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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/02/1995 Calty of Kent City Council Meeting Agenda CITY OF F Mayor Jim White Council Members Judy Woods, President Jim Bennett Jon Johnson Tim Clark Paul Mann Christi Houser Leona Orr May 2, 1995 i Office of the City Clerk CITY OF SUMMARY AGENDA KENT CITY COUNCIL MEETING May 2, 1995 Council Chambers 97: 00 p.m. MAYOR: Jim White COUNCILMEMBERS: Judy Woods, President Jim Bennett Tim Clark Christi Houser Jon Johnson Paul Mann Leona Orr CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS A. Proclamation - National Day of Prayer B. Drinking Driver Task Force Design Contest Recognition Ceremony C. Introduction of Mayor's Appointees D. Employee of the Month E. Proclamation - Correctional Officer i ajx- IU1j%, _ d F. Proclamation - Marilyn Soper Day G. Regional Justice Center Update N. D4wof 2 . PUBLIC HEARINGS A. Jones/Hobbs Annexation Zoning AZ-94-1 (Second Hearing) - ordinance 2, B. 26th Place South Street Vacation STV-95-3 C. Drainage Utility Financial Plan and Revenue Program - Resolution and Ordinance f 3 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. Transit Advisory Board Appointments D. Highline Water District Intertie Agreement E. S. 212th HOV Lanes - Ordinance 7 < , y F. Explorer Post - Funding Request G. Beck Annexation Zoning AZ-95-2 - Set Hearing Dates H. Lindental Phase I - Bill of Sale I . Council Absence ( EXt, )e) fi (�f l� V� 1.L 1C4 ' tiUG� i 4 . OTHER BUSINESS A. Ladum Rezone RZ-94-2 B. Adult Use Zoning Amendment ZCA-95-1 5. BIDS A. James Street/4th Avenue North Improvements 6 . CONTINUED COMMUNICATIONS 7 . REPORTS EXECUTIVE SESSION - Pending Litigation - Possible Action 8 . ADJOURNMENT (j La 6M i�j .NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent(206)854-6587. PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Proclamation - National Day of Prayer B) Drinking Driver Task Force Design Contest Recognition Ceremony C) Introduction of Mayor's Appointees D) Employee of the Month E) Proclamation - Correctional Officer Da-y- LJkt,,. , F) Proclamation - Marilyn Soper Day G) Regional Justice Center Update � VWv i ; ,Vol Kent City Council Meeting Date May 2 , 1995 Category Public Hearings 1. SUBJECT: JONES/HOBBS ANNEXATION ZONING AZ-94-1 tffEeeNP— 2 . SUMMARY STATEMENT: This public hearing is the second of two hearings on the proposed initial zoning of the Jones/Hobbs Annexation Area. The first hearing was held on March 21, 1995. The Planning Commission has recommended approval of Alternative 1, changing the northern two parcels from R1-12 to R1-20. 3 . EXHIBITS: Staff memo, staff report, Planning Commission minutes of 2/27/95 and ordinance 4 . RECOMMENDED BY: Planning Commission (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. E ENDITURE REQUIRED: $ SotXCE OF FUNDS: l he �Ylayor o�ened the Pub/�� �iea��i� die/� OPEN HEARING• A✓ere n 0 e-u n� �° Pr/t5 ors Yfie Q �e wee a_na/ GOODS /v1o✓Ea c./ote the Pu 6/�C hr°a�� . PUBLIC INPUT: rlOrk Se co -7&-cl u, id ��i� rYlofior� C'-Errri'ec�. CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember J OA nSon moves, Councilmember �7/a ✓K seconds to approv the Planning Commission's recom- mendation for approval of Alternative 1, changing the northern two parcels from R1-12 to R1-20 and to adopt Ordinance No. including the map exhibit. DISCUSSION: ACTION: Council Agenda Item No. 2A CITY OF /_0?\122 �I JS CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM April 27, 1995 TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: KEVIN O'NEILL, SENIOR PLANNER SUBJECT: JONES-HOBBS ANNEXATION AREA INITIAL ZONING #AZ-95-1 - CITY COUNCIL HEARING AND ORDINANCE On March 21, 1995, the City Council held the first of their public hearings on initial zoning for the Jones-Hobbs annexation area. There was no public testimony received at the March 21 hearing. On May 2 the second public hearing will be conducted, since City code requires the City Council to hold two public hearings on zoning for annexation areas. Attached is a draft ordinance adopting zoning for the Jones-Hobbs area as recommended by the Planning Commission at their February 27, 1995 hearing. At their hearing, the Commission considered three alternative zoning designations prepared by staff, which are outlined in the attached staff report. After considering the public testimony and asking questions of staff, the Commission is recommending a zoning configuration which most closely resembled Alternative 1 as outlined in the staff report, although this alternative was amended by designated the parcels at the north end of the annexation area R1-20. The zoning recommended by the Planning Commission is consistent with the Comprehensive Plan Map designation for this area, which is SF, Single Family Residential. Planning Department staff will be available at the May 2 hearing to further explain the proposed for the Jones-Hobbs annexation area and the draft ordinance. KON/mp:a:j ohozon.mem Attachments cc: James P. Harris, Planning Director Fred Satterstrom, Planning Manager CITY OF 1)7OMUV IT CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 �vucc�� MEMORANDUM February 27, 1995 TO: KENT MORRILL, CHAIR, AND MEMBERS OF THE PLANNING COMMISSION FROM: KEVIN O'NEILL, SENIOR PLANNER SUBJECT: PROPOSED JONES-HOBBS ANNEXATION AREA INITIAL ZONING #AZ- 95-1 Introduction In October of 1994, the City Council approved the annexation of the area known as the Jones- Hobbs Annexation Area into the City of Kent. This area, which is approximately 23 acres, is generally bounded by South 218th Street to the north, South 222nd Street to the south, 92nd Avenue South to the west, and 100th Avenue South to the east (see attached Vicinity Map). The subject area is directly adjacent to the Everson Annexation Area, which was annexed to the City in January of 1994. Zoning for the Everson Annexation Area was approved by the City Council in September, 1994. Subsequent to the annexation of the Jones-Hobbs 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 February 27 hearing. Existin�Land Uses The entire annexation area, and the area surrounding it, 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 some platted lots located to the north and west of the annexation area, and a' subdivision is now being constructed to the south of the annexation area on the south side of S. 222nd Street. Garrison Creek Park is located adjacent to the northwest section of the subject area The attached vicinity map shows parcel lines in the annexation area and in the surrounding vicinity. MEMO TO: Kent Morrill, Chair, and Planning Commission Members SUBJECT: Jones-Hobbs Annexation Area Initial Zoning #AZ-95-1 PAGE 2 Environmental Constraints The entire annexation area is distinguished by west-facing slopes. For the most part, slopes in the annexation area range from 10 to 15 percent. However, the northwest portion of the annexation area is intersected by Garrison Creek, which is surrounded on both sides by slopes exceeding 75 percent. Garrison Creek is designated as a major creek on the Kent Hazard Area Development Limitations map, and is designated as a Class II salmonid creek in the Soos Creek Community Plan. The steep slopes adjacent to the 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. This requirement will 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 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 the subject area was GR-S-P, Growth Reserve, with an underlying zoning of 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 went 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 city. The RS-7200 zoning district allowed one unit per 7,200 square feet of land, and is comparable to the R1-7.2 zoning district within the City of Kent. The P- suffix in the previous King County zoning refers to specific requirements regarding environmental protection and development standards. Commehensive Plan and Zoning Analvsis The subject area is designated as Single Family 1-8 units per acre in the Soos Creek Community Plan. The Kent Comprehensive Plan designates the subject area as Single Family. The Draft Comprehensive Plan which is being considered by the City Council designates the area as Single /Family 1-8 units per acre, which is consistent with the Soos Creek Community Plan MEMO TO: Kent Morrill, Chair, and Planning Commission Members SUBJECT: Jones-Hobbs Annexation Area Initial Zoning #AZ-95-1 PAGE 3 designation. The Kent 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 to the west of the subject area, which is located in the City of Kent, is zoned R1- 20 and R1-12. Sites to the west are intersected by Garrison Creek and steep slopes, which is the reason behind the low density zoning in this area. Properties to the north, south, and east of the annexation area are located in King County. In December, 1994, King County adopted a new zoning code to implement the County's Comprehensive Plan which was prepared to implement the Growth Management Act. The areas which were previously zoned GR-5 with underlying RS-7200 were changed to R-6. The new R-6 zoning district allows a base density of six units per acre, and a maximum of nine units per acre. Therefore, the properties adjacent to the subject area to the north, east, and west are now zoned R-6. Zoniniz 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 Comprehensive Plan and the Soos Creek Community Plan. 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 zone the majority of the subject area as R1-7.2, which is consistent with the zoning of surrounding properties to the south, east, and north in King County. The three parcels on the north end of the subject area would be zoned R1-12 since Garrison Creek, and the associated ravine, intersect all three of these parcels, and minimizes the development potential of these lots. Alternative 2 - The second alternative is similar to the first in that all of the parcels located on South 222nd Street would be zoned R1-7.2. However, this alternative would designate the northern parcels as R1-20, since these parcels are constrained, and to be consistent with the City's zoning designation to the west. The two parcels located south of Garrison Creek Park would be designated as R1-12, since the northern portions of these parcels are intersected by the ravine, MEMO TO: Kent Morrill, Chair, and Planning Commission Members SUBJECT: Jones-Hobbs Annexation Area Initial Zoning #AZ-95-1 PAGE 4 which would limit development potential on these lots. This zoning designation would also be consistent with the zoning to the west of these parcels. Alternative 3 The third alternative would result in the least density of the three alternatives. The three parcels east of Garrison Creek Park would be zoned R1-20, which is similar to Alternative 2. The parcels on the southern portion of the annexation area would be zoned R1-12. The zoning proposed under this alternative would be the most consistent with the zoning designations to the west in the city limits, in that both the R1-20 and R1-12 areas which are located to the west would be extended into the annexation area. In summary, Alternative 1 would be the most consistent with the surrounding zoning in King County, while Alternative 3 would be most consistent with the City of Kent's existing zoning to the west. Alternative 2 would generally allow higher densities on the parcels with the fewest environmental constraints, and would to varying degrees restrict development on the parcels which are affected by the Garrison Creek ravine. Staff Recommendation Staff recommends that the Planning Commission recommend to the City Council the zoning designation outlined in Alternative 2 for the Jones-Hobbs Annexation Area. KO cc: James P. Harris, Planning Director Fred Satterstrom, Planning Manager JONE0 / HOBS $ ANNEXATION AREA i 2 20.TM -- � x a } 4 b. 2or n 'P 7M y1 - - f 98 ZWT8 9T I o a n - . 211TN ST 1 lY 212M 8T +rye a x 212 `7 et 212rN.r n n x 212r n � eu n 2I2 2101H x 212TX IL l6 2 z� 'ke 2fafl.� Y th n FA �zya n l bi n S o Y ^1 QiM!T 21 n 'e 2e Alms n 220T11]T a ✓^`��—^�(,` i1.ra n m n 9 k 220TH 77 e P i o - ,� Q F 22m a a 2221E 37 aF L x 22aTM ST I umE _ e 221 n y _ 22S sz ^ x \ca I25TM IL i J � e u. sr - 227rN n l> cr u 22eTn.r A 9 s :231 IT g �o = a cans rr 9 . 23M x 2n n _ �IT E x 222 o n S� 4 Frn-� N — --- JONES/HOBBS ANNEXATION AREA "T".r'r CITY LIMITS `—"—'—" RAILROAD TRACKS JONES / HOBBS ANNEXATION ZONING ALTERNATIVE 1 \ I cl I // llllll JJJ JJJ 77 1 (� \ 1 c.; / J /70 kv ti [F�j 1), JONES/HOBBS ANNEXATION AREA N CITY LIMITS 7nrTTrTr W)UNM n nv JONES / HOBBS ANNEXATION ZONING ALTERNATIVE 2 37 . CD \\\ tR\ TH Imo- � � �1 ` </�< ! i • \ �j f i JONES/HOBBS ANNEXATION AREA N '- CITY LIMITS DONE S / HOB B S ANNEXATION ZONING AL T E R NAT IVE 3 l [CD LLFJ �r N. i u 7 � �Pepe IN IN 7D, '',� � r \ � \ 1 — — \ 2 2-0 T —99 I / I NN �\ 1VI o JONES/HOBBS ANNEXATION AREA N CITY LIMITS 7ONTT1\Tf_ POTTNT)AT?V Planning Commission Minutes February 27, 1995 Discussions followed concerning a possible compromise to the specified number of adult use sites, and if staff could continue to work on the zoning to lower the number of sites, to perhaps 20. Commissioner Heineman asked Mr. Lubovich if it would be feasible for the City to put a cap on the number of adult establishments. Mr. Lubovich responded he didn't think it would work, as there are no caps on any other types of businesses in the City. Mr. Lubovich said he thought that area would fall under zoning, but he would research the possibility. He also stated he wished to go on record as being opposed to leaving the ordinance as it is, and it will lead to future problems. Commissioner Stringham said he would agree to changing the ordinance, if he could be assured that only one or two adult use establishments would be located in Kent. He said the City of Portland allowed similar zoning to what is proposed for Kent, and there are approximately 150 "nudie" bars for a population of 500,000. He said he did not want to see that happen to Kent. Discussions followed regarding the Commission's request to review the number of sites, with the intent to revise the number of sites closer to the allowable minimum, of around twenty sites. It was reiterated that adult uses could potentially be located anywhere in the City, should the ordinance remain as written. Another concern that was discussed was that businesses located near adult use establishments could be devalued. Commissioner Stringham withdrew his previous motion. Commissioner Stringham MOVED that adult use zoning #ZCA-95-1 be sent back to staff and ask that they establish an absolute minimum number of sites that the legal department feels would stand a court challenge. Commissioner Dozier SECONDED to motion. Mr. Harris said the motion was too wide open for the staff and a specific number should be stated in the motion. Commissioner Maclsaac amended the motion stating a request staff to identify twenty or fewer adult use sites. The motion CARRIED. Vote: Yea - Commissioners Dozier, Dahle, Epperly, Pattison, Stringham, Heineman, Maclsaac. Nay - Chair Morrill, Commissioner Nuss. JONES/HOBBS ANNEXATION ZONING - #AZ-95-1 Kevin O'Neill, Senior Planner gave a brief history of the Jones/Hobbs annexation area. He said this area was annexed into the City of Kent in October, 1994, and is currently zoned R1-20, an interim zoning. The area is generally located at the northwest corner of 222nd and 100 Avenue SE, with the Everson annexation area adjacent to the west. The critical areas, including a ravine and Garrison Creek were indicated on the map. Mr. O'Neill said the interim zoning by the #ZCA-95-1 Adult Use Zoning #AZ-95-1 Jones/Hobbs Annexation Zoning 5 Planning Commission Minutes February 27, 1995 - County was GR 5, the Cities equivalent of R1-7.2, before annexation. He said the purpose of tonight's deliberation is to recommend initial zoning for this area to the City Council. Mr. O'Neill introduced three maps, each depicting slightly different single family zoning alternatives. Alternative 1 map proposes the northern parcels as R1-12, the southern parcels as R1-7.2. He said this is roughly compatible to previous and surrounding King County Zoning. Alternative 2 map shows the northern two parcels as R1-20. He said these lots are subject to a 7500 set back from the ravine,- therefore development of this property would be difficult, if not, impossible. The southwest parcels are recommended R1-12 and the southeast as R1-7.2. Alternative 3 presents the lowest density, with the northerly parcels R1-20 and the southerly as R1-12. He said alternative 3 is most compatible to the most recent City of Kent zoning, in effect, extending the existing zoning boundaries to the east. Mr. O'Neill said staff recommends alternative 2, which is a mix the surrounding existing zoning, and allows development of the parcels without environmental constraints. Commissioner Stringham asked if it would be possible to zone the northern portion of the area R1-20, and the southern area R1-12, allowing for more development for single family housing and still protect the environment. Mr. O'Neill said any combination would be feasible. Chair Morrill opened the public hearing. Testimony Wayne Jones, Lakeridge Development, PO Box 146, Renton asked the Planning Commission to consider a designation of R1-7.2 for parcels Lakeridge purchased for development. He said he felt the R1-12 and R1-20 designations doesn't protect the environment, and recommended an R1-7.2 with maintained setbacks for the entire area. Rick Koopmans, 9708 S 222 St, Kent, WA said he owns 1.3 acres and the zoning alternatives affect his property dramatically. He said option 2, which zones his land R1-12, would restrict his development to only two lots. He agreed with Mr. Jones that an R1-7.2 zoning would allow more versatility to the development of his property. -He also explained that the runoff of the property flows to the west, away from the creek. Summarizing the testimony, Mr.O'Neill said alternative 1 would accommodate the second speaker, and the first speaker wanted the entire area zoned R1-7.2, which is not reflected in any of the alternatives. He repeated the zoning of the Everson annexation as R1-12. Suneil Williams, 21819 100 Avenue SE, Kent, WA said he owns the northernmost parcel and favors alternative 2, and agreed the area should be zoned r1-20. He said he has no objection to the lower lots having an R1-7.2 zoning designation. I Chair Morrill closed the public hearing. #ZCA-95-1 Adult Use Zoning #AZ-95-1 Jones/Hobbs Annexation Zoning 6 Planning Commission Minutes February 27, 1995 Commissioner Stringham MOVED to adopt alternative 1, changing the northern two parcels from R1-12 to R1-20. Commissioner Nuss SECONDED the motion. The motion CARRIED unanimously. Chair Morrill asked Mr. Lubovich if an item could be added to Agenda Items, namely election of officers. Mr. Lubovich said he could, as this meeting is not a special meeting. Chair Morrill asked for nominations for Vice Chair of the Planning Commission. Commissioner Dahle NOMINATED Commissioner Nuss, as she was previously elected before her term expired. Commissioner Heineman SECONDED the nomination. Commissioner Dozier NOMINATED Commissioner Stringham. Commissioner Epperly SECONDED the nomination. Commissioner Stringham was elected as Vice Chair. ADJOURNMENT It was MOVED and SECONDED to adjourn the meeting. The motion CARRIED unanimously. The meeting was adjourned at 8:30 p.m. - Respectfully submitted, J es P. Harris ecording Secretary #ZCA-95-1 Adult Use Zoning #AZ-95-1 Jones/Hobbs Annexation Zoning 7 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning, to implement initial zoning for approximately 23 acres of land annexed to the City of Kent and known as the Jones-Hobbs annexation area . WHEREAS, the Jones-Hobbs annexation area was officially annexed to the City of Kent on November 1 , 1994 through Ordinance number 3193 ; and WHEREAS, the annexation area is comprised of approximately 23 acres of land and is located at the northwest corner of 100th Avenue S .E. and South 222nd Street, and more particularly described as set forth in the attached Exhibit A; and WHEREAS, the Planning Commission held a public hearing to consider initial zoning on February 27, 1995 ; and WHEREAS, the Planning Commission considered various zoning alternatives and public testimony during its public hearings and recommended approval of zoning alternative #1 as presented in the Planning Department ' s staff report dated February 27, 1995 , but modified to change the zoning of the northern two parcels from Rl- 12 to R1-20 ; and WHEREAS, the proposed zoning is consistent with the Comprehensive Plan Map designation SF, Single Family Residential , in the vicinity of the annexation; and WHEREAS, the City Council has held two public hearings on the recommendation of the Planning Commission: the first hearing was held on March 21, 1995 and the second hearing was held May 2 , 1995 ; and WHEREAS, the City Council adopted the recommendation of the Planning Commission to implement the initial zoning as outlined in Alternative #1, as amended, attached hereto as Exhibit A; NOW THEREFORE, Section 1 . Pursuant to Kent City Code §15 . 09 . 055 and the laws of the state of Washington, the zoning for the area known as the Jones-Hobbs annexation area shall consist of approximately 14 . 03 acres zoned R1-7 . 2, 4 . 75 acres zoned as R1-12 , and 4 . 7 acres zoned as R1-20 , as outlined in Exhibit A. Section 2 Severability. If any one or more sections, subsections or sentences of this Chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect . 2 Section 3 Effective Date . This ordinance shall take and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1995 . APPROVED day of 1995 . PUBLISHED day of 1995 . 'I 3 ii 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 jnshobs.an 4 EXHIBIT A JONES / HOBB8 ANNEXATION AREA ZONING CD qg KH o()z VMf J/ === JONES/HOBBS ANNEXATION AREA - #AZ-95-1 x CITY LIMITS Kent City Council Meeting Date May 2 , 1995 Category Public Hearings 1. SUBJECT: 26TH PLACE SOUTH STREET VACATION STV-95-3 2 . SUMMARY STATEMENT: This public hearing is to consider an application by Dwane L. Ott to vacate a portion of 26th Place South, as referenced in Resolution No. 1425, and as shown on the accompanying map and discussed in the staff report. 