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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/19/1996 FFFF Cmity of Kent City Council Meeting Agenda CITY OF S Mayor Jim White Council Members Christi Houser, President Jim Bennett Jon Johnson Tim Clark Leona Orr Connie Epperly Judy Woods March 19, 1996 Office of the City Clerk CITY OF � SUMMARY AGENDA e KENT CITY COUNCIL MEETING March 19 , 1996 Council Chambers trsnca� 7 : 00 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 A. Introduction of Employees Selected for Yangzhou, China, Employee Exchange B. Legislative Update C. gionnal. ice Center Update J, 2 . PTnLIC HEARIN S .-K. S. 218th Street Vacation STV 96-1 B1 Amendments to Kent city Code Chapter 11. 03 - Environmental Policy (SEPA) Mayor and Councilmember Term Limits Growth Management Act Concurrency Ordinance 3 . CONSENT CALENDAR A. Approval of Minutes -B: Approval of Bills --c—: Hazardous Substance Land Use Facilities Setbacks - Zoning Code Amendment ZCA-96-2 - Ordinance ,-rC Mack Preliminary Plat SU-95-2 - Set Meeting Date iE Benson Highlands Prel. Plat SU-95-10 - Set Meeting Date International Trade/Foreign Relations Resolution �. Meeker Street Sidewalk Project - Transfer of Funds Jr. Metro Agreement - Bus Stops (ADA) - Authorization -V. Street Vacation - SE 266th - Set Hearing Date - Resolution; ' --. James St. /S. 212th Overlays - Acceptance -K� LID 345 - S. 218th Street Improvements - Set Hearing Date ,L! Discovery Trust Fund - Acceptance D.O.T. Agreement for Pavement Markings - Authorization --br Seattle King County Health Dept. Agreement & Grant ./ceptance/� 1- Authoriam zation [�C,U 5 f tY'Y.) ';a.-k,,\cc 'd .k- i _,.r...J..,. 4 . OTHER BUSINESS rA Land Use and Planning Board Ordinance ,B: King County Economic Enterprises Corporation/NRG Barriers Pacific, Inc. - Resolution ,E-: 196th/200th Street Corridor Final EIS Adoption - Resolution 5. 13IDS ,k. Meeker Street Sidewalk Rehabilitation ,B. Green River Natural Resources Enhancement Area 6. CONTINUED COMMUNICATIONS 7. REPORTS EXECUTIVE SESSION - Property Acquisition 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 TOO relay service call 1-800-635-9993 or the City of Kent(206)854-6587. GI/ 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) Introduction of Employees Selected for Yangzhou, China, Employee Exchange B) Legislative Update C) Regional Justice Center Update Kent City Council Meeting Date March 19 , 1996 Category Public Hearings 1. SUBJECT: S. 218TH STREET VACATION STV-96-1 2 . SUMMARY STATEMENT: This date has been set to consider an application to vacate a portion of South 218th Street lying west of East Valley Highway, as referenced in Resolution No. 1454, and as shown on the accompanying map and discussed in the staff report. 3 . EXHIBITS: Staff report, map, application, and resolution 4 . RECOMMENDED BY: Planning Director and City staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES_ 6. EXPENDITURE REOUIRED: $ _� SOURCE OF FUNDS: OPEN HEARING: "` (( t PUBLIC INPUT: U� CGi- CLOSE HEARING: " 7 . CITY COUNCIL ACTION: Councilmember v'v moves, Councilmember 6seconds to approve/..�= -�- .,oim� r the Planning Department' s recom- mendation - r mendation of approval with conditions of an application to vacate a portion of South 218th Street lying west of East Valley Highway, as referenced in Resolution NO. 1454 , and to direct the City Attorney to prepare the necessary ordinance upon fulfillment of all conditions. DISCUSSION: ACTION: - C Council Agenda Item No. 2A CITY OF LULUV PLANNING DEPARTMENT (206) 859-3390 Jim White, Mayor March 19, 199() —_ MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE SOUTH 218TH STREET LYING WEST OF EAST VALLEY HIGHWAY - #STV-96-1 RECOMMENDATION: APPROVE with conditions I. Name of Applicant Gary Volchok 1420 5th Avenue, Suite 1700 Seattle WA 98101 II. Reason for Requesting Vacation The applicant states, "No public use needed to service adjacent properties." III. Staff Recommendation After reviewing comments from the following departments and agencies: Public Works Police Fire Parks Puget Power and conducting our own review, the Planning Department recommends that the request to vacate South 218th Street as mentioned in Resolution 1454 and shown on the accompanying map, be APPROVED with the following conditions: The right-of-way exists as an unopened, unimproved right-of-way and falls under a Class C designation. As a Class C right-of-way compensation for the vacation is not a mandated requirement. Conditions proposed for this vacation are: 1. The City shall retain an easement right over, upon, under and through said right-of-way for utilities purposes. 2. The easterly eight (8) feet of South 218th Street shall be excluded from this vacation (so that the westerly half street right-of-way width for East Valley Highway be 50 feet for future widening of East Valley Highway). ?211 J1h AVF..SO., /KFVT. W"ASFiINGTON 980h_5895/TH1.f:P116M-_i N 8S1)-3134 N �. —: ___T: _ _ �t-I �� - VA 1SVi o� 1 Il Ii( II CZ 00 -- iF Sit boo I I � m I � 63 7 i_ �o ri ti , I ODI N I � 2 I R i 0 C N a u � � a r ^' U I- A ~ = I F � OQ0oi � c~o Go N CD LL a� Do LO m t. x 000 r CO �---� I N M � J I � � N 4 , n Op � \ ' 05 51 001 W - W m UNPCA7T£D TRACT'B" �{ 47��L� -pRAINA f O/STR!T 1 ` W -"`teeP HERS _r rut�[•r �I N T V Q CITY Of R MU c f�l JAH '1 - I9:16 r copY L r (Ill Or I:Lf i ECG/I/ i f11=A"�I 111Q' ,� . nc•r'd� GITY OGLEF4C Y/G19gS APPLICANT. Kent MAIL TO: CITY OF KENT II:iIA1 : Gary yolc hok fltr0Y�1P,V Property Management Addi:ess 1420 5th Ave, Ste 1700 220 So. Ath Ave. Kent, WA 98032 Seattle, WA 98101 Attn: .Terry HcCanghan - Phone: 292-6130 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 218th hereby be- vacated. (General Location) Legal description (Must Contain Total. Square Feet of AI-ea Sought To Be Vacated) That portion of South 218th lying west of East Valley Highway as dedicated within the Plat of Kent Five Acre Tracts. Contains a total of 45,705 square feet. BRIEF STATEMENT WF1Y VACATI01: IS BEING SOUGHT No puhlic use needed to service adjacent properrl,rs. Sufficient proof, copy of deed contract: etc. supported by Icing County Tax Rolls, shall be submitted for verification of signatures. Without these a "CURRENT" title report shall bye required. When Corporations, Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also l,e submitted. Attach a color coded map of a scale of not Less than I" - 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT # SIGNATURES A210 ADDRESSES LOT, BLOCK & PLAT/SEC. TWN. RG See Attached Sheet See Attached Sheet $1B0.00 Fee Paid Tree surer'a Receipt No. -O /7- ,f-.— , _ Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Tre'asurer's Receipt No. Deed Accepted Date Trade Accepted Date_ RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, regarding the vacation of South 218th Street lying west of East Valley Highway, in the City of Kent, and setting the public hearing on the proposed street vacation for March 19, 19'1)6. WHEREAS, a petition has been filed by various property owners to vacate South 21811 Street, lying west of East Valley I-Tighway, in the ("ity of Kent, King County, Washington; and WHEREAS, these property owners own at least two-thirds of the property abutting that portion of South 21 Sth 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 South 218th Street shall be held at a regular meetim-, of the Kent City Council at 7:00 p.m., Tuesday, March 19, 1996, in the Council Chambers of City I fall located at 220 4th Avenue South, Kent, Washington, 98032. Section 2. The City Clerk shall give proper notice of the hearing and cause Ve notice to be posted as provided by law. L 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 COnnCil so that the Council may consider the matter at its regularly scheduled meeting on March 19, 1996. 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 7day of 1996. JI WHITE, 1,IAYOR ATTEST: BRENDA 1ACOB ., CI` Y CLERK APPROVED AS TO FORM: SR 3R A. LU OVICII, CITY ATTORNE ' --1 I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, W ,shinpton, the day of r , 1996. 2� t -a (SEAL) STVACN#9.res BRLNDA .l OB R, CITY CLERK Kent City Council Meeting Date March 19 , 1996 Category Public Hearings 1. SUBJECT: AMENDMENTS TO KENT CITY CODE CHAPTER 11. 03 - ENVIRONMENTAL POLICY (SEPA) 2 . SUMMARY STATEMENT: This date has been set to consider amendments to the Kent City Code, Chapter 11. 03, Environmental Policy (SEPA) , relating to the incorporation of various City planning policies into the City' s SEPA policies, as further outlined in the staff memo and ordinance. The Planning Committee has recommended adoption of the amendments to Chapter 11. 03 . 3 . EXHIBITS: Memo, ordinance, and City Council Planning Committee minutes of 2/20/96 4 . RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ _— SOURCE OF FUNDS• OPEN HEARING: `?, PUBLIC INPUT: �V-t- — CLOSE HEARING: wf 7 . CITY COUNCIL ACTION: II' ' �� Councilmember %Lli moves, Councilmember 8"V, v� _seconds to adopt Ordinance No. 2AC�_ amending Kent City Code Chapter 11. 03 , Environmental Policy (SEPA) , relating to the incorpora- tion of various City planning policies into the City' s SEPA policies, as further outlined in the staff memo and recommended by the Planning Committee. DISCUSSION: — r' e ACTION: Council Agenda Item No. 2B CITY OF �L-024 IT PLANNING DEPARTMENT (206) 859-3390 Jim White, Mayor March 19, 1996 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: AMENDMENTS TO THE KENT CITY CODE, CHAPTER 11.03, ENVIRONMENTAL POLICY (SEPA) The Council Planning Committee, at its meeting held on February 20, recommended that Chapter 11.02 of the Kent City Code be amended to reflect changes that have occured over time to ordinances and resolutions that are used to condition SEPA checklist. The State Environmental Policy Act (SEPA) permits cities to place conditions on a Declaration of Nonsignificance that will mitigate environmental impacts caused by a project. Kent does this on a regular basis. However, State law is explicit in how and when we can place such conditions. The Revised Code of Washington (RCW) under RCW 43.21C.060 in part states, "Any governmental action may be conditioned or denied pursuant to this chapter: PROVIDED, That such conditions or denials shall be based upon policies identified by the appropriate governmental authority and incorporated into regulations, plans, or codes which are formally designated by the agency (or appropriate legislative body, in the case of local government) as possible bases for the exercise of authority pursuant to this chapter ... Such action may be conditioned only to mitigate specific adverse environmental impacts which are identified in the environmental documents prepared under this chapter " Kent's City Code, under Chapter 11.03, Environmental Policy, permits the Responsible Official (Section 11.03.510 A, B 1 through 5 and D 3 a through z), to place conditions on a Declaration of Nonsignificance (DNS) as spelled out in RCW 43.21C.060. However, Kent's adopted list of codes and ordinances that lead to a conditioned DNS, are in some cases out of date and newer ordinances and resolutions need to be inserted into 11.03.510 D,3 a through z. Listed below are the codes, ordinances and resolutions contained in Section 11.03.510 and the suggested changes (suggested changes are underlined and proposed deletions are crossed out): a. The citywide comprehensive plan as prepared and adopted pursuant to the State Growth Management Act and adopted on April 18. 1995_bv the Kent Citv Council by Ordinance 3222 and its specific components,and elements ifieliddiiie but Rat lifflite t the east hill 1 ( el..tie number 972) the west hill plan (reselution 1016), the and as era including all amendments thereto. b. Shoreline master program (Feel fief n.....hor 907) as adopted by the Washington State Department of Ecology on June 16. 1992 and as adopted by the Kent City Council on July 21 1992 by Ordinance 3056 and including all amendments thereto. 2204th AVE.SO. /KENT.W ASHINGTON 9801';ft9'�TFLEPHONF i'001859-1100/FAX y 9;9J114 RE: Amendments to the Kent City Code, Chapter 11.03, Environmental Policy (SEPA) March 19, 1996 Page 2 C. The surface water and drainage code, Kent City Code chapter 707 and including all amendments thereto. d. Underground installation of electrical or communications facilities, a-F fequffements, ehaptef 7 07 Kent City Code chapter 7.10. and including all amendments thereto. e. Transportation master plan (resolution number 1014 and amended by resolution 1032) and Green River Valley transportation action plan (resolution number 1127) and including all amendments thereto. f. Wastewater facilities master plan, Kent City Code chapter 7.09 and including all amendments thereto. g. Comprehensive water plan (ordinance numbers 2369 2829 and 2-32-9 2960) and conservation element resolution 1361 and including all amendments thereto. h. Construction standards for public works, Kent City Code sections 6.02.010 and 6.02.020 (ordinance 3117) and including all amendments thereto. i. Street use requirements, Kent City Code chapter 6.07 and including all amendments thereto. j. Flood hazard protection,Kent City Code, chapter 14.07 9 and including all amendments thereto. k. Subdivisions Kent City Code chapter 12.04 and including all amendments thereto. 1. Mobile home parks, Kent City Code chapter 12.05 and including all amendments thereto. m. Valley studies (as adopted by resolution numbers 920, 921, 923 and 924). n. Noise control, Kent City Code chapter 8.05 and including all amendments thereto. o. State building code, together with local implementing ordinances, title 13 4 including all amendments thereto. P. State fire code, together with the local implementing ordinances, title 13 and including all amendments thereto. q. Zoning, Kent Cite title 15 and including all amendments thereto. r. Recreational vehicle park ewe, Kent City Code chapter 12.06 and including all amendments thereto. RE: Amendments to the Kent City Code, Chapter 11 .01, Environmental Policy (SEPA) March 19, 1996 Page 3 S. Water shortage emergency regulations, Kent City Code chapter 7.13 and water conservation ordinance 2227 and including all amendments thereto. u t. Required public improvements, Kent City Code chapters 6.02 and 6.03 and including all amendments thereto. NI U. Storm and surface water utility, Kent City Code chapter 7.05 and including all amendments thereto. w v_. Storm drainage policies (r-es !uti ntfmbef; 920-and-937 ordinance number 2547) and including all amendments thereto. -x w. Six-year transportation improvement plan (resolution number 4-0220 1444 and including all amendments thereto. 3 x. Comprehensive sewerage plan (resolution number 915) and including all amendments thereto. z y. Fire master plan (ordinance number 2511) and including all amendments thereto. Z. Wetlands Management (ordinance 3109) and including all amendments thereto JPH/mp:sepa.6 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent , Washington, amending Section 11 . 03 . 510 (D) (3) of the Kent City Code to update the policies which provide additional bases for conditioning a proposal subject to environmental review under Chapter 11 . 03 Kent City Code . WHEREAS, the State Environmental Policy Act (SEPA) ' authorizes cities to place conditions on a Declaration of Nonsignificance ; and WHEREAS, pursuant to RCW 43 . 216 . 060 the authority to place conditions on a propsal must =tee based upon policies identified by the governmental authoirty and incorporated into regulations, plans, or codes ; and WHEREAS, the policies identified by the City of Kent are set forth as code provisions under Section 11 . 03 . 510 Kent ,' City Code ; and WHEREAS, subsequent changes in law and policy have made it necessary to update the policies set forth in Section 11 . 03 . 510 (D) (1) (a) - (z) ; NOW, THEREFORE, l THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . Section 11 . 03 . 510 (D) (1) of the Kent City Code is hereby amended as follows : Sec . 11 . 03 . 510 . Substantive authority. A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city. B . The city may attach conditions to a permit or apprcval for a proposal so long as : 1 . Such conditions are necessary to mitigate specific probable significant adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; 2 . Such conditions are in wr_ting; 3 . The mitigation measures included in such conditions are reasonable and capable of being accomplished; 4 . The city has considered whether other local , state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts ; and S . Such conditions are based on one (1) or more laws or 2 regulations as provided in chapter 11 . 03 and subsection D. of this section and identified in writing in the license or other decision document . C. The city may deny a permit or approval for a proposal on the basis of state environmental policy act so long as : 1 . A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final environmental impact statement or final supplementary environmental impact statement prepared pursuant to this chapter; 2 . A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact ; and 3 . The denial is based on one (1) or more policies identified in subsection !: . below and identified in writing in the license or other decision document . D. The city designates and adopts by reference the following additional policies as the basis for the city' s exercise of authority pursuant to this section : 1 . The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions , programs and resources to the end that the state and its citizens 3 may: a . Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; b. Assure for all people of the state safe, healthful , productive and aesthetically and culturally pleasing surroundings ; C . Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other und= sirable and unintended consequences; d. Preserve important historic, cultural and natural asoects of our national heritage; e . Maintain, wherever possible, an environment which supports diversity and variety of individual choice; f . Achieve a balance between population and resource use which will perml� high standards of living and a wide sharing of li`e ' s amenities; and g . Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources . 4 2 . The city recognizes that. each person has a fundamental and inalienable right t_; a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment . 3 . The city adopts by reference the policies in the following city codes , crdinances , and resolutions : a . The citywide comprehensive plan as prepared and adopted pursuant to the State Growth Manaaement Act and adopted on April 18 1995 by the Kent City Council by Ordinance 3222 Geese • tieS�L��) and its specific componen--s , and elements inelt±ding but—let 'zm t o dt e the east ' z rp i a n-4-e s ez, tTe—nidmleei- plan -? es '-tt�e-n .-d pl—cr-eseluto e ..she s 8: 3 and 924), and includina all amendments thereto. b . Shoreline master program (reselut�:es nttfftbej�m 994-rI as adopted by the Washington State Department of Ecology on June 16 1992 and as adopted by the Kent Citv Council or July 21 1992 by Ordinance 3056 and includina all amendments thereto C . The surface water and drainage code, Kent City Code chapter 707 and including all amendments thereto. d. Underaround installation of electrical or communications facilities, -_ndei ffL-eune Kent City Code chapter 7 . 10 . and including all amendments thereto . e . Transportation master plan (resolution number 1014 and amended by resolution 1032) and Green River Valley transportatic)n action plan (resolution number 1127) and includina all amendments thereto . f . Wastewater facilities master plan, Kent City Code chapter 7 . 09 ar.d includina all amendments thereto. g. Comprehensive water plan (ordinance numbers 2369 2829 and em9 2960) and conservation element resolution 1361 and includina all amendments thereto . h. Construction standards for public works, .Kent City Code sections 6 . 02 . 010 and 6 . 02 . 020 (ordinance 3117) and including all amendments thereto . i . Street use requirements, Kent City Code chapter 6 . 07 and includina all amendments thereto . j . Flood hazard protection, Kent City Code, chapter 14 . 0-4 9 and includina all amendments thereto . k. Subdivisions Kent Ci7�y Code chapter 12 . 04 and 6 including all amendments thereto 1 . Mobile home parks, Kent City Code chapter 12 . 05 and including all amendments thereto M. Valley studies (as adopted by resolution numbers 920 , 921, 923 and 924 ) . n. Noise control , Kent City Code chapter 8 . 05 and including all amendments thereto o . State building code , together with local implementing ordinances, title 1� 4 including all amendments thereto . p. State fire code , together with the local implementing ordinances , title 13 and including all amendments thereto. q. Zoning, Kent City Code title 15 and including all amendments thereto . r. Recreational vehicle park eel, Kent City Code chapter 12 . 06 and including all amendments thereto . S . Water shortage emergency regulations, Kent Citv Code chapter 7 . 13 and water conservation ordinance 2227 and including all amendments thereto i n, :a t . Required public improvements, Kent City Code chapters 6 . 02 and 6 . 03 and including all amendments thereto . -,F- u . Storm and surface water utility, Kent City Code chapter 7 . 05 and including all amendments thereto . w v_. Storm drainage poli-,ies ( l `4 "pthei-c 924 any ordinance number 2547_) and including all amendments thereto . � W. Six-year transportation improvement plan (resolution numbers 1444 and including all amendments thereto . y x. Comprehensive sewerage plan (resolution number 915) and including all amendments thereto . n y. Fire master plan (ordinance number 2511) and including all amendments thereto . Z . Wetlands Management (ordinance 3109) and including all amendments thereto . SECTION 2. Severability . If any one or more sections, sub-sections or sentences of this chapter are held to be f? unconstitutional or invalid, such decision shall not affect the validity of the remaining portion >f. this Ordinance and the same shall remain in full force and eff -cts . SECTION 3 . Effective Date . This Ordinance shall take effect and be in force thirty ON days from and after its passage, approval , and publication as provided by law. JIM WHITE, MAYOR ATTEST : BRENDA JACOBER, CITY CLERK 9 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of _ , 1996 . APPROVED day of _ __ 1996 . PUBLISHED day of _ 1996 . I hereby certify that this is a true copy of Ordinance No . , passed by the City Cou-1 it of the City of Kent, Washington, and approved by the Mavor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK 20 Planning Committee Minutes February 20, 1996 Page 2 AMENDMENT TO KENT CITY CODE CHAPTER 11.02 ENVIRONMENTAL REVIEW AND COMMUNITY IMPACT MITIGATION (SEPA) - (J. Harris) Mr. Harris explained the need to update Chapter 11.02 of the Kent City Code that is used to condition a Declaration of Nonsignificance related to the SEPA process. 'Mr. Harris outlined the staff recommended changes as presented in the February 14, 1996 staff report. ja Council member Clark MOVED to adopt the amendments to Chapter 11.02 of the Kent City Code as outlined in the February 14, 1996 staff report and send to the City Council on March 5, 1996 for public hearing. Council member Johnson SECONDED the motion. The motion carried. KING COUNTY POLICIES AMENDMENT - RATIFICATION BY CITIES (F. Satterstrom) Planning Manager Fred Satterstrom explained the proposed ratification of Countywide Planning Policies. The first issue is an amendment to allow either the 1987 or the 1989 Federal Manual to delineate wetlands. The second issue to be ratified is an amendment to the boundaries of the Urban Growth Area for the City of Renton. This area is well outside of any City of Kent's interest area. Mr. Satterstrom recommended the Committee approve these changes and send these items to the City Council. Council member Johnson MOVED to adopt King County Countywide Policies Amendment - Ratification by Cities and send a final Resolution to the City Council for approval under the consent calendar. Council member Clark SECONDED the motion. The motion carried. POTENTIAL DOWNTOWN ZONING AMENDMENTS Mr. Harris explained that the Downtown Commercial (DC) zone does not allow drive-in facilities. Cascade Bank is trying to relocate their branch within downtown with the complication that the DC zone does not allow drive-in facilities. Mr. Harris explained an additional potential downtown zoning amendment relating to the number of taverns in the downtown area. Council member Clark questioned if this was pursued because of an increase in crime. Mr. Harris explained this issue originated from the Mayor in August 1995. Mr. Satterstrom explained another option for Cascade Bank would be to request a rezone from DC to DCE which would allow the drive-up banking. Chair Orr questioned the time frame for a rezone. ADJOURNMENT The meeting was adjourned at 4:50 p.m. C:\USERS\DOC\PCOM\MINUTES\PCO0220.MIN ( C•t7 Kent City Council Meeting Date March 19 . 1996 Category Public Hearings 1. SUBJECT: MAYOR AND COUNCILMEMBER TERM LIMITS 2 . SUMMARY STATEMENT: A public hearing to receive input on an ordinance relating to establishing term limits for the Mayor and City Council Members was opened on March 5, 1996, and continued to this date. 3 . EXHIBITS: Ordinance amending 2 . 01. and 2 . 02 of the Kent City Code 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT:" CLOSE HEARING: 7 . CITY COUNCIL ACTIOON: Councilmember Yam aon moves, Councilmember _ seconds to adopt Ordinance No. -83 establishing term limits for the Mayor and City Council. DISCUSSION: i ACTION: Council Agenda Item No. 2C ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapters 2 . 01 and 2 . 02 of the Kent City Code relating to term limits for the Mayor and City Council Members and further providing for other amendments relating to c >mpensaticn. WHEREAS, the city Council in reviewing its operations as the legislative body for the Ci? y of Kent , has considered the u issue of term limits for City Counc`_1 members and the mayor; and WHEREAS, as a result of said review, the City Council finds it appropriate to adopt term limits and to make other amendments to the code relating to Council members and the Mayor; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : TERM LIMITS I SECTION I . Chapter 2 . C1 of the Kent City Code is '! hereby amended to read as follows : CHAPTER 2 . 01 . CITY COUNCIL ;; Sec . 2 . 01 . 010 . Compensation of council members . A. Pursuant to the provisions of RCW 35A. 12 . 070 each city council member shall be paid a salary of five hundred dollars ($500 . 00) per month. Effective Jan.iary 1 , 1998 , each city council member shall be paid a salary of five hundred fifty dollars ($550 . 00) per month. Additionally, effective January 1 , 1998 , council member salaries shall be adjusted seventy-five (75) :, percent of the Consumer Price Index-W (Seattle) for July 1 , 1996 to July 1, 1997 . Each succeeding January 1 , council member salaries shall be adjusted seventy -five (75) percent of the Consumer Price Index-W (Seattle) for the period of July to July of the previous year . The duly elected president of the city : council shall be paid an additional salary of one hundred dollars ($100 . 00) per month in addition tc the regular council member salary. This additional salary shall not be subject to Consumer Price Index adjustments as set: forth herein. B . Each council member may receive medical insurance coverage benefits for himself or herself as is provided to full time employees of the city. Additionally, each council member may, at his or her expense, elect to obtain medical insurance coverage benefits for his or her family as is provided pursuant to city policy. Sec . 