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City Council Meeting - Council - Agenda - 04/18/1995
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Ntlm II Y 1 1 YIY Y,RYblut. n.WYTA ye .Y RI.1M..I .. t n f 1.B +n{4YFI�Yn.r . .� •,.{ppy};e.yyyygypNr 17NR"1+x ..InlnlaVu iNla+1119E1 ,tl!ummVIV s:YMM11A, v59ft SUMMARY AGENDA �ama�u� KENT CITY COUNCIL MEETING April 18, 1995 Totem Junior High - 26630 40th South 7 : 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 D.A.R.E. Day B. Proclamation - National Volunteer Week C. Youth Program Briefing 2 . PUBLIC HEARINGS _ A. Adult Entertainment Licensing Amendments - Ordinance 3 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. Ladum Rezone RZ-94-2 - Set Meeting Date D. Municipal Court Security Upgrades E. Municipal Court Clerk and Security Staffing F. Authorization for Trip to Asia and Appointment of Acting Mayor Pro Tem and Council President - Resolution iW 2 ,:„ G. I.A.C. Matching Fund Grant - Resolution H. Skateboard Park Committee - Formation I. 112th Avenue Water Tank Repaint - Accept as Complete 4 . OTHER BUSINESS A. Kent Comprehensive Plan CPA-94-1 - Ordinance :`';' ' 5. BIDS A. James Street/4th Avenue North Improvements B. 98th Avenue South Water Main Rebuild 6. CONTINUED COMMUNICATIONS 7 . REPORTS 8 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent (206) 854-6587 . PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Proclamation - National D.A.R.E. Day B) Proclamation - National Volunteer Week C) Youth Program Briefing Kent City Council Meeting Date April 18 , 1995 Category Public Hearings 1. SUBJECT: ADULT ENTERTAINMENT LICENSING AMENDMENTS - ORDINANCE 2 . SUMMARY STATEMENT: 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 ordinances. 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. 3 . EXHIBITS: Memo from City Attorney, proposed ordinance 4 . RECOMMENDED BY: Operations Committee (unanimously approved) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordin ce No. j,;�,,- lamending Chapter 5. 10 of the Kent City Code as adopted pursuant to Ordinance No. 3214 relating to licensing regulations for adult entertainment businesses. DISCUSSION. 0-0 ACTION• rnl-- Council Agenda Item No. 2A CITY ATTORNEY' S OFFICE DATE: April 18 , 1995 TO: Mayor Jim White Kent City Council FROM: Roger Lubovich RE: AMENDMENTS TO ADULT ENTERTAINMENT BUSINESS LICENSING ORDINANCE The City Council, on March 7 , adopted Ordinance No . 3214 establishing new business license regulations for various adult entertainment businesses within the City of Kent . Since the adoption of that ordinance, two court cases have made rulings on similar ordinances . On March 24 , the Washington State Supreme Court issued a ruling on a challenge to Seattle ' s adult entertainment business licensing ordinance . The court in that case held that a decision to revoke or suspend an adult entertainment license must be stayed through any judicial appeal process . Seattle ' s ordinance, similar to Kent ' s, provides for a stay of suspension or revocation during the administrative appeal process through the hearing examiner, but did not allow a stay for any judicial appeal . The City of Kent, therefore, should amend its ordinance to comply with the court ' s ruling. On March 29 , a King County Superior Court, on a challenge to the City of Bellevue ' s adult entertainment business licensing ordinance, upheld the City' s four foot distance requirements for table dancing. As you know, the City of Kent goes further requiring all dancing and adult entertainment to be performed on a stage 10 feet from any patron. This is obviously good news for the City of Kent ' s ordinance, however, the court also invalidated a provision, similar to Kent ' s, that prohibits representations of nudity from being visible outside the premises . Accordingly, it is advisable to amend Kent ' s language to follow the ruling to eliminate an item for challenge on the City' s ordinance . As a consequence of the rulings, I have prepared the attached ordinance to amend Ordinance 3214 . The ordinance, besides making the corrections to follow court rulings, also makes certain other amendments to clarify language in the ordinance . The ordinance clarifies that manager' s licenses are only required for those types of adult entertainment businesses that provide on-site entertainment since the purpose of a manager is to regulate conduct of patrons on the facility. This is specifically a problem with those adult entertainment businesses, such as exotic dance studios, providing on-site entertainment as opposed to a business that strictly sells or rents adult books or videos . The ordinance also provides that only one manager' s or entertainer' s license is required,- however, the license must be endorsed for each facility where services are provided. Additionally, the proposed ordinance makes it clear that patrons of adult arcades, adult motion picture theaters, and other adult entertainment businesses providing on-site entertainment must be 18 years of age or older. Other amendments are also made with regard to specifications and conduct of these types of facilities . The ordinance is also amended to make it clear that regulations applicable to adult book stores, novelty stores, and video stores not qualifying as adult entertainment businesses under the ordinance, also apply to those similar businesses which do qualify as adult entertainment businesses . Finally, the ordinance makes various amendments to clarify language and make other minor modifications as noted. The amendments were reviewed in detail at the April 12 Operations Committee meeting, which unanimously approved the proposed ordinance . adlt3.mem 2 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 5.10 of the Kent City Code as adopted pursuant to Ordinance No. 3214, which relates to the regulation of adult entertainment businesses, providing for the licensing of such businesses, further providing standards of conduct and operation, and establishing misdemeanor offenses and penalties for the violation of such regulations. WHEREAS, on March 7, 1995, the City Council adopted Ordinance 3214 establishing new licensing regulations for adult entertainment businesses; and WHEREAS, on March 24, 1995, the Washington State Supreme Court, on a challenge to the City of Seattle's adult entertainment licensing ordinance, ruled that action to suspend or revoke a license must be stayed during a judicial appeal, and since the City of Kent has a similar provision in its ordinance, it is appropriate to amend the language to comply with the court's ruling; and WHEREAS, on March 29, 1995, a King County Superior Court, on a challenge to the City of Bellevue's adult entertainment licensing ordinance, invalidated a provision prohibiting representations of nudity from being visible outside the premises of an adult entertainment business, and since the City of Kent has a similar provision in its ordinance, it is appropriate to amend the language to comply with the court's ruling; and WHEREAS, it is desirable to make certain corrections to the ordinance to clarify for what types of adult entertainment businesses managers licenses are required; and WHEREAS, as a result of additional research and review, it is also desirable to make other amendments to clarify the language of certain provisions in the ordinance;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.10 of the Kent City Code, as adopted pursuant to Ordinance No. 3214, is hereby amended as follows: CHAPTER 5.10. ADULT ENTERTAINMENT Sec. 5.10.010. Findings of fact. Based on public testimony and other evidence and information before it, the city council makes the following findings of fact: 1. The secondary effects of Tthe activities defined and regulated in this chapter are detrimental to the public health, safety and general.welfare of the citizens of the city and, therefore, such activities must be regulated as provided in this chapter. 2. Regulation of the adult entertainment industry is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred. This history of criminal activity in the adult entertainment industry has included prostitution, narcotics and liquor law violations, breaches of the peace and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants. 3. Contact between entertainers and patrons of adult entertainment businesses facilitates prostitution and other related crimes and the concern over unlawful sexual activities and related crimes is a legitimate health concern of the City which demands reasonable regulation of adult entertainment businesses in order to protect the health and well-being of the citizens; and 2 4. Licensing is a legitimate and reasonable means of accountability to ensure that operators of adult entertainment businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation; and 5. In the absence of regulation, the activities described in this section occur regardless of whether the adult entertainment is presented in conjunction with the sale of alcoholic beverages. 6. It is necessary to license entertainers in the adult entertainment industry to prevent the exploitation of minors, to ensure that each such entertainer is an adult, to ensure that such entertainers have not assumed a false name which would make regulation of the entertainer difficult or impossible and to ensure that such entertainers are not involved in criminal activity. 7. It is necessary to have a licensed manager on the premises of establishments offering adult entertainment at such times as such establishments are offering adult entertainment so that there will, at all necessary times, be an individual responsible for the overall operation of the establishment, including the actions of patrons, entertainers and other employees. 8. The license fees required in this chapter are nominal fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the city in regulating the adult entertainment industry. 9. Hidden ownership interests for the purposes of skimming profits and avoiding the payment of taxes have historically occurred in the adult entertainment industry in the absence of regulation. These hidden ownership interests have historically been held by organized and white collar crime elements. In order for the city to effectively protect the public health, safety and general welfare of its citizenry, it is important that the city be fully apprised of the actual ownership of adult entertainment establishments. 10. The City Council desires to prevent these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life, preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight; and 3 11. It is not the intent of this chapter to suppress any speech activities protected by the First Amendment or Article I, Section 5 of the Washington State Constitution, but to enact content neutral regulations which address the secondary effects of adult entertainment businesses, as well as the health problems associated with such businesses. Sec. 5.10.020. Purpose and intent. It is the purpose of this chapter to regulate adult entertainment businesses and related activities to promote health, safety, morals, and general welfare of the citizens of the City of Kent, and to establish reasonable and uniform regulations to prevent the establishment of adult entertainment businesses in locations within the City which would have a harmful effect on the residents of the City. The purpose of this chapter is to alleviate undesirable social problems that accompany adult entertainment businesses, and to enact content neutral regulations which address the secondary effects of adult entertainment businesses as well as health problems associated with such business, not to curtail the First Amendment expression, namely dancing or entertainment. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the State or Federal Constitutions, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimate the distribution of obscene materials. Sec. 5.10.030. Definitions. The following words,terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. ADULT ENTERTAINMENT: "Adult Entertainment" means any dance, amusement, show, display, exhibition, pantomime, modeling or any other like performance of any type for the use or benefit of a member or members of the public or advertised for the use o. 4 benefit of a member of the public where such is characterized by the performer's "nudity", as defined herein, or the exhibition of"specified sexual activities", also defined herein, or which emphasizes and seeks to arouse or excite the patron's sexual desires ro� the eor benefit f membei or members of the pttblie or advertised for the tise or betiefit of a member of the publie. 2. ADULT ENTERTAINMENT BUSINESS: "Adult Entertainment Business" shall mean an Adult Arcade, Adult Bookstore, Adult Novelty Store, Adult Video Store, Adult Motion Picture Theater, and Exotic Dance Studio, more specifically defined as follows: A. Adult Arcade: "Adult Arcade" shall mean an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, computer generated or enhanced pornography, panoram, peep show, or similar machines, or other image producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which provides materials for individual viewing by patrons on the premises of the business which are characterized by the depiction or description of"nudity" or "specified sexual activities". B. Adult Bookstore Adult Novelty Store or Adult Video Store: "Adult Bookstore", "Adult Novelty Store", or "Adult Video Store" shall mean a commercial establishment which has as a significant or substantial portion of its stock-in-trade or revenues, substantial meaning twenty (20) percent or more, for any form of consideration, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other photographic reproductions or visual representations which are characterized by the depiction or description of"nudity" or "specified sexual activities". It shall be a rebuttable presumption that twenty (20) percent of a business' stock-in-trade or revenues is considered substantial. }- An establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting or describing "nudity" or "specified sexual activities", and still be categorized as Adult Bookstore, Adult Novelty Store, or Adult Video Store, Such other business purposes will not serve to exempt such establishments from being categorized as an Adult Bookstore, Adult Novelty Store, or Adult 5 Video Store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "nudity" or "specified sexual activities". 11 eame withirt this definition. it shall ','idea stores titat sell aneblor rent only video es or other Messstoek in trade orl C. Adult Motion Picture Theater: "Adult Motion Picture Theater" shall mean a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of"nudity" or "specified sexual activities" are regularly shown for any form of consideration. D. Exotic Dance Studio: "Exotic Dance Studio", also known as "topless bar" and "adult cabaret", shall mean a nightclub, bar, restaurant, or similar commercial establishment to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment performances to any member of the public. 3. CITY: "City" means the City of Kent, Washington. 4. CLERK: "Clerk" shall mean such city employees or agents as the mayor shall designate to administer this chapter, or any designee thereof. 5. CONVICTION: "Conviction" means an adjudication of conviction of guilt and occurs at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-fact finding motions, and appeals. Conviction also means a bail forfeiture. 6. EMPLOYEE: "Employee" means any and all persons, including managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of any adult entertainment business offering adult entertainment, whether or not such person is paid compensation by the operator of said business. 6 7. ENTERTAINER: "Entertainer" means any person who provides live adult entertainment in an adult entertainment business whether or not an employee of the operator and whether or not a fee is charged or accepted for such entertainment. 8. ESTABLISH: "Establish" shall mean and include any of the following: A. To open or commence any adult entertainment business as a new business; or B. To convert an existing business, whether or not an adult entertainment business, to any adult entertainment businesses defined herein. C. To add any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or D. To relocate any such adult entertainment business. 9. LICENSE: "License" shall mean a license to operate, manage or entertain at any premises that is classified as an adult entertainment business. 10. LICENSED PREMISES: "Licensed Premises" shall mean any premises that requires a license and that is classified as an adult entertainment business. 11. LICENSEE: "Licensee" shall mean a person in whose name a license to operate, manage or entertain at an adult entertainment business has been issued, as well as the individual listed as an applicant on the application for a license. 12. MANAGER: "Manager" means any person appointed by an owner or operator of an adult entertainment business who manages, directs, administers or is in charge of the affairs and/or the conduct or operation of an adult entertainment business and includes assistant managers. t v FALSE nrnn �--�d1-1'�rnar'tr rc��'Av-iTirrvrr—rvia«.• r representation" oral or meanse written, regardless of its 13. 44. NUDE or NUDITY: "Nude" or "nudity" shall mean: A. Less than completely and opaquely covered or in such attire, costume or clothing as to expose to view male genitals, female genitals, pubic region, buttocks, anus, or any portion of the female breast below a point immediately above the top of areolae; or B. Wearing any device or covering exposed to view which simulates the appearance of male genitals, female genitals, pubic region, buttocks, anus, or any portion of the female breast below a point immediately above the top of areolae. 14. 43- OPERATOR: "Operator" shall mean and include the owner, permit holder, custodian, manager, operator, or person in charge of, conducting or maintaining an adult entertainment business. 15. 4-6. PANORAM or PEEP SHOW: "Panoram" or "peep show" means any device which, upon insertion of a coin or by any other means, exhibits or displays a picture or view by film, video, or by any other means. 16. 4-7 PERSON: "Person" shall mean any individual, firm,joint venture, copartnership, association, social club, fraternal organization, corporation, estate, trust, business trust, receive or any other group or combination acting as a unit. 17. 4-8- SPECIFIED SEXUAL ACTIVITIES: "Specified Sexual Activities" shall mean and include any of the following: A. The caressing, touching, fondling or other intentional or erotic touching of male genitals, female genitals, pubic region, buttocks, anus, or female breasts of oneself or of one person by another; or B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts which are prohibited by law; or C. Masturbation, actual or simulated; or D. Human genitals in a state of sexual stimulation, arousal or tumescence or visual state of sexual stimulation, arousal or tumescence, even if completely and opaquely covered; or 8 E. Excretory functions as part of or in connection with any of the activities set forth in subdivisions A through D of this subsection. Sec. 5.10.040. Administration of licensing. The clerk is responsible for granting, denying, revoking, renewing, suspending, and cancelling adult entertainment business managers and entertainers licenses. The Planning Director and the Building Official or their designee are responsible for ascertaining whether a proposed adult entertainment business for which an adult entertainment business license is being applied for complies with all building code and land use requirements enumerated herein and all other applicable building code and zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this chapter. See. 5.10.050. License required; fee. A. Adult entertainment business license required. 1. No person or entity shall use any property or premises for an adult entertainment business within the City of Kent except within those areas authorized for location of said businesses as set forth in Kent City Code 15.08.270, and no adult entertainment business shall be established, operated or maintained in the city unless the owner or operator thereof has obtained an adult entertainment business license from the clerk. It is unlawful for any entertainer, employee or operator to knowingly work in or about or to knowingly perform any service directly related to the operation of an unlicensed public adult entertainment business. Violation/ eo nalty. Any violation of the provisions of this subsection shall constitute a misdemeanor as set forth in this chapter. 2. The annual fee for an exotic dance studio business license shall be five hundred dollars ($500.00). This amount shall be used for the cost of administration of this chapter. 3. The annual license fee for all other adult entertainment businesses subject to this chapter shall be one hundred fifty dollars ($150.00). This amount shall be used for the cost of administration of this ordinance. 9 4. The above-referenced licenses expire annually on December 31 and must be renewed by January 1. 5. The applicant must be 18 years of age or older. B. License for mangers and entertainers required. 1. No person shall work as an mmager, assis manager,--et entertainer at an adult entertainment business without having first obtained a ngangers er an entertainer's license from the clerk. No person shall work as a manager of an exotic dance studio, adult arcade adult motion picture theater or other adult entertainment businesses providing on- site entertainment without having first obtained a manager's license from the clerk, the puroose being to require licensed managers at adult entertainment business establishments to monitor the conduct of12atrons viewing adult entertainment on the premises and ensure compliance with this chapter. On site entertainment includes but is not limited to live entertainment. the viewing of films and videos and other such entertainment on the premises whether or not_for a fee or other consideration as opposed to strictly the sale or rental of adult books magazines, novelties and videos. Violation/penalty. It shall be unlawful and a person commits a misdemeanor as set forti_,, in this chapter if he or she acts or performs as a manager or entertainer in an adult entertainment business without said valid and current license as required in this section. 2. The annual fee for such a license shall be one hundred fifty dollars ($150.00). This amount shall be used for the cost of administration of this ordinance. 3. This license expires annually on December 31 and must be renewed by January 1. 4. The applicant must be 18 years of age or older. Sec. 5.10.060. License applications. A. Adult entertainment business. All applications for an adult entertainment business license for places which offer adult entertainment shall be submitted in the name of the person or entity proposing to conduct such adult entertainment on the business premises. All applications for an adult entertainment business license shall be signed by the applicant and notarized or certified to be true under penalty of perjury. All applications shall be submitted on , 10 form supplied by the city, along with a non-refundable application processing fee of one hundred fifty dollars ($150.00), which shall contain the following information: 1. Names, any aliases or previous names, driver's license number, if any, business, mailing, and residential address, telephone number, and social security numbers r eaeh irtd vidt al, of the applicant and each general partner, corporate officer, director, and ether persons Bolding having a significant interest o responsibility for management of the business, specifying the interest or and management responsibility of each such individual applicant, partner, corporate officer and/or director for eaeh applieant. For purposes of this interest irt the adtilt entertairtment 2. If a partnership, whether general or limited; and if a corporation, date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process. 3. Addresses of the applicant for the five (5) years immediately prior { to the date of application. 4. Any and all criminal misdemeanor or felony convictions or forfeitures, other than parking offenses or minor traffic violations, including dates of conviction, nature of the crime, name and location of court and disposition for each individual, partner, corporate officer and/or director identified in subparagraph 1 above for the ten (10) years immediately preceding the date of application. 5. A description of the business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application. 6. Whether the applicant or any individual, partner, corporate officer, or director identified in subparagraph 1 above has had a previous license under this chapter or other similar ordinances from another city or county denied, suspended, or revoked, including the name and location of the adult entertainment business for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation. 7. Whether the applicant or any individual, partner, corporate officer, or director identified in subparagraph 1 above holds any other licenses under this chapter, or 11 other similar adult entertainment business ordinance from another city or county and, if so, the names and locations of such other permitted businesses. 8. The single classification of license for which the applicant is filing. 9. The name and location of the proposed adult entertainment business, including a legal description of the property, street address, and telephone number(s), if any, together with the name and address of each owner and lessee of the property. 10. Two (2) two-inch by two-inch color photographs of each applicant, taken within six (6) months of the date of the application, showing only the full face of the applicant. The photographs shall be provided at the applicant's expense. Alternatively, the applicant may be required to submit to a photograph taken at the direction of the clerk. II. Complete sets of fingerprints of each individual, partner, corporate officer, and director on forms prescribed by the Chief of Police. 12. In the case of an exotic dance studio, a scale drawing or diagram showing the configuration of the premises for the proposed exotic dance studio, including a statement of the total floor space occupied by the business, and marked dimensions of the interi w of the premises. Performance areas, seating areas, manager's office and stations, restrooms and service areas shall be clearly marked on the drawing. Codes. The applicant shall further demonstrate conformance with Kent City Code 15 08 270 pertaining to the location of adult entertainment businesses and. in the case of exotic dance studios and adult arcades conformance with Sections 5 10.110 and 5.10.130 respectively. 13. Authorization for the city, its agents and employees to investigate and seek information to confirm any statements set forth in the application. 14. S•t}pp}rt 3enjdentification and/or information, as requested by the clerk, supplemental to that required in a complete application when deemed necessary to confirm statements set forth in the application or determine compliance with this chapter. The application will be deemed complete when the applicant submits responses to all inquiries on the application form. 12 15. Subparaeraphs 10 and 11 above shall not be applicable to adult bookstores adult novelty stores or adult video stores provided that such business does not provide on-site entertainment. B. Processine adult entertainment business license applications. 1. Upon receipt of the complete application and fee, the clerk shall provide copies to the police, planning and other applicable departments for their investigation and review to determine compliance of the proposed adult entertainment business with the laws and regulations which each department administers. Each department shall, within thirty (30) days of the date of receipt of such application, report to the clerk whether such application and premises complies with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premises is not vet constructed the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application and in compliance with Sections 5 10 110 and 5 10.130 as applicable. A department shall recommend denial of a license under this subsection if it finds that the proposed adult entertainment business is not in conformance with the requirements of any provision of any applicable statute, code, ordinance, regulation or other law in effect in the city. A recommendation for denial shall be in w7iting and cite the specific reason therefor, including applicable laws. 2. An adult entertainment business license shall be issued by the clerk within thirty (30) days of the date of filing a complete license application and fee, unless the clerk determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection, or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license report or ��Vl ds ."Ptired to be filed with the elerk. in the event the elerk detertnine�-�� 13 reqttired-infarmatia . Upon request of the applicant the clerk shall grant an extension of time, up to but not to exceed twenty 20) additional days in which to provide all information required for license application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.) If the clerk finds that the applicant has failed to meet any of the requirements for issuance of an adult entertainment license, the clerk shall deny the application in writing, and shall cite, in writing, the specific reasons therefor, including applicable laws. If the clerk fails to issue or deny the app4eatien license within thirty (30) days of the date of filing of a complete application and fee, the applicant may shall be permitted, subject to all other applicable laws, operate the business for which the license was sought until notified in writing, by the clerk that the license has been denied. C. Manager or entertainer license. A separate lieense shall be obtained f6r eaelt and every establis�ffnent at whieh the manager applieant will manage or the efttertainer All applications for a manager's or entertainer's license shall be signed by the applicant and notarized or certified to be true under penalty of perjury. All applications shall be submitted on a form supplied by the city, along with a non-refundable application processing fee of one hundred dollars ($100.00), which shall contain the following information: 1. The applicant's name, any aliases or previous names, home address, home telephone number, date and place of birth, driver's license number, if any, social security number and, for entertainers, any stage names or nicknames used in entertaining. 2. The name and address of each business at which the applicant intends to work. 3. Documentation that the applicant has attained the age of eighteen (18) years. Any of the following shall be accepted as documentation of age: a. A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; or b. A state issued identification card bearing the applicant's photograph and date of birth. 14 C. An official passport issued by the United States of America. d. An immigration card issued by the United States of America. e. Any other picture identification that the city determines to be acceptable. 4. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county or state, except parking violations or minor traffic infractions. 5. A description of the applicant's principal activities or service to be rendered. 6. Resident addresses and telephone numbers for the period of three (3)years immediately prior to the date of application specifying the period of residence at each address. 7. The names and addresses of employers or individuals or businesses for whom the applicant was an employee or independent contractor for the three year period of three (3) years immediately prior to the date of application, including the period of employment. 8. Two (2) two-inch by two-inch color photographs of each applicant, taken within six (6) months of the date of the application, showing only the full face of the applicant. The photographs shall be provided at the applicant's expense. Alternatively, the applicant may be required to submit to a photograph taken at the direction of the clerk. 9. Complete sets of fingerprints of each manager and entertainer on forms prescribed by the Chief of Police. 10. Authorization for the city, its agents and employees to investigate and seek information to confirm any statements set forth in the application. 11. Supplemental identification and/or information, as requested by the clerk, deemed necessary to confirm any information set forth in the application or to determine compliance with this chapter. 15 D. Processing managers or entertainers license applications. A copy of the application shall be provided to the police and other applicable departments for its review, investigation and recommendation. An adult entertainment business manager's or an adult entertainer's license shall be issued by the clerk within fourteen (14) days from the date the complete application and fee were received unless the clerk determines that the applicant has failed to provide any information required to be supplied according to this chapter, or that the applicant has made any false, misleading or fraudulent statement of material fact in the T 1 1 1 1 ,] ,__ 1,.am 1 1 application for a license. a"� "•" "" has ir�praperly �tianee of ft managers or , he�she may grant an extension of time in whieh to supply the reqttired infortnat Upon request of the applicant the clerk shall grant an extension of time up to but not to exceed twenty (20) additional days in which to provide all information required for license application. (The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the applicant.) If the clerk determines that the applicant has failed to meet any of the requirements for issuance of a managers or entertainers license,the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws. If a request for extension of time is not made, and the clerk has failed to approve or deny the license within fourteen 04) days of filing of a complete application for an adult entertainment business manager's license the applicant may, subject to all other applicable laws commence work as an adult entertainment business manager in a duly licensed adult entertainment business until notified in writing, by the clerk that the license has been denied. An applicant for an adult entertainment manager's or entertainer's license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license will automatically expire on the fourteenth (14th) day (or on such day established pursuant to any extension granted herein—) following the filing of a complete application and fee, unless the clerk has failed to approve or deny the license application, in which case the temporary license shall be valid until the clerk approves or denies the application, or until the final determination of any appeal from a denial of the application. 16 Sec. 5.10.070. Issuance of licenses. Upon completion of the investigation and review by the departments, a review of the recommendations and verifications, and a determination that all matters contained in the application are true and correct and that this chapter has been complied with, the clerk shall issue such license applied for in accordance with the provisions of this chapter. The applicable license fee, together with any delinquent fees that may then be due shall first be paid to the city. Sec. 5.10.080. Denial of Application for Licenses. The clerk shall deny the application to: a. An applicant who is under eighteen (18) years of age. on his/her payment to the City of b. An applicant who is overdue p y taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to an adult entertainment business. C. An applicant whose place of business is conducted by an agent, unless such agent possesses the same qualifications required of the licensee, or in the case of a manager of an adult entertainment business, the manager has obtained a manager's license. d. A partnership, unless all the members thereof are qualified to obtain a license as provided in this chapter. Such license shall be issued to the er-ar agent of said partnership. e. A corporation, unless all the officers and directors thereof are qualified to obtain a license as provided herein. Such license shall be issued to the agent of said corporation. f. An applicant who has failed to provide information required on a license application for the issuance of the license or has made, with the intent to mislead, a materially false representation in the application for a license under this chapter which the applicant knows to be false. g. The applicant has failed to comply with any provision or requirement of this chapter. h. An applicant having an interest in any license granted under this chapter revoked within six months from the date of application. 17 Sec. 5.10.090. License term - renewals. A. There shall be no prorating of the license fees for licenses required pursuant to this chapter, and all such licenses shall expire on the thirty-first day of December of each year, except that in the event that the original application is made subsequent to June 30, then one-half of the annual fee may be accepted for the remainder of said year. B. Application for renewal of licenses issued hereunder shall be made to the clerk no later than thirty days prior to the expiration of adult entertainment business licenses and managers and entertainers business licenses. The renewal license shall be issued in the same manner and on payment of the same fees as for an original application under his chapter. All applicants for a license renewal shall present their current license for verification of identity, and upon issuance of a renewed license, shall surrender the expiring license to the clerk. There shall be assessed and collected by the clerk, an additional charge of twenty-five percent (25%) of the license fee, on applications not made on or before said date. C. The clerk shall renew a license upon application unless the clerk is aware of facts that would disqualify the applicant from being issued the license for which he or she seeks renewal, and further provided that the application complies with all provisions of this chapter as now enacted or as the same may hereafter be amended. Sec. 5.10.100. Other license requirements. A. DIU to Supplement. 1. Applicants for a license under this chapter shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is stated on the application. If any person or entity acquires, subsequent to the issuance of an adult entertainment business license for places offering adult entertainment, an interest in the licensed premises or the licensed business, immediate notice of such acquisition shall be provided in writing to the clerk. The notice shall include the information required to be provided for the original adult entertainment business. The failure to supplement the application on file with the clerk regarding such change in ownership or interest 18 within thirty (30) days from the date of such change, shall be grounds for suspension or revocation of a license. 2. The applicant must be qualified according to the provisions of this Section and the premises must be inspected and found to be in compliance with health, fire, and building codes of the City. 3. The fact that a person possesses other types of State or City permits and/or licenses does not exempt him/her from the requirement of obtaining an adult entertainment business. B. Manager on Premises. A licensed manager shall be on duty on the premises of an adult business at all times that adult entertainment is being provided. C. License Nontransferable. No license or permit issued pursuant to this chapter shall be assignable or transferable. For purposes of this chapter, "assignable" or "transferable" shall mean and include any of the following: 1. The sale, lease or sublease of the business; or 2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or 3. The establishment of a trust, gift or other similar legal devise which transfers the ownership or control of the business, except for transfer by bequest or other operation of law. D. Name of Business and Place of Business. No person granted a license pursuant to this chapter shall operate the adult entertainment business under a name not specified in the license, nor shall he or she conduct business under any designation or location not specified in the license. E. License - Posting and Display. 1. The adult entertainment business license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, and the address of the licensed adult entertainment business. The license shall be posted in a i 19 conspicuous place at or near the entrance to the licensed premises so that it can be easily read ak any time the business is open. 2. The license of the manager on duty shall be prominently posted during business hours. 3. Entertainer licenses need not be posted, but must be available on the premises when the entertainer is on the premises, for immediate inspection by any city official or law enforcement agency having jurisdiction. Managers' and entertainers' licenses must be endorsed by the clerk for the business premises for which the manager is managing and the entertainer is entertaining. 4. Under no circumstances will photocopies or other forms of reproduction be acceptable as proof of issuance of any license required under this chapter. 4. L. Violation/penalty. Any violation of the provisions of this subsection is a misdemeanor as set forth in this chapter. F. Inspection of licenses. The manager shall, upon request by any law enforcement officer or business license inspector, make available for inspection the entertainer licenses required to be on the premises as described herein. Sec. 5.10.110. Specifications - exotic dance studios. A. Separation of Adult Entertainment Performance Area. The portion of the exotic dance studio premises in which dancing and adult entertainment by an entertainer is performed shall be a stage or platform at least twenty-four (24) inches in elevation above the level of the patron seating areas and shall be situated so that no dances performances, or exhibitions by an entertainer shall occur closer than ten (10) feet to any patron. The stage(s) must be visible from the common areas of the premises and at least one manager's station. B. Li htin . Sufficient lighting shall be provided and equally distributed in and about the parts of the premises which are open to and used by patrons so that all objects are plainly visible at all times, and shall be illuminated so that patrons, on any part of the premises open to the public, shall be able to read a program, menu, or list printed in eight (8) point type. 20 C. Visibilfty Neither No adult entertainment performance nor any- other may be visible outside the premises of the adult entertainment business. D. Submittal of Plans. Building plans showing conformance with the requirements of this Section shall be included with any application for an exotic dance studio business license. E. Signs. Signs of sufficient size to be readable at twenty (20) feet shall be conspicuously displayed in the public area of the establishment stating the following: THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF KENT. ENTERTAINERS ARE: (A) Not permitted to engage in any type of sexual conduct; (B) Not permitted to dance or appear nude, except on stage; (C) Not permitted to solicit or demand or to directly accept, or receive any gratuity or other payment from a patron. Sec. 5.10.120. Standards of conduct and operation applicable to exotic dance studios. A. Standards for Patrons Employees and Entertainers. The following standards of conduct must be adhered to by patrons, entertainers and/or employees of exotic dance studios at all times adult entertainment is performed. 1. Admission to exotic dance studios under this section shall be restricted to persons of the age of eighteen(18) years or more. 2. All dances performances, or exhibitions daneing-and-a4ttlt efttertairhmen by an entertainer shall occur on the entertainment performance areas intended for that purpose described in Section 5.10.110(A). 3. No dances performances, or exhibitions daneingoradtilt entertainment by an entertainer shall occur closer than ten (10) feet to any patron. 21 4. No patron err-e� shall go into or upon the adult entertainme performance area described in Section 5.10.110(A) above while adult entertainment is being performed. 5. No patron, employee or entertainer shall be nude on the12remises and no entertainer or shall entertain while nude except on the entertainment performance area described in subsection 5.10.110(A). 