3 . EXHIBITS: Staff report, map, application and resolution 4 . RECOMMENDED BY: Planning Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS- OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember moves, Coupcilmember seconds to approve/ the Manning Department's recom- mendation of approval ith conditions of an application to vacate a portion of 26t Place South, as referenced in Resolution No. 1425, and to rect the City Attorney to prepare the necessary ordinance o ' receipt of compensation and retainment of the utility sement. DISCUSSION: �� ACTION: V° Council Agenda Item No. 2B CITY OF KENT CITY OF ��r� PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM May 2 , 1995 VE : MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P . HARRIS, PLANNING DIRECTOR SUBJECT: REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF 26TH PLACE SOUTH. RECOMMENDATION: APPROVE with conditions I . Name of Applicant Dwane L. Ott 24805 Pacific Highway South Kent, WA 98032 II . Reason for Requesting Vacation The applicant states, "This property which we seek to vacate has never been used for its original intent (Interurban Ave . or 26th Place) . It is overgrown with brush and had been used for an illegal dump site . We wish to have it vacated so we can add additional property to our lots described below and also aid the City of Kent Parks Dept . in their desire to provide a walking path for their already established acreage . III . Staff Recommendation After reviewing comments from the following departments and agencies : Public Works Fire Police Parks Washington Natural Gas METRO Puget Power and conducting our own review, the Planning Department recommends that the request to vacate a portion of 26th Place South as mentioned in Resolution 1425 and shown on the accompanying map, be APPROVED with the following conditions : 1 . The City shall retain utility easements over, upon and under the property to be vacated along with rights to grant such utility easements to other public and/or private utility companies . 2 . The City shall be compensated for said vacated property at one-half the current fair market value thereof as allowed by State law. JPH/mp:a:stv95.3 72/ IT— Z' ------- -- mod--'- ; Qv- l� - - 26 Z� 26TH PLACE STREET VACATION STV-95-3 4 . AREA TO BE VACATED __ N TAIL TO: rt•�� APPLICANT: • B. ' ' Name: p1� 1NE U� Geral ? F CITY OF KENT`- !/ 220 So. 4th A, c•, p 7 1995 Address: IT7.0S NCrF1"L #,v So Kent, 14A 960�CITY OFKFP,If -Jew-1- U)�9sN -1�C3-�, PERMIT CENT TR# 1` o Phone: -,zo 9 (1 n STREET AND/Olt ALLEY VACATION APPLICATION AND PETITION Dear I•layor and Kent City Council : We, the and rsigned abutting property owners, hereby respectfully request that certain ed hereby be vacated. (General Location) Legal Description ® T TV%A+ Pour owl o� 1(o '-" P[ so . (:r: - 7 1995 l CITY OF KENT T/LTC RuR(3qN Wt rc-r/T S 3rd S,,+ioin VotUm e 1 04 {P1P75 CITY CLERK JZ �� KinCJ Ccu.,�y,Waste (.rra Aun PyOQ714 o-P So J Y8 r'y 5 �, ' 1�NO Scckh o� NcAk L-,tv tc t'11 F"tock ] � 5o c:+IT o f it)criH 1- lug Lam+ s 2 p3�K z 1 `'' BRIEF STATEMENT WHY VACATION IS BEING SOUGHT( 7-ht5 pjc QvT%j UA\ C-v WC See'-le 7`o uA-ei4fe A/ts R-eu�r bcCtl L(sL UJ. Ci-i7� (SFuTERUry�NN AU(=oR 1Gr"/'- -C tTrs c�Uc26nocen; W idF/ D2US/� !}/.i,� DNS f�c�n/ c�sEp GoR pN SI.�A(,t,g Pinyl� '=rE . WE Wrsfk ro /!-ftgsr 0•90RTG12� 5'n C<•'� Cq�J qeP PP PS-`rSc>N.�L Paooe I�r.( 70i.>U2 t-cTS DCSci=F(')i;I� f3cLpu0 AVp /1L50 tNb e'�yo� I2e'o `'k(ZiZ5 PZP+ A- w.t(i41 pafh �r iodGa,v .,lvec �y �:;I ,4I.s rcL) ACDC6TC i Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations , Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) f•iap must correspond with legal description. ABUTTING PJWERTY OWNERS TAX LOT 9 SIGNATURES AM ADDRESSES] •-,- LOT, BLOCK & PLAT/SEC. TWN. RG . / Tl�X iF 3h01 80— OS" S-A to 1.1 TNreRURI3R•V!!Es(.NTS 3,ti{Se f cM VO WRIV II I-t'Lars, F(j`01, FCc._.,,o{'/c',7cf(Cb•1'ZJ - s ir<Irc a f w�s<✓NtG-ra rV - - (aU/�O -OC7U (.Zo U 4,7-3" LOTS //-fir, J31r- 7-7- /YBYNrjaah (Z 2Ls rds cc K:..S Ce,,...Ty , $Tw!-c or LJ4-S/i•y/moo, $150.00 Fee Paid Treasurer's Receipt 140. Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Treasurer's Receipt No. Deed Accepted Date Trade Accepted Date EXHIBIT AL- PA4r--> ) r,o7A_-i9A RESOLUTION NO. I�a A RESOLUTION of the City of Kent, Washington,regarding the vacation of a portion of 26th Place South, a dedicated but unopened street, lying west of Pacific Highway in the City of Kent, and setting the public hearing on the proposed street vacation for May 2, 1995. WHEREAS, a petition has been filed by various property owners to vacate a portion of 26th Place South, a dedicated but unopened street, lying west of Pacific Highway in the City of Kent, King County, Washington; and WHEREAS, these property owners own at least two-thirds of the property abutting that portion of 26th Place South that is now being sought to be vacated; and WHEREAS, the petition is in all respects proper. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A public hearing on the street vacation petition requesting the vacation of a portion of 26th Place South shall be held at a regular meeting of the Kent City Council at 7:00 p.m.,Tuesday,May 2, 1995, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. Section 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by law. 1 Section 3. The Planning director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on May 2, 1995. TA� 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. JI WHITE, MAYOR ATTEST: 4BRENDA JACO ER, ITY CLERK APPROVED AS TO FORM: RO R A. LUBOVICH, CITY AT I hereby certify that this is a true and correct copy of Z Resolution No. passed by the City Council of the City of Kent, Washington, the day of�{ , 1995. STVACN#8.res BRENDA JAC ER, ITY CLERK 2 Kent City Council Meeting Date May 2 , 1995 Category Public Hearings 1. SUBJECT: DRAINAGE UTILITY FINANCIAL PLAN AND REVENUE PROGRAM - ORDINANCE 2 . SUMMARY STATEMENT: This date has been set for continuance of the Public Hearing on the Drainage Utility Proposed Six Year Capital Improvement Program and subsequent rate increases. The Public Works Director will give a brief update. The Public Works Committee has reviewed this issue and recommends adoption. 3 . EXHIBITS: Resolution, ordinance, Public Works memorandum and Public Works Committee minutes 4 . RECOMMENDED BY: Public Works Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCALJPERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTION: U Councilmember W6_,vvr1 moves, Councilmember seconds to adopt Resolution No. 1- 2- adopting the Six Year C. I.P. for the Drainage Utility; authorizing and approving the imple- mentation, financing and establishment of the budgets for the first second and third year's program and authorizing the sale of either councilmanic or storm drainage revenue bonds. Councilmember moves, Councilmember ��(�� seconds /(7j) to adopt Ordinance No. ��/ changing the rate charged by the // City for its storm and surface water utility. DISCUSSION: ACTION: 4� Council Agenda Item No. 2C RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, adopting a six year Capital Improvement Plan for the City' s drainage utility, establishing budgets and authorizing the sale of either councilmanic or storm drainage revenue bonds . WHEREAS, the City desires to establish a comprehensive program for the City' s drainage utility by establishing rate modifications and a new Capital Improvement Plan; and WHEREAS, a budget for the Capital Improvement Plan must be established to incorporate the drainage utility program; and WHEREAS, incorporated into the drainage utility program are rate modifications to the storm and surface water utility; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS : Section 1 . In order to implement a comprehensive drainage utility and Capital Improvement Program for storm drain improvements, the following actions are hereby approved and authorized: A. Adoption of a six year Capital Improvement Plan for the drainage utility set forth in Exhibit A, and incorporated by this reference . B . Adoption of the first, second, and third years ' capital improvements and the budgets established for the same, as set forth in Exhibit A. C. Approve pre-funding the Garrison Creek Project in 1995 ; D. Adoption of an ordinance modifying drainage utility rates and adjusting the budget to reflect the same . E. Authorization for the Finance Manager to establish interim financing as needed for the first, second, and third years ' improvements . F. Authorization for the Finance Manager to proceed with a program for sale of either councilmanic or storm drainage revenue bonds . Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1995 . 2 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 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 drainage.res 3 Table 3. 1 1995 2000 Capital improvement Program Storm Capital Projects Description 1995 1996 1997 1998 1999 2000 Total Mill Creek (Auburn) & 100 120 120 340 Mullen Slough Flood Control Improvement Valley Detention 9,453 2,830 12,263 Mill Creek Flood & 1,500 1 ,500 Erosion Control Garrison Creek Flood 570 570 1,140 & Erosion Facilities Horseshoe Acre Storm 280 280 Pump Station Miscellaneous Drainage 150 378 393 409 425 442 2,197 Improvement Drainage Improvements in 265 1,365 418 507 2,555 Concert with Road Improvements 3rd Avenue Storm Trunk, 280 280 Stream Restoration & 47 47 Streamside Tree Planting Storm Drainage Outfall 2,604 2,229 4,833 Treatment Facilities Total 250 9,951 5,678 5,555 3,072 949 25,455 EA ORDINANCE NO . AN ORDINANCE of the City of Kent, Washington, relating to the storm and surface water utility, changing the rate charged by the City storm and surface water utility to its customers for service, amending Kent City Code (KCC) 7 . 05 . 090 (previously enacted as Sections 7 . 20 . 010, . 030 , . 160 and . 210) . THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : Section 1 . K. C. C. 7 . 05 . 090 is amended to read as follows : Sec . 7 . 05 . 090 . System of charges . A. There is hereby imposed a system of charges on each parcel of real property within the city served by or to which is available for service the storm and surface water utility established by this chapter. The charges are found to be reasonable and necessary to fund administration, planning, design, construction, operation, maintenance, repair, improvement , and replacement of all existing and future storm and surface water facilities, including the accumulation of reserves and the retirement of any associated debt . B . The following charges are hereby established for all parcels of real property in the city: 1 . Residential parcels: Effective Apli! January 1 , 199- 6 , the single-family residential charge rate shall be tyre one dollars and eighty-two cents T$2- 2 ri 1 . 82 per month for each parcel having one (1) residential dwelling plus the basin-specific charge of subsection B .4 . below. Effective January 1, 199,&7, the single-family residential rate shall change to two dollars and s- -s nineteen cents ($2 .66) ($2 . 19) per month for each parcel having one residential dwelling plus the basin specific charge of KCC 7 . 05 . 090 (B) (4) . Effective January 1 1998 the single-family residential rate shall chance to two dollars and fortes four cents ($2 44) per month for each parcel having one residential dwelling plus the basin specific charge of KCC 7 05 . 090 (B) (4) . 2 . Agricultural and undeveloped parcels: Agricultural parcels shall be charged the monthly residential parcel rate . Undeveloped parcels shall not be charged. 3 . Other parcels: a. The charge for all other parcels except residential parcels, agricultural parcels and undeveloped parcels shall be based upon: (1) The total amount of impervious surface as expressed in equivalent surface units (an equivalent service unit has been determined to be two thousand five hundred 2 (2 , 500) square feet of impervious surface or any fraction thereof) ; and (2) The percentage of impervious surface area on each parcel . b. The charge for all such parcels shall be computed: (1) By multiplying the total number of ESU' s on each by the appropriate parcel impervious multiplier; and (2) Multiplying the results by the sum of the single-family residential rate and the appropriate basin- specific charge . C . Impervious multipliers are hereby established: (1) Percentage of Impervious impervious area multiplier per parcel (impervious surface/total surface x 100) 1 to 40 1 41 to 60 1 . 2 3 ;i 61 to 80 1 .4 81 to 100 1 . 6 (2) Impervious multipliers correlate the hydraulic impact of a parcel to its percentage of impervious surface per parcel . The multiplier for the average single-family residence is established as one (1) . The multiplier linearly increases as the percentage of impervious area increases . The final category has a multiplier of one and six-tenths (1 . 6) which reflects the hydraulic impact on the drainage system compared to that impact of the average single-family residence . 4 . Basin-specific charges: The city shall have all lawful power and authority to fix, alter, regulate and control charges within specific basins and subbasins . The purpose of the power and authority granted in this section is to provide for charging parcels of one (1) basin or subbasin for improvements, studies or extraordinary maintenance which specifically and solely benefit the property owners within that basin or subbasin. The basin-specific charges are denoted in the following tables and shall become effective on the dates indicated on the tables : 4 _.. Charge in dollars per ESU per month Basin Effective date Effective date Effective date Ap-r-� January 1, 19936 January 1, 199-67 January 1, 1998 Westside p 9 . 99 0 . 07 6:-0G 0 . 09 0 . 09 K, L,M, D, E, F, P&N 0 . 94 0 . 08 9 . 9� 0 . 13 0 . 13 Eastside Mill Creek Upper (G) 4-!�7 3 . 11 4 . 89 4 . 11 4 . 07 Lower (A) 4 . 93 3 . 26 S-9�7 4 . 29 4 . 81 Valley Det . (Q) 2 . 69 3 . 26 2 .S8- 4 . 29 4 . 81 Garrison Creek Lower (B) 4 . 99 1 . 21 i . 99 1 . 74 2 . 02 Upper (J & I) 1 . 83 1 . 06 1 . 82 1 . 56 1 . 85 Direct (C) 1 . 12 0 . 42 1-13 0 . 47 2 . 12 Soos Creek (H) 0 . 07 0 . 09 0 . 09 All Gth 4-4 [The boundaries of these basins and subbasins are generally indicated on Attachment "A" . ] The boundaries of the basins and subbasins are generally defined and on file in the city clerk' s office . The detailed definitions of these basins and subbasins are reflected on maps filed in the engineering division of the 5 public works department, which are available to the public for review and/or copying during normal business hours . 5 . Water quality charges: a. The city hereby authorizes and declares its intent to establish, within two (2) years of the adoption of this chapter, a water quality charge which may be added to any or all of the above rates . The purposes of such a charge will be to finance monitoring, testing, treatment and control of pollutant discharges into the storm and surface water system, including the exercise of all lawful enforcement powers of the city. A plan for developing such charges, and a schedule and budget for this project shall be submitted to the city council for review and approval within ninety (90) days of adoption of this chapter . A system of water pollution charges for storm and surface water run-off from all parcels of real property in the city shall be developed within two (2) years . b. Such charges should be based upon appropriate indices of pollutant discharges which approximate each parcel ' s contribution to the problem of water quality within storm and surface water facilities including all receiving waters . 6 . Undeveloped parcels shall be subject to all charges established under this section upon development of a parcel . Development shall be determined by the date of issuance of a building permit or any other permit for development purposes or as otherwise established by the director of public works . 6 i Section 2 . Severability. The provisions of this III ordinance are declared to be separate and severable . The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances . 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. The rates authorized by this ordinance shall become effective on the dates noted herein. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK - 7 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1995 . APPROVED the day of 1995 . PUBLISHED the day of , 1995 . I hereby certify that this is a true and correct copy of Ordinance No . passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK li strate.ord 8 ST 5.1190 ST rj wltle-ldcoma i L-w I ,1 6,2/ NORTH iz 'noM7nal,4irporl A/i?,, , Dow u S 4) 5 192 ST /, - I cSE J-P Angle "!---1 SE T96 ST I)nn ST S 200 ST r 5200 STI o 9n4, SE,20B 2 5 S 216 5T % A A 24 S SE 2'17 P 71"MMIN ,•� ', /� /r.,.. "'%�%/ jam. � � % �j% .�.// �/. / � /i /� �� /� w _�._ -n t .................. T- re W47* 272 ST t S!277 ST F, 281 ST L ta. >1 S 2S8 ST CITY OF KENT DRAINAGE BASINS Ir I GENT DRAINAC SERVICE AREA DEPARTMENT OF PUBLIC WORKS April 27, 1995 TO: Mayor & City C�ouunc I FROM: Don Wickstrom; RE: Drainage Utility CIP & Rate Proposal Since the first Hearing the original proposal has changed significantly to accommodate the concerns of the business community. A summary of these changes are reflected below. A. No rate increase for '95. B. Reshuffled the Capital Improvement Program to try to balance it over the first three years starting in '96 subject however to the financial constraints of the Valley Detention project. C. Equalize the rates between ULID 306 (0) Mill Creek Basin and of Mill Creek Lower (A) Basin. Since no ULID is proposed, rates need to be the same. D. Re-reviewed unencumbered funds balance resulting in increasing 1st years' cash contribution from $931 ,000 to $2,378,000. E. Assumed Councilmanic Bond issue versus Revenue Bond issue thus lowering revenue generation needs due to less debt coverage requirement. F. First rate increase effective January 1 , 1996 with consecutive increases on January 1 , 1997 and January 1, 1998. G. Proposed to prefund in '95 the Garrison Creek Detention project from the available cash in order to eliminate any downstream flooding potential brought on by the previous installation of the trunk system through the Benson Shopping Center. The rate impact associated with this improvement however would not incur until January of '97 and January '98 as originally scheduled in C.I.P. Results are that the revised rates are significantly less than those originally presented. In fact the '98 rates of this proposal approximate the '95 rates of the original proposal. Generally speaking, the revised '96 rate increase ranges from 1 % to 13%. The revised '97 increase ranges from 21 % to 30% and the revised '98 increase ranges from 3% to 14%. The exception to the above are Mill Creek ULID #306 (Q) Basin for '96 and Direct (C) Basin for '98. While Basin Q's increase for '96 is significant, it is more than offset by the fact that a ULID assessment originally proposed for this Basin per the Valley Detention project, will not be levied. In the case of Basin C, the significant increase in 1998 relates to the reshuffling of the improvements therein to 1998. This proposal was acceptable to the businesses involved in the discussions and is recommended by the Public Works Committee to the Council for adoption. I would point out that there was error in one of the Tables contained in the packet (Table 8-7 which reflected the net rate increase per the various 3 years). The '98 net increase was wrong and has been corrected in this packet. While this Table reflected an incorrect change for '98, the actual '98 rates noted elsewhere and used to calculate all the comparison calculation contained in said packet and/or expressed to individuals and businesses, was correct. As such, this error should not be a problem. M687 PUBLIC WORKS COMMITTEE APRIL 10, 1995 PRESENT: Paul Mann Gary Gill Tim Clark Paul Scott Leona Orr John Hillman Don Wickstrom Barbara Ivanov - Chamber Tom Brubaker Business Community Representatives ABSENT: Jim Bennett Drainage Utility Rate Increase As requested by Committee at the March 27th meeting, Wickstrom presented a historical summary of the revenue and expenses including capital improvements of the Drainage Utility since its formation in 1985. Mann then opened the meeting for discussion. In response to Tim Clark, Wickstrom explained the need for the recently constructed decant stations. In response to Clark's question on the issuance of the Corps of Engineer's permit, Wickstrom stated that we haven't as yet received the permit. He said we are waiting for the written response from Fisheries to the Corps saying everything is o.k. with Fisheries. We have received a verbal o. k. and now it is a matter of staff (Fisheries) writing a letter to the Corps and that clears all the Corps agencies. Assuming the Corps will then issue the permit, we will have three years from that date to complete our project. In response to Clark's question regarding issuance of the contracts, Wickstrom explained that we will be issuing the first year's project, that being the Valley Detention project. We would be issuing one contract to do all the earthwork and construction followed by issuing a landscaping contract the second year. George Thompson from Heath Tecna expressed his appreciation on receiving the history of the drainage utility for the last ten years. In response to Thompson's question on bond sales, Wickstrom explained that in '98 we would be looking at the '99 program and reviewing at our cash position to determine if we could implement the program without selling bonds. The entire scenario of this 6 Year Program is partly cash and partly bonds. At the end of the '98 program we would be re-evaluating and looking at '99 and 2000 to determine if we had enough cash to finance that program. Michel Gadbois from Flow International asked if we had other future capitalization projects planned, necessary to keep the valley dry. Wickstrom explained that after we get thru the '98 program the projects will be more water quality related. These are part of the Regional 6 Year Capital Improvement Program. 