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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/16/1996 i nm 5 City of Kent F , C,mty Council Meetin r. x Ag end ' CITY OF a: } Mayor Jim White Council Members Christi Houser, President Jim Bennett Jon Johnson Tim Clark Leona Orr Connie Epperly Judy Woods April 16, 1996 A Office of the City Clerk SUMMARY AGENDA KENT CITY COUNCIL MEETING April 16, 1996 Council Chambers 9 7 : 0 0 p.m. MAYOR: Jim White COUNCILMEMBERS: Christi Houser, President Jim Bennett Tim Clark Connie Epperly Jon Johnson Leona Orr Judy Woods CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS "Keep a Friend Alive" Poster Design Contest Award Ceremony Introduction of Nominees Regional Justice Center Update 2 . PUBLIC HEARINGS LID 345 - S. 218th Street Improvements (East Valley Highway to SR 167) - Final Assessment Roll - Ordinance ,8 Amendments to Single Family Development Standards Ordinance ZCA-95-8 3 . CONSENT CALENDAR Approval of Minutes .B: Approval of Bills ,,ja: LID 347 - Russell Road & Meeker Traffic Signal - Resolution ? -H: Cellular Phone Equipment Proposal - Budget Change Kent Lions Club Donation - Acceptance _,F-. Teen Stage Theater Project Grant - Acceptance 1994/95 Open Space Bond Interest & Paths and Trails Account - Acceptance --H IAC Application Authorization and Site Plan Acceptance - Resolution ,� I ,' �. S. 224th Street Vacation - Resolution Setting Hearing Date j MWPAAC Delegates - Confirmation ,-K-. Earthworks Park Emergency Clean-Up - Accept as Complete East Valley Highway Pavement Restoration Grant - Acceptance Boating Regulation Amendments - Ordinance �� ? LDS Pea Pa;1tch Gardening License — Authorization -OT� �.x�us•� cl bs�e��- 4 . HER BUSINESS -A- Land Use & Planning Board Nominees i 5. BIDS Licensed Highway Mower LID 345 - S. 218th Street Improvements (East Valley Highway to SR 167) 1� Sodium Fluoride Supply 6. CONTINUED COMMUNICATIONS 7 . REPORTS EXECUTIVE SESSION - Sale of Property 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) "Keep a Friend Alive" Poster Design Contest Award Ceremony B) Introduction of Nominees C) Regional Justice Center Update LID 345--Item 2A (revised motion) MOVE: • that the hearing on the final assessment roll for LID 345 be closed, • that staff revise the assessment roll as presented, • that a hearing on the revised assessment roll be set for 7:00 P.M., Tuesday, May 7, 1996, at the next regular Council meeting, and 0 that new notice of the revised roll and of the time and place for the new hearing on the roll be given under the procedures established for the original hearing. ;1111 Kent City Council Meeting Date April 16 , 1996 Category Public Hearings 1. SUBJECT: LID 345 - S. 218TH STREET IMPROVEMENTS (EAST VALLEY HIGHWAY TO SR 167) - FINAL ASSESSMENT ROLL 2 . SUMMARY STATEMENT: As authorized by Council, this date has been set for the public hearing to adopt an ordinance esta- blishing the Final Assessment Roll for LID 345 - South 218th Street Improvement. The Public Works Director will give a brief description. 3 . EXHIBITS: Public Works Director memorandum 4/9/96, ordinance and vicinity map 4 . RECOMMENDED BY: Council 3/19/96 (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: A. Councilmember moves, Councilmember seconds to adopt Ordinance No. establishing the Final Assessment Roll for LID 345 - S. 218th St. Street Improvement. B. Councilmember moves, Councilmember seconds that the Public Works Director' s memorandum dated 4/9/96 attached hereto be made a part of the official record. DISCUSSION• ACTION: Council Agenda Item No. 2A DEPARTMENT OF PUBLIC WORKS TO: Mayor White and City Council FROM: Don Wickstrom, Director of Public Works RE: LID 345 - South 218th Street Improvements (East Valley Highway to SR 167) April 16, 1996 has been set for the confirmation hearing on the final assessment roll for the above referenced project. PROJECT BACKGROUND Over the past years there has been substantial interest in developing various parcels within this project area. Unfortunately,this area is served by South 218th Street which is a substandard road, with a deficient reverse curve. The combination of the substandard roadway width and the too-sharp reverse curves present safety hazards to both vehicles and pedestrians. Developments occurring within the LID boundary have been conditioned by the City's SEPA powers to provide improvements to South 218th Street. Currently, those properties east of the reverse curves are also conditioned to improve the curves, however no such project has materialized. As an interim solution, each developer who would have been required to make incremental improvements to South 218th Street as a condition of their development approval, has instead executed an LID participation covenant. This interim solution had two major benefits: first, the roadway would not be improved in a piecemeal manner; and second, when enough owners were obligated by the LID participation covenants, the City could pursue formation of the LID and then equitably distribute the costs for the complete roadway improvement to the owners for all of the property which will ultimately benefit in the roadway improvement instead of only the latest owners to develop. Numerous developments had chosen this interim solution, until 74.84 percent of the total preliminary LID assessment for this project would be bome by owners who were obligated to participate in the LID. To approve an LID, property owners with combined LID assessments representing 40 percent of the total assessment total must support the LID. It appeared to be a logical and appropriate time to pursue the formation of this street improvement LID, and the City Engineering Department actively pursued its formation. An informal property owner meeting was held originally on October, 18, 1990. Due to wetland concerns, the project was put on hold until the City's proposed wetland regulations were finalized. These regulations were finalized and approved by City Council by the passage of Ordinance 3109. The engineering staff evaluated the impact of wetlands on potential development within the LID in an effort to fairly distribute LID 345T/MV96106 April 9, 1996 1 the LID assessments. With the revised assessments, the Engineering Department once again pursued f> P formation of the LID for the improvement of South 218th Street. Another property owner meeting was held on March 23, 1994: All the affected property owners were notified of the meeting and what their revised estimated assessment was. The proposal was submitted to the Public Works Committee on June 13, 1994 and was deferred until the July 25th meeting. Following committee approval Resolution No. 1403 was adopted at the September 6, 1994 council meeting and scheduled October 4, 1994 for the formation public hearing. Subsequently, City Council passed Ordinance No. 3200 establishing LID 345 and.authorized supplementing the LID funding with $167,377.13 from the Miscellaneous Drainage Improvement fund at the November 1, 1994 meeting. Since that time,the Engineering Department has prepared the plans,acquired the right-of-way and necessary permits, has obtained bids and has determined final assessments. Following confirmation of the final roll, the Engineering Department will recommend award of the contract for construction this summer. NEED FOR IMPROVEMENT A. Streets - Currently portions of South 218th Street are less than 24 feet wide(some areas less than 12 feet),and no portion has curb &gutters or sidewalks. Improvements such as additional width, street lights, curb & gutter, and sidewalk improvements are required to bring the street fully up to current standards, and to meet both functional and aesthetic requirements. An existing reverse curve will be improved significantly in order to permit trucks to pass simultaneously; thus allowing development of property lying easterly of the reverse curves to continue. This combination of the substandard roadway width and the too-sharp of reverse curve present a safety hazard to both vehicles and pedestrians. As a result,the City cannot knowingly issue permits within the area which increase road use without incurring the associated liability in the case of an accident. B. Drainage - Currently there is no formal drainage system in the project area. A few culverts and ditches are all that can be found. A complete and adequate drainage system for the area is needed to provide for disposal of storm water. A complete drainage system is planned for the area including stubs to the adjacent properties for future connections. C. Utilities -Various properties within the area are not currently hooked up to City water and sanitary sewer, or are not fully serviced for their highest potential and best use. Prior to widening and rebuilding the roadway, these utilities must be extended outside of the roadway section to avoid future cutting and excavating for these services. Sanitary sewer stubs are currently available to all parcels. The stubs are being extended from the existing property line to the new property line to avoid future road cuts. Water services will also be installed. D. Development Requirements - The above-described needs have been identified for this area. Any future development in the area will have to address these needs. Commitments to meet these needs are required to obtain building pen-nits and are usually conditions of other development procedi as well. LID 345T/MV96106 April 9, 1996 This project area contains undeveloped property or under-developed property. Owners of these properties will be faced with satisfying these needs in order to develop to their maximum potential. Others have already faced these requirements and have committed themselves to participate in the funding for this LID. PROJECT IMPROVEMENTS The project as designed is the widening of South 218th Street from East Valley Highway east to the creek (approximately 600 feet east of the curves) and includes the following features: 1. A 32 foot roadway (face of curb to face of curb) which will be a two lane road with no on-street parking. 2. Cement concrete curb & gutter.on both sides. 3. Cement concrete sidewalks on both sides. (5' wide) 4. Storm drainage system including biofiltration swales and stubs to adjacent properties. 5. Street lighting system (on power poles). 6. Reverse curve realignment. 7. Utility stubs as required, both water and sanitary sewer and several new fire hydrants. 8. Cul-de-sac at east end. 9. New culvert for Garrison Creek- Valley Branch. 10. Signing and channelization. 11. Hydroseeding of unpaved areas. 12. Adjustment or relocation of existing utilities and improvements. PROJECT FUNDING This project was originally proposed to be funded 100 percent by the Local Improvement District method except for the water and sewer stubs. The water and sewer stubs will be funded initially by the City. A charge in lieu of assessment will then be established which the property owner will pay upon connection. During the formation process some of the property owners expressed concern over the extent of the improvements, claiming that the improvements planned were excessive. The Engineering Department reviewed the project and determined the estimated cost of a minimum improvement to address the cost issue. The result was a backbone of a street which would correct the "S" curve problem, provide drainage and acquire the right-of-way for a full street. The remainder of the improvements would then be installed as properties developed or redeveloped or as covenants expired. The cost savings for the proposed minimal improvement was estimated at$167,377.13. However,there were disadvantages to this approach so the City agreed to proceed with the original scope of work and to supplement the LID funding with $167,377.,13. FUNDING SUMMARY Original Final LID Assessments: $1,164,620.59 LID Assessments $ 979,525.80 Water Fund: 6,810.27 Water Fund: 2,646.57 Sewer Fund: 9,730.00 Sewer Fund: 1,654.89 Total Project Cost $1,181,160.86 Drainage Fund: 167,377.13 Total Project Cost $1,151,214.39 LID 345T/MV96106 April 9, 1996 Based on costs to date including right-of-way acquisition, design and the bid, the total project cost has be-n reduced $29,946.47 (2.5%) and the LID assessment $185,094.79 (15.9%). In addition,by agreement with the property owner, assessment No. 16 (was 16, 17 & 18 on preliminary roll) was assessed a surcharge of$28,579.25 to compensate for some off-site wetland mitigation associated with an on-site alleged grading violation. Parcel 7 decided to take an assessment credit for the right-of-way acquisition rather than being paid outright. Therefore, the final assessment roll varies from the above number. LID Assessment: $ 979,525.81 Wetland Mitigation: + 28,597,25 R/W Credit - 5,932.00 Final LID Roll $1,002,191.06 METHOD OF ASSESSMENT The costs for this street improvement was distributed to each benefitting property owner as follows: The total street assessments are based upon the zone and termini method. In this case seven strips, each one hundred feet wide, are drawn parallel with the City right-of-way line. The assessment rate for the strip right next to the right-of-way line is weighted seven times the value of the seventh strip from the right-of-way line; the assessment rate for the second strip from the right-of-way line is six times the rate for the seve strip; and so on until the seventh strip. Each property owner will then pay a total assessment depending on the number of square feet within each of the seven strips that are contained in their parcel. Wetlands were identified and mapped and were not included within the assessment calculations as were their associated buffers. Also, a 25 foot setback from the creek was deleted from the assessed area for undeveloped properties. The costs for water and sanitary sewer service stubouts will be charged totally against the benefitting property and shall be paid as a charge in lieu of assessment at the time of connection. PAYMENT OF ASSESSMENT Upon Council passing,the ordinance confirming the final assessment roll,there is a 30-day period in which any portion or all of the assessment can be paid without interest charges. 'After the 30-day period, the balance is paid over a ten year period wherein each year's payment is 1/10th of the principal plus interest on the unpaid balance. The interest will-be what the market dictates. EASEMENT AND RIGHT-OF-ACQUISITION The construction of this street improvement project required property acquisition along the length of the project in order to provide the necessary right-of-way needed in excess of the substandard 33 foot v right-of-way originally owned by the City. Slope easements and construction easements were also required. LID 345T/MV96106 April 9, 1996 4 Each property owner involved was advised of the appraised value of these right-of-way and easement parcels during negotiations between the City and the owner. Final settlement was a direct payment to the owner. One owner (assessment 97) applied the settlement as a credit toward his LID assessment, thereby reducing his yearly payments. ENVIRONMENTAL On May 12, 1994, the Kent Planning Department issued a DNS for LID 345. LID 145T/MV96106 April 9, 1996 5 L.I.D. BOUNDARY Q 3 x v, _ ui �. Q J . ~ Q , m F- ASSESSMENT NUMBER m i > Q O PROJECT LOCATION 0 m J O 2 r m S. 218TH ST. ¢ ul � nn. nn�rm■ L.I.D. 345 SOUTH 21 STH STREET IMPROVEMENT (EAST VALLEY HIGHWAY TO SR 1671 JANUARY 279 1994 REVISED MARCH 271, 1996 CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, approving and confirming the assessments and assessment roll of Local Improvement District No. 345 for the improvement to be made by the widening of South 218th Street from the East Valley Highway east to SR 167, including water and sewer stub extensions to unserviced property, as provided by Ordinance No . 3200, and levying and assessing a part of the cost and expense thereof against the several lots, tracts, parcels of land and other property as shown on the assessment roll . WHEREAS, the assessment roll levying the special assessments against the property located in Local Improvement District No. 345 in the City of Kent, Washington (the "City" ) , has been filed with the City Clerk as provided by law; and WHEREAS, notice of the time and place of hearing thereon and making objections and protests to the roll was published at and for the time and in the manner provided by law fixing the time and place of hearing thereon for the 16th day of April, 1996, at the hour of 7 : 00 p.m. , local time, in the Council Chambers in the City Hall, Kent, Washington, and further notice thereof was mailed by the City Clerk to each property owner shown on the roll; and WHEREAS, at the time and place fixed and designated in the notice the hearing was held,. all written protests received were considered and all persons appearing at the hearing who wished to be heard were heard, and the City Council, sitting and acting as a Board of Equalization for the purpose of considering the roll and the special benefits to be received by each lot, parcel and tract of land shown upon such roll, including the increase and enhancement of the fair market value of each such parcel of land by 0235854.01 reason of the improvement, overruled all such protests; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO ORDAIN as follows : Section 1 . The assessments and assessment roll of Local Improvement District No. 345, which has been created and established for the purpose of widening South 218th Street from the East Valley Highway east to SR 167 , including water and sewer stub extensions to unserviced property within the boundaries of the local improvement district, as provided by Ordinance No . 3200, as the same now stand shall be and the same are approved and confirmed in all things and respects in the total amount of $1, 002, 191 . 06 . Section 2 . Each of the lots, tracts, parcels of land and other property shown upon the as roll is determined and declared to be specially benefited by this improvement in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing upon the roll . There is levied and assessed against each lot, tract or parcel of land and other property appearing upon the roll the amount finally charged against the same thereon. Section 3 . The assessment roll as approved and confirmed shall be filed with the Finance Division Director of the City for collection and the Finance Division Director is authorized and directed to publish notice as required by law stating that the roll is in her hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at any time within 30 days from the date of first publication of such notice 0235954.01 -2- without penalty, interest or cost, and that thereafter the sum , remaining unpaid may be paid in ten equal annual installments . The estimated interest rate is stated to be 7 . 5% per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement bonds for Local Improvement District No. 345 . The first installment of assessments on the assessment roll shall become due and payable during the 30- day period succeeding the date one year after the date of first publication by the Finance Division Director of notice that the assessment roll is in her hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessment remains unpaid after the first 30-day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments, together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the 30-day period during which such installment is due and payable shall thereupon become delinquent . Each delinquent installment shall be subject, at the time of delinquency, to a charge of 90 penalty levied on both principal and interest due upon that installment, and all delinquent installments also shall be charged interest at the rate as determined above . The collection of such delinquent installments shall be enforced in the manner provided by law. 0235854.01 -3- Section 4 . This ordinance shall take effect and be in force five (5) days from and after its passage and five (5) days following its publication as required by law. By JIM WHITE, Mayor ATTEST: BRENDA JACOBER, City Clerk APPROV�ED� AS TO FORM: Special Counsel and Bond Counsel for the City Passed the 16th day of April, 1996 . Approved the day of April, 1996 . Published the day of April , 1996 . I 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 0235954.01 -4- 141, Kent City Council Meeting Date April 16 , 1996 Category Public Hearings 1. SUBJECT: AMENDMENTS TO SINGLE FAMILY DEVELOPMENT STANDARDS ORDINANCE ZCA-95-8 2 . SUMMARY STATEMENT: Development standards for single family residential districts were changed in December 1995 by Ordinance No. 3268 . The proposed ordinance clarifies Ordinance No. 3268 by including a maximum permitted density for each zone, while also renaming the zoning districts. No changes to development standards are proposed by this ordinance, nor is any land proposed for rezoning. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Staff (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 LL2seconds to approve Ordinance No. 3210 , which clarifies and amends Ordinance No. 3268 to include a maximum permitted density for each zone, while also renaming the zoning districts. DISCUSSION: ACTION• Council Agenda Item No. 2B I I I I I it I .I - i I� ORDINANCE NO. I I AN ORDINANCE of the City Council of the City of Kent, Washington, making certain amendments to Chapter 15 . 04 of the Zoning Code, as recently amended by Ordinance No. I 3268 , and making other amendments to the I Zoning Code to clarify previously established density standards . II WHEREAS, The City of Kent Comprehensive Plan contains goals and policies which support a variety of housing types and densities throughout the City, including more single-family than multifamily residential developments, more flexibility and innovation in terms of building and site design and residential setbacks; and A I I! i WHEREAS, the City of Kent Comprehensive Plan contains !I � goals and policies which recommend expansion of home ownership opportunities for all income groups ; and I I WHEREAS, the City of Kent Comprehensive Plan contains goals and policies which recommend a revised calculation system for determining maximum allowable single family density; and , I 1 1 I� i WHEREAS, The City Council, On December 19, 1995, adopted Ordinance No . 