6. No patron, employee or entertainer shall allow, encourage, or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, pubic area, or genitals of any other person. 7. No patron. employee or entertainer shall allow, encourage, or permit physical contact between an employee or entertainer and any member of the public, which contact is intended to arouse or excite sexual desires. 8. No employee or entertainer shall perform acts in a lewd or obscene fashion or perform acts of or acts which simulate: a. Specified sexual activities as defined in this chapter; or b. The touching, caressing or fondling of the breasts, buttocks or genitals. 9. No entertainer employed or otherwise working at an exotic dance studio shall solicit any gratuity or other payment from a patron or customer. 10. No customer or patron of an adult entertainment business shall directly pay or give any gratuity or other payment to any entertainer. 11. It is unlawful for any entertainer, manager, employee, or waitperson to perform more than one such function at an exotic dance studios on the same business day. i� 12. It is unlawful for any entertainer to use any stage name or nickname not listed in the application for entertainers license. i 13. No exotic dance studio licensee shall employ as an entertainer a person under the age of eighteen years or a person not licensed pursuant to this chapter. 22 14. No exotic dance studio licensee shall service, sell, distribute, or suffer the consumption or possession of any intoxicating liquor or controlled substance upon the premises of the licensee. B. The responsibilities of the manager of an exotic dance studio shall include but are not limited to: 1. A licensed manager shall be on duty at an exotic dance studio at all times adult entertainment is being provided or members of the public are present on the premises. The name and license of the manager shall be prominently posted during business hours. Managers shall be required to verify and ensure that entertainers possess a current and valid entertainer license available for immediate inspection on the premises. 2. The licensed manager on duty shall not be an entertainer. 3. The manager licensed under this Chapter shall maintain visual observation of each member of the public at all times any entertainer is present in the public or performance area of the exotic dance studio. Where there is more than one performance area, or the performance area is of such size or configuration that one manager or assistant manager is unable to visually observe, at all times, each adult entertainer, each employee, and each member of the public, a manager or assistant manager licensed under this Chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the exotic dance studio. 4. The manager shall be responsible for and shall assure that the actions of members of the public, the adult entertainers and all other employees shall comply with the dress code and conduct set forth in Section 5.10.120 and all other requirements of this chapter. C. Violation/penalty. Any violation of the provisions of this section by a patron, owner, operator, manager, or any employee is a misdemeanor as set forth in this chapter. 23 Sec. 5.10.130. Regulations applicable to adult arcades, adult motion picture theaters and other adult entertainment businesses providing on site entertainment. A Specifications. premises -viewmb ffraftner tts to insure that ettstorners are ftilly- visible ftam the waist dowm, and all persont 1. The licensee shall not permit any doors to public areas on the premises to be locked during business hours. 2 3 Any room or area on such premises shall be readily accessible at all times for inspection by any law enforcement officer or license inspector. 4 The lieensee shall maintain, u at all times whett the fae is permitted to enter or remain t4terein. B. Additional specifications applicable to adult arcades. 1. The interior of the show premises shall be arranged in such a manner as to insure that patrons are fully visible from the waist down and all persons viewing such panoram pictures shall be visible from the common areas of such premises. 2. No more than one patron at a time shall be present in a booth. cubicle room or stall wherein adult entertainment is provided. 3. The licensee shall maintain. at a minimum illumination as required in this chapter for exotic dance studios generally distributed in all parts of the premises at all times when the facility is open or when the public is permitted to enter or remain therein. C. $: Standards of Conduct. 1. Admission shall be restricted to persons of the age of eighteen 0 8) years or more and it shall be unlawful for any owner operator manager or employee of an adult arcade to knowingly permit or allow any erson under the age of eighteen 0 8) years to be in or upon such premises. 24 4-. 2. No patron shall be unclothed or in such attire, costume or clothing so as to be in a state of nudity or engage in any specified sexual activity and no owner .operator. or manager or employee shall knowingly allow such conduct in or upon the premises. -2-.— �4o more than orte patreft at a time shall be present in a b ettbiele, ream, or stall whereilt adt4t entertairtment is provided is visible. 3. Violation/penalty. Any violation of the provisions of this subsection by a patron, owner, operator, manager, or any employee is a misdemeanor as set forth in this chapter. Sec. 5.10.140. Regulations applicable to book stores, novelty stores,video stores and other businesses whether or not qualifying as adult entertainment businesses. A. Book stores, novelty stores, video stores, and other businesses that sell or otherwise distribute books, magazines, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of nudity or specified sexual activities, and whether or not such businesses qualify as an adult entertainment business under this chapter and whether or not less than 20% of their stock-in-trade or revenues comes from the rental or sale of such items, shall be subject to the following regulations: 1. All such items as are described above shall be physically segregated and closed off from other portions of the store suel3 so that these items are not visible and/or accessible from other portions of the store where non-adult entertainment material, if any is displayed. sold or rented. 2. No advertising for such items shall be posted or otherwise visible, except where such items are authorized for display. 3. Signs readable at a distance of 20 feet shall be posted at the entrance to the business or the area where such items are displayed stating that persons under the age of eighteen(18) are not allowed access to the area where such items are displayed. 4. The manager or attendant shall take responsible steps to monitor the area where such items are displayed to insure that persons under eighteen (18) years of age do not access the age-restricted area. 25 5. Employees of such businesses shall check identification of persoi appearing to be eighteen (18) or under to insure that such items are not rented or sold to persons under the age of eighteen(18). B. Rental or sale of obscene material (as defined by state law) or material harmful to minors (as defined by state law) to persons under eighteen(18) years of age is prohibited. Violation/penalty. Any violation of the provisions of this subsection by an owner, operator,et manager.or employee of an adult entertainment business is a misdemeanor as set forth in this chapter. See. 5.10.150. Exemptions. A. This chapter shall not be construed to prohibit: 1. Plays, operas, musicals, or other dramatic works which are not obscene; 2. Classes, seminars and lectures held for serious scientific or educational purposes; or 3. Exhibitions or dances which are not obscene. B. For purposes of this chapter, an activity is obscene if: 1. Taken as a whole by an average person applying contemporary community standards the dominant theme of the activity appeals to a prurient interest in sex; 2. The activity portrays or depicts in a patently offensive way. as measured against community standards representations of: a. Ultimate sexual acts, normal or perverted, actual or simulated; or b. Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture; and 3. The activity taken as a whole lacks serious literary, artistic, political, or scientific value. _. 26 G. For pttrpases of this ehapter, an aetivity is dramatie if the ftetivity is , related to, devoted to, or eaneemed speeifieally, or professionally with ettrreHt drama or t eentemparary theater. Sec. 5.10.160. Record keeping requirements. A. All licenses, papers, records, and things required to be kept pursuant to this chapter shall be open to inspection by the clerk during the hours when the licensed premises are open for business, upon two days' written notice. The purpose of such inspections shall be to determine whether the licenses, papers, records, and things meet the requirements of this chapter. B. Each adult entertainment business shall maintain and retain for a period of two years the name, address, and age of each person employed or otherwise retained or allowed to perform on the premises as an adult entertainer, including independent contractors and employees. This information shall be open to inspection by the clerk during hours of operation of the business upon twenty-four hours notice to the licensee. C. No later than March 1 of each year an eretie exotic dance studio licensee shall file a verified report with the clerk showing the licensee's gross receipts and amounts paid to entertainers for the preceding calendar year. Amounts paid to entertainers include, but are not limited to, tips patrons pay indirectly to entertainers through the adult entertainment business Sec. 5.10.170. Inspections. In order to insure compliance with this chapter, all areas of licensed adult entertainment businesses which are open to members of the public shall be open to inspection by city agents and employees during the hours when the premises are open for business. The purpose of such inspections shall be to determine if the licensed premises are operated in accordance with the requirements of this ordinance. It is hereby expressly declared that unannounced inspections are necessary to insure compliance with this ordinance. 27 Sec. 5.10.180. Hours of operation. It is unlawful for any adult entertainment business premises, to be conducted, operated, or otherwise open to the public between the hours of two a.m. (2:00 a.m.) and ten a.m. (10:00 a.m.). Violation/penalty. Any violation of the provisions of this section by the owner, operator or manager of an adult entertainment business is a misdemeanor as set forth in this chapter. Sec. 5.10.190. Appeal of license denial - hearing. A. Notice. Any person aggrieved by the action of the clerk in refusing to issue or renew any license issued under this chapter shall have the right to appeal such action to the hearing examiner by filing a notice of appeal with the clerk within ten (10) days of notice of the refusal to issue or renew. Such appeal shall be processed pursuant to the hearing procedures set forth in Chapter 2.32 of the Kent City Code. The hearing examiner shall set a date for hearing such appeal, to take place within forty-five (45) days of the date of receipt of the notice of appeal unless such time is extended by mutual consent. At such hearing the appellant and other interested persons may appear and be heard, subject to rules and regulations of the hearing examiner. The decision of the clerk not to renew a license shall be staved during the pendencv of any appeal to the hearing examiner and during=judicial anneal. B. Final Administrative Review. Appeal to the hearing examiner shall constitute final administrative review. C. Appeal to SqVerior Court. An appeal of the decision of the hearing examiner must be filed with Superior court within thirty (30) calendar days from the date the hearing examiner's decision was personally served upon or was mailed to the person to whom the notice of civil violation was directed, or is thereafter barred. Sec. 5.10.200. License suspension and revocation - hearing. A. Grounds. The clerk, upon the recommendation of the chief of police or other city official responsible for administering laws and regulations pertaining to any license issue under this chapter, or his/her designee, may suspend or revoke any license issued under th 28 provisions of this chapter at any time where the same was procured by fraud or through a materially false representation of fact; or for the violation of, or failure to comply with, the provisions of this chapter or any other similar local or state law by the licensee or any of his/her servants, agents or employees when the licensee knew or should have known of such acts or violations committed by its servants, agents or employees; or the conviction of the licensee, or any of his or her servants, agents, or employees, of any crime or offense involving prostitution, promoting prostitution, sexual crimes against children, sexual abuse, rape, distribution of obscenity or material harmful to minors, or transactions involving controlled substances (as that term is defined in RCW Chapter 69.50) committed on the premises of the adult entertainment business. B. Suspension and Revocation. A license procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter or other applicable ordinances, statutes or regulations are found, the license shall be suspended for a period of thirty (30) days upon the first such violation, ninety (90) days upon the second violation within a 24 month period, and revoked for third and subsequent violations within a 24 month period, not including periods of suspension; EXCEPT that where the city building official or fire marshall or their designees or the King County Health Department find that any condition exists upon the premises of an adult entertainment business which constitutes a threat of immediate serious injury or damage to persons or property, said official may immediately suspend any license issued under this chapter pending a hearing in accordance with Section 5.10.190 above. The official shall issue notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property. C. Notice. The clerk shall provide at least ten (10) days prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the hearing examiner and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension. Such appeal shall be processed pursuant to the hearing procedures set forth in Chapter 2.32 of the Kent City Code. The hearing examiner shall set a date for hearing such appeal, to take place within forty- five (45) days of the date of receipt of the notice of appeal unless such time is extended by 29 mutual consent. At such hearing the appellant and other interested persons may appear and be heard, subject to rules and regulations of the hearing examiner. The decision of the clerk shall be stayed during the pendency of any appeal to the hearing examiner and during any judicial appeal D. Final Administrative Review. Appeal to the hearing examiner shall constitute final administrative review. E. AppeaT 1 to Superior Court. An appeal of the decision of the hearing examiner must be filed with the Superior Court within thirty (30) calendar days from the date the hearing examiner's decision was personally served upon or was mailed to the person to whom the notice of suspension or revocation was directed, or is thereafter barred. Sec. 5.10.210. Nuisance declared. A. Public nuisance. Any adult entertainment business operated, conducted, or maintained in violation of this chapter or any law of the City of Kent or the State of Washington shall be, and the same is, declared to be unlawful and a public nuisance. The City Attorney may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting or maintaining an adult entertainment business contrary to the provisions of this chapter. B. Moral nuisance. Any adult entertainment business operated, conducted or maintained contrary to the provisions of RCW Chapter 7.48A, Moral Nuisance, shall be, and the same is declared to be, unlawful and a public and moral nuisance and the City Attorney may, in addition to or in lieu of any other remedies set forth herein, commence an action or actions, to abate, remove and enjoin such public and moral nuisance, or impose a civil penalty, in the manner provided by RCW Chapter 7.48A. 30 Sec. 5.10.220. Limitation of liability. None of the provisions of this ordinance are intended to create a cause of action or provide the basis for a claim against the City, its officials, or employees for the performance or the failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. Sec. 5.10.230. Violation; penalty - misdemeanor. In addition to other remedies provided for in this chapter, any person violating any of the provisions of this chapter constituting a misdemeanor shall, upon conviction, be punished by a fine of not more than one thousand dollars (S 1,000.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment, and each and every day during which any violation is committed, continued or permitted shall be deemed a separate offense; provided, no person shall be deemed guilty of any violation of this ordinance if acting in an investigative capacity pursuant to the request or order of the police chief or prosecuting attorney or duly-appointed agent thereof. Sec. 5.10.240. Additional enforcement. The remedies found in this chapter are not exclusive, and, the City may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted. See. 5.10.250. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Any ordinance or regulation in conflict with this ordinance is hereby repealed. 31 SECTION 2. SEVERABILITY. If any section, sentence, clause or phrase of th.' ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other i' section, sentence, clause or phrase of this ordinance. SECTION 3. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 11995. APPROVED day of , 1995. PUBLISHED day of 1995. 32 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 adltlord 33 CONSENT CALENDAR 3 . City Council Action: Councilmember_ L moves, Councilmember seconds that Consent Calendar Items A through Y be roved. Discussion �J Vv�� Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of April 4, 1995 . 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 Council Agenda Item No. 3 A-B Kent, Washington April 4 , 1995 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Johnson, Mann, Orr and Woods, Operations Director/ Chief of Staff McFall, Assistant City Attorney Brubaker, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Parks Director Hodgson. Approximately 50 people were at the meeting PUBLIC Introduction of Mayor's Appointees. Mayor White COMMUNICATIONS introduced Carlita Dreblow and Ellen Gimenez , his reappointments to the Library Board. Kentridge Boys Swimming and Diving Team i995 AAA State Champions Day. Mayor White read a proclamation declaring April 7, 1995, as Kentridge Boys Swimming and Diving Team AAA State Champions Day in the City of Kent, and encouraging all citizens to join him in recognizing Coach Dave Wright and the Kentridge Boys Swimming and Diving Team for their out- standing accomplishments. He noted that the Kentridge boys won the sixth annual Kent All- City Championships for the sixth year in succession and this year won every event. Coach Wright thanked the Mayor for this recognition and introduced the team members, who each received a proclamation. Kentview Christian Senior High Girls Varsity Basketball Team DaV. The Mayor noted that the Washington Interscholastic Athletic Association recently named Kentview Christian Senior High School Girls Varsity Basketball Team as the 1994-95 Academic State Champions in Girls Varsity Basketball, and read a proclamation declaring April 5 , 1995 as Kentview Christian Senior High Girls Varsity Basketball Team Day in the City of Kent. He encouraged all citizens to join him in recognizing Coach Jolee Fairfield and the team for their outstanding academic achievement. Coach Fairfield introduced the team members and the Mayor presented each with a proclamation. We Value Youth Month. Mayor White noted that youth make a positive contribution to this community when given constructive opportunities to excel and learn, and that funds raised from the recent increase in Kent's utility tax will be used to promote new and proactive activities for youth and their families throughout the area. 1 April 4 , 1995 PUBLIC He proclaimed April 1995 as We Value Youth Month COMMUNICATIONS in the City of Kent and encouraged all citizens to support our youth and youth programs. The proclamation was presented to Parks Director Hodgson. Earthquake Preparedness Month. April 1995 was declared Earthquake Preparedness Month in the City of Kent by Mayor White. He noted that the State of Washington experiences significant seismic activity, and that the loss of life and property can be greatly reduced if appropriate earthquake preparedness measures are taken before, during and after a damaging earthquake. He encouraged all citizens to enhance their knowledge of proper safety measures to follow in the event of an earthquake. Fire Chief Angelo noted that a video prepared by the Fire Prevention Bureau will be shown on cable tv in April. Employee of the Month. The Mayor announced that an entire committee has been selected as the April 1995 "Committee of the Month". He noted that the City-Wide Youth Committee consists of representatives from various departments in the City who worked together to develop a- coopera- tive City youth program. The committee members were introduced, congratulated and presented with certificates of appreciation. Parks Director Hodgson was given a plaque. He said he is proud of the direction youth is going, that some need the support of the entire community, and that this committee is here to help. Regional Justice Center Update. Wendy Keller noted that the third phase of preload is complete, and is six weeks ahead of schedule. She said that bids have been opened and that they came in over the construction estimate. She distributed a list showing who the bidders were and the base bids, and explained the difference in the bids from the estimate. Upon Woods' question, Keller explained that a great deal of attention was paid to earthquake pre- paration and outlined what steps were taken. She also clarified that there will be an office right off the rotunda where marriage licenses, animal licenses and so forth can be obtained. 2 April 4, 1995 CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through Q be approved, with the exception of Item 3C, which was removed by Councilmember Bennett. Mann seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of March 21, 1995, and correction of Item 3B in the March 7 , 1995, minutes as follows: after auditing by the Operations Committee on February 22 , 1995 , and March 8 , 1995." March 7 , 1995, was incorrectly submitted as the date. PUBLIC WORKS (BIDS - ITEM 5B) Third Avenue Bridge Water Main Replacement. Bid opening for this project was held on March 30th with six bids received. The low bid was sub- mitted by Gary Harper Construction in the amount of $18 , 174 . 35 including tax. The engineer's estimate was $24 ,886 . 00 including tax. The project consists of installing an 81, water main along the south approach ramp of the Third Avenue Bridge. MANN MOVED that a contract be awarded to Gary Harper Construction, in the amount of $18, 174 . 35 including tax for the Third Avenue Bridge Water Main Replacement project. Houser seconded and the motion carried. STREETS (CONSENT CALENDAR - ITEM 3E) LID 346 - Final Assessment Roll - Ordinance. ADOPTION of Ordinance No. 3217 confirming the Final Assessment Roll for LID #346, S. 212th Street Improvements. (CONSENT CALENDAR - ITEM 3H) Lid 346 - S. 212th Street Charge in Lieu of Assessment. AUTHORIZATION for staff to establish a Charge in Lieu of Assessment fee for Parcels 34 , 35 and 36 in LID 346 S. 212th Street Improvements for a total amount of $50, 000. A sanitary sewer extension was included to two parcels west of 76th Ave. South. To complete the installation of this sewer system prior to the S. 212th St. H.O.V. lane widening, it was necessary to extend the sewer to three parcels east of 76th Ave. South. These parcels are not part of LID 346 and therefore a connection charge in lieu of assessment needs to be allocated. 3 April 4 , 1995 STREET (CONSENT CALENDAR - ITEM 3D) VACATIONS 26th Place South Street Vacation (STV-95-3) . ADOPTION of Resolution No. 1425 setting May 2nd as the public hearing date for the 26th Place South Street Vacation, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3I) West Titus Street Vacation (STV-95-2) . AUTHORIZATION for staff to receipt funds from the West Titus Street Vacation into the Sidewalk Construction Fund and establish an additional budget for same, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3Q) West Titus Street Vacation (STV-95-2) . ADOPTION of Ordinance No. 3219 vacating a portion of West Titus Street. Council recently approved this street vacation subject to certain conditions, which the applicant has now fulfilled. (OTHER BUSINESS - ITEM 4B) Russell Road Street Vacation STV-95-1. The conditions associated with finalizing the Russell Road Street Vacation have been met subject to the amended compensation received. Public Works Director Wickstrom explained that normally compensation in the amount of approxi- mately $9, 000 would be received, but that Polygon Northwest has offered to deed a tract of land which is equal in size to the one vacated and which runs along the Green River Trail near the Neely homesite, to construct a seven stall parking lot, and to install a decorative fence and landscape buffer. Wickstrom recommended acceptance of Polygon's offer. Upon Orr's question, Wickstrom said the City can provide signage to the Neely site. Eric Wells of Polygon displayed a color drawing of how the site will look after the improvements have been made. MANN MOVED to adopt Ordinance No. 3220 finalizing the Russell Road Street Vacation and amending the compensation received therefor. Bennett seconded and the motion carried. 4 April 4 , 1995 RECYCLING (CONSENT CALENDAR - ITEM 3G) Interlocal Agreement for Recycling Program. AUTHORIZATION for the Mayor to sign the Interlocal Agreement and to direct staff to establish the budget for acceptance of grant funds in the amount of $116, 207 for the Waste Reduction/Recycling Grant Program, as recom- mended by the Public Works Committee. In order to help meet King County's goal of 65% percent waste stream reduction, the County's solid Waste Division has established the Waste Reduction/Recycling Grant Program which funds projects to reduce and recycle the waste generated by commercial properties and multi- family residential units in King County's suburban cities. HOUSING (CONSENT CALENDAR - ITEM 3M) Regional Mechanism for Addressing South King County Housing Issues. AUTHORIZATION for the City of Kent to participate with other South King County cities in exploring a regional mechanism to address South County Housing needs and issues, as recommended by the Planning Committee. ADULT . (PUBLIC HEARINGS - ITEM 2A) ENTERTAINMENT Adult Entertainment Land Use Moratorium Extension. During 1994, the City of Kent was involved in litigation regarding adult use entertainment. As a result of the order of the U. S. District Court, the City is required to amend its Zoning Code to provide reasonable alternative sites for adult entertainment businesses. Pending a review of the necessary zoning change, the City adopted Ordinance No. 3185 which instituted a six-month moratorium on the acceptance of permit applications and the issuance of permits for adult use businesses. The City is currently in the public hearing process on the matter, however the six-month moratorium expired by its own limitation before the Zoning Code amendment process could be completed. Therefore, staff recommends that the moratorium set forth in Ordinance No. 3185 be extended for one additional six-month term or until the effective date of any ordinance 5 April 4 , 1995 ADULT establishing new land use regulations governing ENTERTAINMENT the location of adult entertainment businesses, whichever is sooner. Mayor White opened the public hearing. There were no comments from the audience and WOODS MOVED that the hearing be closed. Orr seconded and the motion carried. ORR MOVED to adopt Ordinance No. 3216 which specifically makes certain findings regarding adult entertainment in the City of Kent and establishes. an extension of a land use moratorium on the issuance of permits and the acceptance of applications for permits for adult use facilities. Woods seconded and the motion carried. COMMUNITY (PUBLIC HEARINGS - ITEM 2B) DEVELOPMENT 1996 Housing and Local Community Development BLOCK GRANT Block Grant (CDBG) Strategies and Funding Levels. This date has been set to consider the adoption of four action items for the 1996 Local CDBG Strategies and Funding Levels, as recommended by the Planning Committee on March 21, 1995. The four items are: (1) approval to accept 1996 Pass-Through funds; (2) approval to allocate the maximum available to the City of Kent for Public (Human) Services ($56, 884) ; (3) approval to allocate the City's fair share maximum of 1996 Pass-Through funds to Planning and Administration ($52 , 313) ; and (4) approval of the proposed 1996-1999 Local CDBG Strategies. Mayor White opened the public hearing. There were no comments from the audience. WOODS MOVED to close the public hearing. Johnson seconded and the motion carried. ORR MOVED for approval of the four action items for the 1996 Local CDBG Strategies and funding levels, as recommended by the Planning Committee, as follows: (1) accept 1996 Pass- Through funds; (2) allocate the maximum available to the City of Kent for Public (Human) Services ($56, 884) ; (3) allocate the City's fair share maximum of 1996 Pass-Through funds to Planning and Administration ($52 , 313) ; and (4) approve the proposed 1996-1999 Local CDBG Strategies. Houser seconded and the motion carried. 6 April 4, 1995 ANNEXATION (OTHER BUSINESS - ITEM 4A) BOUNDARIES Kent-Tukwila and Rent-Auburn Potential Annexation Boundaries. The Planning Committee has recommended moving Kent's potential annexa- tion boundaries in two areas of the City. Planning Director Harris pointed out the areas recommended for deletion. Harris noted that one recommendation is to move the boundary southerly to S. 204th in a line extending westerly from the Green River to Orillia Road. He noted that the Kent-Tukwila boundary is S. 190th extended westerly across the Green River. He explained that the City of Tukwila would more likely be involved in land use issues in this area. Harris noted that the other recommendation involves the Kent-Auburn boundary. Orr stated that the Planning Committee discussed the Kent- Auburn boundary at it's meeting today and unani- mously recommended adoption. Harris noted that the boundary for the Meridian Annexation extends easterly to 132th SE. He displayed a map showing that the area to be deleted from the potential annexation area is generally bordered by SE 282nd on the north, the Green River on the west, SE 286th on the south, and SE 132nd on the east. He explained that the Meridian Annexation boundary and the potential annexation area would then be co-terminus. He noted that the area is in Auburn's potential annexation area, and clari- fied that the Council has previously agreed to de-annex the area. Harris noted that King County has informed him that there is a small rural area southeast of Highway 18 which cannot be part of the Meridian Annexation or the potential annexation area, and that this area must therefore be deleted. The area is generally south of Highway 18 from 152nd SE on the east, southerly to SE 288th, westerly to 148th SE extended, and back to Highway 18 . ORR MOVED to adopt the City's potential annexa- tion area southerly to South 204th Street in a line extending westerly from the Green River to Orillia Road, to adopt a boundary between Kent 7 April 4 , 1995 ANNEXATION and Auburn that matches the current annexation BOUNDARIES proposal as described and shown on the map by Planning Director Harris, and to delete the small rural area in King County. Houser seconded and the motion carried. Bill Arthur, representing Mario Segale who is the majority property owner in the area north of 204th, expressed appreciation for the actions of the Planning Committee and the City Council. IMPACT FEES (CONSENT CALENDAR - ITEM 3C) (REMOVED BY COUNCILMEMBER BENNETT) school Impact Fees. The proposed resolution requests that Administration prepare and present to the Council a school impact fee ordinance proposal for consideration. Bennett voiced concern about affordable housing and pointed out that the City Attorney has said the process of preparing an ordinance would be complicated and would require a great deal of time. Clark noted that this issue has been discussed by the Planning Committee, and MOVED to adopt Resolution No. 1424 . Orr seconded. She clarified that this resolution does not adopt impact fees, that it simply directs Administration to prepare and present an ordinance to the Council to consider. Bennett requested that a workshop be held when the ordinance has been prepared. Council agreed. The motion then carried, with Bennett opposed. ANIMAL CONTROL (CONSENT CALENDAR - ITEM 3J) Animal Control Code Amendment. ADOPTION of Ordinance No. 3218 prohibiting the private ownership of exotic animals after the effective date of this ordinance, providing a definition of exotic animals and amending the definition of the King County animal control authority, as recommended by the Operations Committee. COUNCIL (CONSENT CALENDAR - ITEM 3F) Change of Location for City Council Meeting. AUTHORIZATION to hold the Kent City Council meeting of April 18 , 1995, at Totem Junior High School, 26630 40th Avenue South, Kent. 8 April 4, 1995 POLICE (CONSENT CALENDAR - ITEM 3P) Department of Justice Cops Fast Grant Application. AUTHORIZATION for the Mayor to sign the application for a Federal grant, as recommended by the Operations Committee on March 22 , 1995. Application would require a commitment on the part of the City to share " costs. The total grant amount is $150, 000 with a $264, 820 City share to hire two bicycle patrol officers over a three-year period. The City share for the first year would be $18, 354 , the second $100, 514, and the third $145, 952 . PARKS & (CONSENT CALENDAR - ITEM 30) RECREATION Kent Memorial Park Relighting Project. ACCEPTANCE of the Relighting Project at Kent Memorial Park, Field #1 as complete and release of retainage to JD-21 Engineers, upon receipt of State releases. (BIDS - ITEM 5A) Lake Fenwick Trail. Eight bids were received on March 28 , for the Lake Fenwick Trail Project. VTS Inc. from Tukwila was the low bidder at $156, 381, not including Washington State Sales Tax. The bid came in below the Architect's estimate for the project which was $160, 000 - $170, 000. HOUSER MOVED that a contract be awarded to VTS Inc. , in the amount of $156, 381 plus State sales tax for the Lake Fenwick Trail Project. Bennett seconded and the motion carried. APPOINTMENTS (CONSENT CALENDAR - ITEM 3N) Library Board Reappointments. CONFIRMATION of the Mayor's reappointments of Carlita Dreblow and Ellen Gimenez to continue serving as members of the Kent Library Board of Trustees. Their new appointments will continue to 1/1/2000. Discussions have been held with Library Board members and with the City Attorney's Office, who agreed to standardize the month and day of appointment expiration. Since appointments are for 5-year terms, the years will change but new appointments and reappointments will be adjusted so they are effective on January 1 of the term . year. 9 April 4, 1995 FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through March 15, 1995 and paid through March 15, 1995 after auditing by the Operations Committee on March 22, 1995. Approval of checks issued for vouchers: Date Check Amount 3/1/95-3/14/95 152853-152917 $ 650, 849. 18 3/15/95 152918-153374 726 , 821.96 $1, 3771671. 14 Approval of checks issued for payroll for March 1 through March 15, 1995 and paid on March 20, 1995 : Date Check Numbers Amount 3/20/95 Checks 201833-202172 $ 282 , 199 . 32 Advices 22802-23183 484 ,996. 32 $ 767, 195. 64 (CONSENT CALENDAR - ITEM 3K) International Park - Yangzhou Pavilion. AUTHORIZATION to establish a budget of $50, 000 to transport the Yangzhou Pavilion from the Port to Kent, to house the technicians while under construction, and for site preparation and con- struction, as recommended by the Operations Committee on March 22 , 1995. (CONSENT CALENDAR - ITEM 3L) Kent Commons Water Heater Replacement. AUTHORIZATION to establish a budget of $25, 000 to remove the existing electric hot water tank at Kent Commons and install a 500 gallon storage tank with two leased gas fired boilers, as recommended by the Operations Committee on March 22, 1995 . The lease amounts to $41. 87 per boiler per month or approximately $1, 000 per year which includes maintenance. The cost of the boilers would be an additional $15, 000; thus, it is more cost effective to lease. This will save the City approximately $14,500 annually in operating costs. REPORTS Council President. Woods announced that Suburban Cities will meet at H. D. Hotspurs on April 12th, .and will be hosted by the City of Algona. 10 April 4 , 1995 REPORTS Operations Committee. Johnson noted that the Committee will meet at 9: 30 a.m. on April 12th. Planning Committee. Orr announced that the Planning Committee has developed their recom- mendations on the Comprehensive Plan with one minor exception which will come before the Committee on April 18th. She said they anti- cipate presenting their recommendations to the council that evening, since they except to reach a decision on a non-motorized transportation issue at the committee meeting that day. Administrative Reports. McFall pointed out that, as part of it's outreach program, the Council has established that the meeting of April 18th will be held at Totem Junior High School at 7 : 00 p.m. Clark pointed out that this is We Value Youth Month and that two proclamations were read at tonight's meeting regarding youth, and reminded the audience that a teen curfew will be voted on this month. He stressed involving youth in positive activities rather than shooing them off the streets. EXECUTIVE At 8 : 00 p.m. , the meeting recessed to an execu- SESSION tive session to discuss property acquisition and pending litigation. ADJOURNMENT The meeting reconvened and adjourned at 8 : 35 p.m. Brenda Ja e , CMC City Cier 11 Kent City Council Meeting Date April 18 , 1995 Category Consent Calendar 1. SUBJECT: LADUM REZONE RZ-94-2 � TuTLTTLi � 2 . SUMMARY STATEMENT: 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 application (RZ-94-2) by Larry and Jacqueline Ladum. The property is located at approximately 6300 S. 236th Street. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCALIPERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C Kent City Council Meeting Date April 18 , 1995 Category Consent Calendar 1. SUBJECT: MUNICIPAL COURT SECURITY UPGRADES 2 . SUMMARY STATEMEN As recommended by the Operations Committee o pril 12, 1995, ,4uthorization to establish a budget�T�hils! includes , 400 to do security upgr des to the Municipal Court. remodeling the udges office in-o�=- s- that he can directly access the bench, and adding security glass to the cash receipting window. 