1 Barbara Ivanov from the Chamber extended her appreciation on receiving the complete history of the Drainage Utility. Committee unanimously recommended adopting the 6 Year C.I.P. for the Drainage Utility; authorizing and approving the implementation, financing and establishment of the budgets for the '95 (revised from adopted budget including pre-funding Garrison Creek project), '96, '97, and '98 year's program thereof; authorizing the sale of Councilmanic or Storm Drainage Revenue Bonds and , adopting the revised proposed '96, '97 and '98 Drainage Utility Rates. Meeting adjourned: 4:50 p.m. 2 DEPARTMENT OF PUBLIC WORKS April 10, 1995 TO: Public Works Committee FROM: Don Wickstromuu RE: Drainage Utility Rate Increase If you recall, action on this item was deferred to this meeting in order to allow time for the Public Works Department to prepare a historical summary of the revenue and expenses, including capital improvements of the utility since its formation, as requested by the Chamber. This summary is included herein and was faxed earlier . to the interested parties. Also included herein is the packet from the last meeting containing the Committee Action (duplicated below) being sought. Further enclosed is a listing of the more significant elements of the drainage system for which the City is responsible for the day to day operation and maintenance thereof. The present value of said system, were it to be built today, is estimated at $100,000,000. ACTION: Committee recommends adopting the 6 Year C.I.P. for the Drainage Utility; authorizing and approving the implementation, financing and establishment of the budgets for the '95 (revised from adopted budget including pre-funding Garrison Creek project), '96, '97 and '98 year's program thereof; authorizing the sale of Councilmanic or Storm Drainage Revenue Bonds and, adopting the revised proposed '96, '97 and '98 Drainage Utility Rates. M678 r l0 M r'i 01 _.. ifl M O O 01 coM F- N eN-I M � d O CO O N Olt t� Lf') CO Cl) M M O 00 N r-I M m rl r N LO l0 .-� - Ln N N 1l� 00 r-I r� -�J- -,:I- rl CJ1 CO 110 �t ri - N r7 O) 110 co 'cF M m O M N N r♦ rn N O 00 I" O .--i N m O co -I N W r C m co d' 00 .--1 ... r r0'ct CC) O .r Ol m m M . ' � O a) C O Q)r0 >>LO ri C a)oo v L 4- co O O LO lZr O O a) CO N ri L r0 LO � W l.0 O N d (n ri r♦ LO d' d• Ol LO LO Cdl 00 CD Olt C:) 00 1.0 r-I •-i L E 4- V) N U a)U C C C r a) C) a) I-i n•n > n. ro O a) X W C U r O_ O r r6 C C m L ¢ r0 to (0 C N C.CL L L a) 4-) 7 r0 a) a > 0 CU O 0 O 1985 - 1995 Drainage Utility Capital Projects Green River Levee Reconstruction 328,000 At 212th Green River Levee Reconstruction 300,000 At Meeker. Street and emergency repair at Boeing north of 212th Green River Levee Improvement 500,000 From West Valley Highway to Russell Road with spot improvements between Russell Road and Meeker, and north of Meeker Lake Fenwick 603,000 Water quality improvements 212th/42nd Avenue Improvements 178,000 Johnson Creek Culvert crossing replacement 212th Street Storm Drainage System Modifications 40,000 West of Frager Road East Valley Highway Improvement (192nd - 180th) 785,000 Box culvert at Spring Brook and a storm trunk system within roadway Maintenance Equipment 250,000 Vactor Truck and Backhoe Meeker Street Improvement (Green River Bridge - West Valley Highway) 894,000 Storm trunk system within roadway and 61st Avenue channel improvement to James Street Valley Detention and Trunk System 6,590,000 282 acres .of property acquisition for detention facility and 22 acres of property acquisition for channel right of way, including various environmental and engineering studies, final design work and miscellaneous channel construction work Lower Garrison Creek Detention Facility 485,000 25 acres of property acquisition Upper Garrison South Branch Detention Facility 195,000 10 acres of property acquisition Garrison Creek East Branch Detention Basin Project 252,000 1/3 participation with State 5th Avenue Storm Drainage Improvements (Gowe to Saar) 110,000 Titus Street Storm Drainage Improvements (4th Avenue to 1st Avenue) 110,000 Central Avenue Storm Drainage Trunk Line (James to Gowe) 899,000 Smith Street Improvement (Railroad Avenue to Jason) 139,000 Storm trunk extension within roadway Central Avenue Street Improvement (Meeker to Titus) 75,000 Storm trunk extension south of Gowe Street and Gowe Street Storm work Kensington Drainage Improvement 30,000 South of Reiten Road and south of Chicago Drainage Improvements (Russell Street/Railroad Avenue) 15,000 Canyon Storm Drainage Outfall Improvement 88,000 Morton Street if extended easterly of Central Avenue North Park Area Storm Drainage System 44,000 3rd Avenue (South of Willis Street) Storm Detention and Trunk 1,200,000 System Improvements Acquisition of 2.5 acres for detention site complete with balance of project in the design stage Mill Creek Culvert Crossing and Trunk Line 100,000 Crossing Smith through the Senior Center Saar Street Storm Drainage Line 55,000 3rd Avenue to 2nd Avenue Upper Mill Creek Detention Basin Expansion 765,000 and Property Acquisition James Street Improvement (108th to 116th Avenue) 240,000 Storm trunk system within roadway ..Upper Garrison Trunk System Improvements (Benson Shopping Center) 1,100,000 Mill Creek Flood and Errosion Control Improvements 1,000,000 In design phase 94th Avenue Storm Drainage Trunk Line 90,000 Canyon Drive Improvements (Jason to Weiland) 150,000 Storm drainage system within roadway Maple Street Trunk Line, Reiten Road Trunk Line, 100,000 Walnut Street Trunk Line Horshoe Acres Storm Water Pump Station Improvements 100,000 Cambridge East Storm Drainage Outfall Reconstruction 300,000 Reith Road Improvement (38th Avenue to 254th Street) 14,000 Culvert crossing rebuild Mill Creek (Auburn) Drainage Studies 275,000 Midway Creek Storm Drainage Outfall Project 150,000 5 Decant Stations 75,000 .242nd and 98th Avenue Drainage Improvements 20,000 Water Quality Sampling Station 104,000 Streamside Restoration/Tree Planting 73,000 Water Quality Program 169,000 Dam Safety Program 15,000 Spoils Disposal Facility 100,000 218th Storm Drainage Improvement (East of East Valley Highway) 167,000 Total Capital Projects 19,272,000 Less: Grant Income, City Funds, LID's and Other Income 4,537,000 Total Funded From Operations and Revenue Bonds 14,735,000 City of Kent Storm Sewer System Statistics 4/5/95 Closed Pipe/Box 126 Miles Catch Basins 4,503 Manholes 1 ,153 Type II Catchbasins 933 Detention Ponds 38 Open Ditch 36 Miles Pumping Stations 2 M679 DEPARTI\El\'T OF PUBLIC WORKS March 33, 1995 TO: Public Works Committee FROM: Don Wickstrom RE: Drainage Utility Rate Increase The attached packet reflects our revised proposal for subject rates. In developing same, the following elements were a part thereof. A. No rate increase for '95. B. Reshuffled the Capital Improvement Program to try to balance it over the first three years starting in '96 subject however to the financial constraints of the Valley Detention project C. Equalize the rates between ULID 306 (Q)Mill Creek Basin and of Mill Creek Lower (A) Basin. Since no ULID is proposed, rates need to be the same. D. Re-reviewed unencumbered funds balance resulting in increasing 1st years' cash contribution from $931,000 to $2 379,000. E. Assumed Councilmaric Bond issue versus Revenue Bond issue thus lowering revenue generation needs due to less debt coverage requirement. F. First rate increase effective January 1, 1996 with consecutive increases on January 1, 1997 and January 1, 1998. G. Proposed to prefund in '95 the Garrison Creek Detention project from the available cash in order to eliminate any downstream flooding potential brought on by the previous installation of the trunk system through the Benson Shopping Center. The rate impact associated with this improvement however would not incur until January of '97 and January '98 as originally scheduled in C.I.P. Resulting outcome is that the revised rates are significantly less than those originally presented. In fact the '98 rates of this proposal approximate the '95 rates of the original proposal. Generally speaking, the revised '96 rate increase ranges from 1% to 13%. The revised '97 increase ranges from 21% to 30% and the revised '98 increase ranges from 3% to 14%. The exception to the above are Mill Creek ULID 4306 (Q) Basin for '96 and Direct (C) Basin for '98. While Basin Q's increase for '96 is significant, it is more than offset by the fact that a ULID assessment originally proposed for this Basin per the Valley Detention project, will not be levied. In the case of Basin C, the significant increase in 1998 relates to the reshuffling of the improvements therein to 1998. The Public Works Department thus recommends the adoption of the revised C.I.P and rate proposal. ACTION: Committee recommends adopting the 6 -Year C.I.P. for the Drainage Utility; authorizing and approving the implementation, financing and establishment of the budgets for the '95 (revised from adopted budget including pre-funding Garrison Creek project), '96, '97 and '98 year's program thereof; authorizing the sale of Councilmanic or Storm Drainage Revenue Bonds and, adopting the revised proposed '96, '97, and '98 Drainage Utility Rates. M663 Table 3. 1 1995 - 2000 Capital Improvement Program Storm Capital Projects Description 1995 1996 1997 1998 1999 2000 Total Mill Creek (Auburn) & 100 120 120 340 Mullen Slough Flood Control Improvement Valley Detention 9,453 2,830 12,263 Mill Creek Flood & 1,500 1,500 Erosion Control Garrison Creek Flood 570 570 1,140 & Erosion Facilities Horseshoe Acre Storm 280 280 Pump Station Miscellaneous Drainage 150 378 393 409 425 442 2,197 Improvement Drainage Improvements in 265 1,365 418 507 2,555 Concert with Road Improvements 3rd Avenue Storm Trunk 280 280 Stream Restoration & 47 47 Streamside Tree Planting Storm Drainage Outfall 2,604 2,229 4,833 Treatment Facilities Total 250 9,951 5,678 5,555 3,072 949 25,455 Comparison of 1st Year Rate Scenarios Existing Original Revised Basin Rate Proposal Proposal Westside: Basin 0 1.75 2.24 1.89 Mill Creek (Auburn) , Johnson Creek, Midway Creek & Mullen Slough (K,L,M,D,E,F,P & N) 1.76 2.27 1.90 Eastside: Mill Creek Upper (G) 4.38 7.01 4.93 Lower (A) 4.51 7.17 5.08 ULID 306 (Q) 2.23 4.93 5.08 Garrison Creek Lower (B) 2.98 4.23 3.03 Upper (J&I) 2.84 4.07 2.88 Direct (C) 2.11 3.36 2.24 Soos Creek (H) 1.75 2.24 1.89 Comparison of 2nd Year Rate Scenarios Original Revised Basin Proposal Proposal Westside: Basin 0 2.66 2.28 Mill Creek (Auburn) , Johnson Creek, Midway Creek & Mullen Slough (K,L,M,D,E,F,P & N) 2.70 2.32 Eastside: Mill Creek Upper (G) 7.81 6.30 Lower (A) 7.99 6.48 ULID 306 (Q) 5.75 6.48 Garrison Creek Lower (B) 4.65 3.93 Upper (J&I) 4.48 3.75 Direct (C) 3.79 2.66 Soos Creek (H) 2.66 2.28 i Comparison of 3rd Year Rate Scenarios Original Revised Basin Proposal Proposal Westside: Basin 0 2.76 2.53 Mill Creek (Auburn) , Johnson Creek, Midway Creek & Mullen Slough (K,L,M,D,E,F,P & N) 2.82 2.57 Eastside: Mill Creek Upper (G) 8.15 6.51 Lower (A) 8.49 7.25 ULID 306 (Q) 5.84 7.25 Garrison Creek Lower (B) 4.75 4.46 Upper (J&I) 4.56 4.29 Direct (C) 4.47 4.56 Soos Creek (H) 2.76 2.53 Table 8.7 Proposed Service Rate Increase 1996, 1997 & 1998 1996 1997 1998 Basin Increase Increase Increase Westside: Basin 0 0 .14 0.39 -9.19 0.25 Mill Creek (Auburn) , Johnson Creek, Midway Creek & Mullen Slough K,L,M,D,E,F,P & N 0.14 0.42 -e.11 0.25 Eastside: Mill Creek Upper (G) 0.55 1.37 -0.85- 0.21 Lower (A) 0.57 1.40 -6.28 0.77 ULID 306 (Q) 2.85 1.40 -0.2B 0.77 Garrison Creek Lower (B) ' 0.05 0.90 -0-09- 0.55 Upper (J&I) 0.04 0.87 -6.09 0.54 Direct (C) 0.13 0.42 -0.32- 1.90 Soos Creek (H) 0.14 0.39 -G.19 0,25 * CORRECTED NUMBERS _J S;180 s- mol A,orf 77 NORTH 7,r 18 , S 192.S" 21;am of S- 196 S7 AP ;-T S 200 ST S 200 ST P. 10C �77 S 200 S-i Ll ,IV �j LJ I ct,-v j- SUNNI, Vv u LL if -S�212-= 9.-- ILL=j g - �c 216 ST I- rL 2 815-1 I NO ✓ Ay F= - IS 222 ST, IS 223 STJII I MORE 7- �W, ll� Fgi 6 //��'Gr �/ /��/ter,//��jf/ji /, � , 2A S-,l MORT/ Oil rg S ST I r7 I 51277 ST W 281 IS7 I kk J- > L s 7pp JI KENT DRAINAGE KENT DRAINAGE BASINS FIGURE 1 SERVICE AREA Boeing - Comparison of 1st Year Rate Scenarios Existing Original Revised ESU's Rate Proposal Proposal Basin A 4,341.93 19,582.10 31.131.64 22,057.00 Basin B 174.54 520.13 738.30 528.86 Total/Month 20,102 31,870 22,586 Total/Year 241,227 382,439 271,030 Boeing Comparison of 2nd Year Rate Scenarios Original Revised ESU's Proposal Proposal Basin A 4,341.93 34,692.02 28,135.71 Basin B 174.54 811.61 685.94 Total/Month 35,504 28,822 Total/Year 426,044 345,860 Boeing - Comparison of 3rd Year Rate Scenarios Original Revised ESU's Proposal Proposal Basin A 4,341.93 36,862.99 31,478.99 Basin B 174.54 829.07 778.45 Total/Month 37,692 32,257 Total/Year 452,305 387,089 Heath Techna - Comparison of 1st Year Rate Scenarios Existing Original Revised ESU's Rate Proposal Proposal Basin A 35.62 160.65 255.40 180.95 Basin B 494.64 1,474.03 2,092.33 1,498.76 Total/Month 1,635 2,348 1,680 Total/Year 19,616 28,173 20, 157 Heath Techna Comparison of 2nd Year Rate Scenarios Original Revised ESU's Proposal Proposal Basin A 35.62 284.60 230.82 Basin B 494.64 2,300.08 1,943.94 Total/Month 2,585 2,175 Total/Year 31,016 26,097 Heath Techna Comparison of 3rd Year Rate Scenarios Original Revised ESU's Proposal Proposal Basin A 35.62 302.41 258.25 Basin B 494.64 2,349.54 2,206.09 Total/Month 2,652 2,464 Total/Year 31,823 29,572 Kent Schools - Comparison of 1st Year Rate Scenarios Existing Original Revised ESU' s Rate Proposal Proposal Basin A 170.87 770.62 1,225.14 868.02 Basin G 238.08 1,042.79 1,668.94 1.173.73 Basin I 100.99 286.81 411.03 290.85 Basin J 55.91 158.78 227.55 161.02 Basin Q 130.75 291,57 644.60 664.21 Total/Month 2,551 4,177 3,158 Total /Year 30,607 50,127 37,894 Kent Schools Comparison of 2nd Year Rate Scenarios Original Revised ESU's Proposal Proposal Basin A 170.87 1,365.25 1,107.24 Basin G 238.08 1,859.40 1,499.90 Basin I 100.99 452.44 378.71 Basin J 55.91 250.48 209.66 Basin Q 130.75 751.81 847.26 Total/Month 4,679 4,043 Total/Year 56,153 48,513 Kent Schools Comparison of 3rd Year Rate Scenarios Original Revised ESU's Proposal Proposal Basin A 170.87 1,450.69 1,238.81 Basin G 238.08 1,940.35 1,549.90 Basin I 100.99 460.51 433.25 Basin J 55.91 254.95 239.85 Basin Q 130.75 763.58 947.94 Total/Month 4,870 4,410 Total /Year 58,441 52,917 /Z11 CONSENT CALENDAR 3 . City Council Action: Councilmember 1AI) moves, Councilmember seconds that Consent Calendar Items A through -1 be pproved. Discussion Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of April 18, 1995. 3B. Approval of Bills. Approval of payment of the bills received through April 14 and paid on April 14, 1995 after auditing by the Operations Committee on April 26, 1995. Approval of checks issued for vouchers: Date Check Numbers Amount 4/1/95-4/14/95 153929-154404 $1,470,419. 63 Approval of checks issued for payroll for April 1 through April 15, 1995 and paid on April 20, 1995. Date Check Numbers Amount 4/20/95 Checks 202485-202807 $ 262 , 533 . 10 Advices 23569-23949 $ 493 , 587. 37 $ 756, 120. 47 Council Agenda Item No. 3 A-B Kent, Washington April 18, 1995 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. at Totem Junior High School by Mayor White. Present: Councilmembers Clark, Houser, Johnson, Mann, Orr and Woods, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom and Police Chief Crawford. Councilmember Bennett was excused from the meeting. Approximately 70 people were at the meeting. PUBLIC National D.A.R.E. Day. Mayor White read a pro- COMMUNICATIONS clamation noting that Kent students ranging from kindergarten through sixth grade participate in the Drug Abuse Resistance Education Program, and proclaiming April 20, 1995 as National D.A.R.E. Day. He encouraged all citizens to participate in D.A.R.E. activities, making a visible statement that we are strongly committed to a drug-free community. The proclamation was presented to Police Officer Steve Holt. Volunteer Week. The Mayor noted that the City has volunteers working in numerous departments and offices, as well as serving as members of various boards, commissions and committees, and proclaimed April 24-28, 1995, as Volunteer Week in the City of Kent. He urged all citizens to acknowledge the contributions of these valued volunteers. The proclamation was presented to the City Clerk. Youth Program Briefing. Lori Hogan, representing Parks Director John Hodgson, thanked the Mayor and Council for their support for youth and teen pro- grams. She noted that current projects include apartment based recreation, teen leadership camp, a mobile unit with recreation equipment, outdoor and environmental programs, a pilot scholarship program, possible late night recreation, before and after school programs, job readiness work- shops, summer youth employment, and Project Lighthouse. She added that they are looking forward to expanding the Lighthouse to West Hill, possibly at Totem Junior High. Hogan stated that the city's Youth Committee developed the "We Value Youth" concept, among other projects. She noted that the Art Reclamation Program at Glenn Nelson Park will be started right away. Mayor White added that a park will be built on Military Road on a site which the City of Seattle had considered using for a water tank. He explained that the City has recently purchased the site and will work with the neighborhood to develop a park. 1 April 18, 1995 PUBLIC Comprehensive Plan. Dale McLerran, 14520 28th NE, COMMUNICATIONS Seattle, asked the Council to examine the zoning that was recommended unanimously by the Planning Commission and modified as an addendum at the last Planning Committee meeting. Phil Van Eynde, 8726 126th Avenue NE, Kirkland, asked to address the Council regarding Addendum A to the Comprehensive Plan as it had been recom- mended by the Planning Commission. He read a letter regarding the rezoning efforts of the owners of properties located at 10605, 10707 , 10717, 10723 and 10805 S.E. 248th Street which stated that Councilmember Orr put forth a last moment attempt to change the Comprehensive Plan to suit her personal agenda and that denying the property owners the density that their neighbors have been granted is a classic example of bureau- cratic confiscation of property and property rights. The letter also stated that Councilmember Orr did not attend any of the Planning Commission meetings, and that she attempted to "slip one in". The letter requested that the Council reconsider the rezone of these properties. WOODS MOVED to make Van Eynde's letter a part of the public record. Mann seconded and the motion carried. Woods suggested that comments on the Comprehensive Plan be made when that issue is being considered later in the meeting. Woods then said that Van Eynde's letter is a blatant personal attack on Councilmember Orr. She noted that it is not the role of a Councilmember to participate in Planning Commission hearings, and she explained that the Planning Commission holds public hearings, processes the information, and makes a recommendation to the City Council. She reiterated that it would have been wrong for Councilmember Orr to attend the Planning Commis- sion meetings and that she should not be faulted for not being there. Woods pointed out that there is an almost immediate opportunity to refine the Comprehensive Plan. Orr thanked Dr. Woods for her comments and noted that although the property owners have said they are surrounded by multi-family with no potential for single-family, there are in fact at least three single-family homes being built adjacent to one of the properties. 2 April 18, 1995 COMPREHENSIVE (OTHER BUSINESS - ITEM 4A) PLAN Rent Comprehensive Plan CPA-94-1 The Planning Committee has recommended adoption of the proposed Kent Comprehensive Plan. Adoption of the Plan culminates a three-year process which has included extensive public input, and is mandated by the State Growth Management Act. Once adopted, the Comprehensive Plan will be reviewed and revised annually. (Comments from Dale McLerran and Phil Van Eynde on the Comprehensive Plan were also made earlier in the meeting. See Public Communications, page two. ) Orr noted that in 1990 staff began a process designed to get the most input possible before submitting a plan to the Planning Commission. She noted that in 1992 the Council adopted framework planning goals and an interim urban growth boundary. She added that a community forum con- sisting of a video presentation, a survey of citizens and a visual preference survey was held in 1992 . Open houses were held in 1993 to present the results of the forum and survey, and to re- ceive additional public comment. In 1994 a second community forum with a second video was conducted and citizens were encouraged to present their views. Orr noted that a draft proposal was sent to the Planning Commission and in 1994 the Commission held five public hearings, taking at least ten hours of public testimony. She said the recommendations were sent to Council in January 1995 and Council directed the draft plan to go to the Planning Committee for additional public comment and final recommendation to the Council. Orr pointed out that the Planning Committee held three special meetings to address issues related to the Comprehensive Plan. She noted that all parties who testified at the Planning Commission were notified of the meetings, and that testimony was taken. Orr said the proposed plan achieves the goals set by Council that are supported by the majority of citizens. She said the City will be able to reach the projected population growth without the creation of additional multi-family zones on East or West Hills, which is the desire of the citizens. Orr noted that they have worked with neighboring jurisdictions and King County to 3 April 18, 1995 COMPREHENSIVE identify mutually acceptable boundaries and PLAN potential annexation areas. She noted that the Plan will be reviewed annually Orr indicated that at today's Planning Committee meeting a recommenda- tion was made on the procedure for the annual review and that that proposal will be brought to Council soon. Orr thanked everyone who participated in this process, and commended the staff for their support in putting the Plan together. She then MOVED to adopt Ordinance No. 3222 adopting the Kent Com- prehensive Plan including Exhibits A through E, and Exhibit F as recommended unanimously by the Planning Committee earlier today, and recommended that all communication received be made part of the public record. Johnson seconded. Dale McLerran, 14520 28th NE, Seattle, noted that the Benson corridor is an area of commercial development and that just east of the Benson corridor on the south side of 248th is a con- siderable amount of multi-family residential development with the exception of six acres. He added that across the street is an area of low density single-family housing and the Morrill property which has been purchased by the city and is designated for a park or teen center. He pointed out that there are churches, a school, a park and a fire department in the area. He said there are three single-family residences currently under construction which were begun after much multi-family development occurred around it. He concluded that this area has already been desig- nated as an activity center consistent with multi- family development and asked the Council to zone this area multi-family residential. Councilmember Clark said he is upset at the personal attack against Planning Committee Chair Orr, noting that she did all in her power to make the process open and above board. He expressed concern about the comments made regarding a sneak agenda, and noted that the Committee repeatedly receives complaints from people regarding more multi-family complexes. He pointed out that the Committee's vote was unanimous, and said the decision made was appropriate. 