3268 revising Kent Zoning Code provisions for single family residential development standards, consistent with the above goals and policies; and 1� WHEREAS, following adoption of Ordinance No. 3268 the Council has determined that corrective, non-substantive amendments should be made to the Zoning Code to clarify the 1 revisions made to the code pursuant to said Ordinance; NOW, I I THEREFORE, TH E CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . There is hereby added to Chapter 15 . 02 of the Kent City Code, entitled "Definitions, " a new section, Section 15 . 02 . 096 , to read as follows : i i Sec. 15 . 02 . 096 . Density, maximum permitted. Maximum permitted density refers to the maximum number of i single family dwelling units permitted per acre . For fractions of an acre, a maximum permitted density shall be proportional to the size of the lot . For example, where the maximum permitted 1; density is six (6) single family dwelling units per acre, the i 11 maximum permitted density on one half (1/2) acre is three (3) l� single family dwelling units, subject to lot size and other II� development standards of Chapter 15 . 04 . ' i I� I 1 1 2 I I� I� i I1 I 1� i 1 I, SECTION 2. Chapter 15 . 02 of the Kent City Code i I entitled "Definitions" is amended by amending Section 15 . 02 . 487 �I to read as follows : Sec. 15 . 02 .487 . Single-family district. A single-family zoning district is a zoning district with i any of the following designations : R 9SR-2 , m-1rSR-3 , RI GSR4 . 5, m '�zSR6 , SR-8 , single-family residential , Pa'OSSR-1, residential agricultural and A-1 , agricultural district . i SECTION 3. There is hereby added to Chapter 15 . 02 of the Kent City Code, entitled "Definitions, " a new section, Section 15 . 02 . 588 , to read as follows : Sec. 15 . 02 . 588 . Zoning districts-redefined. Any references in the Kent City Code to the former zoning I districts R1-5 . 0 , R1-7 . 2, R1-9 . 6 , R1-12 . 0 , R1-20 . 0 and RA shall mean the zoning districts designated as follows : Former Zone Current Zone i R1-5 . 0 SR-8 R1-7 . 2 SR-6 i R1-9 . 6 SR-4 . 5 I � R1-12 . 0 SR-3' R1-20 . 0 SR-2 RA SR-1 I` I� SECTION 4. Section 15 . 04 . 005 of the Kent City Code is Ihereby amended to read as follows : Sec. 15 . 04 . 005 . Agricultural district, A-1 . �i The stated goal of the city is to preserve prime I agricultural land in the Green River Valley as a nonrenewable resource . The agriculture zone shall actively encourage the concentration of agricultural uses in areas where incompatibility j with urban uses will be minimal to aid in the implementation of I I 3 !i � i , ! i I 1 those goals . Further, such classification of prime agricultural land thus recognizes and encourages farming activity as a viable sector of the local economy. I A. Principally permitted uses. Principally permitted uses are as follows : 1 . Agricultural uses, including any customary agricultural building or structure, such as planting, cultivation and harvesting of crops, animal husbandry, nurseries and greenhouses and other agricultural occupations . 2 . One (1) single-family dwelling per lot . 3 . Group homes class I-A. � B . Special permit uses. The following uses are permitted provided that they conform to the development standards listed in section 15 . 08 . 020 : 1 . Churches . 2 . Nursery schools and day care centers . C. Accessory uses. Permitted accessory uses are as follows : 1 . Guest cottages not rented or otherwise conducted as a business . 2 . Accommodations for farm operators and employees, but not accommodations for transient labor. 3 . Roadside stands not exceeding four hundred (400) �) square feet in floor area, and not over twenty (20) lineal feet on any side, primarily for the j j sale of agricultural products on the premises . R 4 . Customary incidental home occupations subject to the provisions of section 15 . 08 . 040 . j �i 5 . Other accessory uses and buildings customarily ! appurtenant to a permitted use . 6 . For permitted uses , hazardous substance land uses, including onsite hazardous waste treatment or �! storage facilities, which are not subject to I cleanup permit requirements of chapter 11 . 02 and do not accumulate more than twenty thousand j (20 , 000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 4 i 1 i i 1i I I i 15 . 08 . 050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district . I' 7 . Accessory dwelling units . For purposes of this section, Section 15 04 005 accessory dwelling { units shall not be included in calculatingthe f { maximum density. D. Conditional uses. Conditional uses are as follows : ! 1 . General conditional uses as listed in section 15 . 08 . 030 . 2 . For permitted uses , accessory hazardous substance land uses which are not subject to cleanup permit I� requirements of chapter 11 . 02 and which accumulate more than twenty thousand (20, 000) pounds of hazardous substances or wastes or any combination i thereof at any one (1) time on the site, subject f to the provisions of section 15 . 08 . 050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district . E. Development standards. The maximum permitted density for the..,A-1 zoning district is one single familv dwelling unit per acre i 1 . Minimum lot. Minimum lot area is thirty-four I thousand seventy hundred (34 , 700) square feet . 2 . Minimum lot width. Minimum lot width is sixty (60) 1 +I feet a. To determine lot width for irregular lots, a j circle of applicable diameter (the minimum lot I�i width permitted) shall be scaled within the � proposed boundaries of the lot, provided that an access easement to another lot is not included i within the circle . 3 . Maximum site coverage. Maximum site coverage is thirty (30) percent . 4 . Minimum yard requirements. a. Front yard. Minimum front yard is twenty (20) feet . i I i { 5 I I+ i i i i I (1) Porches and private shared courtyard features may be built within the front building set back line . b . Side yard. Minimum side yard is fifteen (15) feet . C . Rear yard. minimum -rear yard is twenty (20) feet . d. Side yard on flanking street of corner lot. Minimum side yard on the flanking street of a corner lot is twenty (20) feet . i 5 . Height limitation. The height limitation is two i and one-half (2 1/2) stories, not exceedixig �I thirty-five (35) feet . The height limitations shall not apply to barns and silos provided that f they are not located within fifty (50) feet -of any I i I lot line . 6 . Additional standards. a. Structures for feeding, housing and care of animals, except household pets, shall be set back fifty (50) feet from any property line . b. See chapter 15 . 08, pertaining to general anc supplementary provisions, for requirements concerning accessory -buildings and additional standards . C . The following uses are prohibited: l (1) The removal of topsoil for any purpose . (2) Grade and fill operations, provided that limited grade and fill may be approved i as needed to construct buildings or i structures as outlined in subsections 15 . 04 . 005 A. , B. , C. and D . (3) All subsurface activities, including excavation for underground utilities, pipelines or other underground Iiinstallations, that cause permanent disruption of the surface of the land. Temporarily disrupted soil surfaces shall be restored in a manner consistent with agricultural uses . i 6 { it I� (4) Dumping or storage of nonagricultural solid or liquid waste, or of trash, rubbish or noxious materials . (5) Activities that violate sound agricultural soil and water conservation management practices . 7 . Maximum impervious surface coverage. Maximum impervious surface coverage is " forty (40) percent of the total parcel area . a . Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand (10, 000) square feet when the lot is greater than one (1) acre . 8 . Zero lot line and clustering. Minimum lot width, building setbacks, and minimum lot size regulations may be modified consistent with provisions for zero lot line and clustering housing development . F. Signs. The sign regulations of chapter 15 . 06 shall apply. G. Offstreet parking. The offstreet parking requirements of chapter 15 . 05 shall apply. SECTION 5. Section 15 . 04 . 010 of the Kent City Code is hereby amended to read as follows : Sec. 15 . 04 . 010 . Residential agricultural district, RASR-1 . The city has, through its P=%�-SR-1 and MA zones, the key to assuring efficient and attractive growth. It is essential that the city avoid excessive zoning far in advance of demand. Rezoning of RASR-1 and MA lands to more intensive use shall be predicated upon the documentation of the need for additional residential, commercial or industrial land in the city. This documentation shall consist of a fiscal impact analysis showing that the other lands already zoned and accessible to municipal services are not sufficient or suitable to accommodate demand for the proposed uses and that the market demand for the proposed 7 i I i I development is sufficient to generate the revenues necessary to provide municipal services, including but not limited to police, fire, streets, water, drainage and sewer, required by the project . A. Principally permitted uses. Principally permitted uses are as follows : 1 . Agricultural uses, including any customary agricultural building or structure, such as planting, cultivation and harvesting of crops, I animal husbandry, nurseries and greenhouses and other agricultural occupations . 2 . One (1) single-family dwelling per lot . J 3 . Group homes class I-A. B . Special permit uses. The following uses are permitted provided that they conform to the development standards listed in section 15 . 08 . 020 : 1 . Churches . 2 . Nursery schools and day care centers . C. Accessory uses. Permitted accessory uses are as follows : f1 . Guest cottages not rented or otherwise conducted as a business . 2 . Accommodations for farm operators and employees, but not accommodations for transient labor. 3 . Roadside stand not exceeding four hundred (400) square feet in floor area, and not .over twenty (20) lineal feet on any side, primarily for the sale of agricultural products grown on the II premises . 4 . j Customary incidental home occupations subject to the provisions of section 15 . 08 . 040 . 5 . Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones . 6 . Accessory dwelling units . For purposes of this section, Section 15 04 010 accessory dwelling units shall not be included in calculating the maximum permitted density. 8 1 I i 1 i i D. Conditional uses. Conditional uses are as follows : { general conditional uses as listed in section 15 . 08 . 030 . E. Development standards. The maximum permitted density for the SR-1 zoning district is one single family dwelling unit per acre . 1 . Minimum lot. Minimum lot 'area is thirty-four thousand seven hundred (34 , 700) square feet . 2 . Minimum lot width. Minimum lot width is sixty (60) feet . a. To determine minimum lot width for irregular lots, a circle of applicable diameter (the minimum lot width permitted) shall be scaled within the proposed boundaries of the lot , provided that an access easement to another. I lot is not included within the circle . 3 . Maximum site coverage. Maximum site coverage is thirty (30) percent . 4 . Minimum yard requirements. a. Front yard. Minimum front yard is twenty (20) feet . ! (1) Porches and private and shared courtyard features may be built within the front building setback line . b. Side yard. Minimum side yard is fifteen (15) feet . C . Rear yard. Minimum rear yard is twenty (20) I feet . id. Side yard on flanking street of corner lot. Minimum side yard on the flanking street of a corner lot is twenty (20) feet . S . Height limitation. The height limitation is two and one-half (2 1/2) stories, not exceeding III thirty-five (35) feet . 6 . Additional standards. j� a . Structures for feeding, housing and care of animals, except household pets, shall be set I� back fifty (50) feet from any property line . I i 9 a r i II i I I b. See chapter 15 . 08 , pertaining to general and supplementary provisions, for requirements I concerning accessory buildings and additional standards . 7 . Maximum impervious surface coverage. Maximum impervious surface coverage is forty (40) percent of the total parcel area. a. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand (10, 000) square feet when the lot is greater than one I (1) acre . 8 . Zero lot line and clustering. Minimum lot width,building setbacks, and minimum lot size regulations may be modified consistent with i provisions for zero lot line and clustering housing development . F. Signs. The sign regulations of chapter 15 . 06 shall apply. G. Offstreet parking. The offstreet parking requirements of chapter 15 . 05 shall apply. H. Development plan review. Development plan review is required when the property to be developed is I classified as view property. SECTION 6. Section 15 . 04 . 020 of the Kent City Code is hereby amended to read as follows : f I `! Sec. 15 . 04 . 020 . Single-family residential districts. i� It is the purpose of the single-family residential districts ' H to stabilize and preserve low density, single-family residential : neighborhoods . It is further the purpose to provide a range of �iminimum lot sizes in order to promote diversity and recognize a variety of residential environments . A. Districts established by let a2F�maximum r)ermitted density. The following single-family residential j districts are established: 10 i I� i i I i I 1 . R4-4$3R-2 : ffii ifftufn lez area.Two (2) single family dwelling units per a re 2 • I�SR-3 : - '^ 69� —e rya e et (( fain='"uM lot ure-&Three (3 ) single family dwelling f . 1� units per acre . 3 • . 5 : feet- }et—a eaFour and one half (4 . 5) I single family dwelling units per acre . 4 . R1--7—.2L3R-6 : -feet grin:mtu>n let- dreaSix (6) single family I dwelling units per acre . 5 . ma-naflt�m let—tt±eaEight (8) single family dwelling units per acre . B. Minimum zoning area. Minimum zoning area for the R-1— 1 -s-�- SR-8 district is fifteen thousand (15, 000) square i feet (three (3) lots) . C. Maximum zoning area. Maximum zoning area for the R-1- rr-8 R-8 district is eight (8) acres . D. Principally permitted uses. Principally permitted uses are as follows : I 1 . One (1) single-family dwelling per lot . 2 . Crop and tree farming. 3 . Group homes class I-A. • Special i P p E ermit uses. The following uses are permitted j iprovided they conform to the development standards listed in section 15 - 08 . 020 : II 1 . Churches . � 2 . Nursery schools and day care centers . F. Accessory uses. Permitted accessory uses are as j� follows : I 1 . Accessory uses and buildings customarily fII appurtenant to a permitted use, such as garages , carports and minor structures for storage of personal property. 2 . Rooming and boarding of not more than three (3) 1 persons . I I 11 I I it i i 3 . Customary incidental home occupations subject to the provisions of section 15 . 08 . 040 . 4 . Accessory dwelling units . For purpose of this section, Section 15 . 04 . 020 , accessory dwelling units shall not be included in calculating the maximum permitted density. G. Conditional uses. Conditional uses are as follows : General conditional uses as listed in section 15 . 08 . 030 . H. Development standards. 1 . Minimum lot. Minimum lot area is as follows : a. R3��SR-2 : Sixteen thousand (16 , 000) square feet . b. R! 12SR-3 : Ninety-six hundred (9, 600) square feet . C . n!T6-SR-4 . 5 : Seventy-six hundred (7, 600) square feet . d. R3 7-2SR-6 : Fifty-seven hundred (5, 700) square feet . e . R! S . OSR-8 : Four thousand (4, 000) square I feet . 2 . Minimum lot width. Minimum lot width is as follows : a. R! 29SR-2 : Fifty (50) feet . b. R! 12SR-3 : Fifty (50) feet . ! C . R!T6-SR-4 . 5 : Fifty (50) feet . d. R3=nSR-6 : Fifty (50) feet . j e . Forty (40) feet . f . To determine minimum lot width for irregular l lots, a circle of applicable diameter (the { minimum lot width permitted) shall be scaled within the proposed boundaries of the lot, provided that an access easement to another j� lot is not included within the circle . j� 3 . Maximum site coverage. Maximum site coverage is as �I follows : a. R! 29SR-2 : Thirty (30) percent . b. R-1-1-2-5R-3 : Forty-five (45) percent . f C . a-T-SR-4 . 5 : Forty-five (45) percent . I 12 I jl I� i �i I�i I d. Fifty (50) percent . e . R1TGSR-8 : Fifty-five (55) percent . I 4 . Minimum yard requirements. i a. Front yard. Minimum front yard is ten (10) feet . �i (1) At least twenty (20) linear feet of driveway shall be provided between any garage, carport or other primary parking area and the street property line with the exception of an alley property line . ! (2) Porches and private and shared courtyard I� features may be built within the front j I1 building setback line . la (3) Proposed front yards less than twenty li (20) feet in depth are subject to approval by the planning director, based on review and recommendation from the public works department relative to the existing and future traffic volumes and right-of-way requirements as specified in the city comprehensive transportation plan and city construction standards . b. Side yard. Minimum side yard is five (5) feet . C . Rear yard. Minimum rear yard is eight (8) feet . I d. Side yard on flanking street of corner lot. Minimum side yard on the flanking street of a j j corner lot is fifteen (15) feet . S . Height limitation. Height limitations are as I follows : a. Ra 2v R-2 : Two and one-half (2 1/2) stories, !i not exceeding thirty-five (35) feet . b. R! 12SR-3 : Two and one-half (2 1/2) stories, not exceeding thirty-five (35) feet . it C . R3ToSR-4 . 5 : Two and one-half (2 1/2) stories, not exceeding thirty-five (35) feet . d. R! 7 . 2SR-6 : Two and one-half (2 1/2) stories, not exceeding thirty-five (35) feet . I� {� 13 I � �i a e . R3--S--GSR-8 : Two and one-half (2 1/2) stories, not exceeding thirty (30) feet . 6 . Interior yards. Interior yards shall not be computed as part of the site coverage . i 7 . Additional standards. See chapter 15 . 08 , pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards; provided that solar access setback requirements of sections 15 . 08 . 230 through 15 . 08 . 234 shall not apply to the R1-5 . 0 zone . 8 . Maximum impervious surface coverage. Maximum impervious surface overages are follows : a . R1-�SR-2 : Forty (40) percent . b . R+--i-2-SR-3 : Fifty (50) percent . lC . R1TaSR-4 . 5 : Sixty (60) percent . d. Seventy (70) percent . e . Rnl. R-8 : Seventy-five (75) percent . f . Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand (10, 000) square feet . I� 9 . Zero lot line and clustering. Minimum lot width, building setbacks, and minimum lot size IIregulations may be modified consistent with �i provisions for zero lot line and clustering I housing development . II . Signs. The sign regulations of chapter 15 . 06 shall j apply. J. Offstreet parking. The offstreet parking regulations of j chapter 15 . 05 shall apply. K. Development plan review. Development plan review is required when the property to be developed is classified as view property. SECTION 7. Section 15 . 04 . 030 of the Kent City Code is i I hereby amended to read as follows : I Sec. 15 . 04 . 030 . Duplex multifamily residential district, MR-D. I 14 I I i I I i It is the purpose of the MR-D district to provide for a limited increase in population density and allow for a greater variety of housing types by allowing duplex dwelling units . i A. Principally permitted uses. Principally permitted uses are as follows : I' 1 . One (1) single-family dwelling per lot . 2 . One (1) duplex per lot . I' 3 . Group homes class I-A and I-B . j I� 4 . Crop and tree farming. II i B . Special permit uses. The following uses are permitted itprovided that they conform to the development standards listed in section 15 . 08 . 020 : 1 . Churches . Ii 2 . Nursery schools and day care centers . li C. Accessory uses. Permitted accessory uses are as i� follows : I 1 . Accessory uses and buildings customarily appurtenant to a permitted use, such as garages, carports and minor structures for storage of personal property. 2 . Rooming and boarding of not more than three (3) I! persons . 3 . Customary incidental home occupations subject to �I the provisions of section 15 . 08 . 040 . I 4 . Accessory dwelling units . For purposes of this 1 section. Section 15 04 030 accessory dwellia units shall not be included in calculating the maximum permitted density. D. Conditional uses. Conditional uses are as follows : I 1 . General conditional uses listed in section 15 . 08 . 030 . 2 . Group homes class I-C, II-A, II-B and II-C. E. Development standards. For single family dwellings the maximum permitted density -and development standards of Section 15 04 020 relating to SR-6 zoning districts i j shall apply.I !I 1 . Minimum lot. Minimum lot area is as follows : a. Single-family dwellings : Fifty-seven hundred II (5, 700) square feet . 1 I f 15 I I fI �j I b. Duplex (two-family dwelling unit) : Eight thousand five hundred (8 , 500) square feet . 2 . Minimum lot width. Minimum lot width is as follows : a. Single-family dwelling: Fifty (50) feet . (1) To determine minimum lot width for irregular lots, a circle of applicable diameter (the minimum lot width permitted) shall be scaled within the proposed boundaries of the lot, provided that an access easement to another lot is not included within the circle . ! b. Duplex: Eighty (80) feet . j �) 3 . Maximum site coverage. Maximum site. coverage is as follows : j a . Single-family dwelling: Fifty (50) percent . I b . Duplex: Forty (40) percent . 