' s reputation as a modern, outward oriented City. He noted that the law calls for equal accommodation, and pointed out that this business does not impose any burden on anyone other than those who wish to participate in it. Bree Walker, 14054 SE 208th Street, voiced support of the bar and said that Kent has a large gay community. She agreed that there is less vio- lence in gay bars, and that people .who are opposed should visit a gay bar. She urged that all issues be considered before a decision is made. Denise Bohana, 13205 SE 260, supported the opening of the gay bar, noting that there is room in our culture for different types of people. George Wilson, 14405 SE 257 Place, spoke in opposition not only to the bar but to some of the statements made tonight. He said he is opposed to opening another bar or tavern in the downtown area, noting that many other establishments also serve alcohol. He said he appreciates the stance the Mayor has taken, and that he does not see it as a homosexual/non-homosexual issue. Dale Fruin 8 June 20, 1995 BUSINESS opposed the addition of another drinking LICENSE establishment in downtown Kent. Myrtle Lachance suggested that the City keep family values. Councilmember Mann apologized to anyone who may have been offended by his remarks in the media. He said that although he has no animosity toward anyone personally, he cannot condone the act of homosexuality and therefore cannot agree to having a gay bar in Kent. Mayor White noted that there are currently 13 licensed taverns in the City of Kent', 3 of which are downtown, and 119 establish- ments where alcohol can be purchased. He said he could not condone another tavern. He noted that he spent 35 years in the hair business, which he would not have done if sexual orientation was a problem for him. He said this issue has been blown out of proportion by the media, and that he will not be granting interviews on the subject. He added that Council may choose to do otherwise. He expressed the hope that everyone concerned with this issue will work together. Orr explained that the Council was not informed of this issue in advance, and suggested that it may be appropriate for them to look at the Downtown Plan, not only with taverns in mind, but also with other uses which may arise with the coming of the Regional Justice Center. She said she suggested to Planning Committee members Clark and Woods at their meeting today, that they form a committee or task force to look at the Plan as to the appro- priate number for any type of development. She said she will attempt to firm up these plans in the next two weeks . Mayor White stated that today he had asked the Planning Commission to reopen the Downtown Plan in regard to drive-through possi- bilities for new banks and any other subjects they wish to address. Orr said she would prefer that this issue not go through the Planning Commission, noting that at least two members of the Commission are running for political office, and she does not want this to become a political issue. She felt an independent group involving the Chamber of Commerce, the Downtown Partnership, business owners, and residents of the downtown area would be better. 9 June 20, 1995 COUNCIL (CONSENT CALENDAR - ITEM 3K) council Absences. APPROVAL of requests from Councilmembers Clark and Houser for excused absences from City Council meetings. Councilmember Christi Houser has requested an excused absence from the -June 20 , 1995 City . Council meeting. She will be out of town and unable to attend. Councilmember Tim Clark has requested an excused absence from the July 5, 1995 'City Council meeting. He will be out of town and unable to attend. (CONSENT CALENDAR - ITEM 3M) (ADDED BY COUNCIL PRESIDENT WOODS) Council Absence. APPROVAL of an excused absence from tonight' s meeting for Councilmember Johnson, who cannot be in attendance. PARKS (CONSENT CALENDAR - ITEM 3I) Surplus of City-owned Houses. AUTHORIZATION for the Parks Department to declare the following City-owned houses surplus, in order to advertise them to the highest bidder(s) : 24623 Russell Road (Riverbend Golf Course Driving Range) ; 8121 South 259th (Corrections Facility) ; 24615 26th Place South (Parkside Wetlands) ; and 11459 SE 266th (Public Works) . (CONSENT CALENDAR - ITEM 3J) Director of Golf. AUTHORIZATION to appoint Brett Wilkinson as Director of Golf at the Riverbend Golf Complex, per recommendation from John Hodgson and Jim Stone, S. S .M.D. (OTHER BUSINESS - ITEM 4A) Performing Arts Center Final Report. The Mayor' s Blue Ribbon Committee, which was formed to re- search the viability of a Performing Arts Center in the City of Kent, requests acceptance of the Consultant' s Final Report and continuation of the Committee. WOODS MOVED to accent the Consultant' s Final Report and to authorize the continuation of the Mayor' s Blue Ribbon Committee for the Performing Arts Center. 10 June 20, 1995 FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through May 31 and paid on May 31, 1995 after auditing by the Operations Committee on June 19 , 1995 . The Operations Committee meeting of June 14 , 1995 was cancelled. Approval of checks issued for vouchers: Date Check Numbers Amount 5/31/95 155558-156251 $1, 749, 548 . 21 Approval of checks issued for payroll for May 16 through May 31, 1995 and paid on June 5, 1995: Date Check Numbers Amount 6/5/95 Checks 203520-203917 $270f690. 68 Advices 24717-25103 478 , 796 . 84 $749 , 487 . 52 REPORTS Administrative Reports Operations Director McFall announced that the next City Council meeting will be held on WEDNESDAY, July 5th, rather than on the first Tuesday of the month, due to the holiday. ADJOURNMENT The meeting adjourned at 8 : 25 p.m. Brenda Jacober, CMC City Clerk 11 Kent City Council Meeting Date July 5. 1995 Category Consent Calendar 1. SUBJECT: COUNCIL WORKSHOP ONINITIATIVE 164 - AUTHORIZATION 2 . SUMMARY STATEMENT: Authorizatio to set a workshop for 6: 00 p.m. on July 18, 1995 to review and discuss the impacts of Initiative 164, "The Private Property Regulatory Fairness Act. " 3 . EXHIBITS• None 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C Kent City Council Meeting Date July 5 , 1995 Category Consent Calendar 1. SUBJECT: PAWNBROKERS ORDINANCE - AMENDMENT a6 pZl,,, 2 . SUMMARY STATEMENT: doptio of Ordinance No. 34R3 5 relating to pawnbrokers. During the 1995 legislature session, pursuant to House Bill 1012, the State Legislature amended the Revised Code of Washington as it relates to the regulation of pawnbrokers. This ordinance amends Chapter 5. 05 of the Kent City Code to be in conformance with the recent state legislation. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ n/a SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3D ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Kent City Code Sections 5 . 05 . 010 , 5 . 05 . 080 , and 5 . 05 . 090 relating to pawnbrokers . WHEREAS, during 1994 the City Council, pursuant to Ordinance No . 3180 , amended Chapter 5 . 05 of the Kent City Code relating to licensing of pawnbrokers to update its provisions in conformance with state law; and WHEREAS, the state legislature, during the 1995 legislative session, pursuant to House Bill 1012 , amended the Revised Code of Washington as it relates to regulation of pawnbrokers, therefore, it is appropriate for the City Council to amend Chapter 5 . 05 of the Kent City Code to be in conformance with the recent state legislation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : �a+vn�ralcea; SECTION 1 . Kent City Code Section 5 . 05 . 010 is hereby amended as follows : Sec . 5 . 05 . 010 . Definitions . The following words , terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1 Loan period means the period of time from the date the loan is made until the date the loan is paid off , the loan is in default or the loan is refinanced and new loan documents are issued including all grace or extension periods . 2 . Melted metals means metals derived from junk metal or precious metals that have been reduced to a melted state from other than ore or ingots which are produced from ore that has not previously been processed. 3- 3 . Metal junk means any metal that has previously been milled, shaped, stamped, or forged and that is no longer useful in its original form, except precious metals . 3— 4 . Nonmetal junk means any nonmetal , commonly discarded item that is worn out , or has outlasted its usefulness as intended in its original form except nonmetal junk does not include an item made in a former period which has enhanced value because of its age . �— S . Pawnbroker means every person engaged, in whole or in part , in the business of loaning money on the security of 2 pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property. rr 6 . Precious metals means gold, silver, and platinum. 6— 7 . Secondhand dealer means every person engaged, in whole or in part, in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value, secondhand property including metal junk, melted metals, precious metals, whether or not the person maintains a fixed place of business within the state . "Second-hand dealer" also includes persons or entities conducting business at flea markets or swap meets, more than three (3 ) times per year. - - 8 . Second-hand property means any item of personal property offered for sale which is not new, including metals in any form, except postage stamps, coins that are legal tender, bullion in the form of fabricated hallmarked bars, used books , and clothing of a resale value of seventy-five dollars ($75 . 00) or less , except furs . 8 .e2fzix e�E -the—lean —d e€�ne d in tl=:i s e h ap-be t the lean— 9 . Transaction means a pledge, or the purchase of, or consignment of, or the trade of any item of personal property by a pawnbroker or second-hand dealer from a member of the general public . 3 SECTION 2. Kent City Code Section 5 . 05 . 080 is hereby amended as follows : Sec . 5 . 05 . 080 . Rates of interest and other fees . A. All pawnbrokers are authorized to charge and receive interest and other fees at the rates in this section for money loaned on the security of personal property actually received in pledge . The interest for the loan period shall not exceed: 1 . For an amount loaded up to nine dollars and ninety-nine cents ($9 . 99) --interest at one dollar ($1 . 00) for each thirty-day period to include the loan date . 2 . For an amount loaded from ten dollars ($10 . 00) to nineteen dollars and ninety-nine cents ($19 . 99) --interest at one dollar twenty-five cents ($1 . 25) for each thirty-day period to include the loan date . 3 . For an amount loaded from twenty dollars ($20 . 00) to twenty-four dollars and ninety-nine cents ($24 . 99) --interest at one dollar fifty cents ($1 . 50) for each thirty-day period to include the loan date . 4 . For an amount loaded from twenty-five dollars ($25 . 00) to thirty-four dollars and ninety-nine cents ($34 . 99) --interest at one dollar seventy-five cents ($1 . 75) for each thirty-day period to include the loan date . 5 . For an amount loaded from thirty-five dollars ($35 . 00) to thirty-nine dollars and ninety-nine cents 4 ($39 . 99) --interest at two dollars ($2 . 00) for each thirty-day period to include the loan date . 6 . For an amount loaded from forty dollars ($40 . 00) to forty-nine dollars and ninety-nine cents ($49 . 99) --interest at two dollars and twenty-five cents ($2 . 25) for each thirty-day period to include the loan date . 7 . For an amount loaded from fifty dollars ($50 . 00) to fifty-nine dollars and ninety-nine cents ($59 . 99) --interest at two dollars and fifty cents ($2 . 50) for each thirty-day period to include the loan date . 8 . For an amount loaded from sixty dollars ($60 . 00) to sixty-nine dollars and ninety-nine cents ($69 . 99) --interest at two dollars and seventy-five cents ($2 . 75) for each thirty-day period to include the loan date . 9 . For an amount loaded from seventy dollars ($70 . 00) to seventy-nine dollars and ninety-nine cents ($79 . 99) --interest at three dollars ($3 . 00) for each thirty-day period to include the loan date . 10 . For an amount loaded from eighty dollars ($80 . 00) to eighty-nine dollars and ninety-nine cents ($89 . 99) - -interest at three dollars and twenty-five cents ($3 . 25) for each thirty-day period to include the loan date . 11 . For an amount loaded from ninety dollars ($90 . 00) to ninety-nine dollars and ninety-nine cents ($99 . 99) --interest at three dollars and fifty cents ($3 . 50) for each thirty-day period to include the loan date . 5 12 . For an amount loaded from one hundred dollars ($100 . 00) or more--interest at the rate of three (3) percent for each thirty-day period to include the loan date . B . The fee for preparation of documents, pledges, or reports required under the laws of the United States, the state, King County or the city shall not exceed: 1 . For the amount loaned up to four dollars and ninety-nine cents ($4 . 99) - -the sum of fifty cents ($0 . 50) . 2 . For the amount loaned from five dollars ($5 . 00) to nine dollars ($9 . 0o) --the sum of two dollars ($2 . 00) . 3 . For the amount loaned from ten dollars ($10 . 00) to fourteen dollars and ninety-nine cents ($14 . 99) --the sum of three dollars ($3 . 00) . 4 . For the amount loaned from fifteen dollars {$15 . 00) to nineteen dollars and ninety-nine cents ($19 . 99) --the sum of three dollars and fifty cents ($3 . 50) . 5 . For the amount loaned from twenty dollars ($20 . 00) to twenty-four dollars and ninety-nine cents ($24 . 99) - -the sum of four dollars ($4 . 00) . 6 . For the amount loaned from twenty-five dollars ($25 . 00) to twenty-nine dollars and ninety-nine cents ($29 . 99) --the sum of four dollars and fifty cents ($4 . 50) . 7 . For the amount loaned from thirty dollars ($30 . 00) to thirty-four dollars and ninety-nine cents ($34 . 99) - -the sum of five dollars ($5 . 00) . 6 8 . For the amount loaned from thirty-five dollars ($35 . 00) to thirty-nine dollars and ninety-nine cents ($39 . 99) --the sum of five dollars and fifty cents ($5 . 50) . 9 . For the amount loaned from forty dollars ($40 . 00) to forty-four dollars and ninety-nine cents ($44 . 99) --the sum of six dollars ($6 . 00) . 10 . For the amount loaned from forty-five dollars ($45 . 00) to forty-nine dollars and ninety-nine cents ($49 . 99) - -the sum of six dollars and fifty cents ($6 . 50) . 11 . For the amount loaned from fifty dollars ($50 . 00) to fifty-four dollars and ninety-nine cents ($54 . 99) --the sum of seven dollars ($7 . 00) . 12 . For the amount loaned from fifty-five dollars ($55 . 00) to fifty-nine dollars and ninety-nine cents ($59 . 99) --the sum of seven dollars and fifty cents ($7 . 50) . 13 . For the amount loaned from sixty dollars ($60 . 00) to sixty-four dollars and ninety-nine cents ($64 . 99) --the sum of eight dollars ($8 . 00) . 14 . For the amount loaned from sixty-five dollars ($65 . 00) to sixty-nine dollars and ninety-nine cents ($69 . 99) - -the sum of eight dollars and fifty cents ($8 . 50) . 15 . For the amount loaned from seventy dollars ($70 . 00) to seventy-four dollars and ninety-nine cents ($74 . 99) -the sum of nine dollars ($9 . 00) . 7 16 . For the amount loaned from seventy-five dollars ($75 . 00) to seventy-nine dollars and ninety-nine cents ($79 . 99) --the sum of nine dollars and fifty cents ($9 . 50) . 17 . For the amount loaned from eighty dollars ($80 . 00) to eighty-four dollars and ninety-nine cents ($84 . 99) - -the sum of ten dollars ($10 . 00) . 18 . For the amount loaned from eighty-five dollars ($85 . 00) to eighty-nine dollars and ninety-nine cents ($89 . 99) --the sum of ten dollars and fifty cents ($10 . 50) . 19 . For the amount loaned from ninety dollars ($90 . 00) to ninety-four dollars and ninety-nine cents ($94 . 99) --the sum of eleven dollars ($11 . 00) . 20 . For the amount loaned from ninety-five dollars ($95 . 00) to ninety-nine dollars and ninety-nine cents ($99 . 99) --the sum of eleven dollars and fifty cents ($11 . 50) . 21 . For the amount loaned from one hundred dollars ($100 . 00) to one hundred four dollars and ninety-nine cents ($104 . 99) --the sum of twelve dollars ($12 . 00) . 22 . For the amount loaned from one hundred five dollars ($105 . 00) to one hundred nine dollars and ninety-nine cents ($109 . 99) - -the sum of twelve dollars and twenty-five cents ($12 . 25) . 23 . For the amount loaned from one hundred ten dollars ($110 . 00) to one hundred fourteen dollars and ninety-nine cents ($114 . 99) - -the sum of twelve dollars and seventy-five ($12 . 75) . 8 24 . For the amount loaned from one hundred fifteen dollars ($115 . 00) to one hundred nineteen dollars and ninety-nine cents ($119 . 99) - -the sum of thirteen dollars and twenty-five cents ($13 . 25) . 25 . For the amount loaned from one hundred twenty dollars ($120 . 00) to one hundred twenty-four dollars and ninety- nine cents ($124 . 99) - -the sum of thirteen dollars and fifty cents ($13 . 50) . 26 . For the amount loaned from one hundred twenty-five dollars ($125 . 00) to one hundred twenty-nine dollars and ninety-nine cents ($129 . 99) --the sum of thirteen dollars and seventy-five cents ($13 . 75) . 27 . For the amount loaned from one hundred thirty dollars ($130 . 00) to one hundred forty-nine dollars and ninety- nine cents ($149 . 99) --the sum of fourteen dollars and fifty cents ($14 . 50) . 28 . For the amount loaned from one hundred fifty dollars ($150 . 00) to one hundred seventy-four dollars and ninety- nine cents ($174 . 99) - -the sum of fourteen dollars and seventy- five cents ($14 . 75) . 29 . For the amount loaned from one hundred seventy-five dollars "($175 . 00) to one hundred ninety-nine dollars and ninety-nine cents ($199 . 99) --the sum of fifteen dollars ($15 . 00) . 9 30 . For the amount loaned from two hundred dollars ($200 . 00) to two hundred twenty-four dollars and ninety- nine cents ($224 . 99) --the sum of sixteen dollars ($16 . 00) . 31 . For the amount loaned from two hundred twenty-five dollars ($225 . 00) to two hundred forty-nine dollars and ninety-nine cents ($249 . 99') --the sum of seventeen dollars ($17 . 00) . 32 . For the amount loaned from two hundred fifty dollars ($250 . 00) to two hundred seventy-four dollars and ninety- nine cents ($274 . 99) --the sum of eighteen dollars ($18 . 00) . 33 . For the amount loaned from two hundred seventy-five dollars ($275 . 00) to two hundred ninety-nine dollar and ninety-nine cents ($299 . 99) --the sum of nineteen dollars ($19 . 00) . 34 . For the amount loaned from three hundred dollars ($300 . 00) to three hundred twenty-four dollars and ninety-nine cents ($324 . 99) --the sum of twenty dollars ($20 . 00) . 35 . For the amount loaned from three hundred twenty-five dollars ($325 . 00) to three hundred forty-nine dollars and ninety-nine cents ($349 . 99) - -the sum of twenty-one dollars ($21 . 00) . 36 . For the amount loaned from three hundred fifty dollars ($350 . 00) to three hundred seventy-four dollars and ninetyznine cents ($374 . 99) --the sum of twenty-two dollars ($22 . 00) . 10 37 . For the amount loaned from three hundred seventy-five dollars ($375 . 00) to three hundred ninety-nine dollars and ninety-nine cents ($399 . 99) - -the sum of twenty-three dollars ($23 . 00) . 38 . For the amount loaned from four hundred dollars ($400 . 00) to four hundred twenty-four dollars and ninety- nine cents ($424 . 99) - -the sum of twenty-four dollars ($24 . 00) . 39 . For the amount loaned from four hundred twenty-five dollars ($425 . 00) to four hundred forty-nine dollars and ninety-nine cents ($449 . 99) - -the sum of twenty-five dollars ($25 . 00) . 40 . For the amount loaned from four hundred fifty dollars ($450 . 00) to four hundred seventy-four dollars and ninety-nine cents ($474 . 99) --the sum of twenty-six dollars ($26 . 00) . 41 . For the amount loaned from four hundred seventy-five dollars ($475 . 00) to three hundred ninety-nine dollars and ninety-nine cents ($499 . 99) --the sum of twenty-seven dollars ($27 . 00) . 42 . For the amount loaned from five hundred dollars ($500 . 00) to five hundred twenty-four dollars and ninety- nine cents ($524 . 99) --the sum of twenty-eight dollars ($28 . 00) . 43 . For the amount loaned from five hundred twenty-five dollars ($525 . 00) to five hundred forty-nine dollars and ninety-nine cents ($549 . 99) --the sum of twenty-nine dollars ($29 . 00) . 11 44 . For the amount loaned from five hundred fifty dollars ($550 . 00) to five hundred ninety-four dollars and ninety- nine cents ($599 . 99) - -the sum of thirty dollars ($30 . 00) . 45 . For the amount loaned from six hundred dollars ($600 . 00) to six hundred ninety-nine dollars and ninety- nine cents ($699 . 99) --the sum of thirty-five dollars ($35 . 00) . 46 . For the amount loaned from seven hundred dollars ($700 . 00) to seven hundred ninety-nine dollars and ninety-nine cents ($799 . 99) - -the sum of forty dollars ($40 . 00) . 47 . For the amount loaned from eight hundred dollars ($80o . 00) to eight hundred ninety-nine dollars and ninety-nine cents ($899 . 99) - -the sum of forty dollars ($40 . 00) . 48 . For the amount loaned from nine hundred dollars ($900 . 00) to nine hundred ninety-nine dollars and ninety- nine cents ($999 . 99) --the sum of fifty dollars ($50 . 00) . 49 . For the amount loaned from one thousand dollars ($1 , o00 . 00) to one thousand four hundred ninety-nine dollars and ninety-nine cents ($1 , 499 . 99) --the sum of fifty-five dollars ($55 . 00) . 50 . For the amount loaned from one thousand five hundred dollars ($1 , 500 . 00) to one thousand nine hundred ninety- nine dollars and ninety-nine cents ($1, 999 . 99) =-the sum of sixty dollars ($60 . 00) . 51 . For the amount loaned from two thousand dollars ($2 , 000 . 00) to two thousand four hundred ninety-nine 12 Y dollars and ninety-nine cents ($2 , 499 . 99) --the sum of sixty-five dollars ($65 . 00) . 52 . For the amount loaned from two thousand five hundred dollars ($2 , 500 . 00) to two thousand nine hundred ninety- nine dollars and ninety-nine cents ($2 , 999 . 99) - -the sum of seventy dollars ($70 . 00) . 53 . For the amount loaned from three thousand dollars ($3 , 000 . 00) to three thousand four hundred ninety-nine dollars and ninety-nine cents ($3 , 499 . 99) --the sum of seventy- five dollars ($75 . 00) . 54 . For the amount loaned from three thousand five hundred dollars ($3 , 500 . 00) to three thousand nine hundred ninety-nine dollars and ninety-nine cents ($3 , 999 . 99) --the sum of eighty dollars ($80 . 00) . 55 . For the amount loaned from four thousand dollars ($4 , 000 . 00) to four thousand four hundred ninety-nine dollars and ninety-nine cents ($4 , 499 . 99) - -the sum of eighty-five dollars ($85 . 00) . 56 . For the amount loaned from four thousand five hundred dollars ($4 , 500 . 