4 April 18, 1995 COMPREHENSIVE Ron Harmon, 20627 95th Avenue South, said he has PLAN attended several Planning and Council meetings and commended the Planning Committee and the Council Planning members on accepting all input, digesting the information, reading citizen's letters, and hearing complaints, and urged the Council to adopt the Committee's recommendation of acceptance. There were no further comments and Orr's motion carried unanimously. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR J be approved. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of April 4, 1995 . COUNCIL (CONSENT CALENDAR - ITEM 3J) (ADDED BY COUNCIL PRESIDENT WOODS) Council Absence. APPROVAL of an excused absence for Councilmember Bennett from tonight's meeting, as he is unable to attend. (CONSENT CALENDAR - ITEM 3F) Trip to Asia and Appointment of Acting Mayor Pro Tem and Council President. ADOPTION of Resolution No. 1426 authorizing a trip to Asia for the Mayor and Council President and appointing an acting Mayor Pro Tempore and Council President. The Mayor and Council President will be traveling through Asia in May, 1995 for the purpose of developing trade relations and recruiting atten- dance for the annual International Trade Exchange. Therefore, it is necessary to appoint an Acting Council President/Acting Mayor Pro Tempore to act in their absence. The resolution also authorizes the trip and incidental expenses with major expenses such as airfare and hotel covered by the Trade Exchange. WATER (BIDS - ITEM 5B) 98th Avenue South Water Main Rebuild. The bid opening for this project was held on April 13 , 1995 with nine bids received. The low bid was submitted by Gary Harper Construction in the amount of $44 , 940. 87 including tax. The engineer's estimate was $63 , 854 . 23 . The project consists of the construction of water main relocation work. 5 April 18, 1995 WATER The Public Works Director recommends that this project be awarded to Gary Harper Construction in the amount of $44 ,940.87 including tax. MANN SO MOVED. Houser seconded and the motion carried. (CONSENT CALENDAR - ITEM 3I) 112th Avenue Water Tank Repaint. ACCEPT as complete the contract with Coatings Unlimited for the 112th Water Tank Repaint project and release of retainage after State releases, as recommended by the Public Works Director. The original con- tract was $70, 384 . 10. The final construction cost was $71, 682 . 50 . STREET (BIDS - ITEM 5A) IMPROVEMENTS James Street/4th Avenue North Improvements. Bid opening for this project was held on March 30, 1995 with seven bids received. The low bid was submitted by Shoreline Construction in the amount of $282 ,206.26 including tax. The engineer's estimate was $384, 810. 34 including tax. The project consists of street widening and asphalt paving of James St. from UPRR tracks to 4th Ave. N. The Public Works Director recommends that he be authorized to enter into a contract with Shoreline Construction Company in the amount of $282 , 206 . 26 for this project on the condition that the City first receive Regional Justice Center traffic mitigation funds from Metropolitan King County to pay for traffic mitigation. Mayor White reported that King County appro- priated the funds to build the Regional Justice Center yesterday, and that the contract will be let this week. MANN MOVED that the Public Works Director be authorized to enter into a contract with Shoreline Construction Company in the amount of $282 , 206 .26 for the James Street/4th Avenue Improvements Project, on the condition that the City first receive Regional Justice Center traffic mitigation funds from Metropolitan King County to pay for traffic mitigation. Houser seconded and the motion carried. 6 April 18, 1995 REZONE (CONSENT CALENDAR - ITEM 3C) Ladum Rezone RZ-94-2 . AUTHORIZATION to set May 2, 1995 as the date for a public meeting to consider the Hearing Examiner's reconsideration of this recommendation of approval for a rezone appli- cation (RZ-94-2) by Larry and Jacqueline Ladum. The property is located at approximately 6300 S. 236th Street. BUSINESS (PUBLIC HEARINGS - ITEM 2A) LICENSES Adult Entertainment Licensing Amendments. On March 7, the City Council adopted Ordinance No. 3214 establishing new license regulations for adult entertainment businesses within the City of Kent. Since the adoption of that ordinance, two court cases have made rulings on similar ordi- nances. On March 24 , the Washington State Supreme Court, on a challenge to Seattle's ordinance, held that a decision to revoke or suspend an adult entertainment license must be stayed through any judicial appeal process. On March 29, a King County Superior Court, on a challenge to Bellevue's ordinance, invalidated a provision similar to Kent's that prohibits representations, such as signs or posters depicting adult entertainment, from being visible outside the premises. The proposed ordinance incorporates these changes, makes various amendments to clarify language, and makes other minor modifications. The City Attorney explained that these amendments prevent potential challenges to the recently adopted ordinance. He noted that the key features of the ordinance, that entertainment be on a stage intended for that purpose and be 10 feet from patrons, remain unchanged. The Mayor opened the public hearing. There were no comments from the audience and WOODS MOVED to close the hearing. Orr seconded and the motion. carried. JOHNSON MOVED to adopt Ordinance No. 3221 amending Chapter 5. 10 of the Kent City Code as adopted pursuant to Ordinance No. 3214 relating to licensing regulations for adult entertainment businesses. Orr seconded and the motion carried. 7 April 18, 1995 MUNICIPAL (CONSENT CALENDAR - ITEM 3D) COURT Municipal Court Security IIparades. AUTHORIZATION to establish a budget of $15, 400 to do security upgrades to the Municipal Court, as recommended by the Operations Committee on April 12, 1995 . This includes remodeling the Judge's office so that he can directly access the bench, and adding security glass to the cash receipting window. (CONSENT CALENDAR - ITEM 3E) Municipal Court Clerk and Security Staffing. APPROVAL to add 2 . 5 FTE temporary clerk positions to the Court for the balance of 1995 due to in- creasing activity levels at Kent Municipal Court and the need to conduct follow-up tracking of imposed sentences and the addition of a temporary, part time "limited commission" security officer for the court to work up to 20 hours per week. PARKS & (CONSENT CALENDAR - ITEM 3G) RECREATION I.A.C. Matching Fund Grant. ADOPTION of Resolu- tion No. 1427 authorizing the application to the Interagency Committee for Outdoor Recreation for the acquisition of the Morrill property (East Hill Park Expansion Project) . .(CONSENT CALENDAR - ITEM 3H) Skateboard Park Committee. AUTHORIZATION for the Parks and Recreation Director to form a citizen's committee, including youth, to research the location, planning, funding and construction of a skateboard park in Kent. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through March 31 and paid on March 31, 1995 after auditing by the Operations Committee on April 12 , 1995. Approval of checks issued for vouchers: Date Check Numbers Amount 3/16/95-3/31/95 153375-153928 $1, 760, 375.99 Approval of checks issued for payroll for March 16 through March 31, 1995 and paid on April 5, 1995. Date Check Numbers Amount 4/5/95 Checks 202173-202484 $ 253, 302 . 81 Advice 23184-23568 $ 471, 241. 91 $ 724, 544 . 72 8 April 18 , 1995 REPORTS Council President. . Woods noted that the back of the Summary Agenda sheet now contains information on how to access the Council through Committees and thanked the City Clerk's Office for their help. Woods also noted that Congressmember Jennifer Dunn will be available to meet with Councilmembers and others on Thursday in the Council Chambers. Operations Committee. Johnson noted that the Committee will meet at 9 : 30 a.m. on April 26 in Council Chambers East. Planning Committee. Orr thanked her colleagues on the Council for their support on the Comprehensive Plan, and for their comments tonight. Orr noted that the Planning Commission has not reached a decision yet on the court-ordered adoption of an acceptable number of sites for adult entertainment use, and suggested that if they are unable to do so at their next meeting, that the Council consider sending this item to the Planning Committee for a recommendation. She expressed concern about letting the second six- month moratorium expire without taking action. She noted that by not taking action, the City is opening up the entire city to adult entertainment businesses. Houser agreed with Orr that action should be taken as soon as possible and said she is willing to have the Planning Committee work on it. Mayor White asked Planning Director Harris to prepare a memorandum to the Planning Commission expressing Council's wishes. ADJOURNMENT The meeting adjourned at 8 : 00 p.m. Brenda Jaco� CMC City Clerk 9 Kent City Council Meeting Date May 2 , 1995 Category Consent Calendar 1. SUBJECT: TRANSIT ADVISORY BOARD APPOINTMENTS 6WJ (�ejpo� N+yv,y,(�tj- 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointments of Rick Wellenberger and Rafael Garcia to serve as members of the Kent City Transit Advisory Board and also the reappoint- ments of Robert Whalen, Linda Johnson, Michael Skehan, Frank �m� }SWiemes and Jay Bakst to continue serving as Board Members. e. n m�,r- ez=,�;a t expire 4/30/97 . -- f e o f Mr. Wellenberger is a Kent resident and is interested in transit issues. He feels that serving on the City Transit Advisory Board will allow him an opportunity to contribute to the improvement of the transit system in our area. Mr. Wellenberger will replace Janette Nuss, whose term expired. His new appointment will continue to 4/30/97 . Mr. Garcia is a Kent resident and is interested in transporta- tion issues. He will replace Ted Nixon, who resigned, and his appointment will continue to 4/30 ._ b 3 . EXHIBITS: Memorandum from Mayor White 4 . RECOMMENDED BY: Mayor White (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. 3C MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBER; ;1L FROM: JIM WHITE, MAYOR DATE: APRIL 28, 1995 SUBJECT: APPOINTMENTS AND REAPPOINTMENTS TO KENT CITY TRANSIT ADVISORY BOARD I have recently appointed Rick Wellenberger to serve as a member of the Kent City Transit Advisory Board. Mr. Wellenberger is a Kent resident and is interested in transit issues. He feels that serving on the City Transit Advisory Board will allow him an opportunity to contribute to the improvement of the transit system in our area. Mr. Wellenberger will replace Janette Nuss, who's term expired. His new appointment will continue to 4/30/97. 1 have also appointed Rafael Garcia to serve as a member of the Kent City Transit Advisory Board. Mr. Garcia is a Kent resident and is interested in transportation issues. He will replace Ted Nixon, who resigned, and his appointment will continue to 4/30/96. 1 have also reappointed Robert Whalen, Linda Johnson, Michael Skehan, Frank Wiemes and Jay Bakst to continue serving as Board Members. Their new terms will continue to 4/30/97. 1 submit this for your confirmation. JW:jb /zk Kent City Council Meeting Date May 2 , 1995 Category Consent Calendar 1. SUBJECT: HIGHLINE WATER DISTRICT INTERTIE AGREEMENT 2 . Y STATEMENT: ma's recommended by the Public Works Committee, and upon concurrence he Public Works ctor and the Cit A uthoriz@f10t a Mayo o execu e the Highline Water District Intertie Agreement Kent and Highline shall limit the use of the water obtained through the intertie for fire-fighting purposes, emergency use and special maintenance purposes. 3 . EXHIBITS: Intertie agreement, Public Works minutes and Public Works Director memorandum 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. 3D INTERTIE AGREEMENT This Fire Protection and Intertie Agreement (the "Agreement" or "this Agreement") is made this 15th day of March 1995 (being the "anniversary date") between Highline Water District, King County (hereinafter sometimes referred to as "Highline") and the City of Kent, King County (hereinafter sometimes referred to as "Kent"). WHEREAS Highline and Kent are each municipal corporations organized and operating consistent with the laws of the State of Washington; and WHEREAS the State of Washington, Department of Health encourages Water Service Agreements between adjacent water utilities; and WHEREAS the connection operates via a pumping system to flow water to Kent and via gravity to flow water to Highline; and WHEREAS Highline and Kent presently have an eight-inch (8") manually-operated connection between the District's connection between the districts located at S. 240th Street and 35th Avenue South, as governed by an Agreement to Provide Water Services dated October 6, 1982; and WHEREAS the rate structure of Highline specifies the costs of providing water for certain classes of users; and WHEREAS at least one boundary of Highline is parallel with and abuts at least one boundary of Kent; and WHEREAS Highline and Kent wish to supersede the October 6, 1982 Agreement to Provide Water Service (the "Water Service Agreement"), and enter into a new Fire Protection and Emergency Intertie Agreement to serve the customers of Kent. NOW THEREFORE, it is agreed as follows: 1. Location of Facilities: Highline and Kent agree to cooperate on the replacement and maintenance of an emergency fire protection intertie at the intersection of South 240th Street and 35th Avenue South. This intertie will be for two-way flow between Highline and Kent. The intertie shall be operational on a year-round basis. 2. Limitations on Use of Water From Intertie: Kent and Highline shall limit the use of the water obtained through the intertie for fire-fighting purposes, emergency use and special maintenance purposes. ... 1 lntertie Agreenent For purposes of this Agreement: a. Firefighting Purposes means in the event Kent storage tank and Nvell pumping capacities are inadequate to combat a conflagration from mains Nvith Kent, water from the intertie may be used to extinguish the fire. b. Emergency Use means in the event of a power outage, a pump system mechanical failure or a rupture in the distribution system which would impair the productivity of Kent wells to maintain the capacity of the storage tank for fire-fighting purposes and consumption by the public. This emergency use would terminate upon restoration of the electrical power and the repair to the pump(s) and damaged distribution system. c. Special maintenance purposes are limited to: 1) Temporary removal from service of either the City's 300,000 gal. reservoir at 264th St. & 34th Ave. and/or 1 million gal. site at Reith Rd. & 256th St. for the purpose of maintenance, painting or decontamination. 2) Scheduled preventive maintenance operation of the intertie pumping station whereupon the pumping station is operated once a month for no longer than a four hour duration. 4. Maintenance, Repair, Inspections and Costs for Same - Kent shall be responsible for inspecting and maintaining the intertie. Kent shall advise Highline of the qualifications of the firm which is proposed to do the inspection and maintenance. Highline shall reasonably approve the choice. Kent or its representative shall inspect the intertie annually or more often as required, and shall advise Highline of the results of the inspections. Kent shall pay all costs to repair the intertie as necessary to insure its proper functioning and shall advise Highline of its maintenance and repair activities. The parties agree that emergency repairs to the South 240th Street and 35th Avenue South Intertie may be performed by either party without notice, followed by notice to the other party as soon as reasonably possible. The costs of any emergency repairs undertaken by Kent shall be bome solely by Kent. The costs of any emergency repairs undertaken by Highline shall be promptly reimbursed by Kent. 2 Intertie Agreement 5. Notice - Kent shall notify Highline within a ten(10) da}, period after use of the intertie for fire-fighting purposes or other emergency use stating the nature of the emergency use, the date and time of use and the quantity of water used in the intertie. 6. Costs of Water Supplied by Highline - Kent shall pay Highline for use of water through the intertie system based on Highline's published wholesale rate in effect on the date the water is used by Kent. Any time Kent uses water, whether for one day or an entire month, Kent shall pay the monthly meter charge for the month or months in which it is drawing water, plus pay the commodity charge. Thus, using the rates in effect at the present time, for any use of water within a single month, Kent i4dll pay $2,305 plus $1.41 (October through May) and $1.87 (June through September) for each 100 cubic feet of water used. Kent understands that the wholesale rate may be revised by Highline from time to time. However, Kent will be allowed a scheduled maintenance period (up to four hours) each month to allow operation of the intertie pumping station for preventive maintenance purposes. This will not require payment of the monthly meter charge, only payment for water used. 7. Citv_of Seattle Demand Charges - The parties reserve the right to negotiate with the City of Seattle to obtain an agreement with the City of Seattle to waive any City of Seattle demand charges incurred by Highline as a consequence of the South 240th Street and 35th Avenue South Intertie. Any agreement shall be in writing and shall become a part of this intertie Agreement. Highline will provide a signed copy of same to Kent. If Highline is unable to obtain an agreement with the City of Seattle to reduce or waive demand charges to Highline caused by use of water in accordance with this Agreement, and shall any of the ten peak days used to calculate the demand charge be coincidental with a day in which water was taken through the South 240th Street and 35th Avenue South Intertie, then Kent shall calculate their portion, if any, of the demand charge. 8. Indemnification - The parties agree to indemnify and hold each other harmless from any claim arising under this Agreement. It is understood and agreed that Highline makes no warranties or assurances as to water availability, pressure or volume at any given time relating to the Intertie. It is understood that if Highline's water service to the South 240th Street and 35th Avenue South Intertie is temporarily interrupted for repair for an emergency, or for any other reasons, it is not obligated to provide an alternative source of water supply. Highline does, however, warrant that it will not, except for reasons relating to emergencies or other necessary repairs, interrupt the water supply to the intertie. 8-A Costs of Water Supplied by Kent - Highline shall pay Kent for use of water through the intertie system based on Kent's published water rate in effect on the date the water is used by Highline. ._r 3 Intertic Agreement 9. Term - This Intertie Agreement, except for the water rate, shall be reviewed annually, and shall continue indefinitely unless either party notifies the other of its intention not to continue or to renegotiate this Agreement by giving six months written notice prior to the end of each annual anniversary date. 10. Dispute Resolution - If a dispute arises out of or relates to this Agreement, or the breach of it, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the rules and regulations of the Washington State Water/Wastewater Association, or Washington Arbitration and Mediation Services, Inc. before resorting to arbitration, litigation or some other dispute resolution procedure. 11. Termination - The October 6, 1982 Agreement to Provide Water Service is superseded by this Agreement, subject to any accrued monetary charges which may be owing from Kent to Highline. DATED this _� DAY OF . 1995. HIGHLINE WATER DISTRICT CITY OF KENT By P '� -d -� e By P€gV S. Bosley 61 Its Its GENERAL MANAGER STATE OF WASHINGTON ) STATE OF WASHINGTON ) COUNTY OF KING ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that I certify that I know or have satisfactory evidence that Peggy S.Bosley is the person who appeared before me is the person who and said person acknowledged that he/she signed this appeared before me and said person acknowledged that instrument on oath and stated that he/she was authorized he/she signed this instrument on oath and stated that to execute the instrument and acknowledged it as the Fire he/she was authorized to execute the instrument and Protection&Emergency Intertie Agreement of Highline acknowledged it as the Fire Protection &Emergency Water District,and she signed the document as the free Intertie Agreement of Highline Water District, and that and voluntary act of such party for the uses and purposes he/she signed the document as the free and voluntary act mentioned in the instrument. of such party for the uses and purposes mentioned in the instrument. 