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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/05/1996 a h i a 1a� �+MNr .# t , +rv3ar f tii'i}rL^ }r.: 11�+ir flNa o f tlF�frNt# i + q+ i 5 66 f, ii { .- 4 1 FR II ' 1,0j rWfia Kf ! E i i e f { i r I° I , Y} +Iis t It tifr',�� y + q IP L }y+llfCilp ;VET `. yypl{{ ��M.p�> !}�� 1 5t "1 "' t ' + fif L IrVpt ii a ',yy r i�yl ^i i' i'3 1 1 kl�l jq '' —. �,. '1 f r, �11 I'It s't r�li}' };�d+ 1 ,t rl i i '�.E9t, { .. Vi. a ii �i. s s !(, .ti•n' 1Fed �a) _'1E}i!a i r 1 E},1 .f }7i 31i}+, i 491rr �!^1�t �l<1 !$1 l+yt p i}+�II��i 1 +,V+ afl r r + f +a I @ Ix 3S{ r ! iShir '.If , i 11N ik i I atJ i d t I; Y ° rlt I !i 6 Iv ttlp,SE 4 1° i ILi 1 r l d #, n ,r fi r Ire t ', r } . }I t f r ,t Ili t( L { 1 �1#eH�21j'�tt�l�l71 f. 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"° Vt P, a ! { 1+ } tNeNIN7171111ftp1H11i1MHH111I'R+1 FII11MNN.t1!1l+li :HiklMlltE.. ,' a�$4tt iNStl:Y71111Wi1W 3. �,wu[IDut,n I6FL'SlNkelllMEi0.!L'i70Ntl�P1iNfIMAfitl11NHI4t1N11!7!' r'n k4r CITY OF SUMMARY AGENDA KENT CITY COUNCIL MEETING March 5, 1996 Council Chambers 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 Principal of Park Orchard Elementary and Student Council B. Employee of the Month C. Introduction of Mayor' s Appointee l' D. Greater Kent Historical Society Presentation E. King County Open Space Bond Issue Report F. Legislative Update G Jji PUBLIC HEARINGS �. .A. Term Limits for Mayor and City Council - Or Amendments to Kent City Code Chapter 11. 02 - Environmental J Review & Community Impact Mitigation (SEPA) - Ordinance 3 . CONSENT CALENDAR A. Approval of Minutes -B. Approval of Bills C. Modifications to Parking Stacking Space - ZCA-96-1 - 7 Ordinance D. Home Facsimile Machines & Phone Lines for City Council - Budget Change X. Appointment to Kent Library Board =F. Council Absence H 5 8 G. Designation of Agent for Disaster Recovery - Resolution -H. King County Countywide Policies Amendment - Ratification by Cities - Resolution I 5 1 Amendment to Potential Annexation Area (PAA) J. Titus Street Storm Rebuild - Acceptance (� K. 1995 Asphalt Overlay - Acceptance L. Lake Meridian Ridge Condos - Bill of Sale M. Solid Waste Collection Services Addition _ N. Downtown Sidewalks Rehab. - Phase II - Acceptance 0. GMA Concurrency Ordinance - Set Hearing Date P. Kent Shuttle Service - Resolution lq� O Q. Covington Mini-Storage Lease R. Boating Regulations - Ordinance r 4 . OTHER BUSINESS v A. Sister City Agreement with Norway Authorization B. City Council Rules - Resolution �-�(p � C: School Impact Fees - Amendment to the Kent Comprehensive Plan to Adopt Schools Capital Facilities Plans CPA-96-1 - C�ti Ordinance 3a8( (Continued) CITY OF dllc,?�BIT SUMMARY AGENDA (Continued) V 4 . OTHER BUSINESS - CONTINUED D. Kent Zoning Code Amendment - Hazardous Substance Land Use Facilities Setbacks - ZCA-96-2 l - E. Land Use & P anning Board - Ordinance Tr A s \Cw� 5. BIDS P(�I A. Ditch Cleaning along North Side of S. 212th 6. CONTINUED COMMUNICATIONS 7 . REPORTS EXECUTIVE SESSION 1) Potential Litigation 2) 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 TDD relay service call 1-800-635-9993 or the City of Kent (206) 854-6587 . PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Introduction of Principal of Park Orchard Elementary and Student Council B) Employee of the Month C) Introduction of Mayor' s Appointee D) Greater Kent Historical Society Presentation E) King County Open Space Bond Issue Report F) Legislative Update 0� Kent City Council Meeting Date March 5 . 1996 Category Public Hearings 1. SUBJECT: TERM LIMITS FOR MAYOR AND CITY COUNCIL 2 . SUMMARY STATEMENT: 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. 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 G 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: v � OPEN HEARING: �! 4 PUBLIC INPUT• CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance N establishing term limits for the Mayor and City Council. DISCUSSION• ACTION: Council Agenda Item No. 2A 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 compensation . WHEREAS, the city Council , in reviewing its operations as the legislative body for the City of Kent , has considered the issue of term limits for City Council 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 : TEPM LIMITS SECTION 1 . Chapter 2 . 01 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 January 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 to 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 2 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 . city council meetings . 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 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 shall be 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 business 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 appointment consecutive terms 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 art of the term limits established herein. 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. Tjntij 1 pesitien ef 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 Sec . 2 . 02 . 020 . . Term Limits for Mayor. Un t- T-a-canua 1994 , 1..7; .- i, t- l - _i, 4 Y , 1_ 9 _ 1 s e e t i e nsirall l have n e—f=ere e an el f t e t No person may serve as Mayor , whether by election or by appointment consecutive terms which exceed twelve (12) years . Terms nraviously served or terms currently being served on the effective date of this provision shall not be counted as part of the term limits established herein . See 2 . 02 . 930 . Amount of aaelst' ___, mY_ _t; _, _ shall be entitled shall net eHeeed twei'-by fzye ciellars ($2 9G ) per fne—n.g. Sideic, payment shall net be t, l 5 See . 2 . 02 A4A s - eefflpen s- _ _.. , Eelf atten�_.anee at v ._ -- ve he pai� meet�ny e€4ee t SECTION 3 . If any one or more sections , sub-sections , or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect . SECTION 4 . This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST : BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM : ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 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 Lenin.cr+� '7 7Lj 3 ent City Council Meeting kjAA c i. � • gate March 5 ,. � s C O�r ategory Public Hearings I/ 0Z �� CHAP ''ER � 7NITv ''ACT MI MITIGATION • x'J 'ttee ,t ordinance. 3 . EXHIBITS: Memo, ordinance, City Cou. 4 Committee minutes of February 20 , 1996 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: CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance No. amending the Kent City Code, Chapter 11. 02 , Environmental Review and Community Impact Mitigation (SEPA) as outlined in the staff memo and recommended by the Planning Committee. DISCUSSION: ACTION: Council Agenda Item No. 2B w7vr CITY OF ,!Q\,1!2 f CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 Jim White, Mayor MEMORANDUM March 5, 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 .02, ENVIRONMENTAL REVIEW AND COMMUNITY IMPACT MITIGATION (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 43.21 C.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 .02, Environmental Review and Community Impact Mitigation, permits the Responsible Official (Section 1 1 .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 43.21 C.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 by the Kent City Council by Ordinance 3222 and its specific components,and elements ineluding but iget ii iied to the e s! hill 1104th AVE.SO.. /KENT.W'ASHINGTON 98032-i,y9i/TELEPHONE l206)S�9-33110/FAX#859-3,,-1 To: Mayor Jim White and City Council Members RE: Amendments to the Kent City Code, Chapter, 11 .02, SEPA March 5, 1996 and as affie"ed including all amendments thereto. b. Shoreline master program 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. 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, 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 2-369 2829 and 2329 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 31 17) 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 14.0-7 9 and including all amendments thereto. k. Subdivisions Kent City Code chapter 12.04 and including all amendments thereto. I. Mobile home parks, Kent City Code chapter 12.05 and including all amendments thereto. 2 To: Mayor Jim White and City Council Members RE: Amendments to the Kent City Code, Chapter, 11 .02, SEPA March 5, 1996 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 City Code title 15 and including all amendments thereto. r. Recreational vehicle park eede, Kent City Code chapter 12.06 and including all amendments thereto. S. Water shortage emergency regulations, Kent City Code chapter 7.13 and water conservation ordinance 2227 and including all amendments thereto. Q. 'd t. Required public improvements, Kent City Code chapters 6.02 and 6.03 and including all amendments thereto. V U. Storm and surface water utility, Kent City Code chapter 7.05 and including all amendments thereto. w v_. Storm drainage policies (Feselution numbers 920 and O37 ordinance number 2547) and including all amendments thereto. w. Six-year transportation improvement plan (resolution number 1020 1444 and including all amendments thereto. y x. Comprehensive sewerage plan (resolution number 915) and including all amendments thereto. -z v. Fire master plan (ordinance number 251 1 ) and including all amendments thereto. Z. Wetlands Management (ordinance 3109) and including all amendments thereto. 3 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 condit-ions on a Declaration of Nonsignificance ; and WHEREAS, pursuant to RCW 43 . 216 . 060 the authority to place conditions on a propsal must be 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, 1 THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : SECTION I . 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 approval 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 writing; 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 D . below and identified in writing in the license or other decision document . D . The city designates and adopts by reference the followina 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 citi2ens 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 undesirable and unintended consequences ; d. Preserve important historic, cultural and natural aspects of our nat'onal 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 permit high standards of living and a wide sharing of li.fe ' 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 to 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 , ordinances , and resolutions : a . The citywide comprehensive plan as prepared and adopted pursuant to the State Growth Management Act and adopted on April 18 1995 by the Kent City Council by Ordinance 3222 (i-eseli:rtien and its specific components , and elements ne t --.et to the—tea 4� : , , , an (i—es-e-lut4men nuffibc-- the wester}-' plan (r-eselttt4w—n 8=5),the h ss d et ; etyre (r__seltd n 1 F _ p---e sel�a=z=i3 numb 8 7-3 and-9-z--T, and afnenEiea including all amendments thereto ID. Shoreline master program ;Tselut=en as adopted by the Washington State Department of EcoloQV on June 16 1992 and as adopted by the Kent City Council on July 21 1992 by Ordinance 3056 and including all amendments thereto C . The surface water and drainage code, Kent City Code chapter 707 and including all amendments . thereto. 