00) or more- -the sum of ninety dollars ($90 . 00) C. Fees under subsection E-5.IIL of this section may be charged one (1) time only a - g `iie ter of a pledge for each loan eriod • no additional fees other than interest allowed under subsection (A) of this section shall be charged for making the loan . 13 D. A copy of this section set in twelve-point type or larger shall be posted prominently in each premises subject to this chapter. SECTION 3. Kent City Code Section 5 . 05 . 090 is hereby amended- as follows : Sec . 5 . 05 . 090 . Sale of pledged property limited. A. The term of the loan shall be for a period of thirty (30) days to include the date of the loan. A- B . A pawnbroker shall not sell any property received in pledge until both the term of the loan and a grace period of minimum of sixty (60) days has expired. However, if a pledged article is not redeemed within the ninety (90) day period of bath the term of the loan and the grace period, the pawnbroker shall have all rights , title and interest of that item of personal property. The pawnbroker shall not be required to account to the pledgor for the proceeds received from the disposition of that item. Any provision of law relating to the foreclosures and the subsequent sale of forfeited pledged items, shall not be applicable to any pledge as defined under this chapter, the title to which is transferred in accordance with this section. $- C. Every loan transaction entered into by a pawnbroker shall be evidenced by a written document, a copy of which shall be furnished to the pledgor. The document shall set forth the term of the loan,-- the final date of which the loan is 14 due and payable,,—�- the loan preparation fee ; the amount of interest charged every_thirty (30) days ; the total amount due including the principal amount the preparation fee and all interest charges due if the loan is outstanding for the full ninety (90) days allowed by the term and minimum grace period; and the annual percentage rate , and shall inform the pledgor' of the pledgor ' s right to redeem the pledge at any time within sixty the term of the loan or the minimum sixty (60) day grace period. D. If a person who has entered into a loan transaction with a pawnbroker in this state is unable to redeem and repay the loan on or before the expiration of the term of the loan plus the minimum sixty (60) day grace period and that 32erson wishes to retain his or her rights to use that item by rewriting the loan and if both parties mutually agree , an existing loan transaction may be rewritten into a new loan, either in person or by mail All applicable provisions of this chapter shall be followed in rewriting a loan except that where an existing loan is rewritten by mail subsection 5 05 . 030 (A) (1) and (7) shall not apply. SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity 15 or constitutionality of any other section, sentence, clause or phrase of this ordinance . SECTION 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST : BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 16 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 17 Kent City Council Meeting Date July 5 , 1995 Category Consent Calendar 1. SUBJECT: SECRETARIAL SUPPORT - PLANNING DEPARTMENT - AUTHORI ZATIOA N p _ �"`p Cam`' 2 . SUMMARY STATE As recommended b the Operations Committee u horizat for the Planning Depar ment to hire a full time Administrative Secretary I position budgeted for the Meridian Annexation beginning August, 1995 utilizing $6, 239 from the Planning Department and $9, 447 from budget savings with the necessary budget changes TheMeridian Annexation secretary position authorized for January 1, 1996 is requested to be moved up to August 1995. The current temporary position is limited to five months per union contract. The Planning Department is now gearing up for the Meridian Annexation and had planned to use the current temporary person to assist with Planning Commission and staff work on the Meridian Annexation zoning and the census later in m y • ___—L fCll-_�-Ta� iit e- Aft l i v e the year. yft sacrntary m Au 3 . EXHIBITS: Memorandum to the City Council Operations Committee 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REOUIRED: $15 , 686 SOURCE OF FUNDS: $6 239 Planning Department Budget $9 447 from budget savings 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E CITY OF CAIL22LSV CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 dF9l7II�'Il'� MEMORANDUM May 19, 1995 MEMO TO: BRENT MCFALL, DIRECTOR OF OPERATIONS FROM: JAMES P. HARRIS, PLANNING DEPARTMENT SUBJECT: REQUEST FOR SECRETARIAL SUPPORT FOR AUGUST THROUGH DECEMBER 1995 We have been informed by Human Resources that the recent 1995 AFSME contract limits temporary employees from working more than five months per year. We have employed Cyndi Wells this year as a temporary secretary. She has worked four months so far, but is not working for us at this time. However, we planned to bring her back in August for the rest of the year. With the new AFSME contract, this cannot happen. We are requesting that the Meridian Annexation secretary position, authorized for January 1, 1996, be moved up to August 1995 so that we can continue to employ Cyndi as proposed. We estimate the cost for a full-time Administrative Secretary I position from August 1 through December 31, with benefits, to be $15,686. We currently have $6,239 that can be used to offset this cost, leaving a deficit of $9,447. The Planning Department is now gearing up for the Meridian Annexation work load and we had planned on using Cyndi to help out with Planning Commission and staff's work on the Meridian Annexation zoning and the census later in the year. She would assist with all of the mailings, agendas, minutes, and public notices plus she would help out on business licenses, telephones, and the front counter. These efforts would relieve other secretaries who would have to work an average of 2.5 hours per day overtime to make up for the work Cyndi would do. In 1994, we received approval for Cyndi Wells to be an eight-month temporary employee due to the work load of the Comprehensive Plan and other GMA projects. In 1995, we have used Cyndi on an as-needed basis from February through May to fill in for secretaries who were on vacation or sick leave. Cyndi started with us in 1993 as a volunteer. MJP/mp:c:Cyndi.5 cc: Margaret Porter, Administrative Assistant Kent City Council Meeting Date July 5 . 1995 Category Consent Calendar 1. SUBJECT: PLANS EXAM�,IpNNEI�,,,oP.oOSITION - AUTHORIZATION 0-9 (��/ 2 . SUMMARY sT s recommended by the O erations r,committee uthorizatio to create an ill one additional plans examiner position immediately, with further analysis during the first quarter of 1996 to better assess plan review workloads and staff resource adequacy/ The City has been contracting out "building code" plan review workloads since January of this year expending approximately $60, 000 . The level of development and construction activity during 1995 to date has exceeded any similar period in our records and shows no indication of slowing. The level of demand and expense of contracting out excess work load justifies the addition of a full time plans examiner. 3 . EXHIBITS: Memorandum to the City Council Operations Committee 4 . RECOMMENDED BY: operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE RE UIRED: 39 000 12 SOURCE OF FUNDS: ✓� 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F PLANNING DEPARTMENT DEVELOPMENT SERVICES DIVISION MEMORANDUM June 21, 1995 TO: JON JOHNSON, CHAIR, AND COUNCIL OPERATIONS COMMITTEE MEMBERS: LEONA ORR AND CHRIST] HOUSER FROM: BOB HUTCHINSON, BUILDING OFFICIAL SUBJECT: STRATEGIES TO ADDRESS PLAN REVIEW WORKLOAD Since January of this year, the City has been addressing "building code" plan review workloads exceeding internal staff capacity by contracting with an outside vendor for plan review services. During this period, plans for 22 major projects have been reviewed "outside", with costs to date for these services totaling approximately $60,000. The level of development and construction activity during 1995 to date has exceeded any similar period in our records and shows no indication of slowing. It is anticipated that demand for plan review service will remain high in the foreseeable future. The level of demand is enough to command the full-time use of an additional plans examiner position to supplement the two currently in place. Experience indicates that in-house staff are more able to respond to our customers needs, are better able to coordinate review work with other City departments and/or divisions, and are more cost- effective at doing high production levels of review. Except for temporary peak overloads, in-house staffing better provides this service than contracting the work out. Plans to handle the Meridian Annexation include hiring a plans examiner in January, 1996. If this position was filled July 1,1995, the '95 budget costs (including one-time start up costs) would be approximately $39,000. This would preclude the need for most, if not all, further contracting for plan review services in 1995, although the demands of the Meridian Annexation will add more workload in 1996. Staff recommends that the 1995 budget be amended to authorize creation and filling one additional plans examiner position immediately, with further analysis during the first quarter of 1996 to better assess plan review workloads and staff resource adequacy. Please see attached fiscal analysis and fact sheets. CITY OF KENT, WASHINGTON FISCAL ANALYSIS 1995 PROGRAM CHANGES 001 1850 242 FUND DEPT PROGRAM PROPOSAL TITLE: Request filling one (1) full-time Plans Examiner (with benefits) position planned for the Meridian Annexation effective July 1,1995 and monitor plan review workloads and staff adequacy in first quarter of 1996. APPROXIMATE COST $39,000 BUDGET OBJECTIVE: The objective of adding this position is to provide and maintain acceptable levels of service in performing mandated review of plans filed with applications for building permits in the most cost-effective manner, which is by in-house staff. The intent is to maintain traditional short timelines for plan review while significantly reducing need to contract this work out. WHAT IS NEEDED TO ACCOMPLISH OBJECTIVE: Salary and Benefits $32,900 Supplies $1 ,400 Services and Charges $ 800 Capital Outlay $3,900 TARGET ISSUE AND RELATIONSHIP TO TARGET ISSUE: This proposal is in support of Council's Moderate Priority Target Issue #14. Earthquake Preparedness; Moderate Priority Target Issue #18. Permit Center: Revision; and Moderate Priority Target Issue #19 Economic Development: Refocus Direction. PROPOSED FUNDING SOURCES: Increased construction activity levels and associated revenue are expected to continue. The new fee schedules in the 1994 editions of the Uniform Codes, adopted by Council, are conservatively expected to generate additional revenues of$82,860 in the last half of 1995 (revenue sources 001 000 1850 2210 01, 2210 02. 4583 00, and 2210 04. OPTIONS AND ALTERNATIVES: 1. Continue contracting for plan review services for workload exceeding our current staff resources, with estimated costs for the last half of 1995 at $60,000. Fill the position associated with the Meridian Annexation January 1,1996. FACT SHEET of BUILDING PLAN REVIEW WORKLOAD/RESOURCES JUNE 1995 I. Workload measurements: 1. Permit applications received requiring "building" plan review: January - May, 1994 : 304 January - May, 1995 : 558 = 84% increase 2. Permits issued requiring "building" plan review: 1993 - 789 1994 - 731 1995 - (January - May: 517) projected: 1240 = 63% increase over average of 1993 and 1994 II. Internal plan review staff resources: 1993 = 2.23 FTE (4,068 hours) 1994 = 2.05 FTE (3,739 hours) 1995 = 1.95 FTE (3,557 hours) = 13% decrease from 1993 III. Anticipated costs of adding resources: 1. Adding plan review staff position effective July 1, 1995: $39,000 ('95 budget) or 2. Contracted plan review resources: 1995 to date: $ 60,000 remainder of 1995: $ 60,000 total, 1995 = $120,000 IV. Revenue sources: Adoption (6/20/95, effective 6/30/95) of 1994 edition Uniform Building and Mechanical Codes fee schedules = $82,860 additional 1995 revenue Kent City Council Meeting Date July 5 . 1995 Category Consent Calendar 1. SUBJECT: 1995 SUMMER YOUTH ACADEMY FUNDING 00 61pO 2 . SU ATEMENT: T - ^--- 't-- tSCS izcC-a cput authorizatio to use funds left over from the 1994 Summer Youth Academy (approximately $300) for the 1995 Academyj ,a-O 3 . EXHIBITS: Memorandum 4 . RECOMMENDED BY: Staff and Public Safety Committee 6/20/95 (3-0) (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. 3G TO: Public Safety Committee FROM: Lt . Lorna K. Rufener SUBJECT : 1995 Summer Youth Academy DATE: 05-15-95 The Kent Police Department worked on a joint Summer Youth Academy with King County Police and the Kent School District in the summer of 1994 . Approximately $300 . 00 was left over from the fundraising efforts from 1994 . I would like to request that those funds be used for the 1995 joint Summer Youth Academy. We anticipate up to $5000 . 00 potentially being donated to this project this year. The Summer Youth Academy is designed for boys and girls age 12- 15 , they learn more about law enforcement and have classes on stress, first aid, and numerous other topics . Several field trips are planned, to include the Courts, Juvenile Detention Center, Boeing, and possibly a water safety class at a local swimming pool . Our goal is to encourage youth to look at their own safety, while improving their own ability to deal with a crisis . The classes are planned to hold up to 45 youth, from 8 :30 a.m. until 3 : 30 p .m. for two weeks this summer. The account set up needs to be approved through the Public Safety Committee and continue through Council approval . We appreciate the support we have had on this effort in 1994 , our agency was the first in King County to have a youth academy, and it is primarily funded through the donations we receive from our community. CC : Chief Ed Crawford Captain Chuck Miller Administrative Assistant Mary Ann Kern Kent City Council Meeting Date July 5 , 1995 Category Consent Calendar 1. SUBJECT: 1994 EDITION OF THUNIFORM FIRE CODE - ORDINANCE 2 . SUMMARY STATEMENT: Adopt of Ordinance No. 3a3 6 relating to the Fire Code. Thedition of the Uniform Fire Code has been adopted by the State to be effective June 30, 1995. This ordinance amends Chapter 13 . 02 of the Kent City Code to adopt the 1994 Uniform Fire Code in conformance with state law. 3 . EXHIBITS: ordinance 4 . RECOMMENDED BY: Fire Department and Public Safety 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. 3H ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Kent City Code Chapter 13 . 02 relating to the Uniform Fire Code . WHEREAS, pursuant to Title 13 of the Kent City Code, the City adopted the 1991 edition of the Uniform Fire Code; and WHEREAS, the 1994 edition of the Uniform Fire Code will be in effect statewide effective June 30 , 1995 pursuant to RCW 19 . 27 and Chapters 51-34 and 51-35 WAC; and WHEREAS, pursuant to RCW 19 . 27, the Uniform Fire Code is in effect in all cities, including the City of Kent, as adopted by the State, therefore, it is appropriate to amend the city code to formally adopt the same; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : SECTION I. Kent City Code Chapter 13 . 02 is hereby amended as follows : CHAPTER 13 . 02 . FIRE CODES Sec . 13 . 02 .010 . Uniform fire code--Adopted. There is adopted by reference, the Uniform Fire Code, 4991 1994 Edition, promulgated by the International Conference of Building Officials and the Western Fire Chiefs Association, as amended by WAC e3Fr- Chapters S! 24 51-34 and 51-35 as currently enacted and as amended from time to time, also adopted hereby by reference, together with deletions, amendments and additions thereto as set forth in this chapter. One (1) copy of the code is on file in the city clerk ' s office . Sec. 13 . 02 . 020 . Same--Amendment--Section 4. 109 105 . 9 . Article 4 of the fire code, adopted in section 13 . 02 . 010 , is amended by adding a new section thereto, which shall be designated as section 4 . IG9 105 . 9 and which shall read as follows : "Sec . 4 . 169 105 . 9 . Permit Fees . 2 The fire chief is authorized to prepare a schedule of fees applicable to fire permits and certificates hereafter issued, commensurate with the cost of administration and inspection involved in the processing, issuance and renewal of such permits and certificates . Any such schedule, when adopted by the city council by resolution, shall govern the amount of the fee for any permit or certificate, which shall be collected by the fire department as a condition to issuance or renewal . (a) Permits shall be valid for a twelve-month period and are renewable at the end of that time . (b) All schools and churches shall be exempt from the fee requirements of this chapter, however, required permits shall be issued only after inspections are performed and compliance is obtained. (c) Failure to pay for either an original permit or the required renewal within thirty (30) days of the notice date shall constitute a violation of this code . 3 Sec . 13 . 02 . 030 . Same--Same--Sections 09 2 . 5 . There is hereby added to the fire code, adopted in section 13 . 02 . 010 , a new section to be designated as section !G . 2!Q 902 . 5 Fire Lanes, to read as follows : "Sec . -je . 2a:,9 902 . 5 . Fire Lanes . (a) Definitions . The following definitions shall apply in the interpretation and enforcement of this section: 1 . Fire lane: That area within any public right-of- way, easement, or private property designated provided, and maintained in accordance with this section for the purpose of permitting fire apparatus and other firefighting or emergency equipment to use, travel upon or park. 2 . Park, parking, stop, stand or standing: Means the halting of any vehicle, other than an emergency vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or fire official , traffic control sign or signal . 4 3 . Vehicle: A machine propelled by power other than human power designed to travel along the ground or rail by use of wheels, treads, runners or slides and transport persons or property, or pull machinery, and shall include, but not be limited to, automobile, truck, trailer, motorcycle, tractor, buggy, wagon and locomotive . (b) Requirements/standards . when required by the fire department, fire lanes shall be provided and maintained around facilities which by their size, location, design, or contents warrant access which exceed that normally provided by the proximity of city streets . Such fire lanes shall conform to the following: 1 . Lanes shall conform to the requirements in section G-29:� 902 . 5 . 2 . vertical curbs shall be identified by a bright yellow six-inch wide stripe on the top and side extending the length of the designated fire lane . Minimum three-inch red lettering, which shall read "No Parking - Fire Lane, " shall be placed every thirty (30) feet or portion thereof on the top and sides of the curb . 5 3 . Rolled curbs or lanes without curbs shall be identified by a bright yellow six-inch wide stripe on the curb or pavement extending the length of the designated fire lane . Minimum three-inch red lettering, which shall read "No Parking - Fire Lane, " shall be placed every thirty (30) feet or portion thereof on the top of the rolled curb or pavement . 4 . Fire lane signs shall be installed per the following information: signs shall be metal, reflective in nature with red letters on a white background. Signs shall state "No Parking - Fire Lane . " Signs shall be posted on or immediately next to the curbline or on the building. When posts are required, they shall be a minimum of two-inch galvanized steel or 4 " x 4" pressure- treated wood. Signs shall be readily readable from at least a fifty-foot distance . Signs shall be posted no further than fifty (50) feet apart, nor shall they be more than nine (9) feet or less than seven (7) feet from the ground. Signs shall be placed so that they face the direction of vehicular travel . 6 5 . Where fire lanes connect to city streets or parking lots, adequate clearances and turning radii shall be provided. All proposed plans shall have fire department approval . (c) Fire lane as part of driveways and/or parking areas . The fire department may require that areas specified for use as driveways or private thoroughfares shall not be used for parking. These areas when specified, shall be marked or identified by the two (2) means detailed in section (b) 2 . (d) Existing buildings . When the fire department determines that a hazard due to inaccessibility of fire apparatus exists around existing buildings, they may require fire lanes to be constructed and maintained as detailed in subsections (b) and (d) . (e) Impound of illegally parked vehicles . In addition to the penalties provided for in subsection (f) , any vehicle improperly parked in violation of any of the provisions of this section shall be subject to impound; provided, however, that other than in the event of an emergency, no such vehicle shall be impounded unless the area where the improper parking occurs shall be 7 adequately and suitably posted with signs advising that improperly parked vehicles are subject to impound. (f) Property owner responsibility. Fire lane markings shall be maintained at the expense of the property owners as often as needed to clearly identify the designated area as being a fire lane . The owner, manager, or person in charge of any property upon which designated fire lanes have been established, shall prevent the parking of vehicles or placement of other obstructions in such fire lanes . " Sec. 13 . 02 . 040 . Same--Same--Section 1G .-306 1003 . Section f T,..t: e e !G 1003 of the fire code adopted in section 13 . 02 . 010 is amended to read as follows : "Sec . 3:9 . S97 1003 . 1 . Automatic fire extinguishing system. (a) General . An automatic fire-extinguishing system shall be installed in the occupancies and locations as set forth in this section. 1 . when additions, alterations or repairs cause a building to come within the requirements of this article, the building shall comply with those 8 sections; provided, however, that when a church building is increased in size, the sanctuary, and only the sanctuary, may be exempt from the provisions of this section if : a . A heat and smoke detector system is installed with a twenty-four-hour supervised central , proprietary or remote station . The system and supervising station agency shall be approved by the chief, and b. The sanctuary for purposes of this section shall mean only that portion of the church used for worship services, and shall not include multipurpose rooms or facilities, or rooms or facilities accessory to the sanctuary. Prior to approval by the fire department, all automatic sprinkler systems designed with fifty (50) or more heads, excluding those designed for single-family and multifamily dwellings, shall be submitted to and reviewed by an approved agency for compliance with the current adopted fire codes . Approved agencies include, but are not limited to, Washington Survey and Rating Bureau, 9 Factory Mutual , Industrial Risk Insurers, or other such agencies as approved by the chief . For provisions on special hazards and hazardous materials , see section19 . SGI 1001 . 