1,POLLY DAIGLE,am a Notary Public in King County, WA whose commission p res June 20, 1997 and resides I am a Notary Public in in Kent A King County,WA,whose commission expires and who resides in POLLY DAIG DATED: 7D �—t A —1995. DATED: 1995. (seal or stamp) (seat or stamp) 4 PUBLIC WORKS COMMITTEE APRIL 24, 1995 PRESENT: Paul Mann Gary Gill Tim Clark John Hillman Jim Bennett Mr. Rust Don Wickstrom Highline Water District Intertie Agreement Wickstrom explained that we have an existing intertie which has primarily been a source of water for us and the district no longer wants that because they are being force by Seattle to come up with their own future sources. He said if we have a fire protection problem and can't provide the flow, that this agreement will allow us to use the water if we have a failure in our pump system or a failure in our mains. Wickstrom said we loose about 1.4 million gals. per day but we don't have any options. The original agreement was only for 5 years and it started in the early '80s. Now Highline has their own water supply needs; this is more of an emergency basis agreement. In response to Clark's question on how we could pick up the missing 1.4 million gallons, Wickstrom said we added 1 million with our 212th supply and we'll see how we do. Committee unanimously recommended that upon concurrence of the Public Works Director and City Attorney, authorize the Mayor to execute an agreement with Highline Water District for the purpose of fire-fighting use, emergency use and special maintenance purposes. Commuter Rail System - Resolution Wickstrom referenced a draft resolution from Auburn that they are proposing to pass and send it on to the Regional Transit Authority to show that they are highly interested in the commuter rail and we feel it is important that we send a similar resolution to show our support. Committee unanimously recommended that Council direct City Attorney to prepare a resolution in support of the Commuter Rail System. 1 DEPARTMENT OF PUBLIC WORKS April 24, 1995 TO: Public Works Committee FROM: Don Wickstrom�.1"" (� RE: Highline Water District Intertie Agreement Attached is a copy of the Fire Protection and Intertie Agreement between Highline Water District and Kent. An agreement signed by both the Water District and Kent is required. This intertie will be for two-way flow between Highline and Kent. The intertie shall be operational on a year-round basis. Kent and Highline shall limit the use of the water obtained through the intertie for fire-fighting purposes, emergency use and special maintenance purposes. ACTION: Upon concurrence therewith of the Public Works Director and the City Attorney, authorize the Mayor to execute an agreement with Highline Water District for the purpose of fire-fighting use, emergency use and special maintenance purposes. Kent City Council Meeting Date May 2 . 1995 Category Consent Calendar 1. SUBJECT: S. 212TH HOV LANES —eRDTNMM'E ' 2 . SUMMARY STATEMENT: Adoption of Ordinance No. 3a a✓C relating to S. 212th HOV Lanes. The City is presently in negotiations on three parcels of property in conjunction with the So. 212th St. HOV Lanes project. The Public Works Committee has recom- mended adoption of an ordinance authorizing condemnation on said parcels. Negotiations will, however, continue until such time as condemnation is necessary. 3 . EXHIBITS: Public Works minutes and 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: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3E DEPARTMENT OF PUBLIC WORKS - April 24, 1995 TO: Public Works Committee FROM: Don Wickstrom Did RE: S. 212th HOV Lanes We are presently in negotiations on three parcels of property in conjunction with the So 212th St. HOV Lanes projects. Should these negotiations fail, we are requesting that Council direct the City Attorney to prepare an Ordinance for condemnation. We will however, continue to negotiate until such time as condemnation is necessary. ACTION: Recommend Council direct City Attorney to prepare Condemnation Ordinance. S. 212th HOV Lanes - Condemnation Ordinance Wickstrom explained that this is our HOV project which puts HOV lanes along S. 212th from West Valley Highway to SR167. There are three parcels that we are still presently negotiating with and we are now at a point of asking for an ordinance for condemnation. We will continue negotiations but if that fails, we will have to condemn. In response to Mann's question on compensation, Wickstrom stated that we pay the appraised value and any damages associated to the property that can be identified. In response to Bennett, Wickstrom stated that the property values total around $20,000. Committee unanimously recommended that Council direct City Attorney to prepare Condemnation Ordinance. Meeting adjourned: 4:45 p.m. ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of an easement for street purposes over certain properties in order to extend, improve, alter and widen South 212th Street in order to construct HOV lanes; providing for the payment thereof out of the 212th Street Improvements--West Valley Highway to SR 167--Project Fund; and providing for the condemnation of such property rights as necessary therefor; all of said properties located within the City of Kent, King County, Washington. THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Kent("City") authorizes the acquisition by condemnation of all or a part of three parcels of certain real property located in King County, Washington, which parcels are legally described in Exhibits A through C,attached hereto and incorporated herein by this reference (hereinafter, the "Properties"). Section 2. The public convenience,use and necessity demand that the City condemn the Properties in order to acquire an easement for street purposes, which purposes shall include all acts necessary to complete the extension, improvement, alteration and widening of South 212th Street for HOV lanes, including improvements for drainage, curbs and gutters, sidewalks, landscaping, illumination, signal improvements, electrical facilities, utility adjustments and relocations and any other street or municipal purposes that may become necessary from time to time on the Properties. Section 3. The City shall condemn the Properties only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. 1 Section 4. The City shall pay for the entire cost of the acquisition by condemnatic provided for in this Ordinance through the City's "212th Street Improvements--West Valley Highway to SR167--Project Fund," or from any of the City's general funds, if necessary, as may be provided by law. Section 5. The City authorizes and directs the City Attorney to commence those proceedings provided by law that are necessary to condemn the Properties. In commencing these condemnation procedures, the City authorizes the City Attorney to enter into stipulations or agreements in order to minimize damages, which stipulations or agreements may include;but not be limited to, size and dimensions of the Properties condemned, construction easements and other property interests. Section 6. Any acts consistent with the authority and prior to the effective date of this Ordinance are ratified and confirmed. Section 7. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances. Section 8. 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 2 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 19_. APPROVED the _day of 19_. PUBLISHED the day of— 19_- I hereby certify that this is a true and correct copy of Ordinance No. _, passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the Citv of Kent hereon indicated. BRENDA JACOBER, CITY CLERK CONDEM12.pwk 3 That portion of the north one-half of the southwest quarter of the northwest quarter of Section 12, Township 22 North, Range 4 East, W.M. , in King County, Washington, which lies south of County Road Number 22 (South 212th Street) , as follows: _.._... _... Beginning at a point where the east line of the southwest quarter of the northwest quarter of Section 12, Township 22 North, Range 4 East, W.M. , in King County, Washington, intersets the south line of County Road Number 22; thence running in a westerly direction along the south line of — County Road Number 22, a distance of 259.25 feet to an existing fence; - - - - thence south along said fence line which has a bearing of south 00059130" west, a distance of 163 .59 feet; _--_.. ... thence south 88005116" east a distance of 262.25 feet, more or less, to a point of intersection with the east line of the southwest quarter of the northwest quarter; thence north along said line to the point of beginning; EXCEPT that portion of the main parcel condemned for South 212th Street under proceedings had in King County Superior Court Cause Number 693116; - AND EXCEPT that portion conveyed for street, utility and drainage purposes by deed recorded under Recording Numbers 8002110054 and - - -- 8002110055. The north half of the southwest quarter of the northwest quarter of Section 12, Township 22 North, Range 4 East, W.M. , Washington; in King County, ------- EXCEPT the north 30 feet for County Road No. 22; AND EXCEPT that portion thereof described in King County Superior ----- Court Cause No. 695652 and more particularly described as follows: That portion of the north half of the southwest quarter of the northwest quarter of Section 12, Township 22 North, Range 4 East, W.M. , in King County, Washington, which lies south of County Road No. 22 (South 212th Street) , as follows: --- Beginning at a point where the east line of the southwest quarter of the northwest quarter of Section 12, Township 22 North, Range 4 - - - - East, W.M. , in King County, Washington, intersects the south line of County Road No. 22; ------ thence running in a westerly direction along the said south line of County Road No. 22, a distance of 259.25 feet to an existing fence; thence south along said fence line which has a bearing of south 00°59'30" west a distance of 163 .59 feet; _— thence south 88005'16" east a distance of 262.25 feet, more or less, to a point of intersection with the east line of the southwest quarter of the northwest quarter; -' thence north along said line to the point of beginning; AND EXCEPT that portion of the main parcel condemned by the City of -- --- Kent in King County Superior Court Cause No. 693116 for widening South 212th Street (O'Brien Road) ; AND EXCEPT the east 30 feet conveyed to the City of Kent by Deed recorded under Recording Number 8211100509; _ AND EXCEPT the west 30 feet for State Highway; AND EXCEPT the following described tract: Beginning at the intersection of the east line of the State Highway between Section 11 and Section 12, said Township and Range, with the south line of County Road No. 22 leading west from the Town of O'Brien in said Section 12; -- thence south along the east line of the State Highway, 165 feet; thence east 165 feet; _ thence north 165 feet to the south line of said County Road No. 22; thence westerly along said south line of County Road to the point of beginning; AND EXCEPT that portion condemned by the State of Washington in King County Superior Court Cause No. 657493 for Highway 2-M; AND EXCEPT that portion conveyed to the City of Kent by Deed - — recorded under Recording Number 8902090145. I� That portion of Tract 11, Kent Five Acre Tracts, King County, Washington, in Section 12, Township 22 North, Range 4 East, W.M. , in King County, Washington, more particularly described as follows: Commencing at the southeast corner of Tract 11, Kent Five Acre Tracts, according to the plat thereof recorded in Volume 10 of Plats, page 19, in King County, Washington; thence north 1005148" east 674 .54 feet along the east line of said Tract 11; thence north 88022158" west 20.50 feet; thence north 1005148" east 138.69 feet along a line which is - - parallel with and 20.50 feet west of the east line of 'said Tract 11, to the 'TRUE POINT OF BEGINNING; -- --- thence continuing north 1005148" east 427.23 feet to the south margin of South 212th Street; thence north 88018130" west 339.99 feet along said south margin; thence south 1005,50" west 493 .00 feet; thence northeasterly 228.32 feet along the arc of a non-tangent curve to the right, having a radius of 426.00 feet the central point of which bears south 30001159" east, through a central angle of - - 30042129" to a point of tangency; thence south 89019130" east 122.28 feet to the TRUE POINT OF - - BEGINNING; --------- (ALSO KNOWN AS Parcel 1, City of Kent Short Plat as filed under King County Recording Number 7810230760. ) TOGETHER WITH that portion of the north half of the southeast quarter of the northeast quarter and the east 20.5 feet of the north half of the southwest quarter of the northeast quarter of Section 12, Township 22 North, Range 4 East, W.M, in King County, - - -" Washington, described as follows: - ---- Beginning at the northeast corner of the above described Parcel 1, said point being on the south line of South 212th Street and 20.5 ----- feet west of the west line of the southeast quarter of the northeast quarter of Section 12, Township 22 North, Range 4 East, W.M. , in King County, Washington; thence parallel to said west line south 1005'48" west 427.23 feet; thence south 89019130" east 283.13 feet; thence north 1005148" east 430.70 feet to said south line of South 212th Street; --"" thence along said south right-of-way line north 89000158" west 119.,00 feet; ---- thence south 0059102" west 5.00 feet; thence continuing along said south line of South 212th Street north --- 89000158" west 164 .13 feet to the point of beginning. I ii �XHIBl1 h - -/ The north half of the southeast quarter of the northeast quarter and the east 20.5 feet of the north half of the southwest quarter of the northeast quarter of Section 12, Township 22 North, Range 4 East, W.M. , in King County, Washington; EXCEPT the south 15 feet thereof; AND EXCEPT that portion thereof lying within South 212th Street; AND EXCEPT that portion thereof condemned by King County Superior Court Cause Number 693116; AND EXCEPT that portion thereof lying easterly of a line described as follows: Beginning on the north line of said subdivision at a point 256.75 feet west of the northeast corner thereof; thence south parallel with the east line of said subdivision to the south line of the above described property; AND EXCEPT that portion thereof described as follows: — Beginning at the northwest corner of the above described parcel, said point being on the south line of South 212th Street and 20.5 ------- -- feet west of the west line of the southeast quarter of the northeast quarter of Section 12, Township 22 North, Range 4 East, W.M. , in King County, Washington; thence parallel to said west line south 1005148" west 427.23 feet; thence south 89019'30" east 283.13 feet; thence north 1005 '48" east 430.70 feet to said south line of South 212th Street; thence along said south right-of-way line north 89000158" west 119.00 feet; thence south 0059102" west 5.00 feet; thence continuing along said south line of South 212th Street north -- ------ 89000158" west 164.13 feet to the point of beginning. 1� _��...- - -- _ -- ----- --------- -. . -- - --- i //-q Kent City Council Meeting Date May 2 . 1995 Category Consent Calendar 1. SUBJECT: EXPLORER POST 2 . SUMMARY STATEMENT: It is estimated that it will take approximately $6, 000 to get the Explorer Post up and running. At the present time, the Kent Police Employees Benevolent Association and the City Wide Youth Committee have each donated 2 0 to the ro ram. additional $2 , 000 from the extra revenue from Criminal Justice Funds/ fa med -ar �x�lorer Post. 3 . EXHIBITS: Memorandum from Chief Crawford 4 . RECOMMENDED BY: Staff and Public Safety Committee 4/18/95 (2-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES ✓ 6. EXPENDITURE REQUIRED: $2 . 000 SOURCE OF FUNDS: Criminal Justice Funds 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3F MEMORANDUM DATE: April 10, 1995 TO: c�afety Committee FROM: rawford RE: Explorer Post The Kent Police Department is establishing an Explorer Post within the agency. This Post will consist of between 20 and 25 members who range in age from 14 to 21 years of age. Explorers will be required as part of their duties to volunteer their time within the City of Kent. Explorers will be available to assist many of the departments within the city. To initially fund this Post we estimate it will require approximately $6,000.00 to get it up and running. At the present time both the Kent Police Employees Benevolent Association and City Wide Youth Committee have donated $2,000.00 each. We are requesting an additional $2,000.00 from extra revenue from Criminal Justice funds. The $6,000.00 will be spent in the following areas: 1. Uniforms A Shirts 25 @$32.41 $ 810.25 B. Pants 25 @ $47.61 1190.25 C. Coats 25 @ $116.86 2921.50 SUBTOTAL $4922.00 2. Equipment A Radio Holders 25 @ $14.50 $ 362.50 B. Flashlight Holders 25 @$9.50 237.50 SUBTOTAL $ 600.00 3. Training Academies $ 300.00 4. Operating Supplies 222.00 SUBTOTAL $ 522.00 GRAND TOTAL $6,000.00 After the initial funding of$6,000.00 the Post should be self-sufficient through a variety of fund raising activities that will occur throughout the year. Any assistance in the funding of the Explorer Post will be greatly appreciated. Thank you, r Kent City Council Meeting Date May 2 , 1995 Category Consent Calendar 1. SUBJECT: BECK ANNEXATION ZONING AZ-95-2 2 . SUMMARY STATEMENT: Authorization to set May 16, 1995 and June 20, 1995 as public hearing dates to consider the initial zoning for the Beck Annexation area ( -95-'-2) 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. 3G Kent City Council Meeting Date May 2 , 1995 Category Consent Calendar 1. SUBJECT: LINDENTAL PHASE I - BILL OF SALE 2 . SUMMARY ST TEMENT: As recommended by the Public Works Director, Kluthorization to accept the Bill of Sale for Lindental, Phase I submitted by Ralph D. and Gertrude O. Guthrie, for 2 ,421 feet of street improvements and 2 , 089 feet of storm sewers and release of bonds after expiration period. The project is located on S.E. 265th Place & S. E. 264th Street. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Public Works Director (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 SE 244TH ST CLARKLAKE\c' e� 5E 245TH 0'\a i _ ' _,\i '',, � _ ♦SST 2v67N m 246 PL x 3T NORTH ` i'� j '� SE 4 TH PL SE 248TH ST ¢ 2 y m PL r NI a SE 2SOTH ST SE 251ST ST F w ST PL N ^ '^ 252NO PL E. 252N0 PL SE 252NO ST w W > al w L 53 PL ¢ ¢ ST m .25 T .�-� i r 253 CT ¢ b 5 ` m �x 254TH 'iT y y y S 2 a t ro ram' > w w II ¢ Y > 254TH PL 1H 31 v 7� 9i<„ ¢ ¢ P r wl w I 1^ SE 256TH ST = = z PL Q,` PLS m m 256 PL ase sT F 3T Wl ( 8 U a �\ 3E 259THw SE 258TH 256TH pST +_ �^ SE 260TH ST 7�jr� 258TH_ c1 260 5T t -•- L '" SE 259TH Qj L PL f SEk260TH PL i /rx- z Cl 261 ST `�` \` = s m 026LeL; Cv �',� ♦ aq r \01 T ♦ �� 262 `PL 31 51 ♦_'\-'_"• I, CNN S i `- 2647N ST ¢ �� N T T i rM263 PL '\ 264TH 5T 4'N n SE 264TH ST i i of w 264TH PL '� ./_..... �'' .F. s• o wi 265 PL Z ZiS 6'Tw •� W SE 26 TH S 266 -' ¢ w 65 T > PROJECT LOCATION j� SE 267 CT �. Qi x s i `• SE 268TH ST t\O ^ H SE 268 E., oil ST r ` ¢ ' ''\ ST •\ mO 269 ST 2s x --'- PONDS �'\ �'♦ j�\ 220 ST TT A� •`� SE 270TH ST "�. ! x \• I ' 9E 2715T ^ � �s.. 9T w N Vj s ♦'�• �m SE 272NO 6T SE ^ 272N0 ST N ♦tib P�� ' ` . Q w x SE 272ND PL w ^ 212 0 ST ww ¢ 274 S7 mi ry a t 273RD PLSE 274TH ST275 ST ;SE 274TH ST VSr i �'0�` 274 ST aN274 C SEI 276THST ( - F75 PL H. ds w SE 25H5 CQ 276TH -y r 276TH PL b r iw ♦`\ > 1`\ 277TH PL i � x •\ m - o SE 279TH LINDENTAL PHASE I SE 280TH ST Kent City Council Meeting Date May 2 , 1995 Category Consent Calendar 1. SUBJECT: f�COUNCIL ABSENCE T' r� 2 , Y TATEMENT�Council President Judy Woods � r " an excused absence from the May 16, 1995 City Council �j oI meeting. She will be out of town and unable to attend. 3 . EXHIBITS: Memorandum from Council President Woods 4 . RECOMMENDED BY: Council President Woods (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3I MEMORANDUM TO: JIM WHITE, MAYOR CITY COUNCIL MEMBERS FROM: JUDY WOODS, COUNCIL PRESIDENT- DATE: MAY 2, 1995 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the May 16, 1995 City Council meeting. I will be out of town and unable to attend. Thank you for your consideration. JW:Jb 0c� Kent City Council Meeting Date May 2 . 1995 Category Other Business 1. SUBJECT: LADUM REZONE RZ-94-2 2 . SUMMARY STATEMENT: On January 17 , 1995, the City Council remanded the Ladum Rezone application (RZ-94-2) back to the Hearing Examiner to address certain issues. The Hearing Examiner, after again considering the rezone application in light of the Council's request, has recommended approval to rezone four (4) acres from MA, Industrial Agricultural, to MRG, Garden Density Multifamily Residential (16 units/acre) . 