2 . 01 . 020 . Citycouncil meetings . g The regular and other meetings of the city council shall be held in the council chambers at the city hall unless otherwise designated by majority of the city council at a regular or e special meeting. The regular meetings shall be held on the first and third Tuesday of each month except that during the month of December of each year, there shay he only one (1) regular ; council meeting to be held on the second Tuesday of said month. ;! Special meetings shall be held as provided by law at such times ' as may be designated. Regular meetings shall convene at 7 : 00 p .m. If any such day of a regular meeting is a legal holiday, the ; meeting shall be held on the next husiness day at the same hour . Sec . 2 . 01 . 030 . Term Limits for council members . No person may serve on the City Council whether by election or by a]2oointment , consecutive terns which exceed twelve (12� years . Terms previously served or. terms currently being served on the effective date of this provision shall not be counted as part of the term limits establishel herein. 3 I SECTION 2. Chapter 2 . 02 of the Kent City Code is hereby amended to read as follows : CHAPTER 2 . 02 . MAYOR Sec. 2 . 02 . 010 . Compensation. he ene- the san4 five hundre4 eleven 4e!1aL-s ., -t=. __ r y t tiae pesitie --Err c3-- t-. f E-- Beginning January 1, 1994 , the base salary of the mayor of the city shall be fifty thousand dollars ($50 , 000 . 00) per year; the compensation reflecting the fact that the position of the mayor of the city is a full-time position beginning on such date . In addition to such change in salary, the mayor shall be entitled to receive all benefits associated with full-time employment with the city, as established by city policy for this position. Such benefits may be adjusted from time to time, on a city-wide basis, in accordance with city policy. Any adjustments increasing benefits beyond those provided to full-time employees and any increases in salary shall be by ordinance pursuant to RCW 35A. 12 . 070 . 4 'I Sec . 2 . 02 . 020 . AcIditienal compensation. Term Limits for Mayor. Tintil jantiary i !994 , e y thy_ pir s±ens -f this sc tien shall isave ne faaaee and eff':et!t . No person may serve as mayor , whether by election or by appointment , consecutive terms wr_ich exceed twelve (12) years ._ Terms previously served or terms currently being served on the effective date of this provision shall not be counted as part of ithe term limits established herein . , t1he eempensatien tee wh_:eh .r L- shall - f -6.G) 1 _a-s y n -t— f �l l have no C C"—CCn 4 eT C C-C . G �. - - t - l L, r, en shall 1 - iieh Lv_ _ ._,may all ef�Eeett SECTION 3 . If any one ot- more sections , sub-sections , or sentences of this chapter are ht-Id to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinanc and the same shall remain in full force and effect . SECTION 4 . This Ordinance shall take effect and be in force thirty (30) days from and af._er its passage, approval and publication as provided by lays . JIM WHITE, MAYOR F ATTEST : BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of _ , 1996 . APPROVED day of 1996 . PUBLISHED day of 1996 .. 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 (exra.ortl Kent City Council Meeting Date March 19 . 1996 Category Public Hearings 1. SUBJECT: GROWTH MANAGEMENT ACT CONCURRENCY ORDINANCE 2 . SUMMARY STATEMENT: As authorized by Council, this date has been set for the Public Hearing on the GMA Concurrency Ordinance. This Ordinance addresses concurrency management associated with the transportation system as mandated by the Growth Management Act. The Public Works Director will give a brief description. 3 . EXHIBITS: Public Works Director memorandum and ordinance 4 . RECOMMENDED BY: Council 3/5/96 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: _.. �J OPEN HEARING: PUBLIC INPUT• _ CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember rLaak moves, Councilmember seconds to adopt GMA Concurrency Ordinance No. 320 . DISCUSSION: _ ACTION: -- t Council Agenda Item No. 2D Concurrency Ordinance - Amendment Roger Lubovich stated that this ordinance was discussed at the last Committee meeting and since that time he has reviewed it again and has made a change, which he discussed with the Committee, regarding language confusion. He said that basically it has to do with payments for mitigation and the construction time frame for mitigation required for concurrency. Committee unanimously recommended approval to amend the Concurrency Management Ordinance as proposed by the City Attorney relating to the payment for, and timing of, improvements for mitigation concurrency. Meeting adjourned: 4:45 P.M. 4 ORDINANCE NO. _ AN ORDINANCE of the City Council of the City of Kent , Washington, relating to the establishment of standards and procedures for providing compliance with the concurrency requirements of the Stat > Growth Management Act ; and adding a new Chapter 12 . 11 to the Kent City Code, entitled "Concurrency Management " . WHEREAS, the Growth Management Act provides that public facilities and services shall be adequate to serve development at the time development is available for occupancy and use without decreasing current levels of service below established minimum standards ; and WHEREAS, the Growth Management Act mandates that local governments adopt and enforce polic-_es and regulations which prohibit development approval if t' e development causes the level ) I of service on a transportation faci_ity to decline below the standards adopted in the transport.i:.ion element of the I Comprehensive Plan unless transportation improvements or strategies to accommodate the impa ,ts of development are made concurrent with the development or within six years ; and follows : �I i i WHEREAS, the Kent Planning Commission, after numerous meetings and public hearings , recommended a Comprehensive Plan, including a transportation element , to identify changes which would help improve the balance among land use , transportation investment and transportation capacity and a capital facilities element to identify appropriate levels of service standards and funding strategies for capital facilities ; and WHEREAS, the Kent City Council reviewed the Planning Commission' s recommendations in the, Comprehensive Plan, including the transportation element and canit.al facilities element ; and i WHEREAS, the City Council_ desires to implement the requirements of the Growth Management Act and the Planning Commission' s recommendations ; and WHEREAS, this ordinance is adopted pursuant to RCW 35A. 11 . 020 and 35A. 63 . 100 (1) , (4 ) and (5) for the purpose of complying with the Growth Managemen- Act , RCW Chapter 36 . 70A, including the concurrency requirement of RCW 36 . 70A. 070 ; and WHEREAS , the City of Kent has complied with the State Environmental Policy Act and with the City' s Environmental Procedures Code ; NOW, THEREFORE , 2 i THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : SECTION I . A new Chapter 12 . 11 is hereby added to the Kent City Code, entitled "Concurrency Management" , to read as follows : CHAPTER 12 . 11 . CONCURRENCY MANAGEMENT. Sec . 12 . 11 . 010 . Purpose. The purpose of this chapter is to set forth specific standards providing for City compliance with the concurrency requirements of the State Growth Management Act (GMA) and for consistency between city and countywide planning policies under the GMA. The GMA requires that adequate street capacity is provided concurrently with development to handle the increased traffic projected to result from growth and development in the city and region. The purpose of this chapter is to ensure that the City' s transportation system shall be adequate to serve the future development at the time the :development is available for occupancy, hereinafter referred tc as "concurrency" , without decreasing current service levels be_1_ow established minimum standards . The intent of this chapter is to establish a Transportation Concurrency Management System (TOMS) to ensure that the necessary facilities and/c programs needed to maintain a minimum level of service can oe provided simultaneous to, or 'I 3 i i within a reasonable time of new development as required in the GMA. The GMA requires that a specific set of standards be developed to measure and ensure compliance through the inclusion. of : A. Standards for roadways that balance congestion management with land use objectives . B . Traffic zones tailo-red to area characteristics and needs . C. Level of Service Standards for each traffic zone which include availability of other mobility options and use of an area-average method of evaluati-:a roadway system adequacy. Sec . 12 . 11 . 020 . Definitions . For purposes of this chapter, the following definitions apply: A. Affected Arterial . Any street which can be identified as significant to the area in which it serves in terms of the nature and composition of travel and which will be impacted by new development . Amer-als serve major center; of activity and carry the major porti_Dn of the traffic entering and leaving the city- B . Affected intersection . A designated signal-zed intersection as set forth in Secticn 12 . 11 . 100 within a traffic i zone (mobility management zone) it -_re city over which the city 4 i has operational responsibility and which will be impacted b new P P Y p Y development . C. Application . Any development proposal and accompanying traffic analysis as required in this chapter used to determine the impact on each facility and/or mobility management zone it affects . D . Area-Average level-of-service . The sum of volumes on critical arterials and at key intersections as defined in Highway Capacity Manual Special Report No . 209 dated December, 1985 , divided by the sum of the capacity on critical arterials and at key intersections within a mobility management zone . E . Background traffic . The volume of traffic that currently exists on the street system prior to date of occupancy of a proposed development . Background traffic includes all existing traffic and the anticipated traffic from all development proposals which have been approved under this chapter. F . Capacity. The maximum traffic volume that can pass through an intersection or ar':erial during a given peak hour as measured by the sum of critical volumes as defined in the Highway Capacity Manual Special Report 209 dated December, 1985 . G. Capital facilities plan (CFP) . The 6-year plan_ for capital improvements that support the City' s current and future population and employment growth. It contains level of service (LOS) standards for each pi.:biic facility, a financing plan for necessary facilities, and requires that new development is served by adequate facilities fo>>: which concurrency is 5 III I required under this chapter. The CFP also contains broad goals and specific policies for all public facilities . H . Capital improvement . Land, improvements to land, structures (including design, permitting, and construction) , initial furnishings and selected equipment . Capital improvements have an expected useful life of at least 5 years and a cost of at least twenty-five thousand ($25 , 001;; ) dollars . Other capital costs, such as motor vehicles and motorized equipment , computers and office equipment , office furni ='r_ings, and small tools are considered to be non-capacity capital expenses in the City' s annual Capital Improvement Plan budget , and are not capacity capital improvements for the purposes of the Comprehensive Plan, or the issuance of development perm_ts . I . Concurrency. Requi::ement of the 1990 Growth Management Act (RCW 36 . 70A. 070 (6 ) ? requiring that the City may only permit development approval if a development would not cause level of service to fall below the city' s adopted standard, except for transportation facilities where revenues are or may be secured to complete mitigating transportation improvements or I i strategies within six years . when a development fails to meet the concurrency test , mitigation w.1.1.1 require improvements or strategies to accommodate the impa_,ts of the development . Demand management and other non-roadway strategies may be used for transportation mitigation. Concurrency is further defined in Section 12 . 11 . 050 . 6 J. Development. Construction and/or substantial modification of structures or improvements to land which will I alter, modify and/or expand a use of: land in a manner that may cause adverse impacts . I` K. Development permit or approval . Any document granting, or granting with conditions, a rezone, plat , planned unit development , conditional use permit , shoreline substantial development permit, building permit_ , or any other official action of the City having the effect of authorizing the development of land. 1 . Final development permit . A building permit or any other development permit which results in an immediate and continuing impact upon public facilities . 2 . Preliminary development aooroval . Including, but not limited to, a rezone, plat , planned unit development , or shoreline substantial development permit . L. Director. The Publc Works Director for the City of Kent, the Director ' s authorized representative or any representative authorized by the Mayor. I, M. Degradation . An increase in the volume/capacity it ratio (V/C ratio) above the area-w`_de level of service (LOS) i standard for a mobility management cone as established in I �� 12 . 11 . 060 . !' N. Funded project . A project in the most recently adopted capital facilities plan (C-P) for the city or similar i capital program of another jurisdi,,-.ion which has sufficient i i revenues secured for construction cr which meets the facility concurrency requirements of Section 12 . 11 . 050 . O . Level of Service (LOS) Standard. For the purpose of this chapter, level of service (LOS) shall mean a qualitative estimate of the performance efficiency of the City' s transportation facilities and is tailored for each of the City' s (22) twenty-two mobility managemen* zones (MMZ) , reflecting distinct roadway conditions and multiple community objectives . LOS standards for arterials , trans. ' and pedestrian/bicycles within each of the twenty-two zone., are set forth in Section 12 . 11 . 100 below. P . Mitigation . For the: purposes of this chapter, mitigation shall mean transportation demand management strategies and/or facility improvements constructed or financed by a developer which return a degraded area-average level of service to the standard established for tha, area . If an area is already exceeding the standard prior to the development proposal , mitigation shall mean transpoi-tati:Dn demand management strategies and/or facility improvements constructed or financed by a developer to return the degraded area-average level of service to at least the level-of-service established for that area . Q . Mobility management (MMZ) zones . Distinct transportation areas within the ctv limits and the City' s potential annexation area with boundaries based on certain criteria as set forth in the City' s Comprehensive Transportation Plan, which is a supporting document to the City ' s Comprehensive Plan. Mobility management zones are set forth in Section i 12 . 11 . 100 . Some mobility management zones include intersections i and arterials outside the City ' s jurisdiction. R. Peak hour. The consecutive sixty-minute period between the hours of 4 p .m. and 6 p .m. which experiences the highest sum of traffic volumes as determined by the city on a roadway segment or passing through an intersection. This is also referred to in this chapter as the "p .m. peak hour" . S . Peak hour trips . T:)tal vehicular trips entering and leaving a project during the peak hour on adjacent streets , _ as defined in the most recent ITE Trip Generation Manual , published by the Institute of Transportation Engineers . Other trip generation sources subject to approval by the director may be used where ITE data is based on a limited survey sample or I where there may be special trip-generating characteristics of the ' proposal . T . Phased Development. Any development involving multiple buildings or improvements where issuance of development permits would not occur at the sam time, but be phased over a period of time . U. Public facilities . The capital improvements and systems of the transportation facilities and/or services requiring concurrency. V. Site specific improvements . Improvements made to transportation systems, the need fo:- which results directly from a development permit or decision made under the Kent Zoning Code 0 or other provisions of the Kent City Code relating to development permits . For transportation facilities, such improvements may include, but are not limited to, s to access, turning lanes , traffic signals, changes in traffi(- signal operation and modification of intersection ceomet,rics . Site specific improvements include right-of-way and related frontage improvements when they are reauirei tc be dedicated or constructed at the time of buildin;j permit issuance . W. Supplemental links and intersections . An intersection or roadway link which contributes to the system function within each mobility management zone . System intersections within the mobility management zones are listed and mapped in Section 12 . 11 . 100 with 1-�vels of service for each zone . X. Transportation Demand Management (TDM) . Public I and/or private programs designed t:) increase the efficiency of j existing capital transportaticn facilities , including, but not limited to, transit and ride sharing incentives, flexible working hours , parking management, and sup:)ortincr non-motorized enhancements to decrease single ect:upancy vehicle trips . Y. Transportation facilities . Streets , roads, highways , sidewalks , street and roaid lighting systems , traffic j signals , non-motorized enhancements , and related systems and site specific improvements . Z . Under construction . When a construction contract I for a project has been awarded or actual physical alteration or improvement has occurred on the sit.F . 1G it AA. Volume/capacity ratio (v/c ratio) . The proportion of available intersection capacity used by vehicles passing through an intersection as defined i.n the Highway Capacity Manual Special Report 209 dated December, 1985 . Sec . 12 . 11 . 030 . Administration and application. A. Administration. ThE� public works director shall be responsible for the administration of all activities relating to this chapter and shall coordinate with other departments , as appropriate, in implementing the provisions of this chapter . The public works director may implement: administrative policies deemed necessary and/or appropri.at� to implement the provisions of this chapter. B . General Application . This chapter applies to all land use development applications t--led after its effective date under the Kent City Code for the fo- lowing types of development activities . 1 . Phased Development . The requirements of this chapter shall be applied at the time of approval of the initial phase and shall be adjusted for ea --h subsequent phase based on the cumulative impact of all the phases . 2 . Chancre in Occupancv. This chapter will apply to applications for tenant improvements if a proposed new use or an expanded existing use will generate new p .m, peak hour trips . 3 . Rezones . The city may approve a proposed rezone only if the full facil:lty Impacts of site development are i 11 i i disclosed at the time of application assuming full development of the property under the proposed zoning classification using the highest trip generating permitted uses . Lack of concurrency will not be a basis for denial of a rezone , however, any subsequent development is subject to the concr:rrency requirements of this chapter. Specific requirements for public facility improvements to mitigate the impacts of a proposed rezone and assure compliance with this chapter may b, imposed as a condition of rezone . 4 . Concomitant Agreements . Unless the agreement i specifically provides otherwise , tsis chapter applies to any development application that is su: ;Ject to an existing concomitant agreement . 5 . Reconstruction of Destroyed Buildings . If a building to which this chapter did not apply at time of I construction is destroyed by fire, explosion or Act of God or war, and is reconstructed in accordance with city code, it will f not be required to comply with tlii:; chapter unless the it reconstructed building produces public facility impacts in excess c= those produced by the destroyed building. C. SEPA. This chapter - s not intended to limit the application to the State Environmental Policy Act to specific proposals . Each proposal shall be reviewed and may be I conditioned or denied under the authority of the State i E=ivironmental Policy Act . it I 12 i D. Traffic impact analysis. As art of the land use P Y P development application, the applicant will be required to submit a traffic impact analysis to identify all traffic impacts upon key arterials, intersections and nonmotorized facilities within a particular zone - The traffic impact analysis shall be done consistent with the City of Kent ' s Administrative Guidelines for the Requirement of Traffic Impact Analysis of New Development . Sec . 12 . 11 . 040 . Exemptions . The portion of any facility used for any of the following purposes is exempt only from the concurrency requirements and not from the application and processing requirements of this chapter cr for the requirement to do site specific improvements : 1 . Day care facility for children, as defined in the Kent Zoning Code, if not operated for profit; 2 . Privately operated not for profit social service facilities recognized by the Internal Revenue Service under Internal Revenue Code; 3 . Low income housing, which is defined as housing which is affordable to persons whose income is below fifty percent of the median income for the persons residing in the Seattle Metropolitan Statistical Area . Not more than ten percent of the total number of units in a )roject shall be exempt under this subsection; 13 i 4 . Development that is vested by RCW 19 . 27 . 095 , RCW 58 . 17 . 033 , RCW 58 . 17 . 170 , or KCC 14 . 11 . 5 . Single family homes on legal lots of record. 6 . Any development creating less than 10 peak hour trips as defined in this chapter. Notwithstanding the exemptions provided herein, the traffic impacts on public facilities resulting from an exempt use shall nonetheless be included in computing available capacity. Sec. 12 . 11 . 050 . Adequate Public Facility Concurrency. The issuance of development permits shall be conditioned on a determination that. there is concurrency (sufficient capacity remaining on a public facility to meet the level of service standards for the impacts of existing development and impacts of the proposed new development) , and shall be determined in accordance with the following: 1 . Where adequate capacity exists at the time development permit or approval is issued; or 2 . The City has in place binding financial. commitments to complete the necessary public facilities or i strategies within six years, provided that : a . The capital facilities plan as defined in the Kent Comprehensive Plan must be financially feasible; and b . The City uses a realistic , financially feasible funding system based on revenue sources available according to laws adopted at the time the Capital Facilities Plan is adopted; and i 14 III C . The Capital Facilities Plan in the Kent Comprehensive Plan must demonstrate that the actual construction of the roads, nonmotorized and transit facilities are scheduled to commence during or before the sixth year of the Capital Facilities Plan; and d. The Capita. Facilities Plan must include ' facilities necessary to eliminate =!xisting level of service deficiencies as well as those necessary to maintain adopted level ' of service standards to serve new :.development . Sec . 12 . 11 . 060 . Application - transportation level of service standard. 1 . Degradation limits of mobility management zones . A development proposal will not be approved which causes the congestion to exceed the level of service (LOS) standard in a mobility management zone (MMZ) and not mitigated by: 1) the existing street network; 2) fully funded projects ; 3 ) street improvements under contract as pare of other approved developmenzl! proposals which are fully funded alidjor; 4) developer mitigation I I in accordance with Section 12 . 11 . 0,,0 . 2 . Area-average level-of-service standards . Level of service standards are tai-ored for each mobility management zone, reflecting distin :t conditions and multiple community objectives , with an area average approach used to measure system adequacy. The area average method measures the I average level of service on critical arterials and at key intersections within each mobility management zone . Sec . 12 .11. 070 Development application procedures - approval/denial . A. Application . Any application and accompanying traffic analysis which is subject to this chapter shall be reviewed by the Director and used to determine the impact on each mobility management zone it affects . A proposal will not be approved under this chapter if there is no concurrency with public facilities as required in this chapter. Additionally, the director will determine if mitigation is required and appropriate under this chapter due to lack of concurrency and, if so, whether any mitigation proposed by the developer meets the requirements of 12 . 11 . 090 . B . Final Development Permit . No final development permit shall be issued by the City unless there is sufficient capacity of public facilities available to meet the standards for levels of service for existing development and for the proposed development as required in this chapter. C. Preliminary Development Approval . Except for rezones, no preliminary development approval shall be issued by the City unless the applicant obtains a determination of the j capacity of public facilities as part of the review and approval of the preliminary development. approval . 16 l! D. Processing of Applications - Approval/Denial . Issuance of final development permits and preliminary development ! I approvals shall be subject to the concurrency requirements set forth in Section 12 . 11 . 050 and further subject to the following : 1 . Determination of Capacity - .Expiration. The determination that facility capacity is available shall be based on information provided by the applicant to the satisfaction and approval of the director. The determination of capacity shall be binding on the City at such time as the City determines that adequate capacity is available or the applicant provides mitigation or assurances, as set f->rth in Section 12 . 11 . 09C . The determination of capacity shall be valid for the same period of time as the underlying development permit or approval, including any extensions thereof . If the underlying development permit or approval does not have an expiration date, the capacity shall be valid for a period not to exceed one (1) year . 