5 and Articles 45 , 48 , 49 and 80 . 2 . Notwithstanding any other requirements of this section, this code, or any other code or ordinance to the contrary, any building containing more than twelve thousand (12 , 000) square feet of floor area shall be equipped with an approved automatic sprinkler system. Area separation walls, as noted in section SGS (e) 504 . 6 of the Uniform Building Code, shall not be considered to separate a building to enable deletion of the required sprinkler system. (b) All occupancies except group R, division 3 and group A4U. Except for group R, division 3 and group ?4U occupancies, an automatic sprinkler system shall be installed: 1 . In every story or basement of all buildings when the floor area exceeds one thousand five hundred (1, 500) square feet and there is not provided at 10 least twenty (20) square feet of opening entirely above the adjoining ground level in each fifty (50) lineal feet or fraction thereof of exterior wall in the story or basement on at least one (1) side of the building. Openings shall have a minimum dimension of not less than thirty (30) inches . Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior_ When openings in a story are provided on only one (1) side and the opposite wall of such story is more than seventy-five (75) feet from such openings, the story shall be provided with an approved automatic sprinkler system, or openings as specified above shall be provided on at least two (2) sides of an exterior wall of the story. If any portion of a basement is located more than seventy-five (75) feet from openings required in this section, the basement shall be provided with an approved automatic sprinkler system. 2 . At the top of rubbish and linen chutes and in their terminal rooms . Chutes extending through 11 three or more floors shall have additional sprinkler heads installed within such chutes at alternate floors . Sprinkler heads shall be accessible for servicing. 3 . In rooms where nitrate film is stored or handled. 4 . In protected combustible fiber storage vaults as defined in this code . (c) Group A occupancies . 1 . Drinking establishments . An automatic sprinkler system shall be installed in rooms used by the occupants for the consumption of alcoholic beverages and unseparated accessory uses where the total area of such unseparated rooms and assembly uses exceeds five thousand (5 , 000) square feet . For uses to be considered as separated, the separation shall be not less than as required for a one-hour occupancy separation. The area of other uses shall be included unless separated by at least a one hour occupancy separation. 2 . Basements . An automatic sprinkler system shall be installed in basements classified as a group A 12 occupancy when the basement is larger than one thousand five hundred (1 , 500) square feet in floor area . 3 . Exhibition and display rooms . An automatic sprinkler system shall be installed in group A occupancies which have more than twelve thousand (12 , 000) square feet of floor area which can be used for exhibition or display purposes . 4 . Stairs . An automatic sprinkler system shall be installed in enclosed usable space below or over a stairway in group A, divisions 2 , 2 . 1 , 3 and 4 occupancies . 5 . Multitheater complexes . Every building containing a multitheater complex. 6 . Amusement buildings . An automatic sprinkler system shall be installed in all amusement buildings . The main water-flow switch shall be electrically supervised. The sprinkler main cutoff valve shall be supervised. When the amusement building is temporary, the sprinkler water-supply system may be of an approved temporary type . 13 EXCEPTION: An automatic sprinkler system need not be provided when the floor area of a temporary amusement building is less than one thousand (1, 000) square feet and the exit travel distance from any point is less than fifty (50) feet . 7 . Other areas . An automatic sprinkler system shall be installed under the roof and gridiron, in the tie and fly galleries and in all places behind the proscenium wall of stages ; over and within permanent platforms in excess of five hundred (500) square feet in area; and in dressing rooms, workshops and storerooms accessory to such stages or permanent platforms . EXCEPTIONS : 1 . Stages or platforms open to the auditorium room on three (3 ) or more sides . 2 . Altars , pulpits or similar platforms and their accessory rooms . 3 . Stage gridirons when side-wall sprinklers with one hundred thirty-five (135) degrees Fahrenheit rated head with heat-baffle plate- 14 are installed around the entire perimeter of the stage except for the proscenium openings at points not more than thirty (30) inches below the gridiron nor more than six (6) inches below the baffle plate . 4 . Under stage or under platform areas less than four (4) feet in clear height used exclusively for chair or table storage and lined on the inside with materials approved for one-hour fire-resistive construction. (d) Group Mn, a ' occupancies . An automatic sprinkler system shall be installed in retail sale-e reeffis elassed as group M^ a: "' occupancies where the floor area exceeds twelve thousand (12 , 000) square feet on any floor or twenty-four thousand (24 , 000) square feet on all floors or in group M , �' "' �' �� retail sales occupancies more than three (3) stories in height . The area of mezzanines shall be included in determining the areas where sprinklers are required. (e) Group E occupancies . 1 . Basements . An automatic sprinkler system shall be installed in basements classified as a group E 15 occupancy when the basement is larger than one thousand five hundred (1, 500) square feet in floor area . 2 . Stairs . An automatic sprinkler system shall be installed in enclosed usable space below or over a stairway in group E occupancies . (f) Group H occupancies . 1 . Division 1 . An automatic fire-extinguishing system shall be installed in group H, divisions 1, 2 , 3 and 7 occupancies . 2 . Division 4 . An automatic fire-extinguishing system shall be installed in group H, division 4 occupancies having a floor area of more than three thousand (3 , 000) square feet . 3 . Division 6 . An automatic fire-extinguishing system shall be installed throughout buildings containing group H, division 6 occupancies : The design of the sprinkler system shall be not less than that required under Uniform Building Code Standards, number 361 99=1 for the occupancy hazard classification as follows : 16 Location Occupancy hazard classification Fabrication areas Ordinary hazard group � 2 Service corridors Ordinary hazard group 3. 2 Storage rooms without Ordinary hazard group -�;- 2 dispensing Storage rooms with dispensing Extra hazard group 2 Exit corridors Ordinary hazard group 3 2* * When the design area of the sprinkler system consists of a corridor protected by one (1) row of sprinklers , the maximum number of sprinklers that. need be calculated is thirteen (13 ) . (g) Group I occupancies . An automatic sprinkler system shall be installed in group I occupancies . 17 EXCEPTIONS : In jails, prisons and reformatories , the piping system may be dry, provided a manually operated valve is installed at a continuously monitored location. Opening of the valve will cause the piping system to be charged. Sprinkler heads in such system shall be equipped with fusible elements or the system shall be designed as required for deluge systems in the Uniform Building Code Standards , number 38 1 9 1 . (h) Group R, division 1 occupancies . An automatic sprinkle- system shall be installed throughout every apartment house three (3) or more stories in height or containing sixteen (16) or more dwelling units, in congregate residences three (3 ) or more stories in height and having an occupant load of fifty (50) or more and in hotels three (3) or more stories in height or containing twenty (20) or more guest rooms . Residential or quick-response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building. " 18 Sec. 13 . 02 . 050 . Same--Same- -Appendices adopted. Appendices II-F and III-A of the fire code adopted in section 13 . 02 . 010 are hereby adopted. Sec . 13 . 02 . 060 . Same--Same- -Section 10 .207 902 .2 . There is hereby adopted, by reference , Section 902 . 2 through and including Section 902 . 2 . 4 . 1 of the 1994 edition of the Uniform Fire Code to be added as part of the fire code adopted in Section 13 . 02 . 010 . There-:s ne4tr4ed in the fire eeeie 3depteel in Beet ion fellew— and maintained in aeeerelanee with the prevtsiens --e-f t h 4 e a- (le) Wherered. Fire-apparatrss-aeeess reaels- shall �qe any ertien of an extearer wall e€ the- first stem-is 19 hundred r nn nmr nwlc+ _ when eenE14:�=iensprevent the ns-a! �:at=ene` an ti e E b- Y "K l + at —When- het7e awe ne- fRere than twe -(2)�ae - Y 1 i_ , net lee n ' le—�rte� € ear a s Elea:-awe—e�4the T i!-eq i±Tel' by seet�-anmayb a witen, the ese —e —fir la_ . 20 and may-na4neel te-suppert the 4-anpeeed leeele -ef fire apparatus and shall Igepre 4:ded wi-t- a-9ar€a-ee se as vrz crc xr. The RTin±itlt3fR tk neb9 trtkete—el w}elthtv a fire apparattis aeeess read shall 45e net less than twenty (2 ) €eel . ur pa_^ shall have andnel5etrtteteel ,ertieal elearanee- ef net lese-than -`arteen (4:3 )-ieet9�x (6) 4-nehes fnaiaba�ne6 ink eabing tie stab, : ..he vert4meal e aeeess read shall lee-as-appreve4 19 . the F re e . f 21 tinder thisit si.,l l be een......_...-,e ...e fRaintaineel in aeeei-Elanee with the isN F F ti t-a earry the .1-. N appa3f:atus . appreveel by the fire F 6betr=detien The requireel wielth _F F • _ s r rr^ eee ss read ahall net i5e eiDsbrcteted in any n'g parleing of yehiele6 P44mnifftuffi reefidired maw -a4:nea—at all- times . Sec . 13 . 02 . 070 . Same--Same--Sections deleted. Sections 103 4 2 103 . 4 . 3 , 103 . 4 . 4 and 103 . 4 . 6 2 . 29T;3 . 1?1, 3 . 1g 3 . 4 ^� of the fire code adopted in section 13 . 02 . 010 are hereby deleted from such fire code . 22 See . i3 92 989 term fire __de ..tand.._el_ adepted. stanelai-ds, !913! E44:t�en, as amendeel i5,y WAG ei:r—SR: ently enaeteel anel as afneneledfrefft tifae—te time . Gn L e€f tee . 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 23 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1995 . APPROVED day of 1995 . PUBLISHED day of =995 • 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 CLEF{ 24 Kent City Council Meeting Date July 5, 1995 Category Consent Calendar 1. SUBJECT: RIVERBEND GOLF COURSE PAVING PROJECT - ACCEPTANCE E CJJ ""I 2 . SUMMARY STATEMENT: Acce tance of the Riverbend Miniature Golf Course paving project as complete, and release of retainage to Hi-Grade Construction Asphalt, Inc. 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 REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3I Kent City Council Meeting Date July 5 , 1995 Category Consent Calendar 1. SUBJECT: RIVERBEND MINIATURE GOLF COURSE FENCING - ACCEPTANCE 2 . SUMMARY STATEMENT: Acceptanc of the Riverbend Miniature Golf Course fencing projec as complete, and release of retainage to All-Ways Fence Enterprises, Inc. upon receipt of state releases. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• .ACTION• Council Agenda Item No. 3J Kent City Council Meeting Date July 5, 1995 Category Consent Calendar 1. SUBJECT: RIVERBEND MINIATURE GOIF COURSE - ACCEPTANCE 2 . SUMMARY STATEMENT: Acceptance of the Riverbend Miniature Golf Course project as comp a e, and release of retainage to Harris Miniature Golf Courses, Inc. upon receipt of state releases. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: .ACTION• Council Agenda Item No. 3K Kent City Council Meeting Date July 5 . 1995 Category Consent Calendar 1. SUBJECT: WEST FENWICK LIGHTING PROJECT - ACCEPTANCE �— ,a ` l 2 . SUMMARY STATEMENT: lAcceptanc of the West Fenwick Lighting project as complete, and re ease 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 ✓ YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: .ACTION• Council Agenda Item No. 3L ............ Kent City Council Meeting Date July 5 . 1995 Category Consent Calendar 1. SUBJECT: LID 330 SEGFEGATION - RESOLUTION 0 2 . SU As recommended b the Public Wo ommitte adoptio of Resolution No. authorizingthe segregation o ssessment #6 in LID 330, The property is being divided into 11 parcels, thereby each one paying its equal share of the assessmentst. 3 . EXHIBITS: Public Works Director memo, Public Works Committee minutes, vicinity map and resolution 4 . RECOMMENDED BY: Public Works Committee (3-0) (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. 3M DEPARTMENT OF PUBLIC WORKS JUNE 26, 1995 TO: Public Works Comm' tee FROM: Don Wickstrom RE: L.I.D. 330 Segregation - Assessment #6 The Public Works Department has received a request from Dan Ivanoff of Birtcher Frank Properties to segregate Assessment #6 in LID 330 (64th Avenue Street Improvements from James Street to S. 212th Street). This property is being divided into 11 parcels to accommodate new building sites. Each one, therefore, will be paying its equal share of the assessment. ACTION: Recommend Council adopt Resolution # for the segregation of Assessment #6 into 11 parcels in LID 330. OBRICN u F �ELEM ENTAPA' _ ST ��1�� --� SCHOOL. dRIEr. � {Iiti N / r > s, ST. � 1 lr a t1 n. I I la o ' N _ ` S. 220TH ST t I `` ` > > o SUo Srelmn I I, ldlll 1112 jl 15 14 j S 226 TH AVE. 14 13 t �I N 1il W to C w S227TH oL W —R N Q F < W 2 I ' D ' q LID 330 �' PROJECT LOCATION f 216� O �F—e< 1978 POP _ _ I z 167 1983 POP 1990 POS. 234 P, F { w 3T i N •T K n •` NEELY- 1 1 W OBRIEN y J n ELM ` W < < 1O non. •T co" ST 1 3 J Z O<a CLOVOT $1 n h CREEN RIVER rFso 3 2asTN, a '� - i w LOU IT S .............. 9<YO W ry ?z < 2 s 2 z 114 JANES I ST Id ! 13 r z s 23 Ci 2 q AMES 23: 24 ! � •.:I..,nl.l.>., KENT • \'n„_ _ SAM NT f rOMMONS� III ."SVI.I. _ I > PARK c lu1tU < < travel = MI IW AI'KF € H qC nJ lam_ J W SMITN 3T5 Z IW SMITH ST .. NARRI ST �'W r - Z O I I Z T � NARRISON 3T wal.�i IIZ = < S 2g6TH ST Z MEEKER ST 2 4 i qICI2 y�IILL13 wi'STREET 5i I= u KENTINTCHC •• a A ELFIq N1 tEt = w nTv ST_ E 516 7 > W w + SAAR Colony Park ; q S q GOI,Course WIW ^. 31 • walking to the East Hill Elementary School. Wickstrom again went over the requirements of a plat being developed in their neighborhood. In response to a question from the audience regarding the criteria for road improvements, Wickstrom said a developer needs to widen the south half of the road in order to handle a lane of traffic. Regarding S. 244th St. -Wickstrom said that S. 244th is a condition of the plat. The developer needs to complete those conditions in order to build. Right now it is being improved to the east boundary line of Canterbury. He will have to construct transitions on the south side of his north piece so that the traffic will flow thru there without causing safety issues. Ed White stated we really don't have many options available for future roads in the area. If we cut people off, we would be committed to impacting roadways that are not designed for that type of traffic. There would be a limitation on emergency vehicle response as well as severely curtailing the development potential on the property. Tim Clark asked if there was a way to design S. 244th so it can provide access without ever requiring 100th Ave to be extended. Wickstrom stated that designing it is not the problem; the issue is how it fits into the overall traffic grid for the city. Everything to the south has been developed to fit that - all the improvements down to 248th have been built and were predicated upon that extension thru there. Mann asked if something could be done regarding, what he feels is a mis-communication issue between the public and city response to questions. Wickstrom stated that when we are dealing with employees who are apt to change positions and without the same employee, they may not have gathered the full knowledge of what's happening. However, now we do have a Comprehensive Plan under the Growth Management which does identify the major arterials. Clark asked about a "check off system". Mann asked if there was a way thru the city's computer network where the information could accessed. Wickstrom stated that we are not yet that sophisticated with our computer network system and to do so will take considerable manpower. Committee requested that the 100th Ave extension item be brought back to the July 10th Committee meeting for further discussion . —� LID 330 SEGREGATION ASSESSMENT #6 Wickstrom explained that this property is in Van Doren's Landing and we need to adjust the boundary to segregate the properties. .w Committee unanimously recommended adoption of Resolution # for the segregation of Assessment #6 in LID 330. METRICOM INC. Brubaker explained that this system works on an FCC unlicensed frequency and it creates a grid network system which allows portable computers to communicate with each other without using a telephone line. Brubaker asked the Committee for authorization to enter into a franchise agreement with a nominal one time fee; probably no franchise fee after that; a franchise for a term of 5 years renewable for an additional 5 years. Metricom's representative stated that they are offering a reduced rate for city access to the cities where they have facilities in place. Committee unanimously recommended that the Metricom Inc Franchise Ordinance be presented for a first reading at the next Council meeting. Meeting adjourned: 5:30 p.m. 4 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, directing the Finance Director to segregate assessment number 6 levied under L.I.D. 330. WHEREAS, on May 15, 1990, the City established assessment number 6 of Local Improvement District 330 ("LID 330") in the amount of$869,339.42; WHEREAS, Birtcher Frank Properties, the owner of record of the property affected by assessment number 6, previously requested and obtained segregations of portions of the property subject to assessment number 6, creating thereby a revised assessment number 6 together with new assessment numbers 6-1 through 6-10; and WHEREAS, Birtcher Frank Properties has requested segregation of an additional parcel from the property originally subject to assessment number 6, which shall be designated assessment number 6-11, and which property is described in the LID segregation application certificate filed by Birtcher Frank Properties, attached hereto as Exhibit A; and WHEREAS, the application is in all respects proper; NOW, THEREFORE 1 THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The original tract of assessment number 6 of LID 330, which is legally described in the LID segregation application certificate filed by Birtcher Frank Properties, attached hereto as Exhibit A and incorporated herein by this reference (indicated as "Exhibit A" on the application certificate), shall have one parcel segregated from the original assessment tract, in accordance with the application of Birtcher Frank Properties. Section 2. The legal description of the segregated parcel is described in the attached LID segregation application certificates filed by Birtcher Frank Properties (indicated as "Exhibit B" on the application certificate). Section 3. The legal description of the remainder of the original tract of assessment number 6 is described in the attached LID segregation application certificates filed by Birtcher Frank Properties (indicated as "Exhibit C" on the application certificate). Section 4. The new assessment amount for the newly segregated tract that will be subject to assessment 6-11 shall be $56,494.57; the new assessment amount for the remainder of the property originally subject to assessment number 6 shall be equal to the amount remaining due under the original assessment number 6 less the assessment amounts now attributed to the tracts subject to the newly and previously formed assessment numbers 6-1 through 6-11. Section 5. The City Clerk shall deliver a certified copy of this resolution to the Finance Director who shall proceed with the segregation upon being tendered a fee of ten dollars for each tract of land for which segregation is to be made together with payment to the City for its reasonable engineering and clerical costs, as determined by the City's Public Works Department, that were incurred in making this segregation. 2 Section 6. The Finance Director is hereby authorized and directed to segregate assessment number 6 of LID 330 according to the terms stated herein. Passed at a regular meeting of the City Council of the city of Kent, Washington this _ day of , 1994. Concurred in by the Mayor of the City of Kent, Washington, this_ day of 1994. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 3 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 , 1994. (SEAL) BRENDA JACOBER, CITY CLERK SEGASS#7330 4 CITY OF KENT L.I.D. SEGREGATION CERTIFICATE equeste y: r Da �.:L- _ ca mp. D strict No. DAN IVANOFF JUN 27 7995 ASSESSMENT No. Kent City Attorney AMEA/'DE0 Owner & Address ORIGINAL DESCRIPTION Original Amount $ 81,' TR NER HK PRoPE 9 Gam ✓E.S. REfER Tb EXNIf31T "A ,� A7TAGttEa KE1�1-T WA. 98a32 if more s ace needed attach description and refer to Exhibit "A" Owner & Address NEW DESCRIPTION New Assessment No. New Assessment Amt. 57 SAME REFEK To F-XHI/S/T "B„ ATTACHED NEW ASSESSMENT AMowVT IS = 5-(, � 44 S7 (SFE YV02le,5 H EE_T $20.00 Minimum Fee Received / /19 etpceipt� (if mores ace needed attach description and refer to Exhibit "B" Owner & Address REMAINDER DESCRIPTION Rem. Assessment. No. Rem. Original Amt.