3 . EXHIBITS: Memo, staff report, Findings and Recommendations, Doc Hansen's report dated February 14 , 1995, and City Council minutes of January 17 , 1995 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO__Z_ YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember ✓v moves, Councilmember seconds to acce t � the Findings of the Hearing Examiner, and to adopt freeet-{ ed}€j+ the Hearing Examiner's recommendation of approval of the Ladum Rezone No. RZ-94-2, and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION: ACTION: Council Agenda Item No. 4A CITY OF �� �� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 pfi�II�ra MEMORANDUM April 26, 1995 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: FRED N. SATTERSTROM, PLANNING MANAGER SUBJECT: LADUM REZONE #RZ-94-2 (RECOMMENDATION OF THE HEARING EXAMINER FOLLOWING REMAND BY CITY COUNCIL) On January 17, 1995, the proposed Ladum rezone was considered by the City Council. Following their deliberations, this matter was remanded back to the Hearing Examiner to address two issues: 1) fiscal impacts of the proposed rezone (Section 15.04.160 of the Kent Zoning Code), and 2) impacts to schools (Section 15.09.050). On March 1 , 1995, the Hearing Examiner conducted further proceedings on the proposed Ladum rezone specifically dealing with the issues of the remand identified by the City Council. The applicant submitted a report on the remand issues which was considered by the Hearing Examiner and made part of the record. On March 15, 1995, the Hearing Examiner re-issued his recommendation on the proposed rezone. His recommendation is to approve the rezone from MA (Industrial Agriculture) to MRG (Garden Density Multifamily). FNS/mp:d#2/ladum2.rem Attachments CITY OF ���� CITY OF KENT OFFICE OF THE LAND USE HEARING EXAMINER (206) 859-3390 Theodore P. Hunter dFt®IIC44� Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: LADUM #RZ-94-2 APPLICANT: Larry and Jacqueline Ladum REQUEST: A request to rezone approximately 4 acres of property form MA, Industrial Agricultural, to MRG, Garden Density Multifamily Residential. LOCATION: The property is located at approximately 6300 S. 236th Street. REMANDED TO HEARING EXAMINER FROM CITY COUNCIL APPLICATION FILED: August 24, 1994 DETERMINATION OF NONSIGNIFICANCE ISSUED: April 21, 1994 REMANDED HEARING DATE: March 1 , 1995 REMANDED RECOMMENDATION ISSUED: March 15, 1995 REMANDED RECOMMENDATION: APPROVAL STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department PUBLIC TESTIMONY: Robert "Doc" Hansen, for applicant Other: Brooks Fenton WRITTEN TESTIMONY: None Additional Exhibits: Exhibit S2: Housing Demand for MF Units Exhibit S3: Resume of Mr. Hansen Exhibit S4: Supplemental Staff Report of Planning Department Dated 2/21/95 Exhibit S5: Fiscal Impact Analysis Dated 2/14/95 1 Hearing Findings and Recommendation Ladum #RZ-94-2 Procedural Background The Hearing Examiner initially heard this application for a rezone on November 16, 1994. After considering the evidence submitted, he recommended approval of the rezone on November 30. The City Council considered the recommendation at its January 17, 1995 council meeting. The Council decided additional information was needed before the Council could act on the rezone request. The Council remanded the rezone application to the Hearing Examiner for an additional public hearing to address the fiscal impact of the proposed rezone, the need for the proposed rezone and the impact of the proposed rezone on the Kent Public Schools. The Hearing Examiner held an additional public hearing on March 1 to consider information related to the Council's request. Expert witnesses for the applicant and the city planning department appeared at the public hearing and both presented information to the Examiner. The following recommendation is supplemental to the original recommendation of the Hearing Examiner and incorporates the November 30 recommendation by reference. Additional Testimony: Mr. Fred Satterstrom, City Planning Department; Mr. Robert Steven Hansen, Applicant's Expert Witness on Fiscal Impacts; Mr. Brooks Fenton, Applicant's Expert Witness on Real Estate Demand. Additional Exhibits: Exhibit S2: Housing Demand for MF Units Exhibit S3: Resume of Mr. Hansen Exhibit S4: Supplemental Staff Report of Planning Department Dated 2/21/95 Exhibit S5: Fiscal Impact Analysis Dated 2/14/95 SUPPLEMENTAL FINDINGS 1 . In addition to the designation of the site as MF, Multifamily Housing, in the present comprehensive plan, the proposed rezone from MA to MR-G is incorporated into the proposed city-wide comprehensive plan as one necessary site for the City to obtain the 7,500 housing units required by the Growth Management Act. Testimony of Fred Satterstrom. 2. The City Council is expected to act on the proposed comprehensive plan in April. If the Council acts to adopt the comprehensive plan with the proposed designation for the rezone site, the proposed rezone would be consistent with - 2 Hearing Findings and Recommendation Ladum #RZ-94-2 the new comprehensive plan. If the Council decides the site is not suitable for multifamily housing, another site in the City would need to be selected in order to obtain the required number of residential dwelling units. Testimony of Fred Satterstrom. 3. There are only three parcels of property with a MA zoning designation remaining in the City. Two of these are in the process of being developed as City parks. The remaining parcel is the site under consideration for a rezone. Testimony of Mr. Hansen. 4. The greatest number of dwelling units possible on the site under an MR-G designation would be 64; although no specific project is associated with this rezone request. An additional 64 units would increase the total number of multifamily units in Kent by less than 0.56 percent. Since multifamily developments currently exist to the north, south and west of the site (with an elementary school to the east), the infrastructure necessary to support multifamily development is already in place near the site. The maximum number of projected vehicle trips per day would be less than 2,500 which could be accommodated by the existing road system. An 8" water line and 10" sewer line are presently available to the site. There are several parks in close proximity to the site including Russell Road Park, Cottonwood Drive, the Neeley-O'Brien Elementary School playfield and Riverbend Golf Course. There would be no financial impact on fire prevention services and less than a 0.5 percent increase in police calls. Thus, the project will have insignificant negative fiscal impacts upon Kent and the City's facilities." Exhibit S5, page 1, 5, 7. 5. Current revenue to the City of Kent is just over $500 per year. The revenue to the City from increased property value if developed with multifamily housing would exceed $11,000 per year. The City would also receive $35,200 for installation of meters to measure water use; $800 each month for sewer hook- up; and an undetermined amount of monies toward the construction of a detention pond capable of handling 275 acre feet of storm water storage. Exhibit S5, page 4, 7, 8. 6. The Neeley-O'Brien Elementary School is adjacent to the site proposed for a rezone. That school has a capacity of 487 students, but a 1994 enrollment of 565 students. Students from Neeley-O'Brien would attend Kent Junior High. Kent Junior High has a capacity of 847 students and a 1994 enrollment of 746 students. An additional elementary school has been approved and will be constructed by 1996. The addition of this school will lower the enrollment at Neeley-O'Brien. The maximum number of students that might live in 3 Hearing Findings and Recommendation Ladum #RZ-94-2 multifamily housing that may be developed at the site proposed for a rezone is 13 elementary students and six junior high students. Exhibit S5, page 8, 9. The Kent School District was informed of the proposed rezone and did not have a comment on it. Testimony of Fred Satterstrom. 7. The number of multifamily units in Kent is decreasing as a percentage of the total housing available. Approximately 70% of housing was multifamily in 1990; 60% in 1994; and a projected 50% by 1996. While the percentage of multifamily units is decreasing, the demand for multifamily units is increasing due to the increased cost of housing. Thus, 86% of vacant multifamily units are rented within six months of availability. Exhibit S2, Testimony of Mr. Hansen and Mr. Fenton. Several builders have already expressed in interest in the subject property. There is a demand for additional properties that can be developed with multifamily housing. Testimony of Mr. Fenton. 8. No one presented any concerns or testimony against the proposed rezone at the hearing on remand. 9. These findings are in addition to those of the Hearing Examiner's recommendation issued November 30, 1994 which are incorporated herein by reference. SUPPLEMENTAL CONCLUSIONS 1 . Section 1504.160 of the Kent Zoning Code requires the City to "predicate" a rezone of MA land to more intensive use upon the documentation of the need for additional residential land. The documentation must consist of a fiscal impact analysis that shows: (1) the proposed development is sufficient to generate revenues necessary to provide municipal services and (2) the other lands already zoned for the proposed use are not sufficient or suitable to accommodate demand for the proposed use. 2. The proposed rezone of the MA land to a multifamily designation, if developed with a multifamily project, would generate revenues necessary to provide all essential municipal services to the site. Findings of Fact No. 4 & 5. 3. The other lands already zoned for multifamily use are not sufficient to accommodate the demand for multifamily housing consistent with the proposed comprehensive plan policies of the City of Kent. Findings of Fact No. 1,2,3 & 7. If, however, the City modifies the proposed comprehensive plan, then the present designation of land may be consistent with a new plan and other lands 4 Hearing Findings and Recommendation Ladum #RZ-94-2 may become available for multifamily development. The proposed rezone may not then meet this requirement. Finding of Fact No. 2. City Council action on the proposed rezone should await Council action on the proposed elements of the comprehensive plan that impact this site. 4. The proposed rezone, if approved and developed with the maximum housing density, would not have a negative impact on schools. Any impacts a housing development would have could be accommodated by the Kent Public School district with existing facilities and those under construction. Finding of Fact No 6. 5. These conclusions are in addition to those of the Hearing Examiner's recommendation issued November 30, 1994 which are incorporated herein by reference. REVISED RECOMMENDATION FOLLOWING REMAND Based on the above Findings and Conclusions, the Examiner recommends the City Council APPROVE this request for a rezone. It is the Examiner's opinion that the rezone request, as proposed, meets the criteria for approval established by the Council and that the specific concerns of the Council expressed at its January 17 meeting. If , however, the Council decides to amend the proposed comprehensive plan with reference to this site, and adopts a revised comprehensive plan prior to consideration of this rezone request, the Council should review the proposed rezone in light of that new comprehensive plan. Dated this 15th day of March, 1995. �9 THEODORE PAUL HUNTER Hearing Examiner APPEALS FROM HEARING EXAMINER DECISIONS. Request of Reconsideration Any aggrieved person may request a reconsideration of a decision by the Hearing Examiner if either (a) a specific error of fact, law, or judgment can be identified or (b) new evidence is available which was not available at the time of the hearing. Reconsideration requests should be addressed to: Hearing Examiner, 5 Hearing Findings and Recommendation Ladum #RZ-94-2 220 Fourth Avenue S., Kent, WA 98032. Reconsiderations are answered in writing by the Hearing Examiner. Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new information cannot be raised on appeal. All relevant information and arguments should be presented at the public hearing before the City Council. There is no appeal of the Hearing Examiner's recommendation to the City Council. The City Council shall consider the rezone recommendation at a regularly scheduled public meeting within 30 days. c:rz942fin.2 6 CITY OF )r�\,L L-S CITY OF KENT OFFICE OF THE LAND USE HEARING EXAMINER (206) 859-3390 Theodore P. Hunter R�TS��rSt Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: LADUM #RZ-94-2 APPLICANT: Larry and Jacqueline Ladum REQUEST: A request to rezone approximately 4 acres of property fOm MA, Industrial Agricultural, to MRG, Garden Density Multifamily Residential. LOCATION: The property is located at approximately 6300 S. 236th Street. APPLICATION FILED: August 24, 1994 DETERMINATION OF NONSIGNIFICANCE ISSUED: April 21 , 1994 MEETING DATE: October 19, 1994 continued November 16, 1994 RECOMMENDATION ISSUED: November 30, 1994 RECOMMENDATION: APPROVAL STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department PUBLIC TESTIMONY: Larry Ladum, applicant WRITTEN TESTIMONY: None EXHIBITS: 1 ) Hearing Examiner file 2) Letter from Larry Ladum requesting delay of hearing INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. 1 Hearing Findings and Recommendation Ladum #RZ-94-2 FINDINGS 1 . The property proposed for a rezone is located at approximately 6300 South 236th Street. . 2. The property is approximately 4 acres. The applicant proposes a rezone from MA, Industrial Agricultural, to MRG, Garden Density Multifamily Residential. Exhibit 1 . 3. Property to the north, south and west of the site is zoned MRG, Garden Density Multifamily Residential. Property to the east of the site is zoned Industrial Agricultural. A multifamily residential development known as "The Lakes" borders the property on the west and south sides. The property to the north is currently undeveloped, but is part of a future phase of The Lakes development. The site to the east is occupied by the recently completed Neeley-O'Brien Elementary School. Exhibit 1; Testimony of Fred Satterstrom. 4. The City-wide Comprehensive Plan map designates the site as MF, Multifamily Residential. The Valley Floor Plan also designates the site as Multifamily. Exhibit 1 . 5. No specific development project is associated with this rezone application. Exhibit 1; Testimony of Mr. Ladum. 6. A final Mitigated Determination of Nonsignificance was issued for this proposal on April 21, 1994. Two conditions were attached to the MDNS related to traffic and stormwater runoff mitigation. The MDNS was not appealed. 7. A public hearing was held on this application on November 16, 1994. Notice of the public hearing was posted on the site, published in the newspaper and mailed to persons living near the site. The public hearing was attended by a representative of the City and the applicant. The City presented a recommendation to approve the rezone request. Exhibit 1; Testimony of Fred Satterstrom. The applicant presented testimony in support of the rezone request. Testimony of Larry Ladum. No one testified or submitted any evidence against the rezone request nor did anyone raise any concerns or questions about the rezone request at the public hearing. All testimony and evidence presented prior to and during the public hearing supported approval of the rezone request. 2 Hearing Findings and Recommendation Ladum #RZ-94-2 CONCLUSIONS Jurisdiction and Authority The Hearing Examiner has jurisdiction to hold a public hearing on this quasi-judicial rezone, and to issue a written recommendation for final action to the Council, pursuant to RCW 35A.63.170 and Chapters 2.32 and 15.09 of the Kent City Code. Section 15.09.050 (A)(3) of the Kent Zoning Code sets forth the standards and criteria the Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if: a. The proposed rezone is consistent with the Comprehensive Plan; b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity; C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated; d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone; e. The proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent. Based on the Findings specified above, the Examiner makes the following conclusions: Consistencv with Comprehensive Plan CONCLUSION 1: The proposed rezone is consistent with the both the City-wide Comprehensive Plan and the Valley Floor Comprehensive Plan. 1.1 Both plans recognize the transitional nature of the MA zoning designation. The purpose of that designation was to allow some control over how much multifamily development occurs. Both plans have designated the site as suitable for multifamily residential development. 1.2 The Examiner must also consider the policies of the comprehensive plans as well as the map designations. The City of Kent Council decided to develop a comprehensive plan as authorized by state law many years ago. See, Chapters 35.63 and 35A.63 RCW. According to state law, a comprehensive plan means "the policies and proposals approved by the 3 Hearing Findings and Recommendation Ladum #RZ-94-2 legislative body" in the manner set forth in state law. RCW 35A.63.010. This may include a map or maps, charts, diagrams, reports and explanatory text as well as "other devices and materials" to "express, explain or depict" the elements of the plan. RCW 35A.63.061 . The policies of the Valley Floor Plan include an overall housing goal to "preserve and expand existing residential neighborhoods located close to necessary public facilities and services" and to "guide new residential development into suitable areas on the Valley Floor." Exhibit 1, Planning Department Report, page 4. The proposed rezone is consistent with these policies. Compatibility with Development in the Vicinity CONCLUSION 2: The potential development associated with the rezone proposal would be compatible with the existing development in the vicinity of the proposed rezone. The proposed rezone is in an area of multifamily residential housing development. The proposed rezone would be consistent with surrounding development. The type of development authorized under the proposed zone is more compatible with the existing development than is the type of development authorized under the current zone. The MA zone authorizes the processing of agricultural and horticultural products. This type of activity is not compatible with multifamily residential development that surrounds the site. Burden on Transportation System CONCLUSION 3: The proposed rezone would not unduly burden the transportation system 3.1 The traffic impacts associated with the potential development of the proposed rezone were reviewed by the City as part of the environmental review of the rezone proposal. The Planning Department evidence shows that traffic impacts associated with potential developments in the MRG zone can be mitigated at the time of the application for a specific development. Exhibit 1, (MDNS). Change of Circumstances CONCLUSION 4: Circumstances have changed substantially since the establishment of the MA zone to warrant the proposed rezone. The subject property was annexed to the City in 1959 and was given the "MA" zoning designation in 1972. There has been significant changes in land use activity around the site since 1972. The proposed zoning designation reflects the multifamily growth that has occurred in the area. 4 Hearing Findings and Recommendation Ladum #RZ-94-2 Health Safety and Welfare of the Citizens of Kent CONCLUSION 5: The proposed rezone would not adversely affect the general welfare of the citizens of Kent in the area surrounding the proposed rezone. No one presented any evidence of any nature against this rezone proposal. The Hearing Examiner must conclude that the proposed rezone would not have any adverse affect on anyone in the area surrounding the rezone. RECOMMENDATION Based on the above Findings and Conclusions, the Examiner recommends the City Council APPROVE this request for a rezone. It is the Examiner's opinion that the rezone request, as proposed, meets the criteria for approval established by the Council. Dated this 30th day of November, 1994. THEODORE PAUL HUNTER Hearing Examiner APPEALS FROM HEARING EXAMINER DECISIONS. Request of Reconsideration Any aggrieved person may request a reconsideration of a decision by the Hearing Examiner if either (a) a specific error of fact, law, or judgment can be identified or (b) new evidence is available which was not available at the time of the hearing. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S., Kent, WA 98032. Reconsiderations are answered in writing by the Hearing Examiner. Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new information cannot be raised on appeal. All relevant information and arguments should be presented at the public hearing before the City Council. There is no appeal of the Hearing Examiner's recommendation to the City Council. The City Council shall consider the rezone recommendation at a regularly scheduled public meeting within 30 days. - crz942.fin 5 CITY OF �LrM� CITY OF KENT KENT PLANNING DEPARTMENT (206) 859-3390 STAFF REPORT m�vuca� FOR HEARING EXAMINER MEETING OF MARCH 1, 1995 3 : 00 PM FILE NO : LADUM REZONE #RZ-94-2 APPLICANT: Larry and Jacqueline Ladum REQUEST: A remand from Kent City Council to consider two Zoning Code Sections : 15 . 04 . 160 and 15 . 09 . 050 (C) (5) This item was heard on November 16 , 1994 and is a request to rezone approximately 4 acres of property from MA, Industrial Agricultural, to MR-G, Garden Density Multifamily Residential STAFF REPRESENTATIVE : Fred N. Satterstrom, Planning Manager STAFF RECOMMENDATION: APPROVAL HEARING EXAMINER RECOMMENDATION: APPROVAL CITY COUNCIL ACTION: REMAND TO HEARING EXAMINER I . REMAND INFORMATION On January 17, 1995 this item came before the Kent City Council and after deliberations, it was remanded back to the Hearing Examiner to address two issues : 1) fiscal impacts of the proposed rezone (Section 15 . 04 . 160 of the Kent Zoning Code) , and impacts to schools (Section 15 . 09 . 050) . City Council expressed concern that the fiscal impacts of the rezone were not adequately addressed, as required by KCC, Section 15 . 04 . 160 . This section states : "The City has, through its RA and MA zones, the key to assuring efficient and attractive growth. It is essential that the City avoid excessive zoning far in advance of demand. Rezoning of RA and MA lands to more intensive use shall be predicated upon the documentation 1 Staff Report Ladum Rezone Remand #RZ-94-2 of the need for additional residential, commercial, or industrial land in the city. This documentation shall consist of a fiscal impact analysis showing that the other lands already zoned and accessible to municipal services are not sufficient or suitable to accommodate demand for the proposed uses and that the market demand for the proposed development is sufficient to generate the revenues necessary to provide municipal services, including but not limited to police, fire, streets, water, drainage and sewer, required by the project. " Also, Council expressed concern that the issue of school impacts be addressed further. This concern relates to the criteria relating to rezones, KCC Section 15 . 09 . 050 (C) (5) which states : "The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of Kent. " II . ANALYSIS Fiscal impact analysis : The applicant, Mr. Larry Ladum, had originally submitted some materials on October 31, 1994 in an attempt to satisfy the intent statement of Section 15 . 04 . 