5 d. Underground installation of electrical or communications facilities, .,ae:i, .,=,.e .,,-G==au 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 2329 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 . 04 9 and includina all amendments thereto . k. Subdivisions Kent City 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 includina 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 ee4e, Kent City Code chapter 12 . 06 and including all 'amendments thereto . S . Water shortage emergency regulations , Kent City Code chapter 7 . 13 and water conservation ordinance 2227 and including all amendments thereto . 7 �r t . Required public improvements , Kent City Code chapters 6 . 02 and 6 . 03 and includina all amendments thereto . u . Storm and surface water utility, Kent City Code chapter 7 . 05 and includina all amendments thereto . w v. Storm drainage policies (=-e e! `�ien ndffflee��9 924 and 9��7 ordinance number 2547) and includina all amendments thereto . H w. Six-year transportation improvement plan (resolution number —29 1444 and including all amendments thereto . y x. Comprehensive sewerage plan (resolution number 915) and including all amendments thereto . 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 6 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 effects . SECTION 3 . Effective Date . This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval , and publication as provided by law. JIM WFITE, MAYOR ATTEST : BRENDA JACOBER, CITY CLERK 0 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 1C 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 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\MrN-LJTES\PCO0220.MIN CONSENT CALENDAR 3 . City Council Action: Councilmember moves, Councilmember seconds that Consem Calendar Items A through R be approved,. Discussion `s 1 Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 20, 1996. 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 . 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 Council Agenda Item No. 3 A-B Kent, Washington February 20, 1996 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Epperly, Houser, Johnson, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Parks Director Hodgson, and Finance Director Miller. Approximately 25 people were in attendance. PUBLIC Introduction of Mayor's Appointees. Mayor White COMMUNICATIONS introduced Peter Mourer as his appointee to the Drinking Driver Task Force, and Brad Bell as appointee to the Human Services Commission. Regional Justice Center Update. Wendy Keller, Project Director, noted that the Regional Justice Center is exactly one year away from opening. She pointed out that the roof has already been put on one of the fourteen detention housing units. She explained that the borrowed light concept was done where the light comes in through the exercise yard and through the front of the cells so that even on a gray day the weather can be determined. She noted, however, that no one can look through a window to observe who is walking by the area. She also noted the steel framing is being done in the Facilities and Support section, that the second level is under construction in the Detention Administration area, that the brick facade is being done in front of the Courts Building, and that the top of the dome has been put up. Keller explained that the project is still on schedule after nine months of construction, but that the Contractor has made a claim for some days due to the heavy rains in November, the 55 mph wind day in which the site was closed down and everything was tied down, and the freeze. She noted that the concrete suppliers froze up delaying a couple of very important slabs that needed to be poured on the steel floors of the courthouse. She explained that a formula was created and an agreement made which allows the Contractor thirteen additional days, and that the opening for the Regional Justice Center which was scheduled for February 14 , 1997 will probably open on February 26th based on the contract ad- justment. She noted, however, that the thirteen additional days are not compensable days so it. will cost the Contractor to run these additional days and that he may not use all of them. 1 February 20 , 1996 PUBLIC Keller noted that the scope of the project has COMMUNICATIONS not been changed and that the budget has not been exceeded. She explained that five change orders have been processed with $50 , 000 being spent which is very minimal. She noted that the only unusual issue to come up is parking for the construction crew, but that an agreement is currently being worked out between the construc- tion company and the City. She also noted that when the issue first came up it was taken to King County and that 100 slots were obtained from the Metro Lot for parking. Upon Mayor White' s question, Keller explained that the large mound of dirt in the foreground of the Courts Building is the last bit of dirt that was used for the preload site and is serving as an area where the additional top soil can be stored until it is spread. She noted that the front walk is currently being preloaded and that there are two intersecting walks where this dirt will be used. Keller also noted that the reason the dirt is covered up is to avoid erosion issues. Asia Pacific Trade Exchange Report. Barbara Ivanov, Executive Director of the Chamber of Commerce, noted that the Asian company delegates are from mainland China, Taiwan, Singapore, Malaysia, and Indonesia. She noted that the Trade Exchange was held on November 1st and 2nd at the Red Lion Sea-Tac Hotel, and that there were over 450 business people hosted both from the United States and Asia during this event. She explained that, in addition to the ceremonial pieces of the exchange, there is also real business that takes place. Ms. Ivanov noted that there were over 70 U. S. companies who participated this year with a very strong manufacturing delegation of which over 20% of the companies involved are headquartered in the Kent Valley. She explained that these com- panies do not include the regional companies such as Boeing Company or banks who count Kent as one of their sites. She pointed out that the real heart of what goes on is the business people from all over the world joining together in the Kent Valley looking to actually conduct business with small and mid size companies that are becoming export ready or are looking to grow their markets internationally. She noted that this was the 2 February 20, 1996 PUBLIC most successful Asia-Pacific Trade Exchange. She COMMUNICATIONS explained that in 1993 there were 38 new business relationships created, in 1994 the expansion continued and saw over twice the number of exhibitors from the prior year, and in 1995 it resulted in over 190 immediate trade leads generated with more than $6 , 000, 000 in immediate trade sales commitments made. She stated that participation in Kent-based companies were double the size as in 1994 due to the effort of the Kent Chamber to make sure the Kent Valley was strongly represented. Ms. Ivanov noted that the ribbon cutting ceremony for the Foreign Trade Zone took place the second day of the event, and that this zone is a strong piece of what can be offered in the Kent trade and transportation corridor, as it may become known. She noted that the Apex Company, which has its roots in the Alexander Trading Company, is using the opening of the Foreign Trade Zone as an integral part of their business plan when looking for financing and expansion. Scott Jackson, Tradec, expressed appreciation to the Mayor and Council for their involvement, leadership and sponsorship of this annual pro- gram. He explained that the material distributed to Council tonight has three basic documents for review which are the evaluation report, trade and transportation concept paper which tries to com- municate things happening in the Kent Valley, and an overview of the 1995 program. Jackson pointed out that one very important success for this year is that Washington State is beginning to understand the true capacity and activity of the Kent Valley in terms of trade and transportation, as well as helping to build our communities trade and transportation priorities with the understanding that those are also the State' s priorities. He noted that the continuing effort of the Council to meet with key stake holders, both public and private, has been critical in helping private industry gain recognition that wasn't there before, along with real business. He commented that there have been several very significant developments in the planning and preparation for 1996 . He noted that a very extensive review process was done led by the Kent Chamber and a futures group. He applauded Barbara Ivanov and the Kent Chamber 3 February 20, 1996 PUBLIC of Commerce Board for making a real effort to COMMUNICATIONS look at the program in terms of the long-term sustainability as well as making sure the sponsorship is safeguarded by increasing private sector financial participation. He noted that the Chamber has also looked at how the program is built in two very important ways as follows: 1) more focus and concentration on the Kent Valley with Kent businesses the first and fore- most priority; and 2) taking a look at how the Asia-Pacific Trade Exchange programming and promotional materials are integrated into sister city relationships. (REMOVED BY OPERATIONS DIRECTOR MCFALL) King County open Space Bond Issue Report. Operations Director McFall requested that this item be removed from tonight' s agenda and re- scheduled for the March 5th meeting. He noted that the representative from the Open Space Committee is not available this evening. Legislative Update. Arthur Martin, Governmental Affairs Manager, noted that the legislative session has shifted into a very unusual time with many bargaining chips on the table. He explained that some pieces of legislation with fiscal impacts on cities are on hold while the House and Senate versions of the budget, which are about $1451000, 000 - $165, 000, 000 apart, are negotiated. Martin explained that the bill which would allow the levy to be 106% or inflation, whichever is lower, is in the House version of the budget only, and that many feel the Senate will hold fast. He noted, however, that the Senate has a number of social issues in their budget which are strong concerns and that he anticipates the levy issue will pass in order to get the social spend- ing requested. He noted that the other bills, such as the rewrite of Ref. 48 - property rights, have died. He explained that the bills arrived at the Senate, but then Sen. Mary Margaret Haugen said a hearing would not be held so the bills died along with the lobbying issues where the Mayor would represent the City. Martin explained that all of the issues that were adversely going to affect the cities are gone for this session, but that they will appear again next year. 4 February 20, 1996 PUBLIC Martin explained that the one issue which was not COMMUNICATIONS anticipated during the negotiating process with the Regional Justice Center was parking for the construction crews during the construction phase. He noted that the City and County have gone back into negotiations and that they are close to an agreement which would give the City between $30, 000-$40 , 000 for parking in City facilities while the site is under construction. He also noted that an agreement has been reached on an adjustment where the City had not anticipated the cost of some equipment on the Police Enforcement Van for the truck weights and that the scale agreement was received today. Report on Flooding. Public Works Director Wickstrom noted that the worst area hit in the City was located by the "S" curve on Central Avenue in front of Carpinito Brothers which was a result of internal flooding by the Mill Creek. He explained that the worst day came on Thursday morning when the Drainage Maintenance Supervisor advised him that the river was going to run at 11,700 cu. ft. per second for seven days and that 12 , 000 cu. ft. per second is the maximum that the river can carry without overtopping the dikes. He noted that one of the inspector' s had seen part of the levee going into the river by Signature Pointe, and that another part of the levee was lost during the December storm when about 4 , 000 feet of bank slid into the river. He noted that the City was declared to receive FEMA money to replace the levee. He informed the Council that the river hit 12 , 500 cu. ft. at one point but is slowly receding. Wickstrom explained that the rainfall during the January, 1990 storm was 2 . 