$ SAME REFER 7b ENIIB/T "C ' A?TAC,HEp if more space needed attach description and refer to Exhibit "C"rs at per hour = Copy forwarded to City Treasurer and Applicant this day of less $20.00 fee ' 19 Total Due Approved by Resolution 6 Total Paid— Receipt N The undersigned hereby accepts above terns and conditions and certifies to the correctness herein, (Signature must be same as on application) . SIGNED: 69�-- oft/i�CS i ,Ivwner and/oPfi dnrrna,ure A 6-11A Worksheet Portions of Lots 1 & 2, Block 3 LID 330 SEGREGATION WORKSHEET Assessment # Balance' 6 459,472.30 7 97,468.80 8 114,840.67 $671,781.77 [1] Segregations since last payment Net Usable Area (sf) Amount 6-3 155,590 42,882.18 7-2 139,977 38,579.08 7-3 58,967 16,251.90 7-4 128,400 35,388.34 6-4 94,402 26,018.15 6-5 94,944 26,1 67.53 6-6 87,770 24,190.30 6-7 187,556 51,692.33 6-8 59,463 16,388.60 6-9 61,386 16,918.60 6-1 0 400,852 110.47B.87 1,469,307 [3] 404,955.88 [2] $266,825.89 >Outstanding >balance [1]-[2] VDL Net Usable Area (sf)> 2,437,435 .Less [3] 1,469,307 968,128 [4] Outstanding balance/[4]> 0.275610136 [5] 6-11 Net Usable area (sf)> 204,980 [6] 6-11 Assessment [5) x [6]> $56,494.57 Page 1 EXHIBIT "A" LID 330 - Assessment Parcel #6 (amended) THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14,TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M. IN KING COUNTY,WASHINGTON,LYING SOUTH OF THE CENTERLINE OF SOUTH 228TH STREET(TAYLOR ROAD) AS DESCRIBED WITHIN DEED RECORDED UNDER KING COUNTY AUDITOR'S FILE NUMBER 8112180808. AND,THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M., IN KING COUNTY,WASHINGTON, AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER(SE 1/4 NE 1/4)OF SECTION 14,TOWNSHIP 22 NORTH, RANGE 4 EAST,WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON,LYING SOUTH OF THE SOUTH LINE OF SOUTH 228TH STREET(TAYLOR ROAD); EXCEPT THE NORTH 229 FEET OF THE EAST 224 FEET OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF SAID SECTION 14; EXCEPT THE EAST 30 FEET OF THE TOTAL TRACT DESCRIBED ABOVE CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO.602278; EXCEPT THAT PORTION THEREOF CONDEMNED FOR DRAINAGE DITCH RIGHT-OF-WAY IN KING COUNTY SUPERIOR COURT CAUSE NO.32912; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY DRAINAGE DISTRICT NO. 1 BY DEED RECORDED UNDER RECORDING NO.4806961; EXCEPT THAT PORTION CONVEYED TO STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO.6515085; EXCEPT THAT PORTION OF.SAID TRACT CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 8808260233, 9005080831. 9005080832, RECORDS OF KING COUNTY,WASHINGTON: AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: A PORTION OF LOT 4, BLOCK 1,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES71 THROUGH 75, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4,THENCE SOUTH 00°51'56` WEST 164.98 FEET ALONG THE WEST LINE THEREOF TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89007*36" EAST 334.21 FEET; THENCE SOUTH 00051'56"WEST 270.02 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 89007'36"WEST 284.22 FEET ALONG SAID SOUTH LINE TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50.00 FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY 78.53 FEET ALONG SAID CURVE AND SOUTH LINE THROUGH A CENTRAL ANGLE OF 89059'32"TO SAID WEST LINE OF LOT 4; THENCE NORTH 00051'56" EAST 220.03 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING. ALSO, LOT 5, BLOCK 1,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY, WASHINGTON, EXCEPT THAT PORTION OF SAID LOT 5 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5,THENCE NORTH 89007'36"WEST 186.49 FEET ALONG THE SOUTH LINE THEREOF; THENCE NORTH 00052'24"EAST 39.80 FEET; THENCE SOUTH 89007'36" EAST 186.49 FEET TO THE EAST LINE OF SAID LOT 5; THENCE SOUTH 00052'24"WEST 39.80 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. ALSO,THAT PORTION OF LOT 4, BLOCK 1,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4,THENCE SOUTH 00051'56"WEST 164.98 FEET ALONG THE WEST LINE THEREOF; THENCE SOUTH 89007'36"EAST 334.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°51'56"WEST 270.02 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 89007'36" EAST 20.78 FEET ALONG SAID SOUTH LINE TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 380.00 FEET; THENCE EASTERLY 126.01 FEET ALONG SAID CURVE AND SOUTH LINE THROUGH A CENTRAL ANGLE OF 19000'00"TO THE EAST LINE OF SAID LOT 4; THENCE ALONG SAID EAST LINE THE FOLLOWING THREE COURSES: THENCE NORTH 1905224"EAST 93.88 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 300.44 FEET; THENCE NORTHERLY 99.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°00'00"; THENCE NORTH 00052'24" EAST 97.87 FEET TO THE SOUTH LINE OF LOT 1 IN SAID BLOCK 1; THENCE NORTH 87015'04"WEST 191.57 FEET TO THE TRUE POINT OF BEGINNING; ALSO,THAT PORTION OF LOT 6,SAID BLOCK 1 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 6,THENCE NORTH 89007'36"WEST 186.49 FEET ALONG THE NORTH LINE THEREOF TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00052'24" EAST 84.18 FEET TO THE NORTHEASTERLY PROLONGATION OF A LINE RADIAL TO THE WESTERLY LINE OF SAID LOT 6 WHICH BEARS NORTH 71006'52" EAST; THENCE SOUTH 71°O6'52"WEST 92.00 FEET ALONG SAID PROLONGATION TO SAID WESTERLY LINE AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 380.00 FEET; THENCE NORTHWESTERLY 133.58 FEET ALONG SAID CURVE AND WESTERLY LINE TO THE NORTH LINE OF SAID LOT 6; THENCE SOUTH 89007*36"EAST 152.69 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING; ALSO THOSE PORTIONS OF LOTS 3 AND 4, BLOCK 1, VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4,THENCE SOUTH 00051'56"WEST 164.98 FEET ALONG THE WEST LINE THEREOF;THENCE SOUTH 8900736"EAST 334.21 FEET; THENCE NORTH 00052'24" EAST 229.99 FEET; THENCE NORTH 89007'36'WEST 334.24 FEET TO THE WEST LINE OF SAID LOT 3; THENCE SOUTH 00051'56"WEST 65.01 FEET ALONG LAST SAID WEST LINE TO THE POINT OF BEGINNING. ALSO, LOT K OF CITY OF KENT LOT LINE ADJUSTMENT NO.93-8, RECORDED UNDER KING COUNTY RECORDING NO.9408171008, KING COUNTY,WA. ALSO,THOSE PORTIONS OF LOTS 1,2,3,4,AND 5 BLOCK 2, VAN DOREN'S LANDING, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75 INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 4 IN SAID BLOCK 2 AND THE EAST MARGIN OF 64TH AVENUE SOUTH,AS SAID AVENUE IS SHOWN AND SO DESIGNATED ON SAID PLAT;THENCE NORTH 000 52'24"EAST 559.00 FEET ALONG SAID EAST MARGIN; THENCE SOUTH 890 07'36"EAST 368.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 00°52'24"WEST 435.26 FEET;THENCE SOUTH 890 OT 36" EAST 100.00 FEET; THENCE SOUTH 000 52'24"WEST 331.12 FEET TO THE NORTHERLY LINE OF DRAINAGE DISTRICT RIGHT-OF-WAY CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO.32912; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING THREE COURSES: THENCE NORTH 360 12' 57" EAST 164.62 FEET;THENCE SOUTH 890 02'03" EAST 323.72 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1;THENCE CONTINUING SOUTH 89°02'03"EAST 33.79 FEET;THENCE NORTH 00°52'24" EAST 259.59 FEET;THENCE SOUTH 89°07'36" EAST 35.00 FEET;THENCE NORTH 000 52'24"EAST 26.47 FEET;THENCE NORTH 140 03' 18" EAST 55.00 FEET ALONG A RADIAL LINE TO THE SOUTHWESTERLY MARGIN OF LANDING WAY AS SAID WAY IS SHOWN AND SO DESIGNATED ON SAID PLAT AND THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 380.00 FEET;THENCE NORTHWESTERLY AND NORTHERLY 442.07 FEET ALONG SAID CURVE AND SOUTHWESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 660 39' 17"TO A RADIAL LINE OF SAID CURVE WHICH BEARS SOUTH 80°42'35"WEST;THENCE SOUTH 800 42'35"WEST 56.00 FEET ALONG SAID RADIAL LINE;THENCE NORTH 890 07'36"WEST 257.77 FEET TO THE TRUE POINT OF BEGINNING; ALSO,THOSE PORTIONS OF LOTS 3,4, 5 AND 6, BLOCK 2, VAN DOREN'S LANDING, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75 INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 IN SAID BLOCK 2 AND THE EAST MARGIN OF 64TH AVENUE SOUTH,AS SAID AVENUE IS SHOWN AND SO DESIGNATED ON SAID PLAT; THENCE NORTH 000 52'24" EAST 559.00 FEET ALONG SAID EAST MARGIN;THENCE SOUTH 890 07'36" EAST 368,00 FEET;THENCE SOUTH 00'52'24"WEST 435.26 FEET;THENCE SOUTH 890 07'36" EAST 100.00 FEET; THENCE SOUTH 000 52' 24"WEST 331.12 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 3; THENCE SOUTH 36' 12'57"WEST 151.38 FEET ALONG SAID SOUTHEASTERLY LINE TO THE SOUTH LINE OF SAID LOT 3;THENCE NORTH 890 02'03" WEST 372.78 FEET ALONG SAID SOUTH LINE TO SAID EAST MARGIN OF 64TH AVENUE SOUTH; THENCE NORTH 00°27' 19"WEST 330.36 FEET ALONG SAID EAST MARGIN TO THE POINT OF BEGINNING. ALSO, LOT I OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL-92-5 AS RECORDED UNDER KING COUNTY RECORDING NO.9204161373 AND RE-RECORDED UNDER KING COUNTY RECORDING NO. 9205201188. ALSO, LOT B. OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL 94-21 AS RECORDED UNDER KING COUNTY RECORDING NO.9408171007, LYING WITHIN THE SOUTHEAST QUARTER OF SECTION 14,TOWNSHIP 22 NORTH,RANGE 4 EAST,W.M. ALSO, LOT 7, BLOCK 1,OF THE PLAT OF VAN DOREN'S LANDING AS RECORDED IN VOLUME 158, PAGES 71 THROUGH 75. ALSO, LOT 8, BLOCK 1,VAN DOREN'S LANDING ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY, WASHINGTON. ALSO, LOT E OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL-92-5 AS RECORDED UNDER KING COUNTY RECORDING NO.9204161373 AND RE-RECORDED UNDER KING COUNTY RECORDING NO.9205201188,WASHINGTON. ALSO, LOT F OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL-92-5 AS RECORDED UNDER KING COUNTY RECORDING NO.9204161373 AND RE-RECORDED UNDER KING COUNTY RECORDING NO.9205201188,WASHINGTON. ALSO,THOSE PORTIONS OF LOTS 2,3 AND 4, BLOCK 3,AND LOTS 1 AND 2, BLOCK 4,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON,AND OF LANDING WAY ABUTTING THEREON,VACATED BY CITY OF KENT ORDINANCE NO.3201, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 3,THENCE SOUTH 89004'24" EAST 590.81 FEET ALONG THE SOUTH LINE THEREOF; THENCE PARALLEL WITH THE EAST LINE OF SAID BLOCK 3, NORTH 00051'56" EAST 829.38 FEET; THENCE NORTH 27006'48"WEST 53.00 FEET TO THE SOUTHEASTERLY MARGIN OF SOUTH 228TH STREET; THENCE SOUTH 62053'12"WEST 640.71 FEET ALONG SAID SOUTHEASTERLY MARGIN TO THE WEST LINE OF SAID BLOCK 3; THENCE SOUTH 00052'39"WEST 574.97 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. EXHIBIT "B" LID 330 - Proposed Assessment Parcel 46-11 THOSE PORTIONS OF LOTS 1 AND 2, BLOCK 3, VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON,AND OF LANDING WAY ABUTTING THEREON,VACATED BY CITY OF KENT ORDINANCE NO.3201, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 3,THENCE SOUTH 890 04'24" EAST 590.81 FEET ALONG THE SOUTH LINE THEREOF TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE EAST LINE OF SAID BLOCK 3, NORTH 00051'56" EAST 401.21 FEET; THENCE SOUTH 89008'04"EAST 586.21 FEET TO THE NORTHERLY PROLONGATION OF THE EAST LINE OF SAID LOT 1; THENCE SOUTH 00°51'56"WEST 401.84 FEET ALONG SAID PROLONGATION AND EAST LINE TO SAID SOUTH LINE OF BLOCK 3; THENCE NORTH 89004'24"WEST 586.21 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING. THE PARCEL DESCRIBED ABOVE CONTAINS 235,379 SQUARE FEET(5.40 ACRES), MORE OR LESS. The parcel described above contains a net usable area of 204,980 square feet (4.71 acres)more of less. SITUATE IN THE CITY OF KENT, KING COUNTY,WASHINGTON. BIRTCHER FRANK VAN DOREN'S LANDING WILLIAM A. HICKOX, P.L.S. BRH JOB NO.95062.05 APRIL 21, 1995 EXHIBIT vice$ LID 330 Remainder Description - Assessment Parcel #6 THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14,TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M. IN KING COUNTY,WASHINGTON, LYING SOUTH OF THE CENTERLINE OF SOUTH 228TH STREET(TAYLOR ROAD)AS DESCRIBED WITHIN DEED RECORDED UNDER KING COUNTY AUDITOR'S FILE NUMBER 8112180808. AND,THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M., IN KING COUNTY,WASHINGTON, AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER(SE 1/4 NE 1/4)OF SECTION 14,TOWNSHIP 22 NORTH, RANGE 4 EAST,WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON, LYING SOUTH OF THE SOUTH LINE OF SOUTH 228TH STREET(TAYLOR ROAD); EXCEPT THE NORTH 229 FEET OF THE EAST 224 FEET OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF SAID SECTION 14; EXCEPT THE EAST 30 FEET OF THE TOTAL TRACT DESCRIBED ABOVE CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO.602278; EXCEPT THAT PORTION THEREOF CONDEMNED FOR DRAINAGE DITCH RIGHT-OF-WAY IN KING COUNTY SUPERIOR COURT CAUSE NO.32912; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY DRAINAGE DISTRICT NO. 1 BY DEED RECORDED UNDER RECORDING NO.4806961; EXCEPT THAT PORTION CONVEYED TO STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 6515085; EXCEPT THAT PORTION OF SAID TRACT CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 8808260233, 9005080831, 9005080832, RECORDS OF KING COUNTY,WASHINGTON: AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: A PORTION OF LOT 4, BLOCK 1,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4,THENCE SOUTH 00051'56" WEST 164.98 FEET ALONG THE WEST LINE THEREOF TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89007'36" EAST 334.21 FEET; THENCE SOUTH 00051'56"WEST 270.02 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 89007'36"WEST 284.22 FEET ALONG SAID SOUTH LINE TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50.00 FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY 78.53 FEET ALONG SAID CURVE AND SOUTH LINE THROUGH A CENTRAL ANGLE OF 89059'32"TO SAID WEST LINE OF LOT 4; THENCE NORTH 00051'56"EAST 220.03 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING. ALSO, LOT 5, BLOCK 1,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY, WASHINGTON, EXCEPT THAT PORTION OF SAID LOT 5 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5,THENCE NORTH 89007'36"WEST 186.49 FEET ALONG THE SOUTH LINE THEREOF; THENCE NORTH 00052'24"EAST 39.80 FEET; THENCE SOUTH 89007'36" EAST 186.49 FEET TO THE EAST LINE OF SAID LOT 5; THENCE SOUTH 00052'24"WEST 39.80 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. ALSO,THAT PORTION OF LOT 4,BLOCK 1,VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4,THENCE SOUTH 00`51'56"WEST 164.98 FEET ALONG THE WEST LINE THEREOF; THENCE SOUTH 89007'36"EAST 334.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00051'56"WEST 270.02 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 89007*36"EAST 20.78 FEET ALONG SAID SOUTH LINE TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 380.00 FEET; THENCE EASTERLY 126.01 FEET ALONG SAID CURVE AND SOUTH LINE THROUGH A CENTRAL ANGLE OF 19000'00"TO THE EAST LINE OF SAID LOT 4; THENCE ALONG SAID EAST LINE THE FOLLOWING THREE COURSES: THENCE NORTH 19052'24"EAST 93.88 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 300.44 FEET; THENCE NORTHERLY 99.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°00'00"; THENCE NORTH 00052'24" EAST 97.87 FEET TO THE SOUTH LINE OF LOT 1 IN SAID BLOCK 1; THENCE NORTH 87015'04"WEST 191.57 FEET TO THE TRUE POINT OF BEGINNING; ALSO,THAT PORTION OF LOT 6,SAID BLOCK 1 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 6,THENCE NORTH 89007'36"WEST 186.49 FEET ALONG THE NORTH LINE THEREOF TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00052'24" EAST 84.18 FEET TO THE NORTHEASTERLY PROLONGATION OF A LINE RADIAL TO THE WESTERLY LINE OF SAID LOT 6 WHICH BEARS NORTH 71006'52"EAST; THENCE SOUTH 71006'52"WEST 92.00 FEET ALONG SAID PROLONGATION TO SAID WESTERLY LINE AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 380.00 FEET; THENCE NORTHWESTERLY 133.58 FEET ALONG SAID CURVE AND WESTERLY LINE TO THE NORTH LINE OF SAID LOT 6; THENCE SOUTH 89007'36"EAST 152.69 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING; ALSO THOSE PORTIONS OF LOTS 3 AND 4, BLOCK 1, VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4,THENCE SOUTH 00°51'56"WEST 164.98 FEET ALONG THE WEST LINE THEREOF;THENCE SOUTH 89007'36"EAST 334.21 FEET; THENCE NORTH 00052'24" EAST 229.99 FEET; THENCE NORTH 89007'36"WEST 334.24 FEET TO THE WEST LINE OF SAID LOT 3; THENCE SOUTH 00051'56"WEST 65.01 FEET ALONG LAST SAID WEST LINE TO THE POINT OF BEGINNING. ALSO, LOT K OF CITY OF KENT LOT LINE ADJUSTMENT NO.93-8, RECORDED UNDER KING COUNTY RECORDING NO.9408171008, KING COUNTY,WA. ALSO,THOSE PORTIONS OF LOTS 1,2,3,4,AND 5 BLOCK 2,VAN DOREN'S LANDING, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75 INCLUSIVE, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 4 IN SAID BLOCK 2 AND THE EAST MARGIN OF 64TH AVENUE SOUTH,AS SAID AVENUE IS SHOWN AND SO DESIGNATED ON SAID PLAT;THENCE NORTH 000 52'24"EAST 559.00 FEET ALONG SAID EAST MARGIN; THENCE SOUTH 890 OT 36" EAST 368.00 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 00°52'24"WEST 435.26 FEET;THENCE SOUTH 89° 07 36" EAST 100.00 FEET; THENCE SOUTH 000 52'24"WEST 331.12 FEET TO THE NORTHERLY LINE OF DRAINAGE L DISTRICT RIGHT-OF-WAY CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO.32912; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING THREE COURSES: THENCE NORTH 360 12' 57" EAST 164.62 FEET;THENCE SOUTH 890 02'03" EAST 323.72 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1;THENCE CONTINUING SOUTH 890 02'03"EAST 33.79 FEET;THENCE NORTH 00'52'24" EAST 259.59 FEET;THENCE SOUTH 891 07'36" EAST 35.00 FEET;THENCE NORTH 000 52'24"EAST 26.47 FEET;THENCE NORTH 140 03' 18" EAST 55.00 FEET ALONG A RADIAL LINE TO THE SOUTHWESTERLY MARGIN OF LANDING WAY AS SAID WAY IS SHOWN AND SO DESIGNATED ON SAID PLAT AND THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 380.00 FEET;THENCE NORTHWESTERLY AND NORTHERLY 442.07 FEET ALONG SAID CURVE AND SOUTHWESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 660 39' 17"TO A RADIAL LINE OF SAID CURVE WHICH BEARS SOUTH 800 42'35"WEST;THENCE SOUTH 800 42'35"WEST 56.00 FEET ALONG SAID RADIAL LINE;THENCE NORTH 890 07'36"WEST 257.77 FEET TO THE TRUE POINT OF BEGINNING; ALSO,THOSE PORTIONS OF LOTS 3,4,5 AND 6, BLOCK 2, VAN DOREN'S LANDING, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75 INCLUSIVE, RECORDS OF KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 IN SAID BLOCK 2 AND THE EAST MARGIN OF 64TH AVENUE SOUTH, AS SAID AVENUE IS SHOWN AND SO DESIGNATED ON SAID PLAT; THENCE NORTH 000 52'24" EAST 559.00 FEET ALONG SAID EAST MARGIN;THENCE SOUTH 890 07'36" EAST 368.00 FEET;THENCE SOUTH 000 52' 24"WEST 435.26 FEET;THENCE SOUTH 890 07'36"EAST 100.00 FEET; THENCE SOUTH 000 52' 24"WEST 331.12 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 3; THENCE SOUTH 360 12'57"WEST 151.38 FEET ALONG SAID SOUTHEASTERLY LINE TO THE SOUTH LINE OF SAID LOT 3;THENCE NORTH 890 02'03" WEST 372.78 FEET ALONG SAID SOUTH LINE TO SAID EAST MARGIN OF 64TH AVENUE SOUTH; THENCE NORTH 000 27' 19"WEST 330.36 FEET ALONG SAID EAST MARGIN TO THE POINT OF BEGINNING. ALSO,LOT 1 OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL-92-5 AS RECORDED UNDER KING COUNTY RECORDING NO.9204161373 AND RE-RECORDED UNDER KING COUNTY RECORDING NO.9205201188. ALSO, LOT B,OF CITY OF KENT LOT LINE ADJUSTMENT NO.LL 94-21 AS RECORDED UNDER KING COUNTY RECORDING NO.9408171007, LYING WITHIN THE SOUTHEAST QUARTER OF SECTION 14,TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M. ALSO, LOT 7, BLOCK 1,OF THE PLAT OF VAN DOREN'S LANDING AS RECORDED IN VOLUME 158, PAGES 71 THROUGH 75. ALSO, LOT 8, BLOCK 1,VAN DOREN'S LANDING ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY, WASHINGTON. ALSO, LOT E OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL-92-5 AS RECORDED UNDER KING COUNTY RECORDING NO.9204161373 AND RE-RECORDED UNDER KING COUNTY RECORDING NO.9205201188,WASHINGTON. ALSO, LOT F OF CITY OF KENT LOT LINE ADJUSTMENT NO. LL-92-5 AS RECORDED UNDER KING COUNTY RECORDING NO.9204161373 AND RE-RECORDED UNDER KING COUNTY RECORDING NO.9205201188,WASHINGTON. ALSO,THOSE PORTIONS OF LOTS 2,3 AND 4, BLOCK 3,AND LOTS 1 AND 2, BLOCK 4, VAN DOREN'S LANDING,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75,RECORDS OF KING COUNTY,WASHINGTON,AND OF LANDING WAY ABUTTING THEREON,VACATED BY CITY OF KENT ORDINANCE NO.3201, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 3,THENCE SOUTH 89004'24"EAST 590.81 FEET ALONG THE SOUTH LINE THEREOF; THENCE PARALLEL WITH THE EAST LINE OF SAID BLOCK 3, NORTH 00051'56" EAST 829.38 FEET; THENCE NORTH 27006'48"WEST 53.00 FEET TO THE SOUTHEASTERLY MARGIN OF SOUTH 228TH STREET; THENCE SOUTH 62053'12"WEST 640.71 FEET ALONG SAID SOUTHEASTERLY MARGIN TO THE WEST LINE OF SAID BLOCK 3; THENCE SOUTH 00052'39"WEST 574.97 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. ALSO,THOSE PORTIONS OF LOTS 1 AND 2, BLOCK 3, VAN DOREN'S LANDING, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 158 OF PLATS, PAGES 71 THROUGH 75, RECORDS OF KING COUNTY,WASHINGTON,AND OF LANDING WAY ABUTTING THEREON, VACATED BY CITY OF KENT ORDINANCE NO.3201, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 3,THENCE SOUTH 89°04'24" EAST 590.81 FEET ALONG THE SOUTH LINE THEREOF TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE EAST LINE OF SAID BLOCK 3, NORTH 00051'56" EAST 401.21 FEET; THENCE SOUTH 89008'04"EAST 586.21 FEET TO THE NORTHERLY PROLONGATION OF THE EAST LINE OF SAID LOT 1; THENCE SOUTH 00051'56"WEST 401.84 FEET ALONG SAID PROLONGATION AND EAST LINE TO SAID SOUTH LINE OF BLOCK 3; THENCE NORTH 89004'24"WEST 586.21 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING. / 2yvP. h 4-2 A65 ' _ .9 59 6 O N 6g 5 �<r a ' a's ; ,w W 4-1 m �� OG Q �' Q w F co 4-5 LOT 3 4--4 PROPOSED LOT LINE S 89.08'04"E _ 586_21' — �J LOT 3 , LANDING Y (VAC.BY CITY ORD.NO.3. 20 , w nj m 1I1 8117 3-2 ��' 3-1 0 V Z, LOT 2 TP.OB. ! /LOT 2 590.81� �/,iC•— _ 586.21 S 89.04' 24"E �POINT OF COMMENCING, A.1(1c, LOTS 2& 3 1 w (0 LEGEND: cy�%' + PLATTED LOT LINE EXISTING LOT LINE PER LLA. 94-27 AREA : 24 3T 4 N LOT 2= 235.379 SO.FT.OR 5.40 AC. tit llS� LOT 3=193,833 SO.FT.OR 4.45 AC. mwu inn SCALE : 1" - 100' CITY OF KENT 14. z5�15 LOT LINE ADJUSTMENT PREPARED FOR : BIRTCHER FRANK PROPERTIES B.R.H. JOB NO. 95062.05 , DATE : 4/25/95 DRAWN BY:KJY , CHECKED BY :WAH BUSH,ROED&HITCHING&INC. CIVIL ENGINEERS 8 LAND SURVEYORS SEATTIE,WASNINGTON 323-4144 Kent City Council Meeting Date July 5 , 1995 Category Consent Calendar 1. SUBJECT: AMENDMENT PROCEDURES FOR KENT COMPREHENSIVE PLAN - ORDINANCE q 2 . =7en e Plannin tee Toption of Ordinance No. 3 relating to ent es for the Kent Comprehensive Plan The Growth Management Act requires that cities establish procedures for amending comprehensive plans, and stipulates that plans can only be amended once a year. This ordinance establishes procedures for amending the City' s recently adopted comprehensive plan, and establishes a timeline for annual amendments, standards of review, notification and fees. The Planning Committee discussed this item on April 18, May 16, and June 20, 1995 and is recommending approval of the ordinance with some additional sections added. 3 . EXHIBITS: Ordinance and Planning Committee minutes of April 18 , May 16, and June 20, 1995 4 . RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCALIPERSONNEL IMPACT: NO�_ YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3N ORDINANCE NO. AN ORDINANCE of the City Council of Kent, Washington, adding a new chapter of the Kent City Code establishing procedures for amendments to the City of Kent Comprehensive Plan. WHEREAS, in 1990 the Washington State Legislature adopted the Growth Management Act (GMA) , which requires jurisdictions throughout the State of Washington, including the City of Kent, to prepare and adopt comprehensive plans under the guidelines and policies set forth in the Act ; and WHEREAS, the Kent City Council adopted the City of Kent Comprehensive Plan on April 18 , 1995 ; and WHEREAS, the GMA states that each comprehensive land use plan shall be subject to continuing evaluation and review by the city upon adoption (RCW 36 . 