3 . EXHIBITS: memorandum to the City Council Operations Committee 4 . RECOMMENDED BY: Operations Committee (3-0) 4/12/95 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $15 ,400 SOURCE OF FUNDS: Capital Improvement Fund - Fund Balance $12 000 • Municipal Court Project Budget Carryover $3 400 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3D CITY OF KENT MEMO: TO : MAYOR AND COUNCILMEMBERS FROM: JOHN HILLMAN, ACTING FINANCE DIVISION DIRECTOR SUBJECT: MUNICIPAL COURT SECURITY UPGRADES DATE: MARCH 31, 1995 Authorization is requested to do security upgrades to the Municipal Court . This includes remodeling the judges office in order that he can directly enter it from the bench, and adding security glass to the cash receipting window. Due to recent events and the potential of security disruptions at the Court we are recommending that $12 , 000 be transferred from CIP Fund to the Municipal Court Remodel Project budget which has $3 , 400 carried over from 1994 to complete the security upgrades . Project Costs : Judges office remodel : $10 , 000 Security Glass : 5 , 400 Total $15 , 400 Source of Funds : CIP $12 , 000 Court Remodel Budget 3 , 400 Total $15 , 400 COUNCIL ACTION: Authorization for budget of $12 , 000 from 1995 CIP beginning fund balance, and $3 , 400 from Municipal Court Remodel project carryover to complete security modifications . MEMO DATE: March 31, 1995 TO: John Hillman, Acting Finance Di isio it ctor FROM: Charlie Lindsey, Facilities Ma ge SUBJECT: Municipal Court Security Upgrades As we discussed it is going to take approximately $15,400 to do the security upgrades in the Municipal Court. We have about $3400 left from the original Court remodel project and I am proposing that we request authorization from the City Council to acquire the remaining $12,000 from the unexpended CIP balance. The money will be spent approximately as follows. Judge's office so that he can directly exit into it from the bench $1.0,000. Add security glass to the cash receipting window. $5,400. Kent City Council Meeting Date Agril 18 1995 Category Consent Calendar 1. SUBJECT: MUNICIPAL COURT CLERK AND SECURITY STAFFING 2 . SUMMARY STATEMENT: ue to increasing activity levels at Kent Municipal Cou �4 and the n ed to conduct follow-up _ tracking of im os d sentences ^ a o ad 2 .5 FTE temporar cler ositions urt for the balance of 1995 the addition o a temporary, part time "limited commission security officer for the court to work up to 20 hours per week. 3 . EXHIBITS: Memorandum from Brent McFall, Beth Hislop and Kelly Brown 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $69 ,500 SOURCE OF FUNDS: General Fund 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3E MEMORANDUM TO: Council Operations Committee FROM: Brent McFall, Director of Operations SUBJECT: Municipal Court Staffing and Security DATE: April 5, 1995 For some time now,we have been reviewing the staffing requirements of the Municipal Court. You have been briefed previously on the high activity levels of the court, and how this has exceeded our expectations. The impact of this high activity level is experienced primarily by court clerk staff. While our staff has worked valiantly to keep up, they are simply overwhelmed by the volume of work. What this means from an operating standpoint is that while we do a good job with the initial arraignment and trial,we are not keeping up with the follow-up activities of the court. For example, the judge sentences a defendant to take an anger management class as a part of sentencing. The defendant doesn't take the class, and therefore, must be brought back in front of the judge for imposition of sentence. This is the type of situation where we fall behind because we simply do not have enough staff to process the paper work. Because of this, we not only don't get these people back in front of the judge,we lose revenue because we aren't getting the people who don't pay their fines back into court. This is a significant impact on the domestic violence staff as well, as we aren't tracking these offenders through the system. Staff s proposed solution is to hire 2.5 FTE temporaries through the balance of 1995. This will allow us to manage the paper work and bring people back in front of the judge when necessary. It should also result in more fine revenue being collected as we will be able to bring people back in after they have missed a payment instead of waiting several months or not at all. We will also do a better job of tracking domestic violence offenders through the system which should help with the workload of the domestic violence advocate. This would also bring our staffing to a level more consistent with that of courts of similar size and case loads. We will analyze the effectiveness of this effort between now and 1996 budget development to determine whether or not to recommend these positions for permanent funding. The cost of these positions for the balance of 1995 is estimated at $57,500 and will be funded from General Fund savings, primarily savings in overtime from existing court staff. Another issue we face in Municipal Court is one of security. With the increasing case load of domestic violence offenders, and with the problems of safety and security brought to our attention by the unfortunate shootings at the King County Courthouse, staff feels that we need to address the issue of security for the court. Physical changes to the facility need to be made, and these are addressed in another agenda item. However, we also need to address personal security. Therefore, staff is proposing that we hire a "limited commission" security officer (probably a retired police officer) who will work up to 20 hours weekly providing security at the court. Hours will be scheduled by the Court Administrator to coincide with the periods of greatest exposure to violent encounters at the court. As with the clerk staff, we propose that this position work through the balance of 1995,and that we analyze the continuing need for the position as we prepare the proposed 1996 budget. Cost for the balance-of 1995 is estimated at $12,000 which will come form General Fund savings We do not propose any budget change at this time for either the clerks or the security officer. RECOMMENDATION: Authorization be granted to hire 2.5 FTE temporary court clerk positions and 0.5 FTE temporary "limited commission" security officer through the balance of 1995 with funds coming from savings in the General Fund. April 4th, 1995 TO: Roger Lubovich, Kent City Attorney FROM: Beth Hislop, DV Advocate for Kent SUBJECT: Additional Court Staffing By increasing and assisting the Kent Municipal Court with additional staff, victims benefit in the following way: * Quicker service when inquiring about protection orders or criminal case inquiry. * When obtaining civil orders, especially if order is being transferred to Superior, faster processing of paperwork. * When Advocate is not available, the positions would be able to assist victims with protection orders and resources. * The sooner the Court is able to put information on Read Cite, the sooner the Advocate can access information from the Court to assist victims. * Tracking and monitoring domestic violence cases as well as status of No Contact Orders would greatly benefit victims. These are just a few of the ways additional staffing could support the Court and victims. We are not able to support victims in the criminal justice system if we do not have the appropriate resources to handle the criminal file and more specifically, track the defendant. Additional Court staff is one of the best ways to support the victims and is definately needed. R E C E I V E D APR1 % 1995 KENT MUNICIPAL COURT OFFICE OF THE MAYOR MEMORANDUM Date: April 11, 1995 To: Brent McFall, Director of Operations / From: Kelly Brown, Court Administrator Re: Clerks & Revenue As you are aware additional clerk's will not generate income directly, as they will not lead to more convictions or more charges being filed, nor to an increase in accounts receivables. However, they will aid in collecting those fines imposed. Increased revenue will be generated from fines collected for convictions on criminal matters and committed findings on infractions. The court is behind in review of files where guilty/committed findings have been entered and fines/conditions imposed. Employing additional clerks will assist in: 1. the timely setting of review hearings for delinquent criminal cases (defendant's have an amazing ability to come up with funds when faced with the possibility of jail time) and; 2. referring delinquent matters promptly to collections and to the Department of Licensing (DOL). It is a well known fact that the earlier information is received the easier the debt is to collect. Timely referrals to the collection agency should assist in collecting delinquent fines; thereby increasing overall revenue. There are no statistics available from any source that would give reliable information regarding what additional revenues each clerk might generate. In many cases, the additional fines collected are done so indirectly: ie, the collection agency would be better able to collect on an account promptly referred to them. Consistent and timely referrals to collections will assure the validity of address, phone number and employer information, thereby, increasing successful collection efforts by the agency. A great number of charges filed in this court are criminal traffic or civil traffic infractions. Non payment of fines on these charges result in an additional $47.00 penalty, as well as the suspension of a person's drivers license by the Department of Licensing. Once a person receives notice of the suspension action from DOL, they are generally inclined to take care of it immediately, and if they do not take care of the debt, they commonly get picked up and charged with Driving While License Suspended-3°. Routinely, deals are offered such defendants if they obtain their license the charge will be reduced and the sentence imposed will be less than if it proceeds to sentencing on the original charge. In order for defendants to have their license reinstated, they are required to take care of any outstanding FTA's (Failure to Appear), which often result in the payment of delinquent fines (including the additional $47.00 penalty). Additional clerks will assure that this court's FTA's are filed with DOL in an expeditious manner. Please convey to the operations committee or the council that even if the additional clerk's generated not a penny more in increased collection of revenue, their assistance is still critically needed. My staff are barely able to keep up to date with the filings coming in and hearings taking place. This is certainly not due to any deficiency in skills on their part, but rather to the overwhelming deluge of filings. Each clerk, myself included, are working a tremendous amount of overtime. Although, for my staff the extra money is initially good incentive, eventually burnout occurs and the clerks start realizing they need a life outside of the court. At this point, if the clerk's were to refuse to work overtime or if any went out on extended leave, the court could literally be driven to its knees. Additional clerks will assist in revenue-related matters by: 1. Setting review hearings timely a. We recently collected $2,100.00 in delinquent fines as a result of one review calendar. 2. Referring matters to DOL and collections timely b. Pending license suspension is an excellent tool for motivating subjects to take care of their out- standing fines. Having the certainty that an account will be referred to collections can motivate as well, since the collection agency renumeration fee is an additional 50% of the total owed the court. However, both DOL and collection referrals are labor intensive tasks. Ideally these referrals should be made regularly on a weekly basis. 3. Cut down on the large amount of overtime currently being worked and thus preventing burnout by the present staff. (Brent - I am so very proud of my staff. They are bright & dedicated and are truly working their hearts out for the court). Finally, providing additional staff will enable the court to fulfil its goal of providing high quality service in a responsive and expeditious manner. As well as, better serve our citizenship by insuring the safety of the public by holding defendants and infractors accountable. Also,just for your information, I expect OAC to have their report to me within the next 7 - 10 business days. I will let you know as soon as it arrives. 041195.m<m Kent City Council Meeting Date April 18 . 1995 Category Consent Calendar 1. SUBJECT: TRIP TO ASIA AND APPOINTMENT OF ACTING MAYOR PRO TEM AND COUNCIL PRESIDENT 2 . SUMMARY STAT MENT: Adoption of Resolution No. /4Z(o authorizing the Mayor and Council President`s }rip to AE4a 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 attendance 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 inciden- tal expenses with major expenses such as airfare'hotel� e: covered by the Trade Exchange. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Operations Committee (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. 3F RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing the mayor and council president ' s trip to Asia and appointing an acting mayor pro tempore and council president . WHEREAS, the mayor and council president are scheduled to take a trip to Asia on .behalf of the City during May of 1995; and WHEREAS, RCW 35A. 12 . 065 provides for the appointment of a mayor pro tempore; and WHEREAS, pursuant to Kent City Resolution No . 1094 , the council president also serves as mayor pro tempore; and WHEREAS, pursuant to said provisions, appointments have been made for council president ; and WHEREAS, both the Mayor of the City of Kent and the appointed council president will be out of town at the same time; and WHEREAS, it is desirable to make an interim appointment for council president during the absence of our currently appointed council president and to further provide for the execution of documents and other such matters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS : Section 1 . That the upcoming trip to Asia by the mayor and council president is hereby authorized and that the mayor and council president may be reimbursed for reasonable expenses incurred on said trip. Section 2. That Jon Johnson is hereby appointed as acting council president who will also serve as acting mayor pro tempore during the absence of the duly appointed council president from May 4 through May 19 , 1995 . Section 3. That the Director of Operations, as chief of staff, is hereby authorized to execute contracts, documents, and other instruments on behalf of the mayor during the mayor' s absence of May 3 through May 28 in the event the acting mayor pro tempore is unavailable to take such action. 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 protem.res 3 Kent City Council Meeting Date April 18 , 1995 Category Consent Calendar 1. SUBJECT: I.A.C. MATCHING FUND GRANT 2 . SUMMARY STATEMENT: Adoption of Resolution No. authorizing the application to the for the acquisition of the Morrill property (East Hill Park Expansion Project) �fte� � 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Staff, Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3G RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing application (s) for funding assistance for an outdoor recreation or habitat conservation project to the Interagency Committee for Outdoor Recreation as provided by the Marine Recreation Land Act or the Washington Wildlife Recreation Program, as applicable . WHEREAS, the City Council of the City of Kent has approved a "Comprehensive Park and Recreation Plan" for the urban area which identifies a community park on the East Hill of Kent in the eastern part of the City; and WHEREAS, under the provisions of the Marine Recreation Land Act or the Washington Wildlife Recreation Program, state and federal funding assistance has been authorized and made available to aid in financing the cost of land for parks and habitat conservation areas and the construction of outdoor recreational facilities of local public bodies ; and WHEREAS, the City Council of the City of Kent considers it in the best public interest to acquire a community park in the eastern part of the City generally located on S .E. 248th Street, east of 104th Avenue S .E . and west of 108th Avenue S .E. ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS : Section 1. That the Mayor or his designee be authorized to make formal application to the Interagency Committee for Outdoor Recreation for funding assistance . Section 2. That any fund assistance so received be used for the acquisition of thirteen and eleven hundredths (13 . 11) acres of land in the eastern part of the City of Kent , Washington. Section 3 . That the City' s share of the project will be derived from budgeted CIP funds . Section 4. That any property acquired with financial aid through the Interagency Committee for Outdoor Recreation be placed in use as an outdoor recreation facility or habitat conservation area and be retained in such use in perpetuity unless as otherwise provided and agreed to by the City Council, the Interagency Committee for Outdoor Recreation, and any affected federal agency. Section 5. That this resolution become part of a formal application to the Interagency Committee for Outdoor Recreation. Section 6. That adequate notification has been given and the opportunity provided for public input and that published notices have identified affected flood plains and/or wetlands, if applicable . Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1995 . Concurred in by the Mayor of the City of Kent, this day of 1995 . JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 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 ICOR.res 3 Kent City Council Meeting Date April 18 , 1995 Category Consent Calendar 1. SUBJECT: SKATEBOARD PARK COMMITTEE 2 . SUMMARY STATEMENT: 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. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff and Parks Committee (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. 3H Kent City Council Meeting Date April 18 . 1995 Category Consent Calendar 1. SUBJECT: 112TH AVENUE WATER TANK REPAINT 2 . SUMMARY ST_4TEMENT: recommended by the Public Works Director, ccept as comp le contract with Coatings Unlimited for the 112th WaterITa Repaint project and release of retainage after State reles. The original contract was $70, 384 . 10. The final construction cost was $71, 682 . 50. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3I HILLTOP AVE -C N _ S 92ND PL 93RD AVE 5 y y Ot Z .T 94TH AVE S 94TH AYE S / VI T p y y w 94TH 'iAV s] ° 96TH AVE S I _ r C' rp RRY IN n 99TH A4s; ~ W J Cp„c1 a u 95 _ $ fll N ~ r ~ \\ (C 100TH S AVE SE O y 1 H � �' AVE SE \' �AA .-- i; y " OD - MrRM 01-4 r�r 102HD • • Barricade >r AVE SE W /• _ N - _ m 103RD PL SE i 2 104TH AVE SE m / 104TH PL ^' SE 104TH Pt •1 �S N N p N AYE T �1 pi -ui N 105TH mAV 1QSTH 1'E '� 7W N N N $ N NGv m PL 5 1 0� fE, �r y4 u N r y l0 n s 1 SE N g 105TH ZO N SE �= ' •�' u m sF 35 m 0 I '?r `r 2 p a AVE SE u Nu uy 105TH P; m op N N. gpl " 'S, 2 1 2 IA10 p u •n rn W µ N z i h' ti 106TH m A _ I r0 gyp) AYE S u p II K = Ty O r ,�6 y� 3f•A�` TH ZA SS S A SE N y 8E y 108TH AVE SE u Nl •'� N� i epn u u Nca m 108TH PL SE 1087E I '� apt d '� 0 ° -ai Y i n�i _ ui nNi 1 to ? L m In m PL SE «� , J. 'S�1 %. y to 0 110TH = m 3 Lt N m ,p u C r'S•3S ` 110TM AVESE /AVE SE N C y0 m I10T C.VE SE 1" ^� 3A 11rm y N F*A Z H N N N I N C1r z J r^ / 11TH �L E SE 117E lM/T N 112TH AVE SE � v - VE 5 113T r y r m cH y U m r2M 1137 u N A u > N r 113TH PL �6� w 1 T SE m N � W r o N 114TH Pt SE 1 114TH = j14TH ° a ro 115TH�'4� j1STH I16TH E SE r N S2. !15TH PQ O -4 O SE AVE SE om E 116TH AVE � m ° m N NV c M / N m r � W Z $ nCDI O 'E SE O 7+' -I 120TH AVE SE / AA r �J r AVE'RD 1 1 112TH AVE WATER TANK REPAINTING fE u W /XJ- Ak- Kent City Council Meeting Date April 18 1995 Category Other Business 1. SUBJECT: KENT COMPREHENSIVE PLAN CPA-94-1 - ORDINANCE 2 . SUMMARY STATEMENT: The Planning Committee has recom- mended the adoption of the Proposed Kent Comprehensive Plan (CPA-94-1) . Adoption of the Comprehensive Plan culminates a three-year process which has included extensive public input. Adoption of the Comprehensive Plan is mandated by the State Growth Management Act. Once adopted, the Comprehensive Plan will be reviewed/revised annually. 3 . EXHIBITS: Memo, proposed ordinance with exhibits and Planning Committee minutes of April 4 , 1995 . 4 . RECOMMENDED BY: City Council Planning Committee (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 w seconds to adopt Ordinance No. oZo ,:2 adopting the Kent Comprehensive Plan #CPA-94-1 including Exhibits A-E, and Exhibit F as recommende byp�the Council Planning Committee earlif-r today., DISCUSSION• ACTION• ti U�V>Council Agenda _Item No. 4A (/ V� ITCITY OF L�zSV CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM April 13, 1995 TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: SUBMITTAL OF THE PLANNING COMMITTEE'S RECOMMENDATION ON THE PROPOSED KENT COMPREHENSIVE PLAN (#CPA-94-1) Attached for your consideration is the recommendation of the City Council Planning Committee on the Draft City of Kent Comprehensive Plan. The packet includes a draft ordinance adopting the July 18 Executive Proposed Comprehensive Plan, with amendments recommended by the Planning Committee. On January 17, the City Council referred the Planning Commission's recommendation on the draft plan to the Planning Committee, and asked the Committee to conduct whatever hearings and meetings were necessary to prepare a recommendation on the draft plan back to the full Council. The Planning Committee held meetings on February 14, March 7, and April 4 to take public testimony (in addition to the testimony which had already been given to the Planning Commission) and deliberate on the draft plan. On April 4, the Committee adopted a motion to recommend adoption of the July 18, 1994 Draft Comprehensive Plan (referenced in the draft ordinance as Exhibit A) with the following amendments: 1. Exhibit B - Planning Committee Revisions to the Land Use Plan Map 2. Exhibit C - Planning Committee Recommended Policy Revisions and Additions to the Draft Kent Comprehensive Plan 3. Exhibit D - Revised Capital Facilities Element 4. Exhibit E - Revised Transportation Element 5. Exhibit F - Revised Transportation Element Non-Motorized Goals and Policies The Council has already received copies of the revised Capital Facilities and Transportation Elements (Exhibits D and E), which were previously inserted into your 3-ring plan binder. The revised Non-Motorized Goals and Policies will be considered by the Planning Committee at their meeting on April 18, and the specific language in the revised policies will be presented at the regular Council meeting that evening. The attached draft ordinance which would adopt the Comprehensive Plan includes the plan as an attachment, along with the exhibits outlined above. JPH/KON/mp:cpadopt.mem cc: Fred Satterstrom, Planning Manager ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent , Washington, regarding the adoption of the City of Kent Comprehensive Plan. WHEREAS, in 1990 the Washington State Legislature adopted the Growth Management Act (GMA) , which was subsequently amended by the legislature in 1991 and 1993 ; and WHEREAS, the GMA requires jurisdictions throughout the State of Washington, including the City of Kent, to prepare and adopt comprehensive plans which contain, at a minimum, elements relating to land use, transportation, capital facilities, housing, and utilities; and which must be both internally consistent and consistent with comprehensive plans from surrounding jurisdictions ; and . WHEREAS, pursuant to the GMA, the City of Kent began work on its comprehensive plan in 1990 , and this work included the adoption of Framework Planning Goals and the establishment of an Interim Urban Growth Area boundary in 1992 , and adoption of development regulations protecting critical areas and the establishment of an Interim Potential Annexation Area boundary in 1993 ; and WHEREAS, the GMA requires that jurisdictions shall provide for early and continuous public participation in the development and amendment of comprehensive plans (RCW 36 . 70A. 140) and accordingly, the City of Kent has undertaken an extensive public participation process for the comprehensive. plan, including the establishment of several citizen advisory committees, the Kent Community Forum on Growth Management and Visual Preference Survey in 1992 , neighborhood open houses in 1993 , and a second Community Forum in 1994 ; and WHEREAS, the Washington State Environmental Policy Act (SEPA) requires that comprehensive plans be reviewed as to their potential environmental impact, and the City of Kent issued a Determination of Significance on the comprehensive plan and conducted three Scoping meetings in October, 1993 , prepared and distributed a Draft Environmental Impact Statement (DEIS) in July, 1994 , and, based on comments received on the DEIS, issued a Final Environmental Impact Statement (FEIS) in January, 1995 ; and WHEREAS, based on citizen input received, and the policy direction established in state, regional , and local growth management planning goals, the City of Kent prepared a Draft Comprehensive Plan, dated July 18 , 1994 , and made this draft plan available for public review and input; and WHEREAS, in ten public meetings and hearings conducted between July and December, 1994 , the Kent Planning Commission reviewed the Draft Comprehensive Plan dated July 18, 1994 , the Comprehensive Plan Map, the Draft Environmental Impact Statement (DEIS) , the land use policies, the capital facilities element, the transportation element, and on December 12 , 1994 , the Commission voted to recommend adoption of the Draft Comprehensive Plan as amended by the Planning Commission to the Kent City Council ; and WHEREAS, the Mayor transmitted the Planning Commission' s recommendation on the Draft Comprehensive Plan to 2 . the City Council in January, 1995 , and that upon receipt of the draft plan the Council referred it to the City Council Planning Committee to conduct such meetings as deemed necessary to develop a recommendation for consideration by the full City Council ; and WHEREAS, the City Council Planning Committee conducted three public meetings in February, March, and April , 1995 during which they heard public testimony and deliberated on the draft plan as submitted by the Planning Commission, and considered further amendments thereto, and on April 4 , 1995 , the Committee developed a recommendation for the full City Council consisting of the Draft Comprehensive Plan dated July 18 , 1994 , the Land Use Plan Map dated April 11, 1995, the Policy Revisions dated April 4 , 1995 , the Capital Facilities Element dated December 12 , 1994 , the Transportation Element dated April 4 , 1995, and the Non- motorized Vehicles Policy dated April 18 , 1995 ; and WHEREAS, the City Council Planning Committee recommended that the City' s land use map designations be named consistently with those land use map designations used by King County where the unincorporated areas of King County overlap with the City' s comprehensive plan boundaries; WHEREAS, on April 18, 1995 , the City Council reviewed and considered the recommendation of the Planning Committee on the Draft Comprehensive Plan as amended; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : 3 Section 1 . Based on work proposed by City Staff, Consultants, Citizen input received at public hearings, and the Draft and Final Environmental Impact Statements, the City adopts the Kent Comprehensive Plan recommended by the Planning Committee and consisting of the following documents : 1 . The Draft Comprehensive Plan dated July 18 , 1994 , identified as Exhibit A hereto, which exhibit is on file with the City Clerk' s office and incorporated by reference as if set forth herein in full , and 2 . The Land Use Plan Map dated April 11, 1995, attached hereto as Exhibit B and incorporated into the Draft Comprehensive Plan, and 3 . The Policy Revisions dated April 4 , 1995 attached hereto as Exhibit C and incorporated into the Draft Comprehensive Plan, and 4 . The Capital Facilities Element dated December 12 , 1994 attached hereto as Exhibit D and incorporated into the Draft Comprehensive Plan, and S . The Transportation Element dated December 12 , 1994 attached hereto as Exhibit E, and incorporated into the Draft Comprehensive Plan, and 6 . The Non-motorized Vehicles Policy dated April 18 , 1995 attached hereto as Exhibit F and incorporated into the Draft Comprehensive Plan. 4 Section 2 . Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,' clause or phrase of this ordinance . Section 3 . Effective Date . ' This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST : BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY • 5 PASSED day of 1995 . APPROVED day of 1995 . PUBLISHED day of 1995 . I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK gma.ord . 6 - r � I I � I � I N 111 i•� of � Il i , L u Vnllry Hwy � � { J� REIF I L Jl v � I y y k� ,i qz.VF _c F'F LA 30 ACE l OF _.{•('iS iI I f1 { I � II { t cf 1 YY i I- II{rrf ` I` (` I 1 { \ � I -I .-4 t+-I O ion 1-3 J. �7 EXHIBIT CITY COUNCIL PLANNING COMMITTEE RECOMMENDED POLICY REVISIONS AND ADDITIONS TO THE DRAFT KENT COMPREHENSIVE PLAN APRIL 4, 1995 The following amendments and additions have been made by the City Council Planning Committee to the goals and policies in the July 18, 1994 Draft Kent Comprehensive Plan. The Committee's recommended text additions are underlined, while recommended text deletions are lined eut. Please refer to the Executive Proposed Draft Comprehensive Plan for the complete text of each element. KENT PLANNING GOALS URBAN GROWTH 8. The City shall define neighborhoods to foster a strong sense of community. The City and each neighborhood shall cooperatively develop neighborhood plans addressing land use, mobility, parks, sae and public facilities and services. TRANSPORTATION I. The City shall develop a sa e transportation network which promotes a variety of mobility options, including private automobile, public transit, bicycling, and walking. HOUSING 3. Encourage an adequate and balanced supply of sae housing units offering a diversity of size, densities, age, style and cost. Assure that opportunities for a diversity of housing is available to all income levels. PROPERTY RIGHTS 4. The City shall protect the rights of private property owners from arbitrary and discriminatory actions while continuing to make land use and zoning decisions which regulate the use of land to promotethe public health safety and general welfare of the citizens of Kent. LAND USE ELEMENT Goal LU-2 - Establish a land use pattern throughout the urban growth area that will facilitate a multimodal transportation system and provide efficient public facilities. Ensure that overall densities in the urban growth area are adequate to support a range of urban services. City Council Planning Committee Recommended Goal and Policy Amendments April 4, 1995 Page 2 Goal LU-5 - Emphasize the importance of good design, historic preservation, and aesthetics for development in the downtown area. Policy LU-5.1 - Require design review for development projects in the downtown area. Review projects for site design, effects upon historic properties, landscaping design, and pedestrian orientation. Goal LU-8 - The City of Kent adopts a 20-year housing target of 7,500 new dwelling units within the existing city limits. Coordinate with King County through an interlocal agreement on housing targets in the unincorporated area within Kent's potential annexation area. Policy LU-8.1 - Provide in the land use plan adequate land and densities to accommodate both city and county housing targets within the potential annexation area. Average net residential densities throughout the potential annexation area should be at least four units per acre in order to adequately support urban services. planned unit development-s in all residential dis-tfiet-s. NATURAL RESOURCES GOALS AND POLICIES The natural environment of the Green River valley and adjacent hillsides provide unique and distinctive character to the City of Kent. The City is identified by the Green River system which consists of the river and associated creeks and wetlands. Some of the creeks in the Green River system, such as Mill Creek, Springbrook Creek, and Garrison Creek, flow through steep ravines. Significant fish and wildlife habitat areas within this system support local and regional fish and wildlife resources The principal sources of water supply for the City's water system Kent Springs, Armstrong Springs and Clark Springs are located in the east hill region of Kent and within the urban growth boundary. In 1985 the City of Kent, in conjunction with the establishment of the City stormwater drainage utility, adopted the following water quality goal: "Reduce the environmentally detrimental effects of present and future runoff in order to maintain or improve stream habitat and wetlands particularly water quality, and protected water-related uses " Since 1986 the Green River Community College has analyzed samples each month from 11 stream locations in Kent for 24 water quality parameters. Analysis of the data collected indicates that water quality problems exist at most of the 11 sampling stations. The City of Kent Water Ouality Program was drafted in 1991 and the City is presently working to implement the recommendations of the program. A wellhead protection plan is being_prgpared for these water sources. The plan will identify aquifer recharge areas and propose strategies for protection of aquifers through preservation and protection of groundwater. : — City Council Planning Committee Recommended Goal and Policy Amendments April 4, 1995 Page 3 Lake Fenwick, Panther Lake, Star Lake, and Lake Meridian are located within the growth area of the City. Since 1980, Kent has completed several projects to protect the water quality of Lake Fenwick. The City is currently evaluating measures to further improve water quality. Native plants and shrubs and mature evergreen and deciduous trees are found throughout the City. Preservation and planting of trees and shrubs on individual properties and in parks and other public spaces will protect and enhance environmental quality. Historically, the commercial agricultural lands in the valley have added to the City's economic support. Protection and enhancement of these natural resources is vital to maintaining a sustainable community. Goal LU-19 - , Coordinate with appropriate individuals and entities to create a long-term, sustainable relationship among natural resource protection,future growth, and economic development through enhancement of wildlife fisheries. and recreational opportunities; protections cultural resources; protection of water quality in aquifers lakes, streams, and the Green River; provision of open space and screening to reduce impacts of development;protection of environmentally sensitive areas to preserve life, property, and sh and wildlife habitat; and retention of the unique character and sense of place provided by the City's natural features. Policy LU-19.1 - Provide incentives for environmental protection and compliance with environmental regulations. Foster greater cooperation and education among City staff, developers, and other citizens. Determine the effectiveness of incentives by establishing monitoring programs. . Goal LU-22 - Ensure that the City's environmental policies and regulations comply with state and federal environmental protection regulations regarding air and water quality, hazardous materials, affd noise, and wildlife and fisheries resources and habitat protection. Demonstrate support for environmental quality in land use plans, capital improvement programs, code enforcement, implementation programs, development regulations, and site plan review to ensure that local land use management is consistent with the City's overall natural resource goals. Policy LU-22.3 - Indemnify the City from damages resulting from development in naturally constrained areas. To the extentpossible or feasible, require that developers provide to the City accurate and valid environmental information. . Policy LU-22.4-Initiate a periodic storm drainage%nvironmental inspection program to ensure Aer^ are ^eemR4no constant maintenance and upkeep of storm systems and on-going compliance with general environmental processes. City Council Planning Committee Recommended Goal and Policy Amendments April 4, 1995 Page 4 Policy LU-22.5 -Ensure that decisions regarding fundamental site design are made prior to the initiation of land surface modifications. Grade and fill permits which do not include site development plans may be issued t the City where such activities do not disturb sensitive areas, such as wetlands. Goal LU-23 - Protect and enhance water resources for multiple benefits, including recreation, fish and wildlife resources and habitat, flood protection, water supply, and open space. Policy LU-23.3- When jurisdictional boundaries are involved coordinate wetland protection and enhancement plans and actions with adjacent jurisdictions and the Muckleshoot Indian Tribe. Policy LU-23.5 - On a regular basis, evaluate the adequacy of the existing building setback and stream buffer requirements in relation to goals for water resource and fisheries and wildlife resource protection. When necessary, modify the requirements to achieve goals. Policv LU 23 6 Coordinate with King County to produce critical area maps of the unincoMoratedportion of the potential annexation area which are consistent with the Cate of Kent maps which identify critical areas within the existing city limits. Policv LU 23 7 Protect the quality and quantity of ground water used for public water supplies in accordance with the Citv of Kent Water Oualitv Program recommendations. Policv LU 23 8 Update the City of Kent Hazard Area Development Limitations Map as new information about rechar e areas and wellhead protection areas becomes available. Goal LU-24 - Ensure that uses, densities, and development patterns on lands adjacent to the shorelines of the Green River are compatible with shoreline uses and resource values, and support the goals and policies of the City of Kent's Shoreline Master Program and the Green- Duwamish Watershed Nonpoint Action Plan. Policy LU 27 4 Coordinate with King County to provide for purchasing or transferring the development rights of agricultural land identified as having long-term commercial significance. TRANSPORTATION ELEMENT Policy TR 8 8 As a means for accommodating new development, mode split goals should be established in each of the 22 transportation zones, that work towards a 50% increase in transit share by the year 2001 and a 100% increase by the year 2010--within the limitations of the City being able to request service from METRO. City Council Planning Committee Recommended Goal and Policy Amendments April 4, 1995 Page 5 Policy TR-8.9 - Transit priority measures, such as "queue-iump" lanes. "traffic si nal pre- emption", and "transit only lanes"should be incorporated into the City's Six-Year Transportation Improvement Plan, consistent with achieving a significant mode shift away from continued SOV rowth. PARKS ELEMENT Policy P&R-17.3 - Where possible in landscapingparks, encourage the use of low maintenance flowering plants, working toward a landscape that is colorful year-round. CHAPTER EIGHT CAPITAL FACILITIES ELEMENT EXHIBIT1b CHAPTER EIGHT CAPITAL FACILITIES ELEMENT INTRODUCTION The capital facilities element contains a summary of the Capital Facilities Plan (CFP) for the City of Kent. The element consists of the following information: (1) statements of requirements, level-of-service (LOS) standards, guidelines, and criteria that are used to develop and implement the CFP; (2) inventories of existing facilities; (3) maps showing the locations of existing facilities; and (4) a list of proposed capital projects, including a financing plan, future operating costs, and reconciliation of project capacity and LOS standards. The complete CFP and supporting documents are available for review at the City of Kent Planning Department. The CFP is a required element of the City's comprehensive plan, mandated by the Washington State Growth Management Act (GMA). The GMA requires cities and counties to approve and maintain a CFP which includes requirements for specific types of capital facilities, LOS standards, financial feasibility, and assurance that adequate facilities will be provided as development occurs. As required by the GMA, the CFP is a 6-year plan for capital improvements that support the City's current and future population and employment growth. It contains LOS standards for each public facility, and requires that new development is served by adequate facilities. The CFP also contains broad goals and specific policies that guide and implement the provision of adequate public facilities. The capital facilities element is the element that makes real the rest of the comprehensive plan. By establishing LOS as the basis for providing capital facilities and for achieving concurrency, the CFP determines the quality of life in the community. The requirement to fully finance the CFP provides a reality check on the vision set forth in the comprehensive plan. The capacity of capital facilities that are provided in the CFP affects the size and configuration of the urban growth area. Kent Comprehensive Plan PC Revised Draft -December 12, 1994 8-1 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT The purpose of the CFP is to use sound fiscal policies to provide adequate public facilities in a manner consistent with the land use element and at a time concurrent with (or prior to) the impacts of development. These capital facilities propose to achieve and maintain adopted standards for LOS in order to maintain the quality of life for existing and future development. The plan fulfills the GMA requirement for facilities planning; but, in addition, the plan serves as a base for good city management and establishes eligibility for grants and loans. It provides coordination among the City's many plans for capital improvements, including other elements of the comprehensive plan, master plans of departmental service providers, and facilities plans of the state, the region, and adjacent local jurisdictions. Requirements of the Growth Management Act The GMA requires the CFP to identify public facilities that will be required during the six years following adoption of the new plan (1994 through 1999). The CFP must include the location and cost of the facilities, and the sources of revenue that will be used to fund the facilities. The CFP must be financially feasible; in other words, dependable revenue sources must equal or exceed anticipated costs. If the costs exceed the revenue, the City must reduce its level of service, reduce costs, or modify the land use element to bring development into balance with available or affordable facilities. Other requirements of the GMA mandate forecasts of future needs for capital facilities and the use of standards for levels of service of facility capacity as the basis for public facilities contained in the CFP [see RCW 36.70A.020 (12)]. As a result, public facilities in the CFP must be based on quantifiable, objective measures of capacity, such as traffic- volume capacity per mile of road and acres of park per capita. One of the goals of the GMA is to have capital facilities in place concurrent with development. This concept is known as concurrency (also called "adequate public facilities"). In the City of Kent, concurrency requires 1) facilities which serve the development to be in place at the time of development (or for some types of facilities, a financial commitment to be made to provide the facilities within a specified period of time) and 2) facilities which serve the development to have sufficient capacity to serve the development without decreasing LOS below minimum standards adopted in the CFP. The GMA requires concurrency for transportation facilities. The GMA also requires all other public facilities to be "adequate" [see RCW 19.27.097, 36.70A.020, 36.70A.030, 8.2 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CHAPTER EIGHT CAPITAL FACILITIEs ELEMENT and 58.17.1101. Concurrency management procedures will be developed to ensure that sufficient public facility capacity is available for each proposed development. After the CFP is completed and adopted as part of the comprehensive plan, the City must adopt development regulations to implement the plan. The development regulations will provide detailed regulations and procedures for implementing the requirements of the plan. Each year, the City must update the CFP. The annual update will be completed before the City's budget is adopted in order to incorporate into the budget the capital improvements from the updated CFP. BACKGROUND AND ANALYSIS LOS (SCENARIO-DRIVEN) METHOD OF ANALYSIS Explanation of Levels of Service Levels of service usually are quantifiable measures of the amount of public facilities that are provided to the community. Levels of service also may measure the quality of some public facilities. Typically, measures of LOS are expressed as ratios of facility capacity to demand (i.e., actual or potential users). The following chart lists examples of LOS measures for some capital facilities. Type of Capital Facility Sample LOS Measures Corrections Beds per 1,000 population Fire and Rescue Average response time Hospitals Beds per 1,000 population Law Enforcement Officers per 1,000 population Library Collection size per capita Building square feet per capita Parks Acres per 1,000 population Roads and Streets Ratio of actual volume to design Kent Comprehensive Plait PC Revised Draft -December 12, 1994 8-3 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT capacity Schools Square feet per student Sewer Gallons per customer per day Effluent quality Solid Waste Tons (or cubic yards) per capita or per customer Surface Water & River Levees Design storm (i.e., 100-year storm) Runoff water quality Transit Ridership Water Gallons per customer per day Water quality Each of these LOS measures needs one additional piece of information: the specific quantity that measures the current or proposed LOS. For example, the standard for parks might be 5 acres per 1,000 population; but the current LOS may be 2.68 acres per 1,000, which is less than the standard. In order to make use of the LOS method, the City selects the way in which it will measure each facility (i.e., acres, gallons, etc.). It also identifies the amount of the current and proposed LOS standard for each measurement. There are other ways to measure the LOS of many of these capital facilities. The examples in the previous chart are provided to give greater depth to the following discussion of the use of LOS as a method for determining the City's need for capital facilities. Method for Using Levels of Service The LOS method answers two questions in order to develop a financially-feasible CFP. The GMA requires the CFP to be based on standards for service levels that are measurable and financially feasible for the six fiscal years following adoption of the plan. The CFP must meet the City's capital needs for the fiscal years 1994 through 1999. The two questions that must be answered in order to meet the GMA requirements are: (1) What is the quantity of public facilities that will be required by the end of the 6th year (i.e., 1999)? - 8-4 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT (2) Is it financially feasible to provide the quantity of facilities that are required by the end of the 6th year (i.e., 1999)? The answer to each question can be calculated by using objective data and formulas. Each type of public facility is examined separately (i.e., roads are examined separately from parks). The costs of all the types of facilities then are added together in order to determine the overall financial feasibility of the CFP. A detailed explaination of the formulas used is contained in the Capital Facilities Plan. One of the CFP support documents, Capital Facilities Requirements, contains the results of the use of this method. Setting the Standards for Levels of Service Because the need for capital facilities is determined largely by the adopted LOS, the key to influencing the CFP is to influence the selection of the LOS standards. LOS standards are measures of the quality of life of the community. The standards should be based on the community's vision of its future and its values. Traditional approaches to capital facilities planning rely on technical experts (i.e., staff and consultants) to determine the need for capital improvements. In the scenario-driven approach, these experts play an important advisory role, but they do not control the determination. Their role is to define and implement a process for the review of various scenarios, to analyze data, and to make suggestions based on technical considerations. The final, legal authority to establish the LOS rests with the City Council because the City Council enacts the LOS standards that reflect the community's vision. The City Council's decision should be influenced by recommendations of the 1) Planning Commission; 2) providers of public facilities (i.e., local government departments, special districts, private utilities, the State of Washington, tribal governments, etc.); 3) formal advisory groups that make recommendations to the providers of public facilities (i.e., community planning groups); 4) the general public through individual citizens and community civic, business, and issue-based organizations that make their views known or are sought through sampling techniques. The scenario-driven approach to developing the LOS standards provides decision-makers and anyone else who wishes to participate with a clear statement of the outcomes of various LOS for each type of public facility. This approach reduces the tendency for decisions to be controlled by expert staff or consultants, opens up the decision-making Kent Comprehensive Plan PC Revised Draft -December 12, 1994 8-5 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT process to the public and advisory groups, and places the decisions before the City Council. Selection of a specific LOS to be the "adopted standard" ultimately will be accomplished by a 12-step process: (1) The "current" (1993), actual LOS are calculated. (2) Departmental service providers are given national standards or guidelines and examples of LOS from other local governments. (3) Departmental service providers research local standards from City studies, master plans, ordinances, and development regulations. (4) Departmental service providers recommend a standard for the City of Kent's CFP. (5) The first draft of Capital Facilities Requirements forecasts needed capacity and approximate costs of two LOS scenarios (e.g., the 1993 actual LOS and the department's recommended LOS) (6) The City Council reviews and comments on the first draft of Capital Facilities Requirements. (7) The Operations department prepare a follow-up Capital Facilities Level of Service/Cost Options report which identifies five alternative LOS options, or scenarios, to forecast the amount of capital facilities that would be most appropriate for the City of Kent during the 6-year growth period 1994-1999. This report complements Capital Facilities Requirements, which was reviewed with the City Council November 30, 1993, and not only identifies LOS options but also includes specific recommendations from the Operations department. (8) The City Council reviews and comments on Capital Facilities Level of Service/Cost Options and indicates their preferences for LOS and noncapacity capital projects to be included in the first draft of the CFP. (9) Departmental service providers prepare specific capital improvements projects and estimates of related maintenance and operating costs to support the City Council's preferred LOS and noncapacity projects. (10) The first-draft CFP is prepared using the City Council's preferred LOS and noncapacity projects. The LOS in the first-draft CFP serves as the basis for capital projects, their costs, and a financing plan necessary to pay for the costs. 