83 inches in one day, in April of 1991 it was 2 . 2 inches followed by 1. 84 inches resulting in two days of heavy rain- fall, and that this storm, with several gauges located throughout the City, recorded 3 1/4 inches in one day on the East Valley Highway in the Springbrook area. He noted that King County had a gauge located out by the Lake Meridian Shopping Center on the detention facility which hit 4 . 4 inches in one day. Wickstrom noted that the 100-year storm event projected to occur every 100 years is 3 . 9 inches in a day, just to give the Council an idea of how this storm measured up. He noted that there was a great amount of water to deal with and that eight-men crews were 5 February 20, 1996 PUBLIC running twenty-four hours a day on Thursday, COMMUNICATIONS Friday and Saturday, but was reduced to four-men crews for Sunday and Monday. He commended the Fire and Parks Departments for helping to fill and distribute over 3 , 000 sandbags. Wickstrom noted that about $80, 000 was spent for manpower, labor, equipment and tools. He ex- plained that the main valley interceptor, the sewer interceptor that runs through the valley services all the way from Auburn to the Renton Treatment Plant, was backed up and overflowing in various locations . He noted that the water sources at Clark Springs and Jenkins Creek were one inch from going into the City' s intake system which is the overflow system for Kent' s water, and that it had to be shut off requiring the system to run off the treatment plant at 212th. He explained that that system is back online without any major problems, and that the City was extremely fortunate in terms of damage to the system. He explained that there were four slides involving apartments, one on the lower West Hill, three on the lower East Hill, but that there were no major road blowouts. He noted that there was some minor erosion control or ditch shoulder work damage that is already in the process of being repaired and that the big expense to the City appears to be the cleaning out of the Earthworks Park or the presettling pond above the Earthworks Park which is totally full . Wickstrom explained that the recently approved three-year rate increase in the drainage utility identifies projects that will solve essentially the valley flooding, but with areas like Naden and the Kmart area on West Valley Highway which drain to the river there aren't any real options when the river is full. He noted that there is nothing the City can do in those areas except to go back into the area after the flooding and drain it down. He noted that one of the many projects the City will be doing is the Valley Detention Basin/or the Lagoon Conversion Project which will involve building 300-acre feet of storage. He explained that an acre feet is one acre covered with one-foot of water. He noted that the trunk system was constructed and completed recently and now the City is busy constructing the detention basin at the end of that system before it goes down the canyon on 98th which will provide another 56-acre feet of 6 February 20, 1996 PUBLIC storage when it goes into service to relieve the COMMUNICATIONS flooding at the 212th interchange. Wickstrom explained that these detention basins will give the water a place to go during storm events and will at least be controlled so the flooding will not be seen at 212th, 180th and farther down in Renton. He also noted that the Mill Creek on Central Avenue is included in the three-year capital improvement program recently approved by Council and that all of the box culverts across roads such as Central Avenue are being upgraded. He explained that it will re-route the system around Bowen-Scarff which presently goes under it and put a new pipe through the freeway with a whole bunch of box culverts on down through North 4th and 222nd allowing the water to flow down and into the valley detention basin to relieve the major flooding areas. Mayor White commended the Public Works crew for doing a tremendous job during this storm. Chief Angelo noted that the City responded to over 400 calls during the storm period with a great deal of support from the public who helped with sandbagging and pumping out of basements. Chief Angelo explained that there are no cost figures for overtime or physical damage to the City as of yet, but that the estimate sent to King County for damages is over $1, 000, 000. He explained that the cost documented for damage to business facilities within the community is at $80, 000 at this point and that residential damage is estimated at $338, 000 . He noted that the City has advertised in the media, on the City' s Cable TV channel, placed posters in many of the businesses and major shopping areas which refers to the FEMA number, and that damage estimates will be known as people come forward with assess- ments . Angelo announced that for the next six weeks FEMA will be operating out of the East Hill Fire Station where the public can come in from all over South King County to get direction on what they can apply for as far as relief. He noted that a meeting will be scheduled for the people at the top and bottom of West Hill within the next week to bring them all together with some . people from the State to help them better under- stand what the long-term solutions are for their particular situation. He noted that the City was 7 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 February 20 , 1996 CITY CODE hearing on amendments to the Kent city Code AMENDMENTS Chapter 11. 02 entitled "Environmental Review and Community Impact Mitigation. " PARKS & (CONSENT CALENDAR - ITEM 3E) RECREATION Rotary Club Donation. AUTHORIZATION to accept the donation from the Rotary Club of Kent in the amount of $9 , 184 . 00 for renovations to the Old Fishing Hole, and to make the necessary budget change. In December, 1995 the Rotary Club of Kent donated $9 , 184 for the Old Fishing Hole. The project involves installation of three picnic tables; gravel for path around lake; native vegetation; trash containers; signage; mini shelter to house kiosk with interpretive signage; and materials for interpretive signage around lake. (CONSENT CALENDAR - ITEM 3F) Removal of Surplus Houses. AUTHORIZATION to remove three surplus houses located at 10134 SE 264th, 120 North Kennebeck, and 24623 Russell Road by gift or donation. Interested parties will be required to secure adequate insurance protecting the City and comply with all rules and regulations if relocating the houses within the Kent City limits. (CONSENT CALENDAR - ITEM 3G) King County Cultural Resources Youth Sports Facilities Grant (YSFG) . AUTHORIZATION to accept the grant from King County Cultural Resources in the amount of $35 , 950 for renovations to the playground structure at Kiwanis Tot Lot #3 , and to make the necessary budget change. On January 25, 1996 , King County Cultural Resources Department awarded Kent Parks a grant for Kiwanis Tot Lot #3 renovations. FIRE (CONSENT CALENDAR - ITEM 3J) DEPARTMENT Emergency Preparedness. AUTHORIZATION to set Tuesday, April 9 , at 6 : 00 p.m. as the date and time for a tabletop exercise on emergency preparedness. The workshop will be held in the Council Chambers. HEALTH & (CONSENT CALENDAR - ITEM 3H) SANITATION Plat of Rose's Meadow. AUTHORIZATION to accept the bill of sale for the Plat of Roses Meadow submitted by Lakeridge Development, Inc. for 9 February 20, 1996 HEALTH & continuous operation and maintenance of 1, 263 SANITATION feet of sanitary sewers, as recommended by the Public Works Director. The project is located at 26102 124th Avenue SE. (CONSENT CALENDAR - ITEM 3I) Plat of Stillwater - Division One. AUTHORIZATION to accept the bill of sale for the Plat of Stillwater - Division 1 submitted by Lakeridge Development, Inc. for continuous operation and maintenance of 447 feet of sanitary sewers, as recommended by the Public Works Director. The project is located at 128th Avenue SE & SE 264th Street. (CONSENT CALENDAR - ITEM 3L) Golf Park, Inc. AUTHORIZATION to accept the bill of sale for Golf Park, submitted by Golf Park, Inc. for continuous operation and maintenance of 195 feet of waterline, and 1, 497 feet of sanitary sewers, as recommended by the Public Works Director. The project is located at 9116 S. 212th Street. FLOOD (CONSENT CALENDAR - ITEM 3N) CONTROL Earthworks Detention and Settling Basin Emergency Repair. ADOPTION of Resolution No. 1456 declar- ing that an emergency exists with respect to getting the Earthworks detention and settling basin facility in shape to address the balance of the winter storm, as recommended by the Public Works Committee. As a result of the recent flooding of February 8th/9th, the settling basin is full of material washed down from Mill Creek Canyon. As such, staff would like to take advantage of the dry weather and clean the basin in order to be ready for the next storm event. Previous similar clean-ups have costs approxi- mately $80, 000 . POLICE (CONSENT CALENDAR - ITEM 30) (MOVED FROM OTHER BUSINESS ITEM 4B TO CONSENT CALENDAR BY COUNCILMEMBER BENNETT) Corrections Facility Health Services Contract. ACCEPTANCE of the proposal from Occupational Health Services for Jail Health Services, as recommended by the Public Safety Committee. The current Jail Health Services contract expires on March 31, 1996. The Police Department adver- tised for "Requests for Proposals" and after a 10 February 20, 1996 POLICE complete review, recommends the proposal received from Occupational Health Services. ZONING CODE (OTHER BUSINESS - ITEM 4A) AMENDMENT Modifications to Parking Stacking Space - ZCA-96-1. The Land Use and Planning Board has recommended approval of the proposed Zoning Code Amendment to Kent City Code Section 15. 