4 . Minimum yard requirements. ( a . Front yard. Minimum front yard is ten (10) feet. (1) At least twenty (20) feet of .'driveway shall be provided between any garage, carport or other primary parking area and the street property line with the exception of an alley property line . (2) Porches and private and shared courtyard features may built within the front building setback line . (3) Proposed front yards less than twenty (20) feet in depth are subject to j approval by the planning director, based i on review and recommendation from the j public works department relative to the Il existing and future traffic volumes and right-of-way requirements as specified I in the city comprehensive transportation plan and city construction standards . I b. Side yard. Minimum side yard is five (5) feet . I 16 II f 1 ' I C . Rear yard. Minimum rear yard is eight (8) j feet . d. Side yard on flanking street of corner lot. Minimum side yard on the flanking street of a corner lot is fifteen (15) feet . 5 . Height limitation. The height limitation is two and one-half (2 1/2) stories, not exceeding thirty-five (35) feet . 6 . Interior yards. Interior yards shall not be computed as part of the site coverage . E 7 . Additional standards. See chapter 15 . 08 , pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards . 8 . Maximum impervious surface coverage. Maximum impervious surface is seventy (70) percent of the total lot area. a. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand (10 , 000) square feet when the lot is greater than one (1) acre . b. Porches and private and shared courtyard features may be built within the front building setback line . j 9 . Zero lot line and clustering. Minimum lot width, building setbacks, and minimum lot size j regulations may be modified consistent with 1 provisions for zero lot line and clustering housing development . F. Signs. The sign regulations of chapter 15 . 06 shall �E apply- G. Offstreet parking. The offstreet parking requirements of chapter 15 . 05 shall apply. H. Development plan review. Development plan review is l� required when the property to be developed is classified as view property. 1 I 1 17 I� iI I SECTION 8. Section 15 . 04 . 040 , of the Kent City Code is hereby amended to read as follows : Sec. 15 .04 .040 . Garden density multifamily residential district, MR-G. It is the purpose of the MR-G district to provide locations 11` for garden apartment densities suitable for suburban living. A. Principally permitted uses. Principally permitted uses are as follows : 1 . Single-family dwellings and two-family dwellings or duplexes . 2 . Multiple-family dwellings, including apartments and townhouses . 3 . Group homes class I-A and I-B . 1 I 4 . Crop or tree farming. B. Special permit uses. The following uses are permitted provided that they conform to the development standards listed in section 15 . 08 . 020 : 1 . Churches . 2 . Nursery school and day care centers . C. Accessory uses. Permitted accessory uses are as follows : 1 . Accessory uses and buildings customarily appurtenant to a permitted use, such as garages, carports and minor structures for storage of i personal property. 2 .I Rooming and boarding of not more than three (3) persons . ! 3 . Customary incidental home occupations subject to the provisions of section 15 . 08 . 040 . �I 4 . Offices incidental and necessary to the conduct of !i a principally permitted use . j� 5 . Accessory dwelling units . For_purposes of this section, Section 15 . 04 . 040 , accessory dwelling ' !I units shall not be included in calculating the it maximum permitted density. I � D. Conditional uses. Conditional uses are as follows : i 1 . General conditional uses as listed in section 15 . 08 . 030 . 1 18 i i 2 . Group homes class I-C, II-A, II-B and II-C. ! E. Development standards. 1 . Single-family dwellings and duplexes. For single- family dwellings and dup eme the maximum permitted density and development standards of section 15 . 04 . 020 relating to SR-8 zoning districts shall apply and for duplexes . the maximum ,permitted density and development j standards of section 15 . 04 . 030 shall apply. 2 . Multifamily dwelling units. The following shall i apply to multifamily dwelling units : a. Minimum lot. Minimum lot area is eight thousand five hundred (8 , 500) square feet for the first two (2) dwelling units, and two thousand five hundred (2 , 500) square feet for each additional dwelling unit . b. Minimum lot width. Minimum lot width is eighty (80) feet . C . Density. Maximum density is sixteen (16) dwelling units per acre . d. Maximum site coverage. Maximum site coverage is forty-five (45) percent . e . Minimum yard requirements. (1) Front yard. Minimum front yard is twenty (20) feet . (2) Side yard. Each side yard shall be a {I minimum of ten (10) percent of the lot ! ! width; however, regardless of lot width, i the yard width need not be more than thirty (30) feet . I' (3) Rear yard. Minimum rear yard is twenty (20) feet . I (4) Side yard on flanking street of corner � lot. Minimum side yard on the flanking Ii street of a corner lot is fifteen (15) feet . f . Distances between buildings. I I I 19 iI ii i i i I I i ! I (1) An inner court providing access to a double-row building shall be a minimum of twenty (20) feet . (2) The distance between principal buildings shall be at least one-half the sum of the height of both buildings; provided, however, that in no case shall the distance be less than twelve (12) feet . IIII This requirement shall also apply to Iiportions of the same building separated I from each other by a court or other open space . ! g. Landscaping. The landscaping requirements of chapter 15 . 07 shall apply. h. Height limitation. The height limitation is three (3) stories, not exceeding forty (40) feet . i . Additional standards. See chapter 15 . 08 , pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards . j . Multifamily transition areas. The requirements of section 15 . 08 . 215 shall apply in any multifamily transition area, which J includes any portion of a multifamily f district within one hundred (100) feet of a i single-family district or within one hundred (100) feet of a public street right-of-way. k. Multifamily design review. The requirements I of section 15 . 09 . 047 shall apply to any I, multifamily dwelling of three (3) or more units . I F . Signs. The sign regulations of chapter 15 . 06 shall apply- G. Offstreet parking. I 1 . The offstreet parking requirements of chapter 15 . 05 shall apply. 2 . Offstreet parking may be located in required yards except for the front ten (10) feet abutting. any i I 20 I� I i I � public right-of-way, which must be landscaped. No offstreet parking is permitted in the required open green area. H. Development plan review. Development plan review is required as provided in section 15 . 09 . 010 . SECTION 9. Section 15 . 04 . 050 of the Kent City Code is �i �Jhereby amended to read as follows : ISec. 15 . 04 . 050 . Medium density multifamily residential district, i MR-M. It is the purpose of the MR-M district to provide for (Ilocations for medium density residential districts suitable for i ilurban-suburban living. A. Principally permitted uses. Principally permitted uses �I are as follows : j i� 1 . Single-family dwellings and two-family dwellings or duplexes . 2 . Multiple-family dwellings . 3 . Group homes class I-A, I-B and I-C. 4 . Crop and tree farming. B . Special permit uses. The following uses are permitted provided that they conform to the development standards listed in section 15 . 08 . 020 : I 1 . Churches . li 2 . Nursery schools and day care centers . C. Accessory uses. Permitted accessory uses are as follows : 1 . Accessory uses and buildings customarily j{ appurtenant to a permitted use, such as garages, carports or minor structures for storage of it personal property. 2 . Rooming and boarding of not more than three (3) persons . 3 . Customary incidental home occupations subject to j the provisions of section 15 . 08 . 040 . 4 . Offices incidental and necessary to the conduct of i a permitted use . If D. Conditional uses. Conditional uses are as follows : I i� 21 i I' 1 . General conditional uses as listed in section 15 . 08 . 030 . 2 . Group homes class II-A, II-B and II-C. I E. Development standards. 1 . Single-family dwellings and duplexes. For single- family dwellings and diap .._ e the maximum permitted density and development standards of section 15 . 04 . 020 relating to SR-8 zoning districts shall apply and for duplexes, the maximum permitted density and development standards of section 15 . 04 . 030 shall apply. i I' 2 . Multifamily dwelling units. The following shall apply to multifamily dwelling units : a. Minimum lot. Minimum lot area is eight thousand five hundred (8, 500) square feet for the first two (2) dwelling units, and one thousand six hundred (1, 600) square feet for II each additional dwelling unit . b. Minimum lot width. Minimum lot width is eighty (80) feet . C . Density Maximum density is twenty-three (23) dwelling units per acre . d. Maximum site coverage. Maximum site coverage is forty-five (45) percent . e . Minimum yard requirements. (1) Front yard. Minimum front yard is twenty (20) feet . (2) Side yard. Each side yard shall be a minimum of ten (10) percent of the lot width; however, regardless of lot width, the yard width need not be more than thirty (30) feet . i (3) Rear yard. Minimum rear yard is twenty jj (20) feet . II (4) Side yard on flanking street of corner lot. Minimum side yard on the flanking I street of a corner lot is fifteen (15) feet . I f . Distances between buildings. 22 f i i I� I i (1) An inner court providing access to a ► double-row building shall be a minimum II of twenty (20) feet . (2) The distance between principal buildings shall be at least one-half the sum of I' the height of both buildings; provided, however, that in no case shall the I distance be less than twelve (12) feet . I This requirement shall also apply to j j portions of the same building separated from each other by a court or other open j space . j �I g. Landscaping. The landscaping requirements of i chapter 15 . 07 shall apply. h. Height limitation. The height limitation is three (3) stories, not exceeding forty (40) feet . i . Additional standards. See chapter 15 . 08, pertaining to general and supplementary provisions, for requirements concerning !i accessory buildings and additional standards . j . Multifamily transition areas. The +i requirements of section 15 . 08 . 215 shall apply I+ in any multifamily transition area, which i li includes any portion of a multifamily district within one hundred (100) feet of a single-family district or within one hundred (100) feet of a public street right-of-way. ! k. Multifamily design review. The requirements of section 15 . 09 . 047 shall apply to any multifamily dwelling of three (3) or more I units . F. Signs. The sign regulations of chapter 15 . 06 shall apply. I G. Offstreet parking. i i 1 . The offstreet parking requirements of chapter 15 . 05 shall apply. 2 . Offstreet parking may be located in required iyards, except for the front ten (10) feet abutting 23 i ,i j� I I� any public right-of-way, which must be landscaped. No offstreet parking is permitted in the required open green area. H. Development plan review. Development plan review is required as provided in section 15 . 09 . 010 . SECTION 10. Section 15 . 04 . 060 of the Kent City Code is I hereby amended to read as follows : Sec. 15 . 04 . 060 . High density multifamily residential district, �I MR-H. It is the purpose of the MR-H district to provide for ; locations for high density residential districts suitable for urban living. I I! A. Principally permitted uses. Principally permitted uses are as follows : j �i 1 . Single-family dwellings and two-family dwellings i1 or duplexes . { 2 . Multiple-family dwellings . 3 . Group homes class I-A, I-B and I-C. 4 . Crop and tree farming. B . Special permit uses. The following uses are permitted provided that they. conform to. the development standards I� listed in section 15 . 08 . 020 . (No uses presently I I� listed. ) C. Accessory uses. Permitted accessory uses are as follows : 1 . Accessory uses and buildings customarily ! appurtenant to a permitted use, such as garages, ! carports or minor structures for storage of ! jpersonal property. 2 . Rooming and boarding of not more than three (3 ) j I persons . 3 . Customary incidental home occupations subject to j the provisions of section 15 . 08 . 040 . j 4 . Offices incidental and necessary to the conduct of j a permitted use . i I I I ► 24 I i {{ i i i j S . Accessory dwelling units . For purposes of this section, Section 15 . 04 . 060 accessory dwelling I units shall not be included in calculating the maximum rermitted density. D. Conditional uses. Conditional uses are as follows : 1 . General conditional uses as listed in section 15 . 08 . 030 . 2 . Group homes class II-A, II-B and II-C. E. Development standards. 1 . Single-family dwellings and duplexes. For single- family dwellings an4—d,dple3ce�a, the maximum permitted density and development standards of j section 15 . 04 . 020 relating to SR-8 zoning Ij districts shall apply and for duplexes , the maximum permitted density and development j standards of section 15 . 04 . 030 shall apply. 2 . Multifamily dwelling units. The following shall apply to multifamily dwelling units : I a. Minimum lot. Minimum lot area is eight thousand five hundred (8, 500) square feet for the first two (2) dwelling units, and nine hundred (900) square feet for each additional dwelling unit . b. Minimum lot width. Minimum lot width is eighty (80) feet . i C . Density. Maximum density is forty (40) dwelling units per acre . d. Maximum site coverage. Maximum site coverage is fifty (50) percent . e . Minimum yard requirements. i } (1) Front yard. Minimum front yard is twenty j Ii (20) feet . i (2) Side yard. Each side yard shall be a minimum of ten (10) percent of the lot width; however, regardless of lot width, Ij the yard width need not be more than J thirty (30) feet . (3) Rear yard. Minimum rear yard is twenty (20) feet . j 1 ; 25 i {i I 11 i � I i I (4) Side yard on flanking street of corner j lot. Minimum side yard on the flanking j street of a corner lot is fifteen (15) feet . f . Distances between buildings. (1) An inner court providing access to a double-row building shall be a minimum of twenty (20) feet . (2) The distance between principal buildings shall be at least one-half the sum of the height of both buildings; provided, however, that in no case shall the distance be less than twelve (12) feet . This requirement shall also apply to portions of the same building separated from each other by a court or other open space . g. Landscaping. The landscaping requirements of chapter 15 . 07 shall apply. j h. Height limitation. The height limitation is it four (4) stories, not exceeding fifty (50) feet . i . Additional standards. See chapter 15 . 08, pertaining to general and supplementary provisions, for requirements concerning accessory buildings and additional standards . j . Multifamily transition areas. The j requirements of section 15 . 08 . 215 shall apply in any multifamily transition area, which includes any portion of a multifamily �I district within one hundred (100) feet of a i single-family district of within one hundred (100) feet of a public street right-of-way. k. Multifamily design review. The requirements of section 15 . 09 . 047 shall apply to any multifamily dwelling of three (3) or more units . F. Signs. The sign regulations of chapter 15 . 06 shall apply• I I � 26 i I i I G. Offstreet parking. 1 . The offstreet parking requirements of chapter 15 . 05 shall apply. 2 . Offstreet parking may be located in required i yards, except for the front ten (10) feet abutting 1 any public right-of-way, which must be landscaped. 1 No offstreet parking is permitted in the required open green area. H. Development plan review. Development plan review is required as provided in section 15 . 09 . 010 . i SECTION 11. Zoning Map Single Family Designations ( Amended. The City of Kent official zoning map is hereby amended I by redesignating the zoning districts consistent with the redesignation of zoning districts as set forth in this Ordinance as follows : Former Zone Current Zone R1-5 . 0 SR-8 R1-7 . 2 SR-6 R1-9 . 6 SR-4 . 5 R1-12 . 0 SR-3 R1-20 . 0 SR-2 RA SR-1 i SECTION "12. Severability. If any one or more i 3 I sections, sub-sections, or sentences of this Ordinance are held Ito be unconstitutional or invalid, such decision shall not affect i 'Ithe validity of the remaining portion of this Ordinance and the Isame shall remain in full force and effect . ;I 27 I I j I� i I i �I SECTION 13- Effective Date . This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. iI JIM WHITE, MAYOR i i ATTEST: � BRENDA JACOBER, CITY CLERK i APPROVED AS TO FORM: i j �I ROGER A. LUBOVICH, CITY ATTORNEY I i �j PASSED day of 1996 . iI !{ APPROVED day of 1996 . 1 I PUBLISHED day of 1996 . I II� i� 28 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 29 CONSENT CALENDAR 3 . City Council Action• moves Councilmember Councilmember � --�--- seconds that Conse t Calendar Items A through �2� be approved. Discussion Action �� C 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of April 2, 1996. 3B. Approval of Bills. Approval of payment of the bills received through March 29 and paid on March 29, 1996, after auditing by the Operations Committee on April 3 , 1996. Approval of checks issued for vouchers: Date Check Numbers Amount 3/29/96 166698-167364 $2 , 344, 648.52 Approval of checks issued for payroll for March 16 through March 31, 1996 and paid on April 5 , 1996 : Date Check Numbers Amount 4/5/96 Checks 210437-210777 $ 261, 205. 80 Advices 33163-33602 558 , 344 . 51 $ 819 , 550. 31 Council Agenda Item No. 3 A-B Kent, Washington April 2 , 1996 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Epperly, Houser, Johnson, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Parks Director Hodgson, and Finance Director Miller. Approximately 25 people were at the meeting. PUBLIC Employee of the Month. Mayor White announced COMMUNICATIONS that Kristen Langley, Assistant Traffic Engineer, has been selected as Employee of the Month for April. He noted that Ms. Langley is hard working and dedicated when dealing with the public and her co-workers, is always willing to provide information and guidance regarding technical traffic engineering issues, and exudes a friendly and accessible manner that makes working with her a pleasure. Traffic Engineer Ed White added that Ms. Langley always has a smile and a quick wit, and he is grateful to have her as an employee. Public Works Director Wickstrom agreed that Ms. Langley is a dedicated employee, and that she deserves this honor. Disaster Preparedness Month. The Mayor read a proclamation noting that the State of Washington has experienced natural and man-made disasters, and that the loss of life and property damage can be greatly reduced if appropriate disaster pre- paredness measures are taken before, during and after a disaster. He proclaimed the month of April 1996 as Disaster Preparedness Month in the City of Kent and encouraged all citizens to increase their knowledge and awareness of proper safety measures. The proclamation was presented to Fire Chief Angelo. Certificate of Achievement for Excellence in Financial Reporting. Finance Director May Miller announced that the City of Kent has received a Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended December 31, 1994 . She noted that this award is given by the Government Finance Officers Asso- ciation, and that receiving it is a significant accomplishment. After Miller presented the plaque to the Mayor, he asked that it be dis- played in the Finance Department. National Accreditation of Police Department. Mayor White noted that the Police Department began working toward national accreditation in 1 April 2 , 1996 PUBLIC 1993 . He explained that this recognition is COMMUNICATIONS granted by the Council on Accreditation for Law Enforcement Agencies, who sent three assessors to inspect Kent' s policies and agency as a whole. He noted that on March 23 , 1996, the department was granted accreditation. Police Chief Crawford and Lt. Lorna Rufener expressed appreciation to the Mayor and Council for their support, as well as to Officer John Pagel for his involvement. CONSENT HOUSER MOVED that Consent Calendar Item A CALENDAR through L be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of March 19 , 1996 . STREET (.CONSENT CALENDAR - ITEM 3C) VACATION Russell Road Street Vacation. ADOPTION of Resolution No. 1466 setting a hearing date of May 7th for the Russell Road Street Vacation, as recommended by the Public Works Committee. The Public Works Department has received a request from The Lakes L.L.C. for vacation of a portion of Russell Road. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3I) Valley Detention Project. AUTHORIZATION to transfer $230, 000 from the 1993 Drainage Bond fund (D16) to the Valley Detention fund (D36) for the construction of a nursery, as recommended by the Public Works Committee. The nursery would eliminate contracting out for landscape plant- ings. There is approximately $230, 000 of unobligated funds in the 193 Drainage Bond fund which could be transferred to the Valley Detention fund for this purpose. SOLID WASTE (CONSENT CALENDAR - ITEM 3L) Amendment to Kent City Code Regarding solid Waste Permits. ADOPTION of Ordinance No. 3289 amending Section 7 . 03 . 