8-6 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT (11) The draft CFP is reviewed/discussed during City Council and Planning Commission workshop(s) prior to formal reading/hearing of the CFP by the City Council. (12) The City Council formally adopts LOS as part of the CFP. (13) Every year, as required by the Growth Management Act, department service providers reassess land use issues, level of service standards, and projected revenues to determine what changes, if any are needed. CURRENT FACILITIES INVENTORIES CORRECTIONAL FACILITY The Kent Correction Center is managed by the Kent Police Department. The current inventory of the Correctional Faclity totals 130 beds. The Center is located at 1201 Central in the City. An intergovernmental contract with the Federal Marshall's Office currently commits the City to provide 30 beds for Federal prisoners. The geographic location of the Correctional Facility is found on Figure 8.1. FIRE AND EMERGENCY SERVICES The Kent Fire Department is responsible for delivering fire protectiion and emergency medical services to the City, and to the geographic area within King County fire District #37.The City 'owns 4 fire stations: Station 71 (south); Station 73 (west); Station 74 (east); and Station 76 (north). Each station is equipped with one fire/aid unit which consists of a pumper truck with emergency medical service/rescue equipment and manpower, and each station has a future capacity for three units. The table below lists each station, fire/aid units in service, total capacity, and average response time: Name of Fire/Aid Units Total Capacity Location Station in Service (Bays) Station 71 1 3 South Station 73 1 3 West Station 74 1* 3 East 8-7 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CAPITAL FACIL177ES ELEMENT CHAPTER EIGHT Station 76 1 3 North *Ladder Truck King County Fire District ##37 owns three fire stations: Station 72 (Meridian), with two fire/aid units in service and capacity for three; Station 74 (Covington), with one fire/aid unit and capacity for three, and Station 77 (Kentridge), with one fire/aid unit in service and capacity for two. The geographic locations of the Fire and Emergency Services facilities are found on Figure 8.1. POLICE/FIRE TRAINING CENTER The Police/Fire Training Center is located on East Hill at 24611 116th Avenue SE. The Center, housed in an 8,000 square foot building, provides audio and visual equipment and other facilities for in-service training for City of Kent police officers and fire fighters. Instruction is conducted by Kent Police and Fire Department personnel, and by nationally known instructors from the International Association of Police Chiefs and the State Fire Service. In addition to providing a facility for training city of Kent personnel, the training center also accomodates a satelite training program sponsored by the Washington State Criminal Justice Training commission. The geographic locations of the police/fire training facilities are found on Figure 8.1. CITY ADMINISTRATIVE OFFICES - GENERAL GOVERNMENT The City of Kent Operations Department manages several facilities and buildings necessary to the administrative and maintenance funcetions of the City. These include City Hall and the City Council Chambers, leased offices in the Centennial Center, the Municipal Court facility, and City maintenance shops. The table below lists the name, location and capacity of each facility: Name Location Capacity (Square Feet) City Hall 220 4th Ave S 33,100 8-8 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT Centennial 400 W Gowe 26,460 Center(Leased) Municipal 302 W Gowe 4,251 Court (Leased) The geographic locations of the City administrative facilities are found on Figure 8.1. CITY ADMINISTRATION OFFICES - POLICE HEADQUARTERS The inventory of City administrative offices for the Police Department headquarters totals 18,000 square feet, and is located at 232 4th Avenue South in downtown Kent. The geographic location of the Police Headquarters is found on Figure 8.1. CITY MAINTENANCE FACILITIES The total area of city government maintenance facilities totals 22,558 square feet, and includes the Public Works maintenance shops (17,173 square feet) and Park and Recreation Department maintenance shops (5,385 square feet). The Police Vehicle Storage facility (3,600 square feet), which is an open, uncovered yard is not included in this inventory. The geographic location of the City Maintenance facilities is found on Figure 8.1 PARKS AND RECREATION FACILITIES The City of Kent owns and manages 128.8 acres of neighborhood park land and 779.7 acres of community park land within the current City limits. King County owns 6.1 acres. Within the unincorporated Urban Growth Area (UGA) of Kent, King county owns 807.8 acres of park land, and the City of Kent owns 7.2 acres. the Park and Recreation Department manages a wide variety of facilities located on park land, including the Senior Center, Kent Commons, Special Populations Resource Center, playfields, and trails. A detailed inventory of current parks and recreation facilities is contained in the Comprehensive Park and Recreation Plan. The geographic locations of the parks and recreational facilities are found on Figures 10.1 and 10.2 of the parks element. GOLF COURSES The inventory of current City golf courses includes the following: Kent Comprehensive Plan PC Revised Draft -December 12, 1994 8-9 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT Name Location Capacity (Holes) - Par 3 Golf 2030 W 9 Course Meeker 18 Hole Golf 2019 W 18 Course Meeker The geographic locations of the golf course facilities are found on Figure 10.1 of the parks element. SANITARY SEWER FACILITIES The sewer service area of the City of Kent encompasses 23 square miles, and includes most of the incorporated City, as well as adjacent franchise areas within incorporated King County. Since the existing collection system facilities already exist throughout the City's service area, expansion of this system will occur almost entirely by infill development, which will be accomplished primarily through developer extensions and local improvement districts. In general, the existing sewer system is sized basedon existing standards which will carry peak flows which will be generated by the service area for ultimate development. However, the City of Kent Comprehensive Sewerage Plan has identified various undersized lines, as well as others that require rehabilitiation. A complete inventory of Sanitary Sewer facilities is found in the City of Kent Comprehensive Sewerage Plan. The Municipality of Metropolitan Seattle (Metro) has assumed the responsibility for interception, treatment, and disposal of wastewater from the City of Kent and its neighboring communities. Therefore, the City does not incur any direct capacity-related capital facilities requirements or costs for sanitary sewer treatment. The voluminous inventory of current Sanitary Sewer facilities is on file with the City's Department of Public Works. The geographic locations of the sanitary sewer facilities are found on Figure 8.2. STORMWATER MANAGEMENT FACILITIES The City of Kent lies primarily within the Green River Watershed, which encompasses 480 square miles and the total drainage area of the City is 23 square miles which 8-10 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT includes most of the incorporated city, as well as the adjacent franchise areas within unincorporated King County. The eight major watershed areas include (1) Green River; (2) Lake Fenwick; (3) Midway; (4) Mill Creek (Kent); (5) Mill Creek (Auburn); (6) Mullen Slew; (7) Springbrook-Garrison Creek; (8) Star Lake. To the east, the service area boundary coincides with Soos Creek Water and Sewer District. To the north, it coincides with the mutual Kent/Renton and Kent/Tukwila City Limits. to the west, the service area boundary coincides with Des Moines Sewer District at Interstate 5. Portions of the City of Kent west of I-5 are served by Des Moines. To the south, the boundary coincides with the service area boundary of the City of Auburn and Federal Way Sewer and Water District. Conveyence systems in both the "hillside" and "valley" areas must convey at minimum the 25 year storm event. The standards include requirements to provide water quality control recommended by the "State Department of Ecology Stormwater Management Manual". The voluminous inventory of current stormwater management facilities is on file with the City's Department of Public Works. The geographic locations of the stormwater management facilities are found on Figure 8.3. WATER SUPPLY, DISTRIBUTION, AND STORAGE FACILITIES The water service area of the City encompasses 27 square miles. This area includes most of the incorporated City, as well as adjacent franchise areas within unincorporated King County. To the east, the service area boundary coincides with the boundary of Water District No. Ill and Soos Creek Sewer and Water District. To the north, the service area boundary coincides with the mutual Kent/Renton and Kent/Tukwila city limits. to the west, it coincides with Highline Water District's boundary, and to the south, the City's service area boundary coincides with the City of Auburn, and Federal Way Sewer and Water District. The principal sources of water supply for the City's water system are Kent Springs and Clark Springs. During high demand periods, the capacity of these two sources is exceeded, and suplemental well facilities are activated. These sources are adequate to meet peak day demands; however, during an extreme dry/hot spell, the City purchases water from adjacent purveyors. Water system interties are presently available with Highline Water District, Tukwila, and Renton during such emergency situations; however, these sources are not considered to be dependable for meeting lone-term demand requirements. A new open storage reservoir is proposed to be located on a site near 124th Avenue SE and SE 300th Street. The City also plans a future intertie with Tacoma's pipeline 5 project. The water distribution system exists Kent Comprehensive Plan PC Revised Draft -December 12, 1994 8-11 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT throughout most of the City's service area, expansion will take place almost entirely through infill development, which will be accomplished primarily through developer extentions. Most of the remaining projects in the City's most recent water system Plan consist primarily of water main replacements and upsizing in older portions of the system. A Comprehensive Water System Plan update is required by the Washington State Department of Social and Health Services (DSHS) every five years. The City's most recent Water System Plan (completed in 1988 and amended in 1990) has been approved by DSHS. This plan was completed in conjunction sith the Critical Water Supply Plan for the South King County area. A detailed inventory of current water system facilities, and City water rights records are on file with the City's Department of Public Works. The voluminous inventory of current stormwater management facilities is on file with the City's Department of Public Works. The geographic locations of water distribution facilities are found on Figure 8.4. TRANSPORTATION FACILITIES The City's road system current inventory consists of approximately 164 total land miles for 4 major categories of roads; 7 miles of principal arterials; 23 miles of minor arterials; 12 miles of collector arterials, and 122 miles of local roads. There are 9 bridges in Kent. Transportation networks for pedestrians include: Widened shoulder gravel paths 19.35 miles 28.31 miles Asphalt sidewalks 4.69 miles Concrete sidewalks 108.56 miles Pathways 21.01 miles The geographic locations of major transportation facilities are found on Figure 9.1 of the transportation element. 8-12 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT PUBLIC EDUCATION FACILITIES Most of Kent's residential areas are served by the Kent School District. the Renton School District serves students from an area of Kent near the north City limits, and Kent students from a section of the West Hill of Kent attend Federal Way Schools. Detailed inventories of school district capital facilities are contained in the capital facilities plan of each school district The geographic locations of schools in Kent are found on Figure 8.1. PUBLIC LIBRARY FACILITIES The City of Kent is served by the King County Library system in the Kent Library building at 212 2nd Avenue West, which was built in 1992. Detailed information regarding the King County Library System is contained in the King County Library System, The Year 2000 Plan, September 1992. The geographic location of the Kent Library building is found on Figure 8.1. Kent Comprehensive Plan PC Revised Draft -December 12, 1994 8-13 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT ANALYSIS OF IMPACTS CAPITAL COSTS 1994- 1999 Capital Facilities Plan Project Cost Statistics (In 000's) SUMMARY 1994 1995 1996 1997 1998 1999 TOTAL NON UTILITY PROJECTS TRANSPORTATION Corridors 1,982 7,511 8,877 3,734 13,529 13,163 48,796 Arterials 115 6,550 2,189 11 3,040 2,200 14,105 Intersection Improvements 265 350 150 765 Other Improvements 584 100 510 792 425 2.411 Subtotal Transportation 2,681 14,426 11,576 4,887 17,144 15,363 66,077 PUBLIC SAFETY Correctional Facility 35 105 90 230 Fire&Emergency Services 63 185 231 479 Police/Fire Training Facility 60 577 637 Police Administrative Offices 274 55 145 474 Subtotal Public Safety 95 1,019 330 145 231 1,820 Parks&Recreation Neighbrhd Park/Rec Land 100 100 200 200 600 Community Park/Rec Land 814 5,086 1,836 86 86 886 8,794 Neighborhood Rec Facilities 80 101 207 432 410 563 1,793 Community Rec Facillities 745 866 320 3,267 254 107 5,559 Golf Courses 1,000 300 200 1,500 Subtotal Parks &Recreation 1,639 7,153 2.763 4,185 750 1,756 18,246 General Govemment Facilities City Administrative Offices 400 675 200 200 200 200 1,875 City Maintenance Facilities 60 55 60 1,765 125 2,065 Subtotal General Government 400 735 255 260 1.965 325 3.940 Total Non Utility 4,815 23,333 14,924 9,332 20,003 17,675 90,082 UTILITY PROJECTS Sanitary Sewer 200 769 175 250 260 270 1,924 Stormwater Management 2,662 11,265 4,363 3,013 2,793 3,072 27,168 Water Supply&Distribution 2,344 2,264 244 1,754 1,764 1,775 10,145 Total Utility Projects 5,206 14,298 4,782 5,017 4,817 5,117 39,237 Total CIP 10,021 37,631 19,706 14,349 24,820 22.792 129.319 REVISED 11/16/94 8-14 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT FINANCING The revenue sources that are available to the City of Kent for capital facilities include taxes, fees and charges, and grants. Some sources of revenue for capital facilities can also be used for operating costs. A comprehensive list of revenue sources and a discussion of limitations on the use of each revenue source is contained in the Capital Facilities Plan. Existing City revenues are not forcast, nor are they diverted to capital expenditures from maintenance and operations. The financing plan for these capital improvements includes the revenues listed in the pie chart below. The chart lists the major categories of Capital Improvement Projects (CIP) revenue sources and the amount contributed by each source. CITY OF KENT,WASHINGTON CAPITAL FACILITIES PLAN (In 000's) Golf&Utility Fees 31,702425'6� Transportation 20,975 16.0% General CIP Revenue 9,959 7.6% Sale of Properly 4,763 3.64b LIDs 22,058 16.8% Bonds&Grants 41,82 . % REVENUES BY SOURCE 1994-1999 Total$131,292 REVISED 11/16/94 TOTAL REVENUES (in 000's) Detailed project lists and financing plans are contained in the Capital Facilities Plan. Kent Comprehensive Plan PC Revised Draft -December 12, 1994 8"I5 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT LEVEL OF SERVICE CONSEQUENCES OF THE CFP The CFP will enable the City of Kent to accomodate 15.1% growth during the next 6 years (48,144 people in 1999) while maintaining the 1993 LOS for the following public facilities: Facility LOS Units 1993 LOS CFP LOS PROPOSED Fire/Emergency Services Units/1,000 pop. 0.096 0.096 Neighborhood Rec. Facilities Investment/Capita $151.52 $151.52 Community Rec. Facilities Investment/Capita $496.26 $496.26 Sanitary Sewer Per DOE and METRO Regulations Stormwater Management Per State Regulations/King County Stds. Transportation N/A Water System Per DSHS Regulations/King County Stds The level of service for the following facilities will be increased as a result of the CFP: Facility LOS Units 1993 LOS CFP LOS PROPOSED City Maintenance Facilities Sq. Ft./1,000 pop. 539.0 625.0 The level of service for the following facilities will be reduced as a result of the CFP: Facility LOS Units 1993 LOS CFP LOS PROPOSED Correctional Facility Beds/1,000 pop. 3.11 2.70 Police/Fire Training Center Sq. Ft./Employee 32.5 28.3 City Admin. Offices Sq. Ft./1,000 pop. 1,525.0 1,325.0 - General Government City Admin. Offices Sq. Ft./1,000 pop. 430.0 396.0 - Police Headquarters Neighborhood Park/ Acres/1,000 pop. 2.59 2.53 Recreational Land Community Park/ Acres/1,000 pop. 18.80 18.19 Recreational Land Golf Courses Holes/1,000 pop. 0.65 0.56 8-16 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT CAPITAL FACILITIES GOALS AND POLICIES Goal CFP-1 - As the City of Kent continues to grow and develop, ensure that an adequate supply and range of capital facilities are available to provide satisfactory standards of public health, safety, and quality of life. Goal CFP-2 - Encourage and support patterns of growth and development which are consistent with the City's Comprehensive Plan by concentrating capital facilities spending in those areas where growth is desired. Goal CFP-3 - Define types of public facilities, establish standards for levels of service for each type of public facility, and in coordination with the Comprehensive Plan Land Use Element, determine what capital improvements are needed in order to achieve and maintain the standards for existing and future populations, and to repair or replace existing public facilities. As growth and additional development occur in the City and adjacent growth areas, consistently reassess land use, update the capital facilities data, and use these data as a basis for making financial decisions regarding capital facilities investment. Identify alternatives to spending and establish priorities. Policy CFP-3.1 - Establish and maintain definitions of terms which apply throughout this Capital Facilities Plan and related documents. Place the definitions in the introduction to the Capital Facilities Plan and update them as necessary. Policy CFP-3.2 - The capital facilities provided within the City of Kent are defined in the introduction and categorized below as A., B., and C. facilities. Establish standards for levels of service for Categories A and B public facilities, and coordinate with providers of Category C public facilities. Apply the standards for Category A and B facilities and coordinate Category C facilities as follows: (i) Category A:. Coital facilities owned or operated by the City of Kent. Apply the standards for levels of service of each type of public facility in Category A to development permits issued by the City (as set forth in the City's Concurrency Ordinance) after the adoption of the Comprehensive Plan, the City's annual budget beginning with the 1995 fiscal year, the City's Capital Improvements Program beginning with the 1995 fiscal year, and other elements of this Comprehensive Plan. Kent Comprehensive Plan PC Revised Draft -December 12, 1994 8'17 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT (ii) Category B Capital facilities owned or operated by the City of Kent but not subiect to requirements for concurrence. Apply the standards for levels of service of each type of public facility in Category B to the City's annual budget beginning with the 1995 fiscal year, the City's Capital Improvements Program beginning with the 1995 fiscal year, and other elements of this Comprehensive Plan. The standards for levels of service in Category B are for planning purposes only, and shall not apply to development permits issued by the City. (iii) Category C Capital facilities owned or operated by federal state. county, indel2endent district and private organizations. Coordinate levels of service and capacity with other entities who provide capital facilities within the City, such as libraries, Washington State Department of Transportation, school districts, and transit service providers. Policy CFP-3.3 - Provide standards for levels of service according to the following: (i) Category A Public Facilities Transportation facilities: Sanitary Sewer: State DOE and Metro Regulations Stormwater Management: State Regulations and King County Standards Water: DSHS Regulations and King County Standards (ii) Category B Public Facilities Fire and Emergency Services: 0.096 fire aid units per 1,000 population Law Enforcement: Correctional facility: 2.70 beds per 1,000 population Parks: Neighborhood Park/Recreational Land: 2.53 acres per 1,000 population Community Park/Recreational Land: 18.19 acres per 1,000 population Neighborhood Recreational Facilities: $151.52 investment per capita -, 8-18 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT Community Recreational Facilities: $496.26 investment per capita Golf Courses: 0.56 holes per 1,000 population City Administrative Offices: City Hall: 1,325 square feet per 1,000 population Police Headquarters: 396 square feet per 1,000 population City Maintenance Facilities: 625 square feet per 1,000 population City Training Facilities: Police/Fire training center: 28.3 square feet per employee Policy CFP-3.4 - Determine the needed quantity of capital improvements as follows: The quantity of capital improvements needed to eliminate existing deficiencies and to meet the needs of future growth shall be determined for each public facility by the following calculation: Q = (S x D) - I. Where Q is the quantity of capital improvements needed, S is the standard for level of service, D is the demand, such as the population, and I is the inventory of existing facilities. Use the calculation for existing demand in order to determine existing deficiencies. Use the calculation for projected demand in order to determine needs of future growth. Policy CFP-3.5 - Consider the standards for levels of service to be the exclusive determinant of need for a capital improvement except in the following circumstances: (i) Repair, remodeling, renovation, and replacement of obsolete or worn-out facilities shall be determined by the City Council upon the recommendation of the Mayor. (ii) Capital improvements that provide levels of service in excess of the standards adopted in this Comprehensive Plan may be constructed or acquired at any time as long as the following conditions are met: Kent Comprehensive Plan PC Revised Draft -December 12, 1994 8-19 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT (a) The capital improvement does not make financially infeasible any other capital improvement that is needed to achieve or maintain the standards for levels of service adopted in this Comprehensive Plan, and (b) The capital improvement does not contradict, limit, or substantially change the goals or policies of any element of this Comprehensive Plan, and (c) The capital improvement meets one of the following conditions: The excess capacity is an integral part of a capital improvement that is needed to achieve or maintain standards for levels of service (i.e., the minimum capacity of a capital project is larger than the capacity required to provide the level of service), or The excess capacity provides economies of scale making it less expensive than a comparable amount of capacity if acquired at a later date, or ... The asset acquired is land that is environmentally sensitive, or designated by the City as necessary for conservation or recreation, or The excess capacity is part of a capital project financed by general obligation bonds approved by referendum. Policy CFP-3.6 - Encourage non-capital alternatives to achieve and maintain the adopted standard for level of service. Non-capital alternatives, which use programs, strategies, or methods other than traditional "brick and mortar" capital facilities to provide the level of service standards, may include, but are not limited to the following: (1) programs that reduce or eliminate the need for the capital facility; (2) programs that provide a non-capital substitute for the capital facility; (3)programs that reduce the demand for a capital facility, or the service it provides; (4)programs that use alternative methods to provide levels of service ; (5) programs that use existing facilities more efficiently in order to reduce the need for additional facilities. Policy UP-3.7 - Include in the "CFP Projects and Financing Plan" contained in the Capital Facilities Plan any capital improvement that is determined to be needed as a result of any of the factors listed in Policy CFP-3.5. Approve all such capital improvements in the same manner as the capital improvements that 8-20 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT are determined to be needed according to the quantitative analysis described in Policy CFP-3.4. Policy CFP-3.8 - Assign relative priorities among capital improvements projects as follows: (i) Priorities Among Types of Public Facilities. Legal restrictions on the use of many revenue sources limit the extent to which types of facilities compete for priority with other types of facilities because they do not compete for the same revenues. All capital improvements that are necessary for achieving and maintaining a standard for levels of service adopted in this Comprehensive Plan are included in the financially feasible "CFP Projects and Financing Plan" contained in the Capital Facilities Plan. The relative priorities among types of public facilities (i.e., roads, sanitary sewer, etc.) were established by adjusting the standards for levels of service and the available revenues until the resulting public facilities needs became financially feasible. Repeat this process with each update of the Capital Facilities Plan, thus allowing for changes in priorities among types of public facilities. (ii) Priorities of capital improvements within a type of public facility. Evaluate and consider capital improvements within a type of public facility using the following criteria and order ofpriority. Establish the final priority of all capital facility improvements using the following criteria as general guidelines. Use any revenue source that cannot be used for a high priority facility by beginning with the highest priority for which the revenue can be expended legally. (a) Reconstruction, rehabilitation, remodeling, renovation, or replacement of obsolete or worn-out facilities that contribute to achieving or maintaining standards for levels of service adopted in this Comprehensive Plan. (b) New or expanded facilities that reduce or eliminate deficiencies in levels of service for existing demand. (c) New public facilities, and improvements to existing public facilities, that eliminate public hazards if such hazards were not otherwise eliminated by facility improvements prioritized according to (a) or (b), above. (d) New or expanded facilities that provide the adopted levels of service for new development and redevelopment during the next six fiscal years, as updated by the annual review of the Capital Facilities Plan. The City may acquire land 8-Zl Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT or right of way in advance of the need to develop a facility for new development. Ensure that the location of facilities constructed pursuant to this policy conform to the Land Use Element, and that speck project locations serve projected growth areas within the allowable land use categories. (e) Capacity of public facilities to serve anticipated new development and applicants for development permits shall be addressed in the City's concurrency ordinance. (fl Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a service or facility, or otherwise mitigate impacts of public facilities on fitmire operating budgets. (g) New facilities that exceed the adopted levels of service for new growth during the next six fiscal years by either Providing excess public facility capacity that is needed by future growth beyond the next six fiscal years, or Providing higher-quality public facilities than are contemplated in the City's normal design criteria for such facilities. (h) Facilities not described in policies (a) through (g) above, but which the City is obligated to complete, provided that such obligation is evidenced by a written agreement the City executed prior to the adoption of this Comprehensive Plan. (iii) Evaluate all facilities scheduled for construction or improvement in accordance with this policy in order to identify any plans of state or local governments or districts that affect, or will be affected by, the City's proposed capital improvement. (iv) Include in the project evaluation additional criteria that are unique to each type of public facility, as described in other elements of this Comprehensive Plan. Goal CFP-4 - To ensure financial feasibility, provide needed public facilities that the City has the ability to fund, or that the City has the authority to require others to provide. 8_22 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT Policy CFP-4.1 - In the estimated costs of all needed capital improvements, do not exceed conservative estimates of revenues from sources that are available to the City pursuant to current statutes, and which have not been rejected by referendum, if a referendum is required to enact a source of revenue. Conservative estimates need not be the most pessimistic estimate, but cannot exceed the most likely estimate. Revenues for transportation improvements or strategies must be "financial commitments" as required by the Growth Management Act. Policy CFP-4.2 - Pay for the costs of needed capital improvements in the following manner: (i) Existing development shall pay for the capital improvements that reduce or eliminate existing deficiencies and for some or all of the replacement of obsolete or worn-out facilities. Existing development may pay a portion of the cost of capital improvements needed by future development. Payments may take the form of user fees, charges for services, special assessments, and taxes. (ii) Future development shall pay its fair share of the capital improvements needed to address the impact of such development. Transportation impact fees, water, sewer, storm water infrastructure fees, and the fee in lieu of parks shall continue as established "fair share" payments. Upon completion of construction, "future"development becomes "existing"development and shall pay the costs of the replacement of obsolete or worn-out facilities as described above. Payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, mitigation payments, impact fees, capacity fees, dedications of land,provision of public facilities, public/private partnerships, voluntary funding agreements, future payments of user fees, charges for services, special assessments, and taxes. Future development shall not pay impact fees for the portion of any public facility that reduces or eliminates existing deficiencies. (iii) Both existing and future development may have part of their costs paid by grants, entitlements, or public facilities from other levels of government and independent districts. Policy CFP-4.3 - Finance capital improvements and manage debt as follows: (i) Finance capital improvements from City enterprise funds by: Kent Comprehensive Plan PC Revised Draft -December 12, 1994 8-23 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT (a) Debt to be repaid by user fees and charges andlor connection or capacity fees for enterprise services, or (b) Current assets (i.e., reserves, equity or surpluses, and current revenue, including grants, loans, donations and interlocal agreements), or (c) A combination of debt and current assets. (ii) Finance capital improvements by non-enterprise funds from either current assets (i.e., current revenue, fund equity and reserves), debt, or a combination thereof. Consider in the financing decisions which funding source (current assets, debt, or both) will be a) most cost effective, b) consistent with prudent asset and liability management, c) appropriate to the useful life of the project(s) to be financed, and d) the most efficient use of the City's ability to borrow funds. (iii) Do not use debt financing to provide more capacity than is needed within the "CFP Projects and Financing Plan"for non-enterprise public facilities unless one of the conditions of Policy CFP- 3.5(ii)(c) is met. Policy CFP-4.4 - Do not provide a public facility, nor accept the provision of a public facility by others, if the Ciry or other provider is unable to pay for any planned subsequent annual operating and maintenance costs of the facility. Policy CFP-4.5 - In the event that sources of revenue listed in the "CFP Projects and Financing Plan" require voter approval in a local referendum that has not been held, and a referendum is not held, or is held and is not successful, revise this Comprehensive Plan at the next annual amendment to adjust for the lack of such revenues, in any of the following ways: (i) Reduce the level of service for one or more public facilities; (ii) Increase the use of other sources of revenue; (iii) Decrease the cost, and therefore the quality of some types of public facilities while retaining the quantity of the facilities that is inherent in the standard for level of service; (iv) Decrease the demand for and subsequent use of capital facilities; (v) A combination of the above alternatives. 8-24 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT Policy CFP-4.6 - Condition all development permits issued by the City which require capital improvements that will be financed by sources of revenue which have not been approved or implemented (such as future debt requiring referenda) on the approval or implementation of the indicated revenue sources, or the substitution of a comparable amount of revenue from existing sources. Goal CFP-5 - Provide adequate public facilities by constructing needed capital improvements which (1) repair or replace obsolete or worn-out facilities, (2) eliminate existing deficiencies, and (3) meet the needs of future development and redevelopment caused by previously-issued and new development permits. The City's ability to provide needed improvements will be demonstrated by maintaining a financially feasible "CFP Projects and Financing Plan" in the Capital Facilities Plan. Policy CFP-5.1 - Provide, or arrange for others to provide, the capital improvements listed in the "CFP Projects and Financing Plan" portion of the Capital Facilities Plan. The capital improvements projects may be modified as follows: (i) Pursuant to the Growth Management Act, the "CFP Projects and Financing Plan" may be amended one time during any calendar year. Coordinate the annual update with the annual budget - process. (ii) The "CFP Projects and Financing Plan" may be adjusted by ordinance not deemed to be an amendment to the Comprehensive Plan for corrections, updates, and modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the plan; or the date of construction (so long as it is completed within the 6-year period) of any facility enumerated in the "CFP Projects and Financing Plan. " (iii) Any act, or failure to act, that causes any project listed in the "CFP Projects and Financing Plan" of this Comprehensive Plan to be scheduled for completion in a fiscal year later than the fiscal year indicated in the "CFP Projects and Financing Plan" shall be effective only if the act causing the delay is subject to one of the following: (a) Accelerate within, or add to the "CFP Projects and Financing Plan" those projects providing capacity equal to, or greater than the delayed project, in order to provide capacity of public facilities in the fiscal year at least equal to the capacity scheduled prior to the act which delayed the subject project. Kent Comprehensive Plan PC Revised Draft -December 12, 1994 8-25 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT (b) For those projects which are subject to concurrency requirements and which are authorized by development permits which were issued conditionally subject to the concurrent availability of public facility capacity provided by the delayed project, restrict them to the allowable amount and schedule of development which can be provided without the incomplete project. (c) Amend the Comprehensive Plan (during the allowable annual amendment) to temporarily reduce the adopted standard for the level of service for public facilities until the fiscal year in which the delayed project is scheduled to be completed. Policy CFP-5.2 - Include in the capital appropriations of the City's annual budget all the capital improvements projects listed in the "CFP Projects and Financing Plan"for expenditure during the appropriate fiscal year, except that the City may omit from its annual budget any capital improvements for which a binding agreement has been executed with another parry to provide the same project in the same fiscal year. Also include in the capital appropriations of its annual budget additional public facility projects that conform to Policy CFP- 3.5(ii) and Policy CFP-3.8(ii)(fl. Policy CFP-5.3 - Adopt a concurrency ordinance to ensure that adequate - facilities, as determined by the City, are available to serve new growth and development. Policy CFP-5.4 - Determine the availability of public facilities by verifying that the City has in place binding financial commitments to complete the necessary public facilities or strategies within six years, provided that: (i) The six-year "CFP Projects and Financing Plan" is financially feasible. (ii) The City uses a realistic,financially feasible funding system based on revenue sources available according to laws adopted at the time the CFP is adopted. (iii) The six-year "CFP Projects and Financing Plan" in this Comprehensive Plan demonstrates that the actual construction of the roads and mass transit facilities are scheduled to commence in or before the fourth year of the six-year "CFP Projects and Financing Plan. " (iv) The six-year "CFP Projects and Financing Plan" includes both necessary facilities to maintain the adopted level-of-service 8-26 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT standards to serve the new development proposed to be permitted and the necessary facilities required to eliminate existing deficiencies. Goal CFP-6 - Provide adequate public facilities to urban growth areas. Policy CFP-6.1 - Ensure levels of service for public facilities in the urban growth area are consistent, and where possible, identical for the City of Kent and the unincorporated portion of the Kent Urban Growth Area (see Policy CFP-3.3). Policy CFP-6.2 - Declare the primary providers of public facilities and services in the unincorporated portion of the Kent Urban Growth Area to be: Public Facility Before Annexation After Annexation a. Fire Protection and Districts City of Kent emergency medical services b. Law Enforcement King County City of Kent c. Library Library District Library District d. Parks & Recreation King County City of Kent e. Local roads, sidewalks, King County City of Kent lighting f. State roads Washington State Washington State g. Sanity sewer Districts City of Kent h. Schools Districts Districts i. Solid waste disposal King County King County j. Storm Water King County City of Kent k. Transit King County King County 1. Water Districts City of Kent m. General government King County City of Kent offices Policy CFP-6.3 - Make providers of public facilities responsible for paying for their facilities. Providers may use sources of revenue that require users of facilities to pay for a portion of the cost of the facilities. As provided by law, some providers may require new development to pay impact fees and/or mitigation payments for a portion of the cost of public facilities. (i) Use Policy CFP-4.2 as the guideline for assigning responsibility for paying for public facilities in the Kent Urban Growth Area. (ii) Coordinate with King County and other providers of public facilities regarding collection of fees from development in their Kent Comprehensive Plan PC Revised Draft -December 12, 1994 8-27 CAPITAL FACILITIES ELEMENT CHAPTER EIGHT respective jurisdictions for impacts on public facilities in other jurisdictions. Policy CFP-6.4 - When possible, enter into agreements with King County and other providers of public facilities to coordinate planning for and development of the Kent Urban Growth Area, including implementation and enforcement of Policies CFP-6.1 - 6.3. Goal CFP-7 - Implement the Capital Facilities Plan in a manner that coordinates and is consistent with the plans and policies of other elements of the City Comprehensive Plan, Countywide Planning Policies, the Growth Management Act of the State of Washington, and, where possible, the plans and policies of other regional entities, adjacent counties, and municipalities. Policy CFP-7.1 - Manage the land development process to ensure that all development receives public facility levels of service equal to, or greater than the standards adopted in Policy CFP-3.3 by implementing the "CFP Projects and Financing Plan" contained in the Capital Facilities Plan, and by using the fiscal resources provided for in Goal CFP-4 and its supporting policies. (i) Ensure that all Category A and B public facility capital improvements are consistent for planning purposes with the adopted land use map and the goals and policies of other elements of this Comprehensive Plan. Ensure that the location of, and level of service provided by projects in the "CFP Projects and Financing Plan" maintain adopted standards for levels of service for existing and future development in a manner and location consistent with the Land Use Element of this Comprehensive Plan. (ii) Integrate the City's land use planning and decisions with its planning and decisions for public facility capital improvements by developing, adopting, and using the programs listed in the "Implementation Programs" section of the Capital Facilities Plan. (Note: Plans to implement the Comprehensive Plan elements, including a proposed concurrency ordinance, will be presented to the Planning Commission at a later date.) Policy CFP-7.2 - Ensure that implementation of the Capital Facilities Plan is consistent with the requirements of the adopted Countywide Planning Policies. 