05 . 040A. 1. c. This amendment would modify the current parking stacking space requirement that mandates an 18-foot driveway for garages. ORR MOVED to approve Zoning Code Amendment ZCA-96-1 relating to Parking Stacking Space, and to direct the City Attorney to prepare the necessary ordi- nance. Johnson seconded and the motion carried. SURPLUS (CONSENT CALENDAR - ITEM 3M) EQUIPMENT Sale of Surplus Equipment. AUTHORIZATION to declare certain Equipment Rental vehicles, no longer needed by the City, as surplus and author- ize that they be sold at the State of Washington auction, as recommended by the Public Works Committee. APPOINTMENTS (CONSENT CALENDAR - ITEM 3C) Drinking Driver Task Force. CONFIRMATION of the Mayor' s appointment of Peter Mourer to serve as a member of the Drinking Driver Task Force. Mr. Mourer is the Director of Kent Youth and Family Services in Kent. He has worked in Kent for the past eight years and previously served as a member of the Kent Human Services Commission. Mr. Mourer will replace Mark Shaw, whose term ex- pired. This appointment will continue to 1/1/99 . (CONSENT CALENDAR - ITEM 3D) Human Services Commission. CONFIRMATION of the Mayor' s appointment of Brad Bell to serve as member of the Kent Human Services Commission. Mr. Bell is a lifelong Kent resident and has his own business in Kent, "Brad Bell and Associates. " He currently serves as President of the Kent Community Foundation, is a member of the Kent Chamber of Commerce, and is a Past Distinguished President of Meridian Kiwanis. He will repre- sent the business category of the Commission. Mr. Bell is looking forward to serving on the Human Services Commission and is particularly interested in children at risk. He will replace Jason Hong, who resigned, and his appointment will continue to 1/1/98 . 11 February 20, 1996 COUNCIL (CONSENT CALENDAR - ITEM 3K) Term Limits. AUTHORIZATION to set March 5, 1996 , at 7 : 00 p.m. as the date and time for a public hearing on Mayor and City Council term limits. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills . APPROVAL of payment of the bills received through January 16 and paid on January 31, 1996 after auditing by the Operations Committee on February 7 , 1996 . Approval of checks issued for vouchers: Date Check Numbers Amount 1/30/96 164384-164831 $1, 357 , 503 . 62 1/31/96 164832-165045 3 , 347 , 274 . 84 $2 ,704 , 778 .46 Approval of checks issued for payroll for January 16 through January 31, 1996 and paid on February 51 1996 : Date Check Numbers Amount 2/5/96 Checks 209110-209458 $ 263 , 662 . 55 Advices 31321-31852 $ 558 ,453 . 61 82211616 REPORTS operations Committee_. Johnson announced that the next meeting will be tomorrow at 4 : 30 p.m. Planning Committee. Orr announced that the next meeting will be on March 5th at 4 : 00 p.m. and that a Land Use and Planning Board meeting will also be held that same day. Administrative Reports. Mayor White noted that the Councilmembers have received a memo from his office concerning the involvement of Kent with three small Norwegian towns who want to join in a sister city relationship. He explained that this is being brought to the Council' s attention because it is a very preliminary relationship at this point. He noted that Ms. Alana McIalwain is heading up the Norwegian sister city program in our Sister Cities Association and also the Sons of Norway are very involved in establishing this relationship. Upon Mayor White' s question, Woods expressed that she has no problem with the memorandum, but sug- gested that it go to a committee for purposes of 12 February 20, 1996 REPORTS fulfilling the usual routine or process. It was the consensus of the Council to send this item to the Operations Committee for its meeting tomorrow. EXECUTIVE At 7: 45 p.m. , McFall reminded the Council of a SESSION brief executive session of approximately 15 minutes to discuss potential litigation. The meeting reconvened at 8 : 00 p.m. CLARK MOVED to adopt Resolution No. 1457 relating to the bidding award in constructing the City' s Green River Natural Resources Enhancement Area Stormwater Detention/Enhanced Wetland Area Project. Bennett seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8 :/0/2�' p.m. /U/62� 16,tZ/c� Donna Swaw Deputy City Clerk 13 -fci!) Kent City Council Meeting Date March 5 . 1996 Category Consent Calendar 1. SUBJECT: MODIFICATIONS TO PARKING STACKING SPACE - ZCA-96-1 - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance' No. amending 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. 3 . EXHIBITS: Ordinance and City Council minutes of February 20, 1996 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 ORDINANCE NO . AN ORDINANCE of the City Council of the City of Kent , Washington, amending Section 15 . 05 . 040 of the Kent City Code relating to Parking Stacking Space . WHEREAS, since 1990 , the City of Kent has regulated parking stacking spaces and reviewed requests for variances from the regulations set forth under Section 15 . 05 . 040 ; and WHEREAS, the City has approved the variance requests where the applicant has demonstrated that a variance will not create parking problems ; and WHEREAS, the City is now able to review parking as a design and site development issue and condition parking and circulation through an administrative process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . Section 15 . 05 . 040 (A(1) (c) is hereby amended as follows : C . Multifamily and apartment houses Number of Parking Spaces One (1) parking space per unit for efficiency apartments in all sized developments ; two (2) parking spaces for each dwelling unit for developments with forty-nine (49) or less dwelling units; one and eight-tenths (1 . 8) parking spaces per dwelling unit for developments of fifty (50) or more dwelling units . For developments of fifty (50) or more dwelling units, one (1) parking space for each fifteen (15) dwelling units for recreation vehicles . Recreational vehicle parking spaces shall be in defined, fenced and screened areas with a minimum of six-foot-high sight- obscuring fences or landscaping as determined by the planning department , or the developer may provide areas of usable open space equal to that area that would be required for recreational vehicle parking . A vehicle less than twenty (20) feet long that is used as primary transportation is not subject to recreational vehicle parking regulations . If open space in lieu of recreational vehicle parking is provided, its appropriateness will be determined at the time of development plan review by the planning department . 8 ?y 4 r . ; -r-eelt1ii-ed length areu net be eeu*�ted_ teware-the effients ef u Where enclosed garages are utilized to provide parking reauired_ v this title an eighteen (18) foot stacking space shall be rovid d in front of such garage units . Provided however, the Planning Director shall have the authority to approve alternative plans where the developer can assure that such garage units will continue to be available for parking purposes and will not cause on-site parking or circulation roblems . These assurances include but are not limited to: 1) covenants that run with the land or homeowners association that require garages to be utilized for the storage of vehicles 2) maintenance of drive aisle widths of twenty-six (26) feet in front of each garaae unit and 3) maintenance of minimum clearances for fire lanes on the site . 2 SECTION 2 . Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remainder of the ordinance or the application of the invalidated provision to other persons or circumstances . SECTION 3 . Effective Date . This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. JIM WHITE, MAYOR 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 . 3 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 pkg.ord 4 February 20, 1996 POLICE complete review, recommends the proposal received from Occupational Health Services . ZONING CODE (OTHER BUSINESS - ITEM 4A) AMENDMENT m-op Modifications to Parking Stacking Space - ZCA-96-1. The Land Use and Planning Board has recommended approval of the proposed Zoning Code Amendment to Kent City Code Section 15 . 05 . 040A. 1.c. This amendment would modify the current parking stacking space requirement that mandates an 18-foot driveway for garages. ORR MOVED to approve Zoning Code Amendment ZCA-96-1 relating to Parking Stacking Space, and to direct the City Attorney to prepare the necessary ordi- nance. Johnson seconded and the motion carried. SURPLUS (CONSENT CALENDAR - ITEM 3M) EQUIPMENT Sale of Surplus Equipment. AUTHORIZATION to declare certain Equipment Rental vehicles, no longer needed by the City, as surplus and author- ize that they be sold at the State of Washington auction, as recommended by the Public Works Committee. APPOINTMENTS (CONSENT CALENDAR - ITEM 3C) Drinking Driver Task Force. CONFIRMATION of the Mayor' s appointment of Peter Mourer to serve as a member of the Drinking Driver Task Force. Mr. Mourer is the Director of Kent Youth and Family Services in Kent. He has worked in Kent for the past eight years and previously served as a member of the Kent Human Services Commission. Mr. Mourer will replace Mark Shaw, whose term ex- pired. This appointment will continue to 1/1/99 . (CONSENT CALENDAR - ITEM 3D) Human Services Commission. CONFIRMATION of the Mayor' s appointment of Brad Bell to serve as member of the Kent Human Services Commission. Mr. Bell is a lifelong Kent resident and has his own business in Kent, "Brad Bell and Associates . " He currently serves as President of the Kent Community Foundation, is a member of the Kent Chamber of Commerce, and is a Past Distinguished President of Meridian Kiwanis . He will repre- sent the business category of the Commission. Mr. Bell is looking forward to serving on the Human Services Commission and is particularly interested in children at risk. He will replace Jason Hong, who resigned, and his appointment will continue to 1/1/98 . 11 T03 Kent City Council Meeting Date March 5 . 1996 Category Consent Calendar 1. SUBJECT: HOME FACSIMILE MACHINES & PHONE LINES FOR CITY COUNCIL - BUDGET CHANGE 2 . SUMMARY STATEMENT: Authorization is recommended for a budget change to implement the purchase and installation of facsimile machines and dedicated telephone lines in City Councilmembers' homes, as well as miscellaneous expenses to upgrade computer software. 