2 . LOS Service Areas . The standards for levels of service of transportation facilities shall be applied to the issuance of development permits cn the following geographical basis : a . Transportation facilities which serve less than the entire city shall aci-eve and maintain the standard for levels of service within their assigned mobility management zones . No development permit shal] be issued in an assigned mobility management zone if the standard for level of service is i not achieved and maintained throug:hcut the assigned mobility i 1; i I management zone and other applicable mobility management zones impacted by the proposed development ; b . No further determination of capacity for the subject property shall be required prior to the expiration of the determination of capacity for the proposed development provided that the capacity has been reserved for the proposed development . Any change in the density, intensity, or land use that requires additional public fa, .lities or capacity is subject to review and approval or denial b the city. 3 . Funded Project_ . The developer may rely on capacity provided by funded projects, including projects in the current Capital Facilities Plan ( FP) and by street improvements under contract as part of other approved development proposals . The approval is subject to the requ .rements that the applicant must fully fund or mitigate any impacts as required herein. I- the list of funded projects is moth_-ied after the time the proposal vests, the applicant may elect to rely on the new capacity provided by the modified 1_st of funded projects provided that such election must be made prior to issuance of a development permit . E . Non-Assignability of Determination . The determination that facility capacity is available runs with the land and is not personal to the applicant . The determination is not assignable or transferable . I l8 Sec. 12 . 11 . 080 . Appeal of Director ' s Decision Hearing. A. Any person aggrieved by the action of the director 's based on a determination of capacity issued under this chapter shall have the right to appeal such action to the hearing examiner by filing a notice of appeal with the director within ten (10) days of notice of the refusal to issue or renew. Such appeal shall be processed pursuant to the hearing procedures set forth in Chapter 2 . 32 of the Kent City Code . The hearing examiner shall set a date for hearing such appeal . At such hearing the appellant and other interested persons may appear and be heard, subject to rules and regulations of the hearing examiner. B . Appeal to the hearinc examiner shall constitute I final administrative review. C . An appeal of the decision of the hearing examiner must be filed with Superior Court within twenty-one (21) calendar ' days from the date of issuance of the hearing examiner ' s decision; i as provided in RCW 36 . 70C. 040 , or '_ s thereafter barred. Sec . 12 . 11 . 090 . Mitigation. A. General . If mitigation is required to meet the area-average level of service standard, the applicant may instead', choose to (1) reduce the size cf the development until the standard is met, (2) delay development schedule until City and/or ' others provide needed improvements or (3) provide the mitigation ', I Q i as provided for in this chapter . mitigation must be acceptable to the City in form and amount , to guarantee the applicant ' s pro rata share of the financial obligation for capital improvements for the benefit of the subject property. B . Mitigation approval . If concurrency does not exist as set forth in Section 12 . 1L . 050 , to obtain concurrency, the applicant may provide mitigation to the satisfaction and approval of the director as fcllcw:; : 1 . Pavment for and Timing of Improvements ._ a. Payment f:)r developer-funded transportation improvements affecting critical arterials and key intersections within the City' s direct operational control necessary to meet the requirements _-cr concurrency must be made prior to issuance of a development permit , final plat approval o. other approval requiring improvements under this chapter . Any such improvements required to be constructed by a developer to I meet the requirements for concurrency must be under construction within six months after issuance _` a certificate of occupancy, final plat approval or such other ;ipproval for the proposed development . All improvements shall comply with the City' s construction standards , as adopted pursuant to Ordinance No . 3117 , and as thereafter amended . -urthermore, the director shall require an assurance device tc guarantee completion of such i improvements in accordance with sa'-d construction standards . The finance manager shall be responsible for maintaining all i mitigation funds received under th '_s chapter . 20 b . Payment for or the requirement of the developer to construct any transportation improvement necessary to meet the requirements of concurrency which is partially or wholly outside the city' s direct operational control must be submitted for approval by the appropriate agency (ies) which have control . Should the appropriate acency (ies) elect to postpone the proposed improvements, or refuge to accept the proposed mitigation, the director shall coli.e c- and hold the amount estimated for mitigation until the improvement is made as required in this chapter. An assurance device satisfactory to the director may substitute for the payment required in this subsection. C . The project proponent may provide funding in an amount equal to the cost estimate of the director, for necessary traffic improvements . The director may require actual construction rather than provision of funding. Funds, or other commitments, for projects to be constructed by the city must be paid in full by the projec'. proponent to the city prior to issuance of a development permi-. , final plat approval or such other approval for the project . 2 . Transportation Demand Management . As a mitigation measure, the project proponent may establish transportation demand management (TDM) strategies to reduce single occupant vehicle trips generated by the project . The project proponent shall document the specific measures to be implemented and the number of trips to be reduced by each 21 measure . The TDM program may be denied based on the criteria of subsection 3 below. The director dust approve the strategies and ', shall monitor and enforce the performance of agreed upon TDM measures . The director will determine if performance measuring I devices shall be imposed, and may r-equire annual documentation of the continued effectiveness of such measures . The director may require that additional measures be implemented if the agreed upon measures fail to result in th- reduction of the stated number of trips . 3 . Decision Criteria-Acceptable Mitigation. Acceptable mitigation requires a finding by the director that : a . The mitigation is consistent with the Comprehensive Plan. b . The mitigation contributes to system performance . C . Imprcvements to an intersection or roadway may not shift traffic to a residential area . d. Imprcvements to an intersection or, roadway may not shift traffic to ot.}:er intersections for which there is no acceptable mitigation -:available . e . Improvements to an intersection or roadway may not shift traffic to itersections within another jurisdiction which would violate that jurisdiction' s policies and regulations . 22 f . Improvements to an intersection or roadway may not shift traffic to another mobility management zone and violate that zone ' s objectives and standards . g. The effect of the improvement would not result in a reduction or the loss of another transportation objective, including but not limited to maintaining high occupancy vehicle lanes, sidewalks , or bicycle lanes . h. The adverse environmental impacts of the facilities improvement can be reasonably alleviated. i . The improvement will not violate accepted engineering standards and practices . Notwithstanding the foregoing, the director has the authority, in the director ' s sole discretion, to require correction of a documented safety-related deficiency. C. Mitigation denial -appeal process . If the director determines that the proposed mitigation does not meet the requirements of this chapter, the cirector may deny the proposed improvements and determine the project is inconsistent with this chapter. The director ' s decision may be appealed by the applicant to the hearing examiner pursuant to the provisions of Section 12 . 11 . 080 . Sec . 12 . 11 .100 . Mobility management zones and standards . Mobility management zones and the system standards are set forth in Table 1 as follows : 23 SECTION 2 . Adoption of ::his ordinance shall not invalidate or otherwise have any effect on any development permit application vested on the effective date of this ordinance . SECTION 3 . Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality ::,ball not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance . SECTION 4. Effective Date . This ordinance shall take effect and be in force thirty (30 ) days from and after its passage, approval and publication is provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 24 i APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1996 APPROVED day of 1995 . PUBLISHED day of _ 1996 I hereby certify that this is a true copy of Ordinance No . , passed by the City Cosncil of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. i (SEAL) BRENDA JACOBER, CITY CLERK concur3.crd 25 I! 1 � L ,G r� 17 U 1. U T - L C vi v� v� \ C h h � � h h N ✓� V v. = x x x x a r x x x a x x r > > V_ cV ,n c > > > n C. rn :✓: - r v: :!: — _- v; -✓, ✓: ,n :n r s :i: c ;r .: �: i — r •r, x = :✓: � — t :r y - - _ - ✓: rn U v; r r s :r � i = r '_. v, r L c T `! -I � v; r r U — /: v, � -v: i � — I- > > - - J > - > w - '-� <_ > < - CD c /Z Z � f :/; � :/; 'l. ,C �: :l; 'J; :! � L V' r L :/; :/; f I :('. L. ? ✓] - �... :/� :/; - :!; :/; :1; r U :!: U n G J ^ vt T `mil U v _ _ L L J — U :n r ✓ s s u L } zz- - = Z V N z > N N N N N ►� _ r v sr �, N U > > > > — < < < < r U >> > < < < < _ bc z CJ C '✓; v; v; r - E J i .TCJ�47 CONSENT CALENDAR 3 . city Council Actio Councilmember_ moves, Councilmember — seconds that Con ent Calendar Items A through be a roved. Discussion Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of March 5, 1996 . 3B. Approval of Bills. Approval of payment of the bills received through February 29 and paid on February 29 , 1996 after auditing by the Operations Committee on March 6, 1996 . Approval of checks issued for vouchers: Date Check Numbers Amount 2/29/96 165609-166048 $11761,499 . 00 Approval of checks issued for payroll for February 16 through February 29 and paid on March 5 , 1996 : Date Check Numbers Amount 3/9/96 Checks 209796-210113 $ 250, 454 . 12 Advices 32279-32717 553 , 053 .78 $ 803 , 507 .90 Council Agenda Item No. 3 A-B Kent, Washington March 5, 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, Johnson, Orr and Woods, Operations Director/Chief of Staff McFall, Assistant City Attorney Brubaker, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Parks Director Hodgson, and Finance Director Miller. Council President Houser was excused from the meeting. Approximately 40 people were in attendance. PUBLIC Introduction of Principal of Park orchard COMMUNICATIONS Elementary and Student Council. Mayor White in- troduced and welcomed Mr. Roger Courtney, Megan Huntstein, Katie Bachmeier, and Molly Richter from the Executive Board of the Student Council at Park Orchard Elementary. Mr. Courtney noted that they were present to see how the City Council operates. Employee of the Month. Mayor White announced that Charlie Lindsey, Facilities Manager, has been selected as Employee of the Month for March. He explained that Charlie is responsible for the maintenance of City buildings and grounds, whether to repair or beautify them. He noted that Charlie has been employed by the City of Kent for seven- teen years, but has been Facilities Manager for just a short time. The Mayor noted that Charlie was in charge of the remodel project and that an excellent job was done within budget, and that he is responsible for the on-going furniture replace- ment project. He added that Charlie' s co-workers compliment him for being helpful, courteous, and projecting a "can do" attitude, and that his superiors can depend on him to get the job done no matter what the assignment may be. Mayor White gave a special thank you to Charlie for an excel- lent job in developing the Facilities Division into an effective operation and making dramatic improvements in how things are maintained. Finance Director Miller explained that Charlie works to make sure people are comfortable and safe. She said that all of the City Buildings look good, and that she is very proud to have Charlie as an employee. Introduction of Mayor's Appointee. Mayor White introduced Karen Jordan, his new appointee to the Kent Library Board. Greater Rent Historical Society Presentation. Mr. Jack Becvar of the Greater Kent Historical Society displayed a Heritage Blanket containing 1 March 5, 1996 PUBLIC scenes made from photographs of Kent. He ex- COMMUNICATIONS plained that archive photographs were put into a computer and reproduced on the blanket. Mayor White noted that these blankets are on sale as a fund-raiser for the Greater Kent Historical Society. Mr. Becvar noted that the first order has almost been sold, and that the blankets are available in different colors. King County Open Space Bond Issue Report. Parks Director Hodgson explained that for the past several months the King County Parks & Recreation Directors have been working with King County, City of Seattle, and the Citizens Oversight Committee in the anticipation of a new open space bond issue. He noted that Kent is one of twenty cities that have been outreached by the above group to update their perspective Councils on the progress. He explained that much time has been spent in up- dating the Parks Committee on the process as well as beginning the first phase of potential projects that would be funded under this package if it goes forth. Bonnie Burke, Lead Consultant from Burke and Associates, noted that the program is a con- tinuation of 30 years of work done in the community on creating more open space in King County. She explained that Forward Thrust was passed in 1968 which was a comprehensive parks and open space bond measure, followed by the Farm and Preservation Program in 1979 , the $117 million County-Wide Open Space Measure passed in 1989 , and several other non-bond initiatives, including the Conservations Futures Tax, that have resulted in the purchase of about 4800 acres of open space in the County. She noted that the recent Waterways 2000 Program has allowed the County to purchase critical resource areas around watersheds. Ms. Burke explained that this effort has been going on for approximately fifteen months with elected officials from suburban jurisdictions, the City of Seattle, and King County who are cognizant that many needs for parks and open space aren't being met. She noted that a survey was taken in mid-October with 400 registered voters which showed the highest priority (66%) was for pre- serving salmon habitat, and the second priority (65%) was for serving the recreational needs of children. She pointed out that 64% of those polled said they would support a bond measure of 2 March 5, 1996 PUBLIC $200, 000, 000, and that 70% said they would support COMMUNICATIONS a $125, 000, 000 bond issue. Ms. Burke noted that this is a broad-based effort with many working groups, and that Kent has been represented with over 100 citizens working with the Steering Committee staff to identify priori- ties, develop project selection criteria, and project allocations. She explained that about 70% of the funding would go to local jurisdictions and would be allocated based upon population with the jurisdictions determining how it will be spent as long as the project meets the criteria set. She further explained that the remaining funds would go for critical resources which include farm and forest properties, waterways property, and some regional open space. She noted that 7% of the funding would go for a new program which is in- tended to stimulate new partnerships. Ms. Burke noted that four public meetings will be held in the next month around the County including one in Renton and one in Auburn. Upon Mayor White's questions, Hodgson explained that an assessed value amount hasn't been determined yet but that it is anticipated that approximately $4 1/2 to $5 million would be available. He noted that the City would then have the option to go after some of the open space and partnership money. Hodgson clarified for the Mayor that when money is allocated to the City for local funds, as long as certain threshold criteria of the projects are met, the City can do whatever the Council requests. He noted that a recommenda- tion will be going to the King County Council for a September vote, and that within the next two months the City will have to put together a package. He explained that the Parks Department and the Parks Committee will be working together to identify what the City wants to pursue for this amount of money, and whether or not there are some partnerships out there. He noted that the Council will decide what the projects are and the com- mittees will then go forward with community meetings to get support for them. Mayor White requested that Hodgson and the Parks Committee look into the possibility of the City of Kent doing its own Parks Bond Issue. He explained that a Parks program has been funded for many years by the City with the knowledge that from 50% to 60% of the participants were not City residents 3 March 5, 1996 PUBLIC but residents of the County. He expressed concern COMMUNICATIONS as to whether or not the citizens of Kent are going to be putting out more money than what is coming back. Mayor White also requested, since Kent is the largest City in the Valley, that one of the proposed public meetings be held in Kent. Legislative Update. Arthur Martin, Governmental Affairs Manager, noted that the budget gap between the House and Senate has been narrowed from $165, 000, 000 to $25, 000, 000 with the Senate com- ing down and the House staying the same. He added that a supplemental budget of $30, 000, 000 was passed by the House which was beyond their top line on spending. He explained that the supple- mental budget was earmarked for public schools, technology and the associated personnel which will not include any of the levy items nor the things that were onerous to the cities. Mary Kathleen Reidy Day. Mayor White read a proclamation declaring March 6, 1996 as Mary Kathleen Reidy Day in the City of Kent. He noted that Ms. Reidy has served as Lighthouse Director since November, 1993 and has been instrumental in the growth and development of the program from a single site in Kent to four sites located in Renton, the Covington area and Kent. He also noted that she has worked to bring together a variety of collaborative partners such as the Kent School District, the City of Kent Parks and Police Departments, King County Public Health, King County Anti-Gang Unit, Community Council for At-Risk Children, the Renton School District, and United Way, working for the benefit of youth and teens. The Mayor noted that Ms. Reidy is passion- ate about her commitment to youth and that she would like to see that all youth are accepted for who they are and given an equal opportunity in life. He encouraged all citizens to join in expressing thanks and appreciation to Ms. Reidy for her service and contributions to teens in this community. (ADDED ITEM) Boy Scout Troop #417. Mayor White thanked Mr. Brian Jaeckel and two members from Boy Scout Troop #417 for coming to the City Council meeting. He invited them to come back and present colors for the Council at a future meeting. 4 March 5, 1996 CONSENT JOHNSON MOVED that Consent Calendar Items A CALENDAR through R be approved, with the exception of Item 3I which was moved to Other Business as Item 4F. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of February 20, 1996. HEALTH & (CONSENT CALENDAR - ITEM 3L) SANITATION Lake Meridian Ridge Condos AUTHORIZATION to accept the Bill of Sale for the Lake Meridian Ridge Condominiums submitted by Drew R. Prell, General Partner, Seattle/Kent Investors Ltd. , for continuous operation and maintenance of 808 feet of sanitary sewer line, and release of bonds after expiration period, as recommended by the Public Works Director. This project is located at 13306 S. E. 272nd Street. SOLID WASTE (CONSENT CALENDAR - ITEM 3M) Solid Waste Collection Services Addition. AUTHORIZATION for Kent Disposal to add a mini-can (20-gallon can) service to the solid waste col- lection services provided for Kent' s residential customers, as recommended by the Public Works Committee. This additional collection service will be $7 . 90 per month. The 20-gallon container will be provided by Kent Disposal. TRAFFIC (CONSENT CALENDAR - ITEM 3P) CONTROL Rent Shuttle Service. ADOPTION of Resolution No. 1460 which authorizes staff to retain a service provider and enter into a contract to supply shuttle service to the Kent area after first obtaining approval from Metro, as recom- mended by the Public Works Committee. The estimated cost to operate this service for the balance of this year is approximately $69, 000 with funds coming from the City' s Downtown Transit Demo budget. Service would consist of one bus running on a route similar to that of the "Jingle Bus" with pickups at predetermined stops made once every hour. PUBLIC WORKS (BIDS - ITEM 5A) Ditch Cleaning along North Side of S. 212th Bid opening was held on February 27th with 10 bids received. The low bid was submitted by Tydico Inc. in the amount of $40, 034 . The Engineer' s estimate was $53 . 369 . 65 . 5 March 5, 1996 PUBLIC WORKS The project consists of ditch excavation, box culvert cleaning, and corrugated metal pipe arch cleaning, all of which is a prerequisite to imple- menting the Valley Detention project. Funding of this project is included in the Valley Detention Project Fund (D36) . It is the recommendation of the Public Works Director that this project be awarded to Tydico for the bid amount of $40, 034 . WOODS MOVED that the Ditch Cleaning Along South 212th Street contract be awarded to Tydico Inc. for the bid amount of $40, 034 . Orr seconded and the motion carried. (CONSENT CALENDAR - ITEM 3N) Downtown Sidewalks Rehab. - Phase II. ACCEPT as complete the contract with Gary Merlino Construction for the Downtown Sidewalks Reha- bilitation Phase II project and release of retainage after State releases, as recommended by the Public Works Committee. The original contract amount was $295, 560. 25 . The final construction cost was $333 , 561. 82 . The overage is due to the addition of new trees during construction along with the purchase of a special soil mixture which will provide stability of tree roots under the sidewalks. Adequate funds exist within the project fund to cover this overage. (CONSENT CALENDAR - ITEM 3J) Titus Street Storm Rebuild. ACCEPT as complete the contract with Shoreline Construction for the construction of the Titus Street Storm Rebuild project and release of retainage after State releases, as recommended by the Public Works Director. The original contract amount was $302 , 791. 90 . The final construction cost was $324 , 162 . 94, the overage being due to additional grinding required on Titus Street to control the crown of the road and also, removal and replacement of trees. (CONSENT CALENDAR - ITEM 3K) 1995 Asphalt Overlay. ACCEPT as complete the contract with M.A. Segale, Inc. for the 1995 Asphalt Overlays project and release of retainage after State releases, as recommended by the Public Works Director. The original contract amount was $288, 823 . 30 . The final construction cost was $271, 570. 76 . 6 March 5, 1996 SEPA (PUBLIC HEARINGS - ITEM 2B) Amendments to Kent City Code Chapter 11. 02 - Environmental Review and Community Impact Mitigation (SEPA) . Orr stated that this item needs to be removed from the agenda and brought back to the next meeting, as it was advertised as Chapter 11. 02 rather than Chapter 11. 03 . ZONING CODE (CONSENT CALENDAR - ITEM 3C) AMENDMENTS Modifications to Parking Stacking Space - ZCA-96-1. ADOPTION of Ordinance No. 3279 amend- ing Kent City Code Section 15. 05. 040A. 1.c. by modifying the current parking stacking space requirement that mandates an 18-foot driveway for garages. The City Council approved this item on February 20, 1996 . (OTHER BUSINESS - ITEM 4D) Zoning Code Amendment ZCA-96-2 - Hazardous Substance Land Use Facilities Setbacks. The Interim Land Use & Planning Board has recommended amending Kent City Code Section 15. 08 . 050D. 9 . The amendment would change the setbacks for hazardous substance land use facilities by adding wording to Section 15 . 08. 050D. 9 . a. (3) to indicate that, for purposes of this section, the term "public re- creation areas" does not include public trails. ORR MOVED to approve Kent Zoning Code Amendment ZCA-96-2 changing the setbacks for hazardous substance land use facilities and to direct the City Attorney to prepare the necessary ordinance. Johnson seconded and the motion carried. COMP PLAN (OTHER BUSINESS - ITEM 4C) School Impact Fees - Amendment to the Kent Comprehensive Plan (CPA-96-1) . The Interim Land Use & Planning Board held a hearing on February 61 1996, and recommended approval of an amendment to the Kent Comprehensive Plan which would incor- porate the Kent and Federal Way School Districts' Capital Facilities Plans into the Comprehensive Plan and would establish a fee schedule to assess school impacts for single and multifamily homes, pursuant to Kent City Code Chapter 12 . 13 . ORR MOVED to adopt Ordinance No. 3281 which amends the Kent Comprehensive Plan by adopting the Capital Facilities Plans of the Kent and Federal Way School Districts as a sub-element of the Kent Capital Facilities Plans and establishes 7 March 5, 1996 COMP PLAN a base fee schedule for school impact fees as set forth in each school district' s Capital Facilities Plan. Woods seconded and the motion carried. PLANNING (CONSENT CALENDAR - ITEM 3H) DEPARTMENT Kinca County Countywide Planning Policies Amendment. ADOPTION of Resolution No. 1459 ratifying the amendments to the King County 2012 Countywide Planning Policies as outlined in King County Ordinances No. 12027 and No. 12081, and recommended by the Planning Committee. (OTHER BUSINESS - 4F) (MOVED FROM CONSENT CALENDAR ITEM 3I BY COUNCILMEMBER ORR) Amendment to Potential Annexation Area (PAA) . Planning Director Harris noted that staff from Kent had recently met with staff from the City of Renton and discussed potential annexation area boundaries in the northeast part of the city, north of the Chestnut Ridge Annexation and Panther Lake. He said the consensus among staff members was that it would be logical to change the exist- ing boundaries. He outlined on a map where the changes would be, and noted that there would be a potential deannexation in the future. He ex- plained that public meetings will be held so that citizens can look at the boundaries, and that it is possible there may be modifications after that. Upon Johnson' s question, Harris noted that the proposal is to go east only as far as Soos Creek. He added that there is an urban area east of Soos Creek, but that a community meeting would need to be held to see how the citizens feel about the area. ORR MOVED to adopt the amendments to the Potential Annexation Area as outlined in the staff memo contained in the agenda packet and presented by Mr. Harris tonight. Bennett seconded and the motion carried. (CONSENT CALENDAR - ITEM 30) GMA Concurrency ordinance..