8-28 Kent Comprehensive Plan PC Revised Draft -December 12, 1994 CHAPTER EIGHT CAPITAL FACILITIES ELEMENT Goal CFP-8 - The City shall participate in a cooperative inteijurisdictional process to determine siting of essential public facilities of a county-wide, regional, or state-wide nature. Policy CFP-8.1 - Proposals for siting essential public facilities within the City of Kent or within the City's growth boundary shall be reviewed for consistency with the City's Comprehensive plan during the initial stages of the proposal process. Policy CFP-8.2 - When warranted by the special character of the essential facility, the City shall apply the regulations and criteria of Kent Zoning Code Section 15.04.200, Special use combining district, to applications for siting such facilities to insure adequate review, including public participation. Conditions of appproval, including design conditions, conditions, shall be imposed upon such uses in the interest of the welfare of the City and and the protection of the environment. Policy CFP-8.3 - In the principally permitted or conditional use sections of the zoning code, the City shall establish, as appropriate, locations and development standards for essential public facilities which do not warrant consideration through the special use combining district regulations. Such facilities shall include but not be limited to small inpatient facilities and group homes. Goal CFP-9 - The City shall participate in a cooperative interjurisdictional process to resolve issues of mitigation for any disproportionate financial burden which may fall on the jurisdiction which becomes the site of a facility of a state-wide, regional or county- wide nature. Kent Comprehensive Plan PC Revised Draft - December 12, 1994 8-29 CHAPTER NINE TRANSPORTATION ELEMENT CHAPTER NINE EX H I B I T.L TRANSPORTATION ELEMENT INTRODUCTION The Growth Management Act (GMA) mandates that transportation planning is linked directly to land use decisions and to the financial structure of the city. The legislation further requires each city and county planning under GMA to incorporate a concurrency management system into their comprehensive plan. Such a system provides a policy procedure designed to enable the jurisdiction to determine whether adequate public facilities are available to serve new developments at the time development occurs. The transportation plan must include an action plan for bringing into compliance any existing facilities or services that are below established level-of-service (LOS) standards and for providing for expansion of facilities and services to meet future need at established LOS standards. The strategy must be financially sound; planned improvements must be financially feasible and committed for implementation within six years. The future land use plan must be consistent with this action plan; future growth should not cause facilities to fall below the established LOS standards. Lastly, the action strategy must be consistent with the six-year transportation improvement programs adopted by the City, the King County Department of Metropolitan Services (Metro), and the Washington State Department of Transportation (WSDOT). If the surrounding land use density is appropriate, jurisdictions have the option to allow capacity to be provided through transit or high-occupancy-vehicle facilities. Other facilities for movement of nonmotorized users and goods also need to be considered. Changes in federal funding of transportation programs at the state and regional level, which funds then are apportioned to the local level, introduce the need to comply with regional air quality goals, in addition to basic goals for transportation capacity. KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 9-1 TRANSPORTATION ELEMENT CHAPTER NINE The overall guiding goal of the Transportation Element of the Comprehensive Plan for the City of Kent is to: Provide for a balanced multimodal transportation system which will support land use patterns and adequately serve existing and future residential and employment growth within the potential annexation area. Transportation issues are among the top concerns for Kent residents. Much of this is related to the congestion on cross-valley corridors and on SR 167. Population growth in Kent has been about 5.2 percent annually over the last ten years (based on 1980 and 1990 census figures). Cities and unincorporated areas around Kent grew at similar rates over the same period, resulting in significant increases in traffic and associated vehicular air pollution. The purpose of the transportation plan is to guide the development and improvement of the City's circulation system. In support of the GMA, the policies in this element address problems such as congestion and travel-time delays, traffic impacts on residential areas, parking, and the improvement of transit, pedestrian, and other nonmotorized facilities. The policies will be used to guide transportation planning within the city. The City of Kent is also part of the Puget Sound region; as such, it is subject to compliance with the regional planning efforts coordinated by the Puget Sound Regional Council (PSRC). This agency oversees not only land use and transportation, but also considers compliance with air quality standards as they interrelate with land use and transportation. Under the Growth Management Act and other legislation, Kent is required to coordinate its efforts with those of adjoining jurisdictions and other agencies to ensure that plans are compatible and consistent. In order to meet the requirements of the federal Clean Air Act and Amendments, the air quality provisions of the Intermodal Surface Transportation Efficiency Act (ISTEA), the Clean Air Washington Act and other relevant legislation, Kent will commit to work with the PSRC, the WSDOT, transit agencies, and other jurisdictions in the development of transportation control measures and other transportation and air quality programs where warranted. The transportation plan focuses on transportation improvements that are required by the year 2020. The Growth Management Act requires the plan to address conditions through 2020. However, the City is concerned over conditions in the midterm, so an analysis of 2010 conditions is included as well. State and regional legislation and policies lay a solid foundation for this approach. Land use plans must minimize low-density sprawl, and provide a more concentrated and planned land use pattern to be served more 9-2 KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT efficiently by transportation systems and services. The land use plan is a critical tool in creating an environment in which transit, ridesharing, and nonmotorized travel modes can serve travel demand in an attractive, efficient, and cost-effective manner. Land use and transportation planning must be integrated closely and conducted on both regional and local levels in order to find better, long-range solutions for mobility. TRANSPORTATION TRENDS There is one solid transportation trend within the region: automobile traffic is increasing. Information compiled by the PSRC shows that during the 1981-1991 period, vehicle miles of travel increased 82 percent region-wide, while employment increased 35 percent and population increased about 20 percent. The vehicle miles travelled increased four times faster than the population increased! There are a variety of reasons for this increase. There are now more people commuting within the region, and auto ownership per household is at an all-time high. In addition, the location of employment and housing impacts the length and variety of trips made. New housing development is occurring on vacant land in outlying parts of the metropolitan area rather than on land closer to traditional urban centers. Employment centers also are relocating to suburban areas. The general increase in standard of living in the region increases traffic because as the standard of living increases, car ownership and trip-making also increase. In addition, the average length of trips is increasing. The cumulative effect of all of these factors is more cars on the road travelling more miles, and increasing traffic congestion. Kent's history is primarily as a farming community. Transportation systems were based on movement of crops to market, via truck and rail. In the 1950's, there was a shift away from rail toward automobile and truck transportation. The completion of the Howard Hanson Dam in 1961 allowed flooding of the Green River to be controlled. This in turn encouraged developers to convert farmland to urban and industrial uses. The creation of the Boeing Aerospace Center in 1965 is a primary example. Interstate 5 was completed in 1966, 1-405 in 1967, and SR 167 in 1969. Other state highways (SR 181, 515 and 516) augmented and replaced the rail system. This road system was developed to provide a regional network allowing access around Lake Washington and to serve the Kent industrial area. During this period, land uses shifted KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 9-3 TRANSPORTATION ELEMENT CHAPTER NINE away from agriculture, and the transportation demand shifted from exporting raw materials to importing a major work force. Kent is home to 42,000 residents (1993 City estimates) as well as 46,520 jobs. This is an increase from 22,961 residents in 1980. In addition, about 42,000 people live in unincorporated areas surrounding the city. These people create much of the local traffic on the city's arterial system each day. In addition to being affected by local traffic, Kent is affected by regional traffic. Traffic from south King County and northern Pierce County passes through Kent to destinations in the north. Because of Kent's central location, over one-half of the traffic passing through the City each day has neither an origin nor destination in the City. This regional, "pass-through" traffic often clogs up the local transportation system. When the regional transportation system is congested, local traffic trying to enter the freeways frequently gets backed up onto the local arterials, creating local congestion. In addition, regional commuters looking for a path of least resistance through the area often resort to using the City's already-crowded arterial streets; and local travellers may resort to using neighborhood streets. As a result, when the regional system is congested, local circulation also suffers. Traffic congestion occurs at various locations within the city; however, certain areas experience severe congestion. These highly-congested areas are located primarily near freeway interchanges and employment activity centers. Because of their location near regional freeways and high levels of employment, the central and valley portions of the City experience most of the traffic congestion. Another cause for congestion is the at- grade railroad crossings. Traffic can be backed up for considerable distances due to 5- minute-long closures of the crossings during peak periods. Kent's street system is most crowded in the early morning hours and mid- to late-afternoon when commuters are travelling between their jobs and home. Job-related commuting places a heavy strain on the transportation system in Kent because the city is an employment center. Over 46,000 people work in the city each day. More than 30 percent (about 14,100) work for the 27 employers affected by the City's commute trip reduction ordinance. These include the largest employers, such as Boeing and Heath Tecna. Traffic can become extremely congested around the employment centers, especially the larger ones, when workdays begin or end. 9-4 KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT Most commuters within Kent still use single-occupant vehicles for their trip to work. Baseline estimates for Commute Trip Reduction planning from the PSRC indicate that only about 15 percent of the employees with the major employers in Kent use transit or carpooling to commute to work. Even fewer people use these alternative modes of transportation for other trips such as shopping. A recent survey of 600 residents showed that almost 80 percent of those who commute use single-occupant vehicles, while 12 percent carpool, 5 percent vanpool, and 5.8 percent use transit. Metro currently provides both local and regional bus service in Kent. Regional bus service is available at two park-and-ride facilities within the city (Kent-Des Moines Road at I-5, and Lincoln at James), and via some peak-period, commuter routes which serve neighborhood centers. Dial-a-ride service also is available on weekdays and during limited hours on weekends. At this time, the City is conducting a detailed study of transit service and is developing recommendations for service changes. The Regional Transit Authority (RTA) is in the process of finalizing implementation phasing and funding plans, which also will directly affect Kent. Under all of the RTA alternatives, the south King County commuter rail line is included as an implementation activity. This service could be in operation two years after a public vote on funding is approved. ANALYSIS OF FACILITY NEEDS The modelling effort conducted for this transportation plan identified some interesting trends in travel demand that are tied to land use in Kent. This analysis was based on 1991 data and 2010 forecasts, unless otherwise noted. Of the total daily travel demand in the City, about 33 percent is travel within the City. By 2010, this will change to about 34 percent of all daily travel. The total volume of travel will increase by about 30 percent (508,800 daily trips in 1991; 713,900 in 2010). The actual number of internal trips are expected to increase by 45 percent (167,300 versus 242,100). The East Hill area has the greatest number of productions and attractions in Kent (77,600 daily trips). Nearly 40 percent of trips through East Hill (202,200 daily trips) are internal to East Hill. KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 9-5 TRANSPORTATION ELEMENT CHAPTER NINE About 54 percent of total trips to/from the downtown core have the other trip-end in Kent (89,500 daily trips). About 80 percent of trips internal to Kent (167,300 daily trips) do not have a trip- end in the downtown. About 26 percent of all trips internal to Kent (167,300 daily trips) are related to the north industrial subarea. About 60 percent of the total daily travel to the north industrial subarea (155,800 daily trips) is from outside Kent. Travel between East Hill and West Hill is minimal, and the future demand through 2010 is not anticipated to increase significantly (1,400 daily trips). Daily travel between Kent and other nearby Puget Sound cities does not significantly favor one destination over another. In light of these and other trends, as well as of the regulatory requirements at the state and federal level, development of this transportation element required examination of a number of issues. Links Between Land Use and Transportation: The Growth Management Act requires the land use and transportation systems to grow in tandem, so that transportation facilities are in place to serve the needs of new development. The transportation system should be designed to provide adequate capacity for all modes, not just for single-occupant autos. Traffic Congestion and Use of High-Occupancy Vehicles: Due to limited funding and continuing concern for the environment, few new roads will be built. The current and future challenge is to better manage the existing system and to reduce traffic demand as much as possible by encouraging the use of alternatives to single-occupant vehicles. Displaced Regional Traffic on Local Streets: Continuing to accommodate high volumes of "pass-through" traffic now is being questioned by business leaders and 9-6 KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 1Z 1994 CHAPTER NINE TRANSPORTATION ELEMENT residents of the downtown and centrally-located neighborhoods. Protecting neighborhoods from the impacts of regional and city-wide traffic is desirable. Improvements to the Street System: The designation and improvement of an arterial street system which can adequately serve land uses in the City continues to be an important issue. The design and appearance of transportation facilities and their potential impact on residential and commercial areas should be considered. Improvements to the road system need to be made in a way which will encourage pedestrian activity and improve the quality of neighborhoods. Transit: The lack of convenient bus service from residential areas to the downtown and employment centers is an important issue. Buses provide limited routes between residential neighborhoods and the downtown and link downtown to the major regional centers such as Bellevue and Seattle. Major employment centers are not adequately served at this time. In addition, the routing, frequency, and length of trips often make bus transportation inconvenient. Parking: Adequate to excessive parking is available in most areas of the City. In the downtown, however, parking is more limited. There is a perception on the part of some businesses and citizens that parking is in short supply in the downtown area. Bicycle and Pedestrian Trails: Many areas of the City are not served adequately by either bicycle trails or pedestrian walkways. Existing bike trails run predominantly north-south, and streets which are designated for bicycle use often are not maintained for safe operation of a bicycle. Some areas have a sidewalk network, while other areas have few or no sidewalks. In examining the vision developed by the City through the Community Forum and Visual Preference Survey and the possible transportation outcomes, the following are the possible scenarios for the future: Traffic Congestion and Use of High-Occupancy Vehicles: Four general scenarios can be projected for future traffic conditions in Kent. Congestion could worsen on the existing system; KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December IZ 1994 9-7 TRANSPORTATION ELEMENT CHAPTER NINE New roads could be built and existing roadways improved; A new transit system (bus or rail) could absorb a large number of trips, but congestion would continue on existing roadways; Travel demand could be reduced. In reality, all of these scenarios may occur to some degree. However, it is clear that funding and environmental considerations will limit the state's and City's ability to expand the road system and Metro's ability to provide transit. To prevent overwhelming congestion from occurring, an emphasis should be placed on increasing the efficiency of the existing system. Displaced Regional Traffic on Local Streets: The most feasible way to address this problem is through a combination of neighborhood protection policies and strong incentives supporting HOV alternatives on the arterial system. The City also needs to work with other jurisdictions on regional transportation issues. Improvements to the Street System: Changes in the street system most likely will occur as small improvements to existing streets rather than as the creation of new roadways or major expansions of the arterial network, with the exception of the three new arterials currently under study. These changes increasingly will be a product of public/private partnerships paid by impact fees or other mechanisms allowed by law. Land Use Pattern: Changes in land use patterns will aim to reduce dependence on single-occupant vehicles and to encourage pedestrians, bicycles, and transit use. Transit: Transit may provide the greatest potential change in the Kent transporta- tion system. If a regional high-capacity transit system becomes reality, Kent will need to accommodate a possible commuter rail stop near downtown and bus facilities serving the major residential and employment centers. Parking: As the City seeks ways to support transit and HOV use, the ratio of building area to parking spaces provided in buildings will come under scrutiny. Similarly, as land becomes more intensively developed, large surface parking lots 9-8 KENT COMPREHENSIVE PLAN PC REVISED DRAFT -December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT will become less desirable. Alternatives such as shared parking facilities and - structured parking will become realistic as development density increases. Bicycle and Pedestrian Trails: In the future, bicycling and walking to work may become more realistic alternatives for more people. The Green River and Interurban trails provide a safe, well-used commuting route. Expansion of the existing bike and trail systems, especially for east-west travel and north-south travel outside of the valley floor, will make these modes of transportation more convenient, while congestion on the road system will make them more attractive. Land Use Assumptions Population and employment projections were refined by the City's Planning Department, based on PSRC forecasts which were derived from state-wide projections by the Office of Financial Management. Three land use plan alternatives were developed in conjunction with the refined population and employment forecast; these alternatives were used as the basis for calculating trip generation in the transportation model. The model was run using estimated levels of local land use for the years 2010 and 2020 to determine estimated traffic volumes on local roadways and places where improvements are warranted. The three land use alternatives and the results of this analysis are described in the City's Draft Environmental Impact Statement. Existing Inventory and Service Needs The City's transportation resources include about 185 miles of roadway classified as local access or higher and 144 miles of bicycle and pedestrian facilities (excluding sidewalks). Transit service, provided by Metro, includes peak-period, Seattle-oriented commuter routes and some all-day local service throughout south King County. Residents interviewed through various means during the comprehensive planning process all agree that transportation congestion and improvements to transit service should be high priorities in the Kent of the future (See Figure 9.1). The traffic model which was developed using current (1991) land use levels and calibrated to 1991 traffic volumes, showed some significant deficiencies in the SR 516 corridor on East Hill, on Military Road throughout the city, S 212th/SE 208th street, 108th Ave SE in the northern section of the city, James/240th immediately east of downtown, West Valley Road south of downtown, Meeker between SR 516 and SR 167, and virtually all state highway links. KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 9-9 TRANSPORTATION ELEMENT CHAPTER NINE The GMA requires the City to establish service levels for transportation and to provide a means for correcting current deficiencies and meeting future needs. Transportation planners and engineers use the term "level of service," or LOS, to describe availability of a given transportation facility. Generally, LOS is defined relative to demand and capacity; however, average vehicular delay also can be used. The City is proposing a flexible LOS standard for roads, which tolerates higher levels of congestion in the more urbanized area. In residential areas, a better LOS would be considered acceptable; in rural areas, an even higher standard would be required. LOS would be determined using volume-to-capacity ratios determined through modelling efforts. The currently-adopted 6-year Transportation Improvement Plan, along with several additions, are proposed to meet the requirement to correct current deficiencies. Forecast of Traffic Based on Land Use Assumptions The calibrated traffic model was applied to the three land use scenarios which were developed. The number of intersections and roadway links that approach congested levels was tallied, and a qualitative assessment of the severity of anticipated congestion was made for each alternative. The vehicle miles travelled and the vehicle hours travelled do not vary appreciably among the alternatives. The number of intersections and links at Volume/Capacity (V/C) ratios over 0.70 also does not vary appreciably among alternatives. In some cases, the severity of the impact is greater with one alternative than with another; however, the level of accuracy provided by the model can identify order- of-magnitude impacts but cannot provide a detailed capacity analysis. Development of Level of Service Standards Level of service (LOS) is a qualitative estimate of the performance efficiency of transportation facilities in a community. These LOS standards can be based on many measures, including traffic congestion. LOS standards for traffic congestion have been developed and revised over the years by the Transportation Research Board (TRB). One of the TRB systems uses volume on a road and capacity of the road to define a ratio, called a V/C ratio, which can be classified by degree of congestion. The classifications range from A (the best) to F (the worst). 9-10 KENT COMPREHENSIVE PLAN PC REVISED DRAFT -December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT LOS A - Low volume, high speeds, no delay. High freedom to select desired speed and maneuver within traffic stream. LOS B - Stable flow with reasonable freedom to select speed. LOS C - Stable flow, but speed and maneuverability are affected by the presence of others and require care on the part of the driver. LOS D - Approaches unstable flow. Speed and maneuverability are severely restricted. Small additions to traffic flow generally will cause operational problems. LOS E - Represents operating conditions at or near the capacity of the highway. Low speeds. Freedom to maneuver is extremely difficult. Any incident can cause extensive queuing. LOS F - Represents forced-flow operation at very low speeds. Operations are characterized by stop-and-go traffic. Vehicles may progress at reasonable speeds for several hundred feet or more, then be required to stop. Similar LOS classifications have been developed for intersections; they use volume, capacity, and signal phasing to determine average delay at the intersection, and thus a level of service. LOS formulas for pedestrian and transit service also have been developed. However, there is much debate on how effective they are in assessing situations in smaller cities and suburban settings. Under the Growth Management Act, cities and counties are required to adopt LOS standards to determine when growth has consumed available capacity for public services. LOS is the basis for determining whether there is sufficient capacity for development and for analyzing the operating efficiency of transportation facilities. The GMA requires that land use and transportation planning be coordinated so that transportation capacity exists at the time development occurs (or within 6 years). The law is not explicit about how the standards should be developed or applied. To ensure regional consistency in transportation LOS, the county-wide Growth Management Planning Council developed a 12-point framework for developing LOS standards in King County. The LOS standards proposed for Kent follow this framework by including separate standards for different transportation modes, including KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 9-11 TRANSPORTATION ELEMENT CHAPTER NINE nonmotorized modes. This is in keeping with the adopted commute trip reduction ordinance, air quality legislation, and policies which support SOV mode reductions. The City is proposing a desirable level of transit service; however, it is not being treated as a standard. Metro's proposed service for south King County already has been defined to some extent as part of the Regional Transit Plan (RTP), and it is being revisited as part of Metro's six-year planning process. By adopting an LOS standard when the supply is provided by another agency, such as Metro or Washington State, the City either may be obligating itself to pay for additional service or may be required to deny development if such service is not in place. However, the City is including demand-side performance requirements to promote an environment that is supportive of transit and nonmotorized travel. Under the county-wide framework, the PSRC is charged with developing LOS standards for regional facilities, including state highways. These roads are an integral part of the regional transportation network; however, many are currently at or near capacity. In the case of some facilities, such as I-5, the cost of adding new vehicular capacity is prohibitive. Kent acknowledges the importance of state highways in the regional system and has defined a desirable LOS. However, adopting a standard for state-controlled facilities limits the ability of the City to approve new development if state facilities, which are beyond the City's control, are inadequate. Definition of LOS Standards for Kent For the purpose of the Kent LOS standard, 22 subareas of the city were defined. The capacities of each of the arterials crossing the boundary of the zone can be totalled to produce a directional capacity. Similarly, the traffic volumes crossing the boundaries can be totalled by direction. Kent's proposed method of determining arterial LOS standards represents a combination of two methods of estimation and is tied to land use. The proposed measure uses volumes and capacities at the boundary of each zone, with acceptable V/C ratios assigned to each zone. Areas where the land use plan directs intensive growth, for example, the downtown, would have acceptable V/Cs that are high, while areas such as the Soos Creek plateau would have a lower threshold of acceptability. In addition, several intersections and critical road links have been identified in most every zone as a way to confirm LOS at key locations. Some of these intersections and road segments are on the 9-12 KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT boundaries, which will allow a more refined estimate of volume and capacity than the model would present across the entire boundary. In establishing a standard for each zone in the City, the general focus of future land use - - where activity centers are proposed and where low-density uses are located -- needs to be compared to information generated by the traffic model. As growth occurs, the land use levels in the traffic model need to be updated. The assumption was made, similar to King County and other cities, that high levels of congestion are acceptable in the Central Business District, and possibly in other major activity centers, but that lower levels of service (high V/C ratios) are not acceptable in residential areas and low-density commercial areas. Table 9.1 shows the V/C ratios associated with each LOS for the purpose of this analysis. For planning purposes, the actual V/C for each boundary was not calculated, but was estimated based on reviewing the existing and projected V/C ratios in excess of 0.70, whether the total boundary fell in the <0.7, <0.8, or <0.9 category. Table 9.1 LOS DEFINITION LQS V/C RATIO A 0.01-0.60 B 0.61-0.70 C 0.71-0.80 D 0.81-0.90 E 0.91-0.98 F 0.99+ Table 9.2 presents the existing (1991) zone levels of service for the 22 zones in Kent. It was developed using existing land uses and modelled traffic volumes for the mixed-use alternative in the year 2010, assuming that the improvements adopted in the 1993-1999 transportation improvement program (TIP) are funded and completed. A second scenario assumes the current TIP and the proposed east legs of both the 224th/228th corridor and the 196th/200th corridor are built (See also Figure 9.2). KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 9-13 TRANSPORTATION ELEMENT CHAPTER NINE As a supplement to the zonal LOS system, the City has identified control intersections and roads in each zone, which also must be at or below the LOS standard for the zone. Concurrency would be proven using the appropriate Highway Capacity Manual techniques which are current at the time of analysis. Nonmotorized and Transit LOS There are two additional components of the LOS standard: transit and nonmotorized service. The proposed transit service standards are tentative, as the City is working with Metro to implement a transit strategy for Kent. The transit standard considered the arterial structure of the city and land use forecasts to determine whether each zone has a need for fixed-route arterial transit service. Generally it was found that areas that are primarily low-density residential would be best served by peak-period commuter-oriented service and off-peak dial-a-ride service. Areas that are defined as activity centers should have frequent all-day service, and areas such as downtown Kent should fill a role as a transit hub. Nonmotorized service standards also are tied to the types of roadways and land uses in the zones. An examination of the existing road system and proposed new roadways, as related to land uses and densities, helped guide the estimates. Where environmental or topographical constraints do not prohibit such activity, land use standards for new development of larger multitenant sites, either residential or commercial, are encouraged to provide linkages for nonmotorized travel between adjacent sites. The City is developing an inventory of existing sidewalks. While the sidewalk network in downtown appears to be complete, sidewalks in the industrial area north of the CBD and in commercial centers such as East and West Hills are lacking coordination. An initial priority should be to develop sidewalks that would serve as safe walking routes in the vicinity of schools, parks, and playgrounds. Identification of Service Needs Rail Crossings - One of the most significant problems with downtown circulation is the problem created by the at-grade railroad crossings on the east-west arterials. Currently, James, Smith, Titus, and SR 516 (Willis) cross the tracks at grade. Other east-west 9-14 KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT arterials, such as 212th and 277th Streets also are affected. Traffic backs up on these arterials, and intersections may or may not remain clear for north-south traffic to pass. Traffic signal cycles are not tied to the crossings and can compound delays and congestion by making east-west traffic queue through several cycles after the train has cleared. Burlington Northern estimates about 40-50 trains per day use the tracks, including a variable number of trains in the 4-6 PM peak period. Union Pacific estimates their track utilization at 10-20 trains per day. This could increase by as many as 20 trains per day and 10 per peak period as a result of the proposed commuter rail operation. Problems associated with railroad grade crossings could be exacerbated with the implementation of commuter rail. KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 9-15 TRANSPORTATION ELEMENT CHAPTER NINE ID o N vi oo N vi tV oo c1 P+ �' v N [� .-• c% CN N V o0 .�• t� N to V1 m V m V1 V apE d O 8 J ti O + + U p" + + + + + + N + + + + + + t` vl r N a, � I oo N ` Y1 '� b V I I a I O oo P. 4i. rX N am-. V r V1 V) Q N 00 00 r r oo vl O II F U Q Q a o CO o 0 0 0 0 0 ¢ o Q c CD vi vi vi � � o � vi o o � � � � � m E m O u O O c oo a oo x cN r CN 00 0 00 00 0o co 0o 8 b � U " + o p., 0o r r r r 00 r 0c r 00 r r r r 00 � r r r r r r o 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 0 N V V V -H V AV AV V AA V V V V V V V V V V s e a U b 9 9 w ' o f oo r r r r oo r 0o r 00 0o r r r 0o r r r r r r r o N o 0 0 0 0 0 0 0 0 o C o c o 0 0 0 o c o 0 0 -9 N W V V A. +H V A V A V V A A V V V V V V V V V V Q � U d I Q > Q a o0 00 r r r 00 t, 00 r r r r r r 00 r r r r r r z tv o 0 0 0 0 0 o c c o 0 0 0 0 0 0 0 0 o c o o � V V -H -H H A V n V V n V V V V V V V V V V V s z � -cc -cc p .0 b y p -cc A O A a A a k Q � U � � � � � x � � ] � ] � �:) �:) U W a a a a a x x x = a x 9 g. O A x b 0 N A y 0a e x x xEl a Q a A a x x Z y r o0 0 0 V Vl `G r DD N .-. .-� N N N a N _ 9-16 KENT COMPREHENSIVE PLAN PC REVISED DRAFT -December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT Proposals to create grade separation at one or more of these intersections and to provide crossing at both the BN and UP tracks have been discussed over the years. The elevated section of SR 167 through the valley floor would make elevated arterial crossings of the UP tracks difficult, if not impossible, because the arterial would need to pass over the freeway as well as over the tracks. Arterial undercrossings would be possible but could eliminate intersections with important north-south streets. Capacity Needs - Currently, Kent has several areas of severe traffic congestion. Other than the downtown intersections, areas of congestion include virtually all of the intersections on SR 516 and on SE 208th/212th Street, Military Road intersections and roadway within Kent, the section of Meeker between SR 516 and SR 167, SR 181, south of Willis, the length of SR 167 in the peak travel direction within Kent, and all of peak direction I-5. In the future, these problems will be compounded under each of the land use alternatives. Additional intersections and roadway segments will become congested, primarily on the East Hill north of SE 240th Street and in the northern industrial part of the valley. Goods Movement - Kent is a significant center of goods distribution. Much of the industrial area is dedicated to warehousing, and there are several sites along the railroad tracks that are intermodal transfer centers for various manufacturers or transfer companies. Designation of a network of truck routes will help ensure that roads of sufficient design and capacity are available to move materials into and out of the city. The railroads are planning track improvements to improve efficiency on the two main lines that travel through the city. Public Transit Needs - Some significant changes in public transit service will be needed to meet the needs of the regionally-adopted urban centers concept. Focusing commuter service on Seattle as a destination will need to give way to a multidestination peak-period service, regardless of whether a regional rail system is approved. Service improvements for trips internal to Kent also will be needed to support trip reduction and other demand management strategies. Bicycle and Pedestrian Needs - The City has a network of sidewalks and bicycle lanes, mostly on City streets. There are some significant gaps in the sidewalk network, which can be discouraging to pedestrians. Some of these gaps exist in areas where there is a KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 9-17 TRANSPORTATION ELEMENT CHAPTER NINE high potential for walkers, such as near schools. Kent also is fortunate to be a participant in the development of the- Green River and Interurban trails, two nonmotorized trails that see significant commuter and recreational use. The Kent Bicycle Advisory Board, a citizens group, has recommended support of three east-west corridors and three north-south corridors. These include 208th/212th Street, Reith/Meeker/Canyon/SR 516, and the planned SE 272nd/277th Street. North- south routes include Military Road, the Interurban Trail, and 116th Ave SE. These main routes need to be supplemented by additional collector routes within neighborhoods and business centers. COMMUTE TRIP REDUCTION In January 1993, the City enacted a commute trip reduction ordinance. This ordinance, required by state law, applies to all employers in the City with 100 or more full-time employees who start work between 6AM and 9AM at least two weekdays per week for 12 continuous months of the year. At the present time, this ordinance affects 27 employers at 31 sites and covers about 14,100 employees. The ordinance requires the affected employers to develop and implement commute trip reduction programs such that there is a reduction of 15 percent in the number of single- occupant vehicle (SOV) trips and vehicle miles of travel per employee in 1995. The required reduction is 25 percent in 1997 and 35 percent in 1999. The modelling effort for this transportation plan included an appropriate reduction in SOV trips to account for the law. It also was assumed in the model that the regional rail system would serve 10.4 percent of home-based work and college trips. Assuming that employers are successful in implementing their programs, and that the number of affected employees stays roughly the same over the 1993-1999 time period, the reduction from 1993 SOV trips would be about 1,800 by 1995, 3,000 by 1997, and 4,200 by 1999. The actual number of vehicles removed is related to which alternate modes are selected. For example, if all of the affected employees switched to bicycles or rail transit, the full number of trips would be removed from the network; if they all switched to two-person carpools, only half the number would be removed. Under the assumption that Kent started with an average mode split of 85 percent single- occupant vehicles (SOV) and that the Commute Trip Reduction Act remains in place, - 9-18 KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 1Z 1994 CHAPTER NINE TRANSPORTATION ELEMENT requiring major employers to maintain an SOV rate of 55 percent or lower after 1999, we may assume about 20 percent of the new trips based on ITE values would not occur. This is because not all new employers would fall into the affected employer category. PM peak trips are generated by many uses, and the proportion of "affected employee trips" is fairly low. Commute Trip Reduction (CTR) Support - At the present time, City zoning policies support nonSOV modes; however, there is minimal incentive for a developer or employer to implement any actions beyond the minimum. City codes could provide development incentives, such as more leasable space, if a facility provides permanent incentives for nonSOV use, such as reserving a percentage of employee parking for HOV users. Allowing developers to contribute to off-site parking in trade for reduced on-site parking requirements, or to sponsor a spillover mitigation program (such as a residential parking zone), could encourage developers and businesses to support CTR. The City also should consider requiring employers to charge for parking and encouraging property managers to include parking as a negotiable, chargeable element rather than an inclusive feature in a building lease. Finally, by adopting CTR requirements which are more stringent than the state guidelines, more employers could be forced into complying with CTR. These requirements could include reducing the threshold from 100 to 50 employees, imposing penalties for nonattainment of goals, or requiring a minimum number of specific CTR measures based on site size. TRANSIT PLAN The City has conducted a study of transit service. Major findings and recommendations of this study (in a separate document) will guide the City in working with transit providers to develop service for the Kent area. The King County Department of Metropolitan Services (Metro), currently operates 24 transit routes that serve the Kent area. Twenty of these routes are fixed-route service, one is a dial-a-ride paratransit route, and three are custom-bus routes. Peak period service generally is provided every 30 minutes or less on every route except two. Midday service is provided on seven of the fixed routes. Weekday evening service after 11PM is provided on three routes. KENT COMPREHENSIVE PLAN PC REVISED DRAFT -December 12, 1994 9-19 TRANSPORTATION ELEMENT CHAPTER NINE Much of Kent's transit service is focused on the downtown Kent Transit Center/Park-and- Ride. The Kent-Des Moines Park-and-Ride is served by six routes, primarily with Seattle CBD destinations. A third park-and-ride recently opened just outside the City limits, near SR 516 and 132nd, and is served by three routes. Metro also provides commuter vans to 70 vanpool groups with origins or destinations in Kent; this represents about 13 percent of Metro's vanpool fleet. Metro also provides door-to-door, advance- reservation service for elderly or disabled persons. The Regional Transit Authority (RTA) is examining the implementation of a commuter rail line from Tacoma to Everett via downtown Seattle and the Green River valley. This rail line would use one of the sets of existing tracks. Under the current proposal, commuter trains could run in both directions during the morning and afternoon peak periods. Stations would be located in each of the cities along the alignment, and each station would be served by a network of feeder buses from residential centers and shuttles to employment centers. The Kent Transit Advisory Board has recommended to the City Council that commuter rail operate on the Burlington Northern line, with a station in the vicinity of James Street-Smith Street. This is somewhat consistent with previous City positions that the station should be in downtown; this location would encourage commuters to patronize downtown businesses before and after their commutes and would provide easy access for commuters with jobs in the downtown area. The ultimate regional system also includes a proposed light rail or possibly rapid rail line in the I-5 corridor through Kent, with a stop at the Kent-Des Moines Park-and-Ride. This system also would be served by a network of feeder and shuttle buses. Bus service improvements, the commuter rail portion, and an initial light rail segment closer to Seattle are anticipated to go to the public for a funding vote in 1995. Transit Recommendations For the purpose of analyzing transit markets and demand, the City was divided into four areas: East Hill, West Hill, Downtown, and the North Industrial Area: Based on telephone surveys, origin-destination information, key-person interviews, and an evaluation of current services and facilities, recommendations were developed and evaluated. Actions for market areas that are tied to Kent, such as other south King County cities, also were reviewed and recommended. The following is a summary of the recommended actions: 9-20 KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT East Hill Action 1 - Implement a combined fixed route/route deviation/demand responsive service to provide circulation among East Hill, Downtown, and the North Industrial Area. East Hill Action 2 - Increase the frequency of service on Route 168 in order to meet future local-travel demand among Covington, East Hill, and Downtown. Route 168 is currently a popular and productive route. West Hill Action 1 - Implement a combined fixed route/route deviation/demand responsive service to provide circulation among West Hill, Downtown, and the SR 99 corridor. The service should focus on midday coverage and provide connections to regional service. Downtown Action 1 - Enhance service coverage and connections in the downtown through the development of local circulators from East and West Hills, and a new local fixed route from Downtown to the North Industrial Area. North Industrial Area Action 1 - There is currently one transit service corridor in this area. Implement a new fixed route from Downtown Kent which circulates through the area and continues to Renton. Focus on enhancing service coverage. South King County Action 1 - Improve service connections between local Kent routes at the Kent-Des Moines Park-and-ride and routes serving the SR 99 corridor. South King County Action 2 - Enhance service coverage through implementation of a new Renton-to-Kent route via the North Industrial Area, west of SR 167. South King County Action 3 - Provide all-day, bidirectional service on Route 167 through Auburn, Kent, Renton, Bellevue, and the University of Washington. Regional Action 1 - If commuter rail is implemented, reinvest discontinued service hours in local service improvements. If not, provide additional connections to major transit generators/employment centers in the Seattle area (U- District, First Hill, Northgate). KENT COMPREHENSIVE PLAN PC REVISED DRAFT -December 12, 1994 9-21 TRANSPORTATION ELEMENT CHAPTER NINE Regional Action 2 - Improve connections with Pierce Transit, especially if commuter rail is not implemented, to provide a regional bus line from Pierce County to Kent, via Auburn. The recent Downtown Parking Study suggested that there is an imbalance in long- and short-term parking in the downtown area. It is also agreed that the existing downtown park-and-ride is too far from downtown for employees to use, and that existing transit service from that lot to downtown is inconvenient. Conversion of the area near the BN tracks to long-term transit/commuter parking would require relocation of some existing long-term, general-use parking. If the area is not appropriately sized, on-street parking in downtown could be affected by spillover as a result of increased use of transit. System Management Alternatives - The City currently is involved in two projects to improve system operation in the valley. One is a multijurisdictional examination and review of signal timing and coordination for valley arterials that cross jurisdictional bounds. The outcome of this project should be improved flow on major roads and the ability, via computer technology, to adjust signal cycles as demand warrants. The second project is within the City and includes installing a new master computer for the City's signal system. This will allow the City to adjust signal cycles as demand varies. As technology improves over the next 10 to 20 years, a system of surveillance, control, and driver information (SC&DI), similar to that operated by WSDOT on 1-5, 1-90, and SR 520, would be appropriate for the principal arterials in south King County. This would allow drivers to be notified where back-ups are occurring and what alternate routes may be available. It also would provide a way to meter traffic entering congested facilities. IMPROVEMENT PROGRAMS Six-Year Program Every year, the City adopts a transportation improvement program aimed at showing improvements and expenditures over the next six years. The program adopted for 1994- 2000 generally provides adequate levels of service and corrects existing deficiencies, as defined by the City's service standard. Elements of this action plan include road widening and development of new corridors, support for demand management programs including a significant upgrade to traffic signal control, and support for neighborhood traffic control. 