70A. 130 (1) ) ; and WHEREAS, each jurisdiction is required under the GMA (RCW 36 . 70A. 130 (2) ) to establish procedures whereby proposed amendments or revisions of the comprehensive plan are considered by the City Council no more frequently than once a year; that all proposals shall be considered by the City Council concurrently so the cumulative effect of the various proposals can be ascertained; and that the City may adopt amendments or revisions to the comprehensive plan whenever .an emergency exists ; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DO HEREBY ORDAIN AS FOLLOWS : Section 1 . There is hereby added a new chapter, 12 . 02 , to the Kent City Code as follows : Sec. 12 . 02 . 010 . Amendments . - The City Council shall consider amendments to the Kent Comprehensive Plan no more than once each calendar year, except as provided in Section 12 . 02 . 035 . Sec . 12 . 02 . 020 . Concurrent review. In considering annual amendments to the comprehensive plan, City staff, the Planning Commission, and the City Council shall consider all proposed amendments concurrently so as to assess their cumulative impact . Sec. 12 . 02 . 030 . Time of filing. Annual amendments to the comprehensive plan shall be submitted to the Kent Planning Department by September 1 of each calendar year. Requests for amendments shall be submitted on forms prescribed by the Planning Department . Incomplete amendment applications will not be accepted for filing. Requests received each year after September 1 shall be considered in the following year' s comprehensive plan amendment process . Sec . 12 . 02 . 035 . Emergency amendments . The City Council may consider and adopt amendments or revisions to the comprehensive plan more than once a year if an emergency exists . An emergency is defined as an issue of community-wide significance that promotes the public health, safety, and general welfare . Emergency comprehensive plan amendments may be processed separately and in addition to the standard annual update . 2 Sec. 12 . 02 . 040 . SEPA review. After September 1 of each calendar year, the City' s Responsible Official shall review the cumulative anticipated environmental impact of the proposed comprehensive plan amendments, pursuant to the Washington State Environmental Policy Act (SEPA) . If the Responsible Official determines that a Draft Final or Supplemental Environmental Impact Statement (EIS) or other appropriate environmental review is warranted, applicants may be responsible for a full or proportionate share of the costs of preparing the EIS as determined by the Responsible Official . Sec . 12 . 02 . 050 . Standard of review. The Planning Department may recommend and the City Council may approve, approve with modifications or deny amendments to the comprehensive plan text or map designations based upon the following criteria : A. The amendment will not result in development that will adversely affect the public health, safety and general welfare; and B . The amendment is based upon new information that was not available at the time of adoption of the comprehensive plan, or that circumstances have changed since the adoption of the plan that warrant an amendment to the plan; and C. The amendment is consistent with other goals and policies of the comprehensive plan, and that the amendment will maintain concurrency between the land use, transportation, and capital facilities elements of the plan. Sec . 12 . 02 . 060 . Hearing procedures - notice requirements . The Planning Department shall prepare a report and recommendation on proposed plan amendments which shall be presented to the Planning Commission at a public hearing. For proposed text 3 amendments, notice of public hearing shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to said hearing. For plan map amendments, notice of public hearing shall be given both by publication in the local newspaper as prescribed above, and by notification of all property owners within two hundred (200) feet of the affected property. Affected property is defined as the parcels identified by the applicant , plus any additional parcels contiguous to the applicant' s property which the Planning Director determines should also be considered for a potential amendment . The Planning Director shall consider the following in deciding whether to expand the geographic scope of a proposed amendment : 1 . The effect of the proposed amendment on the surrounding area; 2 . The effect of the proposed amendment on the land u; and circulation pattern of the area; and 3 . The effect of the proposed amendment on the future development of the area. Following the public hearing by the Planning Commission, the Planning Department' s recommendation shall be forwarded to the City Council for action. Sec. 12 . 02 . 070 . City council action. Within sixty (60) days after receipt of the Planning Department recommendation, the City Council shall either affirm, deny, or modify or return the application to the Planning Department for further consideration. In the event the City Council modifies the recommendation, it shall make its own findings and set forth in writing the reasons for the action taken. 4 Sec . 12 . 02 . 080 . Standing. Comprehensive plan amendments may be initiated by the City Planning Department or other administrative staff of the City, private citizens, or the City Council . Sec . 12 . 02 . 090 . Fees. Application fees for comprehensive plan amendments shall be the same as the fee established for rezones . Sec. 12 . 02 . 100 . Appeals . Appeals from a decision of the Kent City Council shall be pursuant to Chapter 36 . 70A RCW. 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 5 APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY I hereby certify that this is a true copy of Ordinance No . I , passed by the City Council -of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (S EAR•) BRENDA JACOBER, CITY CLERK 6 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 18 , 1995 PAGE 3 Chair Orr recommended several comments or revisions to the January 13 , 1995 version : Policy TR-7 . 1 - Whenever practical accommodate pedestrian and bicycle traffic within all residential and development areas of the City. Policy TR-7 . 2 - Whenever practical using incentives or regulations to encourage new construction to promote pedestrian and bicycle movements to pathways, transit services and arterial . Policy TR-7 . 6 - Whenever practical , e provide safety and safe access for pedestrians and bicyclists to transit stops . Sign street intersections of streets with nonmotorized trails for both trail users and street users . Policy TR-7 . 7 - Whenever practical using incentives or regulatory means , encourage bicycle storage facilities with adequate lighting or residential development projects , park- and-rides, employment and industrial centers , schools , activity centers and retail areas . Policy TR-7 . 8 - Whenever practical using incentives_ or regulatory means , encourage employers to provide clothing change facilities . Policv TR-7 . 12 - Ensure that trail systems located in sensitive or conservation areas are compatible with the environment in which the trail is located as well as with the intended uses . Councilmember Johnson MOVED and Clark SECONDED a motion to adopt the amended changes discussed by the Committee at today' s meeting of the Nonmotorized Transportation Goals and Policies, which revised January 13 , 1995 version. Motion carried. AMENDMENT PROCEDURES FOR KENT COMPREHENSIVE PLAN - (K. O'Neill) Senior Planner Kevin O'Neill stated that the Growth Management Act requires jurisdictions to establish procedures for amending comprehensive plans . According to state law, comprehensive plans can only be amended once a year. The draft ordinance in the agenda packet establishes a time line and process for annual amendments, and also outlines fees for comprehensive plan amendment applications . Mr . O' Neill went over the draft ordinance by each section. He said the ordinance states that amendments shall be submitted to the Planning Department by September 1 of each calendar year. This date was proposed in order to fit plan amendments into the same time as the budget process and the Capital Facilities Plan. The City may also submit amendments to update the Comprehensive Plan on an emergency basis in addition to the annual amendment process . CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 18 , 1995 PAGE a _. Assistant Attorney Laurie Evezich stated she would like to add two sections to the ordinance . She apologized for not le-ting anyone know before the meeting about these changes . The first addition Laurie recommended was a Standard c= Review section. This would guide a reviewing body in considering whether or not a Comprehensive Plan amendment would be made . Without such a standard, the City would risk challenges that its decision making was arbitrary or capricious . This way the City will not be in jeopardy of having someone coming back later and saying that the City has acted arbitrarily or capriciously. She suggested that the Standard of Review section could contain language to the effect "that a proposed amendment still maintained the consistency and cogency of the Ccmprehensive Plan and all of its elements, that it was in furtherance of- the public health, safety, and welfare, and that it did not ha-.re a negative or unduly burdensome economic impact" etc . The second addition would be a Time of Review section so that once the September 1st threshold was met, that there was some certainty as to how soon the reviewing body would have to process this information and then make a decision afterwards . Specifically, she recommended that language be added that the City Council will receive a- application and will review it within "x" number of days , and they make a decision as to affirm, deny, or modify the application and spell this out up front so the person who is making the application has some sense of what the process and the time of that process will be . Chair Orr responded by saying this is probably something that should be included. She added it is important that the Council �-iow whether this is a 60-day process or 90-day process or whatever and that the people involved would need to know the time frame too . Mr. Harris recommended that perhaps the language could- state when the Planning Commission would receive all the amendments and not the City Council because the Planning Commission could spend fc-ar months on the amendments . The question was asked if action was needed today. Mr . Satterstrom clarified that this item is on the agenda for action so this can go to the City Council . Councilmember Johnson MOVED and Clark SECONDED a motion to adopt the Comprehensive Plan Amendment Procedures as outlined in the ordinance and at the next Planning Committee the Committee would review two new sections called Standard for Review and Time of =eview. Motion carried. mp :pco4l8 .min CITY OF L"L22 J1 CITY COUNCIL PLANNING COMMITTEE MINUTES May 16 , 1995 4 : 00 PM Committee Members Present City Attorney' s Office Leona Orr, Chair Laurie Evezich Jon Johnson Roger Lubovich Tim Clark Planning Staff Other Citv Staff Jim Harris Margaret Porter Other Guests Kevin O'Neill Fred Satterstrom Holly Nydegger Linda Phillips J. Steve Harer Marilyn Caretti Iris Stripling Janette Nuss Ralph Fitzthum AMENDMENT PROCEDURES FOR KENT COMPREHENSIVE PLAN - (K. O'Neill) Senior Planner Kevin O'Neill summarized the three added sections of the Amendment Procedures for the Kent Comprehensive Plan as requested at the last meeting. The three added sections were Standard of Review (12 . 02 . 050) , Hearing Procedures - notice recruirement 12 . 02 . 060 , and City Council action (12 . 02 . 070) . Kevin explained that Section 12 . 02 . 050 spells out three criteria which both staff and ultimately the Council would consider when looking at either text or map amendments relating to findings that the Council would make in terms of if the amendments are to be adopted. He stated that Section 12 . 02 . 060 relates to hearing procedures . There are different notice procedures whether there is a text amendment or a map amendment . If it is a map amendment, it would be advertised and noticed the same as a rezone . In regards to the last Section 12 . 02 . 070 , there was some discussion at the last meeting relating to needing a time frame within which the Council would make their determination or decision once they had received the information. This section provides a sixty (60) day time- line once the Council receives the recommendation (s) . Kevin also pointed out a very small change to Section 12 . 02 . 030 , Time of filing. This change clarifies that the Planning Department has the responsibility of establishing the application procedures and determining whether or not an application is complete or not . The underlined sentence below was added : CITY COUNCIL PLANNING COMMITTEE MINUTES MAY 16 , 1995 PAGE 2 "Annual amendments to the comprehensive plan shall be submitted to the Kent Planning Department by September 1 of each calendar year. Requests for amendments shall be submitted on forms prescribed by the Planning Department . Incomplete amendment applications will not be accented for filing. Requests received each year after September 1 shall be considered in the following year' s comprehensive plan amendment process . " Kevin asked the Committee members for questions . Councilmember Johnson expressed concern as to whether Section 12 . 02 . 060 , "notification of all property owners within two hundred (200)_ feet of the affected property" is adequate language . Fred replied that discretion will take place on a comprehensive plan amendment of at least 200 feet and probably more . Fred explained comprehensive plan amendments are different because they are more in a policy making role . It' s not like a Hearing Examiner interpretting policy in a quasi-judicial role . Fred gave an example if a potential comprehensive plan amendment occurred to North Park located on James Street . If an application was submitted, their application proposal has the signatures of the affected property owners directly related to this particular application. When the Planning Department staff reviews the application, they look at it in a broad area and determine whether this is a plan amendment or a policy role . When this is brought to the Planning Commission and City Council, the Department would provide many alternatives and alter the boundary lines . These changes would go beyond the property owners listed on the actual application. If the Department had taken the 200 foot limitation literally, the Department could be ultimately holding a public hearing and going for a recommendation that involves people that weren' t notified. Related to the North Park example, Fred stated the Department would be notifying people beyond the application and include notification of all affected property oweners based on the staff ' s alternatives and then a 200 foot radius . There was much discussion on this . Chair Orr stated she agreed with Fred and suggested stating "at least 200 feet" . Assistant Attorney Evezich commented this language could work against the City since there is a burden on the City if the language is not as clear as possible . Roger Lubovich expressed concern about leaving areas open for discretion which could lead to discretionary action against the City. Fred reported that there is a section in the City code that gives the Planning Director some authority to broaden the notification area. The language does not say at least 200 feet but more if in the judgment of the Planning Director a larger area is necessary. CITY COUNCIL PLANNING COMMITTEE MINUTES MAY 1G, 1995 PAGE 3 Laurie Evezich suggested not changing the language but reminded the Committee that the Planning Director would have to temper his discretion from being arbitrary and capricious by treating each instance with the same considerations , whatever they were, each and every time . Mr. Harris suggested the Zoning Code language be referenced in the ordinance or flat out change the language to 300 feet or 400 feet so no discretionary language could be challenged. Ms . Evezich stated to keep mind that this is 200 feet of the affected property, which is potentially not a single applicant, is a designation on a map of a very broad area. So 200 feet around or within that area is like putting a buffer of 200 feet around that area. In addition, it looks like we' re talking about looking at the cumulative impacts of all of the planning map applications each year. There is a large number of people so are likely to get notice of all of the potential impacts of all of the plan map application amendments . There was a lot of discussion on notification and who wwould be notified with this language . Chair Orr brought up another concern on Section 12 . 02 . OG0 - Hearing Procedures, and asked if the City is required by some State law for these amendments to go the Planning Commission. Laurie said yes . Mr. Harris commented that the City of Kent is a code City and that we have to go through the process of a Planning Commission, via City Clerk and Mayor' s office to make changes to our City code . Chair Orr asked that this item be pulled from the City Council agenda scheduled for tonight' s meeting. She asked that this item be brought back to the Committee meeting schedule for June 20, 1995 and for this item and ordinance be put on the June 20th City Council agenda . ADULT USE ZONING #ZCA-95-1 - (F. Satterstrom) Planning Manager Fred Satterstrom briefly went over the staff report and mentioned that pages two and four were mistakenly omitted and the missing pages were handed out at the meeting. He reported to the Committee that the staff recommended Alternative #4 , which was the one that had the most sites (32 potential sites) . He reported that the Planning Commission did not have a majority vote to come up with a recommendation. They held hearings on February 27, March 27, and April 24 , 1995 . City Attorney Roger Lubovich suggested something that the Committee might want to consider. He suggested the City consider looking .into this matter at the same time that the Planning Department does the Growth Management Act zoning changes related to the Comprehensive Plan which are coming up soon. He recommended this because the zoning map may have some impact in how many sites would be available, potential issues related to mixed use residential , and issues related to the fact the City recently adopted new licensing regulations that broadens the CITY COUNCIL PLANNING COMMITTEE MINUTES JUKE 20 , 1995 AMENDMENT PROCEDURES FOR KENT COMPREHENSIVE PLAN - (K. O'Neill) Kevin O'Neill, Senior Planner, referenced the draft ordinance distributed at the last Planning Committee meeting on May 16 , 1995 . He recalled the section entitled Hearina Procedures - Notice Requirement (12 . 02 . 060) , . which relates specifically to the comprehensive plan land use plan map. Reiterating his memorandum dated June 20, 1995 to the Planning Committee, Mr. O'Neill further defined the intent of the term "affected area" , stating that it does not necessarily mean a specific parcel, but could also represent a -larger area of several parcels . He said this makes the amendment request different from a request for rezone . Mr. O'Neill said the affected parcels may be identified by the applicant , as well as any additional parcels contiguous to the applicant ' s property which the Planning Director determines should be included for the potential amendment . Councilmember Clark asked Laurie Evezich, Assistant City Attorney, if this process is in coordination with the Growth Management Act (GMA) at both the state and county level . Ms . Evezich said the Comprehensive Plan Amendments are required by the GMA, and that the planning policies of the county were a guideline to Kent' s existing comprehensive plan. Ms . Evezich said the county planning policies are already incorporated into the City' s comprehensive plan and that the City has satisfied GMA criteria. She said proposed amendments need to be reviewed by the Planning Department at one time to determine the annual comprehensive plan revisions . Jim Harris, Planning Director, said beginning in April of 1996, a new law goes into effect (17 . 24) , requiring the Planning Department to maintain an on-going list of issues and problems raised by developers or individuals concerning the comprehensive plan or zoning code . He said informal requests, as well as formal applications are to be documented and considered at the time of the yearly processing of the proposed amendments . Mr. Harris said over time, he thought the GMA would be modified by the Legislature to ensure public comment is considered pertaining to revising the comprehensive plan and zoning code . Councilmember Clark MOVED to adopt the amendment procedures to the Kent Comprehensive Plan. Councilmember Woods SECONDED the motion. Discussion: The statement "and to recommend it to the full council, and add it to the consent calendar" was added to the motion. The motion carried. Kent City Council Meeting Date July 5, 1995 Category Consent Calendar 1. SUBJECT: COUNCIL 0 ABSEN% �Pam" 2 . SUMMARY STATEMENT: Cilmember Paul Mann has request-d - - - - - - -- from the July 18, 1995 City Council meeting. He will be out of town and unable to attend. 3 . EXHIBITS: Memorandum from Councilmember Mann 4 . RECOMMENDED BY: Councilmember Mann (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. 30 MEMORANDUM TO: JIM WHITE, MAYOR CITY COUNCIL MEMBERS FROM: PAUL MANN, COUNCILMEMBER f DATE: DUNE 30, 1995 � SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the July 18, 1995 City Council meeting . I will be out of town and unable to attend. Thank you for your consideration. PM:jb � � �� � � � �irae�- � ��� �. Kent City Council Meeting Date July 5 . 1995 Category Other Business 1. SUBJECT: HATE SPEECH - RESOLUTION 2 . SUMMARY STATEMENT: Pursuant to Kent City Council direction at its June 20th meeting, this resolution sets a City policy in opposition to those individuals or groups that incite discord and disharmony against people with differing backgrounds, philosophies and cultures. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Council (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: n Councilmember b n _movefl , Councilmember��aF3�� second$ to adopt Resolution No. ;'�-37 establishing a policy opposing "hate" speeches. DISCUSSION: --fh ACTION: /Mtl�s�}]lashcr Council Agenda Item No. 4A RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, opposing speech and actions that incite discord and disharmony among people having differing backgrounds, philosphies , and cultures . WHEREAS, there are individuals and organizations who, by their speech and actions, tend to sow the seeds of discord and disharmony in our nation and tear the fabric of our national well being; and WHEREAS, the basic premise of our Constitution holds that citizens in the United States, having various backgrounds and beliefs, can live side by side in harmony and trust ; and WHEREAS, the City Council would like to go on record opposing actions that pursue the purpose of denigrating, demeaning or threatening people based upon racial, religious and other differences ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS : Section 1 . That the City Council opposes actions by individuals or organizations whose purpose is to denigrate, demean or threaten people ' s liberties based upon their race, backgrounds, religions , philosophies and cultures . Section 2 . That the City of Kent, Washington be a community where people can pursue their interests in a hate free environment and where they can live together in mutual respect of and cooperation with one another . 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 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 2 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 hate.res 3 Kent City Council Meeting Date July 5, 1995 Category Other Business 1. SUBJECT: METRICOM FRANCHISE - ORDINANCE - 1ST READING 2 . SUMSURY STAT a recommended by the Public Work ommittee is date has been set for the first reading of the com, Inc. Franchise Ordinance, followed by the second reading and proposed passage on July 18 for Council action, This Franchise relates to the use of a wireless data com- munication system connected through a device attached to utility poles. rle __ — ���}t '�he City and Metricom were unable to agree on final language for Section 5 of the proposed - T}}.�........ franchise. The-City ��o�.��Y-;:-��l askso. a�.a, Nretricei's-fie . 3 . EXHIBITS: Public Works Committee minutes and draft franchise ordinance 4 . RECOMMENDED BY: Public Works Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Coun moves, Counci er seconds that the Metricom Franchise ina been properly introduced to this Coun and that the secon ing is set for July 18 for fi action. DISCUSSION• ACTION• ` �� �dunc i l Agenda 1 ,, �i ;�;,.�, B- :Item No. 4B Committee unanimously recommended adoption of Resolution # for the segregation of Assessment #6 in LID 330. METRICOM. INC. Brubaker explained that this system works on an FCC unlicensed frequency and it creates a grid network system which allows portable computers to communicate with each other without using a telephone line. Brubaker asked the Committee for authorization to enter into a franchise agreement with a nominal one time fee; probably no franchise fee after that; a franchise for a term of 5 years renewable for an additional 5 years. Metricom's representative stated that they are offering a reduced rate for city access to the cities where they have facilities in place. Committee unanimously recommended that the Metricom Inc Franchise Ordinance be presented for a first reading at the next Council meeting. Meeting adjourned: 5:30 p.m. ..._ 4 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, granting unto Metricom, Inc . , ( "Metricom" ) , a Delaware corporation, its successors and assigns, the right, privilege, authority and franchise for five years, to construct, maintain, operate, replace and repair a wireless data communications system on, across, through, and above the public right-of-ways of the City of Kent, Washington for the sole purpose of operating a subscriber-based wireless data communications network, which is to be comprised of radio transmitters installed on utility poles and/or facilities . THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS : Section 1 . Franchise Granted. Pursuant to RCW 35A. 47 . 040 , the City of Kent, Washington (hereinafter the "City" ) hereby grants to Metricom, Inc . , a Delaware corporation (hereinafter "Metricom" ) , subject to the terms and conditions set forth herein, a franchise for a period of five years, commencing on the effective date of this ordinance . This franchise shall grant Metricom the right , privilege and authority to construct, operate, maintain, replace, and use all necessary equipment and facilities thereto for a wireless data METRICOM FRANCHISE--Page 1 of 18 DRAFT #2/tcb: 06/28/95 communications system on, across, through and above the public right-of-ways located in the City of Kent . Metricom' s system shall be comprised of radio transceivers and related equipment installed on utility poles and/or facilities . Subject to the provisions of RCW 35A. 14 . 900, these franchise privileges shall extend automatically to all additional territory annexed by the City during the term of this franchise, subject to the rights, privileges and limitations established in this franchise . This franchise shall automatically renew for one (1) additional five year term only upon the occurrence of the following conditions : (a) Metricom provides the City written notice, delivered by certified mail to the City' s Public Works Director and to the City Clerk, at least 180 but not more than 240 days prior to the termination of the original five-year term, of the pending expiration of this franchise; (b) The notice must specifically refer to this franchise by its City Ordinance Number, must inform the City of the franchise ' s expiration date, must specifically reference this franchise provision, and further must inform the City that this franchise will automatically renew for one additional five-year term, unless the City can, in good faith show a substantial change in position of either party evidencing that the franchise should be renegotiated or METRICOM FRANCHISE--Page 2 of 18 DRAFT #2/tcb: 06/28/95 terminated and the City provides , within ninety (90) days of receipt of Metricom' s notice, written notice to Metricom of its decision not to renew or to re-open negotiations of this franchise . Metricom' s failure to comply in any material way with any part of these franchise renewal conditions shall cause this franchise to fully terminate at the end of the initial five-year term. The rights and privileges granted under this franchise shall not convey any right to Metricom for the use of City-owned, leased or operated properties outside of the franchise area described above . This franchise does not convey warranty or title or any interest in City right-of-ways . Nor does this franchise convey any interest in any particular location in City right-of-ways . Section 2 . Non-Exclusive Franchise Grant . This franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises in, along, over, through, under, below or across any City right-of-ways . The City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, and dedication of its right-of-ways as the City may deem fit, including the dedication, establishment , maintenance, and improvement of all new right-of-ways . METRICOM FRANCHISE--Page 3 of 18 DRAFT #2/tcb: 06/28/95 This permit does not provide Metricom exclusive use of any City poles or property, and the City may install additional users on its poles; however, the City shall first obtain from any future pole user written agreements that subsequent to the installation by Metricom of its equipment on a City pole in accordance with this franchise ordinance, (i) that subsequent user shall not install new equipment on the pole if the equipment causes radio interference with Metricom' s operations and (ii) in the event interference occurs , the subsequent user shall immediately take all reasonable steps necessary to eliminate that interference . Section 3 . Facility Installation and Availability. All Metricom facilities installed pursuant to this franchise ordinance will be installed on existing utility poles and/or facilities owned by Puget Power Company or the City, unless otherwise agreed to in writing. Metricom shall not construct or cause the construction of any poles or other structures within City right-of-ways . The City may agree by separate agreement or ordinance to make City facilities, such as poles and traffic signals, available for use by Metricom provided that Metricom provides fair market value for the use of such facilities or, alternatively, provides other compensation or services as the City deems equivalent . Additionally, Metricom' s use of these City facilities cannot interfere with the City' s use of the facilities . METRICOM FRANCHISE--Page 4 of 18 DRAFT #2/tcb: 06/28/95 To the extent that Metricom makes its facilities and/or services available to other governmental entities within the State of Washington in exchange for the use of property similar to those right-of-ways authorized to be used by Metricom hereunder, Metricom shall also make those facilities and/or services available to the City subject to similar terms and conditions . Section 4 . Relocation of Wireless Data Communications System Facilities . Subject to all applicable laws, within thirty (30) days, or within the period of time determined by the City in the event of an emergency, Metricom, at its sole cost, shall remove or relocate any of its equipment subject to this franchise ordinance upon the City' s demand, for good cause shown. For the purposes of this Section 4 , "good cause" for removal or relocation of Metricom' s equipment shall include, without limitation, any lawful change of grade, alignment, or width of any public right-of-way or the replacement of any street light or utility pole . The provisions of this Section shall in no manner preclude or restrict Metricom from making any arrangements it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City-owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project . METRICOM FRANCHISE--Page 5 of 18 DRAFT #2/tcb: 06/28/95 Section 5 . Technological Changes . To address technological changes in the state-of-the-art communication services during the term of this franchise ordinance, the City may elect to review, at intervals not less than three (3) years, the Metricom communications system and services in light of reasonable needed change in facilities and/or service provision, Metricom shall meet and confer with representatives of the City concerning any identified communications requirements of the City that Metricom might fulfill . Section 5 . Charge for Use of City Power. Mter' the the4mr r r rh line that feeds—Git \Y / N er ealendar pay 'tTt e--ela t o e F t l l t rl ernati e a-l=ze G: t. _ , fnay, at r in the evert the Gity el ets to e e eise this eptienafter ealenelar 1 . Newer US 7 L' l METRICOM FRANCHISE--Page 6 of 18 DRAFT #2/tcb: 06/28/95 aya3 fable in ten unit leleele F , K , ents shall , _, _ Section 6 . Maps , Records and Other Information. Metricom agrees to supply or update, without cost to . the City, information requested by the City' s Public Works Director, which information may include an installation inventory, maps, plans, and as-built drawings of all Metricom' s installations . Metricom shall keep the Public Works Director informed of its long-range plans for coordination with the City' s long range plans . Section 7 . No Obstruction: Pole Standards . Except during an emergency as provided for in Section 9 , Metricom will not obstruct, hinder, damage, or otherwise interfere with any City facility or installation, including City utility fixtures or other authorized uses of the public right-of-ways, unless the City has first provided its written authorization. The City shall not unreasonably withhold this authorization. Metricom shall, when conducting any work on or at a City-owned utility pole, conduct that work in accordance with all applicable Puget Power "pole standards" in effect at the time Metricom conducts the work. Metricom shall be responsible for anticipating and reasonably avoiding conflicts with other right-of-way occupants or users, other utilities, franchisees, or permittees . The City assumes no responsibility for these conflicts or errors . Section 8 . Permits and Approvals Except as provided for in Section 9 , nothing in this franchise ordinance shall METRICOM FRANCHISE--Page 7 of 18 DRAFT #2/tcb: 06/28/95 relieve Metricom from its obligation to obtain approvals or necessary permits from applicable federal , state, and City authorities for all activities , whether or not contemplated in this franchise, within the franchise area . Section 9 . Emergency Work -- Permit Waiver. In the event any of Metricom' s facilities in any way create an immediate danger to the property, life, health or safety of the public or any individual, Metricom shall immediately take the proper emergency measures to repair its facilities and to cure or remedy the dangerous conditions for the protection of property, life, health or safety without first applying for and obtaining a permit as required by this franchise . However, this shall not relieve Metricom from the requirement of obtaining any permits necessary for this purpose, and Metricom shall apply for these permits within seven (7) calendar days . Section 00 . Dangerous Conditions Authority for City to Abate Whenever construction or installation of the facilities authorized by this franchise has caused or contributed to a condition that appears to endanger the public, an adjoining public place, street utilities or City property, the Public Works Director may direct Metricom, at Metricom' s own expense, to take actions to protect the public, adjacent public places, City property or street utilities ; and such action may include compliance within a prescribed time . In the event that Metricom fails or refuses to promptly take the actions directed by the City, or fails to fully comply METRICOM FRANCHISE--Page 8 of 18 DRAFT #2/tcb: 06/28/95 with such directions, or if emergency conditions exist which require immediate action, the City may take such actions as are necessary to protect the public, the adjacent streets, or street utilities, and Metricom shall be liable to the City for the costs thereof . Section 11 . Recovery of Costs and Fees . Metricom shall pay a filing fee for the City' s administrative costs in drafting and processing this franchise agreement in the amount of Two Thousand Dollars ($2000 . 00) together with an additional Five Hundred Dollars ($500 . 00) charge for all work related thereto. Metricom shall further be subject to all permit fees associated with activities undertaken through the authority granted in this franchise ordinance or under the laws of the City. Where the City incurs reasonable costs for review, inspection or supervision of activities undertaken through the authority granted in this franchise or any ordinances relating to the subject for which a permit fee is not established, Metricom shall pay such costs and expenses directly to the City. In addition to the above, Metricom shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving Metricom' s facilities . Nothing provided in this Section 12 shall exempt or in any manner limit Metricom' s obligation to pay any tax required by the Kent City Code or any other ordinance, specifically including, without limitation, City utility taxes . Metricom shall remit to the City any taxes, including utility users ' taxes, all in compliance with the provisions of the Kent City METRICOM FRANCHISE--Page 9 of 18 DRAFT #2/tcb: 06/28/95 Code . Metricom reserves its right to collect any city imposed taxes from its customers . Section 12 . Indemnification. Metricom shall defend, indemnify and hold the City, its officers, officials, employees and agents harmless from any and all claims, actions, injuries, damages, losses or suits, including all legal costs, witness fees and attorney fees, arising out of or in connection with the performance of any of Metricom' s rights or obligations granted by this franchise ordinance, but only to the extent of the negligence or comparative fault of Metricom, its employees, agents, contractors, subcontractors or assigns . The City' s inspection or acceptance of any of Metricom' s work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES Metricom' S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this franchise ordinance . Section 13 . Insurance . Metricom shall procure and maintain for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may METRICOM FRANCHISE--Page 10 of 18 DRAFT #2/tcb: 06/28/95 arise from or in connection with the exercise of the rights , privileges and authority granted hereunder to Metricom, its agents, representatives or employees . Metricom shall provide a copy of such insurance policy to the City for its inspection prior to the adoption of this franchise ordinance, and such insurance shall evidence : 1 . Automobile Liability insurance with limits no less than $1, 000, 000 Combined Single Limit per accident for bodily injury and property damage; and 2 . Commercial General Liability insurance policy written on an occurrence basis with limits no less than $1 , 000 , 000 Combined Single Limit per occurrence and $2 , 000 , 000 aggregate for personal injury, bodily injury and property damage . Coverage shall include but not be limited to: blanket contractual ; products/completed operations ; broad form property; explosion, collapse and underground (XCU) ; and Employer' s Liability. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductible or self-insured retention shall be the sole responsibility of Metricom. The insurance obtained by Metricom shall name the City, its officers , employees and volunteers as insureds with regard to activities performed by or on behalf of Metricom. The coverage METRICOM FRANCHISE--Page 11 of 18 DRAFT #2/tcb: 06/28/95 shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers . In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought , except with respect to the limits of the insurer' s liability. Metricom' s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers . Any insurance maintained by the City, its officers , officials, employees or volunteers shall be excess of Metricom' s insurance and shall not contribute with it . The insurance policy or polices required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days ' prior written notice by certified mail , return receipt requested, has been given to the City. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers . Section 14 . Abandonment of Metricom' s Facilities . No facility installed in any City right of way by Metricom may be abandoned by Metricom without the express written consent of the City. Any plan for abandonment or removal of Metricom' s facilities must be first approved by the Public Works Director, and all necessary permits must be obtained prior to that work . METRICOM FRANCHISE--Page 12 cf 18 DRAFT #2/tcb: 06/28/95 Section 15 . Modification . The City and Metricom hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. Section 16 . Termination. If Metricom willfully violates or fails to substantially comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Metricom by the City under the provisions of this franchise, then the Kent City Council may terminate this franchise . This franchise creates no obligation to make any payment or award in condemnation to Metricom, except to the extent any state or federal laws may independently require . Section 17 . Failure to Commence Installation. Notwithstanding the provisions of Section 16 , this franchise ordinance shall be deemed void in its entirety if Metricom fails to commence installation of its facilities within one year from the effective date of this franchise ordinance, unless otherwise agreed to in writing by the City. Section 18 . Remedies to Enforce Compliance . In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Metricom and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent METRICOM FRANCHISE--Page 13 of 18 DRAFT #2/tcb: 06/28/95 the City from thereafter declaring a forfeiture or revocation fo breach of the conditions herein. Section 19 . City Ordinances and Regulations . Nothing herein shall be deemed to direct or restrict the City' s ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public . The City shall have the authority at all times to control by appropriate regulations and permits the location, elevation, and manner of construction and maintenance of any wireless data communications system facilities by Metricom, and Metricom shall promptly conform with all these regulations or permits, unless compliance would cause Metricom t violate other requirements of law. Section 20 . Cost of Publication. The cost of the publication of this ordinance shall be borne by Metricom. Section 21 . Acceptance . After the passage and approval of this ordinance and within sixty days after such approval, this franchise shall be accepted by Metricom by its filing with the City Clerk an unconditional written acceptance thereof . Failure of Metricom to so accept this franchise within said period of time shall be deemed a rejection thereof by Metricom, and the rights and privileges herein granted shall , after the expiration of the sixty day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose . METRICOM FRANCHISE--Page 14 of 18 DRAFT #2/tcb: 06/28/95 Section 22 . Survival . All of the provisions, conditions and requirements of Sections 13 and 19 of this franchise shall be in addition to any and all other obligations and liabilities Metricom may have to the City at common law, by statute, or by contract, and shall survive the City' s franchise to Metricom, and any renewals or extensions thereof . All of the provisions, conditions, regulations and requirements contained in this franchise ordinance shall further be binding upon the heirs, successors, executors , administrators, legal representatives and assigns of Metricom and all privileges, and all obligations and liabilities of Metricom shall inure to its heirs, successors and assigns equally as if they were specifically mentioned wherever Metricom is named herein. Section 23 . 