020 of the Kent City Code which denotes collection by a collection company, as recommended by the Public Works Committee. EQUIPMENT (CONSENT CALENDAR - ITEM 3H) RENTAL Equipment Rental Purchases - Agreements. AUTHORIZATION for the Mayor to execute an agreement with the City of Seattle and Island County for the purpose of enabling the City to purchase three tractor mowers and one backhoe 2 April 2 , 1996 EQUIPMENT from their equipment bid contract, as recommended RENTAL by the Public Works Committee. Purchasing this equipment through these 'two agencies will provide a substantial savings to Kent. The funds for this equipment have been approved in the 196 Equipment Rental budget. PLANNING (CONSENT CALENDAR - ITEM 3K) Department of Communityl Trade & Economic Development Grant Acceptance. AUTHORIZATION to accept a grant in the amount of $150, 000 received from DCTED (under the Growth Management and Environmental Review Fund) to do a Downtown Subarea Plan, and approval to proceed with the project. This grant is matched from the general fund with $25, 000 of in-kind match labor, and the $25, 000 set aside in the 1996 budget for a Downtown Market Analysis. COMMUNITY (CONSENT CALENDAR - ITEM 3J) DEVELOPMENT Community Development Block Grant Consortium BLOCK GRANT Status. AUTHORIZATION for the Mayor to send a letter to County Executive Gary Locke stating that the City of Kent desires to continue to participate as a pass-through City in the King County CDBG Consortium for the years 1997-1999, as recommended by the Planning Committee. PLATS (OTHER BUSINESS• ITEM 4B) Benson Highlands Preliminary Plat SU-95-10. The Hearing Examiner has recommended conditional approval of an application by Baima & Holmberg for Keith Benson for a 13-lot single family residential preliminary subdivision (SU-95-10) The property is located at 11208 SE 244th Street in Kent. ORR MOVED to accept the findings of the Hearing Examiner and adopt the Hearing Examiner' s recommendation of approval with thirty-eight (38) conditions of the Benson Highlands 13-lot single family residential preliminary subdivision. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) Mack Preliminary Plat SU-95-2 . The Hearing Examiner has recommended conditional approval of an application by Baima & Holmberg for William Finkbeiner for a 35-lot single family residential preliminary subdivision. The property is located at 11047 SE 264th Street in Kent. ORR MOVED to . accept the findings of the Hearing Examiner and adopt the Hearing Examiner' s recommendation of approval with fifteen (15) conditions of the Mack 3 April 2 , 1996 PLATS 35-lot single family residential preliminary subdivision. Houser seconded and the motion carried. (CONSENT CALENDAR - ITEM 3F) Correction to Zoning Ordinance. AUTHORIZATION to set April 16, 1996, as the hearing date to con- sider amendments to the Single Family Development Standards Ordinance (#ZCA-95-8) . POLICE (CONSENT CALENDAR - ITEM 3D) Domestic Violence Code Amendment. ADOPTION of Ordinance No. 3287 amending the Kent City Code relating to Domestic Violence, specifying which crimes are domestic violence crimes. (CONSENT CALENDAR - ITEM 3E) Inattentive Driving Penalty Amendment. ADOPTION of Ordinance No. 3288 amending the Kent City Traffic Code to change the mandatory penalty for inattentive driving. TERM LIMITS (OTHER BUSINESS - ITEM 4A) Term Limits Ordinance. The City Council, during its regularly scheduled meeting of March 19, adopted Ordinance No. 3283 establishing term limits for the Mayor and the City Council. On March 21, 1996, the Mayor vetoed this ordinance. This matter is being presented at the Council' s request to consider an override of the Mayor' s veto and the adoption of this ordinance. EPPERLY MOVED to override the Mayor' s veto of Ordinance No. 3283 on term limits. Houser seconded. Epperly said that an ordinance on term limits was a campaign promise she had made. She noted for Clark that Russ Stringham had recently filed an initiative petition which she co-sponsored. She said there is support in the community and introduced a petition containing 32 signatures. Clark noted that the petition states that "the people of this city will be best served by citi- zen legislators who are subject to a reasonable degree of rotation in office" . He said that any time there is a reform in government, it should be something that makes government better. He questioned whether there is something wrong with the way the city is running right now. Epperly said that people had brought the ordinance to her, and that there isn't anything wrong with the 4 April 2 , 1996 TERM LIMITS way the Council currently operates . Clark pointed out that the petition states that "extended incumbency discourages qualified citizens from seeking public office" . He said this is a distortion of facts, since in the 1993 Council election there were three seats up for election (two incumbents and one open seat) and nine candidates, so candidates were not discouraged from running for office against an incumbent. He added that in the last election there were four seats open and there were at the very least two candidates for every seat. He questioned the basis for the phrase "discourages qualified citizens from seeking public office" . Epperly responded that it takes money and backing to run for office and that she has found that the money usually follows the person of power or the person who has been in office. She said she feels money is provided by electability, which is discouraging. She said that there have been elections where no one ran at all. Clark reiterated that any changes to government should be for the better, and that this is a citizen-formed government. He explained that it is non-partisan, that only residents of the city are eligible to serve, and that serving does not pay very well and takes a lot of time. He said the concept of getting rid of people who serve on a council who happen to have the institutional memory of policy-making is to destroy the effec- tiveness of the council. He said council is dependent upon staff to deliver facts and opinions in dealing with issues, and that re- solving issues requires a full-fledged debate to bring to light facts and issues that are related to the decision that has to be made. He said to take out people who have been through many of these issues in the past runs the risk of making uninformed decisions, and that this takes place with continual public review of the officials because all must stand for election, and he reiterated that the city has not lacked for can- didates. He said the petition is not based on facts and questioned the motivation. Orr said there are merits on both sides of the issue, and that an election is where people decide who their representatives are. She said she will support the ordinance presented two weeks ago, because the initiative as written is 5 April 2 , 1996 TERM LIMITS retroactive, which means that two experienced Councilmembers would be out at the time of the next election, regardless of what the public thought, and at the following election two more would be out, resulting in a change in the majority of the Council in four years time, which she feels is not in the best interest of the public. She said that Ordinance 3283 is not retroactive and it gives the public the opportu- nity to make changes as Councilmembers retire or move on to other things. She also stated that an election would cost between $30, 000 and $40, 000, which could be saved by adopting the term limits ordinance and giving it a chance to see if it works. She added that a future Council could make a change if they felt it was appropriate. Woods noted that she was not present at the last Council meeting and that philosophically she is opposed to term limits. She said she respects what is being proposed and what others have said, but that this is not a burning issue with her, even though she feels that going to the polls and voting people in and out is the appropriate thing to do. Upon a roll call vote, the motion to override the Mayor' s veto of Ordinance No. 3283 carried 5-21 with Clark and Woods opposed. PARKS & (CONSENT CALENDAR - ITEM 3G) RECREATION Riverbend Driving Range Re-lighting Project. ACCEPT as complete the Driving Range Re-lighting Project at the Riverbend Golf Complex, and release retainage to RMA, Inc. upon receipt of state releases. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through March 15 and paid on March 15, after auditing by the Operations Committee on March 20, 1996, and signing for approval in the Finance Department members. Approval of checks issued for vouchers: Date Check Numbers Amount 3/15/96 166049-166697 $1, 364, 311. 53 6 April 2 , 1996 FINANCE Approval of checks issued for payroll for March 1 through March 15 and paid on March 20, 1996 : Date Check Numbers Amount 3/20/96 Checks 210114-210436 $ 265, 999. 31 Advices 32718-33162 572 , 297 .83 $ 838, 297 . 14 REPORTS Council President. Houser reminded the Council that the City' s "Guide To Services" phone book will contain home phone numbers for the Council- members unless they contact her before the next edition is printed. Operations Committee. Johnson announced that the Committee will meet at 4 : 30 p.m. on Wednesday, April 3rd. Planning Committee. Orr announced that the Committee will meet on Tuesday, April 16, at 4 : 00 p.m. Administrative Reports. Mayor White noted that mayors from Norway will soon be visiting, and asked that Councilmembers contact his office regarding attending a luncheon or reception on April 23 . Operations Director McFall reminded the Council that a tabletop exercise will be held at 6 : 00 p.m. on April 9, regarding emergency preparedness. EXECUTIVE At 7 : 30 p.m. , McFall announced an executive SESSION session of approximately thirty minutes to discuss property acquisition and pending litigation. The meeting reconvened at 8 : 05 p.m. Property Acquisition. JOHNSON MOVED to authorize the Mayor to sign the Purchase and Sale Agreement with Centennial Venture Limited Partnership for the purchase of Centennial Center properties and authorization to proceed with Lehman Brothers for issuance of Councilmanic Bonds in an amount not to exceed $12 . 4 million to finance said purchase. Woods seconded and the motion carried. Pending Litigation. JOHNSON MOVED to approve settlement of eminent domain action between the City of Kent and AMB Investments, Inc. , et. al. , 7 April 2 , 1996 EXECUTIVE King County Superior Court Cause No. 94-2-29228- SESSION 5, of $1, 775, 000 plus reasonable costs and attorney fees, subject to fulfillment of all specified terms and conditions negotiated by the City and subject to approval of final language by the City Attorney. Woods seconded and the motion carried. ADJOURNMENT There was no further business to come before the Council and the meeting adjourned at 8 : 10 p.m. Brenda Ja�cober, CMC City Cle k 8 /44 Kent City Council Meeting Date April 16, 1996 Category Consent Calendar 1. SUBJECT: LID 347 - RUSSELL ROAD & MEEKER TRAFFIC SIGNAL - RESOLUTION 2 . SUMMARY STATEMENT: As recommended by the Publ 'c Works Committee, authorization to adopt Resolution No. L ?` setting the public hearing date of May 7th for the formation of LID 347 - Meeker Street/Russell Road Traffic Signal. 3 . EXHIBITS: Public Works Director memorandum, resolution, Public Works minutes and vicinity map 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• .ACTION• Council Agenda Item No. 3C DEPARTMENT OF PUBLIC WORKS April 10, 1996 TO: Public Works Committee FROM: Don Wickstromks�) RE: Meeker St/Russell Rd. Traffic Signal Included in the adopted Capital Facilities Plan was the installation of the above referenced signal. Partial funding of this signal project was included in the '96 budget. The balance of the needed funds was anticipated to be via an L.I.D. To date we have held an informal meeting with the potential L.I.D. participants (see correspondence) and it appears there is adequate support (independent of the L.I.D. Participatory Agreement) to proceed with the formation of the L.I.D. There was only one concern raised at the meeting and it was not against the project or support for same. It was related to the assessment distribution as it pertains to the land use. As a result, we re-evaluated the assessment distribution and advised the participants of the modifications. At this point, we are ready to proceed with the formation of the L.I.D. for which the first step is passage of a Resolution setting a public hearing date on the formation of the L.I.D. ACTION: Adoption of the Resolution setting a public hearing date on the formation of the L.I.D. April 3, 1996 RE: PROPOSED LID 347: MEEKER STREET/RUSSELL ROAD TRAFFIC SIGNAL Dear Property Owner: A property owner meeting was held on March 20, 1996 to discuss the proposed project and LID formation. I would like to thank those of you who attended. One particular property owner voiced disapproval of the assessment distribution method used. He felt that in addition to the size of the property, the traffic generation potential for the land use or zoning be factored in. Subsequent to the meeting,the Engineering staff reviewed the distribution method and agreed that the traffic factor should be considered. Land uses that create more traffic for the same size of property should participate at a higher rate since that property will use the signal to a greater extent and receive more benefit. The signal participation covenants were also reviewed. The covenants contained language indicating that the costs would be distributed based on trips, (traffic generated by the property). Therefore,the assessments have been revised as shown on the attachment. In revising the assessments typical trip generation factors for the various land uses were determined and a weighing factor was determined to be used in the distribution formula_ These factors are as follows: Commercial 22 Medium Density Residential 2.55 Mobile Home Park 1 Residential/Agricultural 0.9 LID 347rrMV96108 April 3. 1996 The square footage of the property is multiplied by the weighing factor before proportioninL, the LID costs. Several other factors entered into the cost distribution. Since this revised method would lower the City share and since the City has agreed to and budgeted for the original assessment, the city's assessment remained the same. Only privately owned properties were included in the revised assessments. Also, in reviewing previous signal LID's the cost is usually split with 50% going to each side of the intersection. In this case 50% ($33,821.77) would go to properties north of Meeker and 50% to the properties south of Meeker. One last consideration was made on Parcel 4 which is a commercial property but has a hotel on the north end. This portion of the property was treated as multiple family, medium density residential. The tentative revised project schedule is as follows: Public Works Committee April 10, 1996 Resolution of Intent (by City Council) April 16, 1996 Public Hearing May 7, 1996 Ordinance Creating LID May 21, 1996 Award Construction Contract June 4, 1996 Begin Construction Approximately July 24, 1996 Should you have questions or comments regarding the revised assessments, please call me at (206) 859- 3384. Very truly yours, Merrill Vesper Engineering Supervisor LID347, ,MV061o8 Apri13, 1996 LID 347 MEEKER STREET/RUSSELL ROAD TRAFFIC SIGNAL PRELIMINARY ASSESSMENTS February 28. 1996 Revised .April 3, 1996 ASSESSMENT NAME PRELIMINARY NUMBER (From King County Tax Rolls) ASSESSMENT .1. Citv of Kent S 10,326.57 2. City of Kent S 15,080.69 3. City of Kent S 1,416.12 *4. Piramco Kent, Inc. S 25,632.72 5. Shafrans Mobile Estates S 1,941.10 6. Glen &Blanche Player S 2,271.66 *7. Richard A. & Rita Lopriore S 3,975.89 S. City of Kent S 5,533.88 *9. Riverwood Venture LP S 33;821.37 LID ASSESSMENT TOTAL S 100,000.00 * Indicates signal LID covenant signed by property owner. COVENANT TOTAL S 63.429.98 LID LESS CITY PROPERTY S 67,642.74 COVENANT PERCENTAGE 93.77% LID =47,'rMV0 61 os April J, I990 CITY OF � iLly'Lr' J Jim White, Mayor February 29, 1996 RE: PROPOSED LID 347: MEEKER STREET/RUSSELL ROAD TRAFFIC SIGNAL Dear Property Owner: The City has proposed the installation of a traffic signal at the above referenced intersection. With the increasing traffic levels at this intersection, ingress and egress for Russell Road is becoming difficult and is an increasing traffic safety concern as demonstrated by various traffic accidents. Also the City has received numerous complaints regarding the need for a signal. Therefore, the Citv is pursuing the installation of a traffic signal and has budgeted a portion of the funds for same. To finance the balance of the project costs, the City is pursuing the formation of a Local Improvement District (LID). This letter explains the LID process,provides details regarding the proposed project and notifies you of a property owner meeting to discuss the proposal. PROPERTY OWNER MEETING An informal property owner meeting will be held on March 20, 1996 to discuss the proposed LID. This meeting will be held at 2:00 pm in Conference Room #3 at the City of Kent Engineering Office located in the Centennial Center, 400 West Gowe Street, Second Floor. Proposed Improvements The project consists of the installation of a fully actuated 8-phase traffic signal with pedestrian detection and crossing indications at the intersection of Russell Road and West Meeker Street. In addition, a southbound to westbound right turn lane will be installed. Also the intersection approach profile on the north side will be modified to improve sight distance to the east. Local Improvement District Financing This project is proposed to be funded partially by the Local Improvements District method. The Cite will lure a contractor to construct the project, will sell LID bonds to initially finance the project and will then assess the properties involved to pay off the bonds. The assessments are usually paid in yearly installments (1/I Oth of the principal plus interest on the unpaid balance) over a ten-year period. or they can be paid in full 'Mth one payment. The interest rate is determined by the market at the time the LID bonds are sold to the public. -11 11 -- Basic LID Formation Steps The LID formation process consists of the following steps: l. Identification of project. 2. City prepared estimate and preliminary assessments. 3. Property owner meeting with Engineering Department Staff. 4. Proposal goes before the Public Works Committee for approval. 5. City Council passes Resolution of Intent. 6. Public Hearing date set. 7. Public Hearing and assessment notices mailed. 8. Public Hearing. 9. Protest received. 10. Final approval of Ordinance (if insufficient protests are received and City Council decides to approve LID formation). 11. Construction bids received. 12. Final assessment hearing. 13. Construction of project. 14. Payment of assessments begin. If approved,the project will be advertised for bids and constructed this summer. Prior to bid award, a final assessment hearing is held and LID bonds are sold. Your first yearly payment will be due one year from that time. Project Cost The total estimated cost for the proposed project including construction, engineering, survey, construction inspection, LID bonding and associated costs is $238,000. The City is proposing to fund $138,000 of the project total. The balance of$100,000 shall be funded by the LID. Also, City property will be assessed $32,357. Assessment Method An LID assessment boundary was established which includes properties which utilize the Meeker Street and Russell Road intersection for ingress and egress. The total LID cost is distributed over these properties based on square footage. For properties with access from another direction, an adjustment in the square footage assessed was made. South of Meeker the assessments extend to the end of Russell Road at the river. To the north, the assessment limit is halfway to James Street, the next east/west street. See the attached assessment map which shown the assessed areas. It should be noted that traffic generated by properties outside of the LID boundary may utilize the signal. However the numbers of such trips per parcel are small when compared to those�rithin the LID. The small benefit to other properties, and the area in general, is more than compensated for by the funding prov' ' d by the City. The LID assessments relate to the special benefits received by individual properties. LID AR roval To approve an LID, property owners with combined LID assessments representing 40 percent of the total assessment total must support the LID The City properties do not have a say in the LID fom7ation, therefore the City properties are deleted for the percentage calculation. In this case, the estimated 40 percent assessment figure is approximately $27,057. Enclosed is a map showing the proposed LID assessment boundary and the assessment numbers assigned to each parcel within the boundary. Also enclosed is a preliminary assessment listing for each of the parcels within the LID assessment boundary. The City has determined that owners with a combined 72.76 percent of the total assessment are at this time obligated to participate in this signal improvement LID via executed no-protest covenants. The final decision of whether or not to form the LID, however will be made by the City Council following a public hearing. See the attachment for a summary of existing covenants. Final Assessment Once bids are received, an estimate of the final total project costs is made. With that a final assessment is calculated and a final assessment hearing is held. At this hearing, you may protest the amount of your assessment based on benefit (increase in property value) to your property derived from the construction project. This requires the submittal of a before and after real estate appraisal. To have a valid protest, the appraisal must show that the LID assessment is greater than the benefit provided by the LID. Mailing List Update Your name is shown on the King County tax rolls. If you are no longer the owner of the property, have a new address, or request that another party be listed, please let me know so the revisions or additions can be made to our mailing list. If you are unable to attend the meeting, but have questions, or comments, please call me at 859-3383. Very truly yours, 4�,� 1-" /4 Merrill K. Vesper Design Engineering Supervisor File 70.5 T/MV96050 PROPOSED LID MEEKER STREET/RUSSELL ROAD TRAFFIC SIGNAL PRELIMINARY ASSESSMENTS February 28, 1996 ASSESSMENT NAME PRELIMINARY NUMBER (From King County Tax Rolls) ASSESSMENT 1• City of Kent $ 10,326.57 2. City of Kent $ 15,080.69 City of Kent $ 1,416.12 *4• Piramco Kent, Inc. $ 10,971.25 5. Shafrans Mobile Estates $ 12,628 25 6. Sumi Martinez $ 5,795.59 7. Richard A. & Rita Lopriore $ 1,175.73 8. City of Kent $ 5.533 88 *9• Riverwood Apartments - 336 LTD $ 37.071.92 LID ASSESSMENT TOTAL $100,000.00 * Indicates signal LID covenant sinned by property owner. COVENANT TOTAL $ 49.218.90 LID LESS CITY PROPERTY $ 67.642.74 72.76% PROPOSED SIGNAL LID 347 WEST MEEKER STREET AND RUSSELL ROAD ,SIGNAL PARTICIPATION COVENANTS TM1v1ARY 4`4 Covenant No. 79 Tax No. 232204-9088-09 Plaza By The Green Rec. No.: 9002120420 Date Signed: 12/28/89 Signed By: James P.K. Young and Shirley S.L. Young r7 Covenant No. 81 Tax No. 232204-9075-04 Gregoire Produce Rec. No.: 9202100786 Date Signed: 02/05/92 Signed By: Richard Lopriore and Rita Lopriore 49 Covenant No. 10 Tax No. 232204-9086-01 Okimoto (Riverbend Apts.) Rec. No.: 8503060025 Date Signed: 03/01/85 Signed By: G.E. Deal attorney for: Theodore L. Rand and Gloria K. Rand, his wife; Marc Christian Zener, as his separate estate; Helen J. Boice, formerly Helen J. Cichy, as her separate estate; Ralph Benaroya, as his separate estate; Estate of Hans Christensen; Dorothy Berchauer, Personal Representative; William L. Henson, Sr. and C. Ann Henson, his wife; Clyde Casey, his wife; Bert J. McNae, as his separate estate; Bert J. McNae Inc., a Washington corporation; Jean Manning, Formerly Jean Yeager, who is identical with Jane Yeager, individually as her separate estate; Capital Cascade Corporation, a Washington corporation, Jean Manning, President; Robert H. Thurston, Severt W. Thurston,Jr., Susan Thurston (formerly Grathwohl Divelbiss), and Sherry Thurston Tossell, all as their separate and individual estates, sole and surviving shareholders of Thurston Realty Company, a dissolved Washington corporation; Rod J. McNae, as his separate estate; AND William Bruce McNae, as his separate estate. NOTE: Copies of these documents are available at the City of Kent Engineering Department Property Management Section. T/MV96051 N UITI II 1 SCALE: 1 ''=500' 5. 