3 . EXHIBITS: Memorandum to City Council Operations Committee 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REOUIRED: $9 625 SOURCE OF FUNDS: General Fund Balance 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3D MEMORANDUM DATE: February 16, 1996 TO: Operations Committee FROM: Ron Spang, Information Services Division Director SUBJECT: City Council Home Fax Machines Q City Consultant Lyle Sumek recently recommended home fax machines for councilmembers in an effort to improve the timeliness and thoroughness of communications. Information Services has contacted the city's current fax vendor and several retail outlets. Based on our understanding of your requirements for a mid-range solution, the following equipment and arrangements are proposed for this purpose. FAX/PRINTER DEVICE The HP Office Jet LX is recommended by Office Depot, CompUSA and Costco. An Office Depot representative described this device as "the most popular, easiest to use and best on the . market". Initial city users of this device, the Springwood Substation and Fire Department, have given positive comments as well. For those councilmembers wishing to continue using city pc's at home, this device can double as a printer. It also has convenience copying and scanning capabilities. A "live test" of this device is now underway in Administration to assess its fit for anticipated council work. COMPUTER OPTIONS Councilmembers have the option of using the Office Jet on a standalone basis or with city provided computer equipment. If both a computer and fax are to be used, they will be sharing a phone line. At this time, we have a few spare 3S6 pc's available for placement. These machines will perform adequately for older, "DOS-based" software. If newer "Windows- based" software is required, the machine performance will be considerably slower, but it will work. Hardware and software costs for DOS-based 3 86's are nil, since these are now surplus. For Windows-based software, costs will be about S360/pc. Ne,,ver 486 and/or Pentium pc's are available, ranging from S1,800 - S2,600. PHONE LINE CONSIDERATIONS Councilmembers may share their own personal phone line with city fax and/or computer equipment. Optionally, councilmembers may request a city-provided phone line through Information Services. A city-provided business line can be shared by the fax and/or a computer, but both cannot be used at the same time. City-provided business lines have been toll-restricted to-date, to minimize exposure to unauthorized long distance calls/costs. Councilmembers who have call waiting, three-way conferencing, US West voice mail, call CITY COUNCIL HOME FAX (continued) PAGE 2 forwarding, etc. are encouraged to use the city-provided business line, to avoid unnecessary complications. ESTIMATED COSTS AND TMNG HP Office Jet LX $694 - S100 rebate through February = S594 (possibly lower). upgrade to 386 pc with DOS = no cost. upgrade to 386 pc with Windows = 5360. business line installation, city provided: 5100 (can vary). business line monthly cost, city provided: 538.87. business line installation timing: 3 - 5 days, if councilmember+ US West schedules match. HP Office Jet LX installation: 1 - 2 weeks from request, coordinated with Info. Services. upgrade to 386 pc = 1 - 2 weeks from request, coordinated with Information Services. COUNCIL TRAINING Information Services will provide council training for use of the Office Jet LX and additional training for councilmembers who wish to use this device in conjunction with city-provided computer equipment. We recommend one hour for the Office Jet and about 1/2 hour more for those using this device in conjunction with a computer. We would appreciate handling this training session in a group setting, to the extent this is possible. Individual arrangements can be made also. 1 U U T U � V � L vl C C C C C C C C ^ = J < = x x oc x h c x x x S x x r > > > > 7 > .-: — — .T �. ]C Z Z C) U U G G N N N C - - S N N rl ? ? ? _� ,.i N N N _ •- /� V1 ✓J :/: ✓; VI 'J, V; VJ f 1/1 ✓1 '✓] J; I ! I 'n :/; :/; :/� ✓; 'l. SJ, !� _ CCU < rr _ — _ — — < _ Z < •_. _, Z < < '' — � _ < _ < « _ _ < - - — L = v: -r, U � r h r s v; �c I — •r, � :✓: v; � — - r :✓: :r, U = :i; �: � :i; 33 oC14 — Q • J J N N N � a a O oc T Z r l� � _ - Fi N ? Ta N a = N < > > < a r N N N L J Z ZZZ - J rn >> > > O Err J �y U < < < < < N 7 J io w ry > j y v () L �n W L W to n y d G r. A � 7 C'r3 Kent City Council Meeting Date March 5 , 1996 Category Consent Calendar 1. SUBJECT: APPOINTMENT TO KENT LIBRARY BOARD 2 . SUMMARY STATEMENT: 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 . 3 . EXHIBITS: Mayor White memorandum 4 . RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3E MEMORANDUM TO: CHRISTI HOUSER, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOR DATE: FEBRUARY 28, 1996 SUBJECT: APPOINTMENT TO KENT LIBRARY BOARD I have recently appointed 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 I submit this for your confirmation. JW:jb -r(- 15 Kent City Council Meeting Date March 5 , 1996 Category Consent Calendar 1. SUBJECT: COUNCIL ABSENCE 2 . SUMMARY STATEMENT: Council President Houser has requested an excused absence from the March 5, 1996, City Council meeting, as she will be out of town and unable to attend. 3 . EXHIBITS: Memo from Council President Christi Houser 4 . RECOMMENDED BY: Christi Houser Council President (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. 3F MEMORANDUM TO: JIM WHITE, MAYOR CITY COUNCIL MEMBERS FROM: CHRISTI HOUSER, COUNCIL PRESIDENT J DATE: FEBRUARY 27, 1996 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the March 5, 1996 City Council meeting . I will be out of town and unable to attend. Thank you for your consideration. CH:jb -r C-+3 Kent City Council Meeting Date March 5 . 1996 Category Consent Calendar 1 . SUBJECT: DESIGNATION OF AGENT FOR DISASTER RECOVERY - RESOLUTION 2 . SUMMARY STATEMENT: Adoption of Resolution No. designating the Fire Chief as the Applicant Agent for the reimbursement 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 flooding, 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. 3 . EXHIBITS: Designation of Applicant' s Agent form 4 . RECOMMENDED BY: Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3G DESIGNATION OF APPLICANT'S AGENT RESOLUTION Be it resolved by the Kent City Council of the City of Kent Washinoton (Governing Body) (Public Agency) That Norman G. Angelo Kent Fire Chief (Name) (Title) is hereby authorized to execute for and in behalf of the city of Kent Washin ton , a public agency established under the laws of the state of Washington. The purpose of this designation is to be the authorized representative for obtaining federal and/or emergency or disaster assistance funds. Passed and approved this day of 19 Mayor (Name) (Title) City Attorney (Name) (Title) City Clerk (Name) (Title) (Name) (Title) (Name) (Title) CERTIFICATION duly appointed and (Name) duly of do hereby certify that the above is a true and correct copy (Public Agency) of a resolution passed and approved by the of (Governing Body) (Public Agency) on the day of 1 9 _ Date: (Official Position) (Signature) C.2 "rC6 Kent City Council Meeting Date March 5 , 1996 Category Consent Calendar 1. SUBJECT: KING COUNTY COUNTYWIDE PLANNING POLICIES AMENDMENT - RATIFICATION BY CITIES 2 . SUMMARY STATEMENT: Adoption of Resolution No. 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 City Council Planning Committee. 3 . EXHIBITS: Letter from King County dated February 8, 1996, Letter from City of Renton dated February 8 , 1996, King County Ordinances No. 12027 and 12081, and City Council Planning Committee minutes of February 20, 1996 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 moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3H r� RECEIV -� FEB 1 3 1 King Countv CITY OF KENT PLANNING DEPARTMENT February 8, 1996 The Honorable Jim White Mayor, City of Kent 220 Fourth Avenue South Kent, WA 98032 Re: King County Countvwide Policies Amendment - Ratification by Cities Dear Mayor White: We are pleased to forward for your consideration and ratification the enclosed amendments to the King County 2012 Countywide Planning Policies. The Growth Management Planning Council (GMPC) met on September 20, 1995 and voted to pass an amendment to the Phase II Countywide Planning Policies, Wetlands Protection section (Policy CA-1) to make the language consistent with state law (ESB 5776). The King County Council passed and ratified this amendment on behalf of the population of unincorporated King County by Ordinance 12027 on November 20, 1995. At the GMPC's November 15, 1995 meeting, the Council voted to amend the boundaries of the Urban Growth Area (UGA) for the City of Renton to include approximately 30 acres of new urban land in the UGA. The original Renton Joint Planning Area comprised 57 acres (not to include the 30 acres of new land). Of that 57 acres, 29 acres were included in the Urban Growth Area and 28 acres were designated Rural in the King County Comprehensive Plan 1995 Amendment process as provided for in Countywide Planning Policy FW-1, Step S. King County representatives to the GMPC proposed adding the 30 acres of new urban land at the November 15 GMPC meeting. Ordinance 12081 passed and ratified this amendment on behalf of the population of unincorporated King County. To assist in your review of the amendments, you will find that new language added to the wetlands policy is underlined and deleted language is struck through, or in the case of Renton, an ordinance and map are attached. The proposed amendments are the result of an important effort of the County, the City of Seattle and the Suburban Cities to work cooperatively in managing growth in King County. We hope you will join us and ratify this amendment on behalf of our region. If you have any questions, please feel free to contact us, Rebecha Cusack, Lead Staff to the King County Council's Growth Management Committee at 296-0330, or Ikuno Masterson of the Office of Budget and Strategic Planning, at 296-7251. The Honorable Tim White February 8, 1996 Page 2 Thank you for your consideration. Sincerely, 7 e Hague, Chair Gary4ck King County Council KingExecutive C�-�t Chris Vance, Chair Growth Management, Housing and Environment Committee Enclosures �., CITY OF RENTON Mayor Jesse Tanner February 8, 1996 The Honorable Jim White Mayor, City of Kent i V E t; 220-4th Ave. S. Kent WA 98032 �..;. i�✓� l�l i� il. lJ:ll li i: RE: Ratification of Renton's Joint Planning Area Dear Mayor Jim White: I am requesting, by way of this letter, that your city ratify the amendment to the Countywide Planning Policies resolving the boundaries of Renton's Joint Planning Area (IPA). After several months of negotiation with King County staff, the City of Renton and King County have agreed on the boundary of our JPA established under the Countywide Planning Policies of 1994. The JPA was approved by the Growth Management Planning Council in November 1995, and adopted by the Metropolitan King County Council on December 19, 1995 (see attached map). The new JPA includes a virtual "swap" of about 30 acres that was previously designated as rural for about 28 acres that was part of the original IPA, but will now be designated as rural. The reason for the exchange is due to the County's plans to relocate the Elliott Bridge, spanning the Cedar River, further to the east. Because this bridge represents an important transportation link between the East Renton Plateau and the Maple Valley Highway, we have consistently held that it should be included within the urban area. Under the interlocal agreement covering amendments to the Countywide Planning Policies, the amendment does not become effective until it is ratified by thirty percent of the jurisdictions representing seventy percent of the population. Ratification can be by resolution approved by your City Council. The resolution could reference the King County Ordinance No. 12081 (attached) and follow the same format used for the original ratification of the Countywide Planning Policies. Ratification by the local jurisdiction is also deemed to have occurred if there is no action rejecting the amendment. Renton would appreciate your support of this effort and requests that you ratify the amendment by either method you prefer. If you have any questions about the JPA, please feel free to call Mike Kattermann of my staff at 277-6190. Thank you for your assistance in this matter. Sincerely, iesse Tanner Mayor cc: Renton City Council Members Jay Covington Gregg Zimmerman Mike Kattermann JPARATIRDOC 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2580 /FAX(206)235-2532 October 17, 1995 Introduced By: Christopher Vance CPPA-MSAO.95R.rc PropcScd NO.: 9 5 — 710 — 1 ORDINANCE NC. 12R2 7 — 2 AN ORDINANCE adopting an amcndmeat to the CountS-widc 3 Planniiag Policies ptzrs:nt to RCW 36.70A.2 10;ratifying the 4 amended Counh-aidc Planning Policies for Unincorporated 5 King Count},amending Ordinance 10450,Sections 3 through 6 5,as amended,and amending K.C.C.20.10.030,K.C.C. 7 20.10.04-0 and K.C.C.20.10.050. 