- Set Hearing Date. AUTHORIZATION to set March 19th as the Public Hearing date and for adoption of the GMA Concurrency Ordinance, as recommended by the Public Works Committee. The said ordinance addresses concurrency management associated with the transportation system as mandated by the Growth Management Act. 8 March 5, 1996 PLANNING (OTHER BUSINESS - ITEM 4E) DEPARTMENT Land Use and Planning Board Ordinance Orr removed this item and sent it to the Planning Committee meeting of March 19. She anticipates a recommendation coming to Council on the same date. TERM LIMITS (PUBLIC HEARINGS - ITEM 2A) Term Limits for Mayor and City Council This date has been set for a public hearing to receive input on an ordinance relating to establishing term limits for the Mayor and City Council Members. McFall noted that this matter comes to the Council from the Operations Committee, and that the Committee' s recommendation was only that a public hearing be held. Mayor White opened the public hearing. There were no comments from the audience. Johnson noted that the Council President has asked that the public hearing be continued so that citizens who are attending caucuses will have an opportunity to speak on this matter, and so that she can be in attendance. HE THEN MOVED to continue the matter to the meeting of March 19. Woods seconded and the motion carried. COUNCIL (CONSENT CALENDAR - ITEM 3D) Home Facsimile Machines & Phone Lines for City Council. AUTHORIZATION of a budget change to implement the purchase and installation of facsimile machines and dedicated telephone lines in City Councilmembers' homes, as well as mis- cellaneous expenses to upgrade computer software. (CONSENT CALENDAR - ITEM 3F) Council Absence. APPROVAL of an excused absence for Council President Houser from the March 5, 1996, City Council meeting, as she will be out of town and unable to attend. (OTHER BUSINESS - ITEM 4B) City Council Rules. A resolution has been pre- pared which establishes rules and procedures for the City Council, City Council meetings and Council Committee meetings. JOHNSON MOVED to adopt Resolution No. 1461 establishing rules and procedures for the City Council, City Council meetings, and Council 9 March 5, 1996 COUNCIL Committee meetings. Bennett seconded. JOHNSON THEN MOVED to amend Section 17 of Resolution 1461 by adding the phrase "in attendance at that meeting" to the end of the last sentence in that section. Bennett agreed to the amendment. JOHNSON THEN MOVED to amend Section 4 of Resolu- tion 1461 by adding the following language: "If the President Pro Tempore is absent or unavail- able, the Councilmember in attendance who has served longest, either by consecutive or non- consecutive terms, shall be deemed the Acting President of the Council. " Bennett agreed to the amendment. The motion to adopt Resolution 1461 as amended then carried. SISTER CITIES (OTHER BUSINESS - ITEM 4A) Sister City Agreement with Norway. The operations Committee has recommended that the Mayor be authorized to sign a Sister City Agreement promot- ing cooperation and exchanges to strengthen the understanding between the citizens of our cities. Mike McIntyre, President of the Kent Sister City Association, explained that Kent has Sister Cities in Kiabara Japan, Kherson Ukraine, and Yangzchou China. He noted that they work in the areas of culture, education, government, recreation and economics. He invited anyone who is interested to join the Sister City Association. McIntyre stated that he has visited Ferde, Norway, and said there is excitement in Ferde to become Sister Cities with Kent. Alana McIalwain, Chair of the Ferde group, explained that there are three communes involved in this relationship and that a resident of Ferde has visited Kent. She added that the Mayors of all three communes have been invited to visit Kent. McIalwain said the City will not be expected to spend very much money on this relationship, and noted that citizens are willing to host any visitors and that travel ex- penses would be paid by the travelers. She noted that an agreement has been drafted and urged the Council to support it. Mayor White noted that if the agreement is approved, he is planning on visiting Norway in. July. JOHNSON MOVED to authorize the Mayor to sign the Sister City Agreement with Ferde, Norway. Woods seconded and the motion carried. 10 March 5, 1996 APPOINTMENT (CONSENT CALENDAR - ITEM 3E) Appointment to Rent Library Board. CONFIRMATION of the Mayor' s appointment of Karen Jordan to serve as a member of the Kent Library Board. Ms. Jordan is a Kent resident and is employed at Top Foods on East Hill. She and her family are frequent users of the Kent Library and she is looking forward to serving on the Board. She will fill the position formerly held by Ted Ripley and her appointment will continue until 1/1/2000 . FIRE (CONSENT CALENDAR - ITEM 3G) DEPARTMENT Designation of Agent for Disaster Recovery. ADOPTION of Resolution No. 1458 designating the Fire Chief as the Applicant Agent for the reim- bursement of the City' s cost during the February flooding. In order for the City to be eligible to receive monies for response efforts to the recent flood- ing, an Application Agent must be identified. The common procedure is to have the Emergency Management Director serve that function. Items that are eligible for reimbursement are overtime and uninsured losses to City property. POLICE (CONSENT CALENDAR - ITEM 3Q) DEPARTMENT Covington Mini-Storage Lease. APPROVAL of a lease for space at Covington Mini-Storage. Residents from the Meridian Annexation Area, Charles and Judith Cramer, have generously offered to lease certain space to the City for various police purposes, at a rate that is extremely favorable to the City, 30 years at $1 . 00 per year. PARKS & (CONSENT CALENDAR - ITEM 3R) RECREATION Boating Regulations. ADOPTION of Ordinance No. 3280, as amended, relating to boating regulations. These regulations amend the City' s recently passed boating regulations to clarify water skiing regulations and to more fully describe enforcement authority for violations. Orr pointed out that page 19 , Section C, line 3 , should say " . . .not to exceed $5, 000 . . . " . FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills . APPROVAL of payment of the bills received through February 1 and paid on February 15 after auditing by the Operations Committee on February 21 , 1996 . 11 March 5, 1996 FINANCE Approval of checks issued for vouchers: Date Check Numbers Amount 2/15/96 165046-165608 $1, 426,802 . 86 Approval of checks issued for payroll for February 1 through February 15 and paid on February 20, 1996: Date Check Numbers Amount 2/20/96 Checks 209459-209795 $ 279, 250. 83 Advices 31853-32278 577 , 058 .47 $ 856, 309 . 30 REPORTS Operations Committee. Councilmember Johnson announced that the next Operations Committee meeting will be held tomorrow at 4 : 30 p.m. Planning Committee. Councilmember Orr announced that the next meeting of the Planning Committee will be held on March 19th at 4 : 00 p.m. Orr also noted that the Land Use and Planning Board will hold a meeting on March 26th at 4 : 00 p.m. to continue the discussion of whether to amend the downtown commercial zone to allow drive-through banking facilities. Administrative Reports. Operations Director McFall advised the Councilmembers that Valley Communications Center will have an open house on Saturday, March 30th, from 12 : 00 Noon to 4 : 00 p.m. He noted that Councilmembers will receive a letter from the Fire Chief, who will arrange transporta- tion from the East Hill Fire Station to Valley Com if requested. He noted that the public is also welcome to attend the open house. EXECUTIVE At 8 : 00 p.m. , McFall reminded the Council of an SESSION executive session of approximately 20 minutes to discuss potential litigation and property acquisition. The meeting reconvened at 8: 25 p.m. (Parks & WOODS MOVED to transfer necessary funds estimated Recreation) to be approximately $30, 000 from the Judgment and Damages allowance in the City' s Self-Insurance Budget in order to modify the existing netting system at the Riverbend Driving Range, and to amend the budget to authorize the transfer. Orr seconded and the motion carried. 12 March 5, 1996 (Parks & WOODS MOVED to close out the contract for the Recreation) installation of the Mill Creek Box Culverts and to issue payment for the work performed and the materials purchased. Orr seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8 : 27 p.m. �� Brenda Jacob , CMC City Cle k 13 Kent City Council Meeting Date March 19 , 1996 Category Consent Calendar 1. SUBJECT: HAZARDOUS SUBSTANCE LAND USE FACILITIES SETBACKS - ZONING CODE AMENDMENT ZCA-96-2 - eRD1-*N1e 2 . SUMMARY STATEMENT: Adoption of Ordinance No. ,2,�5 changing setbacks for hazardous substance land use facilities and adding new language }^ to indicate that for purposes of this section the term "public recreation areas" does not include public trails . u I,.tr7 1 Gv'�e � fcl�,�a n"u 3 . EXHIBITS: Ordinance and City Council minutes of 3/5/96 4 . RECOMMENDED BY: City Council (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: _- 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3C March 5, 1996 SEPA (PUBLIC HEARINGS - ITEM 2B) Amendments to Kent City Code Chapter 11. 02 - Environmental Review and Community Impact Mitigation (SEPA) . Orr stated that this item needs to be removed from the agenda and brought back to the next meeting, as it was advertised as Chapter 11. 02 rather than Chapter 11. 03 . ZONING CODE (CONSENT CALENDAR - ITEM 3C) AMENDMENTS Modifications to Parking Stacking Space - ZCA-96-1. ADOPTION of Ordinance No. 3279 amend- ing Kent City Code Section 15. 05. 040A. 1.c. by modifying the current parking stacking space requirement that mandates an 18-foot driveway for garages. The City Council approved this item on February 20, 1996. (OTHER BUSINESS - ITEM 4D) Zoning Code Amendment ZCA-96-2 - Hazardous Substance Land Use Facilities Setbacks. The Interim Land Use & Planning Board has recommended amending Kent City Code Section 15. 08 . 050D. 9 . The amendment would change the setbacks for hazardous substance land use facilities by adding wording to Section 15. 08. 050D. 9 .a. (3) to indicate that, for purposes of this section, the term "public re- creation areas" does not include public trails. ORR MOVED to approve Kent Zoning Code Amendment ZCA-96-2 changing the setbacks for hazardous substance land use facilities and to direct the City Attorney to prepare the necessary ordinance. Johnson seconded and the motion carried. COMP PLAN (OTHER BUSINESS - ITEM 4C) School Impact Fees - Amendment to the Kent Comprehensive Plan (CPA-96-1) . The Interim Land Use & Planning Board held a hearing on February 6 , 1996, and recommended approval of an amendment to the Kent Comprehensive Plan which would incor- porate the Kent and Federal Way School Districts ' Capital Facilities Plans into the Comprehensive Plan and would establish a fee schedule to assess school impacts for single and multifamily homes, pursuant to Kent City Code Chapter 12 . 13 . ORR MOVED to adopt Ordinance No. 3281 which amends the Kent Comprehensive Plan by adopting the Capital Facilities Plans of the Kent and Federal Way School Districts as a sub-element of the Kent Capital Facilities Plans and establishes 7 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, regarding zoning setback requirements for Hazardous Substance Land Uses and amending Kent City Code Section 15 . 08 . 050 (D) (9) �16) (3 ) . WHEREAS, the City allows hazardous substances land uses outright in the M2 (Limited Industrial) and M3 (General Industrial) zoning districts ; and WHEREAS, a portion of the Interurban Trail runs through the center of the M2 and M3 industrial districts; and WHEREAS, the setback restriction for hazardous substance land uses from "public recreation areas" is 1/4 mile resulting in a portion of the Interurban Trail being inaccessible in the absence of a variance ; and WHEREAS, the City has consistently granted variances for hazardous substance land uses in the M2 and M3 industrial districts; and WHEREAS, the City has been able to address any 1 , environmental impacts associated with the hazardous substance { land uses in the M2 and M3 industrial districts through the SEPF H process; and I� I WHEREAS, the requirement for a variance from the 1/4 mile setback restriction is impractical given the Interurban i' ;lTrail ' s course through the M2 and M3 industrial districts; NOW, i� �� THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES ' HEREBY ORDAIN AS FOLLOWS : i SECTION 1 . Section 15 . 08 . 050 (D) (9) (1) (3) of the Kent City i : Code is hereby amended as follows : 9 . Hazardous substances or wastes. No release of hazardous j,� substances or wastes as can contaminate any water supply, ;i ; interfere with bacterial processes in sewage treatment or .- otherwise cause the emission of dangerous or offensive elements ' shall be permitted at any point into any public sewer, private ( sewage disposal system, watercourse or water body, or the ground, '. except in accordance with standards approved by the state department of ecology or other appropriate state or federal. ' agency. The relevant provisions of federal , state and local. laws land regulations shall apply, and compliance shall be certified by applicants for permits under this title . The following site i development standards shall apply : a . Hazardous waste facilities shall meet the location standards for siting dangerous waste management i 2 i, i{ �i facilities adopted pursuant to RCW ch. 70 . 105 ; b . Hazardous substance land use facilities shall be located at least : !i (1) Two hundred (2.00) feet from unstable soils or slopes which are delineated on the hazard 'I area development limitations map or as may be more precisely determined per subsection 15 . 08 . 224 B . ; (2) Two hundred (200) feet from the ordinary high-water mark of major or minor streams or lakes which are delineated on the hazard area development Imitations map or as may be more precisely determined per subsection 15 . 08 . 224 B . , shorelines of statewide significance, or shorelines of the state; 'i (3) One-quarter mile from public parks, public recreation areas or natural preserves, or state or federal wildlife refuges , irovided that for purposes of this section public recreation areas does not include public trails ; (4) Fifty (50 feet from any property line to serve as an onsite hazardous substance land use facility buffer zone; ' 3 II (5) Five hundred (500) feet and one hundred (100) ;i I feet from a residential zone and a residential unit respectively; and (6) Five hundred (500) feet from a public gathering place or agricultural land or zone, in the case cf a nonagricultural hazardous !I substance land use facility; i' SECTION 2. If any one or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect . SECTION 3 . This Ordinance shall take effect and be in �i force thirty (30) days from and after its passage, approval_ and publication as provided by law. JIM WHITE, MAYOR ATTEST : BRENDA JACOBER, CITY CLERK 4 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1996 . APPROVED day of 1996 . PUBLISHED day of _ 1996 . 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 '7Z-V� Kent City Council Meeting Date March 19 , 1996 Category Consent Calendar 1. SUBJECT: MACK PRELIMINARY PLAT #SU-95-2 SET 2 . SUMMARY STATEMENT: Authorization to set April 2 , 1996, as the date for a public meeting to consider the Hearing Examiner's recommendation of approval with conditions for a preliminary plat application by Baima & Holmberg, Inc. The property is located at 11047 SE 264th Street in Kent. 3 . EXHIBITS• None 4 . RECOMMENDED BY: Planning Department (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCALfPERSONNEL IMPACT: NO YES_ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: .ACTION: Council Agenda Item No. 3D TZ�J5 Kent City Council Meeting Date March 19 , 1996 Category Consent Calendar 1. SUBJECT: BENSON HIGHLANDS PRELIMINARY PLAT SU-95-10 -- 5-£- .MEET=--D=* 2 . SUMMARY STATEMENT: Authorization to set April 2 , 1996, as the date for a public meeting to consider the Hearing Examiner' s recommendation of approval with conditions for a preliminary plat application { - 95-18} by Baima & Holmberg, Inc. The property is located at 11208 SE 244th Street in Kent. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Planning Department (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ _. SOURCE OF FUNDS: _.._ 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3E Kent City Council Meeting Date March 19 . 1996 Category Consent Calendar 1. SUBJECT: INTERNATIONAL TRADE/FOREIGN RELATIONS - ZE&GLUg eN- 2 . SUMMARY STATEMENT: Adoption of Resolution No AOI relating to international trade and foreign relations programs entered into by the City. This resolution will require all international trade or foreign relations programs entered into by the City which incur financial obligations that have not been specifically approved, budgeted, and appropriated, to first be approved by the City Council. 3 . EXHIBITS: Proposed resolution 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES_ 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• -- ACTION• -- Council Agenda Item No. 3F RESOLUTION NO . A RESOLUTION of the City Council of the City of Kent , Washington, relating to international trade and foreign relations programs entered into by the City. WHEREAS, the development. of international trade and foreign relations programs is an important aspect of community growth that provides fo7 the exchange of ideas, skills, education, culture and economic opportunities resulting in substantial benefits to the city; and WHEREAS, the City Council encourages the development of international trade and foreign relations programs with other countries but desires to ensure that the expectations of these programs can be met financially, educationally and otherwise; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS : 1 SECTION 1 : Any international trade or foreign relations program entered into by the city that causes the city to incur financial obligations that have not been specifically approved, budgeted and appropriated, must first be approved by the City Council . 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 2 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No . passed by the City Council of the City of Kent, Washington, the day of 1996 . (SEAL) BRENDA JACOBER, CITY CLERK forexch. res 3 Kent City Council Meeting Date March 19 , 1996 Category Consent Calendar 1. SUBJECT: MEEKER STREET SIDEWALK PROJECT - TRANSFER OF FUNDS 2 .' SUMMARY STATEMENT* I This project is an on-going sidewalk repair program to replace damaged sidewalks in the downtown area. The estimated total cost for this work is $500, 000 which includes all of the sidewalk replacement, tree replacement, tree grates and provisions for future new street lighting. The available monies in various budgets associated with this project $425, 000. was been recommended by the Public Works Committee. to A�Uthorizd6ilprtransfer -&@ $75, 000 from the East Valley Highway (192nd/180th) project (R68) to the Sidewalk Fund (R33) to allow this work to be built as one project in 1996. 3 . EXHIBITS: Public Works Committee minutes and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (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. 3G (� Meeker Street Sidewalk Project Wickstrom said that we will have the bid opening on this project on Monday, March 18th. He said our estimate for Meeker St from 4th to 2nd Avenues is $500,000. This includes rebuilding all the sidewalks, replacing trees, installing tree grates and installing the future foundations and footings for street lights similar to those on 1st, We have about $425,000 including miscellaneous drainage improvement funds; we are $75,000 short. We have left-over funds in the East Valley Highway project which we would like to transfer into this project. He said the property owners and businesses want this project constructed at this time of the year Committee unanimously recommended that Council authorize the transfer of$75,000 from Fund (R68) to Fund (R33) for the Meeker Street Sidewalk project. Don noted that this bid opening will be on Monday, the 18th and will be on the Council agenda for award on Tuesday, the 19th. The construction should be completed by the end of May. Central Puget Sound Public Transportation Account Grant Wickstrom stated that we received a grant from METRO. This is a $120,000 project which involves placing and rebuilding bus stops in accordance with ADA, in various locations throughout the City. The Transit Advisory Board will determine which ones we will address. He said that at this time, we need to accept the grant, and execute the agreement. Committee unanimously recommended that upon the City Attorney concurring with the language, authorize the Mayor to sign the Metro agreement, accept the grant and establish a budget for same. Street Vacation - Southeast 266th Street Wickstrom stated that this is a vacation in the Meridian Annexation area for a "paper" street. He noted that this is standard practice in that we have received a legitimate petition signed by 75% of the fronting property owners; we have brought it to this Committee to set a Public Hearing. Wickstrom noted that the only issue here is that there is a piece of wetland that is included in the street right of way which is part of a regional detention pond which we will address when we address the condition of the vacation. Committee unanimously recommended adopting a Resolution setting the hearing date for the SE 266 St. street vacation. James St/S. 212th Street Overlaya Wickstrom stated that this is before the Committee because the project is 10% over the contract cost. He explained that this project exceeds the bid amount because the project involved overlaying and reconstructing S. 212th St from the Green River Bridge to 42nd Avenue and James St., from 2 West Valley Highway to Kennebeck. On S. 212th there was a portion that we did not include in the contract where we had all that settlement and reconstruction on the corner. Rather than advertising for separate bids, since this original overlay contract was carried thru the winter, we added it to the original contract as a Change Order and the contractor completed the whole project. Wickstrom said that we did the same thing with the RJC area; we had the separate contract to widen and install a bike lane. Again, because the overlay contract was already bid, we had it done in one piece. Committee unanimously recommended that the James St./S. 212th Street Overlay project be accepted as complete. LID 345 - S. 218th Street Wickstrom stated that this is more of an information item for the Committee with no action required. We are following the LID procedure steps. We are proposing to be out to bid on March 26th; we want to close the LID before we award the contract. He said that this will be on the agenda as a Public Hearing item on April 16th for the final assessment roll. Roadway Improvements on Canyon Drive & Benson Highwav (DOT Agreement] Wickstrom said that the state is going to overlay Canyon Dr. from Jason to Benson and portions of SR 516 thru the City. Under the State Transportation rules, we are required to pay for the traffic buttoning. The State has already awarded the contract and they are pressuring us to get this agreement signed. However in developing their contract, they did not do want we had wanted as part of their contract so we are not ready to sign. Wickstrom said that because they have awarded the project, we are asking for authorization for the Mayor to execute the agreement subject to mine and the City Attorney's concurrence. The cost for this is about $65,000 which we will take out of our annual asphalt overlay program. Committee unanimously recommended authorization for the Mayor to sign the DOT agreement, subject to approval of the Public Works Director and City Attorney for striping and pavement markings on Canyon Drive & Benson Highway. Special Collection/RecyclingEvents - Grant Wickstrom said that we provide two city-wide household hazardous waste collection and recycling events and they are paid for by Seattle King County Health Dept. We have received a grant for those events and we need authorization for the Mayor to sign the Memorandum of Understanding, accept the grant and establish a budget. Committee unanimously recommended authorization for the Mayor to sign the Memorandum of Understanding, accept the grant for S 14,088 and establish a budget. Concurrency Ordinance - Amendment 3 DEPARTMENT OF PUBLIC WORKS MARCH 13, 1996 TO: Public Works Committee FROM: Don Wickstrom ok6 RE: Meeker Street Sidewalk Project The City has an ongoing sidewalk repair program to replace damaged sidewalks which may cause trip and fall accidents and thus pose a liability. Meeker Street, from 2nd Avenue to 4th Avenue is scheduled for sidewalk repair this year. The sidewalk cracking and heaving is primarily due to the Sweetgum trees planted several decades ago. We have hired a landscape consultant who has recommended that all of the trees at this location be replaced with alternate varieties similar to what was accomplished in 1995 on 1 st Avenue and Harrison Street. Staff and the Kent Downtown Partnership have met with business owners along the affected portion of Meeker Street and have developed a replacement plan for this area and scheduled starting this Spring, which everyone has agreed upon. The estimated total cost for this work is $500,000 which includes all of the sidewalk replacement, tree replacement, tree grates and provisions for future new street lighting. The available monies in various budgets associated with this project is, however, $425,000. Authorization is requested to allocate $75,000 from left over funds within the East Valley Highway (192nd/l 80t1i) project (R68) to the Sidewalk Fund (R33) to allow this work to be built as one project in 1996. ACTION: Recommend that Council authorize the transfer of $75,000 from Fund (R68) to Fund (R33) for the Meeker Street Sidewalk project. M770 T p5 Kent City council Meeting Date March 19 , 1996 Category Consent Calendar 1. SUBJECT: METRO AGREEMENT - BUS STOPS (ADA) 'TIM' 2 . SUMMARY STATEMENT: �As recommended by the Public Works Committee, and upo e City Attorney' s concurrence with the language, �iuthoriz e Mayor to sign an agreement with Metro and direcA41aff accept the grant of $26, 000 and establish a budget for same.lL The purpose of this agreement ist°mak%" ADA (American with Disabilities Act) Bus-Zone improvements at a number of locations throughout Kent. 3 . EXHIBITS: Public Works Committee minutes and Public Works Director memorandum 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. 