7VOIM. 51. ASSESSMENT NUMBER-0 1 e � icncc" �G uN i L L.I.D. BOUNDARY O .( N AREA ASSESSED ] I INDICATES L.I.D. COVENANT M. MEEKER ST. 4 i ' x NEW SIGNAL 7 , O`HES po• ENV W' /y/ � %'i�~�/�EHt C� � �I�j: 1 PIYEP `oll'/� t lI P� i L. I.D. 347 - MEEKER ST./RUSSELL RD SIGNAL 2/14/96 Committee unanimously recommended authorizing the Mayor to sign the grant agreement and direct staff to accept the grant and establish the budget for same. Stop Sign - 2nd & Cloudy Streets Wickstrom noted that we did a traffic study which indicated a very low volume and unnecessary warrants for a 4-way stop sign. He suggested that staff inquire as to who made the request for a stop sign and than do some neighborhood traffic control work in the area. Epperly noted that the problem seems to be the speed of traffic rather than the volume. Meeker Street/Russell Road Traffic Signal Y Wickstrom explained that in the budget we had a funded portion of the total project costs to put a signal in at the intersection of Russell Rd & Meeker St with the balance of it to be funded by an LID of the adjacent owners, which includes Kent Parks properties. Wickstrom stated that we have had the meeting with the property owners and have mailed out their assessments. At that meeting there were no negative complaints;we had one property owner who raised a concern about his assessment in terms of his trip generations. Wickstrom said we reviewed this and sent him a letter explaining the new assessment. He said that the next step is to proceed with the formation of an LID with the adoption of a Resolution at full Council. Committee unanimously recommended adoption of a resolution setting a public hearing date on the formation of the Meeker St/Russell Road Traffic Signal LID. Stop - Gowe Street- Gowe Street Wickstrom said that we have advertised in the local paper, on our cable channel and we sent individual notices to all the businesses in the downtown area for their input on this item. Clark opened the meeting for public comments. It was the general consensus of everyone in attendance that the stop signs should never have been installed as they are and should be removed. Committee unanimously recommended removing the east/west stop signs on Gowe St at 1 st Ave& Gowe St and Railroad Ave & Gowe St. Meeting adjourned: 4:30 P.M. 2 CITY OF KENT, WASHINGTON RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent , Washington, declaring its intention to order the installation of a traffic signal at the intersection of West Meeker Street and Russell Road and related improvements and to create a local improvement district to assess a part of the cost and expense of carrying out those improvements against the properties specially benefited thereby, and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on May 7, 1996 . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows : Section 1 . It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the installation of a fully actuated 8-phase traffic signal with pedestrian detection and crossing indications at the intersection of West Meeker Street and Russell Road, including the installation of a southbound to westbound right turn lane . In addition, the intersection approach profile on the north side will be modified to improve sign distance to the east . All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Director of Public works of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements . Section 2 . The total estimated cost and expense of the improvements is declared to. be $238 , 000 and approximately $138 , 000 0230638.01 of that cost and expense shall be paid by the City and the balance thereof (approximately $100 , 000) shall be borne by and assessed against the property specially benefited by the improvements to be included in a local improvement district to be established embracing as nearly as practicable all the property specially benefited by the improvements . Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. Section 3 . The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the King County Assessor at the address shown thereon, as required by law. This resolution also shall be published in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least fifteen days prior to the date fixed for the public hearing. Section 4 . All persons who may desire to comment in support of or object to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent , Washington, at 7 : 00 p .m. on May 7, 1996 , which time and place are fixed for hearing all matters relating to the improvements and all 0230638.01 -2- comments thereon or objections thereto and for determining the method of payment for the improvements . All persons who may desire to comment thereon or object thereto should appear and present their comments or objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. Section S . The City' s Director of Public Works is directed to submit to the City Council on or prior to May 7, 1996, all data and information required by law to be submitted. Passed at a regular open public meeting by the City Council of the City of Kent, Washington, this 16th day of April, 1996 . Concurred in by the Mayor of the City of Kent this day of April, 1996 . JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: FOSTER PEPPER & SHEFE MAN Special Counsel and Bond Counsel 0230638.01 -3- EXHIBIT A PRELIMINARY BOUNDARY LEGAL DESCRIPTION LID 347 WEST MEEKER ST &RUSSELL RD SIGNAL That portion of Section 23, Township 22 North, Range 4 East, W.M., King County, Wa. described as follows; (T.L. #9048) Beginning 2001.9 feet west and 1359.7 feet south of the northeast corner of Section; thence west to easterly margin County road; thence northerly along County road to a point 36 feet north of said south line; thence east parallel with and 36 feet north of the south line to a point 500 feet west and 36 feet north of beginning; thence north 224 feet; thence east 500 feet; thence south to beginning, AND ALSO; That portion of Section 23, Township 22 North, Range 4 East, W.M., King County, Wa. described as follows; (T.L. #9027) Beginning 2001.9 feet west of the northeast corner of Section; thence west 1517.36 feet; thence South 09°58'00" east along County road 247.11 feet; thence South 20035'00" East along the east line of County road 1154.7 feet; thence east to a point 500 feet west of line drawn south from beginning; thence north 224 feet; thence east 500 feet; thence north to beginning, AND ALSO; That portion of Section 23,Township 22 North, Range 4 East, W.M. King County, Wa. described as follow; (T.L. #9002) A 15 foot wide strip located in the northeast and northwest quarters of Section 23 Township 22 North Range 4 East centerline of winch begins at a point on the west boundary line of C: C. Thompson Donation Land Claim which is 605 feet north from the north line of W. Meeker Avenue and runs; thence South 88°30' west 1956 feet less west 150 feet thereof; together with that portion of the northwest quarter of said Section 23 described as follows: Beginning 35 19.2 6 feet west of the northeast comer of said.Section; thence South 09*58,00" east 247.11 feet; thence South 20°30'00" east 1192.30 feet to the True Point of Beginning; thence North 88°30'00" east 150 feet; thence south 50 feet; thence South 88°30'00" west to the east margin of John Downey Road No. 722 (54th Place S); thence northwesterly along said east margin to the True Point of Beginning less that portion lying within 64th Avenue South and less that portion within City of. Kent Short Plat No. SP-91-18 Recording No. 9212010934, AND ALSO; That portion of Section 23, Township 22 North, Range 4 East W.M., King County, Wa. described as follows: (T.L. #9088) That portion of the southeast quarter of the northwest quarter described as follows: Commencing at the centerline monument station 23+30.704 City of Kent plans; thence North 24°14'47" west right angle to centerline tangent of West Meeker 30 feet to the True Point of Beginning; thence South 65°45'12.6" west along the northerly margin of said station 241.60 feet; thence North 200441271, west 159.37 feet; thence North 18°36'47" west 536.74 feet; thence North 70022123" East 300.23 feet; thence South 19°43'27" East 639.97 feet to a point of curve center which bears South 70*16'33" West 35 feet; thence southwesterly along a curve to right radius 35 feet thru central angle of 89020'43" an arc distance of 54.88 feet to a point of reverse curve center which bears South 20°2244" east 480 feet; thence southwestly along a curve to the left radius 480 feet thru central angle 03°52'03" arc distance of 32.40 feet to a point of tangent and the True Point of Beginning, AND ALSO; That portion of Section 23, Township 22 North, Range 4 East W.M., King County, Wa. described as follows: (T.L. #9062) The northerly 300 feet of that portion of the southwest quarter of the northeast quarter and southeast quarter of the northwest quarter described as follows: Beginning 2001.9 feet west and 1359.7 feet south of the northeast comer of Section; thence west 1055.2 feet more or less to the east line of County road; thence southeasterly along said road 692.3 feet to the north line of Meeker Avenue; thence east along said north line 805.9 feet more or less to a point 899.9 feet west of the west line of Thompson Donation Claim; thence north 629.9 feet to beginning less that portion to City of Kent together with that portion of the north half beginning at a point on the north line of Meeker Street 899.9 feet west of the west line of Thompson Donation Claim; thence north 329.9 feet to the True Point of Beginning; thence south 329.9 feet; thence west 30 feet; thence north 320 feet; thence west 175 feet; thence south 20 feet; thence west to the easterly margin of Road #722; thence northerly along said easterly margin to a point west of the True Point of Beginning; thence east to the True Point of Beginning, AND ALSO; That portion of Section 23, Township 22 North, Range 4 East, W.M., King County, Wa. described as follows: (T.L. #9063) The north 150 feet of the south 300 feet of the following described portion of the southwest quarter of the northeast quarter and the southeast quarter of the northwest quarter of Section 23, Township 22 North, Range 4 East, Beginning at a point 2001.9 feet west and 1359.7 feet south of the northeast comer of said Section 23; thence west 1055.2 feet more or less to the easterly line of County Road No. 722 (54th Place South); thence southeasterly along said easterly line 692.3 feet to the north line of West Meeker Street; thence east along said north line 805.9 feet to a point 899.9 feet west of the west line of Thompson Donation Land Claim No 39; thence north 629.9 feet to point of beginning less the east 355 feet thereof; together with that portion of the southwest quarter of the northeast quarter of said Section 23 described as follows: Beginning at the southeast corner of the above described parcel; thence east 14.7 feet, thence northerly to a point 12.4 feet east of the northeast comer of the above described parcel; thence west 12.4 feet; thence south to the point of beginning; together with that portion of the southwest quarter of the northeast quarter of said Section 23 described as follows: Beginning at the intersection of the north line of West Meeker Street and easterly line of County Road No. 722; thence easterly along said north line I50 feet to the True Point of Beginning; thence east to a point 1254.9 feet west of.the west line of Thompson Donation Land Claim No. 39; thence north 150 feet; thence west to a point north of the True Point of Beginning; thence south to the True Point of Beginning less the south 140 feet of the east 150 feet and less the west 152.39 feet thereof, AND ALSO; That portion of Section 23,Township 22 North, Range 4 East,W.M., IGng County, Wa. described as follows; (T.L#9075) That portion of the southeast quarter of the northwest quarter of Section 23 Township 22 North Range 4 East described as follows: Beginning at a point on the north line of Meeker Avenue bearing South 88°34'22" west 1404.9 feet from the west line CC Thompson Donation Land Claim No. 39; thence continuing South 88034,22" west 203.68 feet to the True Point of Beginning; thence continuing South 88°34'22" west 48.94 feet to point of curve of tangent as established in highway plans in 1916; thence along tangent curve to the left with radius 316.48 feet arc distance 48.62 feet to the east boundary of Russell Road; thence North 19°59'36" west along said boundary 163.15 feet; thence.North 881134122" east 152.00 feet; thence South 00°25'38" east 150.00 feet to the True Point of Beginning also known as "New Lot B" as described and delineated per City of Kent Lot Line Adjustment No. LL-92-1 Recording No. 9201140509 less portion conveyed to the City of Kent by deed under Recording No. 9202110557, AND ALSO; That portion of Section 23, Township 22 North, Range 4 East, W.M., King County Wa..described as follows; (T.L. #9011) That portion of Government Lots 4 and 5 and of the southeast quarter of the northwest quarter lying southerly of State Highway #5-A and westerly of John Downey Road #722 less Colony Park contained in . Volume 31/55-57, AND ALSO; That portion of Section 23, Township 22 North, Range 4 East W.M., King County, Wa. described as follows; (T.L. #9086) Lot 4 of City of Kent Short Plat No. SP 84-8 Recording No. 8503211054 said Short Plat described as follows; Beginning at the northeast corner of said Section; thence South 29017'38" west 2307.08 feet to the intersection of the west line of CC Thompson Donation Claim with the south line of 60 feet of right of way of South 246th Street (W. Meeker Street) said west line being centerline of 60 foot right of way of 64th Avenue South; thence westerly along said south line South 89034'22" west 30.01 feet to a point on the westerly line of said 64th Avenue South; thence southerly along said west line of 64th Avenue S. South 00*36'51" west 35.46 feet to the True Point of Beginning; thence continuing southerly along said west line of 64th Avenue S. South 00°36'51" west 721.09 feet; thence South 89034'22" west 996.80 feet; thence South 00°36'S 1" west 34.93 feet to a point on line of ordinary high water along the northerly side of Green River, thence westerly along said waterline following courses and distance North 80°07'09" west 185.90 feet; thence South 76°102" west 145.13 feet; thence South 65°38'58" west 160.98 feet to a point on the easterly line of Russell Road right of way; thence along the northeasterly right of way line North 11*07152" west 27.01 feet to a point on a curve to the left center bearing North 45°48'48" east; thence along said curve to the left radius 55 feet central angle 113053'18" 109.32 feet to said right of way line; thence along.said right of way line North 11007152" west 67.95 feet to the west line of the southeast quarter of said Section 23; thence South 00°4626" west along said west line 24.24 feet to the easterly line of road right of way deeded to the City of Kent; thence along the following courses and distance North 11°07'52" west 668.18 feet to point of curve to right radius 25 feet central angle 96°51'48" 42.27 feet to a point 40 feet southerly, measured radially, from centerline of.South 246th Street and point of a curve to right radius 410 feet central angle 03050'26" 27.48 feet; thence North 89034122" east 1565.85 feet to a point on curve to right radius 25 feet central angle 91002129" 39.72 feet to the True Point of Beginning. Also known as portion of SPC 85-2. I , BRENDA JACOBER, City Clerk of the City of Kent , Washington, certify that the attached copy of Resolution No . is a true and correct copy of the original resolution adopted on the 16th day of April, 1996 , as that resolution appears on the Minute Book of the City. DATED this day of April, 1996 . Brenda Jacober, City Clerk 0230638.01 Kent City Council Meeting Date April 16, 1996 Category Consent Calendar 1. SUBJECT: CELLULAR PHONE EQUIPMENT PROPOSAL - BUDGET CHANGE 2. SUMMARY STATEMENT: In order to improve communications between the Council and City staff, the Operations Committee recommends that the Council authorize purchase of cellular phone equipment and a budget change to the City Council budget for the purchase of minor tools and equipment for approximately $1,734 . 46 and associated telephone expenses, not to exceed $4, 200 annually. 3 . EXHIBITS: Memorandum and attachments 4. RECOMMENDED BY: O erations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $5 , 934 . 46 SOURCE OF FUNDS: General Fund 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3D MEMORANDUM DATE: March 29, 1996 TO: Jon Johnson, Operations Committee Chair Operations Committeemembers FROM: J. Brent McFall, Director of Operations Z� SUBJECT: Cellular Phone Equipment Proposal Councilmembers have expressed interest in cellular phones to improve communications with the City. Please find attached a summary of costs associated with the purchase and usage of cellular phones as well as user information. This item has not previously been budgeted and would require a budget change to the City Council's budget. The proposed motion is based on all Councilmembers receiving and utilizing cellular phones. PROPOSED MOTION: The City Council authorizes purchase of the cellular phone equipment and a budget change to the City Council budget for the purchase of minor tools and equipment for approximately $1,734.46 and associated telephone expenses not to exceed $4,200. cc: Jim White, Mayor Attachment JBM:kno INFORMATION SERVICES DIVISION TO: OPERATIONS COMMITTEE FROM: Ron Spang, Information Services Division Directo 919-4 PREPARED BY: Dee Gergich, Telecommunications Analyse Wv�� DATE: March 29, 1996 o RE: Cellular Phone Equipment Proposal li}:n}:v%tif4:.:.}Y:.YYy}N}:4'n};.}}}}}i}:ti.:iti:xi:4•n v:.:4'.:4}:.}}i}v�:i}}}%.y.:v}}:::4:4:.i::.i}}:!.:::. v..:::rv. :.::� :.:.rv.. .:.:.v vr.nv. nn:.v::4:t:.v:;•p:•nvn.4.::n.:.fyn::4}v,•\.4}:ny:4i}}}nv}vi::is tinv}:np:4}'F.:nn}Y}i}:n:fnr}:iY^:.}i:�:+fp:}:A. } n....:... :v.....n.:n..:::Y4•W..F}:}�(ry ........Y ♦ .. } ......i.... ..v.�:}:ry :::::::rvv: ::...... .......n...v.............. :C}:.... .{::}.:.v..................{..F... :C:`v::..n.......n n.....:::v:::::::::::::::......4:}::.nn.......................rc:.v::.::::i}:::::::::::.::i iiY'.:4:tiA.::::nv1.y.:'f• ........v::...ry.......:.... .:..�..n............ ..... .....:.v.. ...............}:rv...... v.rv:::::::.>..::..................:........................n.................n..........:....F.....{.::n:<iti4}}}}..:... :f::j:i}:4:j v:v:f ;•ry..v.nw::. .. 4'N: :.:..v.n .v .:n ::..;.:: ...v.:v:<.v..:::::..:::::::. .:r1ik:J': :Y:k..nv EQYJIPMENT``T2EC()MMENDATION "'.�w.�t,�"`is`n"recomriieiide�t4%�riat"�ttie`�""Operatons Commttee`4` consider purchasing the NEC model P810 cellular phone for Council use. The P810 measures 6.3 inches long by 2 inches wide by 1:2 inches deep, weighing about 8. 8 ounces. This rectangular shaped cellular phone is compact and fits nicely in the hand; it is not a flip style cellular phone. The P810 is a new product line for NEC, which the city' s cellular provider will reportedly be selling for somewhere between $131 and $159 . The city's cellular provider will be announcing •the P810 ' s cost on April 1, 1996. For example, an estimated cost breakdown at both the $131 and $159 rates are shown below: $131. Rate $159 Rate **NEC Model P810 Cellular Phone $ 131. 00 $ 159. 00 --includes phone, battery, desk charger. **Accessories --Spare Battery $ 30. 00 --Battery Saver/Auto Use 40. 00 70 . 00 70. 00 Sub-total: $ 201. 00 $ 229. 00 **8 . 2% Sales Tax 16. 