9-22 KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT 2010 Improvements As new development occurs, additional improvements will be needed to maintain the proposed LOS standards. A number of projects have been identified, including road widening for general purpose traffic and for HOV lanes, completion of the regional network, and conversion of lanes for peak-period HOV use. Each of the land use alternatives which were originally developed has a slightly different effect in terms of traffic impact, so the project lists are slightly different in terms of magnitude of impact on a specific corridor or facility. 2020 Improvements A similar project list has been identified for implementation between 2010 and 2020, assuming growth occurs at the rate identified in the land use alternatives. These projects include more widening, primarily to serve HOV users. KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 9-23 TRANSPORTATION ELEMENT CHAPTER NINE TRANSPORTATION FINANCING & IMPLEMENTATION PLAN The creation of a financing and implementation plan is critical to the overall development of the transportation element. In turn the transportation element is a critical element of the comprehensive plan. Development of a financing and implementation plan involves the examination of a number of issues including, improvements to the street system, transit, parking, pedestrian and bicycle facilities. A key tool of the examination was the development of a computer forecast model which simulates the future year travel patterns on the City's transportation system. A key parameter in determining the needs of the system was service levels. Under Growth Management service levels or degree of congestion is a local discretion subject however to consistency at jurisdictional boundaries. The methodology used to develop the financing plan was consistent with that of the countrywide planning policies. This section is a critical component of the transportation element, and as such plays a important part in enabling growth to occur in concert with the land use projections. It should be noted that while the land use element projected three different scenarios, the differences with respect to the transportation system were negligible. While the transportation element incorporates an improvement program for 2010 and 2020, the critical component is the Six Year Transportation Improvement Program. The recommended 6 Year T.I.P. is shown on Table 9.3. It is critical because Growth Management mandates that all plans be financially sound and implementable with respect to concurrancy. The 6 Year T.I.P. outlines over $72,000,000 in improvements, of which approximately $50,000,000 is to be spent on corridor projects, more than $17,000,000 on arterials, almost$800,000 on intersections and over $4,000,000 on non-motorized and maintenance improvements. It should be noted that no new revenue sources are contemplated. The bulk of the revenue comes from Grants ($31,000,000), LIDs ($17,000,000), and existing sources ($21,000,000) such as Cash on Hand, MV Fuel Tax, MV Registration Fee and Street Utility. Both project costs and anticipated revenues are shown on Figure 9.3. With respect to Grants, 74% ($23,018,000) thereof are existing commitments with the balance ($8,038,000) related to highly eligible type projects. 9-24 KENT COMPREHENSIVE PLAN PC REVISED DRAFT -December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT Similarly so with respect to LIDS where 82% ($14,147,000) pertains to the corridor projects for which adequate covenants exist. The balance ($3,046,000) involves projects that due to a combination of low assessment level and adjacent high density land use should be supportable. The implementation schedule which is equally important with respect to Growth Management and the assemblage of funds is reflected in Table 9.4. The crucial projects such as the 196th Street Corridor, Orillia to West Valley Highway, and West Valley Highway to East Valley Highway, and the 272nd Street Corridor are anticipated to be opened in 1998, 2000 and 1999 respectively. KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 9-25 TRANSPORTATION ELEMENT CHAPTER NINE FIGURE 9.3 CITY OF KENT, WASHINGTON 6 YEAR T.I.P. PROJECT COSTS Non-motorized d Mainl Imps(5.57%) Intersections(1.11%) Arterials(23.68%) X Y:. Corridor Projects(69.64%) CITY OF KENT, WASHINGTON 6 YEAR T.I.P. REVENUES Ustng Swces'(30 43%) . Cram(44.93%) L.i.o.•s(24.64%) Includes Cash on and, MV Fuel Tax,MV Registration Fee &Street Utility 9-26 KENT COMPREHENSIVE PLAN PC REVISED DRAFT -December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT Table 9.3 Six Year Capital Improvement Projects (1995 - 2000) Corridors: 1 272nd Corridor(Auburn Way North-SR516) 17,258 (Total Project Cost$27,500;Cost Beyond 2000$6,218) 2 196th Street(East Valley Highway-West Valley Highway) 20,391 (Total Project Cost$22,044) 3 196th/200th Street(Orillia-West Valley Highway) 12,249 (Total Project Cost$12,741) Total Corridors . 49,898 Arterials: 4 212 Street HOV Lanes(West Valley Highway-SR167) 3,900 5 64th Avenue Extension(224th-216th South) 2,200 6 West Meeker Street Widening(4/5 Lanes) 2,566 (SR516-East Bank of Green River) 7 Pacific Highway HOV Lanes(SR516-Southeast 240th Street) 1,650 8 Washington Ave Widening(7 Lanes) 1,000 (Harrison Street to Green River Bridge) 9 72nd Avenue Extension(South 194th- South 196th) 540 10 Southeast 256th Widening(5 Lanes) (SR516- 116th Ave) 2,900 11 Pacific Highway HOV Lanes(Southeast 240th-S City Limits) 2,500 Total Arterials 17,256 Intersection Improvements: 12 Reith Road/West Meeker Street Intersection Widening 57 13 Russell Road/West Meeker Street SignaUation 200 14 Military Road Intersection Improvements(Left Turn Pocket) 150 15 James Street/Central Avenue(Northbound Right Turn Lane) 350 16 Green River Signal Coordination 8 Total Intersection Improvements 765 Other Improvements: 17 Sidewalk Rehabilitation 1,800 18 Bike Path Improvements 500 19 Canyon Drive Sidewalk&Bicycle Lane 792 20 Neighborhood Traffic Control 60 21 Bus Service Enhancements 79 22 Pavement Markings(Restoration) 100 23 East Valley Highway Pavement Rehabilitation 510 24 South Central Avenue Pavement Rehabilitation 425 Total Other Improvements 4,266 Total Capital Improvement Projects 72,185 KENT COMPREHENSIVE PLAN PC REVISED DRAFT -December 12, 1994 9-27 TRANSPORTATION ELEMENT CHAPTER NINE Table 9.4 Six Year Capital Improvement Program (1995-200) Revenues: 1994 1995 1996 1997 1998 1999 2000 Total VehicleFuel Tax(Unrestricted) 712 726 741 756 771 786 4,491 Vehicle Fuel Tax(Restricted) 61 202 133 288 208 892 Public Works Operation Budget 192 300 492 Total Revenue 712 979 943 1,189 1,059 994 5,875 Program Expenditures: Sidewalk Rehabilitation 300 300 300 300 300 300 1,800 Bike Paths 100 100 100 100 100 500 Bus Demonstration 30 49 79 Neighborhood Traffic 20 20 20 60 Control Total Program Expenditures 450 449 320 400 420 400 2,439 Subtotal 262 530 623 789 639 594 3,436 Projects: Reith/W Meeker Intersection 0 0 212th HOV Lanes 0 0 Russell/W Meeker Signal 168 168 64th Ave Extension 489 11 500 Canyon Drive Sidewalk& 542 542 Bicycle Lanes W Meeker Widening 657 109 766 Pacific Highway HOV Lanes 0 0 Phase I Washington Ave Widening 0 0 Military Road Intersection 150 150 Improvements 72nd Avenue Extension 340 340 S.E.256th Street Widening 485 485 Pacific Highway HOV Lanes 0 0 Phase II Pavement Markings Project 100 100 Green River Signal Coord. 0 0 James&Central 70 70 Northbound Right Turn Lane EVH Pavement Rehabilitation 192 192 S Central Pavement Rehabilitation 300 300 1btal Projects 268 681 623 790 657 594 3,613 Beginning Fund Balance 228 222 71 71 70 51 Ending Fund Balance• 228 222 71 71 70 51 51 •Ending Fund Balance 1994(Unrestricted + Restricted) = $227,919 9-28 KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT TRANSPORTATION GOALS AND POLICIES The transportation plan was developed around one central goal. Overall Goal: Provide for a balanced multimodal transportation system which will support land use patterns and adequately serve existing and future residential and employment growth within the potential annexation area. This goal is supported by 10 goals and almost 100 policies. The goals and policies under each goal are as follows: TRANSPORTATION AND LAND USE GOALS AND POLICIES Goal TR-1 - Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policy TR-1.1 - Locate commercial, industrial, multifamily, and other uses that generate high levels of traffic in designated activity centers around intersections of principal or minor arterials or around freeway interchanges. Policy TR-1.2 - Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways. Policy TR-1.3 - Fund development of the roads necessary for a complete arterial system serving all travel needs in the planning area (inside and outside the City) through fair-share payments by new residential, commercial, and industrial development. Policy TR-1.4 - Along all principal and minor arterial corridors, consolidate access points to residential, commercial, and industrial development. Consider proposals to consolidate access points during development review, as part of road improvement projects, or as part of land use redevelopment projects. Policy TR-1.5 - Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Policy TR-1.6 - Phase implementation of transportation plans concurrently with growth to allow adequate transportation facilities and services to be in place at the time of occupancy. Policy TR-1.7 - Promote land use patterns which support public transportation. KENT COMPREHENSIVE PLAN PC REVISED DRAFT -December 12, 1994 9-29 TRANSPORTATION ELEMENT CHAPTER NINE Policy TR-1.8 - Create land uses in the downtown and commercial areas which better support transit and reduce peak-hour trip generation. PARKING GOALS AND POLICIES Goal TR-2 - Promote a reasonable balance between parking supply and parking demand. Policy TR-2.1 - Develop parking ratios which take into account existing parking supply, minimums and maximums, land use intensity, and transit and ride-sharing goals. Policy TR-2.2 - Develop criteria for a network of park-and-ride lots to serve residential areas which feed into the regional transit system/commuter rail line located downtown. Policy TR-2.3 - Incorporate ground-level retail and/or service facilities into arty parking structures that are constructed within the downtown DCE, DC, and DLM zones. Policy TR-2.4 - Remove the provisions in the existing zoning regulations that distinguish between parking structures and surface parking lots. Policy TR-2.5 - Provide an option for developers to construct the minimum number of parking spaces on-site or pay an in-lieu fee to cover the cost of the City's construction and operation of parking at an off-site location. Policy TR-2.6 - Evaluate the parking requirements for all other uses, including mixed-use projects, within the DC DCE, and DLM zones on a case-by-case basis in accordance with the following factors: (a) the potential of shared parking and transit facilities in proximity to the site; (b) the employee profile of a proposed site, including the number and type of employees and the anticipated shifts; (c) the potential for "capture" trips that will tend to reduce individual site parking requirements due to the aggregation of uses within concentrated areas; (d) the Institute of Transportation Engineers Parking Generation report and other publications which provide parking generation indices; and (e) any studies of similar specific uses conducted either by the City of Kent or the applicant. The City of Kent parking coordinator, with the Planning 9-30 KENT COMPREHENSIVE PLAN PC REVISED DRAFT -December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT Director's concurrence, will prepare a report recommending specific parking requirements. Policy TR-2.7 - Recommend no parking maximum ratios for retail or residential uses. Policy TR-2.8 - Require reduced maximum-allowable-parking ratios for development projects that are in close proximity to intermodal transit/commuter rail facilities. A development project may provide up to 50 percent of the applicable maximum parking standard if the development is located within 250 feet of a designated intermodal transit/commuter rail facility. Such project may provide up to 75 percent of the applicable maximum parking standard if the development is located between 250 and 500 feet of an intermodal facility. Policy TR-2.9 - Require a specific ratio of the total parking area for HOV parking. A minimum of two (2) HOV parking spaces for every 25 on-site spaces is suggested. Policy TR-2.10 - Require bicycle parking under the zoning code. Recommended standards are: one bicycle parking space for every 10 motor vehicle spaces in a new development, with a minimum of 10 bicycle spaces for any new development in the DC, DCE, and DLM zones. Policy TR-2.11 - Do not differentiate among the DCE, DC, and DLM zones in terms of parking requirements for the same land uses within Kent's downtown. STREET SYSTEM GOALS AND POLICIES Goal TR-3 - Provide a balanced transportation system that recognizes the need for major road improvements to accommodate many travel modes. Create a comprehensive street system that provides reasonable circulation for all users throughout the City. Policy TR-3.1 -Assign a functional classification to each street in the City based on factors including volumes of motorized and nonmotorized traffic, type of service provided, adjacent land use, and preservation of existing neighborhood traffic characteristics. Policy TR 3.2 - Coordinate implementation of street construction standards for each functional classification with policies in the Comprehensive Land Use Plan and Community Design Element. KENT COMPREHENSIVE PLAN PC REVISED DRAFT -December 1Z 1994 9-31 TRANSPORTATION ELEMENT CHAPTER NINE TRAFFIC FLOW GOALS AND POLICIES Goal TR-4 - Eliminate disruptions which reduce the safety and reasonable functioning of the local transportation system. Policy TR-4.1 - Maximize traffic flow and mobility on arterial roads, especially on regional through routes, while protecting local neighborhood roads from increased traffic volumes. Policy TR-4.2 - Provide a balance between protecting neighborhoods from increased traffic and reducing accessibility for the City-wide road network. Policy TR-4.3 - Balance the dual goals of providing accessibility within the local street system and protecting neighborhoods. Where overflow traffic from the regional system significantly impacts neighborhoods, protect the residential area. Policy TR-4.4 - Develop a system of level-of-service standards which promote growth where appropriate and preserve the transportation system where appropriate. Policy TR-4.5 - Limit heavy, through truck traffic to designated truck routes in order to reduce its disruptive impacts. Policy TR-4.6 - Minimize the effects of regional traffic congestion and overflow onto the local transportation system. Policy TR-4.7 - Develop strategies to reduce traffic flows in local areas experiencing extreme congestion. Policy TR-4.8 - Enhance the neighborhood Traffic Safety Program to include in neighborhoods a wide range of passive control devices. Policy TR-4.9 - Reduce the disruptive impacts of traffic related to major institutions, activity centers, and employers via trip-reduction efforts, access/egress controls, and provision of alternatives to SOV use. FACILITY DESIGN GOALS AND POLICIES Goal TR-5 - Design transportation facilities to preserve and to be consistent with the natural and built environments. Policy TR-5.1 -Landscape transportation facilities to complement neighborhood character and amenities. 9-32 KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT Policy TR-5.2 - Maintain and incorporate prominent features of the natural environment into the landscape of transportation facilities. Policy TR-5.3 - Protect neighborhoods from transportation facility improvements that are not in character with the residential areas. Encourage pedestrian and bicycle connections among residential developments to serve as an alternative to automobile use. Policy TR-5.4 -Arrange streets and pedestrian paths in residential neighborhoods as an interconnecting network and connect them to other streets. Policy TR-5.5 - Limit the development of new cul-de-sac streets to situations where continuation of the road at some time in the future is unlikely. Policy TR-5.6 - Develop the urban design elements of the street system in accordance with policies in the City's visioning document. GOODS MOVEMENURAIL GOALS AND POLICIES Goal TR-6 - Maintain existing rail service to commercial and industrial sites. Policy TR-6.1 - Design transportation facilities in a manner which complements railroads. Policy TR-6.2 - Locate new spur tracks to provide a minimum number of street crossings and to serve a maximum number of sites. Policy TR-6.3 - Minimize adverse impacts of railroad operations on adjoining residential property by limiting nighttime operation and by constructing noise and visual buffers as needed. Policy TR-6.4 -Design railroad crossings to minimize maintenance and to protect the street surface. Policy TR-6.5 - Provide protective devices, such as barriers and warning signals, on at-grade crossings. Develop traffic signal prioritization-that is activated by crossing signals in order to maintain non-conflicting, auto/truck traffic flow when crossings are occupied by trains. Policy TR 6.6 - With the assistance of the railroads, develop grade separation priorities for arterial street crossings . This is supported by state-level plans for high-speed rail between Eugene, Oregon and Vancouver, British Columbia. KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 9-33 TRANSPORTATION ELEMENT CHAPTER NINE NONMOTORIZED TRANSPORTATION GOALS AND POLICIES Goal TR-7-Improve the nonmotorized transportation system for both internal circulation and linkages to regional travel. Policy TR-7.1 -Accommodate pedestrian and bicycle traffic within all residential and employment areas of the City. Policy TR-7.2 - Require residential development standards to include pedestrian facilities, such as pathways connecting with adjacent developments, transit service, and arterials. Policy TR-7.3 - Review site plans for all new construction and site re- development to ensure compatibility with goals and policies for nonmotorized transportation, automobile, and transit. Policy TR-7.4 - Enhance safety of pedestrian and bicycle movement across principal arterial intersections. Policy TR-7.5 - Equip intersections which have high pedestrian and bicycle volumes with activation buttons and additional fixtures as needed to ensure visibility. Policy TR-7.6 -Minimize obstructions and conflicts with pedestrian movement on sidewalks, paths, and other pedestrian areas. Policy TR-7.7 - Minimize obstructions and potential conflicts with bicycle movement on streets where bicycle use is encouraged. Policy TR-7.8 - Sign street intersections of streets with nonmotorized trails for both trail users and street users. Policy TR-7.9 - Provide convenient and safe pedestrian and bicycle access to transit stops for all users. Policy TR-7.10 - Provide convenient pedestrian and bicycle access between downtown and the commercial area on the west side of SR 167. Policy TR-7.11 - Encourage bicycle storage facilities and parking within de- velopment projects, at park-and-rides, in commercial areas, and in parks. Policy TR-7.12-Incorporate bicycle-supportive design in transportation projects, using a variety of techniques appropriate to the particular project and right-of- way characteristics. 9-34 KENT COMPREHENSIVE PLAN PC REVISED DRAFT -December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT Policy TR-7.13 - Ensure that street-trail crossings with nearby signals provide trail users adequate gaps in the cross traffic to allow crossing. Policy TR-7.14 - Encourage major employers, as defined by Kent's commute trip reduction ordinance, to provide arrangements for bicycle commuters to change clothes and safely store their bicycles. Policy TR-7.15-Encourage new commercial or industrial development to provide covered bicycle lock-up facilities. Require multifamily residential developments to include bicycle lockers or lock-up rooms. Policy TR-7.16 - Whenever possible, use standards which meet the guidelines of AASHTO (American Association of Highway and Transportation Officials) Guide to the Development of Bicycle Facilities. Policy TR-7.17 - Consider development of nonmotorized transportation facilities which are separated from roads which are not part of the Regional Trails System only if they: provide needed access across gaps in the nonmotorized transportation system; provide linkages to the Regional Trails System; eliminate barriers to access by nonmotorized transportation; replace access which is removed from a portion of the transportation system previously open to bicycles or pedestrians; or, provide access to new transit or transportation facilities. Policy TR-7.18 - Design residential streets, including those in single and multifamily developments, to accommodate pedestrians and bicyclists. Policy TR-7.19 - Provide bicycle and pedestrian access at transit sites and park- and-ride facilities. Policy TR-7.20 -Locate pedestrian and bicycle routes to be safe, convenient, and to provide transportation among neighborhoods and schools, industrial and commercial business areas, employment centers, institutions, recreational facilities, activity centers, and other off-road trail systems, both local and regional. Policy TR-7.21 - Provide trail opportunities in areas designated as environmentally sensitive or designated for conservation, open space, utility corridors, abandoned railroad corridors, and undeveloped City-owned rights-of- way. Policy TR-7.22 - Review right-of-way vacations for impacts on nonmotorized facility systems. Policy TR-7.23 - Encourage pedestrian and bicycle safety programs for youth, the elderly, and the handicapped. KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 9-35 TRANSPORTATION ELEMENT CHAPTER NINE Policy TR-7.24 - Via incentives or regulatory means, require new residential, commercial, and industrial developments to incorporate pedestrian and bicycle design elements, both on-road systems and off-road trails. Policy TR-7.25 - Require redeveloping properties to provide bicycle and pedestrian facilities to promote walking and to encourage the use of bicycles by employees, visitors, residents, and shoppers. Policy TR-7.26 - Wherever possible, separate pedestrian and bicycle trails from roadway systems and traffic hazard areas. Policy TR-7.27 - Encourage transit use by improving pedestrian and bicycle connections to transit stops, park-and-ride lots, and transit facilities. Policy TR-7.28 - Ensure that trail systems located in sensitive or conservation areas are compatible with the environment in which the trail is located as well as with the intended uses. Policy TR 7.29 - Apply for federally-funded programs, such as those authorized under the Intermodal Surface Transportation Efficiency Act, to develop regional trails, intermodal connections to transit facilities, and park-and-ride lots. Policy TR-7.30 - Encourage participation of developers, businesses, and other private enterprises in the development and/or funding of nonmotorized trail systems. At a minimum, require all properties to provide sidewalks along their roadway frontage. Policy TR-7.31 - Provide near regional systems trailhead facilities that include parking, restroom facilities, informational signage on trail use regulations, trash receptacles, and domestic water. Policy TR-7.32 - Where convenient, locate trailhead facilities within park and recreational facilities to provide multiple use opportunities. Policy TR-7.33 - Provide along trail systems rest areas for sitting, eating, and stationary exercise to take advantage of views, cultural resources, and points of interest. Policy TR-7.34 - Encourage commercial/industrial employers located along existing and future regional trail systems to provide commuter facilities for bicyclists, including secure parking areas, showers, lockers, and educational information which promotes bicycling and walking as a method of commuting. Policy TR-7.35 - Encourage the upgrade of and enhancement to existing pedestrian and bicycle systems in order to improve safety, maintenance, and to provide informational signage. 9-36 KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT Policy TR-7.36 - Implement a comprehensive pedestrian and bicycle signage program for directional information, identification of on- and off-street routes, interpretive education, and a printed, updated trails facility map. Policy TR 7.37 - Provide at park-and-ride facilities safe and secure bicycle parking areas that are covered, lighted, and that include permanent fixtures for storing bicycles. Policy TR-7.38 - Provide safe crossings at major street and railroad facilities, with traffic control that includes signs, bollards, painted markings, and clear sight distances. Where possible, provide grade separation for trails. Policy TR-7.39 - Explore potential partnerships with other agencies and utility companies that have networks and easements in the City. Policy TR-7.40 - Provide interpretive and educational signage along trail systems located in sensitive, conservation, and open space areas. Policy TR-7.41 - Use landscaping to direct trail users and to enhance and create an aesthetically pleasing environment. TRANSIT/HIGH OCCUPANCY VEHICLE GOALS AND POLICIES Goal TR-8.0 - Encourage the development and use of alternatives to single- occupancy vehicles. Policy TR-8.1 - Work with other jurisdictions in the greater metropolitan area toward providing frequent, coordinated, and comprehensive bus service and facilities in all residential and employment areas. Policy TR-8.2 - Promote the establishment of a multimodal transit center in downtown Kent as part of a regional high-capacity transit system. Policy TR-8.3 - Provide the non-CBD, residential portion of the transit system with parking, via either park-and-ride lots or shared-use parking facilities. Policy TR 8.4 - Coordinate park-and-ride facilities located near downtown with downtown parking programs for merchants and shoppers. Policy TR-8.5 - Support the completion of a comprehensive system of HOV improvements and programs on state highways and regional arterials which give high-occupancy vehicles a travel time advantage over single-occupancy vehicles. KENT COMPREHENSIVE PLAN PC REVISED DRAFT -December 12, 1994 9-37 TRANSPORTATION ELEMENT CHAPTER NINE Policy TR-8.6 - Promote measures to increase the use of high-occupancy vehicles among employers located within the City who are not required to comply with commute trip reduction. Policy TR-8.7 - Support development of a regional network using rail technology to move people and goods. Policy TR-8.8 - As a means of accommodating new development, mode split goals should be established in each of the 22 transportation zones, that work towards a 50% increase in transit share by the year 2001, and a 100% increase by the year 2010 -- within the imitations of the City being able to request service from METRO. Policy TR-8.9 - Transit priority measures, such as queue jump lanes , "traffic signal pre-emption", and "transit only" lanes should be incorporated in the City's Six Year Transportation Improvement Plan, consistent with achieving a significant node shift away from continued SOV growth. FUNDING GOALS AND POLICIES Goal TR-9 - Pursue funding for transportation improvements from all potential sources in an efficient and equitable manner. Policy TR-9.1 - Allow for funding of growth-related traffic improvements proportionately by impact fees charged to new development. Policy TR-9.2 - Coordinate equitable public/private partnerships, such as Trans- portation Benefit Zones (TBZ) and Transportation Benefits Districts (TBD), to help pay for transportation improvements. Policy TR-9.3 - Pursue federal, state and local sources of funding (e.g. loans, matching funds)for transportation improvements. Policy TR-9.4 -Establish a mechanism to provide multijurisdictional cooperation to fund transportation improvements. Policy TR-9.5 - Create a funding mechanism, such as a Transportation Benefit District, which can be applied across boundaries to address the impact on the City's transportation system of growth outside the City limits. 9-38 KENT COMPREHENSIVE PLAN PC REVISED DRAFT -December 12, 1994 CHAPTER NINE TRANSPORTATION ELEMENT INTERGOVERNMENTAL COORDINATION GOALS AND POLICIES Goal TR-10 - Coordinate transportation operations, planning, and improvements with the county, WSDOT, other cities, and the Regional Transit Authority. Policy TR-10.1 - Design and implement a subregional transportation system in cooperation with neighboring jurisdictions. Policy TR-10.2 - Plan and improve local and regional transit service and facilities in cooperation with the Regional Transit Authority. KENT COMPREHENSIVE PLAN PC REVISED DRAFT - December 12, 1994 9-39 EXHIBIT F NON-MOTORIZED TRANSPORTATION GOALS AND POLICIES This Exhibit will be handed out at the April 18, 1995 meeting. CITY OF CITY COUNCIL PLANNING COMMITTEE MINUTES v7jclj�, April 4 , 1995 4 : 00 PM Committee Members Present City Attorney' s Office Leona Orr, Chair Laurie Evezich Jon Johnson Tim Clark Other Citv Staff Planning Staff Gary Gill Ed White James P. Harris Fred Satterstrom Guests Margaret Porter Chris Holden List Available on Request Matthews Jackson Linda Phillips Kevin O'Neill Leona Orr, Chair of the City Council Planning Committee, called the meeting to order at 4 : 05 p .m. , and introduced Planning Committee members Jon Johnson and Tim Clark. Chair Orr said another item has been added to today' s agenda. Jim Harris, Planning Director, displayed a map of the City and surrounding potential annexation areas (PAA) , indicating shaded areas which are to be removed from Kent' s PAA. Mr. Harris explained the PAA and the Meridian annexation area should be coterminous . He indicated another area in the Meridian annexation area southeast of SR 18 which was previously designated as Rural by King County, and therefore not eligible for annexation to the City of Kent and this should be removed from the PAA boundary. He indicated the general boundary of the area as the north side of South 282nd at the east side of the Green River; easterly to 132nd Avenue SE; southerly to South 288th Street and easterly to Highway 18 , then northeasterly along Highway 18 to 152nd Avenue S.E . Mr. Harris said Auburn has agreed to the PAA boundary revision. Committee member Johnson MOVED to accept Planning Staff' s recommendation to delete the areas noted on the map from Kent' s Potential Planning Area. Committee member Clark SECONDED the motion. The motion CARRIED unanimously. DRAFT RENT COMPREHENSIVE PLAN #CPA-94-1 (L. ORR) Chair Orr introduced a packet of information and said each item will be discussed, with staff responding to each new item contained in the report . She said another meeting will be scheduled should the Committee fail to deliberate on each item today. However, she 1 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4, 1995 said, if deliberations are concluded, the Planning Committee plans to make their recommendation to the full City Council, who may make further recommendations since a vote of four of seven is required to approve the recommendation. Chair Orr said the decisions made by the Planning Committee may not please everyone, but issues may be reviewed on a yearly basis in the form of plan amendments . Committee member Johnson said as a prior Planning Commissioner, and now, a City Council member, with experience in two Comprehensive Plans, he wished to commend the public for an excellent job in testifying and submitting exhibits to clarify their individual positions . He said this effort made the Planning Committee' s job easier. Committee member Johnson MOVED that all lands located in unincorporated King County of the Comprehensive Plan, except in the Meridian Annexation Area, retain their current county Comprehensive Plan designation. Committee member Clark SECONDED the motion. Discussion: Committee member Johnson said he offered the motion because King County recently held hearings on their Comprehensive Plan designations and zoning. He said the areas not within the City' s jurisdiction should follow current King County designations and zoning. He said since the Meridian annexation is underway, it would be redundant to make changes now, and then go through the process again at the time of the annexation. Committee member Clark said he was concerned about finding stability between prior King County zoning and new Comp Plan designations . Chair Orr added that complete and accurate County maps of the Potential Annexation Areas are not available, so adoption of inaccurate Comp Plan designations could be inconsistent with County designations . She said if, or when any areas of the county are annexed into the City, each of these areas would be individually reviewed, using the City' s policies and objectives, possibly changing some of King County' s designations . She said she felt Committee member Johnson' s motion is appropriate and is in the best interest of the City and County to adopt their plan. She said staff will try to acquire King County' s final map of Comprehensive Plan designations before the April 18 , 1995 City Council meeting. Council member Clark requested the specific areas in question be identified on the map. Chair Orr said Man Site A (78th Avenue Properties) and Map Site J (240th Street and 116th Avenue) would be affected by this motion, but applies as well to any other area in unincorporated King County, not included in the Meridian annexation area . Fred Satterstrom, Planning Manager, asked Committee member Johnson to clarify for the record, if his motion would include the -- technical corrections entered into the record for the Meridian annexation area which were originally presented by staff on 2 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4 , 1995 February 14 , 1995, with copies distributed at the March 7th meeting. Council member Johnson said he wished to make a friendly amendment to his original motion, to include the technical corrections made by staff to the Meridian annexation area. Committee member Clark concurred. Discussion: Chair Orr requested that all testimony by the public remain very brief . Paul Morford, of PO Box 6345, said County and City zoning are not the same and perhaps the City should make changes now to cover those issues . Chair Orr said specific issues were not being considered, and only the Comprehensive Plan is being considered. She said staff would address individual issues . Committee member Johnson added that changes should not be made until the final King County designation maps are available . The motion CARRIED unanimously. Map Site B - Matelich Property (Frager Rd and Kent-Des Moines Rd) Request for Commercial Designation Committee member Johnson MOVED to retain Map Site B as Agricultural (A) . Committee member Clark SECONDED the motion. Discussion: Committee member Johnson said based the City' s long history of supporting agricultural uses, and considering testimony and information given regarding inadequate roads and utilities in this area, a designation other than agricultural would lend to more intense uses of agricultural areas nearby. The motion CARRIED unanimously. Map Site C - Lands Adjacent to Agricultural Area West of the Green River Chair Orr asked staff if any of this area is included in the revised boundary of Kent' s Potential Annexation Area. Mr. Harris indicated the subject area and outlined the area, confirming that indeed Map Site C was included in the area to be removed from Kent' s PAA. He stated the boundaries of the area to be removed as South 204th Street, along the Green River up to South 190th Street, and to the west by Interstate 5 . Mr. Harris answered Committee member Johnson' s question stating the remaining portion of the area is recommended as SF-1, consistent with existing King County zoning. Committee member Johnson MOVED to designate the area south of 204th Street as SF-1 . Committee member Clark SECONDED the motion. The motion CARRIED unanimously. 3 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4, 1995 Committee member Johnson MOVED to designate the area known as the Kent Highlands as SF-3 - Committee member Clark SECONDED the motion. The motion CARRIED unanimously. Man Site D - Russell Road Adjacent to the City' s Green River Natural Resources Enhancement Area Project Committee member Johnson MOVED that Map Site D be designated Industrial . Committee member Clark SECONDED the motion. The motion CARRIED unanimously. Map Site E - Barnes Property at 2907 South 244th Street, Request for Commercial Designation. Committee member Johnson MOVED Map Site E be designated as Commercial . Committee member Clark SECONDED the motion. Discussion: Committee member Johnson said the area was better suited for a Commercial , rather than a Mixed Use Limited Multifamily or a Mobil Home Park designation. Chair Orr explained the history concerning prior zoning determinations, and reasons supporting the Barnes' request for a Commercial designation. The motion CARRIED unanimously. Map Site F - 29 Acres between South 208th and 212th, East of 92 Avenue South. Committee member Johnson MOVED to designate Map Site F as SF-1 . Committee member Clark SECONDED the motion. Discussion: Committee member Clark said he was offended by the contact made by outside developers inferring that due consideration was not given to allowing a higher density for this area. Chair Orr said several letters were received which will become part of the public record. She said she supports Committee member Johnson' s motion, citing several environmental constraints in support of the SF-1 designation, and the fact that this area was zoned during the annexation process approximately one year ago. Committee member Johnson added that steep slopes, poor drainage and access to the area for emergency purposes support the SF-1 recommendation. The motion CARRIED unanimously. Map Site G - Mixed Use Designation on West Hill Committee member Johnson MOVED to change the designation to Commercial for Map Site G. Committee member Clark SECONDED the motion. 