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 franchise ordinance . Section 24 . Assignment . Metricom shall not assign or transfer this franchise ordinance without the express written consent of the City, which consent shall not be unreasonably withheld. The transfer of the rights and obligations of Metricom to a parent, subsidiary, or other affiliate of Metricom, or to any successor in interest or entity acquiring fifty-one percent (51%) or more of Metricom' s stock or assets shall not be deemed an assignment . Metricom shall give to the City thirty (30) days ' METRICOM FRANCHISE--Page 15 of 18 DRAFT #2/tcb: 06/28/95 prior written notice of any such transfer. Any attempted assignment in violation of this Section 24 shall be void. Section 25 . Notice . Any notice or information required or permitted to be given to the parties under this franchise agreement may be sent to the following addresses unless otherwise specified: City of Kent Director of Public Works 300 West Gowe Kent, WA 98032 (206) 859-3383 Metricom, Inc . ATTN: 980 University Avenue Los Gatos , California 95030 (408) 399-8200 Metricom, Inc . Office of General Counsel Section 26 . Effective Date . This Ordinance shall take effect thirty (30) days after its passage after first being submitted to the Kent City Attorney, and after being granted by the approving vote of at least a majority of the 'City Council at a regular meeting on , 1995 and after introduction on July 5, 1995, and after being published at least once in a newspaper of general circulation in the City of Kent, and shall remain in force and effect for five years and for an additional METRICOM FRANCHISE--Page 16 of 18 DRAFT #2/tcb: 06/28/95 five years thereafter if renewed under the provisions of Section 1 ; PROVIDED, THAT it shall not be effective unless and until written acceptance of this ordinance by Metricom signed by its appropriate officers , shall be filed with the City Clerk within sixty (60) days of its passage by the Kent City Council . JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1995 . APPROVED the day of 1995 . PUBLISHED the day of 1995 . MET.RICOM FRANCHISE--Page 17 cf 18 DRAFT #2/tcb: 06/28/95 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 METRICOM.pwk METRICOM FRANCHISE--Page 18 of 18 DRAFT #2/tcb: 06/28/95 Metricom, Inc . ACCEPTANCE OF CITY FRANCHISE Ordinance No . Passed on 1995 . I , am the of Metricom, Inc . and am an authorized representative to accept the above-referenced City of Kent franchise ordinance on behalf of Metricom, Inc . I certify that this franchise and all its terms and conditions are accepted by Metricom, Inc . without qualification or reservation. DATED this day of 1995 . Metricom, Inc . by its STATE OF WASHINGTON) ) ss. COUNTY OF K I N G ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of Metricom, Inc. to be the free and voluntary act of that corporation for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / Kent City Council Meeting Date July 5, 1995 Category Bids 1. SUBJECT: 108TH AVENUE SIDEWALKS 2 . SUMMARY STATEMENT: Bid opening for this project was held on Thursday, June 29th with 2 bids received. The low bid was submitted by Tydico, Inc. in the amount of $71, 000. 00. The Engineer' s estimate was $86, 675. 00. The project consists of constructing an asphalt concrete pedestrian walkway along the east side of 108th Avenue S.E. from S.E. 264th Street to S.E. 274th Street and a gravel walkway along the south side of S. E. 274th Street from 108th Avenue S.E. to 110th Avenue S.E. It is the recommendation of the Public Works Director that this project be awarded to Tydico, Inc. for the bid amount of $71, 000. 00 . 3 . EXHIBITS: Public Works Director memorandum and vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6 . EXPENDITURE REQUIRED: $71, 000. 00 SOURCE OF FUNDS: School Pedestrian Walkways Fund (R36) & 272nd Corridor Project Fund (R87) 7 . CITY COUNCIL ACTION: Councilmember,-/ T4�zw:,— move, Councilmember l{/ , seconder./ that the 108th Avenue Walkway/SE 274th Walkway contract be awarded to Tydico, Inc. for the bid amount of $71, 000. 00. DISCUSSION• ,ACTION: ' / 1 Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS JULY 5, 1995 TO: Mayor & City Council FROM: Don Wickstrom RE: 108th Avenue SE Walkway/SE 2741h Walkway Bid opening for this project was held on Thursday, June 29th with 2 bids received. The low bid was submitted by Tydico, Inc. in the amount of $71 ,000.00. The engineer's estimate was $86,675.00. It is the recommendation of the Public Works Director that the 108th Avenue SE Walkway/SE 274th Walkway contract be awarded to Tydico, Inc. for the bid amount of $71 ,000.00 BID SUMMARY Tydico, Inc. $71 ,000.00 RJC, Inc. $82,987.00 Engineer's Estimate $86,675.00 MOTION: Councilmember moves, Councilmember seconds that the 108th Avenue SE Walkway/SE 274th Walkway contract be awarded to Tydico, Inc. for the bid amount of $71 ,000.00. t` 154r (4iIij of Lrrnf '�', C�.Ii;—.........�.,, 1 ENGINEERING DEPARTMENT + :_.. ,t�., � 'l ---- VICINITY MAP ............. I T-- =1 ;_ ,-. ASPHALT WALKWAY ON 108TH AVE. S.E. ;••- --�-- � "� .; --� BETWEEN S.E. 2467H ST. AND S. 274TH ST. N T. .Il AND GRAVEL WALKWAY ON S.E. 274TH ST. REMOVE EXIST. 12" S PIPE BETWEEN 108TH AVE. S.E. do 110TH AVE. S.E. :I:�+ INSTALL 30 L.F. 12"' CMP ::; EXCAVATE 30 L.F. OF DITCH ;;� \;� \ f r) 26722 RELOCATE & BEGIN PROJECT r� REBUILD MAIL BOX POSTS M.I.C. STA.0+00 = ` I REMOVE 12' DOUG. FIR a S.E. 2 4TH ST. _ I ----------- 26515 & 26719rt I ADJUST WA TER VALVE N.T.S. BOXES TO GR4DE I j 9 8' WIDE ASPH. WALKWAY ' _ I '- SEE DETAIL SHEET 3 OF 6 I 26806 ADJUST EXIST. 1 '• 1,'(,, ' - •----------.... C.B. TYPE I TO GRADE..._ -- 11 -.......... . INSTALL SOLID COVER i L Y ........... '-' . - OPPOSITE 26827 j ' " ' �, i-.�; I RAISE EXIST. C.B. ----'��°���\ ' •. �""---111 — —..... —.TYPE I TOr-GRA�D�_.._�L_ �' - �� �---' NI I `` STA. 17+OOt --- �1 8' WIDE ASPHALTT:7655H. —�-:� > WALKWAY INCL.kc - - 5' RAISED WALKWAY REVISE -_....!. .. i RM UNDER A'AOLKA'AY.SEEA— .� STA. 24+06t 4 OF 6. I! — � �' l _ -�_ I `I Vic . + XIST. CONC. EJ T S.E. 272ND. ST` t: -: ---—" 1IT -- I--I-----' j---ytt : WALKAWAY INCLUDING WALKWAY. =° `' -------A REVISE STORM DfL4INAGE UNDER WALKWAY. SEEri M.l.C. STA. 26+69.4 ;. -- SHEETS 2,5 & 6 OF 6. - :I LJQ - :_ �` J�-5' WIDE GRAVEL WALKWAY. ... ' ` " I RELOCATE DITCH. SEE SEPARATE ' f M.I.C. STA. 33+21.7 — J —_ . .—_ ni PLAN SHEETS 1 & 2 OF TS %f . --- ------'-•-i ��. 11 �1 __f I C I ...... i " ; t� n ,aa caxrr MEADOW RIDGE I .......... ELEMENTARY 1 103TH AVENUE SE WALKWAY/SE 274th WALKWAY Kent City Council Meeting Date July 5 , 1995 Category Bids 1. SUBJECT: KENT SPRINGS TRANSMISSION MAIN REPAIR 2 . SUMMARY STATEMENT: Bid opening for this project was held on Friday, June 30. Due to time constraints between the bid opening and preparation of the Council packets, the Public Works Director will submit a memorandum to Council with de- tailed information of the project as well as the recommended bid results. 3 . EXHIBITS: Public Works Director memorandum and vicinity map i 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: Kent Springs Transmission Main Proiect Fund W22 7 . CITY COUNCIL ACTION: Councilmember✓ moves, Councilmember seconds to authorize the Director of Public Works to award the Kent Springs Transmission Main Repair contract only after the City has received all required permits. DISCUSSION: .ACTION: Council Agenda Item No. 5B DEPARTMENT OF PUBLIC WORKS JULY 5, 1995 TO: Mayor & City Council FROM: Don Wickstrom 0 RE: Kent Springs Transmission Main Repair Bid opening for this project was held on Friday, June 30th with 6 bids received. The low bid was submitted by R. W. Scott in the amount of $1 ,130,950.76 including tax. The engineer's estimate was $1 ,249,737.05 including tax. The project consists of repairing 8,000 LF of the Kent Springs Transmission Main via a new alignment. It is the recommendation of the Public Works Director that upon receipt of all required permits, the Kent Springs Transmission Main Repair contract be awarded to R. W. Scott. for the bid amount of $1 ,130,950.76. BID SUMMARY R. W. Scott $1 ,130,950.76 Robison Construction, Inc. $1 ,201 ,051 .38 Tri-State Construction $1 ,298,108.73 Frank Coluccio Construction $1 ,324,106.16 Rody & Sons $1 ,429,002.81 Del-Mar Construction $1 ,555,649.83 Engineer's Estimate $1 ,249,737.05 MOTION: Councilmember moves, Councilmember seconds authorizing the Director of Public Works to award the Kent Springs Transmission Main Repair contract to R. W. Scott for the bid amount of $1 ,130,950.76, only after the City has received all required permits. CONTINUED COMMUNICATIONS A. A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE i D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE C/2/) --P -� /1 �P v �� Cam`' v" �-"-� � C� � �• � - �P E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES MAY 24, 1995 COMMITTEE MEMBERS PRESENT: Jon Johnson - Chair, Leona Orr STAFF PRESENT: Jan Banister, Dea Drake, Joy Honeycutt, Roger Lubovich, May Miller, Ron Spang, Sue Viseth MEMBERS OF THE PUBLIC: Linda Johnson, Bill Doolittle The meeting was called to order at 9:37 a.m. by Chairperson Johnson. Approval of Vouchers All claims for the period ending May 15, 1995, in the amount of $1,635,501.72 were approved for payment. Addition.of 0.5 FTE Position or Graphics/ Cahle TV Information Services Division Manager Ron Spang reviewed with the Committee the handouts distributed with the agenda. He noted that staffing is currently 'h position down from 1991 staffing levels even though workloads have expanded for graphics and cable television has been added. To meet these demands $23,000 has been spent on overtime to date although only S350 has been budgeted. He explained that this overtime has been offset by other savings but it is not in the best interest of the employees to work the kind of hours Dea and Jan have had to work to keep up. During further review, Spang asked for authorization to add a half time permanent part time position as soon as possible and have authorization to add $7,500 to augment for temporary help. Graphics Specialist Lead Dea Drake pointed out that the chart included illustrates the amount of overtime worked since 1994 which shows that a ''/2 time FTE is needed to stabilize the normal workload with the additional $7,500 to hire temporary help during peak demands. She added that this covers current demand only. The Committee questioned the impact of the Meridian Annexation. Dea responded the increase would be in amounts of printing such as increasing utility stuffers and parks brochures. Drake added that they anticipate coming back in January to ask for another `/2 FTE to concentrate on cable which would help cover expanding hours without overtime. After expanding on the needs for cable, Committee Chair Johnson questioned the use of volunteers from Community Colleges in addition to this for peaks, etc. He asked if it was possible with the unions. Human Resources Viseth noted that the use of volunteers had been discussed in contract negotiations. She noted that the expectations for a professional station dictates that staff be on site with volunteers and is being looked at. After further discussion,Committeemember Orr moved to approve for the additional production staff as soon as it can be arranged. Johnson seconded the motion which passed 2-0. Addition of Full Time Position for Finance Finance Division Director May Miller informed the Committee that the Finance Department has remained seven positions down since the 1991/92 cuts. To fill some of the need a temporary person had been utilized six months of last year and five months of this year. Miller explained that the AFSCME contract limits temporary positions to five months which is reasonable in that staff should be added where needed. She stated that she was asking for a Administrative Assistant 11 which most directors have to assist with budget and timesheets, etc. Miller added that a budget change is not needed since budget savings would be utilized but requested authorization to hire this position. She noted that the need for another position is anticipated to be requested in January to assist the budget analyst. Viseth interjected that an OPERATIONS COMMITTEE MINUTES, Cont. MAY 245 1995 Administrative Assistant II position was in Finance previously and had been deleted which has left May with no secretarial support for the department leaving management level employees to pick up coordination. Orr moved to-approve the position, Johnson seconded. Orr noted that more work is going to be needed to be ready for the annexation. After Johnson noted his agreement that the work should be done by the appropriate staff, the motion passed 2-0. Public Works Contract Requirements - Ordinance Johnson stated that Roger Lubovich had requested that this item be forwarded to the Public Works Committee. Orr concurred. Kent Downtown Partnersbiy U12date Executive Director of the Kent Downtown Partnership Linda Johnson stated that the information from the packet was self explanatory but wanted to touch base with the Committee. She pointed out that their in-kind donations have gone way up as well as extra people who have come forward to volunteer in the office. Linda Johnson explained that the downtown private investment has gone up to $15 million. She noted that the addition of the Code Enforcement Officer Brian Swanberg is reflected in major improvements to the downtown and has been noticed by citizens. Linda explained that the Saturday Market project is progressing and she is pursuing a grant forwarded to her from Don Wickstrom for improvements. She noted that since this will be a business incubator and qualifies for economic development funding. Linda invited all City Councilmembers to walk through the downtown to look at sidewalks with her. Orr noted the response she had seen at work to the article on the Kent Downtown. Linda noted that at a recent convention she was reminded how forward thinking Kent is. Only 1,000 communities in the U.S. have a position such as hers. April Financial Report May Miller reviewed the April Financial Report with the Committee. After reviewing the April Financial Report,May reviewed the Golf Complex April Financial Report with the Committee. On page 5, she noted the Director comparison from 1994 shows that the Director's major impact is in merchandise revenue is coming in under budget. On the City revenue comparison from 1994 she noted the major impacts are in range fees and driving range. She noted that the individual revenue funds had been rolled into the overall forecast and the revenue has been reduced from $3 million to $2.7 million. This is offset by the capital forecast being reduced from $1.4 million to $1 million. Orr asked if the raised fees had contributed to the revenue reduction. May responded that they are currently analyzing the number of rounds. She added that it is hard to estimate what will happen with all of the new competition but the mini-putt seems to be a good pull. May completed her review. Committee Chair Johnson asked if there was any further business, there being none he adjourned the meeting at 10:34 a.m. Page 2 OPERATIONS COMMITTEE MINUTES SPECIAL MEETING June 19, 1995 COMMITTEE MEMBERS PRESENT: Christi Houser - Acting Chair, Leona Orr STAFF PRESENT: Tom Brubaker, John Hillman, Bob Hutchinson, May Miller, Kelli O'Donnell MEMBERS OF THE PUBLIC: Dan Ivanoff, Jeff McLean The meeting was called to order at 932 a.m. by Acting Chairperson Houser. pvroval of Vouchers All claims for the period ending May 31, 1995, in the amount of $1,749,548.21 were approved for payment. Adoption of 1994 Editions of Uniform Building Code: Uniform Mechanical Code and Related Fee Schedules - Ordinance/Resolution Building Official Bob Hutchinson explained the need to adopt the new code to be up to date with the State who has recently adopted the 1994 edition of the Uniform Building Code and Uniform Mechanical Code. In reviewing the need to update the fees, Hutchinson stated that the fire and plumbing fee schedules are not being changed but are included to consolidate all of the related fee schedules into one resolution. He explained that the increases in the building and mechanical fee schedules will enact the first increase since the 1985 edition was adopted. The increase will be approximately 40% which is in keeping with the CHI for the time period. Hutchinson added that the Washington Association of Building Officials are surveying cities on plans to adopt these increases and though the survey is incomplete to date two thirds of those responding have or plan to adopt the new rates. Committeemember Leona Orr asked if the cities surrounding Kent plan to adopt these fees. Hutchinson responded that he hasn't checked but is aware that Federal Way is planning to adopt them. Acting Chair Houser noted her concern that 40% in one increase seemed extreme. Orr agreed asking if there was a way to do it a little at a time in the future. Hutchinson agreed stating that he would like to look at it annually with permit fees. Orr asked when the last increase was adopted. Hutchinson replied that the 1985 edition and fees was adopted in June of 1986. Orr moved to recommend adoption of the proposed ordinance amending the Kent City Code relating to the Uniform Building Code and the Uniform Mechanical Code to adopt the 1994 editions and the proposed resolution adopting the fees for permits under the Uniform Building Code,the Uniform Mechanical Code, the Uniform Plumbing Code and the Uniform Fire Code and recommended that fees be looked at annually to avoid large increases in the future. Added Item - Permit Review Staffing Dan Ivanoff of Bircher Northwest asked to address the Committee on the permit process. Acting Chair Houser asked him to come forward. Ivanoff stated that as a developer he has worked on such projects as Van Doren's Landing in Kent and is currently working on moving Magnolia Hi Fi into Kent. He noted that in marketing one of the selling points has been how smooth the permitting process in Kent has been. Ivanoff explained that this year the industrial OPERATIONS COMMITTEE MINUTES, Cont. Special Meeting June 19, 1995 market has been high and Building/Public Works has been contracting out their overload permits to ICBO. He noted that in the normal process meetings would be held with permitting staff and developers and the permits are received in 7 '/2 to 8 weeks. With the addition of sending permits out to ICBO, 3 to 4 weeks has been added as well as increasing the uncertainty of how permits will be handled. He noted that his company is used to working with City staff and the end result of contracting out is a new learning curve. Mr. Ivanoff reviewed the current marketing conditions for industrial property in the area with the committee. He noted that volume is substantially up and appealed to the committee to consider the resources used for permit review internally versus externally stating that he did not feel that the volume would drop off. Ivanoff suggested that it would be better for permitting and business if staff was added. Houser asked if the permit person had been added for the Regional Justice Center. Hutchinson replied that an inspector position had been filled which does not impact plan review. Orr and Houser asked what the cost of sending out permits has been. Hutchinson stated that since February the City is obligated approximately $60,000 worth of permits adding that he wasn't certain if the overload would continue. After further discussion, the committee asked Hutchinson to bring back some proposals on additional staff to the next Operations Committee meeting. Assistant City Attorney Tom Brubaker noted that SB 1724 known as the regulatory reform act had passed which has some consolidating measures which will alter our permitting process and require amendments to City ordinances in the near future. There being no further business,Acting Chair Christi Houser adjourned the meeting at 9:55 a.m. Page 2 c►T� cE)�_K PARKS COMMITTEE MINUTES June 6, 1995 Council Present: Christi Houser, Chair; Paul Mann; Tim Clark Staff Present: Helen Wickstrom, Tom Brubaker, John Hodgson, Jim McDonald, Jack Ball, Lori Hogan, Fred Satterstrom, Tim LaPorte, Don Wickstrom, Stephen Noeske, Teri Stump Other: Colie Hough-Beck , Hough-Beck & Baird Landscape Architects, 1000 Lenora Street, Seattle, WA 98121; Jeff Mclain, 6221 237th Street, Q- 102, Kent, WA 98032; Linda Johnson, P.O. Box 557, Kent, WA 98035; Percell Johnson, 2020 Meeker Street, Kent, WA 98032; Linda Van Nest, 13521 SE 266th Street, Kent, WA 98042; Jack Becvar, 11617 SE 258th, Kent, WA 98031; Toby Sells, 100 Railroad Avenue, South, Kent, WA 98032; Kathy Button, P.O. Box 644, Kent, WA 98035; Chairperson Houser called the meeting to order at 4:35 p.m. Councilmember Bennett was unable to attend. DIRECTOR OF GOLF: John Hodgson discussed the proposed appointment of Brett Wilkinson as Director of Golf at Riverbend Golf Complex. John reported that Brett has been Acting Director for the past two months and is credited with improvements to the Marshaling program. John found that Brett's interview corroborates with his references, he has proved to be a good teacher, problem solver, hard worker, and good with people. John then recommended Brett Wilkinson to be appointed Director of Golf. Paul Mann made a motion to approve Brett Wilkinson as Director of Golf for Riverbend Golf Complex, Tim Clark seconded. The vote was 3-0. SURPLUS HOUSES: John Hodgson shared with Council that the City has four homes that need to be demolished. He informed the committee that each time we demolish a house, it costs the City $10,000. Councilmember Clark asked about the condition of the homes; are they habitable. John responded that each home will not take much to bring them up to code--between $5,000 - 7,000 in repairs. Paul Mann moved to approve selling the houses located at 24623 Russell Road (Riverbend Golf Complex); 8121 South 259th (Corrections Facility); 24615 26th Place South (Parkside Wetlands); and 11459 SE 266th (Public Works). Tim Clark seconded, the vote was 3-0. SIDEWALKS AND STREET TREES: Pursuant to Council budget, Public Works Department has been working with the Parks Department to replace damaged sidewalks in the central business district area. As a result of .these damaged sidewalks it was apparent the problem was due to the street trees and the type of trees planted. The City Risk Manager and Law Department has received a number of complaints of trip and fall accidents because of the damaged sidewalks. The streets involved are: 1st Avenue - Meeker Street to Titus Street; Harrison Street - 2nd Avenue to 4th Avenue (north side); Harrison Street - 2nd Avenue to 4 Avenue (south side); and Gowe Street - 2nd Avenue to 4th Avenue (north side). Public Works would like to go to bid on the sidewalk repair and take the opportunity to replace the street trees. The City of Kent, Street Tree Committee contacted Colie Hough-Beck of Hough Beck & Baird Landscape Architects to conduct a survey of the street trees. Colie and an arborist found the Page 1 tree species to be wrong for the Kent sidewalk environment, due to the small amount of planter space available and problems with overhead power lines. A master plan was created from this research. Through a previous study Colie conducted for Mercer Island and their street trees, a soil mix and planting structure was developed. It is a successful system that maintains sidewalks, power lines and future growth of trees; Colie suggests using the same strategy for Kent. This research has created another opportunity - - to create custom designed tree grates, with a pattern depicting the essence of