48 18.78 Estimated Purchase Total: $ 217.48 $ 247 .78 ------------------------------------------------------------------------ Optional Carry Case ($26) , tax included. 28 . 13 28.13 Estimated Purchase Total With Carry Case: $ 245.61 $ 275.91 Using the above -figures, the estimated purchase cost for seven each P810 cellular phones without carry case would range from $1, 522 . 36 to $1,734 . 46 and with carry case from $1, 719. 27 to $1, 931. 37. OTHER COSTS AND INFORMATION: The operational cost for monthly airtime usage should be budgeted between $25 and $50 a month ($300 to $600 annually) per cellular phone. There is no monthly access fee to pay. Standard features of the P810 cellular phone include having six tenths of a watt for power with a dual antenna that works either retracted or extended along with continuous talk time of 130 minutes and a continuous battery standby time of 36 hours. Continuous talk time and battery standby time mean that if the P810 power was left on, the user could talk continuously for 130 minutes or the battery will operate for 36 hours before power is lost. 2 - Attachment A lists some typical questions along with answers regarding cellular phone service. CC: Brent McFall, Director of Operations Bob Olson, Computer Operations Supervisor ATTACHMENT A 1. How do you answer an incoming call and make an outgoing call on the P810? Answer: The user presses the SEND key to answer a call and then presses the END key to hang up when through talking. The user dials the desired phone number and presses the SEND button to make a call . 2. What is airtime? Answer: Airtime is when a cellular phone user is making an outgoing call or answering an incoming call and is charged by the minute for both types of calls. Charges for airtime are at two different rates depending on the time of the call. Between 6 a.m. and 7 p.m. , Monday through Friday, the cost per minute (a peak minute) is 28 cents. Between 7 p.m. and 6 a.m. , Monday through Friday, and all hours for weekends and holidays, the cost per minute (an off-peak minute) is 10 cents. 3 . Does the city have a cellular phone policy? Answer: Yes, the city developed and implemented such a policy out- lining guidelines for purchase of cellular phones and their use, and reimbursement procedures as well as authority and administrative responsibility levels. See attachment B. 4. How long is the warranty on the P810? Answer: One year warranty on parts and labor. 5. What happens if the P810 cellular phone does not work? Answer: Council member contacts Administration, who notifies Information Services. Information Services will coordinate repair work and arrange for a cellular phone loaner unit while P810 is being repaired. 6. What happens if my assigned P180 is lost or stolen? Answer: Council member contacts Administration as soon as possible so that Information Services can have cellular service provider suspend service until the P810 is found or a decision has been made to replace the stolen cellular phone. 7 . Is training available on how to use a cellular phone? Answer: Information Services is planning on holding two training sessions sometime in April/May to review basics for city staff. If a separate session is needed for Council, I.S . . can coordinate arrangements with the vendor. ATTACHMENT B CITY OF KENT POLICY NUMBER: 7.4 EFFECTIVE DATE: June 13, 1994 SUBJECT: CELLULAR MOBILE SUPERSEDE : New TELEPHONES APPROVED: F,4 i White, Mayor POLICY: The objectives of this policy are summarized below: 1) to establish guidelines for the City to purchase cellular phones for employees, public officials and others, who incur authorized cellular expenses, to make business related calls or calls outlined under a reimbursement agreement; 2) to establish reimbursement procedures: a) City business calls made on an employee-owned cellular phone, and b) employee personal calls made on a City- " owned cellular phone; 3) and to establish and define authority and administrative responsibility levels for cellular technology services. In accordance with: Article VIII. Section 7. State Constitution. "No county, city, town or other municipal corporation shall hereafter give any money, or property,or loan its money, or credit to or in aid of any individual, association, company, or corporation,..." this related Policy is set forth in the City of Kent. 7.4.1. CITY EMPLOYEES AND CITY OFFICIALS: A. For City-owned Cellular Mobile Telephones Usage City-owned cellular telephones and services shall be used for City business and in the event of emergencies. The City reserves the right to monitor the use of all City- owned cellular phones. Cellular transmissions are not secure. So, employees should use discretion in relaying confidential information. "Reasonable precaution should be made to prevent equipment theft and vandalism. City-owned cellular phones shall not be used predominately for personal calls. Cellular telephones should not be used when a less costly alternative is safe, convenient, and readily available. Comparing cellular usage costs to alternative communication choices and looking at level of employee need and usage merit consideration prior to cellular phone acquisition. Cellular technology services at government contract rates are p:lpolideMcellular.pol 7.4 - Page 1 of 3 ATTACHMENT B CELLULAR MOBILE TELEPHONES NUMBER 7.4 only applicable for purchase of cellular equipment for City use and for calls made on City-owned cellular phones. Business, emergency, and personal calls are defined per the City as: 1. Business calls occurs when City employee or public official is conducting official business over the cellular phone in the field, at meetings, conferences, seminars or in transit between assignments, buildings, etc. 2. Emergency call occurs when City employee or public official is conducting official business over the cellular phone when a disaster or emergency situation occurs. Earthquake, fire, storm, accident, fire, police or any public safety emergency, etc. exemplify such incidents. 3. Unless a call to family is necessary due to odd hours, long hours, or late hours' work activities, a personal call occurs when City employee or public official is conducting personal business over the City-owned cellular phone during any hours for making personal appointments, calling friends and relatives, conducting employee-owned business calls, etc. B. For Emolovee-owned Cellular Mobile Telephone Usaae If approved by the City, a City employee or public official may use their personal cellular phone for City business related calls and be reimbursed by the City. Government contract rate for cellular technology services is not applicable for employee-owned cellular phones. City employees may accept group discount rates for purchasing and using cellular phones for personal use, but the government contracts may not be used to obtain cellular equipment or services for personal use. Expenses accrued for the purchase of employee-owned cellular phones and air time usage should be billed directly to the employee or public official. C. Reimbursement Procedures 1. Emolovee Personal Calls for City-owned Cellular Phones The City recognizes that occasions arise in which personal calls need to be made from City-owned cellular phones. Information Services Division shall provide each employee or public official to whom a cellular phone is assigned a copy of the monthly charges against that phone. The employee or public official shall review the bill and identify and claim any personal calls charged. The City employee or public official shall total the charges of personal calls for that month. The employee will immediately reimburse the City or, upon failure to pay, have the amount due deducted from their paycheck. The City may require that a reimbursement agreement be signed between the employee and the City to secure payment for personal cellular use. p:lpolicies\cellular.poi 7.4 - Page 2 of 3 ATTACHMENT B CELLULAR MOBILE TELEPHONES NUMBER 7.4 2. City Related Business Calls for Employee-owned Cellular Phones The City recognizes that occasions may arise in which City business calls need to be made. City employees or public officials will provide the dates, times, names of persons or businesses, phone numbers, and brief description of the nature of the call on a City Employee Reimbursement Form and forward it to Information Services Division. 7.4.2 CLAIMS, APPROVAL AND ADMINISTRATIVE PROCEDURE: A. Eligibility for City-owned cellular mobile telephones and usage for City employees and public officials must be recommended and approved by, depending on the circumstances, the department director and/or City Administration. B. Approval, usage agreements and reimbursement agreements between the City and City employee association, unions, etc. must be recommended by the department director(s), City Attorney and City Administration. C. Administrative Responsibility 1. Solicitation of cellular airtime service, procurement assistance of cellular equipment, and provision of any training and instruction materials will be the responsibility of the Information Services Division as well as conducting necessary research into any cellular technology applications needed by the City. 2. City departments will be responsible for issuing purchase orders for cellular equipment purchases upon department director approval. 3. Information Services Division will be responsible for administering the City- wide vendor cellular airtime billing account_ This also includes establishing and maintaining an inventory of City-owned cellular equipment for internal auditing purposes. 4. Information Services Division will provide consultative assistance in integrating a desired cellular technology service application with the City's existing telecommunications system. p:\policieslcellular.pol 7.4 Page 3 of 3 Kent City Council Meeting Date April 16, 1996 Category Consent Calendar 1. SUBJECT: KENT LIONS CLUB DONATION - ACCEPTANCE 2 . SUMMARY STATEMENT: Each year the Kent Lions Club donates $5, 000 to the Senior Center to assist low income seniors. The Parks Department is requesting Council acceptance of this donation. 3 . EXHIBITS: "Exhibit All of the grant outline from King County Cultural Resources Division 4 . RECOMMENDED BY: Parks Committee and Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E P.O. Box 5094—Kent, Washington 98064—(206) 852-LION March 26, 1996 Lea Bishop, Facility Manager Kent Senior Activity Center 600 E. Smith Street Kent, WA 98031 Dear Ms. Bishop: The Kent Lions Club is pleased to donate $5,000.00 to the Mill Creek Cafe senior lunch program. We know this donation will be used to help subsidize needy seniors in the Kent community. Sincerely, } t l fl } Pat Phillips _"Kent Lions President Kent City Council Meeting Date April 16 , 1996 Category Consent Calendar 1. SUBJECT: TEEN STAGE THEATER PROJECT GRANT - ACCEPTANCE 2 . SUMMARY STATEMENT: The City of Kent Arts Commission and the King County Cultural Resources Division mutually approved a grant for a Teen Stage Theater Project in the amount of $2,929. The funding will allow the Kent Arts Commission to hire a professional theatre artist to work with teens ages 12 -15 in a summer theatre workshop format. 3 . EXHIBITS: "Exhibit All of the grant outline from King County Cultural Resources Division 4. RECOMMENDED BY: Parks Committee and staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• .ACTION• Council Agenda Item No. 3F EXHIBIT A SCOPE OF SERVICE City of Kent Arts Commission and the King County Cultural Resources Division mutually agree that the following services be provided in accordance with.the application submitted to and approved by the King County Arts Commission. Partial support for "Teen Stage Theatre Project". The Kent Arts Commission will hire a professional theatre artist to work with teens ages 12-15 in a sum*^er theatre workshop format. Proposed schedule includes two hour sessions, two times per week for five weeks. 40 to 200 teens will participate in the project which will include a public presentation. Amount: $2,929 For artist fees and project costs. Payable upon completion of project, submittal-of invoice and documentation regarding: • Final budget, actual • Completion of evaluation forms • Final report of project activities • Programs, brochures, flyers if available PUBLIC BENEFIT The program will be free to the participants and will include a free public presentation. PUBLICITY/PROMOTION POLICY Prominent acknowledgment of the King County Arts Commission and Hotel/Motel Tax Revenues is required of all recipients for use in all publicity and promotional materials,-including, but not limited to brochures, press releases, programs, posters, public service announcements, flyers and advertisements. The following language is recommended: Supported by the King County Arts Commission Hotel/Motel Tax Revenues Final payment will not be made until acknowledgment is submitted on printed material 10Y' Kent City Council Meeting Date April 16 . 1996 Category Consent Calendar 1. SUBJECT: 1994/95 OPEN SPACE BOND INTEREST & PATHS AND TRAILS ACCOUNT - ACCEPTANCE 2 . SUMMARY STATEMENT: King County Open Space Bond interest is distributed each year to the local jurisdictions who accept the allocation and designate which project the interest is for. The Parks Department is requesting that the $55, 577 from 1994 interest money and $30, 000 of the $77, 009 in interest money from 1995 be allocated to the Interurban Trail project to cover the resurfacing of the older section of the trail, and the remaining $30, 000 of 1995 interest money go to the Lake Fenwick Trail project, still under construction. Also, the Parks Department requests authorization to transfer and expend the $1, 625 received from the sale of plans and specifications from these projects, and $31, 531 from the Paths and Trails revenue (from state gasoline taxes) to the Interurban Trail and Lake Fenwick Trail projects. 3 . EXHIBITS: Letter from King County Office of Open Space 4 . RECOMMENDED BY: Parks Committee and staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3G P1HR c' '9b 11: 16HP1 ]Ding Countv office of en space Parks Division Park+,Platmint�,a:td Resource$Department Smith To-tr 506 Second Avcnuc ROOM%OR Seattle,WA 96104 (206)296.7800 March 27, 1996 Helen Wickstrom, Superintendent Parks Administration City of Kent 220 - 4i0 Avenue South Kent, WA 98032-5895 Dear Ms. Wickstrom: Re: 1994 and 1995 Interest King County Council approved allocation of the 1994 interest earned on the remaining 1989 Open Space fund balances by Ordinance 12067. This ordinance allocated $55,577 to the 1989 Open Space Bond interurban trail project. This amount reflects the balance available after the arbitrage v.,as taken into account. The King County Finance staff has provided the Office of Open Space with the interest earned during 1995 in the amount of$77,009.58. We would appreciate the City of Kent advising to .vhich projects these funds are to be allocated by April 15. Please contact me if you have any questions on this matter. Sincerely, Robert Kniestedt Program Analyst RK:mch cc: James A. Greenfield; Administrator, Ofticc of Open Space �/l Kent City Council Meeting Date April 16 1996 Category Consent Calendar 1. SUBJECT: IAC APPLICATION AUTHORIZATION AND SITE PLAN ACCEPTANCE - RESOLUTION 2 . SUMMARY STATEMENT: Parks Planning and Development re- quests authorization to apply to the Interagency for Outdoor Recreation (IAC) for development of the East Hill Park Expansion site (Morrill Property) , acceptance of the proposed site plan to be submitted with the application, and adoption of Resolution No. " authorizing application. 3 . EXHIBITS: Resolution authorizing application to IAC and copy of site plan. original site plan will be displayed. 4. RECOMMENDED BY: Parks Committee and Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3H RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing application for funding assistance for the Washington Wildlife and Recreation Program to the Interagency Committee for outdoor Recreation as provided in Chapter 43 . 98A RCW, Washington Wildlife Recreation Program - Outdoor Recreation. 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 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 develop a community park in the eastern part of the city generally located on S .E . 248th, 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 development of thirteen and eleven hundredths acres (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 the City Capital Improvement Fund. Section 4 . The City of Kent does hereby certify that the city is responsible to support all non-cash commitments to the local share should they not materialize . Section 5 . That any facility developed with financial aid through the- Interagency Committee for Outdoor Recreation be placed in use as an outdoor recreation facility 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 6 . That this resolution become part of a formal application to the Interagency Committee for Outdoor Recreation. 2 Section 7 . That adequate notification has been given and the opportunity provided for public input and that published notices have identified affected floor plains and/or wetlands, if applicable . Section 8 . That the site plan has been adopted by the local governing body. Section 9 . That the City of Kent does certify that the City is owner of the land to develop and based on current knowledge, provides assurance there are no encumbrances on the land which would restrict the recreation or habitat conservation use of the land as proposed in this application. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1996 . Concurred in by the Mayor of the City of Kent, this day of 1996 . JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 3 I hereby certify that this is a true and correct copy of Resolution No . passed by the City Council of the City of Kent , Washington, the day of 1996 . (SEAL) BRENDA JACOBER, CITY CLERK wildlife.res 4 .J 1� R n l R l i � � Kent City Council Meeting Date April 16 , 1996 Category Consent Calendar 1. SUBJECT: S. 224TH STREET VACATION - RESOLUTION SETTING HEARING DATE 2 . SUMMARY STATEMENT: The Public Works Department has received a request for street vacation for a portion of South 224th Street from Harold and Karen Bishop. It has been recommended by the Public Works Committee that Resolution No. 1 14L2 be adopted setting the hearing date for May 21st for the South 244th Street Vacation. 3 . EXHIBITS: Public Works Director memorandum, resolution, Public Works minutes and vicinity map 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3I DEPARTMENT OF PUBLIC WORKS April 10, 1996 TO: Public Works Committee FROM: Don Wickstrom P RE: Street Vacation - S. 224th Street We have received a valid petition from Harold and Karen Bishop in Kent, to vacate a portion of S. 224th Street. In accordance with State law, a Public Hearing thereon must be held. As such, we recommend adoption of a resolution which sets the Public Hearing date. ACTION: Recommend adoption of a Resolution setting May 21 st as the hearing date for the S. 224th Street Vacation. RESOLUTION NO . A RESOLUTION of the City of Kent , Washington, regarding the vacation of a portion of South 224th Street , a dedicated, opened public street , in the City of Kent, and setting the public hearing on the proposed street vacation for May 21, 1996 . WHEREAS, a petition, attached as Exhibit A, has been filed by various property owners to vacate a portion of South 224th Street , a dedicated, opened public street , in the City of Kent, King County, Washington; and WHEREAS, these property cwr_ers own at 'Least two-thirds of the property abutting that portion of South 224th Street that is now being sought to be vacated; and WHEREAS , the petition is in all respects proper. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS : Section 1 . A public hearing on the street vacation petition requesting the vacation of a portion of South 224th Street shall be held at a regular meeting of the Kent City Council at 7 : 00 p .m. , Tuesday, May 21, 1996 , in the Council Chambers of City Hall located at 220 4th Avenue South, Kent , Washington, 98032 . 1 Section 2 . The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by law. Section 3 . The Planning director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on May 21 , 1996 . Passed at a reaular meeting of the City Council of the City of Kent , Washington this day of 1996 . Concurred in by the Mayor of the City of Kent , this _day of 1996 . JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 2 I hereby certify that this is a true and correct copy of Resolution No . passed by the City Council of the City of Kent, Washington, the day_ of 1996 . (SEAL) BRENDA JACOBER, CITY CLERK STVAC#10 .RES 3 OF r--�, OD L V WR 2 :8 I�(LnJ,I I lsss CC CITY CLERK ITY OF T MAIL TO: APPLICANT: CITY OF KENT NAME: HAROLD AND KAREN BISHOP Property Management 220 So. 4th Ave. Address: 8011 S. 222nd Kent, WA 98032 Kent NA 98032 Attn.: Jerry McCaughan Phone: (206) 872-8941 STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We, the undersigned abutting property owners, hereby respectfully request that certain S. 224th hereby be vacated. (General Location) Legal description (Must Contain Total Square Feet of Area Sought To Be Vacated) T BRIEF STATEMENT WHY VACATION IS BEING SOUGHT This area is outside the needed area for South 224th and by using this land for landscaping and needed parking areas will transform an inferior looking parcel into an asset to the City (substantial tax base increase) and surrounding property owners (visual). This area has never been used by the City for street purposes or any other use, and no public use is needed to secure adjacent properties. Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations, Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) Map must correspond with legal description,. ABUTTING PROPERTY OWNERS TAX LOT /�SIGNATURES AND ADDRESSES LOT, BLOCK & PLAT/SEC. TWN. RG `✓���yL(' � ESeprh a Addendum "A" hereto and by this reference made a part hereof. $150.00 Fee Paid Treasurer's Receipt 110. Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid - Treasurer's Receippt No. Deed Accepted Date_ a t Y Trade Accepted Date — - — — 5224-33A (I worwilk MAR-IJS0,00 -,JT e OF Ei - 22041h AVE.SO.. ;KENT,'NASHINGTON 98032-53951 ENGINEERING 205)859-3383;i7P<_9ATIONS(206,859-3395 FAX 4 859 3334 I I I J I J 1 I ' I I i I � i EASEVENT FOR INGRESS & \ 2J2p, I o EGRESS IN FA VO,R OF Ao PARCEL "B" PER LL-91-23 N 01-.4'09" E I 246.74 123.J7 1: x m � loci ^� -t - , � w w0111 o I � \ n< r) J - -�N w n I A A O w I I � gym-. m A V N O CnU SO' — OOO (*\, (n I V I 1 T� � A r^ I I N "1 m L\+ N 0"14'09" E 2639.44 — EAST VALLEY HIGHWAY EXHIBIT "A" THAT PORTION OF 224TH STREET, LOCATED IN SECTION 13, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. , DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 13 A DISTANCE OF 116. 73 FEET NORTH 880 26' 48" WEST OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 88° 26' 48" WEST ALONG SAID NORTH LINE 235.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS SOUTH 230 20, 24" WEST 140.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 140 59 ' 32" AN ARC LENGTH OF 36.63 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, THE,RADIUS POINT OF WHICH BEARS NORTH 380 19, 56" EAST 75.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 600 08, 31 " AN ARC LENGTH OF 78. 73 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, THE- RADIUS POINT OF WHICH BEARS SOUTH 210 48' 35" EAST 325.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 230 21 , 47" AN ARC LENGTH OF 132 .52 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3,555 SQUARE FEET. y F .Grc......JQ a s�Q"A: a C EZ legala\p3045vac.pet PUBLIC WORKS COMMITTEE April 10, 1996 PRESENT: Tim Clark Don Wickstrom Connie Epperly Gary Gill Judy Woods Ed White Street Vacation - S. 224th Street Wickstrom stated that we have received a valid street vacation petition and that a hearing date needs to be set at this time. Committee unanimously recommended that a hearing date of May 21 st be set for the S. 224th Street Vacation. Open Space Future Funding Wickstrom stated that we have not yet identified the projects but we need to get specific language from Council saying that, "it is the intent of the City to provide ongoing operation and maintenance of the project(s)to be submitted to the Parks and Open Space Future Funding Initiative." Wickstrom said we need this language formalized in order to make a submittal for our projects. Committee unanimously recommended that the aforementioned language be included in the application packet of Parks and Open Space Future Funding Initiative. MWPAAC Delegates Wickstrom said that MWPAAC is asking that we reaffirm the City's Delegates noting that he is the Delegate and Eddy Chu is the Alternate. Committee unanimously recommended that Don Wickstrom and Eddy Chu be reaffirmed as delegates with MWPAAC. East Valley Highway Pavement Reconstruction/Rehabilitation Wickstrom said we have about $664,320 in ISTEA funds allocated for this project. He said that the City's match is already budgeted which is $192,000 which is more than the necessary match. The total project budget is $856,320. Wickstrom said that we need authorization to sign the grant agreement and establish the budget. 1 Kent City Council Meeting Date April 16. 1996 Category Consent Calendar 1. SUBJECT: METROPOLITAN WATER POLLUTION ABATEMENT ADVISORY COMMITTEE (MWPAAC) DELEGATES - CONFIRMATION 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to reaffirm Don Wickstrom, Public Works Director, as a delegate to MWPAAC and also, that Eddy Chu, Operations Manager be reaffirmed as an alternate delegate. 3 . EXHIBITS: Public Works Director memorandum and Public Works minutes 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 31 DEPARTMENT OF PUBLIC WORKS April 10, 1996 TO: Public Works Committee FROM: Don Wickstrom RE: MWPAAC Delegates The Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC) is requiring reaffirmation that Eddy Chu and I remain as delegates. As such, I am requesting that recommendation be made by the Committee to place this on the next Council Consent Calendar. ACTION: Recommend that Don Wickstrom and Eddy Chu be reaffirmed as delegates with MWPAAC. PUBLIC WORKS COMMITTEE April 10, 1996 PRESENT: Tim Clark Don Wickstrom Connie Epperly Gary Gill Judy Woods Ed,White Street Vacation - S 224th Street Wickstrom stated that we have received a valid street vacation petition and that a hearing date needs to be set at this time. Committee unanimously recommended that a hearing date of May 21st be set for the S. 224th Street Vacation. Open space Future Funding Wickstrom stated that we have not yet identified the projects but we need to get specific language from Council saying that, "it is the intent of the City to provide ongoing operation and maintenance of the project(s)to be submitted to the Parks and Open Space Future Funding Initiative." Wickstrom said we need this language formalized in order to make a submittal for our projects. Committee unanimously recommended that the aforementioned language be included in the application packet of Parks and Open Space Future Funding Initiative. MWPAAC Delegates Wickstrom said that MWPAAC is asking that we reaffirm the City's Delegates noting that he is the Delegate and Eddy Chu is the Alternate. Committee unanimously recommended that Don Wickstrom and Eddy Chu be reaffirmed as delegates with MWPAAC. East Valley Highway Pavement Reconstruction/Rehabilitation Wickstrom said we have about$664,320 in ISTEA funds allocated for this project. He said that the City's match is already budgeted which is $192,000 which is more than the necessary match. The total project budget is $856,320. Wickstrom said that we need authorization to sign the grant agreement and establish the budget. 1 Kent City Council Meeting Date April 16 , 1996 Category Consent Calendar 1. SUBJECT: EARTHWORKS PARK EMERGENCY CLEAN-UP - ACCEPT AS COMPLETE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the contract with Archer Construction for the Earthworks Park Emergency Cleanup project and release of retainage after State releases. The original contract amount and the final construction cost was $36, 922 . 17 . 3 . EXHIBITS: None 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. 3K �Ilw Kent City Council Meeting Date April 16 1996 Category Consent Calendar 1. SUBJECT: EAST VALLEY HIGHWAY PAVEMENT RECONSTRUCTION/ REHABILITATION GRANT - ACCEPTANCE 2 . SUMMARY STATEMENT: The Public Works Department has received two ISTEA grants in the amount of $664 , 320 for the reconstruc- tion and rehabilitation of East Valley Highway (S. 192nd Street to S. 212th Street) . The Public Works Committee has recommended authorization for the Mayor to sign the grant agreement and direct staff to accept the grant and establish a budget for same. 3 . EXHIBITS: Public Works Director memorandum, Public Works minutes and vicinity map 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO Ix YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3L DEPARTMENT OF PUBLIC WORKS April 10, 1996 TO: Public Works Committee FROM: Don Wickstrom�j RE: East Valley Highway Pavement Reconstruction/rehabilitation ISTEA Grant Funds The Public Works Department has received two ISTEA grants in the amount of $664,320 for the reconstruction and rehabilitation of East Valley Highway. (S. 192nd St. to S. 212th St.) The City's minimum required match for this grant is $103,680 for which $192,000 has been budgeted. The total project budget is $856,320. At this time, the Public Works Department is requesting authorization for the Mayor to sign the grant agreement and establish the respective budget. ACTION: Authorize the Mayor to sign the grant agreement and direct staff to accept the grant and establish a budget for same. PUBLIC WORKS COMMITTEE April 10, 1996 PRESENT: Tim Clark Don Wickstrom Connie Epperly Gary Gill Judy Woods Ed White Street Vacation - S 224th Street Wickstrom stated that we have received a valid street vacation petition and that a hearing date needs to be set at this time. Committee unanimously recommended that a hearing date of May 21 st be set for the S. 224th Street Vacation. Open Space Future Funding Wickstrom stated that we have not yet identified the projects but we need to get specific language from Council saying that, "it is the intent of the City to provide ongoing operation and maintenance of the project(s)to be submitted to the Parks and Open Space Future Funding Initiative." Wickstrom said we need this language formalized in order to make a submittal for our projects. Committee unanimously recommended that the aforementioned language be included in the application packet of Parks and Open Space Future Funding Initiative. MWPAAC Delegates Wickstrom said that MWPAAC is asking that we reaffirm the City's Delegates noting that he is the Delegate and Eddy Chu is the Alternate. Committee unanimously recommended that Don Wickstrom and Eddy Chu be rearmed as delegates with MWPAAC. East Valley Highway Pavement Reconstruction/Rehabilitation Wickstrom said we have about $664,320 in ISTEA funds allocated for this project. He said that the City's match is already budgeted which is $192,000 which is more than the necessary match. The total project budget is $856,320. Wickstrom said that we need authorization to sign the grant agreement and establish the budget. I 2J Committee unanimously recommended authorizing the Mayor to sign the grant agreement and direct staff to accept the grant and establish the budget for same. Stop Sign - 2nd & Cloudy Streets Wickstrom noted that we did a traffic study which indicated a very low volume and unnecessary warrants for a 4-way stop sign. He suggested that staff inquire as to who made the request for a stop sign and than do some neighborhood traffic control work in the area. Epperly noted that the problem seems to be the speed of traffic rather than the volume. Meeker Street/Russell Road Traffic Signal Wickstrom explained that in the budget we had a funded portion of the total project costs to put a signal in at the intersection of Russell Rd & Meeker St with the balance of it to be funded by an LID of the adjacent owners, which includes Kent Parks properties. Wickstrom stated that we have had the meeting with the property owners and have mailed out their assessments. At that meeting there were no negative complaints;we had one property owner who raised a concern about his assessment in terms of his trip generations. Wickstrom said we reviewed this and sent him a letter explaining the new assessment. He said that the next step is to proceed with the formation of an LID with the adoption of a Resolution at full Council. Committee unanimously recommended adoption of a resolution setting a public hearing date on the formation of the Meeker St/Russell Road Traffic Signal LID. StopSgns -.Gowe Street Wickstrom said that we have advertised in the local paper, on our cable channel and we sent individual notices to all the businesses in the downtown area for their input on this item. Clark opened the meeting for public comments. It was the general consensus of everyone in attendance that the stop signs should never have been installed as they are and should be removed. Committee unanimously recommended removing the east/west stop signs on Gowe St at 1st Ave & Gowe St and Railroad Ave & Gowe St. Meeting adjourned: 4:30 P.M. / (SAY 43RD ST) T S 180TH S �I s � \ I 1 1e157,sT 5 oaTL , coo Eloo , tt 11 S 188TH 5T �y IS, ]L9CIER ST i Z�;If ` 188TH Si f ,�'r• 2 5 190TH ST Q" 119 ' 14 5 190TH S T ; V C'9FFK > L S ! 192N0 L5T ,� Si 1 � uT �, S 19q TH 5T I N :PROJECT LOCATION J 1 -- ' S 196TH 5T ------ 5 l9_l 4T _ _ 1ggrOv r S 200`TH Si ti_ 1 m 5 2_02N0 1 57 I VI 5. O1� 202N1 204TH 5T _ a1 M 1 m', f5 Z W �i N W N� I mlll 205: ~'h 206TH 5T 5 206TH ST (� �. PL �`� S 208TH ST 2p T 20 9 M w, -- ---- ------ - S 212TH ST N f EAST VALLEY HIGHWAY RESTORATION 1 X/11 Kent City Council Meeting Date April 16 1996 Category Consent Calendar 1. SUBJECT: BOATING REGULATION AMENDMENTS - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. � ? ' amending sections of Chapter 4 . 06 of the Kent City Code relating to boating activities. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT:_ NO IZ YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3M I ' I 1i I i I ! �1 �I ORDINANCE NO . ii 1� i AN ORDINANCE of the City Council of the City of Kent , Washington, amending certain I; sections of Chapter, 4 . 06 , of the Kent City Code entitled "Boating Regulations" relating to boating activities . i! WHEREAS the City Council recently adopted Chapter 4 . 06 !lof the Kent City Code (Ordinance No . 3248 as amended by Ordinance 'i 1No . 3280) establishing regulations for boating activities within I � the City; and WHEREAS, the City Council finds it appropriate to make Ccertain revisions relating to swimming and boating restrictions ; NOW THEREFORE, II THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES Ij jj HEREBY ORDAIN AS FOLLOWS : i i SECTION 2 . Section 4 . 06 . 170 of the Kent City Code is hereby amended to read as follows : ' i 1 Sec. 4 . 06 . 170 . Swimming - Lake Meridian. A. Swimming in w tteics e€�� Lake Meridian shall 11I be confined to : i i; zl . Restricted swimming areas , or �2 . To within a distance of fifty feet from the shore , or a pier except when the swimmer is accompanied by a watercraft relative to water skiing or related watercraft activities . B . Use of inflatable flotation or similar devices not ronelled by instruments such as oars and -paddle including but not limited to tubes boards and inflatable rafts are on1 allowed within a distance cf f- ftv feet from shore in non- designated swimming areas_ C No person shall cause to be tied to any marker buoy anv watercraft boat or similar craftcr flotation device such as a tube board or inflatable raft . D . No uer on shall give or transmit a false si nal or false ' alarm of drowning in any manner . E . The Director of ?arks and Recreation may establish the hours for lifeguard supery sed swimming and may establish rules ; and reaulations for use within or adjacent to designated swim areas . SECTION 2 . sec--ion 4 . 06 . 2:0 of the Kent City Code is hereby amended to read as follows : Sec . 4 . 06 . 290 . Directing traffic, restricting watercraft speed, suspending activities emergency powers . A. The police are ereby aut:-orized to direct all watercraft traffic on Lake Meridian ether in person or by -Weans 2 �I �I i of visible or audible signal in conformance with the provisions of this chapter; provided, that where necessary to expedite ` watercraft traffic , or to prevent or eliminate congestion or to safeguard persons or property, such officers and other authorized officers of appropriate governmental agencies or authorities , may 'i direct watercraft traffic as conditions may require, notwithstanding the provisions of this chapter . B The parks Director, or his or her designee , may restrict watercraft speed or suspend any or all watercraft activities on Lake Meridian due to natural disasters such as floodina, or other I events when it the discretion of the Parks Director, such is deemed necessary to iDrotect persons or property from inlury or damacre . I� SECTION 3. Severabili.ty. If any section, sentence, jclause 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 . j 3 i , SECTION 4. Effective Date. This ordinance shall take 1effect and be in force thirty (30) days from and after its ! passage, approval and publication as provided by law. i JIM WHITE, MAYOR Ii ii !! ATTEST: i i' i� !IBRENDA JACO3ERI CITY CLERK i� APPROVED AS TO FORM: i� ( ROGER A. LUBOVICH, CITY ATTORNEY I ( PASSED day of 1996 . APPROVED day of 1996 . i„ PUBLISHED day of 1996 . ii i iI 4 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 boatregY ar3 5 !I //Y1 Kent City Council Meeting Date April 16 1996 Category Consent Calendar 1. SUBJECT: LDS PEA PATCH GARDENING LICENSE - AUTHORIZATION 2 . SUMMARY STATEMENT: The Parks Department has reached an agreement with the corporation of the presiding bishop of the Church of Jesus Christ of Latter-Day Saints to establish a "Pea Patch" gardening site on property owned by the Church. This license agreement allows the City to use this site until September 30, 1996, at no cost other than the actual expenses incurred by the City to operate the pea patch garden. 3 . EXHIBITS: Agreement 4 . RECOMMENDED BY: Parks Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3N Property No. 508-5845 TEMPORARY NON-EXCLUSIVE LICENSE AGREEMENT THIS TEMPORARY NON-EXCLUSIVE LICENSE AGREEMENT is made and entered into as of the day of , 1996, by and between CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, with its principal office located at 50 East North Temple Street, Twelfth Floor, Salt Lake City, Utah, 84150, hereinafter referred to as "CPB," and the CITY OF KENT, a municipal corporation, with its principal office located at 220 4th Avenue South, Kent, Washington 98032- 5895, hereinafter referred to as "the City." CPB and the City RECITE and DECLARE: A. CPB owns fee title to certain real property located at the intersection of 64th Avenue South and James Street in Kent, Washington. Upon a portion of that property, CPB has constructed a building which it uses as a Bishop's Storehouse. The portion of CPB's property located West of 64th Avenue South is not improved. B. The City desires to use that portion of CPB's property which is West of 64th Avenue South for a P-Patch gardening program designed to assist at-risk high school students and apartment residents in the City of Kent. C. CPB is willing to allow the requested use subject to the terms and conditions hereinafter set forth; NOW THEREFORE, in consideration of the mutual covenants herein contained and of other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, CPB and the City agree as follows: 1. Licensed Premises. As used in this Agreement, the term "Licensed Premises" shall mean that portion of the property owned by CPB at the intersection of 64th Avenue South and James Street in Kent, Washington which is West of 64th Avenue South. 2. Grant of License. CPB hereby grants to the City a non-exclusive license to utilize the Licensed Premises as a P-Patch gardening site, subject to the terms and conditions set forth herein. This License shall be effective from the date of this Agreement until September 30, 1996. 3. Expenses. All expenses relating to the P-Patch garden, including but not limited to the cost of irrigation water, fertilizer, seeds and equipment used in connection with the garden, shall be paid by the City. CPB shall not be required to incur any expense in connection with the P-Patch garden. 4. Facilities for Persons Using Licensed Premises. For persons entering upon the Licensed Premises to work in the P-Patch garden, the City will provide rest room facilities, including hand washing capacity, and drinking water. 5. Standards of Conduct. The City agrees to adhere to and enforce the CPB's standards of conduct and decorum with regard to the use of the Licensed Premises; that is, no smoking, use of alcoholic beverages or illegal drugs, gambling of any nature, or any other illegal or immoral practice shall be permitted on the Licensed Premises. 6. Construction of Entrance. The City will make a permanent curb cut and construct a permanent safe and legal entrance to the Licensed Premises for vehicles and equipment. A temporary asphalt approach will not be acceptable. This entrance shall be used by both CPB and the City for access to the Licensed Premises. 7. Maintenance and Restoration. During the term of the License granted herein, the City shall maintain those areas of the Licensed Premises used for the P-Patch gardening program in a neat and orderly condition and free of debris, all in a fashion consistent with well maintained gardens. CPB shall maintain those areas of the Licensed Premises not used for the P-Patch gardening program. Upon the termination of the License granted herein or any extension thereof,the City shall, at its sole expense, restore the Licensed Premises to the condition in which they existed prior to the grant of the License, including suitable leveling and providing grass cover. In the event CPB and the City agree to an extension of the License into another growing season or seasons,the City need not restore the Licensed Premises between seasons, but the City shall leave the Licensed Premises in a clean and neat condition, satisfactory to CPB. 8. Wetlands. CPB and the City acknowledge that a large portion of the property owned by CPB has been designated as wetlands. In the event the P-Patch garden project requires CPB to incur any cost or expense or undertake any other action because of the classification of a portion of its property as wetlands, the City agrees to reimburse CPB for such cost or expense and to take whatever action is required of CPB. 9. Indemnity. It is hereby agreed that CPB, its agents and employees, shall not be liable for any loss, damage, injury or other casualty of whatsoever kind, including without limitation loss or damage to CPB, which is caused by the City's negligent actions or omissions arising out of or in any way relating to the City's use of the Licensed Premises. The City agrees to indemnify and to save and hold CPB harmless from and against all claims, damages, liabilities, suits and actions, including all reasonable expenses, costs, and attorney's fees incurred by or imposed upon CPB in connection therewith, for such loss, damage, injury or other casualty. This Section shall survive the termination of this License Agreement with respect to any loss, damage, injury or other casualt} which arises out of, from, or in any way relates to the City's use, possession or operation of the Licensed Premises if such use, possession or operation occurs during the term or any extension of this License Agreement. 