3H Meeker Street Sidewalk Project Wickstrom said that we will have the bid opening on this project on Monday, March 18th. He said our estimate for Meeker St from 4th to 2nd Avenues is $500,000. This includes rebuilding all the sidewalks, replacing trees, installing tree grates and installing the future foundations and footings for street lights similar to those on 1st, We have about $425,000 including miscellaneous drainage improvement funds; we are $75,000 short. We have left-over funds in the East Valley Highway project which we would like to transfer into this project. He said the property owners and businesses want this project constructed at this time of the year. Committee unanimously recommended that Council authorize the transfer of$75,000 from Fund (R68) to Fund (R33) for the Meeker Street Sidewalk project. Don noted that this bid opening will be on Monday, the 18th and will be on the Council agenda for award on Tuesday, the 19th. The construction should be completed by the end of May. Central Puget Sound Public Transportation Account Grant Wickstrom stated that we received a grant from METRO. This is a $120,000 project which involves placing and rebuilding bus stops in accordance with ADA, in various locations throughout the City. The Transit Advisory Board will determine which ones we will address. He said that at this time, we need to accept the grant, and execute the agreement. Committee unanimously recommended that upon the City Attorney concurring with the language, authorize the Mayor to sign the Metro agreement, accept the grant and establish a budget for same. Street Vacation - Southeast 266th Street Wickstrom stated that this is a vacation in the Meridian Annexation area for a "paper" street. He noted that this is standard practice in that we have received a legitimate petition signed by 75% of the fronting property owners; we have brought it to this Committee to set a Public Hearing. Wickstrom noted that the only issue here is that there is a piece of wetland that is included in the street right of way which is part of a regional detention pond which we will address when we address the condition of the vacation. Committee unanimously recommended adopting a Resolution setting the hearing date for the SE 266 St. street vacation. James St/S. 212th Street Overlays Wickstrom stated that this is before the Committee because the project is 10% over the contract cost. He explained that this project exceeds the bid amount because the project involved overlaying and reconstructing S. 212th St from the Green River Bridge to 42nd Avenue and James St., from DEPARTMENT OF PUBLIC WORKS March 13, 1996 TO: Public Works Committee FROM: Don Wickstrom 0 RE: Central Puget Sound Public Transportation Account Grant The Public Works Department is requesting authorization for the Mayor to sign an agreement with Metro for the purpose of making ADA (Americans with Disabilities Act) Bus-Zone improvements at a number of locations throughout Kent. This agreement is currently being reviewed by the City Attorney. Last year the City applied for and received a grant to work.with Metro to construct pedestrian walkway improvements and improve access to bus-zones in Kent. Specifically, the proposal consisted of two categories of projects. The first category related to retrofitting existing walkways at key bus stop locations with pedestrian ramps to meet the requirements of the Americans with Disabilities Act. The second category included the construction and rehabilitation of several pedestrian walkways. Both City and Metro staff are working with the Kent Transit Advisory Board to establish a list of priority locations for this project. The total project cost is $120,000 of which S 13,000 is Kent match, $26,000 is Metro match and $81,000 is CPSPTA grant funds. Our match is coming out of the Downtown Transit Fund for which we had anticipated this expenditure. ACTION: Upon the City Attorney concurring with the language, recommend authorizing the Mayor to sign the Metro agreement, accept the grant and establish a budget for same. M769 fU Kent City Council Meeting Date March 19 , 1996 Category Consent Calendar 1. SUBJECT: STREET VACATION - SE 266TH I-NG- 2 . SUMMARY STATEMENT: Adoption of Resolution No. 4_ 3 setting May 7, 1996, as the hearing date on the S.E. 266th Street Vacation, as recommended by the Public Works Department. The Public Works Department has received a request for a street vacation from George B. Webb. 3 . EXHIBITS: Public Works minutes, Public Works memorandum, vicinity map and resolution 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 Meeker Street Sidewalk Project Wickstrom said that we will have the bid opening on this project on Monday, March 18th. He said our estimate for Meeker St from 4th to 2nd Avenues is $500,000. This includes rebuilding all the sidewalks, replacing trees, installing tree grates and installing the future foundations and footings for street lights similar to those on 1st, We have about $425,000 including miscellaneous drainage improvement funds; we are $75,000 short. We have left-over funds in the East Valley Highway project which we would like to transfer into this project. He said the property owners and businesses want this project constructed at this time of the year. Committee unanimously recommended that Council authorize the transfer of$75,000 from Fund (R68) to Fund (R33) for the Meeker Street Sidewalk project. Don noted that this bid opening will be on Monday, the 1 Sth and will be on the Council agenda for award on Tuesday, the 19th. The construction should be completed by the end of May. Central Puget Sound Public Transportation Account Grant Wickstrom stated that we received a grant from METRO. This is a $120,000 project which involves placing and rebuilding bus stops in accordance with ADA, in various locations throughout the City. The Transit Advisory Board will determine which ones we will address. He said that at this time, we need to accept the grant, and execute the agreement. Committee unanimously recommended that upon the City Attorney concurring with the language, authorize the Mayor to sign the Metro agreement, accept the grant and establish a budget for same. (� Street Vacation - Southeast 266th Street Wickstrom stated that this is a vacation in the Meridian Annexation area for a "paper" street. He noted that this is standard practice in that we have received a legitimate petition signed by 75% of the fronting property owners; we have brought it to this Committee to set a Public Hearing. Wickstrom noted that the only issue here is that there is a piece of wetland that is included in the street right of way which is part of a regional detention pond which we will address when we address the condition of the vacation. Committee unanimously recommended adopting a Resolution setting the hearing date for the SE 266 St. street vacation. James St/S. 212th Street Overlays Wickstrom stated that this is before the Committee because the project is 10% over the contract cost. He explained that this project exceeds the bid amount because the project involved overlaying and reconstructing S. 212th St from the Green River Bridge to 42nd Avenue and James St., from 2 DEPARTMENT OF PUBLIC WORKS MARCH 13, 1996 TO: Public Works Committee FROM: Don Wickstrom N RE: Street Vacation - Southeast 266th Street We have received a valid petition to vacate a portion of Southeast 266th Street, east of 128th Avenue Southeast. 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 Resolution # to set the hearing date for the SE 266th St. street vacation. / 1 •� m' 5E 247T H,5\ sue` MEfT IOIFIN PWZ L. 48TH IT "se zv'Sri7i. o -- N N ql "V 2 5E 2 240 F' �pL SE 2515T ST W 250iH ST ` 5E 2�H( _ _� 251Si PL, 25I ST PL252N0PL F 252N0 PL � SE 252ND $T¢ —� s=ST N� N\254TH 5 \ � ry254TH PL ty' 921- m 1 PL<A i II y -'I I 255.Ltll PL f� w SE 256 T11 T.PL ZU PL 2,5h. IL \ w: �~ �`:257TH m 256TH S JL7 %(2r •`\ 5T /n PL vwi ' 2S8i 1-� c ��� SE 258TH �i 57`, 2577M CT SE 258TH 258TH F; rn._ �•_.__._. 258T .r •\• :{ I m ml �. �N_ �� c. ^__ `2E8 TH ST ST �h,�p7 f.¢ 5T� -�\258 L 2m 259TH 4,7 ST ' �l !:" PL 2i' \ 1�5E'P� SE zs5T^ n r SE'"260TH PL zl a m� �j 26a TH \ �� c; '( C`jN\[2/6, Cj 25��T .�\ �N o2� SE 2615T wi �S3 �T 262 PL �'• �`�/'9 131 ,v �, ¢ S y 264TM PL\ r� 264 TH ST D k� "' Z�-ST � F 263 PL SE 263 PL � \ _ ��f SE 264TH ST 1 ��• Tom-._ x �. 4" —..�__�.... _ '� T \ 264 t 265 P 4l !i'Gi " iu \ T• w � 265 PL �6 4T u" � � � � 5E 285 5T a A an > m 'SE 26 TH 6T 266 -' t ' I _ x� ¢' 657 SE 266 TH 5T \ i� SE 267 \• .. �. m > ml> , a. PL CT 1. Ni _ __. ¢ ¢ 267 PL SE 268 \•, SE 268TM ST m' mi 1 .268TH ST SE 268TH 5T r '� By .\ ROWSN PROJECT LOCATION SE - 270TH ST E ,�',� ~� � �'_'.• T�\ y 270TH ST SE 270 ST m v '-' m '- jt\\ ♦?�'l � im ST cn SE 272N0 ST SE 272NO PL (—'-�-- - ^_' '\ �. SE 272ND ST a --- —IT � >( w�� 272110 5T �i >�274 � mI m ST�� �I Y 0 W w � 27380 PL L '. JE; p 273R ¢ ¢ -1'-''_^�_____. 2` Zvi,. Iry 213�;� '^ t x 275 ST 'SE 4 �••'' t 5 r � m _ w� 274TH ST ST =1 = i SEyI 276TH 5T I 1 ... ^� c. (:,', 274 C N! 274r-v 'L 27EIH ST `•• 8E 276TH a -� =r 276TH PL__ 1� 2�fiTH x _ 9 SE 4 --\ 2777H PL In � " 277Tll PL li v" 278�a' e .•or _5E'27 Thl 1 ST_ CT I 179 SE 2807M ST \ , CT —�9fPC •\ I n IPA SE 280TH 5T �I Nrzgo� W __...a -,SE 282N0 sT i�\"�``; � 5E zezr+n sT , SOUTHEAST 266TH STREET VACATION [n r __ . m RESOLUTION NO. A RESOLUTION of the City of Kent , Washington, regarding the vacation of a portion of SE 266th St . , a dedicated, unopened public street, lying east of 128th Ave . SE . in the City of Kent, and setting the public hearing on the proposed street vacation for May 7, 1996 . WHEREAS, a petition has been filed by various property owners to vacate a portion of SE 266th Street, a dedicated, unopened public street , lying east of 128th Avenue SE in the City of Kent , King County, Washington; and WHEREAS, these property owners own at least two-thirds of the property abutting that portion of SE 266th Street that is now being sought to be vacated; and WHEREAS, the petition is in al.] 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 SE 266th Street shall be held at a regular meeting of the Kent City Council at 7 : 00 1 p .m. , Tuesday, May 7 , 1996 , in the Council Chambers of City Hall located at 220 4th Avenue South, Kent , Washington, 98032 . Section 2 . The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by law. Section 3 . The Planning Director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropr.-iate departments and shall transmit information to the Council so that the. Council may consider the matter at its regularly scheduled meeting on May 7, 1996 . Passed at a regular meeting of the City Council of the City of Kent , Washington this day of 1996 . Concurred in by the Maycr of the City of Kent , Washington, this day of , 1996 . JIM WHITE, MAYOR ATTEST : BRENDA JACOBER, CITY CLERK 2 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. , passed by the City Council of the City of Kent , Washington, the :Jay of 1996 . (SEAL) BRENDA JACOBER, CITY CLERK STVAC#ll.res 3 C IlY OF 7.s�k1-- 2�' II11 L7V L7 � .1:1 � D I) 6 1996 ' CITY OF KENT CITY CLERK MAIL TO: APPLICANT: CITY OF KENT NAME: I �r Property Management / 220 So. 4th Ave. Address: Z�SZ`¢ 125'Tlgve,S.c. Kent WA 98032 Attn: -Terr Phone: la>Q-S6 ZO 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 z66 , St hereby be vacated. (General Location) F�sf o-F 12��Ave.S.�. Legal description (Must Contain 'Total Square Feet of Area Sought To Be Vacated) BRIEF -- STATEMENT WHY VACATION IS BEING SOUGHT L}IIc Gje2. �� ecxe / 64ee-7, 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 It SZGNATUR AND ADDRESSES LOT, BLOCK & PLAT/SEC. TWN. RG 7 T��/� F �jE1Or B, V✓r�b/�r y6. 7,q C nl i� . li �r,I'rlua. L, tUe,Gb /!P-,t._ld.�- �I�n3/ Z'S'ZaoS-`lozy--oc 02, FYe� �nl. per �r�T*cUAs1P 98ovz z`,�zzoS-RozS-o7 �— -- / col Mun Ich Iz 5'z ate. u,s .r; LoA 1 &e)3/ Z47��05 `TZ�}5-03 $150.00 Fee Paid YSD. c9 Treasurer's Receipt No. Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Treasurer's Receipt No. Deed Accepted Date__- __ _. _ Trade Accepted Date_ _ i DO 5224-33A ■ MAR /1 1996 OF KENI TRFASI 1FlY 220 41h AVE.SO.. /KENT.WASHING TON 99032-5995/ENGINEERING (206)659 3383 1 OPERATIONS(206)659 3395/FAX k 859 3334 f STREET VACATION APPLICATION cont'd. - S.E. 266th Street ® @ g e D 6 1996 Legal description: CITY OF KENT CITY CLERK That portion of S.E. 266th Street lying within the West 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 28 Township 22 Range 05, King County, Washington, except that portion, if any, lying within 128th Ave. S.E. The total area to be vacated is approximately 29,670 square feet: Property No. 282205-9024-00 = 8,610 square feet (30 feet by 287 feet). Property No. 282205-9245-03 = 6,860 square feet (20 feet by 343 feet). Property No. 282205-9025-09 = 13,200 square feet (20 feet by 660 feet). Why Vacation is being sought: This vacation is desired so that the 30 feet of right-of-way adjacent to the Webb's property (No. 282205-9024) may be returned to the.Webb's to provide a buffer area between the Webb house and the south property line that can be used for gardening and other uses. This will move the property line 30 feet south to the approximate location of an existing fence. Another benefit of this vacation is that the future S.E. 266th St. would no longer have to cross the Meridian Meadows Wetlands and Stormwater Storage Pond, nor the salmonoid stream that flows into it. This would avoid disturbing the wetlands and stream with future road construction. Further, the traffic volume in the Meridian Meadows subdivision area (127th Ave.S.E. --- 128th Ave.S.E.) does not support the need for a future road connection between 12M Ave.S.E. and 132nd Ave.S.E. Access to properties north of the wetlands and S.E. 266th St. is from 128th Ave.S.E. and S.E. 265th St. If required to provide access to undeveloped property east of the wetlands and stream, S.E. 266th St. could still be extended west from 132nd Ave.S.E. The vacation is for the road right-of-way, however, the City of Kent will maintain an easement through the above vacated property for any future utility access such as sewer, water, natural gas, or underground electricity, telephone or cable. �.. 35 3nv ON ZCI Ln `1-1996 - 00 CITY Oft" KENT (U t I CI aERK i � 3 I SN I � 1 I � d- 0 a W � tL90bZ6018 —06019G dS JH O V/ ) sr3V 9AV'HL aZI• , • m Z Q z F� r � •........2 U I . ro - SS 3nv H1 LZI' t. -\ •_ , / Iyl O' y s P ,.•= 101_ _ s y O O ^ 1 N`_ `�_:�y ./' ,-TC i 7 Kent City Council Meeting Date March 19 . 1996 Category Consent Calendar 1. SUBJECT: JAMES ST. /S. 212TH OVERLAYS 2 . SUMMARY STA E_ MENT: As recommended by the Public Works Committee, ccept as completes,the contract with M.A. Segale, Inc. for the James Street/S. 2t2th St. Overlays and release of retainage after State releases.k- The original contract amount was $554, 102 . 27. The final construction cost was $620, 029. 92 . The overage on this project is due to additional overlay work on S. 212th between 42nd AveAO-and 700 feet east theren and on James Street per the widening work associated with the King County Regional Justice Center. In addition, some sidewalks and curb and gutter repair work along James Street were added. 3 . EXHIBITS: Public Works minutes and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALJPERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: _. ACTION: Council Agenda Item No. 3J Meeker Street Sidewalk Proiect Wickstrom said that we will have the bid opening on this project on Monday, March 18th. He said our estimate for Meeker St from 4th to 2nd Avenues is $500,000. This includes rebuilding all the sidewalks, replacing trees, installing tree grates and installing the future foundations and footings for street lights similar to those on 1st, We have about $425,000 including miscellaneous drainage improvement funds; we are $75,000 short. We have left-over funds in the East Valley Highway project which we would like to transfer into this project. He said the property owners and businesses want this project constructed at this time of the year. Committee unanimously recommended that Council authorize the transfer of$75,000 from Fund (R68) to Fund (R33) for the Meeker Street Sidewalk project. Don noted that this bid opening will be on Monday, the 18th and will be on the Council agenda for award on Tuesday, the 19th. The construction should be completed by the end of May. Central Puget Sound Public Transportation Account Grant Wickstrom stated that we received a grant from METRO This is a $120,000 project which involves placing and rebuilding bus stops in accordance with ADA, in various locations throughout the City. The Transit Advisory Board will determine which ones we will address. He said that at this time, we need to accept the grant, and execute the agreement. Committee unanimously recommended that upon the City Attorney concurring with the language, authorize the Mayor to sign the Metro agreement, accept the grant and establish a budget for same. Street Vacation - Southeast 266th Street Wickstrom stated that this is a vacation in the Meridian Annexation area for a "paper" street. He noted that this is standard practice in that we have received a legitimate petition signed by 75% of the fronting property owners; we have brought it to this Committee to set a Public Hearing. Wickstrom noted that the only issue here is that there is a piece of wetland that is included in the street right of way which is part of a regional detention pond which we will address when we address the condition of the vacation. Committee unanimously recommended adopting a Resolution setting the hearing date for the SE 266 St. street vacation. James St/S. 212th Street Overlay "`yyy Wickstrom stated that this is before the Committee because the project is 10% over the contract cost. He explained that this project exceeds the bid amount because the project involved overlaying and reconstructing S. 212th St from the Green River Bridge to 42nd Avenue and James St., from 2 West Valley Highway to Kennebeck. On S. 212th there was a portion that we did not include in the contract where we had all that settlement and reconstruction on the corner. Rather than advertising for separate bids, since this original overlay contract was carried thru the winter, we added it to the original contract as a Change Order and the contractor completed the whole project. Wickstrom said that we did the same thing with the RJC area; we had the separate contract to widen and install a bike lane. Again, because the overlay contract was already bid, we had it done in one piece. Committee unanimously recommended that the James St./S. 212th Street Overlay project be accepted as complete. LID 345 - S. 218th Street Wickstrom stated that this is more of an information item for the Committee with no action required. We are following the LID procedure steps. We are proposing to be out to bid on March 26th; we want to close the LID before we award the contract. He said that this will be on the agenda as a Public Hearing item on April 16th for the final assessment roll. Roadway Improvements on Canyon Drive & Benson Highway(DOT Agreement) Wickstrom said that the state is going to overlay Canyon Dr. from Jason to Benson and portions of SR 516 thru the City. Under the State Transportation rules, we are required to pay for the traffic buttoning. The State has already awarded the contract and they are pressuring us to get this agreement signed. However in developing their contract, they did not do want we had wanted as part of their contract so we are not ready to sign. Wickstrom said that because they have awarded the project, we are asking for authorization for the Mayor to execute the agreement subject to mine and the City Attorney's concurrence. The cost for this is about $65,000 which we will take out of our annual asphalt overlay program. Committee unanimously recommended authorization for the Mayor to sign the DOT agreement, subject to approval of the Public Works Director and City Attorney for striping and pavement markings on Canyon Drive &Benson Highway. Special Collection/Recycling Events - Grant Wickstrom said that we provide two city-wide household hazardous waste collection and recycling events and they are paid for by Seattle King County Health Dept. We have received a grant for those events and we need authorization for the Mayor to sign the Memorandum of Understanding, accept the grant and establish a budget. Committee unanimously recommended authorization for the Mayor to sign the Memorandum of Understanding, accept the grant for $14,088 and establish a budget. Concurrence Ordinance - Amendment 3 DEPARTMENT OF PUBLIC WORKS MARCH 13, 1996 TO: Public Works Committee FROM: Don Wickstrom(t�o RE: James Street/S. 212th Street Overlays This project consisted of asphalt overlaying James Street from West Valley Highway to ICennebeck Avenue and S. 212th Street from the Green River Bridge to 700 feet east of 42nd Avenue. The contract was awarded to M. A. Segale, Inc. for the bid amount of $554,102.27. The final construction cost was $620,029.92. This contract exceeded the bid amount due to additional overlay work. on S. 212th Street between 42nd Avenue and 700 feet east thereof and on James Street, per the widening work associated with the King County Regional Justice Center. In addition thereto, we added some sidewalks and curb and gutter repair work on James Street. The additional overlay work was budgeted separately and anticipated to be bid as a separate contract. However, when the completion of the James Street/S. 212th Street Overlay project got extended into the following year, it was thought best to include said work therein as a Change Order in order to eiid up with a better product. Adequate funds exist Aithin the project fund to cover all the expenses. ACTION: Recommend the James St/5.212th Street Overlay project be accepted as complete. TC43 Kent City Council Meeting Date March 19 , 1996 Category Consent Calendar 1. SUBJECT: LID 345 - S. 218TH STREET IMPROVEMENTS (EAST VALLEY HIGHWAY TO SR 167) -- SET- 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, thorization to. set April 16th as the Public Hearing date to adopt the ord4nance establishing the Final Assessment Roll for LID 345.., 3 . EXHIBITS: Public Works minutes and Public Works Director memorandum 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. 3K West Valley Highway to Kennebeck. On S. 212th there was a portion that we did not include in the contract where we had all that settlement and reconstruction on the corner. Rather than advertising for separate bids, since this original overlay contract was carried thru the winter, we added it to the original contract as a Change Order and the contractor completed the whole project. Wickstrom said that we did the same thing with the RJC area; we had the separate contract to widen and install a bike lane. Again, because the overlay contract was already bid, we had it done in one piece. Committee unanimously recommended that the James SUS. 212th Street Overlay project be accepted as complete. LID 345 - S. 218th Street Wickstrom stated that this is more of an information item for the Committee with no action required. We are following the LID procedure steps. We are proposing to be out to bid on March 26th; we want to close the LID before we award the contract. He said that this will be on the agenda as a Public Hearing item on April 16th for the final assessment roll. Roadway Improvements on Canyon Drive & Benson Highway (DOT Agreement) Wickstrom said that the state is going to overlay Canyon Dr. from Jason to Benson and portions of SR 516 thru the City. Under the State Transportation rules, we are required to pay for the traffic buttoning. The State has already awarded the contract and they are pressuring us to get this agreement signed. However in developing their contract, they did not do want we had wanted as part of their contract so we are not ready to sign. Wickstrom said that because they have awarded the project, we are asking for authorization for the Mayor to execute the agreement subject to mine and the City Attorney's concurrence. The cost for this is about $65,000 which we will take out of our annual asphalt overlay program. Committee unanimously recommended authorization for the Mayor to sign the DOT agreement, subject to approval of the Public Works Director and City Attorney for striping and pavement markings on Canyon Drive & Benson Highway. Special Collection/Recycling Events - Grant Wickstrom said that we provide two city-wide household hazardous waste collection and recycling events and they are paid for by Seattle King County Health Dept. We have received a grant for those events and we need authorization for the Mayor to sign the Memorandum of Understanding, accept the grant and establish a budget. Committee unanimously recommended authorization for the Mayor to sign the Memorandum of Understanding, accept the grant for $14,088 and establish a budget. Concurrency Ordinance - Arnendment 3 DEPARTMENT OF PUBLIC: WORKS March 13, 1996 TO: Public Works Committee FROM: Don WickstromDW RE: LID 345, S. 218th Street Improvements (East Valley Highway to SR 167) This is an information item only for the Committe. A Public Hearing is being scheduled for April 16th to adopt the Ordinance which will establish the final assessment roll for LID 345. Dependent upon the outcome of the Public Hearing, i.e., no protests are heard, at that same Council meeting we will be requesting authorization to award the LID 345, S. 218th Street Improvement bid contract. lrnTrrrlilrrlt L.I.D. BOUNDARY FI—, cn -F ASSESSMENT NUMBER " a o� z PROJECT LOCATION my J r F 0 O u r 4 r r � r OI r r tz r S. 218TH ST. cr ii7/;7 cn C6� r r r lulluuuluuuu __---' �= � 18 " Q 14)' r 3 r -— r iu r r W rc LL `J 7 } 11 LILI-11 fill,roll„l,n n,111111111 llll PROPOSED L,.I.D. SOUTH 21 STI I STREET IMPROVEMENT (EAST VALLEY TO SR 167) JANUARY 27 , ] 994 —Fc e`27 Kent City Council Meeting Date March 19 , 1996 Category Consent Calendar 1. SUBJECT: DISCOVERY TRUST FUND — ACCEPTANCE 2 . SUMMARY STATEMENT: Authorization to accept and change the budget for the Department of Social and Health Services, Region 4 DDD Discovery Trust Fund in the amount of $15, 000 to pursue Special Populations projects. On January 30, 1996, the Department of Social and Health Services approved a $15, 000 grant from the Region 4 DDD Discovery Trust Fund for the Special Populations Division of the Parks Department to pursue projects for 1996. 3 . EXHIBITS: Letter of award from the Department of Social and Health Services 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES_ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3L i a L t, S S f (1 )x Y STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES N46-6 • 1700 E Cherry 5( • Seattle WA 98112-4695 January 30, 1996 Doreen Higgins City of Kent Parks and Recreation 315 E Meeker St Kent, WA 98031 Dear Doreen: Congratulations ! Your applications have been approved to receive S15 , 000 from the Region 4 ODD Discovery Trust Fund to pursue your projects through June, 1996 . We are excited to help get all your projects going as soon as possible and apologize for our delay. As I 've already informed you by telephone, there will be a special group meeting for representatives of the approved applications this Friday, February 2 , at 1: 00 p.m. at our DDD office, 1700 E. Cherry St. in Seattle, telephone 720-3300 . At this meeting, we will discuss details of the contracting, implementation and billing processes, and try to answer any questions you may have. What I'd like you to do as soon as possible is write and submit to me a brief paragraph on each project (no more than 75 words) for parents/families , which we will include in a Discovery Trust Fund "newsletter" to those on our family support waiting list. It should contain a brief description of each project, the ages of the clients and geographical area in King County (Region 4) that it will serve, where each project will be located, and the name and telephone number for parents/families to ccntact if interested or for further information. Thank you, and see you soon! My telephone (and voice mail if I don't answer) is 720-3331. Sincerely, Glenn Felion Region 4 Division of Developmental Disabilities T( v5 Kent City Council Meeting Date March 19 , 1996 Category Consent Calendar 1. SUBJECT: D.O.T. AGREEMENT FOR PAVEMENT MARKINGS f TUT LO T2ATTON / 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee. thorizatio for the Mayor to sign the agreement, upon concurrence by the Public Works Director and the City Attorney, with the De rtment of Transportation for the installation of pavement ma ings along Canyon Drive & Benson Highway which is in conjunct 'on with the State's overlay project along these roads., 3 . EXHIBITS: Public Works minutes and Public Works Director memorandum 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. 