the Kent area. Jim McDonald reported that an artist was selected by a jury from the Arts Commission members. The designer was inspired by the hops plant, indigenous to the northwest. Councilmember Clark asked about the material used for the grates Jim responded that they meet ADA requirements and are made out of cast iron, the same material used in the durable street grates. Councilmember Clark also asked about leaf dropage, since there will more replacement trees than previous trees. Colie replied that it won't be any worse than the current trees. Linda Johnson of the Kent Downtown Partnership referenced the completion of Phase I . Linda recently took council members on a walk throughout the City to show them the mud holes and weedy areas that she would like to see fixed from Phase I. She also asked consideration for increasing the sidewalk budget to accommodate the needs to do it right. Chair Houser asked when Phase I will be done. Don Wickstrom responded that it will cost $260,000 to finish Phase I and the City does not have the money. There was interest in finding a mechanism to obtain revenue for finishing Phase I. Jack Becvar of the Kent Historical Society asked about the cost of the grates and what happens now; Tim replied that the grates installed cost $1,200 each and the City is purchasing the form, which will save money. The sidewalks/street tree project will begin on Harrison Street - 2nd Avenue to 4th Avenue. PROJECT/PROGRAM REPORTS: Skateboard Committee: The committee will consist of all youth and two staff members. They will visit Seattle next week, touring other Skateboard Parks where they will take videos and pictures. The committee will present a report to City Council. Youth/Teen: The department received a youth employment grant and will be hiring 18 youth from Kent Memorial, Thomas Jefferson and Kent West High Schools; some will be able to work year-round. Chair Houser asked if anyone is dealing with the Futures Club. John responded that six apartments that participate in the Youth/teen complexes and Future's Club is going to three of them. Chair Houser recruited for more representatives for the Future's Club representatives; contact Mel Tate. Development Reports/Coloring our City - Corrections, Public Works and Parks is conducting an inventory now, broken into three phases. Parks Maintenance needs more green houses to accommodate this project. Two garden clubs will help re-do the Soames Home's garden. The lights are up at West Fenwick and Glenn Nelson. ADDED ITEMS: John Hodgson shared that there will be 6 dedications in the next two weeks; Mural "Desert Realities"Wednesday, June 7, 12:00 noon at Kent West High School Mural "A Little Bit of Everything" Thursday, June 8, 5:00 p.m. at Campus Park Mural "Underworks" Thursday, June 8, 6:00 p.m. at Earthworks Park Sister City Yangzhou Pavilion: Wednesday, June 14, 5:00 p.m. at the International Park. Riverbend Putting Links: Friday, June 16, 5:00 p.m. (weather permitting) Kiwanis Tot Lot#1: to be announced. The meeting adjourned at 5:50 p.m. Page 2 RIVERBEND GOLF ADVISORY BOARD MEETING MINUTES APRIL 26, 1995 Present: John Hodgson, Patty Greeney, Dan Farmer, Harold Perantie, Joe Slye, Jim Stone, Britt Wilkerson, Steve Dowell, Rosemary Mastro, Rick Rasco, John Hillman, Jim Bennett and Pete Petersen Meeting called to order at 5:42 p.m. I Minutes: Not everyone received them. II Chairman's. Report: Distributed maintenance and operational expenses at various courses for review. III Old Business: Junior Golf: Park staff will be meeting with Britt Wilkerson in the next week to finalize the summer program. Projects Update: Work is being done on the restrooms; bids are out on the Driving Range field projects, roof extension and netting; the miniature golf course construction is set to begin next week. Marshalling Program: Britt reported the program is up and running. Pace of play has improved. Dress Code: John reported the City Attorney has said we can establish a dress code. Director of Golf: Jim Stone is negotiating with Britt Wilkerson on a contract. Starting Times: Some work has been done with the Men's Club. Pace of tournament play has improved. Discount Card: John reported that there has been little use of the new program. IV Club Reports: Women's - Social was held on 4/15, reported the course is in good shape, a quarter of the members attended a recent meeting. Inquired about benches at women's Tee. Golf Advisory Board Minutes April 26, 1995 Page Two Par 3 - Large group playing, discussion was held on the high scores of players, some are concerned on cut of fairway. Men's - Renewal rate is down 20%, tournaments averaging 130 players, sweeps had 400 players. V Staff Report: Director -John reported on the plan for new phones and the meeting of the City, Men's/Women's Clubs and SSMD to deal with the credit program and develop a letter of understanding. Maintenance - Pete reported that aerification had been done on the Tees, the greens will be aerified next. The 14th green is coming back. Should be able to play daily in 3 weeks. Finance - John Hillman reported that the revenues are down mainly in the range, expenses are up. A long discussion took place. VI Operational/Users Report: Jim Stone reported on the new staff, pleased with new PGA staff. Jim discussed the starter booth, there are 15 new sets of rental clubs. VII New Business: Business hours: SSMD is opening at 6:00 a.m. and closing at 8:00 p.m. Closing will be extended with sunlight. Twi-Light Fees: This will be discussed. Vlll Good of the Order: Additional discussion on revenues took place. Meeting adjourned at 7:25 p.m. ACTUAL AND PROPOSED GOLF COURSE OPERATING BUDGETS COURSES ALPHABETICAL' COURSE 1994 ACTUALS 1995 PROPOSED 7c INCREASE AUBURN 329,094 N/A (1 ENGLEWOOD 755,000 N/A IX. I EVERETT 506,000 5 550,000 8.7 FAIRWOOD 417,700 N/A i MERIDIAN VALLEY 512,950 560,000 9.2 OAKBROOK 450,316 472,600 4.9 OVERLAKE N/A 756,350 XXXXXXXXXXXX RAINIER 537,170 581,710 8.3 SAHALEE 962,915 (2) 1,056,601 (2) 9.7 SAND POINT 505,331 520.490 2.9 TWIN LAKES 449,138 508,275 13.2 WING POINT L N/A 1 376.942 Xxxxxxxx=xx ACTUALS NUMERICAL COURSE 1994 ACTUALS 1995 PROPOSED % INCREASE SAHALEE 962,915 (2) $1,056,601 (2) 9.7 ENGLEWOOD 755,000 N/A RAINIER 537,170 531,710 8.3 Ivl HZMIAN VALLEY 512,950 560,000 9.2 EVERETT 506,000 550,000 8.7 SAND POINT 505,331 520,490 2.9 AUBURN 329,094 N/A OAKBROOK 450.316 472,600 4.9 TWIN LAKES 449,138 508,275 13.2 FAIRWOOD 417,700 N/A OVERLAKE N/A 756,350 lxxxxxxxxxxxx WING POINT N/A 376,942 PROPOSED NUMERICAL COURSE 1994 ACTUALS 1995 PROPOSED I % INCREASE71 SAHALEE 962,915 (2) $1,056,601 (2) 9.7 OVERLAKE N A 756,350 RAINIER 537,170 581,710 8.3 MERIDIAN VALLEY 512,950 560,000 9.2 EVERETT 506,000 550,000 8.7 SAND POINT 505,331 520,490 2.9 TWIN LAKES 449.138 508,275 13.2 OAKBROOK 450,316 472,600 4.9 WING POINT N/A 376,942 ENGLEWOOD 755,000 N/A FAIRWOOD 417,700 N/A NA MoucXXXXXXXX (1) N/A = NOT AVAILABLE (2). 27 HOLES. ESTIMATED 1994 ACTUALS FOR 18 HOLES = $641,943 AND ESTIMATED 1995 PROPOSED FOR 18 HOLES = $704,400. % INCREASE - 9.7 CITY OF L"� �� CITY COUNCIL PLANNING COMMITTEE MINUTES June 20 , 1995 5 : 00 PM Committee Members Present Other City Staff Leona Orr, Chair May Miller, Finance Judy Woods Don Wickstrom, Public Works Tim Clark Planning Staff Other Guests Jim Harris Barbara Ivanov - Kent Chamber Fred Satterstrom of Commerce NanSea Potts Josephine Tamayo Murray - Linda Phillips Housing Finance Task Force Betsy Czark Carla Okigwe - Housing Lin Ball Finance Task Force Kevin O'Neill Maureen Kostyack - , Housing Finance Task Force City Attorney' s Office Linda Johnson - Kent Downtown Partnership Roger Lubovich Ralph Fitzthum Laurie Evezich Jeff McLean AMENDMENT PROCEDURES FOR KENT COMPREHENSIVE PLAN - (K. O'Neill) Kevin O'Neill, Senior Planner, referenced the draft ordinance distributed at the last Planning Committee meeting on May 16 , 1995 . He recalled the section entitled Hearing Procedures - Notice Reauirement (12 . 02 . 060) , which relates specifically to the comprehensive plan land use plan map . Reiterating his memorandum dated June 20, 1995 to the Planning Committee, Mr. O'Neill further defined the intent of the term "affected area" , stating that it does not necessarily mean a specific parcel, but could also represent a larger area of several parcels . He said this makes the amendment request different from a request for rezone . Mr. O'Neill said the affected parcels may be identified by the applicant , as well as any additional parcels contiguous to the applicant' s property which the Planning Director determines should be included for the potential amendment . Councilmember Clark asked Laurie Evezich, Assistant City Attorney, if this process is in coordination with the Growth Management Act (GMA) at both the state and county level . Ms . Evezich said the Comprehensive Plan Amendments are required by the GMA, and that the planning policies of the county were a guideline to Kent' s existing comprehensive plan. Ms . Evezich said the county planning policies CITY COUNCIL PLANNING COMMITTEE MINUTES JUNE 20 , 1995 PAGE 2 are already incorporated into the City' s comprehensive plan and that the City has satisfied GMA criteria . She said proposed amendments need to be reviewed by the Planning Department at one time to determine the annual comprehensive plan revisions . Jim Harris, Planning Director, said beginning in April of 1996, a new law goes into effect (17 . 24) , requiring the Planning Department to maintain an on-going list of issues and problems raised by developers or individuals concerning the comprehensive plan or zoning code . He sa4d informal requests , as well as formal applications are to be documented and considered at the time of the yearly processing of the proposed amendments. Mr. Harris said over time, he thought the GMA would be modified by the Legislature to ensure public comment is considered pertaining to revising the comprehensive plan and zoning code . Councilmember Clark MOVED to adopt the amendment procedures to the Kent Comprehensive Plan . Councilmember Woods SECONDED the motion. Discussion: The statement "and to recommend it to the full council , and add it to the consent calendar" was added to the motion. The motion carried. FITZTHUM REGULATORY REVIEW - #ZCA-95-5 (F. Satterstrom) Fred Satterstrom, Planning Manager, said this issue was carried over from the previous meeting. He explained the background of this regulatory review request, which originated as a result of an Order of Abatement by the Hearing Examiner for a code violation for operating an auto repair with body and engine work shop out of his home, which is not permitted in an M1 zone . Nor is this use allowed under the City' s Home Occupation Business License regulations . Mr. Satterstrom outlined the procedures required for 'initiating a zoning code change, which includes : submittal of the regulatory review request form by the applicant to the staff; staff presentation to the Planning Committee; deliberations by the Planning Committee; with a favorable vote, it is forwarded to the Planning Commission for further deliberation; and eventual adoption of the issue into the zoning code . Mr. Satterstrom said staff is not supportive of this request , due to the applicant' s incompatible use in the manufacturing zone . He stated several comprehensive plan land use policies which Mr. Fitzthum' s request is in conflict . Satterstrom named other commercial zones of CC, GC, GWC, and CM-2 where auto repair is an allowable use . Barbara Ivanov, Director of Kent ' s Chamber of Commerce, spoke supporting the value cf preserving the manufacturing zone on the valley floor and it' s importance not only to Kent, but to South King County. She listed several negative impacts uses such as auto 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 Hearina 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 CITY COUNCIL PLANNING COMMITTEE MINUTES JUNE 20 , 1995 PAGE 6 Kent' s comp plan, concurrency was also adopted for water, storm water, and sewer. He discussed the draft concurrency ordinance, which basically states that the City requires transportation concurrency, or mitigate the impact to obtain concurrency, as well as for water, storm water and sewer. Mr. Lubovich said although this issue began in Planning, it is now more of a Public Works agenda, and should be considered by the Public Works Committee . Mr. Lubovich said the elements of the concurrency ordinance the Council will need to consider is the type of exemptions that will be allowed, as outlined on page 14 of the draft . Chair Orr asked how senior housing exemptions will be affected by the ordinance . She said she didn' t expect an answer now, and would wait until the Public Works Committee met . Mr. Lubovich said regardless of the exemptions stated, there would always be an impact . He said policy issues would need to discussed in a Public Works workshop as there would be no development without concurrency, and without a strategy for financing, mitigation would be necessary, which could have a major bearing on impact fees for transportation. Chair Orr suggested Mr. Lubovich take the draft concurrency ordinance directly to a City Council workshop . Councilmember Woods instructed him to call for a workshop date . SCHOOL IMPACT FEES - L. Evezich Ms . Evezich said she has contacted the City of Kent School District, who have expressed that if Kent does adopt school impact fee ordinance, that it resemble closely the King County impact fee structure . She said after review of King County' s impact fees, there are some problems, but the extent of the problems have yet to be determined. Ms . Evezich said Mr. High would be available for a meeting after July 19, along with their legal counsel . She said she hopes to have a draft ordinance ready after the meeting. Councilmember Clark said he wished he could also attend the meeting, but he will be on vacation. He requested to obtain copies of the minutes from the meeting. ADDED ITEMS - Chair Orr said she is interested in forming a committee to review Kent' s Downtown Plan, due to some recent controversies over uses and the activity with the Regional Justice Center. She said she has been working with Roger; however, she has not worked out all the details . Chair Orr said if the Planning Committee agrees, she will make a formal presentation to the City Council . The Planning Committee agreed to Chair Orr' s request . PUBLIC WORKS COMMITTEE JUNE 26,1995 PRESENT: PAUL MANN TOM BRUBAKER JIM BENNETT ED WHITE TIM CLARK JOHN BOND DON WICKSTROM Future Road Extension of 100th Avenue & SE 244th St. Wickstrom stated that Council received a petition from the property owners regarding an extension of 100th Ave to SE 240th from SE 244th St. Council referred this to the Public Works Committee. Wickstrom said that at this point in time, there are no improvements planned at this time for 100th Ave between SE 240th & SE 244th. He said there is a plat ("Top of the Hill") adjacent to 244th; east of 100th that is being developed He noted that Council has approved that plat and also approved its density from 7200 sq. ft lots down to 5000 sq ft lots. The developer is doing their frontage improvement as a condition of development of that plat. They are improving their frontage on SE 244th which then will open SE 244th between 100th Ave & 104th (Benson). Wickstrom said they are also required to construct a trail along the original alignment of 100th Ave from SE 244th north to the end of the road adjacent to the East Hill Elementary School. Wickstrom said that roads in this particular area are not something that we have" in the works" that we are pursuing. They are developer oriented built type roads - as the property develops, they build their frontage and the road gets built accordingly. Wickstrom said that 100th Ave is an important north/south residential collector arterial. This particular pocket south of 240th and north of 248th, east of 94th and west of 104th is one of the highest density single family residential areas in Kent. This is one of the areas chosen in the Comp Plan to have high density single family residential lots. We need roads for good access thru the area. 100th Ave is in our Comp Plan as a non-motorized route meaning there will be bicycle lanes built in conjunction with that road. Wickstrom said that right now there is no Committee action that will open the road. It will be dependent upon the property owner that abuts the unimproved right-of-way. We haven't had any inquiries from that property owner about development so we cannot predict when this will happen. Wickstrom explained that this would follow the plat process which involves a Hearing Examiner's determination; they hold a public hearing; we determine conditions to be put on the development of the plat; those conditions are I reviewed and are made public at that meeting; at that time the Hearing Examiner takes comments from all citizens. Once the Examiner makes a recommendation on the plat conditions, those plat conditions are then approved by Council at a formal meeting. Wickstrom said that there are opportunities for citizens within the area to comment - they are notified if they are within 200 feet of that development. Wickstrom said what we are concerned about is, by not extending 100th to 240th this means all the traffic from this high density area will go thru the other neighborhood streets or, force them thru congested arterial intersections which could potentially cause safety problems. Wickstrom stated that Public Works does not support this petition at this time mainly because we see this area zoned as a high density single family residential area. He noted the following points: The extension would relieve other neighborhood streets from unnecessary traffic burdens associated with eventual full development of this. The extension would add unnecessary congestion to some of our key intersections in this vicinity which could create some safety issues. 100th Ave SE has been and is identified as a neighborhood collector arterial with the intent of tying 240th to 248th which are both minor arterials. 100th Ave SE is also classified as a primary route for non-motorized facilities in the City's Comprehensive Transportation Plan. Over the past seven years as that area has developed, 100th Ave has been developed as a collector arterial with the necessary width and curb, gutter and sidewalks accordingly. Lastly, we do have a Neighborhood Traffic Control Program that if the concerns of the citizens raised do occur, we have a program in place to try to resolve those issues. Wickstrom stated that this is the background on this issue relating to engineering. Wickstrom again reiterated that the only thing happening on 100th Ave now, is the construction of a path from 244th to the end of the existing road which is at the south property line of the East Hill Elementary School. He said that Council could take action now and say 100th Ave can never be opened or Council could wait until a plat is developed adjacent to it. At this time Mann requested that the memorandum submitted by Wickstrom to the Committee be distributed to the interested parties at the meeting. Mann then opened the meeting to questions from the citizens. The property owners in attendance expressed their concerns with the extension of 100th Ave noting that they had moved into a quiet residential neighborhood and the increase in traffic on 100th Ave would be a detriment. They also expressed concerns for their children 2 walking to the East Hill Elementary School. Wickstrom again went over the requirements of a plat being developed in their neighborhood. In response to a question from the audience regarding the criteria for road improvements, Wickstrom said a developer needs to widen the south half of the road in order to handle a lane of traffic. Regarding S. 244th St. -Wickstrom said that S. 244th is a condition of the plat. The developer needs to complete those conditions in order to build. Right now it is being improved to the east boundary line of Canterbury. He will have to construct transitions on the south side of his north piece so that the traffic will flow thru there without causing safety issues. Ed White stated we really don't have many options available for future roads in the area. If we cut people off, we would be committed to impacting roadways that are not designed for that type of traffic. There would be a limitation on emergency vehicle response as well as severely curtailing the development potential on the property. Tim Clark asked if there was a way to design S. 244th so it can provide access without ever requiring 100th Ave to be extended. Wickstrom stated that designing it is not the problem; the issue is how it fits into the overall traffic grid for the city. Everything to the south has been developed to fit that - all the improvements down to 248th have been built and were predicated upon that extension thru there. Mann asked if something could be done regarding, what he feels is a mis-communication issue between the public and city response to questions. Wickstrom stated that when we are dealing with employees who are apt to change positions and without the same employee, they may not have gathered the full knowledge of what's happening. However, now we do have a Comprehensive Plan under the Growth Management which does identify the major arterials. Clark asked about a "check off system". Mann asked if there was a way thru the city's computer network where the information could accessed. Wickstrom stated that we are not yet that sophisticated with our computer network system and to do so will take considerable manpower. Committee requested that the 100th Ave extension item be brought back to the July 10th Committee meeting for further discussion . LID 330 SEGREGATION ASSESSMENT#6 Wickstrom explained that this property is in Van Doren's Landing and we need to adjust the boundary to segregate the properties. 3 Committee unanimously recommended adoption of Resolution # for the segregation of Assessment #6 in LID 330. METRICOM. INC. Brubaker explained that this system works on an FCC unlicensed frequency and it creates a grid network system which allows portable computers to communicate with each other without using a telephone line. Brubaker asked the Committee for authorization to enter into a franchise agreement with a nominal one time fee; probably no franchise fee after that; a franchise for a term of 5 years renewable for an additional 5 years. Metricom's representative stated that they are offering a reduced rate for city access to the cities where they have facilities in place. Committee unanimously recommended that the Metricom Inc Franchise Ordinance be presented for a first reading at the next Council meeting. Meeting adjourned: 5:30 p.m. 4