10. Insurance. The City hereby agrees to obtain and maintain self-insurance coverage over its activities and operations on the Licensed Premises through the Washington Cities Insurance Authority. Such coverage shall include at least S1,000,000 per occurrence combined single limit of liability. 11. Entire Agreement; Modification of Agreement. This Agreement represents the entire agreement between CPB and the City and incorporates all prior understandings and agreements between them. No waiver, modification or amendment of this Agreement shall be effective unless -2- manifested by an instrument in writing signed by the party against whom the enforcement of such waiver, modification or amendment is sought, and then only to the extent set forth in such instrument. 12. Applicable Law. This Agreement will be construed and interpreted in accordance with the laws of the State of Washington. 13. Attorney's Fees. In the event of any declaratory or other legal or equitable action instituted between the parties in connection with this Agreement, the prevailing party shall be entitled to recover from the non-prevailing parry all litigation costs and expenses, including court costs and reasonable attorney's fees. 14. Assignment; Easement. The License herein granted may not be assigned voluntarily or involuntarily, by operation of law. The City further agrees that its use of the Licensed Premises shall not give rise to a prescriptive easement or other similar property interest. IN WITNESS WHEREOF, the parties hereto have executed this Non-Exclusive License Agreement as of the date first written above. CPB: CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, By:_ r! �w its _ --- THE CITY CITY OF KENT Attest: Its: ----- ------- -3- ��s (AL- //111" Kent City Council Meeting Date April 16 . 1996 Category Other Business 1. SUBJECT: LAND USE & PLANNING BOARD NOMINEES 2 . SUMMARY STATEMENT: After much consideration, I would like to submit for your confirmation within thirty days, the names of seven (7) Kent citizens who have indicated their interest in serving as members of the new Land Use and Planning Board. As established in Ordinance No. 3286, the terms of office will be three years and will expire on December 31 of the last year of the term. However, initial appointments will be 2 seats for one year terms; 2 seats for two year terms; and 3 seats for three year terms. I would like to offer for your consideration: Ms. Gloria LaBore and Mr. Devendra (David) Malik to serve one year terms. Ms. LaBore is a West hill resident and is employed in the insurance business. She participated in the Visioning process and is interested in her community. Mr. Malik is an East Hill resident and is a small business owner. Ms. LaBore's and Mr. Malik's terms would be effective until 12-31-96. Mr. Jerry Daman and Mr. Thomas Brotherton to serve two year terms. Mr. Daman is a West Hill resident, owns Exhibition Automotive in downtown Kent and would like to serve on the Board. Mr. Brotherton, a resident in the Lake Meridian area, has been very active in community affairs. Their terms would be in effect until 12-31-97. Mr. Brad Bell, Mr. Ron Harmon, and Mr. Steve Dowell to serve three year terms. Mr. Bell, also of the Lake Meridian area, has long been active in community affairs and currently serves as President of the Kent Community Foundation. Mr. Harmon resides in the Chestnut Ridge area, is interested in planning issues and is anxious to serve on the Board. Mr. Dowell, a Scenic Hill resident, is a former Kent City Councilman and is very familiar with land use and zoning issues. Their terms would be effective until 12-31-98. 1 feel confident that these nominees would bring interest, experience, and enthusiasm to the new Land Use and Planning Board and I hope you will consider them for confirmation within the next 30 days. 3 . EXHIBITS: Memo 4 . RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: seconds Councilmember moves, Councilmember DISCUSSION: ACTION: Council Agenda Item No. 4A MEMORANDUM TO: CHRISTI HOUSER, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYO DATE: APRIL 11, 1996 SUBJECT: APPOINTMENTS TO KENT LAND USE AND PLANNING BOARD After much consideration, I would like to submit for your confirmation within thirty days,the names of seven(7)Kent citizens who have indicated their interest in serving as members of the new Land Use and Planning Board. As established in Ordinance No. 3286, the terms of office will be three years and will expire on December 31 of the last year of the term. However, initial appointments will be 2 seats for one year terms; 2 seats for two year terms; and 3 seats for three year terms. I would like to offer for your consideration: Ms. Gloria LaBore and Mr. Devendra(David) Malik to serve one year terms. Ms. LaBore is a West Hill resident and is employed in the insurance business. She participated in the Visioning process and is interested in her community. Mr.Malik is an East Hill resident and is a small business owner. Ms. LaBore's and Mr. Malik's terms would be effective until 12- 31-96. Mr. Jerry Daman and Mr. Thomas Brotherton to serve two year terms. Mr. Daman is a West Hill resident, owns Exhibition Automotive in downtown Kent and would like to serve on the Board. Mr. Brotherton, a resident in the Lake Meridian area, has been very active in community affairs. Their terms would be in effect until 12-31-97. Mr. Brad Bell, Mr. Ron Harmon and Mr. Steve Dowell to serve three year terms. Mr. Bell, also of the Lake Meridian area, has long been active in community affairs and currently serves as President of the Kent Community Foundation. Mr.Harmon resides in the Chestnut Ridge area, is interested in planning issues and is anxious to serve on the Board. Mr. Dowell, a Scenic Hill resident, is a former Kent City Councilman and is very familiar with land use and zoning issues. Their terms would be effective until 12-31-98. I feel confident that these nominees would bring interest,experience and enthusiasm to the new Land Use and Planning Board and I hope you will consider them for confirmation within the next A days. JW:jb 11,47 Kent City Council Meeting Date April 16. 1996 Category Bids 1. SUBJECT: LICENSED HIGHWAY MOWER 2 . SUMMARY STATEMENT: Bid opening for this equipment was held on April 2 , 1996, with two bids received. The low bid was sub- mitted by Superior Turf Equipment of Auburn in the amount of $45, 175 . 00 . It is the recommendation of the Public Works Director that this equipment contract be awarded to Superior Turf Equipment for the bid amount of $45, 175 . 00. i J t 3 . EXHIBITS: Public Works Direc or memorandum 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examin Commission, etc. ) 5. UNBUDGETED FISCAL PERSONNE IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $45 175. 00 SOURCE OF FUNDS: E ui m nt Rental Budget 7 . CITY COUNCIL ACTION: �C Councilmember a move , Councilmember seconds that the Licensed Highway Mower contract be awarded to Superior Turf Equipment for the bid amount of $45, 175 . 00. DISCUSSION• n-,- ACTION: A) Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS April 11, 1996 TO: Mayor &--City Council FROM: Don Wickstroaj RE: Licensed Highway Mower Bid opening for this equipment was held on April 2nd with 2 bids received with the low bid submitted by Superior Turf Equipment, Inc. in the amount of $45,175.00. It is the recommendation of the Public Works Director that this equipment contract be awarded to Superior Turf Equipment Inc. for the amount of $45,175.00. BID SUMMARY Superior Turf Equipment, Inc. 45,175.00 Western Equipment, Inc. 50,143.00 MOTION: Councilmember moves, Councilmember seconds that the equipment contract for the Licensed Highway Mower be awarded to Superior Turf Equipment Inc. Kent City Council Meeting Date April 16 1996 Category Bids 1. SUBJECT: LID 345 - S. 218TH STREET IMPROVEMENTS (EAST VALLEY HIGHWAY TO SR 167) 2 . SUMMARY STATEMENT: Bid opening was held on this project on March 26, 1996, with eight bids received. The low bid was sub- mitted by Robison Construction of Sumner in the amount of $582 , 438 . 38. The Engineer' s estimate was $715, 180 . 50 . The project consists of widening South 218th Street from East Valley Highway east to the creek (approximately 600 feet east of the curves) and includes curbs, gutters, and sidewalks as well as additional street lighting. An existing reverse curve will be improved significantly in order to permit trucks to pass simultaneously thus allowing development of property lying easterly of the reverse curves to continue. It is the recommendation of the Public Works Director that this contract be awarded to Robison Construction for the bid amount of $582 , 438 . 38 . 3 . EXHIBITS: Public Works Director memorandum and vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REOUIRED: $582 , 438 . 38 SOURCE OF FUNDS: LID Assessments Miscellaneous Water Sewer & Drainage Funds 7 . CITY COUNCIL ACTION: Councilmember moves Councilmember seconds that the LID 345 - S. 218th Street Improvement contract be awarded to Robison Construction for the bid amount of $582 , 438 . 38 . DISCUSSION: ACTION: Council Agenda Item No. 5B DEPARTMENT OF PUBLIC WORKS April 11 , 1996 TO: Mayor & City Council FROM: Don Wickstromw RE: LID 345 - S. 218th St. Improvements (EVH-SR167) Bid opening for this project was held on Tuesday, March 26th with 8 bids received. The low bid was submitted by Robison Construction of Sumner Wa. in the amount of S582,438.38. The Engineer's estimate was S715,180.50. It is the recommendation of the Public Works Director that the LID 345 S. 218th St Improvement contract be awarded to Robison Constriction for the bid amount of 5582,438.38. BID SUMMARY Robison Construction 582,438.38 Laser Construction 594,559.52 R. W. Scott 600,198.05 Glacier Construction 616,183.72 Pape &--Sons Constriction 698,732.03 Westwater Constriction 70S,362.59 Gary Merlino Construction 823,322.87 Frank Coluccio Construction 834,264.65 Engineer's Estimate 715,180.50 MOTION: Councilmember moves, Councilmember seconds that the LID 345 S. 218th St Improvement contract be awarded to Robison Construction for the bid amount of 5582,43S.3S. Kent City Council Meeting Date April 16 , 1996 Category Bids 1. SUBJECT: SODIUM FLUORIDE SUPPLY 2 . SIIMMARY STATEMENT: Bids were solicited for the purchase of 66, 000 pounds of Sodium Fluoride for Kent' s water supply with five bids received. The low bid was submitted by Great Western Chemical Co. in the amount of $37 , 455. 00 . It is the recommendation of the Public Works Director that this contract be awarded to Great Western Chemical Co. for the bid amount of $37 , 455. 00 . 3 . EXHIBITS: Public Works Di*ector memorandum I 4 . RECOMMENDED BY: Public Wor s Director (Committee, Staff, Exami er, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNiL IMPACT: NO ✓ YES I 6. EXPENDITURE REQUIRED: $37 455 . 00 SOURCE OF FUNDS: Water e artment Operating Budget 7 . CITY COUNCIL ACTION: I /ll Councilmember Ct moves, Councilmember�kl) seconds that the Sodium Fluoride Supply contract be awarded to Great Western Chemical Co. in the amount of $37 , 455. 00. DISCUSSION• ACTION: Council Agenda Item No. 5C DEPARTMENT OF PUBLIC WORKS April 11 , 1996 TO: Mayor �City Council FROM: Don Wickstrorrfs) Uj RE: Sodium Fluoride Supply Bids were solicited from 5 suppliers for the purchase of 66,000 lbs. of Sodium Fluoride with the low bid being submitted by Great Western Chemical Co. in the amount of $37,455.00. It is the recommendation of the Public Works Director that the Sodium Fluoride contract be awarded to Great Western Chemical Co. for the bid amount of 537,455.00. BID SUMMARY Great Western Chemical 37,455.00 Jones Chemical Co. 38,646.00 Van Waters &Rogers 42,075.00 Chemtec 42,075.00 Ashland Chemical Co. 46,134.00 MOTION: Councilmember moves, Councilmember seconds that the Sodium Fluoride contract be awarded to Great Western Chemical Co for the bid amount of 537,455.00 CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE Q 'i Y✓1 3 0 J C. PUBLIC WORKS COMMITTEE 4 ' , -' 3 tt,oa (,it. 3 3� D. PLANNING COMMyyITTEE L)lllru q m E. PUBLIC SAFETY COMMITTEE i F. PARKS COMMITTEE T h I G. ADMINISTRATIVE REPORTS 0. X Sah 4 (�2 ilaJ cy) (Please put in Council CITY of A\L"9 V� agenda packet) �a Jim White, Mayor d�rmam�� — CITY COUNCIL PLANNING COMMITTEE MINUTES March 19, 1996 4:00 PM Committee Members Present Other City Staff Leona Orr, Chair John Hillman, Finance Jon Johnson Joe Fielding, Public Works Tim Clark Planning Staff Other Guests Jim Harris Fred High, Kent School Fred Satterstrom District Margaret Porter Carolyn Sundvall City Attorney's Office Lin Houston Roger Lubovich Laurie Evezich CITY OF KENT COMMUNITY DEVELOPMENT BLOCK GRANT CONSORT1Ul/I STATUS - L. Houston Human Services Manager, Lin Houston, updated the Committee on the current status of the City of Kent Community Development Block Grant (CDGB) program(s). Currently, the City of Kent is a member of the King County CDBG Consortium and receives funds as a pass-through City. Now that the City exceeds a population of 50,000, the City may now qualify as an Entitlement City. HUD confirmed this and will offer Kent an Entitlement status after the new population figures are released. Although, King County needs to know the City's decision on this by the end of March so that the Consortium can proceed with its program planning for 1997. In addition, the City is in the process of negotiating a new three-year CDBG Interlocal Cooperation Agreement with the County and other Consortium cities for 1997-1999. Lin said as an Entitlement City, more staff would be needed because of intensive administrative tasks and more time-consuming program monitoring of HUD regulations. The benefits of remaining as a pass-through City are: (1) Continue with the 21-year, excellent relationship with the County; (2) Kent retains local control over its program funds, while getting the benefit of the County providing the intensive administrative and monitoring tasks; (3) As being part of the Consortium, the City benefits by receiving additional dollars in the form of 220 4th AVE.SO. I KENT.WAS III NGTON 98032-5895 1 TELEPIIONE f206 859-3300 f PAX 4 859-3334 CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 19, 1996 PAGE 2 recaptured funds and program income generated by the Consortium; and, (4) Kent receives additional services for its residents through regionally funded programs such as the current Housing Stability Program. The following action was requested by the City Council Planning Committee: 1. The Mayor be authorized to send a letter to County Executive Gary Locke stating that the City of Kent desires to continue to participate as a pass-through City in the King Countv CDBG Consortium for the years 1997-1999. 2. Schedule this item for action at the April 2, 1996, City Council meeting. Council member Jon Johnson MOVED and Council member Tim Clark SECONDED a motion to approve the two(2) aforementioned actions. Motion carried. LAND USE AND PLANNING BOARD ORDINANCE - (L. Orr) Chair Orr reported this item was on tonight's Council agenda, and a recommendation was needed. There was discussion on how the Committee members felt about the confirmation process of board members. They proposed no changes. There were a few minor changes to the ordinance on page three as follows: "The planning department shall be responsible for preparing and updating the comprehensive plan, preparing aefAing amendments to the zoning code, subdivision code and any other related codes or ordinances." Council member Jon Johnson MOVED and Council member Tim Clark SECONDED the motion to approve the revised Land Use and Planning Board Ordinance as mentioned above. Motion carried. Chair Orr clarified that the new board would not take effect "until the land use and planning board, as established pursuant to this ordinance, is convened and the bylaws for said board are adopted" according to SECTION 2, Transition of Boards. This board will continue to meet until the above is accomplished. NRG BARRIERS PACIFIC INC ISSUANCE OF INDUSTRIAL REVENUE BONDS - (R. Lubovich) City Attorney, Roger Lubovich, reported this item is on the Council's agenda at tonight's meeting. Pursuant to RCW 39.84.060, the City is required to approve the issuance of tax- exempt nonrercourse revenue bonds of King County Economic Enterprise Corporation for the CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 19, 1996 PAGE 3 benefit of NRG Barriers Pacific, Inc., but this approval shall not in any way be deemed to be a review or approval of any development permit for the Project which may be in process, or may be submitted at a future date for the project. Council member Jon Johnson MOVED and Council member Tim Clark SECONDED a motion to approve the resolution for action at tonight's Council meeting. Motion carried. ADDED ITEMS: ACCEPTANCE OF DCTED GRANT FOR $150,000 FROM DEPARTMENT OF COMMUNITY. TRADE AND ECONOMIC DEVELOPMENT (DCTED) - (F Satterstrom) Planning Manager, Fred Satterstrom, is requesting approval by the Committee to accept a grant in the amount of $150,000 received from DCTED (under the Growth Management and Environmental Review Fund) to do a Downtown Subarea Plan, and approval to proceed with the project. This grant is matched with $50,000 general fund dollars, consisting of $25,000 in-kind match of labor, and $25,000 from the general fund Downtown Market Analysis project dollars allocated in the 1996 budget. Council member Tim Clark MOVED and Council member Jon Johnson SECONDED a motion to accept a grant in the amount of $150,000 received from DCTED (under the Growth Management and Environmental. Review Fund) to do a Downtown Subarea Plan, and approval to proceed with the project. This grant is matched with $50,000 general fund dollars, consisting of $25,000 in-kind match of labor, and $25,000 from the general fund Downtown Market Analysis project dollars allocated in the 1996 budget. Motion carried. REQUEST TO ADD ITEMS TO THE WORK SESSION ON 3/26/96 TO LAND USE HEARING BOARD - (F. Satterstrom) Mr. Satterstrom asked if the Committee would add some workshop items to the March 26, 1996 Land Use and Planning Hearings Board agenda. The Committee agreed to add Comprehensive Plan Amendments (CPA-95-2 (A-F), and Stream Buffer Requirements. ADJOURNMENT The meeting adjourned at 4:50 p.m. c:mp:pco31996.min PUBLIC WORKS COMMITTEE April 10, 1996 PRESENT: Tim Clark Don Wickstrom Connie Epperly Gary Gill Judy Woods Ed White Street Vacation - S. 224th Street Wickstrom stated that we have received a valid street vacation petition and that a hearing date needs to be set at this time. Committee unanimously recommended that a hearing date of May 21 st be set for the S. 224th Street Vacation. Open Space Future Funding Wickstrom stated that we have not yet identified the projects but we need to get specific language from Council saying that, "it is the intent of the City to provide ongoing operation and maintenance of the project(s)to be submitted to the Parks and Open Space Future Funding Initiative." Wickstrom said we need this language formalized in order to make a submittal for our projects. Committee unanimously recommended that the aforementioned language be included in the application packet of Parks and Open Space Future Funding Initiative. MWPAAC Delegates Wickstrom said that MWPAAC is asking that we reaffirm the City's Delegates noting that he is the Delegate and Eddy Chu is the Alternate. Committee unanimously recommended that Don Wickstrom and Eddy Chu be reaffirmed as delegates with MWPAAC. East Valley Highway Pavement Reconstruction/Rehabilitation Wickstrom said we have about $664,320 in ISTEA funds allocated for this project. He said that the City's match is already budgeted which is $192,000 which is more than the necessary match. The total project budget is $856,320. Wickstrom said that we need authorization to sign the grant agreement and establish the budget. 1 Committee unanimously recommended authorizing the Mayor to sign the grant agreement and direct staff to accept the grant and establish the budget for same. Stop Sign - 2nd & Cloudy Streets Wickstrom noted that we did a traffic study which indicated a very low volume and unnecessary warrants for a 4-way stop sign. He suggested that staff inquire as to who made the request for a stop sign and than do some neighborhood traffic control work in the area. Epperly noted that the problem seems to be the speed of traffic rather than the volume. Meeker c* AP+/Russell Road Traffic Signal Wickstrom explained that in the budget we had a funded portion of the total project costs to put a signal in at the intersection of Russell Rd &Meeker St with the balance of it to be funded by an LID of the adjacent owners, which includes Kent Parks properties. Wickstrom stated that we have had the meeting with the property owners and have mailed out their assessments. At that meeting there were no negative complaints;we had one property owner who raised a concern about his assessment in terms of his trip generations. Wickstrom said we reviewed this and sent him a letter explaining the new assessment. He said that the next step is to proceed with the formation of an LID with the adoption of a Resolution at full Council. Committee unanimously recommended adoption of a resolution setting a public hearing date on the formation of the Meeker St/Russell Road Traffic Signal LID. Stop Signs - Gowe Street Wickstrom said that we have advertised in the local paper, on our cable channel and we sent individual notices to all the businesses in the downtown area for their input on this item. Clark opened the meeting for public comments. It was the general consensus of everyone in attendance that the stop signs should never have been installed as they are and should be removed. Committee unanimously recommended removing the east/west stop signs on Gowe St at 1 st Ave & Gowe St and Railroad Ave & Gowe St. Meeting adjourned: 4:30 P.M. 2