4 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4, 1995 Discussion: Committee member Johnson said Commercial was a more appropriate designation for this area, and Committee member Clark stated the residents of this area were very interested and vocal against a Mixed Use designation. Chair Orr added that the Mixed Use designation was based on the light rail vote passing, and since it did not, Commercial was a more appropriate designation. The motion CARRIED unanimously. Mate Site H - Corner of SE 240th Street and 116th Avenue SE - Request for Commercial Designation Committee member Johnson MOVED to retain an SF-6 designation for Map Site H. Committee member Clark SECONDED the motion. Discussion: Committee member Johnson said since recent single family development on the north side of SE 240th, he supports the need for additional single family housing on East Hill . He also stated a number of vacant commercial sites within a five minute drive from the area, and if the requested area were to become commercial , additional widening would be required on 116th Avenue, adding to the traffic congestion in the area. Committee member Clark said traffic has been a major concern of the citizens of Kent, and a commercial development already exists just one block west of the SE 240th Street and 116th Avenue intersection, with several vacancies . Chair Orr concurred with the commends and said commercial development at this site did not make sense . The motion CARRIED unanimously. Man Site I - Property along SE 256th Street - Request for Commercial Committee member Johnson MOVED to keep the current King County designation for Map Site I , since this area is located within the Meridian Annexation Area. Committee member Clark SECONDED the motion. Discussion: Chair Orr said changes could be made to this area through the annexation zoning process . The motion CARRIED unanimously. NEW ISSUES SINCE MARCH 7, 1995 MEETING Map Site J - Property located in the northeast corner of the intersection of SE 240th/116th Ave SE Chair Orr said this area is in the County and will retain the existing King County Comprehensive Plan designation. 5 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4 , 1995 Map Site K - Orillia School Site at South 182nd and 72nd Avenue South Linda Phillips, Planner, stated the request for allowing broader retail uses, specifically drive-up windows in the M1-C zoning areas . Ms . Phillips gave information on the basis for the "C" suffix, stating the 1986 Valley Industrial Study was not included in the Comprehensive Plan Industrial Goals and Policies . Staff' s recommendation would be to include the following policy in the Comprehensive Plan: Policy LU-16 .4 - To expand retail opportunities to provide necessary personal and business services for the general industrial area, implement the recommendations of the West Valley Industrial Study regarding potential areas for expanded retail opportunities for properties within the M1 Industrial Park district. Chair Orr asked Mr. Durkan if this policy would address his question. Martin Durkan, Jr. , of 330 SW 43rd, Renton said he represents the Boeing Masabe Trust, a Boeing Family Investment Group, which purchased nine tax lots located at the old Green River Corporate Park. He said he requests the same consideration, and stated that drive-up windows relieve traffic congestion. Mr. Harris said the intent of staff is to give the broadest scope of alternatives to the policy, rather than stating each retail opportunity specifically. Committee member Johnson MOVED to retain the existing Industrial designation for Map Site K, and add the Land Use policy 16 .4 as recommended by staff . Committee member Clark SECONDED the motion. The motion CARRIED unanimously. Map Site L - North side of James Street, from 1st to 5th Avenue Matthews Jackson, Planner said the property owners have requested by petition, a City Center or Commercial designation, stating these properties are difficult to rent for residential uses because of noise generated from James Street . Also stated was the potential of loss in value when the Regional Justice Center (RJC) is completed in 1997 . Mr. Jackson said after review of the history of this area, and downtown studi , staffs recommenda es tion remains SF-8 . He said further review of the impact upon completion of the RJC could be made to see if a change is warranted. Committee member Johnson MOVED to retain Map Site L as SF-8 . Committee member Clark SECONDED the motion. 6 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4 , 1995 Discussion: Committee member Johnson concurred with Mr. Jackson' s comments, saying a change in zoning now would be premature since the RJC is not built, and perhaps property values could increase . He said this area should remain as a residential neighborhood. Committee member Clark concurred and Chair Orr added that it is not the right time to expand the downtown commercial core area. The motion CARRIED unanimously. Man Site M - Residential Land located near SR 167 Mr. Satterstrom said this situation is similar to the noise complaint of previous map site . The area is 15 acres along the Valley Freeway at 222nd Street and the exhibits claim that the property in unmarketable as residential property due to the traffic noise . Mr. Satterstrom said the owners are requesting either a Commercial or Commercial Manufacturing designation, to remain consistent with properties to the south. Mr. Satterstrom said as this issue was received by staff on the last day open for testimony, and that other residents of the neighborhood would be impacted by a change from Single Family to Commercial . He suggested this issue be handled through a plan amendment process, which could be done upon completion of the overall Comprehensive Plan. Committee member Johnson MOVED to retain Map Site M as SF-6 . Committee member Clark SECONDED the motion. Discussion: Darcy Davis, of 22204 88th Avenue South, said she cannot sell her home due the freeway noise, and the Department of Transportation has concurred that the home is uninhabitable . She asked the Committee why a farm for sale located nearby can advertise as commercial property and she cannot . Chair Orr clarified staff' s position to Ms . Davis, stating briefly the major impact of this late request, and that the matter can be addressed after full consideration and due public process once the Comprehensive Plan is adopted. Chair Orr asked Ms . Davis to contact staff for the proper procedure in pursuing her request . Joan Longstrom, of 22202 88th Avenue South, said the reason this issue arrived late was due to the recent arrival of a real estate appraisal which stated the home was virtually unsalable as a residence due to noise . She explained that due to the addition of two more lanes and a turn lane, they cannot enjoy television or sitting outside . She said the State has declined any responsibility, and the only way to sell the home is to acquire a change to commercial zoning. Chair Orr explained that it is not appropriate now to make the change without fully evaluating the issue and due public process . Mr. Satterstrom explained that State guidelines on processing 7 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4 , 1995 comprehensive plan amendments require they are handled cumulatively on a yearly basis, and in answering Commissioner Johnson' s question, stated a rezone process through the Hearing Examiner would probably be denied as the requested Commercial or Commercial Manufacturing designation is not consistent with the Comprehensive Plan. Ms . Longstrom said neighboring property (Tonelli) is already zoned commercial, and the remaining five houses are all requesting the same consideration, therefore there is no one left to complain about the commercial designation. When Committee member Johnson asked staff if the Tonelli property was changed to commercial by a rezone, Mr. Satterstrom answered that it had be rezoned a long time ago, and that the area in question is the dividing line between the low-lying Tonelli CM property and the topographical area of single family housing. Committee member Johnson said although he sympathizes with the situation, he is retaining his original motion for an SF-6 designation for Map Site M. Committee member agreed, and said further changes to this area needs to be discussed. The motion CARRIED unanimously. Man Site N - East side 100th Avenue SE, north of 240th Kevin O'Neill indicated the subject area on the map and gave the zoning and development history, which included a down zoning from MRM (Medium Density Multifamily) to R1-5 . 0 in 1990 . He said as there are no single family houses in this area, staff' s recommendation is to designate the area LDMF (Low Density Multifamily) , to remain consistent with existing multifamily uses . Bill Dinsdale, of 13700 SE 266th said the intent of his request was to ask that his units become conforming with a zoning of MRM designation so if the structures were destroyed, they could be rebuilt as they are today. He suggested a possible suffix could be added to prohibit construction of additional units . In response to Chair Orr' s question regarding rebuilding the apartments as they are today, Laurie Evezich, Assistant City Attorney said that their insurance carrier determines over fifty percent of the building was destroyed, they could not rebuild the units at the MRM density. Mr. O'Neill suggested to assist Mr. Dinsdale' s issue, that during the zoning code implementation, simply eliminate a date which residential development would not be non-conforming by its density. Committee member Johnson MOVED to change Map Site N to Low Density Multifamily. Committee member Clark SECONDED the motion. The motion CARRIED unanimously. 8 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4 , 1995 Man Site O - Property located at the SW corner of 240th Street and 120th Avenue Ms . Phillips said this area is located in King County, but located in Kent' s annexation area. She said the request was made for MRD, and that staff' s recommendation of SF1-8 be retained, consistent with current King County zoning. Committee member Johnson MOVED that Map Site O be designated SF1-8 . Committee member Clark SECONDED the motion. Discussion: Mr. Morford clarified his request for Multifamily Duplex stating the surrounding properties and noise factors which support his request for a transitional buffer of duplexes . Committee member Johnson said he felt a buffer was not particularly needed between multifamily and residential, and stated possible improvements to 240th. He said he felt SF1-8 was appropriate and Committee member Clark agreed. Chair Orr stated a resolution was recently adopted which ensured the residents of the Meridian area that the City was ' not annexing their area in attempt to rezone their property for future multifamily uses . The motion CARRIED unanimously. Map Site P - West side of 116th Avenue SE, north of S 259th Street Mr. ' Jackson indicated the two lots on the map, stating the owners request from SF-8 to Medium Density Multifamily (MDMF) , or 23 units per acre . He said the reason for the request was to create a buffer between existing multifamily property. Mr. Jackson said staff' s recommendation is to retain the SF-6 designation. Tom Sharp, of 11126 SE 256th Street, said he only requested the Committee consider MDMF for a small section approximately a quarter of an acre, not the entire two lots . Mr. Satterstrom read from the letter dated March 21, 1995 from Mr. Sharp which describes the two parcel numbers, and total square footage . He said staff made their recommendation from this exhibit . Committee member Johnson asked if it was proper at this time during comprehensive plan deliberations to make changes to site specific parcels particularly when designations are made which split property. Mr. Sharp indicated the area again on the map, stating a surveyed fence line exists at the end of Sequoia Village, and extension of that line north would section off the quarter of an acre area he wishes to have redesignated. 9 CITY COUNCIL PLANNING COMIMITTEE MINUTES APRIL 4 , 1995 Mr. Harris said this was not the time to deal with site specific issues, and the issue at hand is the Comprehensive Plan. Chair Orr agreed, and said perhaps a rezone or plan amendment would be a more appropriate procedure to resolve this issue . Committee member Johnson concurred. Committee member Johnson MOVED that Map Site P retain SF-8 . Committee member Clark, SECONDED the motion. 'The motion CARRIED unanimously. Chair Orr said Committee member Johnson and Kevin O'Neill worked to formulate appropriate language, to create an additional goal pertaining to property rights . The goal states : The City shall protect the rights of private property owners from arbitrary and discriminatory actions, while continuing to make land use and zoning decisions which regulate the use of land to promote the public health, safety and general welfare of the citizens of Kent. Committee member Johnson MOVED to add goal number four as stated in the staff report, to the Property Rights section of the Framework Goals and Policies, of the Draft Kent Comprehensive Plan. Committee member Clark SECONDED the motion. Discussion: Committee member Johnson said the purpose of the language was to address land use decisions made for the purpose of public health, safety and general welfare of the citizens of Kent . The motion CARRIED unanimously. Chair Orr said she received a petition from an East Hill neighborhood requesting to retain an SF-3 (12 , 000 square foot lot) designation. She asked Mr. Satterstrom to indicate the area on a map. Mr. Satterstrom described the boundaries of the subject area as just off the Benson hichway. He said the lots are located north of South 244th Street, extending south of 248th Street along 116th Avenue to 256th Street, west adjacent to the apartment complex, north to 248th Street and west to abut the commercial lots facing Benson Highway (104th) . Chair Orr stated that development is occurring at the intersection west of 116th Avenue and south of 248th Street, and asked for a motion to retain this area as SF-3 . Committee member Clark MOVED that this area retain an SF---- designation. Committee member Johnson SECONDED the motion. The motion CARRIED unanimously. Chair Orr asked the Committee members if they recommended any changes be made to Addendum A, which reflects the Planning Commission' s recommendations . 10 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4 , 1995 Committee member Johnson MOVED that Map Site C (Request for Low Density Multifamily) be changed to SF-6 - Committee member Clark SECONDED the motion. Discussion: Mr. O'Neill indicated the area on the map, stating its location as 248th and 108th Avenue SE . Committee member Johnson said it seemed appropriate that this area remain single family. Chair Orr said she agreed with the recommendation as this area has enough multifamily as reflected by the high turnover rate at the nearby school . The motion CARRIED unanimously. Committee member Johnson requested a zoning clarification by King County for the Ranniger property, Area E. Mr. Satterstrom said it was zoned Multifamily, but was not sure of the exact density. Committee member Johnson also inquired if the Planning Commission changed any King County designations while completing annexation zoning for the East Hill/Ramstead annexation area. Mr. Satterstrom said there was just one modification, the Totem Pole Grocery on Kent Kangley Road, which was designated Neighborhood Services (Commercial) from a residential designation. Committee member Johnson MOVED to accept the Planning Commission' s recommendation for the East Hill/Ramstead annexation area. Committee member Clark SECONDED the motion. The motion CARRIED unanimously. Committee member Johnson questioned staff' s SF-6 recommendation for the Zube property, (Map Site J from Addendum A) was indeed built as Multifamily. Mr. Satterstrom said it was . Chair Orr asked Ed White to discuss proposed revisions by the Chamber of Commerce, the Bicycle Advisory Board and the Transit Advisory Board relating to the Non-Motorized Goals and Policies . Mr. White explained that a group met to revise the Transportation Element Goals and Policies . Chair Orr said discussions on this issue will be continued to the City Council meeting on April 18, 1995 . Chair Orr said she had two more items she wished to raise. She said under the Parks and Recreation element, she wished to add a new policy, number 17 . 3 , which would add more flowers to Kent' s parks . Chair Orr' s preliminary language for the new policy is : "Where possible in landscaping parks, encourage the use of low maintenance flowering plants, working towards a landscape that is colorful year around. " Committee member Clark MOVED policy be added to the Parks and Recreation element, and said this was also a part of the Community Goals . Committee member Johnson SECONDED the motion. Chair Orr 11 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4, 1995 said she would not be offended if this element was not the correct area of the plan to include this policy, but wanted it part of the record. The motion CARRIED unanimously. Chair Orr asked the Committee to consider removal of land use policy number 10 . 1, on page number 4-19, regarding the allowance of PUD' s (Planned Unit Developments) in all residential districts . She said she cannot support PUD' s in single family areas until such time it is necessary to achieve Kent' s housing goals . Committee member Johnson concurred and MOVED this policy not include single family areas . Committee member Clark SECONDED the motion. Mr. Satterstrom explained staff' s intent was to allow density bonuses and design flexibility to developers in single family zones . Chair Orr said she supports clustering for single family, detached structures of 6 units per acre, but feared the bonuses could be much higher, impacting traffic, schools and other neighborhood services . The motion CARRIED unanimously. Committee member Johnson MOVED to accept the Planning Commission' s recommendation as amended today, with the exception of the Non- Motorized Transportation Policy, which will be addressed at the April 18, 1995 City Council meeting when the plan is forwarded to the full council . Committee member Clark SECONDED the motion and added that recommendation is to approve the plan. The motion CARRIED unanimously. Chair Orr thanked everyone for their participation, and particularly the staff for their reports and support in reaching today' s decision. Mr. Harris thanked the Planning Committee for their comments, and in behalf of the staff, thanked them for their good work and the sensitive way they handled the public . Chair Orr adjourned the meeting at 6 : 12 p.m. , and thanked the Planning Committee members . 12 Kent City Council Meeting Date April 18 . 1995 Category Bids 1. SUBJECT: JAMES STREET/4TH AVENUE NORTH IMPROVEMENTS fKeRJe)- 2 . SUMMARY STATEMENT: Bid opening for this project was held on March 30, 1995 with seven bids received. The low bid was sub- mitted 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. i fCcvrnmend s he Public Works Director }'�� -be authoriz to enter into a contract with Shoreline Construction Company in the amount of $282,206.26 for thi�5aftmes Stlaeet/Ath 1 _ ^A•^ r_Y--^===^ems project on the condition that the City first receive Regional Justice Center traffic mitigation funds from Metropolitan King County to pay for {traffic mitigation. �o a, � ekps°-',-kd ��a �h �C�U��y tp- � t a--B 3 . EXHIBITS: PubiiC W s Director me orand hi w 4 . RECOMMENDED BY: Pub is Works Director (Committee, Staff Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL P ONNEL IMPACT: 0 YES 6. EXPENDITURE RE UIR : $28 06. 26 SOURCE OF FUNDS: Ki C nt RJC Traffic Miti ation Payment 7 . CITY COUNCIL ACTION. � f �" � " � move, Councilmember azT�� sec nd@ a_,(4 be 'h U that the Public Works Director _�__ � authorized to ente into a contract with Shoreline Construction Company in the amount of $282 , 206 . 26 for the James Street/4th Avenue Improvements Project_;�)n the condition that the City first receive Regional Justice Center traffic mitigation funds fr m Metropolitan King County to pay for traffic mitigation. DISCUSSION• / ACTION: VA Council Agenda Item No. 5A 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 Kent City Council Meeting Date April 18 , 1995 Category Bids 1. SUBJECT: 98TH AVENUE SOUTH WATER MAIN REBUILD 2 . SUMMARY STATEMENT: `jk Sid opening for this project was held on April 13, 1995 with nine bids received. The low bid was sub- mitted 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. �6 the Public Works Director that this project be awarded to Gary Harper Construction in the amount of $44 , 9401. 87 including tax. V1/4nJ Sp MD✓GP . 0_9 S CA.9-(�( awMC, +tc 3 . EXHIBITS: Public Works Director memorandum, map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REOUIRED: $44 , 940.87 SOURCE OF FUNDS: Miscellaneous Water Main Replacement Project Fund 7. CITY COUNCIL ACTION: Councilmember y,) moves, Councilmember seconds that the 98th Avenue South Water Main Relocation project be awarded to Gary Harper Construction in the amount of $44, 940.87 including tax/. DISCUSSION: Vlt ACTION:— Council Agenda r Item No. 5B DEPARTMENT OF PUBLIC WORKS April 13, 1995 TO: Mayor & City Council FROM: Don Wickstrom RE: 98th Avenue South Watermain Relocation Bid opening for this project was held on April 13, 1995 with 9 bids received. The low bid was submitted by Gary Harper Construction in the amount of $44,940.87. The Engineer's estimate was $63,854.23. BID SUMMARY Gary Harper Construction 44,940.87 4 . B & L Utilities 46,526.00 Kelly's Excavating 52,303.88 RJC, Inc. 53,930.08 . James A. Guess 54,586.90 Paramount Pacific 57,427.15 Aurora Engineering 58,184.55 Fournier Construction 65,244.00 V & J Hauling & Excavating 84,585.35 Engineer's Estimate 63,854.23 It is the recommendation of the Public Works Director, that Gary Harper Construction be awarded the 98th Avenue South Watermain Relocation project for the bid amount of $44,940.87. `- 98th g 2107H PL h z •� b o a SE 211T :F 1P'H PL. SE . — . _ 4� < 2 2TH ST SE`� 212T S '+ 212TH 3T p v W n 97 P;, , �J ly A 5 �11 Z ate. SF SE < < ST 3 TH o > T ST G i S n;21 H S l 213 H F SE 213TH PtrL d 2I4 J n � n S 216TH w F I N * < SE 216TH ST W SE ST Z S 218TH g 2 r ST 219TH ST r.,•. ST SE n P4irrh .� 220 1 w ST INf!uSTRJAL W AREA c � W W m SE 222ND ST a 3 222ND ST ST 1 W = tl S xx2NU � s ►- < ~ 10 W 0 •r - n 7 sE 224TH a ST .. < 12 7 18 13 18 M tl < 60 r r NORT KEN OK o. \ INTC 6 s T /« T -- _ ST S 228TH m r' SE 22BTH PL it 22 SS s 22 ST W �/ tl ? 229N \ PROJECT LOCATION I (P„U lPw p t� ` SE 2ST 1 S 231ST �ST T \ ; NTH�C a ST t S 232NO 2 232ND 232HO W)VAK L ST SE 2: ST n S 94TH Q S I i � n W tl �� Cyr F W S 236TH y O < ST SE WAY < S.237TM FL < n (am) m (pvl) SE 239TH W < E c g259TM © Z W ST y1 'JyU < J N Cam•` z _ Z C` z -C � � 2 a S 2 PLT IS 17 e i ST z ' 2so s z ,..H1. 24 < a SCHOOL < E iA1^'°"C F1d cE sT -C 9Sth Avenue South Watermain Relocation M EER i 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 OPERATIONS COMMITTEE MINUTES MARCH 229 1995 COMMITTEE MEMBERS PRESENT: Jon Johnson- Chair, Leona Orr, Christi Houser STAFF PRESENT: Laurie Evezich, John Hillman, John Hodgson, Mary Ann Kern, Roger Lubovich, Brent McFall, Jim Miller, May Miller, Kelli O'Donnell MEMBERS OF THE PUBLIC: None. The meeting was called to order at 9:35 a.m. by Chairperson Johnson. A vroval of Vouchers All claims for the period ending March 15, 1995, in the amount of $1,377,671.14 were approved for payment. Added Item - COPS Fast Grant Application Captain Jim Miller distributed a packet of information explaining that the Department of Justice COPS Fast program has awarded funding for two police officers based on the original application. Captain Miller explained that the grant could be applied to entry level or lateral officers. The Police Department proposes the use of lateral officers. Captain Miller directed the Committee to the summary page outlining the three proposals that could be utilized with grant funds to gain input from the Council on which option they would prefer. He explained the grant was for $75,000 per officer or 75%, whichever is lower, over three years. Miller explained option one proposes using the majority of the grant monies the first year to offset any burden the City might have in staffing for the Meridian Annexation with the City assuming the majority of the costs for the second and third years. Options two and three take the approach of spreading the grant and City share in equal increments for option two and the grant portion declining over three years in option three. Captain Miller explained that the purpose of the grant was to provide funding for community oriented policing efforts. The proposals are for funding of two dedicated bicycle officers for large apartment complexes, certain businesses and in communication with the schools. Finance Manager May Miller explained that the first option would require about $18,000 from the general government fund and the financial report shows that approximately $60,000 would be available. Option 2 would require budgeting some additional revenue possibly from the RJC permit fees. Option 1 would be preferable with revenue from the RJC and annexation available for the two remaining years. Committeemember Houser asked if these officers were included in the sixteen officers being hired for annexation as well as five support staff. It was explained that this grant was applied for to take care of some of the existing problems in the City. Captain Miller stated that we have seen the success of the bicycle program. Currently the bicycle officers are also used as part of patrol to cover areas of the City in a car. The purpose of this request is to remove the officers from patrol and make two bicycle officers full-time to put on the street. The grant requires that the funds be applied to community functions not regular patrol. During further discussion Committeemember Orr asked if the bicycle officers could be used in the annexation area as part of the City. In other words, they would not be precluded from the annexation area. Captain Miller responded that is correct. Orr moved to recommend Option 1; Houser seconded. May Miller asked if that would include a budget change for 1995. After a response that it would the Committee voted 3-0 in favor of the motion. OPERATIONS COMMITTEE MINUTES, Cont. MARCH 227 1995 Adoption of Animal Control Ordinance City Attorney Roger Lubovich explained that the City has an interlocal agreement with King County for animal control. King County recently updated their code to deal with exotic animals and the purpose of this ordinance is to update our code so it is consistent with theirs. These changes would prohibit the private ownership of exotic pets with definitions of exotic pets. The ordinance allows ownership by museums, zoos, etc. It also provides licensing and regulations for those that had exotic pets prior to the effective date. During further discussion Assistant City Attorney Laurie Evezich explained that our current ordinance has a section on snakes. Evezich requested the Committee to entertain a motion to authorize the City Attorney's Office to prepare the ordinance to amend the animal control ordinance. Orr so moved, Houser seconded the motion passed 3-0. International Park - Yancrzhou Pavilion Parks and Recreation Director John Hodgson reminded the Committee that last fall the City entered into an agreement with our sister city of Yangzhou which included the building of a pavilion. In preparation for construction the plans need to be translated into English and a structural engineer will be required to be on site. Lee and Associates has experience in this area and have prepared a master plan for the park. They will work with Yangzhou to make sure everything is done right and the site is prepared for construction. Hodgson noted that the park is at Burlington Greens and is part of the combined sister cities parks. During further discussion, Hodgson requested $50,000. He indicated $18,000 would be used to interpret the plans, provide structural engineering and on site engineering while building. He noted the remainder of the $50,000 may be used for the five technicians that Yangzhou will be sending to erect the pavilion although it is hoped that a donation from the foundation may pay for their stay in Kent. Houser asked what the City would be giving in return to Yangzhou. After a discussion of options, May Miller recommended that $50,000 be allocated from the 1994 CIP balance since funds are available which would leave the reserve intact. Orr so moved, Houser seconded and the motion passed 3-0. Kent Commons Water Heater Replacement May Miller explained that the Commons has had difficulty with the water heater which is close to rusting out. If this occurred, it could result in serious damage. May stated that staff had worked with the gas company on the possibility of running gas lines to the Commons. This would save $14,500 a year. May recommended a budget of$25,000 to run gas to the building and purchase new tanks. Funding would be from the CIP fund balance. Operation savings would result in savings in the general fund which had not been budget for this year. After further discussion, Orr moved to recommend authorization for a budget of$25,000 from the excess 1994 CIP fund balance to replace the Kent Commons electrical hot water tank with a gas hot water system. Houser seconded the motion which passed 3-0. Page 2 OPERATIONS COMMITTEE MINUTES, Cont. MARCH 22, 1995 Commons Air Conditionind� ndate May Miller reported that an architect had been hired to begin design work for the air conditioning at the Commons. Their initial report indicates that we are $300,000 short of what is needed. Staff has asked for a proposal within $100,000 of the proposed budget. May indicated that the building leased to service agencies required extensive duct work. She proposed that the $66,000 budgeted for water pipes be divided with $50,000 used for air conditioning and the remainder used to work with an architect to assess the project cost for replacing the water pipes in City Hall. She added that John Hodgson has agreed to defer the First Avenue Plaza and transfer the $50,000 budgeted for the Commons air conditioning. It is anticipated other parks projects might have savings that could be used for the First Avenue Plaza. May noted that this was for the Committees information and she would keep the Committee updated. Domestic Violence Staffind Committeemember Houser stated that the Domestic Violence Advocate spoke to the Drinking Driver Task Force and Houser noted her concern over the overwhelming amount of work that she is doing with over 1,000 cases filed last year. She stated that there is currently a part time person that is willing to work full time and asked if the funds could be found to give part time staff to domestic violence which could be expanded to full time after the annexation. She stated that two victims advocates for a City of 60,000 when the case load is so high seems reasonable. Roger Lubovich indicated that the handout had been prepared at the request of Christi Houser and explained that the cost estimates are for either a new position or the expansion of the current person job sharing in the City Attorney's Office to full time. He noted that the cost of expanding the current person is higher but would save training expenses. Roger agreed that the advocate is overwhelmed. He noted his concern for staffing of the court for tracking of domestic violence cases and whether the need is greater in the court. Director of Operations McFall requested that the Committee allow time to look at these issues. During further discussion, Roger noted that a new prosecutor has been hired with extensive background in domestic violence. He explained that staff is working on streamlining the process and addressing repeat offenders and what can be done between enforcement and prosecution. It was determined that Administration would look at the options and report back to the Committee. Requested. Report on Harrison House Committeemember Houser requested a report on Harrison House updating the Committee on subsidies, etc. McFall stated that a report would be presented at a future Committee meeting. February Financial Report Finance Director May Miller distributed the February Financial Report. During her review, May indicated that the Councilmanic Bonds were at 34% of capacity with 50% paid off. On page 10 she noted sales tax came in at 4.2% over budget for March for a cumulative of 5.6% over for the year totaling over $133,000. During further review, May indicated that fines and forfeitures are over budget by $18,000 which might be due to an increasing number of tickets or an increased effort in collections. McFall interjected that fines can take a year or two to be Page 3 OPERATIONS COMMITTEE MINUTES, Cont. MARCH 22, 1995 paid and must be carried on the books but may not be collected. A discussion followed of collection efforts. May stated that water and sewer are also being reported at 4.8% and 3.7% over budget respectively. May added that the drainage increase had been budgeted for the City before it was deferred to next January. She projected that this will result in$80,000 over budget that may be used for the annexation or one time only costs. In reviewing the golf course revenue and expenses, it was reported that food and lessons are up which results in increase costs to the City. May completed her review of the February Financial Report. There being no further business, Committee Chair Johnson adjourned the meeting at 10:40 a.m. Page 4 BRENDA JACO2ER CITY OF 1 (please put in Council agenda packet) CITY COUNCIL PLANNING COMMITTEE MIND ES W� March 7, 1995 4 : 00 PM 0 1995 Committee Members Present City Attorney' s OfficeQ17y Leona Orr, Chair Laurie Evezich LINOLenk Jon Johnson Tim Clark Other City Staff Plannina Staff May Miller Bill Wolinski ^r� 31 Margaret Porter Don Wickstrom pwry0wy Fred Satterstrom Kristin Langley OPFR TEQfr Jim Harris NanSea Potts Other Guests Matthews Jackson Linda Phillips List Available on Request Kevin O'Neill DRAFT KENT COMPREHENSIVE PLAN #CPA-94-1 (L. Orr) Leona Orr, Chair of the City Council Planning Committee, called the public hearing to order at 4 . 00 p .m. Chair Orr introduced the Planning Committee members, Tim Clark and Jon Johnson. Chair Orr explained the progress to date of the Draft Kent Comprehensive Plan. She explained the intended procedures for today' s meeting. She stated that only individuals with new issues will be permitted to testify, and said each person would be allowed three to five minutes to speak. She said another meeting on April 4 , 1995, is proposed before recommending the plan to the full Council, as deliberations will not conclude today. PUBLIC TESTIMONY Raymond Frey R. Frey and Associates 1075 Bellevue Way NE #117, Bellevue Mr. Frey submitted a petition signed by property owners and introduced new testimony concerning extension of the Comprehensive Plan designation previously recommended by the Planning Commission. The subject properties are located on the north side of James Street, from 1st Avenue to 5th Avenue. Mr. Frey asked the Committee to extend the Mixed Use or Commercial designation to include the signatory' s properties, instead of remaining designated Single Family Residential . He said the property is difficult to rent, and high traffic volume on James as reasons to change the designation. 1 CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 7, 1995 Ernie Patty Andover Company 415 Baker Blvd, Tukwila Mr. Patty said he represents two individuals who invested in 4 . 5 acres known as "the old Orillia School" in 1971 which was previously zoned M-1 . He read a letter to the Committee asking for relaxation of the restrictions in this zone to allow full retail and drive-up windows as permitted uses in now the M-I (C) zoned parcel . Nancy Glaser Seattle Solid Waste Utility Ms . Glaser stated that the Seattle Solid Waste Utility agrees with the Planning Commission' s recommended Comprehensive Plan designation of SF-6 for the Kent Highlands Landfill area. She outlined the environmental constraints pertaining to the property. She said the Utility and the City need to work together so as to allow Kent a wide range of affordable housing. Ramona Monroe 3600 One Union Square 600 University, Seattle Ms . Monroe testified on behalf of Michael Lotto, the owner of property on the north side of Southeast 240th, between 116th and 120th Avenues, in Kent' s potential annexation area. She said an operating commercial nursery is presently on the property. Ms . Monroe requested an urban level or low to medium density, multifamily development designation to go with the urban level of services for this area, and to remain consistent with the designation of the property in the King County Comprehensive Plan. She listed several reasons supporting the request including road improvements and availability of sewers . David Halinen 10500 NE 8th St #1900 , Bellevue Mr. Halinen spoke on behalf of Joel Ross' request for an SF-2 designation of the 29 acre site in the Chestnut Ridge area. He read several goals and policies from the Housing and Land Use Elements of the Comprehensive Plan to support of the request for SF-2 . Mr. Halinen presented a chart of the proposed development site, indicating the critical areas . He stated the critical areas were irrelevant to the Comprehensive Plan designation as protection of these areas would be achieved at the time application was made to develop the site . He urged the Committee to approve an SF-2 designation, reminding them the Planning Commission had already recommended approval of an SF-3 designation. Emil Scarsella 11330 SE 240, Kent Mr. Scarsella said he was speaking in behalf of his parents, Sylvio and Teresa Scarsella, who reside at 11405 SE 240th Street . He said the intersection of 116th and 240th Street Southeast should be 2 CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 7, 1995 designated Commercial . He outlined several reasons to support the request including the widening and improvement of 240th, existing small businesses, and the need for local services to the area. Bob Bauer Cascade Conservation League PO Box 58032, Seattle Mr. Bauer submitted two letters in response to staff' s response to denying an Agricultural designation for property located north of South 204th Street . He said staff' s recommendation for SF-1 designation is inconsistent with present and past land use . He submitted snapshots showing the water on the property. Chair Orr closed the public hearing. She said the next meeting will be on Tuesday, April 4th, from 4 : 00 to 6 : 00 p.m. Chair Orr said staff will respond to the new testimony at that time . Fred Satterstrom, Planning Manager, said the staff report is a comprehensive consolidation of testimony and exhibits received from the February 14th public hearing, and additional exhibits received. He distributed a map of the Meridian Annexation Area reflecting technical corrections which will bring the City' s proposal into conformance with existing county zoning. Mr. Satterstrom said a brief discussion of the issues from the report will follow, and Committee members can ask questions concerning the issues . Policy Issues : Issue #1 Capital Facility Staffing - Why is it not included in the Capital Facilities Element? How will safety issues be addressed? Linda Phillips, Planner, said this issue is an information item, and explained the City' s procedure for staffing through capital facility project lists, completed by each department . The form includes equipment costs as well as staffing needs . She said these expenditure amounts are included in the annual budget requests which are approved by the City Council . Regarding increased demands for safety personnel due to annexations, Ms . Phillips said the City has an ongoing departmental needs assessment system which allows for staffing increases for areas needing additional staff . Issue # 2 Request to remove proposed property rights section from the Land Use element . Ms . Phillips said a requirement of the Growth Management Act is that cities include goals for respecting private property rights . She said the City added goals in its framework planning goals, which set policy for respecting private property rights . She said the City does support private property rights, but also supports the present system of land use regulation. The Comprehensive Plan also supports making changes to balance the needs of the community 3 CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 7, 1995 and the needs of individual property owners . Possible alternatives would be cluster housing and lot size averaging. Ms . Phillips id staff supports the request to strike the proposed addition to the property rights section. Committee member Johnson offered to assist staff in drafting the language to address government down-zoning of private property, and clarifying arbitrary loss as opposed to discriminatory loss . Planning Committee member Johnson MOVED to delete the Planning Commission' s recommendation on property rights and recommend to the Council, with some modified language change which will be presented at the next meeting, regarding property rights in the framework policies . Planning Committee member Clark SECONDED the motion. Chair Orr clarified that the Committee is not making a recommendation as to the specific language, but will do so at the next meeting. The motion CARRIED unanimously. Issue #3 Overlap in Potential Annexation Area Boundaries Kevin O' Neill , Senior Planner, said the letter from the Cascade Conservation League' s letter is correct in stating Kent' s potential annexation boundary does overlap with Tukwila' s and SeaTac' s potential annexation area . He said that the Countywide Planning Policies discourage overlap of boundaries , and that Planning staff from the three cities were meeting to try to resolve this issues . Correction to the boundary may be completed before the plan goes to the full Council for consideration. When asked by Chair Orr what designation the other cities assigned for this area, Mr. O'Neill said SeaTac did not make a designation in their draft plan and that but the final plan has not arrived. Mr. O'Neill was not aware what Tukwila' s designation for the area was, and would report back to the Committee . Issue #4 Designation of Wetland and Critical Areas Mr. O'Neill responded to an inquiry made by Cascade Conservation League stating the Wetland/Critical areas maps are incomplete . He said in 1990 and 1991, the City completed a comprehensive wetland inventory to update the critical areas regulations . Mr. O'Neill said during the course of developing the Draft Environmental Impact Statement and Draft Comprehensive Plan, the City became aware of the need to update this information both for the existing city limits and potential annexation areas . Policies in the Land Use Element support this effort . This project is underway as it is included in the Planning Departments' 1995 work program, and other departments are assisting with effort . 4 CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 7, 1995 Issue ##5 Adequacy of the City' s water supply plan. Don Wickstrom, Public Works Director, said the City has a water supply comprehensive plan which assesses the adequacy and development options to accommodate Kent' s future water needs . Originally developed in the early 19801s, he said it was intended to span the needs for the next fifty years . He acknowledged impoundment of property which contained a substantial amount of wetland area, and said mitigation will be necessary on the impacts created. Chair Orr asked for a clarification if the City' s reservoir is inside the city limits of Kent . Mr. Wickstrom said a special state law allows annexation of property purchased for municipal purposes by a city. He said the project is proposed to be on line in the year 2008 , and with a five year lead time, the reservoir project is in the City' s long range plans . Mapping Issues Site A 78th Avenue Properties Mr. Satterstrom said the testimony was divided for requests for agriculture or industrial zoning. He said this area is entirely in the County and zoned Agriculture . King County' s Comprehensive Plan also designates this area as agriculture . Upon inquiring with King County on the present status of their development rights purchase program, Mr. Satterstrom said they reported approximately $1 . 4 million is still available, pending the King County Council' s authorization to spend it . Another $3 million was appropriated in the King County 1995 budget, making the total amount available to purchase development rights approximately $4 . 