3M West Valley Highway to Kennebeck. On S. 212th there was a portion that we did not include in the contract where we had all that settlement and reconstruction on the corner. Rather than advertising for separate bids, since this original overlay contract was carried thru the winter, we added it to the original contract as a Change Order and the contractor completed the whole project. Wickstrom said that we did the same thing with the RJC area; we had the separate contract to widen and install a bike lane. Again, because the overlay contract was already bid, we had it done in one piece. Committee unanimously recommended that the James St./S. 212th Street Overlay project be accepted as complete. LID 345 - S 218th Street Wickstrom stated that this is more of an information item for the Committee with no action required. We are following the LID procedure steps. We are proposing to be out to bid on March 26th; we want to close the LID before we award the contract. He said that this will be on the agenda as a Public Hearing item on April 16th for the final assessment roll. Roadway Improvements on Canyon Drive & Benson Highway (DOT Agreement Wickstrom said that the state is going to overlay Canyon Dr. from Jason to Benson and portions of SR 516 thru the City. Under the State Transportation rules, we are required to pay for the traffic buttoning. The State has already awarded the contract and they are pressuring us to get this agreement signed. However in developing their contract, they did not do want we had wanted as part of their contract so we are not ready to sign. Wickstrom said that because they have awarded the project, we are asking for authorization for the Mayor to execute the agreement subject to mine and the City Attorney's concurrence. The cost for this is about $65,000 which we will take out of our annual asphalt overlay program. Committee unanimously recommended authorization for the Mayor to sign the DOT agreement, subject to approval of the Public Works Director and Citv Attorney for striping and pavement markings on Canyon Drive & Benson Highway. Special Collection/Recv ling Events - Grant Wickstrom said that we provide two city-wide household hazardous waste collection and recycling events and they are paid for by Seattle King County Health Dept. We have received a grant for those events and we need authorization for the Mayor to sign the Memorandum of Understanding, accept the grant and establish a budget. Committee unanimously recommended authorization for the Mayor to sign the Memorandum of Understanding, accept the grant for $14,088 and establish a budget. Concurrence Ordinance - Amendment 3 DEPARTMENT OF PUBLIC WORKS March 13, 1996 TO: Public �Norks Committee FROM: Don Wickstrom, Public Works Directoz SUBJECT: Roadway Improvements on Canyon Dr. &Benson Highway Department of Transportation Agreement for Pavement Markings The Washington State Department of Transportation is preparing to overlay sections of Canyon Drive and Benson Highway on East Hill. As part of this work, the City is required to provide roadway channelization, which includes the installation of new pavement markings. The cost for this project is S63,948.57 for which funding is available in the City s resurfacing budget. The Public Works Department is requesting that Council authorize the Mayor to sign the participation agreement with the Dept of Transportation for the installation of pavement markings on the facilities identified above. ACTION: Authorize the Mayor to sign the DOT agreement, subject to approval of the Public Works Director and City Attorney, for striping and pavement markings on Canyon Dr. & Benson High«ay. AM, WWashington State Department of Transportation ORGANIZATION AND ADDRESS Local Agency City of Kent Participating 220 - 4th Ave. S. Agreement Kent, WA 98032 Work by State —Actual Cost AGREEMENT NUMBER SECTION/LOCATIONGCA 0171 SR 515 / 516 Jet. SR 515 and SR 516 Vic. STATE ROUTE CONTROLSECTION REGION NUMBER NUMBER DESCRIPTION OF WORK SR515/51 1741 NW Striping ADVANCE PAYMENT AMOUNT s $9,592.29 THIS AGREEMENT,made and entered into this day of 19 .between the STATE OF WASHINGTON,Department of Transportation,acting by and through the Secretary of Transportation,hereinafter called the "STATE", and the above named organization,hereinafter called the"LOCAL AGENCY". WHEREAS,the STATE is planning the construction or improvement of a section of the state route as shown above,and in connection therewith,the LOCAL AGENCY has requested that the STATE perform certain work as herein described,and/or is responsible for a portion of the work as provided for under WAC 468-18-040(5)(d),and WHEREAS,it is deemed to be in the best interest for the STATE to include the necessary items of work in the STATE's construction ^tract proposed for the improvement of this section of State Highway, and WHEREAS,the LOCAL AGENCY is obligated for the cost of work described herein. NOW THEREFORE,by virtue of RCW 47.28.140 and in consideration of the terms,conditions,covenants,and performances contained herein,or attached and incorporated and made a part hereof,IT IS MUTUALLY AGREED AS FOLLOWS: If a letter of acceptance is not received by the STATE within GENERAL 90 days following completion of the work, the work will be The STATE,as agent acting for and on behalf of the considered accepted by the LOCAL AGENCY and shall LOCAL AGENCY,agrees to perform the above"Description release the STATE from all future claims and demands of any of Work". nature resulting from the performance of the work under this AGREEMENT. Plans,specifications and cost estimates shall be prepared by the STATE in accordance with the current State of Washington The LOCAL AGENCY may withhold this acceptance of Fork by submitting written notification Standard Specifications for Road,Bridge, and Municipal Con- fication to the STATE within the struction,and amendments thereto,and ado ted desi ithh period.This notification shall include the reasons for p design standards, withholding the acceptance. unless otherwise noted.The STATE will incorporate the plans and specifications into the STATE's project and thereafter advertise the resulting project for bid and, assuming bids are PAYMENT received and a contract is awarded, administer the contract. The LOCAL AGENCY,inconsideration of the faithful The LOCAL AGENCY hereby approves the plans and performance of the work to be done by the STATE,agrees to specifications for the described work as shown on Exhibit"B", reimburse the STATE for the actual direct and related indirect attached hereto and by this reference made a part of this cost of the work. AGREEMENT. An itemized estimate of cost for work to be performed by the The LOCAL AGENCY may,if it desires,furnish an inspec- STATE at the LOCAL AGENCY's expense is marked Exhibit for on the project. Any costs for such inspection will be borne "A", and is attached hereto and by this reference made a part of solely by the LOCAL AGENCY.All contact between this AGREEMENT. 'd inspector and the STATE's contractor shall be through the ,ATE's representative Partial payments shall be made by the LOCAL AGENCY, upon request of the STATE, to cover costs incurred.These The LOCAL AGENCY agrees, upon satisfactory completion payments are not to be more frequent than one(1)per month. It is of the work involved, to deliver a letter of acceptance which shall agreed that any such partial payment will not constitute agreement include a release and waiver of all future claims or demands of as to the appropriateness of any item and that, at the time of the any nature resulting from the performance of the work under this final audit, all required adjustments will be made and reflected in AGREEMENT. a final payment. The LOCAL AGENCY agrees to make payment for the work IV to be done by the STATE within thirty(30)days from receipt of EXTRA WORK billing from the STATE. In the event unforeseen conditions require an increase in the The LOCAL AGENCY agrees that if payment for the work is cost of 25 percent of more from that agreed to on Exhibit"A", not made within ninety (90)days after receipt of billing the this AGREEMENT will be modified by a supplement AGREE- STATE may withhold any tax monies which the LOCAL MENT covering said increase. AGENCY is entitled to receive from the Motor Vehicle Fund until In the event it is determined that any change from the payment for the work is received by the STATE. description of work contained in this AGREEMENT is required, The LOCAL AGENCY agrees to pay the STATE the approval must be secured from the LOCAL AGENCY prior to the "Advance Payment Amount"stated above within 20 days after the beginning of such work.Where the change is substantial,written STATE submits its first partial payment request to the LOCAL approval must be secured. AGENCY.The advance payment represents approximately fifteen (15)percent of the estimate of cost and covers costs incurred by Reimbursement for increased work and/or a substantial the STATE in the initial stages of the project.The advance change in the description of work shall be limited to costs covered payment will be carried throughout the life of the project with by a written modification,change order or extra work order final adjustment made in the final payment_ approved by the LOCAL AGENCY. III V DELETION OF WORK RIGHT OF ENTRY In the event the estimate of cost,EXHIBIT"A",is in excess The LOCAL AGENCY hereby grants and conveys to the of$10,000 and the total actual bid prices for the work covered by STATE the right of entry upon all land which the LOCAL this AGREEMENT exceeds the estimate of costs by more than AGENCY has interest,within or adjacent to the right of way of 15 percent,the LOCAL AGENCY shall have the option of the highway,for the purpose of constructing and if necessary, directing the STATE to delete all or a portion of the work covered maintaining said improvements. by this AGREEMENT from the STATE's contract.Except,that Upon completion of the work outlined herein,all future this provision shall be null and void if the LOCAL AGENCY's operation and maintenance of the LOCAL AGENCY's facilities portion of the work exceeds 20 percent of the actual total contract shall be at the sole cost of the LOCAL AGENCY and without bid price,or if the LOCAL AGENCY is responsible for the costs expense to the STATE. under state law or the Washington Administrative Code WAC 468-18-040(5)(d). V LEGAL RELATIONS The LOCAL AGENCY shall have five(5)working days No liability shall attach to the STATE or the LOCAL from the date of written notification to inform the STATE to AGENCY by reason of entering into this AGREEMENT delete the work.Should the LOCAL AGENCY exercise its option except as expressly provided herein. to delete the work,the LOCAL AGENCY agrees,upon billing by the STATE,to reimburse the STATE for preliminary engineering costs incurred by the STATE to include the work covered by this AGREEMENT in the STATE's contract. IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: Title: By. . Date: DOT Farm 224-095 Iiwm d 8194 L� Q o 0 0 0 0 o v v LO O cn m a t[I N V �'I N N V C• � � f� � � O Jn O U �a N O to 0 0 0 0 �. 0 0 0 0 � v w O N N O N O O F— L,I Z U 2 of Cp v � a � p � a o m m m c W a CJ N O Q O H m U) m of J W m O H a U N Z coW O v O I— + + Nul a Q U N W w a m a Lai Y a + + w Jn m O m m c� H N N U U m O — + N ^O m + + m O N N O NI W m r m�0Ir mpmlLJm N F r fU7 U w W I m N N NI W WI a a a ¢ ¢ � w w U F 3 ¢ Y Y LL N O W ¢ ¢ w LL Y ¢ F- aa Q w ¢ w acc 3 a U U Z Z N m lL 1L W W N LL LL w 0 o a a w w ¢ U N H 1 a Q ,n U U U_ U_ LLO Q w Z N N u)N N N i a a 4 a x a JJ � aal a D S 2 p O LLJ N �i+- �- U U Z Z m cc > Jo 7 I Iw w S'S a s ;o n � _ m m N O Z N N N m m S ry w a) m m M m a) m c N m m m mlm�m m m a F co � - a N � --rO3 Kent City Council Meeting Date March 19, 1996 Category Consent Calendar 1. SUBJECT: SEATTLE KING COUNTY HEALTH DEPT. AGREEMENT & GRANT ACCEPTANCE —AUTHO'R-I=0T- - -- 2 . SUMMARY STA EMENT: As� commended by the Public Works Committee, uthorization for`t4ie Mayor to sign the Memorandum-t- of Understanding with the Seattle=-K' County Health Dep& or the Special Collection/Recycling Even , accept the grant for $14 , 088 and establish a budget for same These special collection/recycling events are held twice yearly and this grant is for a portion of these events. 3 . EXHIBITS: Public Works minutes and Public Works Director memorandum 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. 3N West Valley Highway to Kennebeck. On S. 212th there was a portion that we did not include in the contract where we had all that settlement and reconstruction on the corner. Rather than advertising for separate bids, since this original overlay contract was carried thru the winter, we added it to the original contract as a Change Order and the contractor completed the whole project. Wickstrom said that we did the same thing with the RJC area; we had the separate contract to widen and install a bike lane. Again, because the overlay contract was already bid, we had it done in one piece. Committee unanimously recommended that the James St./S. 212th Street Overlay project be accepted as complete. LID 345 - S 218th Street Wickstrom stated that this is more of an information item for the Committee with no action required. We are following the LID procedure steps. We are proposing to be out to bid on March 26th; we want to close the LID before we award the contract. He said that this will be on the agenda as a Public Hearing item on April 16th for the final assessment roll. Roadway Improvements on Canyon Drive & Benson Highway (DOT Agreement) Wickstrom said that the state is going to overlay Canyon Dr. from Jason to Benson and portions of SR 516 thru the City. Under the State Transportation rules, we are required to pay for the traffic buttoning. The State has already awarded the contract and they are pressuring us to get this agreement signed. However in developing their contract, they did not do want we had wanted as part of their contract so we are not ready to sign. Wickstrom said that because they have awarded the project, we are asking for authorization for the Mayor to execute the agreement subject to mine and the City Attorney's concurrence. The cost for this is about $65,000 which we will take out of our annual asphalt overlay program. Committee unanimously recommended authorization for the Mayor to sign the DOT agreement, subject to approval of the Public Works Director and City_ Attorney for striping and pavement markings on Canyon Drive & Benson Highway. Special Coll ection/Recvcling Events - Grant Wickstrom said that we provide two city-wide household hazardous waste collection and recycling events and they are paid for by Seattle King County Health Dept. We have received a grant for those events and we need authorization for the Mayor to sign the Memorandum of Understanding, accept the grant and establish a budget. Committee unanimously recommended authorization for the Mayor to sign the Memorandum of Understanding, accept the grant for $14,088 and establish a budget. Concurrence Ordinance - Amendment 3 DEPARTMENT OF PUBLIC WORKS March 12, 1996 TO: Public Works Committee FROM: Don Wickstromk RE: Seattle-King County Health Dept. Special Collection/Recycling Events Each year, the City organizes two city-wide Household Hazardous Waste Collection and Recycling Events. We have received a grant from the Seattle-Icing County Health Dept for a portion of these events, in the amount of $14,088. At this time, we are asking for authorization to accept the grant., establish a budget and authorize the Mayor to sign the Memorandum of Understanding, which specifies the administrative procedures and scope of work for these events. ACTION: Recommend that Council authorize the Mayor to sign the Memorandum of Understanding for the special collection and recycling events, accept the grant of $14,OSS and establish a budget for same. C-4 I-c MEMORANDUM TO: JIM WHITE, MAYOR CITY COUNCIL MEMBERS FROM: JUDY WOODS, COUNCILMEMBER- DATE: MARCH 19, 1996 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the March 19. 1996 City Council meeting . I will be unable to attend. Thank you for your consideration. JW:kno ` -c6 Kent City Council Meeting Date March 19 , 1996 Category Other Business 1. SUBJECT: LAND USE AND PLANNING BOARD ORDINANCE 2 . SUMMARY STATEMENT: An ordinance has been prepared which would create a new Land Use and Planning Board. The City Council held a public hearing on this matter on February 20, 1996. The Planning Committee considered approval of this item at 4 : 00 o'clock today. 3 . EXHIBITS: Ordinance and City Council minutes of 2/20/96 4 . RECOMMENDED BY: Planning Committee — (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember L1VL _moves, Councilmember seconds to adopt Ordinance No. ?,�g� creating a new Land Use and Planning Board. DISCUSSION: � ACTION: Council Agenda Item No. 4A ORDINANCE NO . AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 2 . 30 of the Kent City Co-3e relating to the organization, duties and responsibilities of the City of Kent Lard Use and Planning Board. WHEREAS, the City Council recently reorganized the planning agency of the City of Kent ; and WHEREAS, as part of this reorganization, the City Council established a new land use and planning board to replace the duties and responsibilities of the planning commission; and WHEREAS, the City Council desires to organize and establish the duties and responsibilities of the land use and planning board; NOW THEREFORE , THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . Chapter 2 . 30 of the Kent City Code entitled "Planning Agency" is hereby amended to read as follows : CHAPTER 2 . 30 . FL-nNNING AGENCY PART 1 . GENERA-Lr Sec . 2 . 30 . 010 . Planning authority. The city council hereby declaies its intention to perform all planning functions under RCW cr . 33A. 63 regarding plann-ing and zoning in code cities . Sec . 2 .30 . 020 . Designation. The planning agency of the city is hereby created. The planning agency shall consist of tl.e land use and planning board, the planning department , and other bodies established by the city council to perform planning functions on behalf of the City of Kent . They shall serve in an advis:Dry capacity to the mayor and the city council . PART 2. PLANNTN:; DEPARTMENT Sec . 2 . 30 . 060 . Creation. There is created the city planning department . The planning de artment shall consist of the foilowing divisions : planning services development services , and office of housing and human services . The -planning department shall perform planning and zoning functions conduct plan reviews and issue building and development permits enforce buildina codes manage the citv' s housing and human service prroaram_a,r_d perform other duties as established by the city cot:ncil ._ Sec . 2 . 30 . 070 . Duties and '-a responsibilities . The planning department sha1 ~ave the following duties and resp6ns1b1l1ties . •-_n-� ) h pla-�n=na director , A. The planning department,____ aah t F - -- shall administer, the affairs of th�= plannina acencv . It shall be the duty of the planning director -o be the official spokesperson for the agency, to set the agenda L. - the land use and planning board public hearings , workshops ,___and meetings to prepare all materials such as agendas . sta-` ._,_p crts and special reports for the land use and plannina_ board , _,. collect and to analyze and _ _ - y_.7 techni cal use _ je e ___ __.__- , _r data to determine logical mat-ers of urban development within the city. The planning department shell be responsible for preparing and updating the comprehensive plan , preparing and amending the zoning code , subdivision code ar_c any other codes or ordinances -hez - - The planning department through the developme_-,t division , shall issue buildina permits and enforc�___the building codes as rescribed in Chapter 14 . 08 entitled "Enforcement of the Building Codes . " 3 B . The i,l,...___ir. depart.., ag= n,'V through the planning department , shall t y:_ `L� - e- h _ — is ; s? the mayor and ci tv council on planning matters . The z>_anning department may carry out special. projects at the reques . of the city council w_'lich requests shall be forwarded tc tre anning d-= denar pen through the office of the mavc,r . C . The planning departmer_ s :_: function as an administrative department of the , y aiding in the coordination: of city planning activities w--thin the overall adm_nistrative program of the city government . The planning department shall forward items for consideration tc the land use and ulann_irig board. D . The pla.ini pa= �=,ent agency shall ad.mi.se t'_:e , he ,Ewa a , ee ......0 , ... ._. vim..,._u u_.,ev..eempi-eheiisi _.'- - __ , an _ _ _ __ , _ `_, .,y._.i__.;._ be resconsi h1 e for all planning matters includiria but not limited to , comprehensive plan formulation and amendments , annexation zoning , zoning code subdivision code and .other assianed codes . It shall be the responsibility of the planning department to prepare the plans and codes for these planning matters and the responsibility of the land use and niannina 'board _to hold nublic hearinas on. these plans and codes when advis-u _t_o do so by the planning department . The land use and o - _i na board after holding one or more public hearings. shall_ f_od its recommendation on the ulannlna department ' s prOpOSalS t<= t;r= C1ty cou=" for f'nal action . The council may hold pubic hearings and perform other related functions on speci- ' Ulc="__. no matters 1n additio- to oY in lieu of del ecatina this to the land use and board . en Sec . 2 . 30 . 080 . Planning director- -Creation. There is hereby created the position of city planning director who shall be appointed bv_ he mavor . See .—.30 990 "_ .._ nt and Sec . 2 .30 .E-& 090 . Same--Duties and pawep-s responsibilities . A. The planning director shall ha; be in charge of the planning department . The planning c4rector shall prepare an annual planning program and an an_raal budget to implement this program. The planning director shrill represent the 5 ma agency before government eLf'_c'-als agencies and the public as deemed necessary. The planning director or a designate planning staff member shall be present at all city council and land use and planning board meetings and -.._.' . v_ b a"-d e dadju = public hea -ings_ _ B . The planning director is responsible for hiring and supervising employees of the clanni.ng department . Sec . 2 . 30 .1-1- 100 . office of housing and human services- -Creates There is hereby created in the city the office of housing and human services . The office of musing and human services shall not be a separate department , but rather shall be a division of the planning denartmen-_ , reporting directly to the planning director . Sec . 2 .30 .1-24 110 . Same--General duties and pewer-a resT)onsibilities . The office of housing and human services shall plan, organize, and administer the activities and functions concerning human service issues , including the development and assessment of F human service needs , determinatier, of priorities for human services , evaluation and recorlme:_ _ion of funding request , and the monitoring of performance o:` =rv_ ces provided by human service Oraanizations and agenc.-i := . `_�_?e 0111ce Oi hOusinC: ana human services shall coordinate �:--_ ' v-ties with other human service planning agencies and orc _.izations . Additionally, the office of housing and human seri_,­E shall coordinate human service activities between ci_y a:_x.=-stration and the c_ty h'. nan services commission, and shal_: im_ 1=rent policy recommendatio-s established by the human service, co7L-,7Lission and provide necessary support to the bona.: s _' aices commission in the performance of its duties . Sec . 2 . 30 . 139 120 . Same- -Manager . The housing and human services manager shall manage the office of housing and human services under the direct supervision of the planning director as delegated pursuant to RCW Title 3 P_. The housing and human services ma:_ager shall be appointed by the planning director . Sec . 2 . 30 . 140 130 . Same--Staff . The housing and human services manager shall , in accordance with appropriate city policy, re: ruit and hire employees as may be budgeted from time to time by the city council to the office of housing and human services . Staff employees shall report directly tO the housing and hlima,_ services manager. Sec . 2 . 30 140 . Same- -Salary of staff . The salary of the hourincr anu �-uman services manager an;3 staff employees shall be that as e_,E ablished in the city annual budget . _f f.-I--etienq and pesitiens . seeti _ .,_L t.. effiee ewf l- - 1 .» PART 3 . LAND USE APT, pLANNING BOARD Sec . 2 . 30 .377-G 150 . Creation. There is hereby created the land use and planning board. 8 Sec . 2 . 30 . 180.160 Membership, terms, residence requirements, and compensation. P.. I'hc lane! a a__ �'_ _,__ a d- na1, :a of �e_n of the jy.:d aye hea�Fzd 1:._11 _, A. The land use and planr_->na ward shall consist of - - (7) members each of whom shad hie appointed by the mavor a-d confirmed by the city council Appointments shall be deeme:= confirmed if not acted on within `hirty (30) days following the mavor ' s submittal of his or her r_c,n_i_nation to the council president . B . The om__._±:y^ leea. d ,______ serve W4:1��Iae�it eetineil sr e €ea— pelie; es es=a!E4rshed - c r_ l �_..-ter.. �Sea . tie_. �— -=r B . The terms of office of the members of the land use and plannina board shall be three (3 ) vears . when a vacancy occurs on the land use and a ann� no boarj _ appointment for that osition shall be for three ( 3 ) years , or fc the remainder of the unexpired term, whichever is the s'6c.rter period of time . A'' iI -eW terms shall expire on December 31 of the last vear of the ter. . No more than three (3 ) terms may expire in any given year . C. Initial appointments shall be as follows : 1) 2 seats for a one (2 ) veal term 2) 2 seats for a two (2 ) vPar_term 4 3 3 seats for a three (3 ) vear term All appointments thereafter shall b_� for three (3) year terms . D . Members of the land use -__d plannina board may be dismissed by the mayor for missing twenty-five (25) percent or more of the reaularly scheduled m� etincls in a twelve month period without such absence being excuse rT, he board, for l r f.indina by the land use neffiCier,Cv for eC ne^lt ofd'.ltv�_.fC- a and plannina board of a member ' s vi_:latiori of any code of conduct established by the board , or for _sfeasance or malfeasance i office . E . As authorized pursuant to._RCW 35 . 21 . 200 all appointees to the land use and plannina board shall be residents of the Citv of Kent . When makina the amDointm=ants the mavor shall consider appointments from residents resi.dina at different locaticns of the City . F . The appointed members of the land use and plannina boar shall serve without compensation except that reimbursement for authorized travel and subsistence may be made to the extent such may be budaeted for by the city cc=ancil . Reimbursement for such shall come from the city budaet catecory desianated planning commission travel and mileage and subsistence . Sec . 