8 9 BE 1T ORDANED BY THE COUNCIL OF KING COUNTY: 10 SECTION I FrNDINGS. The council crakes the following findings. 11 A. On May 25, 1994,Thje Growth Management Planning Council took final action 12 lec cruln=nding Phase 11 amends to the Phase I Counr�widc Planning Policies. The G.MPC 13 recommendations can be fouacl in the document entitled King County 2012-Count}uide 14 Planner Policies[525/9-41. 15 B. The Metropolitan King County Council adopted and ratified Lhe GMPC 16 recommended King County 2012-Cou ui3-A do Planning Polidcs[525/94)on Au gust 13, 17 1994 ptasuant to Ordinance 11446. 18 C. The GIMP"met on September 20, 1995 and unanimously voted to pass an 19 amendment to the King Counn,2012- Counh�icic Ptnnning Policics[5/25.!94],page 10,B. 20 Wetlands Protect on,CA-1,malting the language consislent Mth state law(ESB 5776). 21 S^C TnN Ordinance 10450,Section 3,as amended,and K.C.C.20.10.030 arc 22 each hereby amended to read u folloti-�: 2' A. Tix Per 11?.m_ncL--;ts to the Y.ing Cc=iv 2012-Countywide planning 24 Policies atncbed to Ordinance 11;-;6 are he-ebt approved and sdoptd. 25 ,B- ihm Ph cr I1 A.n tea...-_,r r lh Kiz,I—rl=ty 70In ('ni n T'lstnn no 26 Policics arc - d-+ hn n h, lzinchm=r I tn t}is(T-dinan� . 27 SECTION: Ordinance 10450,Section 4, as amended,and K-C.C.20.10.040 are 28 each herchv am=d:d to reed as follows 1::13 PM NDV-21-1995 17 22 206295G194 P.03 120217 1 A. Countywide Planning Policies adopted by Ordinance 10450 for the purpose 2 specified are hereby ratified on behalf of the population of unincorporated King County. 3 B. The amendments to Countywide Planning Policies adopted by Ordinance 10840 4 are hereby ratified on behalf of the population of unincorporated King County. 5 C. The amendments to the Countywide Planning Policies adopted by Ordinance 6 11061 are hereby ratified on behalf of the population of unincorporated King County. '7 D. The Phase II Amendments to the King County-2012 Countywide Planning 6 Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of 9 unincorporated King County. 10 $, 7-he amendm as to the Kino jnt oni, rQjjztvwi e Pl nnino Pnliciec.8s 11 chtwvn hy t-achment 1 to this Ordin nc e he h atifie.�nn hel=lf nrthe ennularnn 12 of u_nincorpQMjr King _nnnty. 13 SFCTION 4, Ordinance 10450,Section 5,as amended,and K.C.C.20.10.050 are 14 each amended to read as follows; 15 A. The Counrywide Planning Policies adopted by Ordinance 10450 shall become 16 effective when ratified by ordinance or resolution by at least thirty percent of the city and 17 county governments representing sevenry percent of the population of King County 18 according to the interlocal agreement. ,4 city shall be deemed to have ratified the 19 Countrywide Planning Policies unless,within ninety days of adoption by King County 20 unless,the city by legislative action disapproves the Countvwide Planning Policies. 21 B. The Countywide Planning Polices adopted by Ordinance 10840 shall become 22 effective when ratified by ordinance or resolution by at least thirty percent of the city and 23 county governments representing seventy percent of the population of King County 24 according to the interlocal agreement. A city shall be deemed to have ratified the 25 Countywide Planning Polices unless,within ninety days of adoption by King County,the 26 city by legislative action disapproves the Countywide Planning Polices. 27 C. The Countywide Planning Policies adopted by Ordinance 11061 shall become 28 effective when ratified by ordiance or resolution by at least thirty percent of the city and 29 countyy governments representing seventy percent of the population of King County 30 according to Lie inte:local aere-_:nent. A city shall be deemed to have ratified the g/cgp\cppzr..zao.99r --.Iz pH 1:.'1¢/95 - 2 - 120 2 '7 1 Countywide Planning Policies unless, Within ninety days of adoption by King Counn. the 2 city by legislative action disapproves the Countywide Planning Policies. 3 D. The King County-2012 Ccunnwide Planning Policies adopted by this 4 Ordinance 11446 shall become effective when ratified by ordinance or resolution by at . 5 least thirty percent of the city and county governments representing seventy percent of the 6 population of King County according to the inrerlocal agreement. P,city shall be deemed 7 to have ratified the King County-2012 Countywide Planning Poii,ics unless,within & ninety days of adoption by King County,the city by legislative action disapproves the 9 King County•-2012 Counrywide Planning Policies. io li 12 13 14 _5 16 17 is 19 20 21 23 24 25 26 27 26 29 30 120 2'7 1 2 F The ndmenrc ro the Kino Cowalv-"/011 Countywid>Plannino Policies. 3 adopted bb)rhic ordinance shall become effective when ratifiej by ordinance or rccnittdnn 4 bv'at Icaq jhdrtv,,.�,, cent of the riZ an��inj�-v \vernrne c representing sevenL\_n �nS of the population of King Counry accordine to the interinczl agreement 4 city shall he 6dccmrd rn have ratified Tht Kin Co t�nty 2Ol') Countvwid• Plrnnino Policies unless. 7 within nine!\,days of adoption by Kin c-n " thecity by legislative action dicarproycs 8 the_King Cgli= 2012 CQ1MI\M'idc Plannino P 1in cies. 9 INTRODUCED AND READ for the first time this �3 c d day of 10 r7t1Z J o A--� _. 1995. 11 PASSED by a vote of Z/—to fQ this 20 -r�ay of �� J 12 1995. ' 13 KING COUNTY COUNCIL 14 KING COUNTY,I'ASHINGTON 16 Chair 17 ATTEST: \8 !� ( - 19 Clerk of the Council `T" 20 APPROVED this day of e�-. 1995. 21 King ng County ecuuve 23 Attachments:Attachment l:Amendment to the King County-2012 Countywide Planning 24 Policies,CA-1 g/cpp\cpp......95r ._:25 pr. 30/le/95 - 4 - September 19, 1995 Attactiment 1 Sponsor: Chris Vance for the GMPC 1 AMENDMENT to the Kinv Count•-2011 Counm,ide Planning Police< 1s125/941 2 Page 10,B. Wetlands Protection,CA-1 is hereby amended: 3 CA-1. Until the Washinpt nn Seta Dc-nartment of Fcolnov _dnptg a manual for the 4 delineation of wetlands pursuant to ccctinn 1 t of chart-r 180 of th- I nwc of 1995 5 iudsdictiom shall have the optirm of a in; either the 19R9 mamhl of the baited Stat"s ' 6 Army Corns of Fneincerg or the Coma' 1987 manual in coniunctinn with the Comc' 7 Washington Regional Guidance Gncc the Denartmcnt of Ecology adoots its manual for S the delineation of wetlands all jurisdictions shall use such state manual as it is initialh 9 adopted or thereafter amended (( ! r `, oo and 10 _ aRHA -reFeF.Ee n�ii . 11 weilands PFEAeGtieR .a s)) 12 Effect: Makes the CPPs consistent with state law(ESB 5776) G:\cpp\cpmn87c.doc. 10l1 3,9S 7:19 PM December 6, 1995 Introduced by: ('iris Vance g:\comp-pla\'95 Amend\rentons.doc Proposed No.: 95-763 December 19, 1995 clerk 2 o 1 2 ORDINANCE NO. 3 4 AN ORDINANCE related to comprehensive 5 planning, implementing recommendations 6 relative to the joint planning area for 7 the City of Renton identified on the 8 Growth Management Planning Council' s 9 Countywide Growth Pattern map; amending 10 the King County Comprehensive Plan Land 11 Use Map, and ratifying the amended 12 Countywide Planning Policies for 13 Unincorporated King County, amending 14 Ordinance 11581, Section 1 and K.C.C. 15 20.10.065 and adding a new section to 16 K.C.C. 20.12 . 17 18 FINDINGS: 19 1. Joint Planning Areas(JPA)were designated by the Growth 20 Management Planning Council(GMPC)in Countywide Planning 21 Policy(CPP)FW-1 Step 8b for those cities,including Renton, 22 where agreement on the boundaries of each city's urban growth 23 areas(UGA)had not been reached. The GMPC determined that 24 the UGA for each city should be finalized by the end of 1995. 25 26 2. Consistent with CPP FW-I Step 8, King County Comprehensive 27 flan(KCCP) Policy 1-206 states that the county will complete a 28 joint planning process with the cities of North Bend,Issaquah, 29 Redmond,Renton,Black Diamond and Snoqualmie to determine 30 the final UGA boundaries for each city. 31 32 3. This ordinance is required to amend the boundaries of the UGA for 33 the city of Renton in accordance with the recommendations of the 34 Executive's 1995 KCCP Amendments. 35 36 4. This ordinance is consistent with the recommendations made by 37 the GMPC at their November 15, 1995 meeting regarding 38 amendment of the Renton joint planning area. 39 40 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 41 NEW SECTION 1. There is hereby added to K.C.C. 20.12 to read as follows: 42 The Urban Growth Area as adopted by the Metropolitan King County Council in 43 Ordinance 11575 adopting the 1994 King County Comprehensive Plan is hereby amended as 44 Ibllows: 45 The overlay designation of the Renton Joint Planning Area as shown on Attachment I 46 to this ordinance shall be deleted from the Count}wide Growth Pattern map and shall remain 12081 1 properties should be utilized to maintain a buffer from agricultural lands of the Sammamish 2 Valley. 3 D. Ordinance 11446, UGA map in Appendix I is hereby amended as shown on the 4 attached recommendation(to Ordinance 11593)for the city of Issaquah. 5 INTRODUCED AND READ for the first time this day of 7 PASSED by a vote of 9 to 3 this /9� day of 'Ao.�r B KING COUNTY COUNCIL 9 KING COUNTY,WASHINGTON 10 11 Chair 12 ATTEEST: 13g �LL l 14 Clerk of the Council 15 APPROVED this 2' day of Y�" ^' r 19—b 16 XL Z 17 - Ki County Vxecutive 18 Attachment I: Map of Renton Joint Planning Area 3 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, ratifying the countywide planning policies adopted by the Metropolitan King County Council pursuant to the Growth Management Act . WHEREAS, the Growth Management Act (RCW 36 . 70A. 210) requires the adoption of countywide planning policies by the legislative authority of King County, and that said policies are to provide a countywide framework from which local comprehensive plans are to be developed; and WHEREAS , since 1992 , King County has provided the City of Seattle and the incorporated suburban cities and towns in King County countywide planning policies ; and WHEREAS, the Growth Management Planning Council (GMPC) met on September 20 , 1995 , and voted to pass an amendment to the Phase II Countywide Planning Policy, Wetlands Protection Section (Policy CA-1) to make the GbIA RATIFY 1 language of the policy consistent with the state law (ESE 5776) ; and WHEREAS, the King County Council passed and ratified this amendment on behalf of the population of unincorporated King County pursuant to Ordinance No . 