5 million. Final determination of purchasing the 78th Avenue properties will be decided when certain conditions are met . A letter from King County Executive Gary Locke was read by Chair Orr which sunnorted Mr. Satterstrom' s statements, stating recommendation of appropriation of the funds will be made by the Agricultural Commission by the end of the year. Committee member Johnson asked Mr. Satterstrom if this area had a suffix zoning attached which would allow for a higher use . Mr. Satterstrom said to his knowledge, the County discontinued the policy of assigning a potential zoning. Committee member Clark questioned consistency in Comprehensive Plan designations for adjacent parcels of land. Mr. Satterstrom said consistency is not an issue as the City and the County have the same proposed designation of Agriculture for this 75 acre area. 5 CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 7, 1995 Action was deferred to the next meeting. Site B Matelich Property - Request for Commercial Designation Matthews Jackson, Planner, said this site is located between the Kent-Des Moines Road and Frager Road, and said staff' s recommendation remains agriculture . The issues supporting staff' s recommendation included the negative impact of increased traffic on Frager Road, existing surrounding agricultural land uses, and the precedence a commercial designation would set for future properties on Frager Road. Action was deferred to the next meeting. Site C Lands adjacent to agricultural area west of the Green River. Mr. O'Neill said additional testimony today from Ms . Glaser and Mr. Bauer was relevant to his response . He asked Chair Orr if the new testimony should be considered before staff responds . Chair Orr agreed and deferred Site C staff' s response until the next meeting. Site D Industrial designation for area on Russell Road designated as Open Space . Mr. O'Neill said due to a major Public Works project, a few parcels of private property adjacent to the project was designated as open space in the Comprehensive Plan. He said this should not be designated open space, and an Industrial designation would be more appropriate for this area. However, he said the area should not be zoned to a more intensive industrial designation then it has presently, due to its location and lack of sewers . Action on this deferred to the next meeting. Site E 2907 S 244th Ms . Phillips gave the background concerning this property, stating this property was zoned as Mobil Home Park, and their request for a commercial designation. Ms . Phillips said staff agrees this property should be zoned as the surrounding commercial properties . She said, after adoption of the Comprehensive Plan, the designation would be Mixed Use Limited Multifamily which would allow commercial uses . In response to Chair Orr' s question why the City couldn' t zone it commercial now, Ms . Phillips explained the term Mixed Use Limited Multifamily is a new designation which would blend commercial and residential uses . 6 CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 7, 1995 Action was deferred until the next meeting. Site F Change in density for a 29 acre site between South 208th and 212th Streets, east of 92nd Avenue South. Mr. O'Neill deferred comments until further review of the new material presented. Site G Mixed Use Designation on West Hill Mr. O'Neill said this is a mapping issue as well as a policy issue . He said the recommended designation for West Hill, along Pacific Highway South is Mixed Use Limited Multifamily. He discussed the intent of the designation is to ensure stand-alone multifamily project would not be permitted, provides closer proximity of residential to services and jobs, utilization of the potential light rail transit system as well as helping to achieve the City' s housing target for the Comprehensive Plan. Action was deferred to the next meeting. Site H 240th and 116th Avenue SE - Request for Commercial Design Mr. Satterstrom said even though comments were given on this issue today, he wanted to make a few comments . He said testimony was received concerning each corner of the intersection, however only " parcels west of 116th Avenue were located within the City limits . Property east of 116th is in unincorporated King County. Also, parcels south of 240th Street and east of 116th Avenue are in the proposed Meridian annexation area. Mr. Satterstrom said an SF-6 designation was recommended by staff and the Planning Commission. He said a couple of residential plats have been established in the area since Council adopted an amendment which allowed for a 20o reduction in multifamily housing east of 112th Avenue . To reinforce the interest for additional single family, Mr. Satterstrom said an application for a tentative subdivision was requested today for a location in this vicinity. He said additional comments will be made regarding this issue at the next meeting. Site I 256th Street at 127th Avenue - Request for Commercial Designation. Matthews Jackson explained the Comprehensive Plan designation for this property is SF-1 to 8, consistent with King County' s designation, and is within the potential Meridian annexation area. He said staff recommends not making designation changes in this area until the entire Comprehensive Plan and zoning update for this area is completed. 7 CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 7, 1995 In response to Committee member Clark' s question whether there was y anything to gain by zoning it now, Mr. Jackson said there was not , as there would be additional requests on other issues and properties to consider from the public hearings during the annexation process . Chair Orr requested staff to prepare a response to the new information received, and a brief report for previous issues discussed this afternoon for the April 4, 1995 Planning Committee meeting. She thanked the attendees for interest, input and time, and instructed them to forward additional comments in writing to the Committee within the next two weeks . She said she does not anticipate additional testimony at the April 4th meeting. Chair Orr adjourned the meeting at 5 :45 p .m. 8 CITY OF LuLt�2�� CITY COUNCIL PLANNING COMMITTEE MINUTES March 21, 1995 3 : 00 PM Committee Members Present City Attorney' s Office Leona Orr, Chair Roger Lubovich Jon Johnson Laurie Evezich Tim Clark Plannina Staff Other City Staff Jim Harris Margaret Porter Betsy Czark Other Ouests Sally Gilpin Lin Ball Judy Woods Dave Daniels 1996 LOCAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) STRATEGIES AND FUNDING LEVELS - (S . Gilpin) Planner Sally Gilpin explained the 1996 Local Program Strategies and Funding Levels as indicated in the agenda packet . This year Policies are being called Strategies . They are for a four-year period of time (1996-99) , instead of for one year. Each year the City qualifies to receive Community Development Block Grant funds from the County to fund both capital and public services projects . The estimated amount is $372 , 089, which is $112 , 661 less than the City received for its 1995 program. She said the City of Kent qualifies to receive "pass-through" funds for its 1996 CDBG program. Staff requested that the following actions be approved: 1 . Approval to accept 1996 Pass-Through funds . 2 . Allocate the maximum available to the City of Kent for Public (Human) Services ($56, 884) . 3 . Allocate the City' s fair share maximum of 1996 Pass-Through funds to Planning and Administration ($52 , 313) . 4 . Approval of the proposed 1996-1999 Local CDBG Strategies . S . Forward this recommendation to the full City Council for consideration at its April 4 , 1995 meeting. Councilmember Clark MOVED and Chair Orr SECONDED a motion to approve the aforementioned five (5) actions . Motion carried. This vote was by only two Council members because Jon Johnson was late to the meeting. SEVERE WEATHER SHELTER PROGRAM UPDATE - (S . Gilpin) Planner Sally Gilpin reported that the Planning Committee in 1992 directed the Office of Housing and Human Services staff to explore CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 21, 1994 PAGE 2 viable options for sheltering homeless single men on cold weather nights in an efficient, cost effective manner. This directive was instigated by the lack of funds in Catholic Community Services (CCS) Severe Weather Shelter Program over the past few years to shelter the homeless in hotels/motels throughout the cold weather months . By December of 1993 for example, CCS' s funds had run dry. At that time the City responded by allocating an additional $1, 532 in order to provide hotel/motel vouchers to the homeless through the end of the year . The weather was extremely cold at the time and the City took appropriate emergency measures to prevent the possibility of having homeless persons dying on the streets . Sally said inn response to this directive, Human Services staff contacted local congregations and human service agencies in an effort to gain community support, understanding, and involvement with the City' s homeless problem. The Office of Housing and Human Services provided interested churches with the information and technical assistance they needed to start a "pocket shelter" modeled after successful programs in other areas of the county. As a result, two churches have implemented pocket shelters in their buildings . The shelters provide sleeping accommodations and meals to homeless single men, as well as companionship and the one on one contact they need in order to turn their lives around. The shelters are run solely by volunteers, church staff and donations . Grace Fellowship Church has been operating since January of 1994 , and is open four nights a week. Seventh Day Adventist Church has been operating since Fall of 1993 and is open one day a week. These pocket shelters have lessened the cost for the CCS Severe Weather Shelter Program. She said 1994 proved to be the first year that CCS did not run short of funds and actually saved money and that $6 , 028 of unexpended money was left in CCS' s 1994 Severe Weather Shelter Program. She reported the statistics below showing a comparison between CCS' s Severe Weather Shelter program in 1993 and 1994 and that CCS was able to serve more homeless Kent clients with less money: Catholic Community Services Severe Weather Shelter Procrram Unduplicated Kent Cost per Clients Served Bednights Bednight 1993 232 832 $22 . 50 1994 411 1, 237 $12 . 30 Total dollar amount CCS program spent in 1993 = $18 , 532 Total budgeted to CCS program in 1993 = $17, 000 + $1, 532 (emergency allocation) Total dollar amount CCS program spent in 1994 = $17, 971 Total budgeted to CCS program in 1994 = $24 , 000 CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 21 , 1994 PAGE 3 The question came up by Chair Orr as to how committed the churches are . Sally mentioned the biggest problem is finding two volunteers to spend the night to provide supervision. This is difficult with the volunteers commitment to their own families and jobs . Sally stated the City needs to keep our options open to other viable options since there is only two shelters operating right now and knowing that the homeless population is not going to go away. Manager Lin Ball also stated the future viability of the shelters is uncertain due to burnout . REGIONAL MECHANISM FOR ADDRESSING SOUTH KING COUNTY HOUSING ISSUES - (D Daniels and B. Czark) Manager Lin Ball reported that the Forum has invited the City to participate with other South King County cities in exploring a regional mechanism for addressing housing issues and needs . The new chairperson of the Forum, Dave Daniels, reported that a year and a half ago the Forum came together with a group of human services providers and other interested parties to look at what was happening in South County and how to support a regional-wide program. This program is not intended to take anything away from those jurisdictions but a way to support South County. The resounding vote at the October 1, 1994 Housing Conference was that a major region-wide program is needed. _d He reported 40% of the population in Kent is low and moderate income individuals . Community wide, Mr. Daniels stated 25% of the people in Kent are spending 300-. of their income on housing. Dave said the purpose of the Forum is to find out if the communities and cities want to be involved with the development of this program. He mentioned a follow-up Summit is being planned in August of the communities leadership as well as planning individuals to summarize the needs and expectations of communities . He said there is a regional funding operation going on where the County is looking at funding availabilities for housing that is in the region and how they might develop that funding, bring it to the table, and then distribute the that funding back into the community or into the County itself . Staff requested that the following actions be approved: 1 . The Planning Committee recommends that the City of Kent participate with other South King County cities in exploring a regional mechanism to address South County Housing needs and issues . 2 . Forward this item to the City Council on April 4th for consideration by the full Council . Councilmember Clark MOVED and Johnson SECONDED a motion to approve the aforementioned two (2) actions . Motion carried. (All three council members were present . ) CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 21, 1994 PAGE 4 NORTHWEST POTENTIAL ANNEXATION BOUNDARY BETWEEN TUKWILA AND KENT - (J. Harris) Planning Director Jim Harris presented a map on a suggested change to Kent' s potential annexation area boundary as it affects the northwest area of the City. He said the City of SeaTac is proposing to annex an area lying adjacent to Kent ' s existing City boundary along South 204th Street and referenced the attached map in the agenda packet . This annexation is called the City of SeaTac - Coluccio Annexation. Kent and Tukwila are protesting this annexation and will testify at a Boundary Review Board hearing, scheduled for April 19 , 1995, to consider protests filed with the Board by Kent and Tukwila . This proposed annexation is located in Kent' s, Tukwila' s and SeaTac' s Potential Annexation area . Kent' s Potential Annexation area extends northerly from South 204th Street to approximately South 190th Street (extended) and westerly to the existing SeaTac City boundary. In the memo in the agenda packet, Mr. Harris stated that property owners north of South 204th are oriented to either SeaTac or Tukwila and desire to develop business parks or other industrial type uses and Kent' s City Council is on record not to extend sewer service into the Potential Annexation area, staff recommends that Kent pull its Potential Annexation Boundary southerly to South 204th Street in a line extending westerly from the Green River to Orillia Road. This new line will almost totally coincide with Kent ' s current City boundary. He said this action will not jeopardize the proposed 192/196 Street Corridor project, which will be located along the South 200th Street right-of-way, since Tukwila, which is the most likely city to ultimately annex the area north of South 204th Street, is a strong advocate of the corridor project . Councilmember Clark MOVED and Johnson SECONDED a motion to pull Kent' s Potential Annexation Boundary southerly to South 204th Street in a line extending westerly from the Green River to Orillia Road. Motion carried. STATUS ON SCHOOL IMPACT FEEDS - (R. Lubovich) Since King County has an impact fee ordinance in place, and the Meridian annexation would result in loss of funding to the Kent School District since the City of Kent currently has no such impact fee ordinance, City Attorney Roger Lubovich brought a resolution to the Committee for their review. The resolution gives the Council the opportunity to decide on whether they want the Law Department to proceed in the preparation of a school impact fee ordinance and to present it for the Council ' s consideration . Roger said this ordinance is extremely complicated and requires a lot of time to prepare so it would be helpful to know the Council ' s direction. CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 21, 1994 PAGE 5 Councilmember Johnson MOVED and Clark SECONDED a motion to approve the resolution and to forward the recommendation to the full Council on April 4 , 1995 . (Consent Calendar) Motion carried. ADDED ITEMS MORATORIUM RELATING TO LAND USE AND ZONING OF ADULT ENTERTAINMENT - EXTENSION FOR SIX MONTHS OR UNTIL ZONING IS IN PLACE - (R. Lubovich) City Attorney Roger Lubovich reported to the Committee that the Council passed an emergency ordinance (Ordinance No . 3185) on September 20 , 1994 imposing a moratorium on the issuance of permits and on the acceptance of applications for permits for adult entertainment businesses . Roger stated this ordinance is expiring and he requesting the Committee approve setting a hearing date at the next Council meeting and present an ordinance very similar to the original ordinance. Councilmember Johnson MOVED and Clark SECONDED a motion to set a hearing date at the next Council meeting and to present a revised ordinance to the Council relating to imposing a moratorium on the issuance of permits and on the acceptance of applications for permits for adult entertainment businesses . Motion carried. ADJOURNMENT The meeting adjourned at 3 : 50 p.m. PC0321 .MIN CITY OF 1 Q,� u CITY COUNCIL PLANNING COMMITTEE MINUTES April 4, 1995 4 : 00 PM Committee Members Present City Attorney' s Office Leona Orr, Chair Laurie Evezich Jon Johnson Tim Clark Other Citv Staff Planning Staff Gary Gill Ed White James P. Harris Fred Satterstrom Guests Margaret Porter Chris Holden List Available on Request Matthews Jackson Linda Phillips Kevin O'Neill Leona Orr, Chair of the City Council Planning Committee, called the meeting to order at 4 : 05 p.m. , and introduced Planning Committee members Jon Johnson and Tim Clark. Chair Orr said another item has been added to today' s agenda. Jim Harris, Planning Director, displayed a map of the City and surrounding potential annexation areas (PAA) , indicating shaded areas which are to be removed from Kent' s PAA. Mr. Harris explained the PAA and the Meridian annexation area should be coterminous . He indicated another area in the Meridian annexation area southeast of SR 18 which was previously designated as Rural by King County, and therefore not eligible for annexation to the City of Kent and this should be removed from the PAA boundary. He indicated the general boundary of the area as the north side of South 282nd at the east side of the Green River; easterly to 132nd Avenue SE; southerly to South 288th Street and easterly to Highway 18 , then northeasterly along Highway 18 to 152nd Avenue S .E. Mr. Harris said Auburn has agreed to the PAA boundary revision. Committee member Johnson MOVED to accept Planning Staff' s recommendation to delete the areas noted on the map from Kent' s Potential Planning Area. Committee member Clark SECONDED the motion. The motion CARRIED unanimously. DRAFT KENT COMPREHENSIVE PLAN #CPA-94-1 (L. ORR) Chair Orr introduced a packet of information and said each item will be discussed, with staff responding to each new item contained in the report . She said another meeting will be scheduled should the Committee fail to deliberate on each item today. However, she 1 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4 , 1995 said, if deliberations are concluded, the Planning Committee plans to make their recommendation to the full City Council, who may make further recommendations since a vote of four of seven is required to approve the recommendation. Chair Orr said the decisions made by the Planning Committee may not please everyone, but issues may be reviewed on a yearly basis in the form of plan amendments . Committee member Johnson said as a prior Planning Commissioner, and now, a City Council member, with experience in two Comprehensive Plans, he wished to commend the public for an excellent job in testifying and submitting exhibits to clarify their individual positions . He said this effort made the Planning Committee' s job easier. Committee member Johnson MOVED that all lands located in unincorporated King County of the Comprehensive Plan, except in the Meridian Annexation Area, retain their current county Comprehensive Plan designation. Committee member Clark SECONDED the motion. Discussion: Committee member Johnson said he offered the motion because King County recently held hearings on their Comprehensive Plan designations and zoning. He said the areas not within the City' s jurisdiction should follow current King County designations and zoning. He said since the Meridian annexation is underway, it would be redundant to make changes now, and then go through the process again at the time of the annexation. Committee member Clark said he was concerned about finding stability between prior King County zoning and new Comp Plan designations . Chair Orr added that complete and accurate County maps of the Potential Annexation Areas are not available, so adoption of inaccurate Comp Plan designations could be inconsistent with County designations . She said if, or when any areas of the county are annexed into the City, each of these areas would be individually reviewed, using the City' s policies and objectives, possibly changing some of King County' s designations . She said she felt Committee member Johnson' s motion is appropriate and is in the best interest of the City and County to adopt their plan. She said staff will try to acquire King County' s final map of Comprehensive Plan designations before the April 18 , 1995 City Council meeting. Council member Clark requested the specific areas in question be identified on the map . Chair Orr said Map Site A (78th Avenue Properties) and Map Site J (240th Street and 116th Avenue) would be affected by this motion, but applies as well to any other area in unincorporated King County, not included in the Meridian annexation area. Fred Satterstrom, Planning Manager, asked Committee member Johnson to clarify for the record, if his motion would include the technical corrections entered into the record for the Meridian annexation area which were originally presented by staff on 2 CITY COUNCIL PLANNING COMMITTEE MINUTES ». APRIL 4 , 1995 February 14 , 1995, with copies distributed at the March 7th meeting. Council member Johnson said he wished to make a friendly amendment to his original motion, to include the technical corrections made by staff to the Meridian annexation area. Committee member Clark concurred. Discussion: Chair Orr requested that all testimony by the public remain very brief . Paul Morford, of PO Box 6345, said County and City zoning are not the same and perhaps the City should make changes now to cover those issues . Chair Orr said specific issues were not being considered, and only the Comprehensive Plan is being considered. She said staff would address individual issues . Committee member Johnson added that changes should not be made until the final King County designation maps are available . The motion CARRIED unanimously. Mar) Site B - Matelich Property (Frager Rd and Kent-Des Moines Rd) Request for Commercial Designation Committee member Johnson MOVED to retain Map Site B as Agricultural (A) . Committee member Clark SECONDED the motion. Discussion: Committee member Johnson said based the City' s long history of supporting agricultural uses, and considering testimony and information given regarding inadequate roads and utilities in this area, a designation other than agricultural would lend to more intense uses of agricultural areas nearby. The motion CARRIED unanimously. Map Site C - Lands Adjacent to Agricultural Area West of the Green River Chair Orr asked staff if any of this area is included in the revised boundary of Kent' s Potential Annexation Area. Mr. Harris indicated the subject area and outlined the area, confirming that indeed Map Site C was included in the area to be removed from Kent Is PAA. He stated the boundaries of the area to be removed as South 204th Street, along the Green River up to South 190th Street, and to the west by Interstate 5 . Mr. Harris answered Committee member Johnson' s question stating the remaining portion of the area is recommended as SF-1, consistent with existing King County zoning. Committee member Johnson MOVED to designate the area south of 204th Street as SF-1 . Committee member Clark SECONDED the motion. The motion CARRIED unanimously. 3 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4 , 1995 Committee member Johnson MOVED to designate the area known as the Kent Highlands as SF-3 . Committee member Clark SECONDED the motion. The motion CARRIED unanimously. Mao Site D - Russell Road Adjacent to the City' s Green River Natural Resources Enhancement Area Project Committee member Johnson MOVED that Map Site D be designated Industrial . Committee member Clark SECONDED the motion. The motion CARRIED unanimously. Mao Site E - Barnes Property at 2907 South 244th Street, Request for Commercial Designation. Committee member Johnson MOVED Map Site E be designated as Commercial . Committee member Clark SECONDED the motion. Discussion: Committee member Johnson said the area was better suited for a Commercial, rather than a Mixed Use Limited Multifamily or a Mobil Home Park designation. Chair Orr explained the history concerning prior zoning determinations, and reasons supporting the Barnes' request for a Commercial designation. The motion CARRIED unanimously. Man Site F - 29 Acres between South 208th and 212th, East of 92 Avenue South.. Committee member Johnson MOVED to designate Map Site F as SF-1 . Committee member Clark SECONDED the motion. Discussion: Committee member Clark said he was offended by the contact made by outside developers inferring that due consideration was not given to allowing a higher density for this area. Chair Crr said several letters were received which will become part of the public record. She said she supports . Committee member ,ohnson' s motion, citing several environmental constraints in support of the SF-1 designation, and the fact that this area was zoned during the annexation process approximately one year ago. Committee member Johnson added that steep slopes, poor drainage and access to the area for emergency purposes support the SF-1 recommendation. ^he motion CARRIED unanimously. Mao Site G - Mixed Use Designation on West Hill Committee member Johnson MOVED to change the designation to Commercial for Map Site G. Committee member Clark SECONDED the motion. 4 CITY COUNCIL PLANNING COMMITTEE MINUTES w APRIL 4 , 1995 Discussion: Committee member Johnson said Commercial was a more appropriate designation for this area, and Committee member Clark stated the residents of this area were very interested and vocal against a Mixed Use designation. Chair Orr added that the Mixed Use designation was based on the light rail vote passing, and since it did not, Commercial was a more appropriate designation. The motion CARRIED unanimously. Mao Site H - Corner of SE 240th Street and 116th Avenue SE - Request for Commercial Designation Committee member Johnson MOVED to retain an SF-6 designation for Map Site H. Committee member Clark SECONDED the motion. Discussion: Committee member Johnson said since recent single family development on the north side of SE 240th, he supports the need for additional single family housing on East Hill . He also stated a number of vacant commercial sites within a five minute drive from the area, and if the requested area were to become commercial , additional widening would be required on 116th Avenue, adding to the traffic congestion in the area. Committee member Clark said traffic has been a major concern of the citizens of Kent, and a commercial development already exists just one block " west of the SE 240th Street and 116th Avenue intersection, with several vacancies . Chair Orr concurred with the commends and said commercial development at this site did not make sense . The motion CARRIED unanimously. Mar) Site I - Property along SE 256th Street - Request for Commercial Committee member Johnson MOVED to keep the current King County designation for Map Site I, since this area is located within the Meridian Annexation Area . Committee member Clark SECONDED the motion. Discussion: Chair Orr said changes could be made to this area through the annexation zoning process . The motion CARRIED unanimously. NEW ISSUES SINCE MARCH 7 , 1995 MEETING Ma'o Site J - Property located in the northeast corner of the intersection of SE 240th/116th Ave SE Chair Orr said this area is in the County and will retain the " existing King County Comprehensive Plan designation. 5 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4, 1995 Map Site K - Orillia School Site at South 182nd and 72nd Avenue South Linda Phillips, Planner, stated the request for allowing broader retail uses, specifically drive-up windows in the MI-C zoning areas . Ms . Phillips gave information on the basis for the "C" suffix, stating the 1986 Valley Industrial Study was not included in the Comprehensive Plan Industrial Goals and Policies . Staff' s recommendation would be to include the following policy in the Comprehensive Plan: Policy LU-16 .4 - To expand retail opportunities to provide necessary personal and business services for the general industrial area, implement the recommendations of the West Valley Industrial Study regarding potential areas for expanded retail opportunities for properties within the MI Industrial Park district. Chair Orr asked Mr. Durkan if this policy would address his question. Martin Durkan, Jr. , of 330 SW 43rd, Renton said he represents the Boeing Masabe Trust, a Boeing Family Investment Group, which purchased nine tax lots located at the old Green River Corporate Park. He said he requests the same consideration, and stated that drive-up windows relieve traffic congestion. Mr. Harris said the intent of staff is to give the broadest scope of alternatives to the policy, rather than stating each retail opportunity specifically. Committee member Johnson MOVED to retain the existing Industrial designation for Map Site K, and add the Land Use policy 16 . 4 as recommended by staff . Committee member Clark SECONDED the motion. The motion CARRIED unanimously. Map Site L - North side of James Street, from 1st to 5th Avenue Matthews Jackson, Planner said the property owners have requested by petition, a City Center or Commercial designation, stating these properties are difficult to rent for residential uses because of noise generated from James Street . Also stated was the potential of loss in value when the Regional Justice Center (RJC) is completed in 1997 . Mr. Jackson said after review of the history of this area, and downtown studies, staff' s recommendation remains SF-8 . He said further review of the impact upon completion of the RJC could be made to see if a change is warranted. Committee member Johnson MOVED to retain Map Site L as SF-8 . Committee member Clark SECONDED the motion. 6 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4 , 1995 Discussion: Committee member Johnson concurred with Mr. Jackson' s comments, saying a change in zoning now would be premature since the RJC is not built, and perhaps property values could increase . He said this area should remain as a residential neighborhood. Committee member Clark concurred and Chair Orr added that it is not the right time to expand the downtown commercial core area. The motion CARRIED unanimously. Map Site M - Residential Land located near SR 167 Mr. Satterstrom said this situation is similar to the noise complaint of previous map site . The area is 15 acres along the Valley Freeway at 222nd Street and the exhibits claim that the property in unmarketable as residential property due to the traffic noise. Mr. Satterstrom said the owners are requesting either a Commercial or Commercial Manufacturing designation, to remain consistent with properties to the south. Mr. Satterstrom said as this issue was received by staff on the last day open for testimony, and that other residents of the neighborhood would be impacted by a change from Single Family to Commercial . He suggested this issue be handled through a plan amendment process , which could be done upon completion of the overall Comprehensive Plan. Committee member Johnson MOVED to retain Map Site M as SF-6 . Committee member Clark SECONDED the motion. Discussion: Darcy Davis, of 22204 88th Avenue South, said she cannot sell her home due the freeway noise, and the Department of Transportation has concurred that the home is uninhabitable. She asked the Committee why a farm for sale located nearby can advertise as commercial property and she cannot . Chair Orr clarified staff' s position to Ms . Davis, stating briefly the major impact of this late request, and that the matter can be addressed after full consideration and due public process once the Comprehensive Plan is adopted. Chair Orr asked Ms . Davis to contact staff for the proper procedure in pursuing her request . Joan Longstrom, of 22202 88th Avenue South, said the reason this issue arrived late was due to the recent arrival of a real estate appraisal which stated the home was virtually unsalable as a residence due to noise . She explained that due to the addition of two more lanes and a turn lane, they cannot enjoy television or sitting outside . She said the State has declined any responsibility, and the only way to sell the home is to acquire a change to commercial zoning. Chair Orr explained that it is not appropriate now to make the change without fully evaluating the issue and due public process . Mr. Satterstrom explained that State guidelines on processing 7 CITY COUNCIL PLANNING COMMITTEE MINUTES y APRIL 4 , 1995 comprehensive plan amendments require they are handled cumulatively on a yearly basis, and in answering Commissioner Johnson' s question, stated a rezone process through the Hearing Examiner would probably be denied as the requested Commercial or Commercial Manufacturing designation is not consistent with the Comprehensive Plan. Ms . Longstrom said neighboring property (Tonelli) is already zoned commercial , and the remaining five houses are all requesting the same consideration, therefore there is no one left to complain about the commercial designation. When Committee member Johnson asked staff if the Tonelli property was changed to commercial by a rezone, Mr. Satterstrom answered that it had be rezoned a long time ago, and that the area in question is the dividing line between the low-lying Tonelli CM property and the topographical area of single family housing . Committee member Johnson said although he sympathizes with the situation, he is retaining his original motion for an SF-6 designation for Map Site M. Committee member agreed, and said further changes to this area needs to be discussed. The motion CARRIED unanimously. Man Site N - East side 100th Avenue SE, north of 240th Kevin O'Neill indicated the subject area on the map and gave the zoning and development history, which included a down zoning from MRM (Medium Density Multifamily) to R1-5 . 0 in 1990 . He said as there are no single family houses in this area, staff' s recommendation is to designate the area LDMF (Low Density Multifamily) , to remain consistent with existing multifamily uses . Bill Dinsdale, of 13700 SE 266th said the intent of his request was to ask that his units become conforming with a zoning of MRM designation so if the structures were destroyed, they could be rebuilt as they are today. He suggested a possible suffix could be added to prohibit construction of additional units . In response to Chair Orr' s question regarding rebuilding the apartments as they are today, Laurie Evezich, Assistant City Attorney said that their insurance carrier determines over fifty percent of the building was destroyed, they could not rebuild the units at the MRM density. Mr. O'Neill suggested to assist Mr. Dinsdale' s issue, that during the zoning code implementation, simply eliminate a date which residential development would not be non-conforming by its density. Committee member Johnson MOVED to change Map Site N to Low Density Multifamily. Committee member Clark SECONDED the motion. The motion CARRIED unanimously. 8 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4 , 1995 Map Site 0 - Property located at the SW corner of 240th Street and 120th Avenue Ms . Phillips said this area is located in King County, but located in Kent' s annexation area . She said the request was made for MRD, and that staff' s recommendation of SF1-8 be retained, consistent with current King County zoning. Committee member Johnson MOVED that Map Site 0 be designated SF1-8 . Committee member Clark SECONDED the motion. Discussion: Mr. Morford clarified his request for Multifamily Duplex stating the surrounding properties and noise factors which support his request for a transitional buffer of duplexes . Committee member Johnson said he felt a buffer was not particularly needed between multifamily and residential, and stated possible improvements to 240th. He said he felt SF1-8 was appropriate and Committee member Clark agreed. Chair Orr stated a resolution was recently adopted which ensured the residents of the Meridian area that the City was not annexing their area in attempt to rezone their property for future multifamily uses . The motion CARRIED unanimously. Mari Site P - West side of 116th Avenue SE, north of S 259th Street Mr. Jackson indicated the two lots on the map, stating the owners request from SF-8 to Medium Density Multifamily (MDMF) , or 23 units per acre . He said the reason for the request was to create a buffer between existing multifamily property. Mr. Jackson said staff' s recommendation is to retain the SF-8 designation. Tom Sharp, of 11126 SE 256th Street, said he only requested the Committee consider MDMF for a small section approximately a quarter of an acre, not the entire two lots . Mr. Satterstrom read from the letter dated March 21, 1995 from Mr. Sharp which describes the two parcel numbers, and total square footage . He said staff made their recommendation from this exhibit . Committee member Johnson asked if it was proper at this time during comprehensive plan deliberations to make changes to site specific parcels particularly when designations are made which split property. Mr. Sharp indicated the area again on the map, stating a surveyed fence line exists at the end of Sequoia village, and extension of that line north would section off the quarter of an acre area he wishes to have redesignated. 9 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4 , 1995 Mr. Harris said this was not the time to deal with site specific issues, and the issue at hand is the Comprehensive Plan. Chair Orr agreed, and said perhaps a rezone or plan amendment would be a more appropriate procedure to resolve this issue . Committee member Johnson concurred. Committee member Johnson MOVED that Map Site P retain SF-8 . Committee member Clark SECONDED the motion. The motion CARRIED unanimously. Chair Orr said Committee member Johnson and Kevin O'Neill worked to formulate appropriate language to create an additional goal pertaining to property rights . The goal states : The City shall protect the rights of private property owners from arbitrary and discriminatory actions, while continuing to make land use and zoning decisions which regulate the use of land to promote the public health, safety and general welfare of the citizens of Kent. Committee member Johnson MOVED to add goal number four as stated in the staff report, to the Property Rights section of the Framework Goals and Policies, of the Draft Kent Comprehensive Plan. Committee member Clark SECONDED the motion. Discussion: Committee member Johnson said the purpose of the language was to address land use decisions made for the purpose of public health, safety and general welfare of the citizens of Kent . The motion CARRIED unanimously. Chair Orr said she received a petition from an East Hill neighborhood requesting to retain an SF-3 (12, 000 square foot lot) designation. She asked Mr. Satterstrom to indicate the area on a map. Mr. Satterstrom described the boundaries of the subject area as just off the Benson highway. He said the lots are located north of South 244th Street, extending south of 248th Street along 116th Avenue to 256th Street, west adjacent to the apartment complex, north to 248th Street and west to abut the commercial lots facing Benson Highway (104th) . Chair Orr stated that development is occurring at the intersection west of 116th Avenue and south of 248th Street, and asked for a motion to retain this area as SF-3 . Committee member Clark MOVED that this area retain an SF designation. Committee member Johnson SECONDED the motion. The motion CARRIED unanimously. Chair Orr asked the Committee members if they recommended any changes be made to Addendum A, which reflects the Planning Commission' s recommendations . 10 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4 , 1995 Committee member Johnson MOVED that Map Site C (Recruest for Low Density Multifamily) be changed to SF-6 . Committee member Clark SECONDED the motion. Discussion: Mr. O'Neill indicated the area on the map, stating its location as 248th and 108th Avenue SE . Committee member Johnson said it seemed appropriate that this area remain single family. Chair Orr said she agreed with the recommendation as this area has enough multifamily as reflected by the high turnover rate at the nearby school . The motion CARRIED unanimously. Committee member Johnson requested a zoning clarification by King County for the Ranniger property, Area E . Mr. Satterstrom said it was zoned Multifamily, but was not sure of the exact density. Committee member Johnson also inquired if the Planning Commission changed any King County designations while completing annexation zoning for the East Hill/Ramstead annexation area. Mr. Satterstrom said there was just one modification, the Totem Pole Grocery on Kent Kangley Road, which was designated Neighborhood Services (Commercial) from a residential designation. Committee member Johnson MOVED to accept the Planning Commission' s recommendation for the East Hill/Ramstead annexation area. Committee member Clark SECONDED the motion. The motion CARRIED unanimously. Committee member Johnson questioned staf f s SF-6 recommendation for the Zube property, (Map Site J from Addendum A) was indeed built as Multifamily. Mr. Satterstrom said it was . Chair Orr asked Ed White to discuss proposed revisions by the Chamber of Commerce, the Bicycle Advisory Board and the Transit Advisory Board relating to the Non-Motorized Goals and Policies . Mr. White explained that a group met to revise the Transportation Element Goals and Policies . Chair Orr said discussions on this issue will be continued to the City Council meeting on April 18 , 1995 . Chair Orr said she had two more items she wished to raise . She said under the Parks and Recreation element, she wished to add a new policy, number 17 . 3 , which would add more flowers to Kent' s parks . Chair Orr' s preliminary language for the new policy is : "Where possible in landscaping parks, encourage the use of low maintenance flowering plants, working towards a landscape that is colorful year around. " Committee member Clark MOVED policy be added to the Parks and Recreation element, and said this was also a part of the Community Goals . Committee member Johnson SECONDED the motion. Chair Orr 11 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 4 , 1995 said she would not be offended if this element was not the correct area of the plan to include this policy, but wanted it part of the record. The motion CARRIED unanimously. Chair Orr asked the Committee to consider removal of land use policy number 10 . 1, on page number 4-19, regarding the allowance of PUD' s (Planned Unit Developments) in all residential districts . She said she cannot support PUD' s in single family areas until such time it is necessary to achieve Kent' s housing goals . Committee member Johnson concurred and MOVED this policy not include single family areas . Committee member Clark SECONDED the motion. Mr. Satterstrom explained staff' s intent was to allow density bonuses and design flexibility to developers in single family zones . Chair Orr said she supports clustering for single family, detached structures of 6 units per acre, but feared the bonuses could be much higher, impacting traffic, schools and other neighborhood services . The motion CARRIED unanimously. Committee member Johnson MOVED to accept the Planning Commission' s recommendation as amended today, with the exception of the Non- Motorized Transportation Policy, which will be addressed at the April 18 , 1995 City Council meeting when the plan is forwarded to the full council . Committee member Clark SECONDED the motion and added that recommendation is to approve the plan. The motion CARRIED unanimously. Chair Orr thanked everyone for their participation, and particularly the staff for their reports and support in reaching today' s decision. Mr. Harris thanked the Planning Committee for their comments , and in behalf of the staff, thanked them for their good work and the sensitive way they handled the public . Chair Orr adjourned the meeting at 6 : 12 p.m. , and thanked the Planning Committee members . 12 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. t 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