2 . 30 .194 170 . Organization, meetings, and records . `. l e_...�i !a_ r - u 1'_ t -.. _ .y r- _ _e and - L _ a �== 'I C A. The land use and Dlannin_c board shall elect a chc__T' person ana vice-chairperson from amonc its members which *ez-r.s shall expire December 31 each year . �_-.- secretary of the�a�^ use and nlannina board shall_ he th- r -n- ina director. r� secretary shall set the land 1_.se aad p- anning board acienda for workshops and public hearings prEpare minutes which may be --aken from electronic recording of z;ub= ._c_ hear'_nas , and keep such records as are necessary for the_ crooer operation of the board all of which shall he a matter cf_ -c record . and ef R . The land use and -olannir_c: boa rd shall conduct at least_ one regular meeting each month foz:,_conductina General business ,. hearings , and other related bush___ except when there is not an aaenda item to be considered or hears. in which case the land use and -olannina board secretary shall not`v the board members , he local press and post a notice at - ne D--ace the land use and planning board regularly meets , s`;_` ing that due to a lack of business a meeting is cancelled. ^:e land use and planning board shall establish and operate under a see of bvlaws , which bvlaws. shall prescribe the rules of nroc-_-ssre for public hearings - workshons and a code of conduct fcr i--S members . The time anc place of regular and special meet. _ncs including workshops , shall be established by the bvlaws . Section 2 . 30 . 209 . 180 . Duties and game=s responsibilities . and Z ..e r y .... i L � 'F ..� r _- v-,- r_...._.�_.. ., vvu_... ��Ne. - _r A. The land use and planning_board shall overate as Hart of the nlannina aciencv and shall, exc ,nE in those instances v.'-.en city council has determined tc ccn_=__der the matter . hold hearings on comnrehenslye plan fc_fP._=latlon and amendments . annexation zoning zoning code and ._ubdivision code and other assianed code formulation and amen :-,ents which have been n-enared and submitted to the board by the_o'_annino department . The land use and ulannina board after hold_na one or more public hearings on these matters shall refer the olannina department ' s nr000sals and its recommendation to the city council for the council ' s final action . D . m�Tli.� ,anEi .. ee Gzn4- p.la..—ice; ,.,vaaFd Tall ae.� in ..._. -...� .�._ 2vc�- B . In lieu of or in the alternative to the land use and planning board considering and hol_dina hearings and nerform other related functions on matters set forth in subsection (A) above ._ the city council may elect to serf -m these functions on such matters directly without taki-ia incut from the land use and planning board. 12 Sec . 2 . 30 .2-1-8 190 . References to planning commission. All references in the Kent City Code to the planning commission shall mean the land us and planning board. SECTION 2 . Transition of Boards . The City Council Plann-_ng Committee shall continue to siu the land use and planning board as authorize- pursuant to Orc':inance No . 3252 until the land use and planning board, as es_ab:_ . s`ed pursuant to this ordinance, is convened and the by.'. aws for said board are adopted. SECTION 3 . Severability_ 14 any section, sentence, clause or phrase of this ordinance sh-oulc be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionali—,, shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance . SECTION 4 . Effective Date . Phis ordinance shall take effect and be in force thirty (30) days from and after its final passage as provided by law. - J j JIM W'-'iTE, Mayor i 3 ATTEST : BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM : ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of --_ , 1996 . APPROVED day of ___ 1996 . PUBLISHED day of 1996 . 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. (S_Z_: BRENDA JACOBER, CITY CLERK planbbb.ord 14 February 20, 1996 PUBLIC very fortunate not to have any more injuries or COMMUNICATIONS deaths than what was encountered, and that no shelters were opened in the area simply because most of the apartment managers were gracious enough to help make arrangements for people resulting in minimal impact to the City. Upon Mayor White' s request, Chief Angelo noted how the public could access FEMA by calling 1-800-462-9029 which is in effect now for direct assistance. He noted that FEMA is expected to be at the East Hill Fire Station by Thursday or Friday and that the address is 24611 - 116th S . E. just south of 240th. He noted that FEMA will be located inside the Administrative Area and that the public can call the main business number at 859-3322 . CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through P 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 February 6, 1996 . LAND USE & (PUBLIC HEARING - ITEM 2A) PLANNING BOARD Land Use and Planning Board Ordinance. This date has been set to consider an ordinance on a new Land Use and Planning Board. In November 1995, the City Council adopted Ordinance No. 3252 dissolving the Planning Commission, and desig- nating the City Council Planning Committee as the interim body until a new board is created. Mayor White then declared the public hearing open. There were no comments from the audience and HOUSER MOVED to close the public hearing. Orr seconded and the motion carried. ORR MOVED to send the Land Use and Planning Board draft ordinance to the Planning Committee at their meeting of March 5th for final recom- mendation to the full Council. Woods seconded and the motion carried. CITY CODE (CONSENT CALENDAR - ITEM 3P) AMENDMENTS (ADDED ITEM BY COUNCILMEMBER ORR) Amendments to the Rent City Code Chapter 11. 02 entitled "Environmental Review & Community Impact Mitigation. AUTHORIZATION to set March 5, 1996, at 7 : 00 p.m. as the date and time for a public 8 Kent City Council Meeting Date March 19 , 1996 Category Other Business 1. SUBJECT: KING COUNTY ECONOMIC ENTERPRISES CORPORATION/NRG BARRIERS PACIFIC, INC. - RESOLUTION 2 . SUMMARY STATEMENT: NRG Barriers Pacific, Inc. has applied to the King County Economic Enterprises Corporation for issuance of tax-exempt non-recourse revenue bonds for equip- ping of facilities in Kent. RCw 39 . 84 requires the City in whose planning jurisdiction the project is to be located to approve the issuance of the bonds by the Enterprise Corporation for such project. This approval is limited to issuance of the bonds and does not constitute approval of any development permit for the project. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Planning Committee March 19 1996 (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES _ 6 . EXPENDITURE REQUIRED: $ _— SOURCE OF FUNDS: _ 7 . CITY COUNCIL ACTION: Councilmember NA moves, Councilmember V_L� seconds adoption of Resolution No. ILI & 4 relating to the issuance of bonds by the King County Economic Enterprise Corporation to NRG Barrier Pacific, Inc. DISCUSSION• - ACTION: Council Agenda Item No. 4B RESOLUTION NO . A RESOLUTION of the City Council of the City of Kent , Washington, approving the issuance of tax-exempt nonrecourse revenue bonds of King County Economic Enterprise Corporation for the benefit: of NRG Barriers Pacific, Inc . pursuant to �CW 39 . 84 . 060 . WHEREAS, the Legislature of the State of Washington has provided for the creation of Enterprise Corporations by municipalities, including counties, pursuant to Chapter 300 , Laws of Washington, 1981 (Regular Session) codified as Chapter 39 . 84 RCW, as amended (the "Act" ) , for the pi.rpose of facilitating economic development and employment opportunities in the State of Washington; and WHEREAS, pursuant to the Act , the King County Economic Enterprise Corporation (the "Enterprise Corporation" ) was formed in order to carry out the purposes of the Act ; and WHEREAS, the Enterprise Corporation has received an application from NRG Barriers Pacific, Inc . (the "Company" ) for the purpose of providing financing for the equipping of facilities leased by the Company at 7615 South 212 Street, Kent , Washington (the "Project" ) , which is within the boundaries of the City of Kent, Was'-ington (the "City" ) ; and BONDS (NRG PROJECT) WHEREAS, the Enterprise Corporation and its bond counsel have reviewed the application of the Company and have determined that the Project qualifies as an " industrial development facility" within the meaning of the Ac- ; and WHEREAS, the Enterprise Corporati^n has scheduled a special meeting to approve the issuance of nonrecourse revenue bonds in an amount not to exceed S6 , GOO , CCO (the "Bonds" ) to be held on March 19 , 1996 ; and WHEREAS, the Act provides that each county, city or town within whose planning jurisdiction the :-project is to be located must approve the issuance of revenue bonds by the Enterprise Corporation for such Project ; and WHEREAS, the Enterprise Corporation, as the issuer of the Bonds for the Project, has requested the approval of the City pursuant to the Act ; and WHEREAS, the City has been assured that there will be no financial liability accruing to the City as a result of such approval and that this approval shall constitute approval solely for the purpose of permitting the Enterprise Corporation to proceed with the issuance of the Bonds ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL CF THE CITY OF KENT, WASHINGTON, as follows : Section 1 . The City, pursuant to Chapter 39 . 84 RCW, does hereby approve the issuance of the Bonds by the Enterprise Corporation for the purposes of financ_r:g the Project under the Act . The Bonds are anticipated to be issued by the Enterprise Corporation in the aggregate principal amount of not to exceed $6, 000 , 000 pursuant to a resolution of the Board of Directors of the Enterprise Corporation for the pu-q cses of financing the Project under the Act . The proceeds of the Bonds will ire loaned to the Company, pursuant to a loan agreement with the Enterprise Corporation, and the proceeds will be used for the purpose of paying all or a part of the costs of a new Project with`_n the boundaries of the City. The Bonds shall be payable solely from the Company' s repayments of the loan under the loan agreement . The Bonds shall not constitute an obligation of the City, and no tax funds or other revenues of the City shall be used to pay the principal of, premium, if any, or interest on the Bcr.ds . Neither the faith and credit nor any taxing power or revenues of the City shall ever be pledged to pay the principal of, premium, if any, or interest on the Bonds . Section 2 . This resolution is intended solely to constitute approval of the issuance of the Bonds within the meaning of RCW 39 . 84 . 060 . 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 submi ted at a future date for the project . 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 t':,e C'_ ty of Kent, this day of 1996 . JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 4 APPROVED AS TO FORM : ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No . passed by the City Council of the City of Kent, Washington, the day cf 1996 . (SEAL) BRENDA JACOBER, CITY CLERK BONDS.res 5 PRESTON GATES & E L L I S COPY MAR - 81996 Kent Cite March 7, 1996 Mr. Tom Brubaker Assistant City Attorney City of Kent 220 4th Avenue S. Kent, Washington 98032 Re: King County Economic Enterprise Corporation Variable Rate Revenue Demand Bonds, 1996 (NRG Barriers Pacific, Inc. Project) Dear Mr. Brubaker: King County maintains a public corporation under RCW Ch. 39.84, King County Economic Enterprise Corporation (the "Enterprise Corporation'). The Enterprise Corporation has received an application for $6,000,000 tax-exempt financing from NRG Barriers Pacific, Inc. (the "Company) to finance the equipping of facilities which the Company leases at 7615 South 212 Street, within the City of Kent (the "Project") The Company is seeking tax-exempt financmg in order to lower its costs of borrowing, and State Street Bank-, Boston, Massachusetts has issued a commitment to assist the financing by issuing its letter of credit and placing the bonds with investors. Our law firm is acting as bond counsel for the financing, and we are preparing the bond proceedings for the Enterprise Corporation Among the preliminary approvals which must be obtained prior to the issuance of industrial revenue bonds is the approval of the planning jurisdiction, RCW 39.84.060. As the Project is within the boundaries of the City of Kent, the City Council has planning jurisdiction over the Project. Therefore, we are required to obtain the approval of the City Council pursuant to RCW 39.84,000 While the statute (RCW 39.84-060) is silent as to the nature and extent of the approval process, we have attempted to apply it in a manner consistent with the policies of Ch. 39.84. The statute appears to contemplate more than administrative approval. Therefore, we customarily obtain the approval of the legislative body of the planning jurisdiction. We have prepared and enclose a draft resolution which provides, we believe, sufficient approval for the issuance of the bond by the Enterprise Corporation. Within the text of the A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION ANCHORAGE • COEUR D ALENE Los ANGELES • PORT' AN D SPOKANE • TACOMA • W A S H I N G T O N. D . C . 5000 COLUMBIA CENTER 701 FIFTH AVENUE SEATTLE•WASHINGTON 98104-7078 PHONE: (206) 623-7580 FACSIMILE: (206) 623-7022 Mr. Tom Brubaker March 7, 1996 Page 2 resolution, we have specifically reserved the right and authority of the City to consider independently any subsequent development permit which ma} be presented for the Project. In addition, the resolution contains specific language which provides that the City shall have no liability under any circumstance for the payment of any debt service on the bond, nor shall it incur any liability in connection with the project. This language is repetitive of Ch. 39.84 wlvch specifically states that no public money shall ever be used to pay the debt service on this type of bond. If the resolution meets with your approval as well as that of other City officials, we would appreciate your assistance in adding it to the agenda for consideration by the City Council at its meeting on March 19, 1996. If you believe that it would be helpful for the applicant, a representative of the Corporation, or me to attend the meeting at which the resolution would be considered, please let us know when the meeting is scheduled to occur. Following the approval of the resolution, we will need to receive a certified coPy in order to complete the transcript for this issue prior to the issuance of the bond. For your convenience, we have enclosed a diskette containing the draft resolution in Word for Windows 2.0 format. We will also provide you with finalized drafts as you require. Please do not hesitate to call for any additional information on the project or the bond. Very truly yours, PRESToN G:vI-ES & ELLIS By Cynthia %1_ Weed Enclosure cc: Roger Lubovich Brian Mayhew Lucy Auster Todd Bachelder CMWIZ2.DO'- KING COUNTY ECONOMIC ENTERPRISE CORPORATION Public Hearing and Special %leeting Agenda 3 00 p.m. - Tuesday, March 19, 1996 King County- Courthouse Southwest Conference Room, l2th Floor COPY RE%EDVED 516 Third Avenue MAR Seattle, WA 99104 111996 Kent City Atrol,ne�r 1. Public hearing on the proposed issue of industrial revenue bonds for NRG Barriers Pacific, Inc. 2. King County Economic Enterprise Corporation considers/acts upon proposed bond issuance resolution 96-1 for NTRG Barriers Pacific, Inc. Adjourn. If you have any questions regarding this agenda, please contact Ray Moser 205-0707. inducaen 3/8/96 ]sa NRG BARRIERS PACIFIC. INC. INDUSTRIAL REVENLJE BOND APPLICATION STAFF REPORT Date: 3/8/96 Applicant: NRG Barriers Pacific; Inc. Project: Development of a Rigid Foam Insulation Manufacturing Plant Amount: $4,500,000 Location: Kent, Washington Lender: State Street Bank and Trust Company, Boston, Massachusetts Bond Counsel: Preston Gates R Ellis, Seattle, Washington Company Background The IN'RG Barriers Companies consist of five corporate entities, under common control, whose principle activity is the manufacturing of polyisocyanurate foam insulation used in the construction of commercial and residential buildings. William S. Jelin started the first company, NRG Barriers, Inc., in 1975, and owns 100 percent of the NRG Companies as well as three related real estate companies. Currently there are four other manufacturing companies which are located in Saco, Maine, Hazelton, Pennsylvania, Bremen, Indiana, and Jacksonville, Florida. Project Description This project, NRG Barriers Pacific, Inc. is a new company funded with $1 million worth of equity. The company will be identical to the four other separate entities doing the same type of business and utilizing some of the same customers. NRG Barriers Pacific will employ experienced staff from other NRG companies to manage the new facility The new company was formed in September, 1995, and is planning to begin manufacturing operations in May, 1996. A new, 145,608 square foot plant will be constructed and will be capitalized with $3.5 million of new equipment. The company will be located in Kent, Washington and will complete the NRG Companies' coast-to-coast servicing of its customers for rigid roofing insulation and wall sheathing. Economic Benefits to King County and Washington State • 50 new, permanent jobs will be created initially. • Up to 100 jobs total will be created in future years • Only four of the jobs will be filled by transfer personnel. • 46 - 96 of the jobs will be local hires. • At least $250,000 of office equipment will be bought in Washington State. • Local contractors will be hired for approximately $700,000 worth of construction work. • The project is expected to generate sales tax on 7 million dollars worth of finished product per year. staffrpt 3/8/96 1sa Job Type Dumber of Jobs Salaries and Wages 4 $30,000 - $40,000 er year Administrative --- Management -- 4 $60,000 per year I Su ervision ---- 7 $35,000 - $40,000 er vear � -- Machine O erator 3 __ —_ $9.80 - $12.75 per hour 3 $1 3.00 - S15.00 er hour BatchMaker Material Handlers 15 SS.55 - $11.10 per hour Forklift Operators 14 _ SS.00 - 11.00 per hour Total 50 In addition, each new job comes with a comprehensive benefits package. Financial Institution Interest/Commitment State Street Bank and Trust Company of Boston, Massachusetts, has issued a Bond Term Sheet for the NRG Barriers, Corporations, Inc. project. The sheet indicates that the bank will 1) serve as the credit bank for the project by issuing a direct pay letter of credit to the company and 2) serve as the placement and remarketing agent for the bonds. Project Eligibility Based on a review of the project by staff and a preliminary opinion of bond counsel, the proposed project appears eligible for Industrial Revenue Bond (IRB) financing under the provisions of Federal and State laws and regulations. Outstanding Issues After submittal of the original application, the company revised its project costs and increased the amount of bonds it is applying for from $3,637,000 to $4,500,000. As a result, an additional $500 in application fees is due to the King County Economic Enterprise Corporation. It is anticipated that the fee will be paid prior to the 3/19/96 Inducement Resolution meeting. A of the application) will be provided at the Inducement revised project cost break down (page five Resolution meeting. Recommendation Staff recommends the Board approve Resolution 96-1 staffrpt 3/8/96 Isa 2 Kent City Council Meeting Date March 19 , 1996 Category Other Business 1. SUBJECT: 196TH/200TH STREET CORRIDOR FINAL EIS ADOPTION - RESOLUTION 2 . SUMMARY STATEMENT: This resolution affirms and acknowledges City action to date regarding the City's long-term planning and environmental review on its proposed 196th/200th Street Corridor project. Additionally, this resolution takes SEPA "action" on its environmental review and on the project, by directing staff to proceed with the project along the preferred Alternative 'A' route, and to obtain all necessary permits and approvals necessary to construct the project. The preferred alternative in the EIS is along 200th Street from Orillia Road to the Green River and then along 196th Street from the Green River to East Valley Highway. 3 . EXHIBITS: Public Works Committee minutes, Public Works Director memorandum and resolution 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_tLmoves, Councilmember &" wy seconds to adopt Resolution No. / taking action on the City's Final Environmental Impact Statement for the 196th/200th Street Corridor project by directing staff to proceed with the project and to obtain all necessary permits and approvals to construct the project along the preferred Alternative 'A' route. DISCUSSION• ACTION: 1C Council Agenda Item No. 4C PUBLIC WORKS COMMITTEE March 13, 1996 PRESENT: Tim Clark Don Wickstrom Judy Woods Roger LuboVlch Connie Epperly Gary Gill Tim LaPorte Traffic Signal @- S. 212th/Interurban Trail This item was moved to the next Committee_meeting March 27th. 196th/200 St Corridor Final EIS Adoption Wickstrom stated the final EIS was published and similarly with the 277th Corridor, Council needs to take official action on this and accept the preferred route and direct staff to proceed; essentially that starts the 21 day legal appeal. He stated that this will be on the next Council agenda so we can start that 21 day period. He noted that this will be brought forward to Council by Resolution. It was Committee's concurrence that this item be placed under Other Business on the Council agenda. In response to Clark, Wickstrom explained that the meeting held the previous night on this project, was regarding the County's portion of the project from East Valley Highway to Benson Highway. They had received a grant for the feasibility study which looked at alternative routes to Benson. The next step is to go to King County Council, and if Council wants to proceed they would need to fund an EIS on that portion. Committee unanimously recommended that Council direct staff to proceed ahead with the project along the preferred Alternative W. Discussion: Tim LaPorte reported that approximately 300 people were in attendance at the County meeting. LaPorte stated that he has been a member of the Technical Advisory Committee to the County on this project over the last 4 years. He said that the majority of the people were opposed to Alternative 'B' which is the one that goes along 200th Street. LaPorte said there is a signal at 192nd and one at 200th. The citizens do not want the 200th St route because of Springbrook Elementary as well as it being a quiet neighborhood; there is a potential park site and it has no continuity. If the route was brought along 192nd St it would continue east to Lake Youngs Reservoir. The 200th St alignment was added about 3 years ago and the Advisory Committee expressed concerns over that route since it didn't meet their goals. LaPorte said that the City completed an EIS on our project; the County has completed a study and their next step would be an EIS. 1 DEPARTMENT OF PUBLIC WORKS MARCH 13, 1996 TO: Public Works Committee FROM: Don Wickstromb�0 RE: 196th/200th Street Corridor Final Environmental Impact Statement The Final Environmental Impact Statement for the 196th Street Corridor was issued on February 29, 1996. The preferred alternative in the EIS is described in the document as Altemative 'A' and is essentially along 200th Street from Orillia Road to the Green River and along 196th Street from the Green River to East Valley Highway. Tom Brubaker will be present to answer questions and discuss the matter further as necessary. ACTION: Recommend that Council direct staff to proceed ahead with the project along the preferred Alternative W. M771 RESOLUTION NO . A RESOLUTION of the City Council of the City of Kent , Washington, relating to transportation and the City' s proposed South 196th/200th Street Oril.Lia Road to 84th Avenue South Corridor Project ( "Proposed Action" ) ; and directing further action on the final design and constri.zction of the Proposed Action. WHEREAS, the number of east-west arterials within of the Green River Valley and, in particu'_ar on the Kent Valley floor, is limited; and WHEREAS, in recent years, use of these east-west arterials has increased dramatically, leading to serious congestion that has impacted residences and businesses within the City and the greater Seattle region; and WHEREAS, the City must , as an urgent priority, increase east-west traffic capacity along the Valley floor in order to accommodate present and future transpertation demands created by the implementation of the adopted land use plans of the City of Kent ( "City" ) , Metropolitan King County ( "County" ) and other nearby jurisdictions and in order tc comply with local and regional concurrency requirements established under the State Growth Management Act ; and WHEREAS, additional east-west roadway capacity is necessary to mitigate existing and projected congestion on local east-west roadways , specifically including South 180th and South 212th Street ; and WHEREAS, the Kent Valley transportation system is currently severely crippled because no grade-separated crossings exist over the two mainline railroads that run north-south through the Kent Valley floor, the nearest such crossings being I-405 in Renton and 15th Street _Jr Auburn; and WHEREAS, the need for the Sour_n 196th/200th Street Corridor has been identified as early as 1984 in City planning documents , and 1987 in regional studies such as the Green River Valley Transportation Action Plan (GRVTAP) ; and WHEREAS, since 1986 , County transportation plans have listed the South 196th/200th Street Corridor as a high priority; and WHEREAS , since 1989 , the Sough County Transportation Benefit District has listed the Scuth '. 96th/200th Street Corridor as a top priority; and WHEREAS, the County' s Soos Creek Plan identifies the South 196th/200th Street corridor as a high priority; and 2 WHEREAS, the City commenced its State Environmental Policy Act ( "SEPA" ) environmental review of a major arterial running from Orillia Road to 84th Avenue South on the South 196th/200th Street corridor ( "Proposed A tion" ) in 1993 and has subjected the Proposed Action to detailed scrutiny in the form of an Environmental Impact Statement which was issued in final form on February 29 , 1996 ( "EIS" ) ; and WHEREAS , the City has complied with all applicable SEPA substantive and procedural requirement: and has sought and received substantial public participation on this matter, including receiving public testimony aid written public comments at several stages of the environmental i:eview process that led to this City Council decision on the Proposed Action; and WHEREAS, after consulting wi-.h other jurisdictions and reviewing the EIS, the Council has determined that the Proposed Action will have independent utility regardless of whether additional roadway extensions are prcvLded at some future date to the east or west of the Proposed Acticii on the South 196th/200th Street Corridor; and WHEREAS, after extensive review in conjunction with the County, the City has studied the increased use of high occupancy vehicle ( "HOV" ) lanes, other transit facilities , and Commute Trip Reduction ( "CTR" ) programs in an effcl ` to eliminate the need for construction of new corridors, and all these previous studies have established that these improveme-t- will not remove the need for the Proposed Action; and 3 WHEREAS, the Council has had an opportunity to review the draft EIS and Final E'S for the Proposed Action, in addition to the various appendices and other materials that were incorporated by reference into the EIS , including a review of the analysis of alternatives , potential environmental impacts , and possible mitigation measures for the Froposed Action; and WHEREAS , the Council recogn-zes and acknowledges the efforts of those concerned parties and public agencies who submitted extensive written and oral ccmments during the environmental review process , and further notes that the Final EIS includes additional studies and appropriate project revisions in response to their comments ; and WHEREAS, the Council has considered the potential environmental impacts and mitigating measures discussed in the EIS, and has weighed this information with other relevant considerations, including the need for east-west transportation capacity for residents, businesses and travelers to meet the growing demand and reduce existing and projected congestion levels ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS : Section 1 . The foregoing recitals are incorporated in this resolution as if fully set forth herein. 