160 . These materials included a cover letter (dated 10-31-94) , a list of vacant lands in the Kent area, and a Cain & Scott publication which discusses the rental market . Staff concluded at the time that these materials did not constitute a comprehensive analysis of fiscal impacts but probably met the intent of the zoning code requirement . This conclusion was entered into the record by verbal testimony of city staff at the public hearing on November 16, 1994 . Following the remand by the City Council, a fiscal impact analysis was submitted to the Kent Planning Department by Progressive Land Planning on February 14, 1995 . This study was completed by Mr. Robert Hansen on behalf of the applicant and is appended to this staff report . The fiscal impact analysis submitted by Mr. Hansen describes the anticipated 64-unit multifamily development of the Ladum site and discusses impacts to fire, police, and water and sewer services . The conclusion of the report is that the "revenues from increased land value assessment and City fees will largely outweigh costs since services and facilities already exist . " (p. 1) . The report did not include 2 Staff Report Ladum Rezone Remand #RZ-94-2 documentation that other lands already zoned and accessible to municipal services are not sufficient or suitable to accommodate additional residential growth, however. School Impacts : Notification of the proposed Ladum rezone was mailed to the Kent School District on October 7, 1994 . No comments were submitted from the District either in writing or in public testimony at the hearing on November 16 , 1994 . The fiscal impact analysis submitted by Mr. Hansen also addresses impacts to elementary and junior high schools in the area of the proposed rezone. According to the analysis, the proposed 64-units would result in 13 new elementary students and 6+ new middle-school students . The report concludes that "while enrollment of Neeley-O'Brien is now beyond capacity, the new elementary school planned for 1996 should significantly improve the situation making impact of this project upon schools non-significant . " (p. 9) . KENT PLANNING DEPARTMENT February 21, 1995 c :rz942 .rem 3 City of Kent - Planning DepartmE. . \ _ LL 0 Loz? o In CIO __ S. 236TX. 5 l[y1'.��y 1 00 E-2 rF3t APPLICATION NAME: Ladum NUMBER: #RZ-94-2 DATE: October 19, 1994 November 16 , 19,4 REQUEST: Rezone N LEGEND Application site Zoning / Topography Zoning boundary Kent City Limits A t apr ppm cATY wu NqL January 17, 1995 MINVID i• 17- OI S • PUBLIC WORKS therefor. The County will be funding the overlay work on both ends of this particular segment. The actual cost is anticipated to be within the $65, 000 budgeted. (CONSENT CALENDAR - ITEM 3L) Carnaby Street Sidewalks. AUTHORIZATION to accept as complete the contract with Mer-Con Inc. for the Carnaby Street Sidewalks project, and release of retainage after receipt of State releases, as recommended by the Public Works Committee. The original contract was $36, 290. 00 . The final construction cost was $43, 740. 92 , the overage being due to additional landscaping required. Adequate funds within the sidewalk fund exist to cover this overage.. (CONSENT CALENDAR - ITEM 3R) Reiten Road Landslide. AUTHORIZATION to accept as complete the contract with Pile Contractors, Inc. for the Reiten Road Landslide project and release of retainage after State releases, as recommended by the Public Works Director. The original contract was $24 , 400. 00. The final • construction cost was $24, 740 . 00. PLAT (CONSENT CALENDAR - ITEM 3F) South Bend Preliminary Plat #SU-94-8. AUTHORIZATION to set March 9, 1996 as the date for a one-year extension for South Bend Preliminary Subdivision No. SU-94-8 as requested by Robert A. Bennett to insure that this plat is completed. REZONE (OTHER BUSINESS - ITEM 4B) Ladum Rezone #RZ-94-2. The Hearing Examiner has recommended approval of an application by Larry and Jacqueline Ladum to rezone four acres from MA, Industrial Agricultural, to MRG, Garden Density Multifamily Residential. The property is located at approximately 6300 S. '236th Street. ORR MOVED to remand the Ladum Rezone RZ-94-2 back to the Hearing Examiner to address two issues. Houser seconded. Orr explained that Kent Zoning Code Section 15. 04 . 160 states that rezoning of RA and MA • lands to more intensive use shall be predicated 4 January 17, 1995 REZONE upon the documentation of the need for addi- tional residential, commercial or industrial land in Kent and that this documentation shall consist of a fiscal impact analysis showing the other lands already zoned and accessible to municipal services are not sufficient and/or suitable to accommodate demand for the proposed uses and that the market demand for the proposed development is sufficient to generate the re- venues necessary to provide municipal services including but not limited to police, fire, streets, water, drainage and sewer required by the project. She said she does not feel this issue has been addressed. Orr said the second issue relates to Section 15 . 09 . 050, A. 3 . e. , which states that the pro- posed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. She noted that this rezone directly abuts an elementary school which is at or over capacity and she would like . this issue addressed. There were no further comments and Orr' s motion carried. ANNEXATIONS (CONSENT CALENDAR - ITEM 3T) (ADDED BY OPERATIONS DIRECTOR MCFALL) Beck Annexation. AUTHORIZATION to set February 71 1995, as the date for a public hearing on the Beck Annexation, to consider adoption of an annexation ordinance at that time, and to publish the appropriate notice. (OTHER BUSINESS - ITEM 4C) Meridian Annexation. The proposed resolution establishes a policy to preserve and encourage single-family residential use as the predominant land use within the proposed Meridian Annexation area. Additionally, the resolution directs staff to implement this policy as part of the City's draft Comprehensive Plan. Orr noted that a revised copy of the resolution has been provided to Councilmembers, and that it was approved by the Planning Committee today. • SHE THEN MOVED to adopt Resolution No. 1420 establishing a policy to preserve and encourage 5 RECEIVED FEB 1 41995 CITY OF KENT PLANNING DEPARTMENT FISCAL IMPACT ANALYSIS OF RZ-94-2, LADUM REZONE PROGRESSIVE LAND PLANNING Robert 'Doc' Hansen 1902 So. Meridian Puyallup, WA 98371 February 14, 1995 FISCAL IMPACT ANALYSIS OF RZ-94-2E LADUM REZONE 1. Summary of Project and its Fiscal Impacts The project being proposed is 64 multiple family units located on 4 . 0 acres within the City of Kent. The proposal has no specific site plan and Fiscal Impact must be determined on basis of "worst case" scenario, its specific location, and relation to City services. The site is bounded to the north, south and west by structures of multi- family nature assumed similar to the ones being proposed here. To the west sits the Neeley-O'Brien Elementary School. Existing public capital facilities surround the site and public services already accommodate the area. After inspecting the area and existing services, examining past population characteristics and making several assumptions, it can be stated that the project will have insignificant negative fiscal impacts upon Kent and the City's facilities. Revenues from increased land value assessment and City fees will largely outweigh costs since services and facilities already exist. Assuming a high occupancy rate, the project will generate 126 new persons to the area not necessarily from outside current or potential city boundaries. Existing school and public services will be able to accommodate the new population since the facilities are available to serve the site. Fire and Police response times will not be impacted since the area is now served for similar land use. During construction, retail sales to construction workers on site would increase. After construction and during low occupancy, retail sales would also increase in the area. General revenue from taxes on the improved property value would probably add $11,000 annually based upon current tax levy rates. More detailed analysis is found within the report. Page - 1 Fiscal impact Analysis, RZ-94-2, Ladum Rezone Page - 2 2 . Project Description The project being proposed is summarized within the City's Staff Report RZ-94-2 completed by Mr. Fred Satterstrom. Hearing was completed on November 16, 1994 requesting a rezone of approximately 4 .0 acres from MA ( Industrial Agricultural) to MR-G (Garden Density Multiple Family Residential) . The rezone would permit the development of multiple family units to be constructed upon the property. Although the applicant submitted no specific plans for development, his project would consist of 64 multiple family units. Staff has indicated and summarized that the project would result in less than 2500 vehicle trips per day and water and sanitary sewer would be provided by the City of Kent through an 8 inch water line and a 10 inch sanitary sewer line. As indicated within Mr. Satterstrom's report, "several parks are located in the general vicinity of that rezone site, including Russell Road Park, Cottonwood Drive and Riverbend Golf Course. The playfield at Neeley-O'Brien Elementary School is also open to the public for recreational purposes. " Also as indicated by staff within its report, the proposed rezone is consistent with the Comprehensive Plan and the proposed development would be consistent with the surrounding environment. After reviewing information that it had received within the application, Staff ends its report by recommending approval of the project. It is important to recognize the location of the 4 . 0 acres proposed for the project. The area is surrounded by multiple family structures similar to those being proposed on site. Being surrounded by multiple family structures and the elementary school, it is unlikely that the acreage being proposed for a multi-family development will be favorable for single family development due to market. Return on the investment in single family development would not be as great as would multi-family development. The amount of investment that would be required for single family structures on this site could be invested in other parts of King County, Pierce County, or Snohomish County with greater return and less "non-sale" risk. Page - 2 Fiscal impact Analysis, RZ-94-2, Ladum Rezone Page - 3 3 . Existing Conditions and Anticipated Impacts A. Population and Housing Characteristics. Current population and housing characteristics for the City of Kent are summarized in the Table below. In 1990 before annexation activities household size was 2 .34 persons per unit. Using estimates supplied to the State's Office of Financial Management, household size has reduced slightly to 2 . 26 persons per household. The Department of Planning in its Comprehensive Plan estimates that 60% of the housing units are within multi-family structures. Population/Housinq Characteristics city Population 1990 1994 City Population 37,960 43,733 City Housing Units 16,246 19,309 Multi-Family (Assuming 60% of Total Housing 9,748 11,585 Units) Multi-Family Household size 2.34 2.26 Proiect 59 Expected Occupied Housing Units (Assuming 7.1% vacancy) Expected Population (Assuming 2.3 Persons per Household) 136 For purposes of this report it is not unreasonable to assume a household size of 2 . 3 persons per household and a vacancy rate of 7%. In 1990 vacancy rate was averaging 18 .6% for renter occupied units in structures having between 5-9 units - characteristic of the type of units being proposed here. Assuming a 7 . 1% vacancy rate (permitting a "worst case" scenario) 4 .5 units would be vacant and 59 units would have population. Page - 3 Fiscal Impact Analysis, Rz-94-2, Ladum Rezone Page - 4 Assuming 2 . 3 persons per unit, an additional 136 people would be brought to Kent. This assumes, of course, that all population to the project would come from outside Kent when, in fact, some of the population residing in the resulting project will transfer from other places in the City. Also assuming that 60% of the total number housing units are now multifamily structures, the City of Kent now has 11, 584 multifamily units. An additional 64 units would increase the number of total multi-family units in Kent by less than .56%. B. Anticipated Revenue from Increased Assessment. The project is expected to contribute money to the retail economy from the employment necessary for its construction. Residential construction activity adds to the economic growth of the region by contributing to retail sales associated with residential activity and construction (building supply, hardware, furniture sales, business services and communication) . Taxable retail sales of construction materials in the Puget Sound area accounts for 9.4% of total taxable retail sales equaling over $3 .5 billion. Construction currently equals and is expected to continue to equal over 5% of total employment throughout the region. While no specific site plan has been submitted by the applicant for the project being proposed, it can be assumed that units will be appraised similarly to those multifamily structures which are adjacent to the site. Assuming a continued rate of taxation of 3 . 084 per $1000 of assessed property value (the current rate indicated within the City's budget) , revenue from increased property. value can be expected to exceed $11,000 per year. Current revenue from the unimproved property equals just over $500 per year. Page - 4 Fiscal impact Analysis, RZ-94-2, Ladum Rezone Page - 5 C. Existing Fire and Police Services and Anticipated Impacts. 1 . Fire Services Information for the total number of calls made to the Kent Fire Department in 1994 was obtained from the Department. The proposed project is located in an area protected primarily by Station #71 . If Station #71 is unable to handle emergency calls or if circumstances such as poor traffic flow exist which slow response time, the station is backed by Station #76 . The Table below outlines the number of calls both stations received during 1994 and the call type. Both call types are considered "Priority 1" calls since they involve some kind of emergency. Kent Fire Runs Station Total Runs EMS Runs % of Total Fire Calls % of Total # 71 2,501 1,750 69.97 138 5.52 # 76 1, 137 604 53.12 87 7.65 TOTAL 9,797 6,684 68.20 615 6.28 Of the seven stations in Kent, Station #71 receives more calls than the others (25.52% of all calls with the City) . It receives the most EMS (Emergency Medical Service) calls of all seven Stations and only one station of the seven (Station #74 ) has a higher percentage of its total calls allocated to EMS calls. While Station #71 has the highest number of structure fire calls of the seven, only one station ( #74 ) has a lower percentage of its total calls allocated to structure fire calls. Page - 5 Fiscal impact Analysis, RZ-94-2, Ladum Rezone Page - 6 A number of factors should be accounted in determining a project's impacts upon the Kent Fire Department. First, Stations are responsible to an area based upon its potential response time to an emergency. The traffic flow during one part of the day will have more bearing upon whether a station protects a particular area than how much area or how many commercial and\or housing units may be in an area. Therefore, during the peak flow period of the day, Station #76 may be more effective in responding to an emergency at the site than would be Station #71. Because response time is the primary consideration in determining impacts upon the Fire Department, it is important to consider a potential development's impact upon the Department's response time to the site being developed in case of an emergency. Station #76 reported a total of 1137 calls in 1994 . Of those calls 604 or only 53. 12% were EMS calls and 87 or 7 . 6% of those calls were structure fires - far less than for Station #71 . Because the proposed project is located adjacent a high density area and will have to meet new fire prevention standards, impact upon the existing response time would not occur. Hydrants for existing apartment complexes already exist across the street from the proposed project (See Water Map) . Since no impact will be made upon the response time, statement of "no financial impact" upon fire prevention is justifiable. 2 . Police Services The Kent City Police Department consists of a total of 134 personnel. Eighteen ( 18) of those personnel are clerical and the City has 85 commissioned officers. Patrol consists of 55 officers. In 1994, police had a total of 57,559 calls which was not broken down by type of call (emergency vs. non-emergency) . If the total number of calls were divided by population, it can be anticipated that the project would result in an additional 177 Page - 6 Fiscal impact Analysis, RZ-94-2, Ladum Rezone Page - 7 calls per year. If the total number of calls were divided by total number of housing units, police calls could be expected to increase by 191 calls per year. Like the impacts upon the fire district, the increase upon police services are insignificant since services already exist for the area. D. Existing Water and Sewer Services and Anticipated Impacts. Maps at the end of this report show the location of water facilities, sewer facilities, and storm sewer facilities in relation to the proposed site. The maps were obtained from the City of Kent Department of Public Works and all have a scale of 1"=300 ' . The first map displaying sanitary sewer facilities shows the site being served on the south by an 8" gravity main which flows into a 10" gravity main on the west. It is assumed that a 6" to 8" main would be required on-site to serve the project and that the main would flow to the 10" main on the west. The developer would be responsible for direct hook-up to sewers thereby creating no construction cost to the City except in inspection of hook-up. Assuming a "worst- case scenario for income from the project, the City would receive $800 monthly utility fees of $17 . 36 per unit with an 18% vacancy rate. The second map shows existing water facilities. The site is served at the north and south ends by 8" mains. A hydrant exists at the south end and across the street from the site. While hydrants are likely necessary for site protection, the hydrants would have to be provided and installed by the developer leaving no construction cost to the City except as is involved in inspection. Assuming each household would be responsible for its own water bill, the City would receive $35 ,200 for installation of meters to measure water use. Contractors would be charged $6,400 for cost of meters . Page - 7 Fiscal impact Analysis, Rz-94-2, Ladum Rezone Page - 8 The third map shows storm sewer facilities in relation to the site. The MDNS approved for the project shows the developer has agreed to executing a no-protest ULID covenant for construction of a detention basin capable of providing 275 acre feet of storage of storm water. This would be provided at no cost to the City. The fourth map is provided to show the site is not within inventoried wetlands, the nearest being a wetland east of the adjacent elementary school. 4. School Impacts The proposed project is served by the Kent School District. The project is expected to most impact the adjacent Neeley- O'Brien Elementary and the Kent Junior High School. The table below outlines these schools and their 1994 enrollment as of October, 1994 . Schools in the Kent School District Serving Site Name 1994 Enrollment Capacity Neeley O'Brien 565 487 Kent Junior High 746 847 As can be seen by the table Neeley elementary is now over capacity and Kent Junior is below capacity according to the School District. Existing teacher contracts indicate maximum teacher:student ratio should not exceed 1:27 . This is currently exceeded in many classrooms according to the School District. In discussing the existing situation with the Kent School District it was pointed out that an additional elementary school has been approved and will be constructed by 1996 . The addition of this school will lower enrollments in Neeley-O'Brien by distributing them towards other schools . Page - 8 Fiscal Impact Analysis, RZ-94-2, Ladum Rezone Page - 9 The proposed project is located in a high density area. Because it is not known the exact make-up of the population that will reside in this project, projection of the number of students that this project will generate depends upon a number of assumptions. First, it is assumed that the same number of elementary and middle school-aged children that existed per housing unit in 1990 will exist in the new project. This assumption is not unreasonable since housing growth began in this area after 1988 and should still reflect the character of the area. A second assumption made is that the age breakdown of students resulting from the project will equal the same age breakdown as now exists . In 1990-1991 the Kent District the number of households in the Kent area displayed . 18 elementary-aged students per multifamily household. Therefore, it is assumed that each household in the project will contribute .2 elementary-aged students to the adjacent Neeley-O'Brien school. Also in 1990 there existed .07 persons per household of junior high school age in multi- family households. Therefore, it is assumed here that the proposed project would result in . 1 students of middle- school age per housing unit. These numbers have been rounded upward and do not reflect a vacancy rate to provide a "worst case" scenario. Given these assumptions the number of school-aged children brought to the area by the project can be estimated. Again assuming no vacancy, the project's 64 units would result in 12 .8 or 13 elementary students to Neeley-O'Brien Elementary and 6.4 middle-school students to Kent Junior High School. While enrollment of Neeley-O'Brien is now beyond capacity, the new elementary school planned for 1996 should significantly improve the situation making impact of this project upon schools non-significant. Page - 9 `✓--•—_ ��. »" l Lam_ � P.ivg��- ♦ V/ / \ _ 1 Diu u .n' / .. i --, r .� - '/�,•\� �.0� ems- ... _�::....: Lj ,tea�. .� � a• �� �� ►� - __.. t3l _ - - - - -- - _ - - - - -- - 64TH. AVE, Ho 2-6 i � -� y b , a cx♦ .. Q b ✓�QOD � .D ��-,�QO 1 � - w » ry I 1Z Viz_ ❑ y\� .. .��,..:::.. kill l?- � r� hIN w ❑ - —» •_.• - - ...............................E- . - - _-- - ..-�-��y-?'-�� ..• .- ; _ :. _ _............... ..._. . •i o oC47 � O- v k s 6 I L42E 8-:-.... Oi i.... n -_.-__...._._.12-.v_...._.._._-.-_-._BBB /f1EF. 6 W I M C2 h�J h-1 j i a ... TV ................ 4B 10. 1 68i9.IPVE. S. i •�.12' .__....:......:. ` `- .. ILK.t - B7�- C ' '. ............ : Ef. B75I f ( ' I--,' I-J -' � � �r��// i %� �� ..ir -�V it �S _ •. _ V . .. .::..::.:.: ........:............ ...................... J 1 V vl to ...... Ij lot c J _ Q ...................... l ! / —� . Q cfSIR a -- ❑ , �� s --gat FEE. Yl Tl I D iW y pj o El u i1 N Y O O 1 o j o - _ :................ 1 z O M. VXLtET-XYIY:--mac._................... ........................ ....- - - - - - - ......-. ....... ❑ ,AT ....67 .. 1f �.:. CITY OF J CITY OF KENT KENT PLANNING DEPARTMENT (206) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF NOVEMBER 16, 1994 3 : 00 PM FILE NO: LADUM REZONE #RZ-94-2 APPLICANT: Larry and Jacqueline Ladum REQUEST: A request to rezone approximately 4 acres of property from MA, Industrial Agricultural, to MR-G, Garden Density Multifamily Residential STAFF REPRESENTATIVE : Fred N. Satterstrom, Planning Manager STAFF RECOMMENDATION: APPROVAL I . GENERAL INFORMATION A. Description of the Proposal The applicant proposes to rezone approximately 4 . 0 acres from the current zoning of MA, Industrial Agricultural, to MR-G, Garden Density Multifamily Residential . No specific development plans have been submitted as a part of the rezone request . B . Location The subject property is located at approximately 6300 South 236th Street . C. Size of Property The size of the subject property is approximately 4 . 0 acres . The configuration of the lot is long and narrow, measuring approximately 192' (width) by 900' (depth) . D. Zoning The subject site is bordered on the north, west, and south sides by MR-G zoning. The parcel to the east of the site is zoned MA. 1 Staff Report Ladum Rezone #RZ-94-2 E. Land Use The subject site is a remnant parcel wedged between the developing Lakes project and the recently completed Neeley-O' Brien Elementary School . Multifamily residential use at The Lakes borders the rezone site on its west and south sides . The elementary school borders the site on the east . The parcel to the north is presently vacant but is part of a future phase of The Lakes development . F. History The subject property was annexed into the City of Kent in 1959 as part of a 2, 990 acre annexation (ordinance #1013) . The present MA zoning was applied to the property in 1973 as a result of a city-wide zoning project . II . ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A mitigated Determination of Nonsignificance (MDNS) for the rezone was issued on April 21, 1994 (File #ENV-94-12) . Two conditions were applied to the MDNS related to traffic and stormwater mitigation. B . Significant Physical Features 1 . Topography and Vegetation The site is generally flat . Field grass and a few, small deciduous trees cover the site . C. Significant Social Features 1 . Street System The property has access to South 236th Street which is classified as a Residential Collector. The street has a public right-of-way width of 60 feet while the actual width of paving is 36 feet . The street is improved with 2 lanes of asphalt paving, curb and gutter, stormwater drainage, sidewalks and street lighting. The average daily traffic count 2 Staff Report Ladum Rezone #RZ-94-2 on the street is less than 2500 vehicle trips per day. Traffic mitigation as a result of development of the site has been addressed through the environmental review process for the rezone . 2 . Water and Sanitary Sewer Systems An existing 8-inch water line and a 10-inch sanitary sewer line are available to serve the subject property. 3 . Stormwater System An on-site detention system and stormwater treatment system may be required at the time of development . 4 . LID' s There are no existing or proposed Local Improvement Districts for this property. 5 . Parks Several parks are located in the general vicinity of the rezone site, including Russell Road Park, Cottonwood Grove, and Riverbend Golf Course . The playfield at Neeley-O'Brien Elementary School is also open to the public for recreational purposes . III . CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Department of Operations City Attorney Fire Chief City Clerk Chief of Police Development Services/Fire Prevention Director of Public Works Parks and Recreation Director In addition to the above, all persons owning property which lies within 200 feet of the site were notified of the application and of the public hearing. 3 Staff Report Ladum Rezone #RZ-94-2 IV. PLANNING DEPARTMENT REVIEW A. Comprehensive Plan The City-wide Comprehensive Plan map designates the subject site as MF, Multifamily Residential . The proposed rezone site falls within the planning area of the Valley Floor Plan; this plan also designates the subject site as Multifamily. A rezone from Industrial Agricultural to Medium Density Multifamily is consistent with the following goals, objectives, and policies of the Valley Floor Plan: HOUSING ELEMENT GOAL 1 : Preserve and expand existing residential neighborhoods located close to necessary public facilities and services . GOAL 2 : Guide new residential development into suitable areas on the Valley Floor. POLICY 2 : Permit and encourage multifamily residential development where necessary services are available . ECONOMIC DEVELOPMENT ELEMENT GOAL 1 , POLICY 6 : Rezoning of RA and MA land for more intensive use should occur contiguous to areas already having services, utilities and adequate roads available . Planning Department Comment : The City-wide and Valley Floor Plan maps both designate the subject site as Multifamily Residential . The policies of the Valley Floor Plan that apply to this application seem to encourage higher density multifamily residential use in areas where utilities and public services are already provided or can be provided at minimal public cost . The proposed rezone site is consistent with this policy. Water and sewer utilities are available to the site. Full street improvements have been made in the area. Public services are available . 4 Staff Report Ladum Rezone ##RZ-94-2 With existing multifamily use to the west and an elementary school to the east, the site represents an "in-fill" situation where multifamily use would be compatible with its surroundings . B . STANDARDS AND CRITERIA FOR GRANTING A REQUEST FOR REZONE According to Kent City Code Section 15 . 09 . 050 (C) , " . . .the following standards and criteria shall be used by the Hearing Examiner and City Council to evaluate a request for rezone . Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. " 1 . The proposed rezone is consistent with the comprehensive plan. Planning Department Comment : As mentioned above under discussion in section IV.A, the proposed rezone is consistent with the City-wide and Valley Floor Plan maps, as well as the policies of the Housing and Economic Development elements of the Valley Floor Plan. 2 . The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Department Comment : If developed to medium-density multifamily residential use, the proposed rezone site would be compatible with land in the area. The rezone site is bordered by existing multifamily development on the west and south sides . Future multifamily residential development is planned to the north. An existing elementary school is located adjacent to the east . 3 . The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. 5 Staff Report Ladum Rezone #RZ-94-2 Planning Department Comment : The site has access directly to S . 236th Street, which is a fully improved street with curbs, gutters, sidewalks , and storm drainage facilities . This road currently has less than 2 , 500 vehicle trips per day. Mitigation of traffic impacts was also addressed during the environmental review process, and area-wide impacts were addressed through a corridor agreement for construction of the 224th Street arterial . In addition, public transportation is available on S . 236th Street near the subject site . 4 . Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone . Plannina Department Comment : The current MA zoning was applied to the subject property with the adoption of a new city-wide zoning ordinance in 1973 . Since that time, over 1, 000 units of multifamily development have been constructed at The Lakes, an adjacent master planned community approved in 1980 . The Neeley-O' Brien Elementary School was constructed on land to the east in 1992 . Other multifamily development has occurred to the east and south of the rezone site . Infrastructural improvements - i .e . , roads and utilities - have been constructed in the vicinity to meet the needs of a growing residential population. The industrial development anticipated by the MA zoning in 1973 has not occurred. Instead, the area surrounding the site has become residential in character, and built out in multifamily residences in the range of 16-20 units per acre . A rezone to MR-G would be compatible with recent development trends in the area . S . The proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the city. Planning Department Comment : The proposed rezone to MR-G will not adversely affect the public health, safety and general welfare of citizens of the city. The environmental review for the proposed rezone concluded that no significant adverse impacts 6 Staff Report Ladum Rezone #RZ-94-2 which could not be mitigated would result from multifamily development on the site . The site is flat with no significant vegetation. A fully improved roadway provides access to the site, and utilities are adequate to serve future multifamily development . Existing, surrounding residential development has been built under MR-G zoning, the same zoning which is requested under this application. Therefore, the proposed rezone will not adversely affect the general welfare of the citizens of Kent . V. PLANNING DEPARTMENT RECOMMENDATION Upon review of the merits of this request and the code criteria for granting approval of a rezone, the staff recommends APPROVAL of the Ladum rezone #RZ-94-2 . KENT PLANNING DEPARTMENT November 8, 1994 c :rz942 .rpt 7 City of Kent - Planning Department VL rjn 0 111121110 �- 0 ---:-- S. 236iN. 31. '.......... ....... I` 0 a� rr ' APPLICATION NAME: Ladum NUMBER: #RZ-94-2 DATE: October 19, 1994 November 16 , 19*4 REQUEST: Rezone N LEGEND Application site Zoning / Topography Zoning boundary Kent City Limits /1�1 Kent City Council Meeting Date May 2 , 1995 Category Other Business 1. SUBJECT: ADULT USE ZONING AMENDMENT ZCA-95-1 2 . SUMMARY STATEMENT: At it's meeting on April 18, 1995, the City Council requested that if the Planning Commission is un- able to come to a conclusion and make a recommendation to the Council on Adult Use zoning, that the matter be brought to the Council for action without a Planning Commission recommenda- tion. 3 . EXHIBITS: Staff memo and attachment 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO__,I- YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember iV moves, Councilmember seconds that the Adult se Zoning Amendment ZCA-d-1 be referred to the Planning Committee for a recommendation and referral back to the City Council. DISCUSSION• ACTION: i ,. Council Agenda Item No. 4B CITY OF Z4\��� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM May 2 , 1995 MEMO TO: JUDY WOODS, CITY COUNCIL CHAIR AND COUNCIL MEMBERS FROM: KENT MORRILL, PLANNING COMMISSION CHAIR SUBJECT: PLANNING COMMISSION ACTION ON ADULT USE ZONING On April 24th the Planning Commission held a continued public hearing to consider Adult Use Zoning. However, after considering four options offered by the Planning Department, the Commission was unable to bring closure to this matter and make a recommendation to the Council . At the request of the City Council I am forwarding the Adult Use Zoning issue to you for your action without a Planning Commission recommendation. Of the four options proposed by the Planning Department, three were voted on by the Commission with option #4 receiving the most votes in favor (3 for, 4 against) . The Planning Commission considered Adult Use Zoning five different times beginning in January, 1995 . The Commission held meetings as follows : HEARINGS February 27 March 27 April 24 WORKSHOPS January 23 April 10 A paper titled Collected Findings in support of Kent' s city attorney' s recommendation: written by Commissioner Janette Nuss is attached to this memo for your information. KM/JPH/mp : a:pc . ad Attachment Ccllected Findings in support of I- sni's " city rneys' recom�ndat�^n: 9y J�nette T 9 cities in �estern Was|/i nit on re1jarding t|ieir zaning codes on Adult Use Fri tertainme"t. The cities were Tukwilla' Sea Tac, Federal Way, Auburn, Lake Forest Park, Renton, Bellevue' Mercer Island , and Everett. In addition I have done three interviews. One with Barbara Ivanhoff from the Chamber of Commerce in Kent. One With a woman w6o has worked in these types �f clubs for approxiemately 8 years, doing everything from dancing, training the dancers, running the tills, and managing clubs. My third interview was with attorney , Larry Warren from the city of Renton, wko, in 1986' won a lawsuit against a buisnessman who wanted to put in an x-rated movie theater . Results from the city contacts: E;ery city I contacted with their zoning in plcace zoned within some form of commercial use only. The only exception, was Everett . Everett decided to zone certain parts of the M1 , M2, and C2, zones with regulaticns. Unfortunately, Everett is also the only city which told me that they are being sued. Results from personal intervieus: I was prompted to call Everett after my interview with ~' the woman who has worked the clubs for so many years. She cautioned against zoning in secluded areas because the Police don' t frequent them as often and it ' s more difficult for police to get there, if needed. By zoning an area where the streets are already busy, police will be around more frequently. In addition, busy areas may discourage patrons due to high visibility. Barbara Ivanhoff from the Chamber Of Commerce was another one of my interviews. She told me to zone in manufacturing areas will depleat the limited number of manufacturing sites available, thus reduce the potential for higher paying manufacturing jobs, since these jobs can' t be zcned in other areas. Faith Lumstead a planner from Bellevue said that they zoned commercial rather than manufacturing in order to be true to the zoning code. Attorney Larry Warren, from Renton, pointed out that the two main factors which helped him win his case, was by having regulations and zoning codes in place prior to any court chalenges. Even though Renton won and had everything in palce it still ended up costing approxiamately 1 million dollars. Mr . Warren emphasized the importance of taking pro- active measures now as apposed to re-active measures later. For these reasons, and the findings presented by staff, I am in strong favor of the zoning recommendation made by our city attorney. ' /111 Kent City Council Meeting Date May 2 , 1995 Category Bids 1. SUBJECT: JAMES STREET/4TH AVENUE NORTH IMPROVEMENTS (KCRJC) 2 . SUMMARY STATEMENT: At the last Council meeting, Shoreline Construction was awarded the contract for this project subject to receipt of King County RJC Traffic Mitigation funds. Due to RJC bid award delays and probable increase costsWs+F4WAV&*%i*/f contraceAeAelayed further, it is the Public Works Director's recommendation that the previous award be revised deleting reference to receipt of RJC funds. 3 . EXHIBITS: Public Works Directo memorandum 4 . RECOMMENDED BY: Public Works irector (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL PERSONNE IMPACT: NO YES 6. EXPENDITURE REQUIRED: $281 . 206.26 SOURCE OF FUNDS: Kin Co ntv RJC Traffic Miti ation Pa ent 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that the James Street/4th Avenue Improvements project be awarded to Shoreline Construction in the amount of $282,206.26, including tax. DISCUSSION• MCI- Council , V "' Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS April 27, 1995 TO: Mayor & City Counci FROM: Don Wickstrom RE: James Street/4th Avenue Improvements (KCRJC) This project was awarded at the last (4/18/95) Council meeting, subject to receipt of King County RJC Traffic Mitigation funds. The attached memo was in your Council packet thereon. As you are aware, King County has awarded the RJC construction contract and authorized the expenditure. Because the payment of their traffic mitigation monies is tied to the receipt of their building permit, it is quite possible receipt thereof will be after the lapse of our bid hold (May 14th) on subject project. As a result, we will be forced to readvertise, thus costing more time and money. In addition, the bids will most likely be higher. The low bid was $45,000 below the second bid, but there was only $5,700 difference between the next 4 bidders, thus indicating that the likely re-bid would be in the higher range. This is particularly so now that we are getting into the construction season where there may be numerous other projects to bid on. Further, and more significant, is the time delay. Presently our James St. Overlay contractor, (contract awarded last year) wants to restart his work in May. As such, to avoid a piece-meal final product and a conflict between contractors, we need to have the RJC street work done now. Since the risk of not getting the RJC Traffic Mitigation fund is extremely remote and further delays just means a more costly product at a reduced quality, the Public Works Director recommends amending the award by deleting the contingency thereto. M686 DEPARTMENT OF PUBLIC WORKS April 13, 1995 TO: Mayor & City Counci FROM: Don Wickstrom RE: James Street/4th Avenue Improvements (KCRJC) Bid opening for this project was held on March 30, 1995 with 7 bids received. The low bid was submitted by Shoreline Construction in the amount of $282,206.26. The Engineer's estimate was $384,810.34. BID SUMMARY Shoreline Construction 282,206.26 West Coast Construction 327,417.58 Westwater Construction 329,069.67 Tydico, Inc. 329,803.04 Robison Construction 333,129.18 Klokstad Construction 363,302.45 Aurora Engineering 387,100.62 Engineer's Estimate 384,810.34 This project is part of the traffic mitigation requirements of the King County RJC project. The County is paying the City to do this work. Monies for same and other traffic mitigation work is to be paid by the County at the time they receive their RJC building permit. Because the City's James Street overlay contractor (project awarded last year) is scheduled to restart the overlay work in May, this project needs to be completed as soon as possible, in order to avoid a piece-meal end product. As such, the Public Works Director recommends that Shoreline Construction be awarded the James Street/4th Avenue Improvements project for the bid amount of $282,206.26 subject to receipt of the associated monies therefore from the County. 4TH CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS PARKS COMMITTEE MINUTES April 4, 1995 Council Present: Christi Houser, Chair; Paul Mann Staff Present: Helen Wickstrom, Tom Brubaker, John Hodgson, Pamela McFall, Jack Ball, Teri Stump Other: Jim Brennan: Lee & Associates Landscape Architects, 100 South King Street, Suite 200, Seattle, WA 98104 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 resignation of the current Director of Golf at Riverbend Golf Complex, Tom Sovay. Formal approval will be requested in May. Britt Wilkerson will be Acting Director of Golf. John Hodgson distributed a copy of the golf card/application to be processed through the Customer Service Department. YANGZHOU PAVILION: Jim Brennan of Lee & associates Landscape Architects reviewed the Master Plan and design of the Pavilion site. The location for the Pavilion is the Burlington Green, located across from Kaibara Park. This area will become the International Park for all sister cities. Installation of the Pavilion is scheduled for May. Mr. Brennan and his staff have developed a garden surrounding the Pavilion in traditional Chinese style. He proceeded to explain what constitutes a Chinese garden,- it must have a spacial quality, a meditative focus with multiple views from the outside and water which will be incorporated by flowing river-type waterway design; symbolic of the Yangtze River in Yangzhou. Chair Houser and Councilmember Mann were very impressed with the design. Discussion following regarding the need for lighting in hopes of deterring vandalism. The Pavilion was shipped on March 24 and takes approximately 30 days to arrive. YOUTHITEEN PROGRAM: John Hodgson asked the Committee if the format of the monthly reports is acceptable. Chair Houser responded that the information is good and appreciated how it is set up. John then brought up the expansion of the program. Kent Junior High is so crowded now that a second night must be added. Chairperson Mann told John to keep up the good work. PROJECTS/PROGRAMS: John shared that Polygon will be providing services on the Soames Home as in lieu of fees. The services include construction of a seven stall parking lot, deeding some land and painting the house. A grant we have applied for will cover other upgrades. Riverbend Golf Complex: Pardon our Progress signs go up soon at the Clubhouse. June 15 is the deadline for golf course projects. John reported that the revenue is down, but not as bad as expected. Christi Houser felt the miniature golf course will draw a lot of people. John showed pictures of the Parks Maintenance greenhouse and stated that the staff is looking for donations for more greenhouses, as one is not enough for"Coloring our Cities" as proposed in our City Target Issues. Kiwanis wants to spend money and time in the renovation of the local Kiwanis Tot Lots. Page 1 ADDED ITEMS: Skateboard Park: John Hodgson showed pictures of the proposed location for the skateboard park; which is the area north of Uplands Playfield, behind Kent Commons. Ken Chatwin gave John a full report from WCIA. They don't support it, but won't stop it. John asked permission to give the Parks Director authority to form a citizen's committee, including youth, to research the location, planning, funding and construction of a skateboard park in Kent. Councilmember Mann made the motion, Chair Houser seconded. The vote was unanimous 2-0. IAC Resolution: Helen Wickstrom asked the Parks Committee for a motion for Mayor White to sign the attached resolution, authorizing the application to the IAC for the acquisition of the Morrill property (East Hill Park Expansion). Paul Mann made the motion. Chair Houser seconded. The vote was unanimous 2-0. Councilmember Mann shared that he had received a letter from a Salt Aire Hills resident who has concerns with three City Departments: Parks, Police and Planning. John Hodgson who will address their issues for the future plans for park development in their area. The meeting adjourned at 5:15 p.m. Page 2