12027 on November 20 , 1995 ; and WHEREAS, as outlined in an interlocal agreement between King County, the City of Seattle , and suburban cities and towns in King County, the City of Kent has 90 days to ratify or disapprove the Phase II policies as adopted in Ordinance No . 12027 ; and WHEREAS, the City Council Planning Committee reviewed the amended countywide planning policy attached to this Resolution as Exhibit A, and approved a motion recommending ratification of the amended policy; WHEREAS, in November of 1995 , the Metropolitan King County Council also reviewed and approved an amendment to the countywide planning policies resolving the boundaries of Renton' s Joint Planning Area (JPA) ; and WHEREAS, the JPA was approved by the GMPG in November of 1995 and adopted by the Metropolitan King County council on December 19 , 1995 , pursuant to Ordinance No. 12081 ; and 2 WHEREAS, the Kent Planning Committee reviewed the amended countywide planning policy resolving the boundaries of Renton ' s JPA with King Cou=y as depicted in Exhibit B and approved a motion recommending ratification of the amended countywide planning policy; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS : SECTION 1 : The City of Kent , acting pursuant to the Interlocal Agreement among King County, the City of Seattle and the suburban cities and towns in King County, hereby ratify the countywide planning policy as adopted by the Metropolitan King County Council pursuant to Ordinance No . 12027 attached hereto as Exhibit A and incorporated herein by this reference . SECTION 2 : The City of Kent hereby ratifies the county wide planning policy as adopted by the Metropolitan King County Council pursuant to Ordinance No . 12081 attached hereto as Exhibit B and incorporated herein by this reference . SECTION 3 : The countywide planning policy adopted herein shall be filed with the City Clerk and in the office of the planning department and made available to the public for inspection . 3 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 4 I hereby certify that this is a true and correct copy Of Resolution No . passed by the City Council of the City of Kent , Washinaton, the day of 1996 . (SEAL) ERENDA JACOBER, CITY CLERK GMAKC . res 5 EXHOIT� October 17, 1995 Introduc-a By: Christopher Vance CPPAMSAO.95R.rc 5 Proposed1ho.: - 710 1 ORDINANCE NO. 12D2 7 2 AN ORDINANCE adopting an==dment to the Count-.idc 3 Planning Policies pwyuznt to RCW 36.70A 210;ratifying the 4 hrncnded Countywide Planning Policies for unincorporated 5 ling County;amending Ordinance 10450,Sections 3 through 6 5,as amended,and amending KC.C.20.10.030, K.C.C. 7 20.10.040 znd K.C.C.20.10.050. 6 9 BE 1T ORDARNTED BY THE COUNCU,OF KING COUNMY: 10 SECTION I FINDINGS. The council makes the following findings. 11 A. On May 25, 1994,The Growth Managcmeut Planner Council took final action 12 rcomincriding Phase II amends to the Phase l Countywide Planning Policies. T L GMPC 13 Teconrmendations can be found in the docum--nt entitled King County 2012-Countywide 14 Planning.Policies[525194j. 15 B. The Metropolitan King County Council adopted and ratified the GMPC 16 recommended King County 2012.-County Aide Planning Polides(5r25t94]on August 15, 17 1994 pursuant to Ordinance 11446, 1S C. The GMPC met on September 20, 1995 and unzinimously voted to pass an 19 amcndmenu to the King Count,2012-Countywide Planning Policics[525194],page 10,B. 20 'Wetlands Protection,CA-1,maldaF the langulage consistent with state law(ESB 5776). 21 SECTION? Ordinance 10450,Section 3,as amended,and K.C.C.20.110.030 at` 22 each hereby amended to read rs follows: 23 A. The Ph:x 11 Am:ndrnd:ts to the King Connty 2012-Count)-%Adc Planning 24 Policies attached to Ordinance 11446 zre h:th3l approved and adopted. 25 B- The Phase i1 Amendm-•.r<to th-K;r, 2012 -(`nny•�tii r'I n ino 26 Policies arn amend•-j fL,ihoum hv Attn hm t I tn tlhisOrd ina=c 27 SECTION 3 Ordinance 10450,Section 4,as amended,and K.C.C.20.10.040 arc 28 each bcreby nmr ded to read as follows: 1-:20 PM NOl!-21—i G95 17:22 20625SO154 P.03. 12027 2 A. Countywide Planning Policies adopted by Ordinance 1050 for the purpose 2 specified are hereby ratified on behalf of the.population of unincorporated King County. .. B. The amendments to Countywide Planning Policies adopted by Ordinance 10940 4 are hereby ratified on behalf of the population of unincorporated King County. 5 C. The amendments to the Countywide Planning Policies adopted by Ordinance 6 11061 are hereby ratified on behalf of the population of unincorporated King County. 7 D. The Phase II Amendments to the King County-2012 Countywide Planning 6 Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of 9 unincorporated King County. 10 $, The amendments to the Kipp Cciunm,-'W'2 f ounrywid- Pigrrino Policies as 11 shown by A-achment I to thi< nrdin-n --,e h r by retifed nn h+hgl�n�thn rnrt larnn 12 of unincoroonted King nunn•. 13 SFCTIOtJ A. Ordinance 10450, Section 5,as amended,and K.C.C. 20.10.050 are 14 each amended to read as follows; 15 A. The Countywide Planning Policies adopted by Ordinance 10430 shall become 16 effective when ratified by ordinance or resolution by at Icast thim•percent of the city and 17 county governments representing seventy percent of the population of King County 18 according to the interlocal agreement. A city shall be deemed to have ratified the 19 Countywide Planning Policies unless,within ninety days of adoption by Kin; County 20 unless,the city by legislative action disapproves the Countywide Planning Policies. 21 B. The Countywide Panning Polices adopted by Ordinance 10840 shall become 22 effective wren ratified by ordinance or resolution by at least thirty percent of the ciry and 23 county governments representing seventy percent of the population of King County 24 according to the interlocal agreement. A city shall be deemed to have ratified the 25 Countywide Planning Polices unless,within ninety days of adoption by King County,the 26 city by legislative action disapproves the Countywide Planning Polices. 27 C. The Countywide Planning Policies adopted by Ordinance 11061 shall become 28 effective when ratified by ordinance or resolution by at least thirty perccat of the city and 29 counn•govern.:.ents representing seventy percent of the population of King County 30 according to the interlocal agreement. A city shall be deemed to have ratified the PM :c'1¢/55 — 2 — 12027 1 Countywide Planning Policies unless, within ninety dabs of adoption by King County. the 2 city by legislative action disapproves the County%vidc Planning Policies. 3 D. The King County-2012 Ccunt.Nvide Planning Policies adopted by this 4 Ordinance 11446 shall become effective"-hen ratified by ordinance or r_solution by at 5 least thirty percent of the city and coanty governments representing seventy percent of the 6 population of King County according to the interlocal agreement. A city shall be deemed 7 to have ratified the Sting Country-2012 Countywide Planning Polities unless,within 8 ninety days of adoption by King Couny,the city by legislative action disapproves the 9 King County-2012 Countywide Plannin.- Policies. 10 11 12 13 14 `5 16 17 16 19 20 21 : `2 23 24 25 26 27 2e 29 30 g/<pp\cpp�mue.SSc -.:29 px _ei:e.'rs - 3 12027 1 2 E. The. amcndm=5 to the Kino unnS?Co'.:n!v% i A Pl nninp P licics. V 3 yQgstea b hall hecom ffe jive µ'hPn r=t'fiPd by o^d;^'^""Qr resohttinn q by ata+ l att th•rn n cent of the ciz,a^� ^nnnry covet-+men'S ret1 ;'ntin' ""nt` iZ=_rt c the p jaiion of Kinp Cnim-v acco `;itl�to the int^•loc,l A city shall be 6 deemed rn have e ratified th Kin o nry ''O1 n Cn m' Policir<unle«. 7 within nine?^days Of adoDil0❑ ,�'Kir^ti..,r'nim ' the clry by Ie Cl tl'U �.SI'gan"10v" 8 the' in a ry 201n Countywid-Plannino PDies g INTRODUCED AND READ for the first time this day of 10 n . i _• 1995. 11 PASSED by a vote of to.Q this 20-?ty of ?)x4k8-r� 12 1995. ' 13 KING COUNTY COUNCIL 16 KING COUNTY, WASI-:INGTON 16 Chair 17 ATTEST: 1g Clerk of the Council 57- 20 APPROVED this day of e�-, 1995. 21 22 King Count}' ecutivc 23 Attachments: Artachment 1: Amendment to the King County-2012 Counrvvvide Planning 24 Policies,CA-1 i Srptemb r 19, 1995 Attachment I Sponsor: " X ' I IT Chris Vance for the GMPC Y 2n12 OUntNIvid PI nnineP lie 1 � 2 Page 10,B.Wetlands Protection,CA-1 is hereby amended: 3 CA-1. ll Wasn nt oCFcele^ 'adnnts a mn^ al for the q d lip ati n afw hands pursuariltt 'n I1 e r t f_r 18" of th^ I +ws of 1°9S f t s'n^ ith^r lhz 1990 mamtal ofth� 1lnitcd Sla"cs 6 Army COME of En lneers or th Coms' 19 7 manual in niunctior+ with the. C Qrr manualC� 7 VVPshmeton rincc the D nartment of°rolo� 'adepts its a lhc dclincaii= of w^tlands.all jurisdictions shall use such st t man nt as it is initial) ' y adopird or thereafter amended(( --- 10 11 wetlands preleetien )) 12 Effect: Makes the CPPs consistent with state law(ESB 5776) G:\cpp\cpmnS7c.doc. 7:19 PM December 6, 1995 Introduced b}: Chris Vance g:\comp pla\'95Amend\rentons.doc Proposed No.'._95-763 December 19, 1995 clerk ® ` q ' 1 V ORDINANCE NO. \$/ 3 4 AN ORDINANCE related to comprehensive 5 planning, implementing recommendations 6 relative to the joint planning area for 7 the City of Renton identified on the 8 Growth Management Planning Council' s 9 Countywide Growth Pattern map; amending , o the F:ing County Comprehensive Plan Land 11 Use Map, and ratifying the amended 12 Countywide Planning Policies for 13 Unincoroorated King Co-1nty, amending 14 Ordinance 11581, Section 1 and K.C.C. 15 20 .10 . 065 and adding a new section to 16 K.C.C. 20 .12 . 17 18 FINDINGS: 19 1. Joint Planning Areas(JPA)were designated by the Growth 20 Management Planning Council (GMPC) in Countywide Planning 21 Policy(CPP)FW-1 Step 8b for those cities,including Renton, 22 where agreement on the boundaries of each city's urban growth 23 areas(UGA)had not been reached. The GMPC determined that 24 the UGA for each city should be finalized by the end of 1995. 25 - '----`- 2 2. Consistent with CPP FW-I Step 8. King County Comprehensive 27 flan (KCCP)Policy 1-206 states that the county will complete a 28 joint planning process with the cities of North Bend.Issaquah, 29 Redmond, Renton,Black Diamond and Snoqualmie to determine 30 the final UGA boundaries for each city. 31 32 3. This ordinance is required to amend the boundaries of the UGA for 33 the city of Renton in accordance with the recommendations of the 34 Executive's 1995 KCCP Amendments. 