4 Section 2 . The City Council specifically makes the following findings : A. The City has complied with all applicable SEPA substantive and procedural requirements B . The Proposed Action has logical termination points at Orillia Road on the west , which borders the City' s "West Hill " and connects with I-5 and Sea-Tac Air.p( �rt- , and 84th Avenue South on the east , a major north-south arter al that leads to connections with SR-167; these are logical endpoints for the Proposed Action, whether or not future extensions to the Proposed Action are ever constructed. C . The City, in conjunction_ with the County and other local agencies, has studied the increa:=ed use of HOV lanes, other transit facilities and commute trip reduc,=n programs to determine whether this new Corridor sh<,uld be constructed, and all these studies establish that these improvements, even when fully constructed and implemented, will not remove the need for the Proposed Action. D. The City, the County and other affected jurisdictions have conducted extensive prior planning regarding local and regional transportation need:_; , and the plans and policies all support and confirm the n,:red for the Proposed Action. The EIS and its accompanying ciccuments identify in greater detail the prior planning and ,,nvironmental review that was conducted before the City commenceci .its EIS process on the Proposed Action, and, in addition, identify any subsequent environmental review that may be associated with the specific permits issued by various agencies . 5 E . The Proposed Action will carry out existing and approved transportation plans . It will alleviate a longstanding constraint in the City' s transportation system by creating additional east-west capacity for residents and businesses in the region. The Proposed Action will reduce congestion on existing arterials within the City and provide a safe, high- capacity east-west connection. F . The Proposed Action will also provide invaluable increased capacity, circulation and safe y by providing a grade- separated arterial crossing of the two -_n-Line railroads through the valley. Section 3 . The City Council hereby reaffirms its commitment to those portions of the City Comprehensive Plan that call for the Proposed Action and ratifies and confirms all decisions taken earlier in regards to the Proposed Action. Section 4 . In accordance with the City Comprehensive Plan, the City hereby grants approval for the development of a new South 196th/200th arterial, running from Orillia Road on the west to 84th Avenue South on the east , subject to future determinations following review of finc=ncing plans , final engineering plans , and all mitigation measures specified in cooperation with permitting agencies . Section 5 . The Public Works Director is authorized to take the following actions relating to she Proposed Action: 6 A. Submit applications to construct the Proposed Action to appropriate agencies for review and issuance of any necessary permits and approvals; B . Prepare a detailed financing plan for construction of the Proposed Action, including federal , county, or other appropriate funding sources . C. Retain professional services and prepare the final engineering design for the Proposed Action within authorized budget limitations . D. Finalize acquisition of all additional property necessary for the Proposed Action . The Public Works Director additionally is authorized to retain professional services if necessary to conduct the acquisition program, and all actions taken to acquire property are hereby specifically ratified and confirmed. Section 6 . The adoption of this Resolution constitutes a "final action" on the Proposed Acticr_ by the City of Kent for purposes of appeal . Notice of the adoption of this Resolution shall be provided in the manner specified by local ordinance and. applicable law. Section 7 . If any one or more sections, sub-sections , or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect . 7 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 8 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 196200.res Q DEPARTMENT OF PUBLIC WORKS March 18, 1996 TO: Mayor &z City Council FROM: Don Wickstromb(O RE: Meeker Street Sidewalk Rehabilitation Bid opening for this project was held on Monday, March 18th, with 6 bids received. The low bid was submitted by Gary Merlino Construction in the amount. of $272,337.00. The Engineer's estimate was 5369,607.26. It is the recommendation of the Public Works Director that the Meeker Street Sidewalk Rehabilitation contract be awarded to Gary Merlino Construction for the bid amount of $272,337.00. BID SUMMARY Gary Merlino Construction 272,337.00 R. W. Scott Construction 284,077.50 Michele's Trucking &--Excavating 290,327.10 GMT, Inc. 321,311.50 Orca Pacific Construction 329,510.00 Klokstad Construction 369,858.50 Engineer's Estimate 169,60726 MOTION: Councilmember fvvK moves, Councilmember 04 seconds that the Meeker Street Sidewalk Rehabilitation contract be awarded to Gary Merlino Construction for the bid amount of $272,337.00. nil(Nn' TQ5 Kent City Council Meeting Date March 19 , 1996 Category Bids 1. SUBJECT: MEEKER STREET SIDEWALK REHABILITATION 2 . SUMMARY STATEMENT: The bid opening on the Meeker Street sidewalk Rehabilitation was held on Monday, March 18. Due to the time limitations for construction on this project as requested by the merchants, the bid information is not available in the Council packets. However, the Public Works Director will submit a bid summary memorandum with detailed information on the project, as well as the recommended bid results. Essentially, the project is an on-going sidewalk repair program to replace damaged sidewalks in the downtown area. 3 . EXHIBITS• 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES_ 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: Sidewalk Fund (R33) Miscellaneous Water_ Improvement Fund (W40) and Miscellaneous Drainage_ Improvement Fund (D17) — 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that the Meeker Street Sidewalk Rehabilitation contract be awarded to _,_ for the bid amount of DISCUSSION: ACTION• — Council Agenda Item No. 5A Z� Kent City Council Meeting Date March 19 , 1996 Category Bids 1. SUBJECT: GREEN RIVER NATURAL RESOURCES ENHANCEMENT AREA 2 . SUMMARY STATEMENT: Bid opening was held on Thursday, March 14 with 7 bids received. The low base bid, including 8 . 2% sales tax, was submitted by Kiewitt Pacific in the amount of $8, 574 , 850 . 00. The Engineer' s base estimate, including tax, was $9 , 608, 160. 00. The project consists of transforming an abandoned sewage lagoon system into a stormwater treatment and detention facility while incorporating a 300-acre environmental restoration project and development of a large multi-use wildlife refuge. It is the recommendation of the Public Works Director that this project be awarded to Kiewitt Pacific for the base bid amount of $8, 574 , 850. 00 plus Additive Alternate B, Perimeter Fencing in the amount of $67 , 084 . 00 thus making the total bid award, including tax, in the amount of $8 , 641, 934 . 00. 3 . EXHIBITS: Public Works Director memorandum and vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES_ _ 6 . EXPENDITURE REOUIRED: $8 , 641 , 934 . 00 SOURCE OF FUNDS: Valley Detention Project Fund (D36) 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember_ ' Z seconds that the Green River Natural Resources Enhancement Area contract be awarded to Kiewitt Pacific for the total bid amount of $8 , 641, 934 . 00, inclusive of 8 . 2% sales tax. DISCUSSION• -- ACTION: Council. Agenda Item No. 5B DEPARTMENT OF PUBLIC WORKS March 14, 1996 TO: Mayor & City Council FROM: Don Wickstrom RE: Green River Natural Resources Enhancement Area Bid opening for this project was held on Thursday, March 14th with 7 bids received. The base low bid was submitted by Kiewitt Pacific of Vancouver, Washington in the amount of $8,574,850.00. The Engineer's base bid estimate was $9,608,160.00. It is the recommendation of the Public Works Director that the Green River Natural Resources Enhancement Area contract be awarded to Kiewitt Pacific for the base bid amount of $8,574,850.00 plus Additive Alternate B, Perimeter Fencing in the amount of $67,084.00. All bids include sales tax. BID SUMMARY Base Bid Alternates Total IGewitt Pacific 8,574,850.00 67,084.00 8,641,934.00 Robison Construction 9,427,574.20 75,740.00 9,503,314.20 L &zH Grading 9,610,324.00 82,232.00 9,692,556.00 Wilder Construction 9,712,770.00 91 ,970.00 9,804,740.00 Tri State Construction 11,5 71 ,124.40 67,192.20 11,638,316.60 M. A. Segale 12,321 ,816.00 73,576.00 12,395,392.00 Scarsella 13,785,762.00 62,215.00 13,847,977.00 Engineer's Estimate 9,608,160.00 121 ,000.00 9,729,160.00 MOTION: Councilmember moves, Councilmember seconds that the Green River Natural Resources Enhancement Area contract be awarded to ICiewitt Pacific for the total bid amount of $8,641 ,934.00 DRAINAGE I, OUTFLOW TO GREEN RIVER �• ACCESS/PAA KING 1. / • . BYPASS CHANNEL OUTLET� � ,• �` O CONTROL STRUCTURES l 9. �" -S: -216TH ST.- y. ���,��•,,,, ��1<1 KING cc ANIMAL SHELTER < ; BYPASS ABOR ATORYIROOF LOOKOUT • '_r' :i�_ �*4 ���� .:^r-_ �h Y Y�,^� �~{._�DRAIH AGE INFLOW �CONTRGL �y^``• p �' �:. A �/ �% �I Cn FILTRATION BERM' ul FUTN -\ FoRESAY / 5 ACRE / 1 ((( /PRETREATMENT „} I 6r � POND 4 _ ` �C i.• ® PUGET POWER LINE { ,(�I�,- • •>� c Ap oo�� r _tooKou7 ACRE PRETREATMENT 1.5 POND FOREBAY � N N W' U INFLOW I a S. 226TH ST. ui J INFLO F figure 31. THE PREFERRED PLA 'V COMBIN STORMWATER DETENTION/WETLAND I A 91 ACRE PRETR�ATM)ENTPOND 60 CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT--- . B. OPERATIONS COMMITTEE___ / C. PUBLIC WORKS COMMITTEE _.. D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS____ OPERATIONS COMMITTEE MINUTES MARCH 611996 COMMITTEE MEMBERS PRESENT: Leona Orr - .Acting Chair, Jim Bennett, Tim Clark for Jon Johnson STAFF PRESENT: Laurie Evezich, Brent McFall, Mav Miller, Kelli O'Donnell MEMBERS OF THE PUBLIC: None. Committee Acting Chair Leona Orr called the meeting to order at 4:30 P.M. Approval of Vouchers: All claims for the period ending February 29, 1996, in the amount of $1,761,499.00 were approved for payment. International Trade/Foreign Relations Resolution Tim Clark stated that the proposed resolution would provide stability when entering agreements and address financial concerns. Director of Operations Brent McFall stated that he had no problem with the proposed resolution noting that these agreements are always put through for Council approval anyway. Acting Committeemember Clark moved to recommend the resolutions adoption as written; Bennett seconded and the motion passed 3-0. January Financial Report Director of Finance May Miller reviewed the January Financial Report with the Committee. During her review of the Operating Funds on Page 1, May noted that the cost of the recycling program is not keeping up with revenue. McFall noted that this was expected at the outset of the program and will need to be addressed. Orr asked if the Meridian Annexation will need to be added into the recycling program. McFall responded that the area may maintain their current franchise for up to five years. The area is served by another subsidiary of the citv's franchisee. He noted that the city has been approached by Rabanco but any agreement would have to take into account the costs of the recycling program. Bennett asked where the city is in achieving the goals set by King County. McFall replied that he would have to check. Clark inserted that he had been asked by citizens of the Meridian Annexation if there is an option of paying in advance for the drainage fee. The fee is about $1.91 a month which is a small amount for citizens to write a check for. May Miller stated that Customer Services can change that if requested. While continuing the financial review, May noted that the Criminal Justice fund received five payments in 1995 instead of the normal four. Under Capital Projects she noted the golf course had too much transferred out and will be adjusted due to low revenues last year. On page two May noted the diversity of investments. A discussion followed regarding security procedures for funds transfers. On page eight May explained that the majority of general fund revenue is received in April, May, June and September, October, November. Sales tax revenue was 8% over budget in February or 3.4%cumulative with the RJC sales tax backed out, pages 11 and 12. On page 13 Miller noted that half of the sales tax revenue was received from wholesale and retail with services and manufacturing down. McFall noted that the manufacturing sales tax exemption resulted in the city budgeting $400,000 less revenue for 1996. He stated that this area will need to be watched closely through the year. OPERATIONS COMMITTEE MENi TTE S MARCRA- 199-6,Cant•--- _--- Miller continued her review noting on page 18 that at the next meeting a budget change will be brought to the Committee for the Annexation budget. She explained that the population had been estimated at 20,000 but had actually been 14,500. In the recreation fee area, the estimate for new revenue had not considered that the city has already served a large portion of the new residents in this area. During review of the golf revenue, McFall stated that in the future the operating budget may be built around revenue from March through November with any revenue collected in the low season utilized for projects. On page 26 May pointed out that there will be a two month lag in collection of the new utility tax while the utility companies implement the new tax. During a discussion of the equipment rental fund, Brent explained that the equipment pool had been analVZed and procedures put in place to maintain inventory and fleet control. Additionally rates have been lowered and the life extended for vehicles and equipment. May added that a users group had also been formed. McFall stated that timing is also a factor since the city has only one opportunity a year to purchase vehicles through the State. May concluded her review of the financial report. There being no further business, Acting Chair Leona Orr adiourned the meeting at 5:22 p.m. Pave 2 CITY OFlu, BRENDA JACOBER J (Please put in Council agenda packet) Jim White, NiTavor CIT `CO_VNCIL--- _ PLANNING COMMITTEE MINUTES February 20, 1996 Planning Committee Members Present: City Attorney's Office Leona Orr, Chair Laurie Evezich Tim Clark Jon Johnson Planning Staff Jim Harris, Planning Director Fred Satterstrom, Planning Manager Kevin O'Neill, Senior Planner Cyndi Wells, Administrative Secretary Other Rodger Anderson. Seattle King Countv Association of Realtors PROPOSED AMENDMENT TO POTENTIAL ANNEXATION AREA (J. Harris) Planning Director Jim Harris met with the City of Renton staff regarding the potential annexation area boundaries between the two cities. Both jurisdictions agreed to the primary changes outlined below: 1. Move Kent's PAA boundary north from SE 196th Street to SE 192nd Street. 2. Move Kent's PAA boundary easterly, along SE 200th Street from 106th Avenue SE to 108th Avenue SE. 3. Move Kent's PA boundary westerly along SE 200th Street from 92nd Avenue S. to the westerly side of the Valley Freeway (will entail a future deannexation of Kent's area and annexation to Renton). 4. Move Kent's PAA boundary at SE 192nd and extending northerly to SE 180th where it lies just easterly of the Valley Freeway, westerly across the freeway (this will also entail a future dearnexation of Kent's area and annexation to Renton. Council member Tim Clark MOVED to accept the potential annexation area boundary changes as outlined by staff and send this item to the %larch 5, 1996 Cir. Council meeting under other business. The motion was SECONDED by Council member Jon Johnson. The motion carried. '_'_0 Ith AVE.SO.. /KEAT.WASHINGTON 98034-5895/TELEPHONE (106i850-3300/FAX x 359.3331 Planning Committee Minutes February 20, 1996 Page 2 AMENDMENT TO KENT CITY CODE CHAPTER 11.02, ENVIRONMENTAL REVIEW AND COMMUNITY IMPACT MITIGATION (SEPA) - (J. Harris) Mr. Harris explained the need to update Chapter 11.02 of the Kent City Code that is used to condition a Declaration of Nonsignificance related to the SEPA process. Mr. Harris outlined the staff recommended changes as presented in the February 14. 1996 staff report. Council member Clark MOVED to adopt the amendments to Chapter 11.02 of the Kent City Code as outlined in the February 14, 1996 staff report and send to the City Council on March 5, 1996 for a public hearing. Council member Johnson SECONDED the motion. The motion carried. KING COUNTY POLICIES AMENDMENT - RATIFICATION BY CITIES (F. Satterstrom) Planning Manager Fred Satterstrom explained the proposed ratification of Countywide Planning Policies. The first issue is an amendment to allow either the 1987 or the 1989 Federal Manual to delineate wetlands. The second issue to be ratified is an amendment to the boundaries of the Urban Growth Area for the City of Renton. This area is well outside of any City of Kent's interest area. Mr. Satterstrom recommended the Committee approve these changes and send these items to the City Council. Council member Johnson MOVED to adopt King County Countywide Policies Amendment - Ratification by Cities and send a final Resolution to the City Council for approval under the consent calendar. Council member Clark SECONDED the motion. The motion carried. POTENTIAL DOWNTOWN ZONING AINIENDMENTS Mr. Harris explained that the Downtown Commercial (DC) zone does not allow drive-in facilities. Cascade Bank is trying to relocate their branch within downtown with the complication that the DC zone does not allow drive-in facilities. Mr. Harris explained an additional potential downtown zoning amendment relating to the number of taverns in the downtown area. Council member Clark questioned if this was pursued because of an increase in crime. Mr. Harris explained this issue originated from the Mayor in August 1995. Mr. Satterstrom explained another option for Cascade Bank would be to request a rezone from DC to DCE which would allow the drive-up banking. Chair Orr questioned the time frame for a rezone. ADJOURNMENT The meeting was adjourned at 4:50 p.m. C:\USERS\DOC\PCOM\MINUTES\PCO0220.MIN PUBLIC WORKS COMMITTEE March 13, 1996 PRESENT: Tim Clark Don Wickstrom Judy Woods Roger Lubovich Connie Epperly Gary Gill Tim LaPorte Traffic Signal o S. 212th/Interurban Trail This item was moved to the next Committee meeting March 27th. 196th/200 St Corridor Final EIS Adoption Wickstrom stated the final EIS was published and similarly with the 277th Corridor, Council needs to take official action on this and accept the preferred route and direct staff to proceed; essentially that starts the 21 day legal appeal. He stated that this will be on the next Council agenda so we can start that 21 day period. He noted that this will be brought forward to Council by Resolution. It was Committee's concurrence that this item be placed under Other Business on the Council agenda. In response to Clark, Wickstrom explained that the meeting held the previous night on this project, was regarding the County's portion of the project from East Valley Highway to Benson Highway. They had received a grant for the feasibility study which looked at alternative routes to Benson. The next step is to go to King County Council, and if Council wants to proceed they would need to fund an EIS on that portion. Committee unanimously recommended that Council direct staff to proceed ahead with the project along the preferred Altemative 'A'. Discussion: Tim LaPorte reported that approximately 300 people were in attendance at the County meeting. LaPorte stated that he has been a member of the Technical Advisory Committee to the County on this project over the last 4 years. He said that the majority of the people were opposed to Alternative B' which is the one that goes along 200th Street. LaPorte said there is a signal at 192nd and one at 200th. The citizens do not want the 200th St route because of Springbrook Elementary as well as it being a quiet neighborhood; there is a potential park site and it has no continuity. If the route was brought along 192nd St it would continue east to Lake Youngs Reservoir. The 200th St alignment was added about 3 years ago and the Advisory Committee expressed concerns over that route since it didn't meet their goals. LaPorte said that the City completed an EIS on our project; the County has completed a study and their next step would be an EIS. 1 Meeker Street Sidewalk Project Wickstrom said that we will have the bid opening on this project on Monday, March 18th. He said our estimate for Meeker St from 4th to 2nd Avenues is $500,000. This includes rebuilding all the sidewalks, replacing trees, installing tree grates and installing the future foundations and footings for street lights similar to those on 1st, We have about $425,000 including miscellaneous drainage improvement funds; we are $75,000 short. We have left-over funds in the East Valley Highway project which we would like to transfer into this project. He said the property owners and businesses want this project constructed at this time of the year Committee unanimously recommended that Council authorize the transfer of$75,000 from Fund (R68) to Fund (R33) for the Meeker Street Sidewalk project. Don noted that this bid opening will be on Monday, the 18th and will be on the Council agenda for award on Tuesday, the 19th. The construction should be completed by the end of May. Central Puget Sound Public Transportation Account Grant Wickstrom stated that we received a grant from METRO. This is a $120,000 project which involves placing and rebuilding bus stops in accordance with ADA, in various locations throughout the City. The Transit Advisory Board will determine which ones we will address. He said that at this time, we need to accept the grant, and execute the agreement. Committee unanimously recommended that upon the City Attorney concurring with the language, authorize the Mayor to sign the Metro agreement, accept the grant and establish a budget for same. Street Vacation - Southeast 266th Street Wickstrom stated that this is a vacation in the Meridian Annexation area for a "paper" street. He noted that this is standard practice in that we have received a legitimate petition signed by 75% of the fronting property owners; we have brought it to this Committee to set a Public Hearing. Wickstrom noted that the only issue here is that there is a piece of wetland that is included in the street right of way which is part of a regional detention pond which we will address when we address the condition of the vacation. Committee unanimously recommended adopting a Resolution setting the hearing date for the SE 266 St. street vacation. Tames St/S 212th Street Overlay3 Wickstrom stated that this is before the Committee because the project is 10% over the contract cost. He explained that this project exceeds the bid amount because the project involved overlaying and reconstructing S. 212th St from the Green River Bridge to 42nd Avenue and James St., from 2 West Valley Highway to Kennebeck. On S. 212th there was a portion that we did not include in the contract where we had all that settlement and reconstruction on the corner. Rather than advertising for separate bids, since this original overlay contract was carried thru the winter, we added it to the original contract as a Change Order and the contractor completed the whole project. Wickstrom said that we did the same thing with the RJC area; we had the separate contract to widen and install a bike lane. Again, because the overlay contract was already bid, we had it done in one piece. Committee unanimously recommended that the James StJS. 212th Street Overlay project be accepted as complete. LID 345 - S. 218th Street Wickstrom stated that this is more of an information item for the Committee with no action required. We are following the LID procedure steps. We are proposing to be out to bid on March 26th; we want to close the LID before we award the contract. He said that this will be on the agenda as a Public Hearing item on April 16th for the final assessment roll. Roadway Improvements on Canyon Drive & Ben on Highway (DOT Agreement) Wickstrom said that the state is going to overlay Canyon Dr. from Jason to Benson and portions of SR 516 thru the City. Under the State Transportation rules, we are required to pay for the traffic buttoning. The State has already awarded the contract and they are pressuring us to get this agreement signed. However in developing their contract, they did not do want we had wanted as part of their contract so we are not ready to sign. Wickstrom said that because they have awarded the project, we are asking for authorization for the Mayor to execute the agreement subject to mine and the City Attorney's concurrence. The cost for this is about $65,000 which we will take out of our annual asphalt overlay program. Committee unanimously recommended authorization for the Mayor to sign the DOT agreement, subject to approval of the Public Works Director and City_ Attorney for striping and pavement markings on Canyon Drive & Benson Highway. Special CollectiQn/RecyclinE Events - Grant Wickstrom said that we provide two city-wide household hazardous waste collection and recycling events and they are paid for by Seattle King County Health Dept. We have received a grant for those events and we need authorization for the Mayor to sign the Memorandum of Understanding, accept the grant and establish a budget. Committee unanimously recommended authorization for the Mayor to sign the Memorandum of Understanding, accept the grant for $14,088 and establish a budget. Concurrence Ordinance - Amendment 3 Roger Lubovich stated that this ordinance was discussed at the last Committee meeting and since that time he has reviewed it again and has made a change, which he discussed with the Committee, regarding language confusion. He said that basically it has to do with payments for mitigation and the construction time frame for mitigation required for concurrency. Committee unanimously recommended approval to amend the Concurrency Management Ordinance as proposed by the City Attorney relating to the payment for, and timing of, improvements for mitigation concurrency. Meeting adjourned: 4:45 P.M. 4