35 36 4. This ordinance is consistent with the recommendations made by 37 the GMPC at their November 15, 1995 meeting regarding 38 amendment of the Renton joint planning area. 39 40 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 41 NEW SECTION 1. There is hereby added to K.C.C.20.12 to read as follows: 42 The Urban Growth Area as adopted by the Metropolitan King County Council in 43 Ordinance 11575 adopting the 1994 King County Comprehensive Plan is hereby amended as 44 follows: 45 The overlay designation of the Renton Joint Planning Area as shown on Attachment I 46 to this ordinance shall be deleted from the Count}wide Growth Pattern map and shall remain 1 properties should be utilized to maintain a buffer from agricultural lands of the Sammamish 2 Valley. 3 D. Ordinance 11446, UGA map in Appendix I is hereby amended as shown on the 4 attached recommendation(to Ordinance 11593) for the city of Issaquah. 5 INTRODUCED AND READ for the first time this Q day of 6 � , 199- 7 PASSED by a vote of 9 to 3 this /9 day of yg 2 19�5 KING COUNTY COUNCIL 8 KING COUNTY,WASHINGTON 9 to Chair 11 12 ATTEST: 13 4�14 Clerk of the Council t� i 15 APPROVED this 21 day of �� 16 17 Ki;Counntlyecutive 18 Attachment 1: Map of Renton Joint Planning Area 3 SE 142 S 29 acres 28 acres :.Renton: : <= - ;4 � l SE qe t R Macle Valley RO 740 way 3F 160 Pl SE 300o Fes+ Renton Existing N 0 1000 _ _ _ _ Joint Planning Area Joint Planning Area l,ict Prininaly in JPA King County DDES .. eve • arc c^rr_nme^.�a� 5"wc=5 �� UGA Correction ,�d��a�,c,c ,mrca::cr. Srvac N UGA existing NovemC e' •°�- I�L Kent City Council Meeting Date March 5, 1996 Category Consent Calendar 1. SUBJECT: AMENDMENT TO POTENTIAL ANNEXATION AREA (PAA) 2 . SUMMARY STATEMENT: Adoption of the amendment to the Potential Annexation Area (PAA) as outlined in the staff memo. Kent staff recently met with Renton staff to discuss these PAA changes. 3 . EXHIBITS: Memo to the Mayor and City Council dated March 5, 1996, and City Council Planning Committee minutes of February 20, 1996 4 . RECOMMENDED BY: Planning 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. 3I -Fula Kent City Council Meeting Date March 5 , 1996 Category Consent Calendar 1. SUBJECT: TITUS STREET STORM REBUILD - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, 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. 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. 3 . EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3J -T C Y ? Kent City Council Meeting Date March 5 , 1996 Category Consent Calendar 1. SUBJECT: 1995 ASPHALT OVERLAY - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the contract with M.A. Segale, Inc. for the 1995 Asphalt Overlays project and release of retainage after State releases. The original contract amount was $288, 823 . 30 . The final construction cost was $271, 570. 76. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3K --r((7 Kent City Council Meeting Date March 5 , 1996 Category Consent Calendar 1. SUBJECT: LAKE MERIDIAN RIDGE CONDOS - BILL OF SALE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, 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. This project is located at 13306 S. E. 272nd Street. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3L sc 24B S-I I f+ ;. PL 251 2cuSC 2�3 �- �`'J �� 1 1 1 c 5 �^ < I f m ❑ - - S 1 a _ _ _ �- 25, i. '-t,_.j zsz =z -- ' Fr- - ml tVl f`.I ✓' V:f '"1 3Y _"_vRada .-1^a .Ya \� _ ., t , _ > > � --a' ,ems I 7Rf:E. Mfr7llllA,V _5t PROJECT k_OGATI N _ v 5i iE 2,5 5J 5- SE 2'4 Si -_ ISO tli t S- i P 2-,7 2't o- 97 2� �`y Prt ls- v; SC 2 292 r. �i «I •1 LAKE MERIDIAN CONDOMINIUMS 1 C;f ) Kent City Council Meeting Date March 5 , 1996 Category Consent Calendar 1. SUBJECT: SOLID WASTE COLLECTION SERVICES ADDITION 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for Kent Disposal to add a mini-can (20-gallon can) service to the solid waste collection services provided for Kent' s residential customers. This additional collection service will be $7 . 90 per month. The 20-gallon container will be provided by Kent Disposal. 3 . EXHIBITS: Public Works minutes and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (telephone concurrence from Epoerly) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3M DEPARTMENT OF PUBLIC WORKS February 28, 1996 TO: Public Works Committee FROM: Don Wickstrombi RE: Solid Waste Collection Services Kent Disposal The Public Works Department has received a request from Kent Disposal to add a mini-can (20 gallon can) service to the solid waste collection services available to Kent residential customers. The rate for this additional service will bea7.90 per month and the container will be supplied by Kent Disposal. They are proposing this additional service at the request from several of their customers. ACTION: Recommend that Kent Disposal provide the additional min-can solid waste collection service to the Kent residential customers at a rate of $7.90 per month. PUBLIC WORKS COMMITTEE FEBRUARY 28, 1996 PRESENT: TIM CLARK TOM BRUBAKER JURY WOODS ED WHITE DON WICKSTROM ABSENT: CONNIE EPPERLY Solid Waste Collection Services - Addition Wickstrom explained that this is an additional collection, a 20 gallon mini-can, and Kent Disposal wants us to add this to their service. They have had numerous requests for this; the rate would be $7.90 per month. Wickstrom recommended that we add this as another option for service to our customers. Committee unanimously recommended the additional service be implemented. Downtown Sidewalk Rehab - Phase II Acceptance Wickstrom stated that this was the project associated with "rehabbing" the 1st Avenue sidewalks. He said we had a tree problem and we re-budgeted money to do this project. He explained that typically, if a project goes over 10%, we bring it back to Committee prior to taking it to Council for acceptance. He said that this project was over 10% but already had Council blessing per allocating additional funds so this is really nothing unknown; this is just a procedure issue. Committee unanimously recommended that the project be accepted as complete. GMA Concurrency Ordinance Wickstrom said Council has adopted the Comprehensive Plan, and in conjunction v4th that, we are required to adopt a Concurrence Ordinance. An earlier draft had included transportation, sewer, water and drainage. He explained that our work load would not accommodate adding all those other entities into concurrency at this time; particularly with the Meridian Annexation we are dealing with Water District 1 11 and Soos Creek 1 TG%3 Kent City Council Meeting Date March 5 , 1996 Category Consent Calendar 1. SUBJECT: DOWNTOWN SIDEWALKS REHAB. - PHASE II - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, accept as complete the contract with Gary Merlino Construction for the Downtown Sidewalks Rehabilitation Phase II project and release of retainage after State releases. 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. 3 . EXHIBITS: Public Works minutes and Public Works Director Memorandum 4 . RECOMMENDED BY: Public Works Committee (telephone concurrence from E erl (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 DEPARTMENT OF PUBLIC WORKS February 28, 1996 TO: Public Works Co ttee FROM: Don Wickstrom t RE: Downtown Sidewalk.Rehabilitation Phase II This project consisted of replacing cement concrete sidewalks, curbs, gutters and removing and replacing 25 trees in the downtown area. The contract was awarded to Gary Merlino Construction for the bid amount of $295,560.25. The final construction cost was $333,561.82. This contract exceed the bid amount due to the necessity of adding new trees on the project, most of which were on Ist Avenue. Included in the cost of the trees was the additional expense of a special soil mixture that provided stability under the sidewalk as well as allowing root development without cracking the sidewalk. Adequate funds exist within the project fund to cover this overage. ACTION: Recommend Downtown Sidewalk. Rehabilitation, Phase 1I project be accepted as complete. PUBLIC WORKS COMMITTEE FEBRUARY 28, 1996 PRESENT: TIM CLARK TOM BRUBAKER JUDY WOODS ED WHITE DON WICKSTROM ABSENT: CONNIE EPPERLY Solid Waste Collection Services - Addition Wickstrom explained that this is an additional collection, a 20 gallon mini-can, and Kent Disposal wants us to add this to their service. They have had numerous requests for this; the rate would be $7.90 per month. Wickstrom recommended that we add this as another option for service to our customers. Committee unanimously recommended the additional service be implemented. Downtown Sidewalk Rehab - Phase II Acceptance Wickstrom stated that this was the project associated with "rehabbing" the 1 st Avenue sidewalks. He said we had a tree problem and we re-budgeted money to do this project. He explained that typically, if a project goes over 10%, we bring it back to Committee prior to taking it to Council for acceptance. He said that this project was over 10% but already had Council blessing per allocating additional funds so this is really nothing unknown; this is just a procedure issue. Committee unanimously recommended that the project be accepted as complete. GMA Concurrency Ordinance Wickstrom said Council has adopted the Comprehensive Plan, and in conjunction with that, we are required to adopt a Concurrency Ordinance. An earlier draft had included transportation, sewer, water and drainage. He explained that our work load would not accommodate adding all those other entities into concurrency at this time; particularly with the Meridian Annexation we are dealing with Water District 1 1 1 and Soos Creek 1 ,-rv3 Kent City Council Meeting Date March 5, 1996 Category Consent Calendar 1. SUBJECT: GMA CONCURRENCY ORDINANCE - SET HEARING DATE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to set March 19th as the Public Hearing date and adoption of the GMA Concurrency Ordinance. Said ordinance addresses concurrency management associated with the transportation system as mandated by the Growth Management Act. 3 . EXHIBITS: Public Works minutes, Public Works Director memorandum and ordinance 4 . RECOMMENDED BY: Public Works Committee (telephone concurrence from E erl (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 30 PUBLIC WORKS COMMITTEE FEBRUARY 28, 1996 PRESENT: TIM CLARK TOM BRUBAKER JUDY WOODS ED WHITE DON WICKSTROM ABSENT: CONNIE EPPERLY Solid Waste Collection Services - Addition Wickstrom explained that this is an additional collection, a 20 gallon mini-can, and Kent Disposal wants us to add this to their service. They have had numerous requests for this; the rate would be $7.90 per month. Wickstrom recommended that we add this as another option for service to our customers. Committee unanimously recommended the additional service be implemented. Downtown Sidewalk Rehab - Phase II Acceptance Wicicstrom stated that this was the project associated with "rehabbing" the 1 st Avenue sidewalks. He said we had a tree problem and we re-budgeted money to do this project. He explained that typically, if a project goes over 10%, we bring it back to Committee prior to taking it to Council for acceptance. He said that this project was over 10% but already had Council blessing per allocating additional funds so this is really nothing unknown; this is just a procedure issue. Committee unanimously recommended that the project be accepted as complete. GMA Concurrency Ordinance Wickstrom said Council has adopted the Comprehensive Plan, and in conjunction with that, we are required to adopt a Concurrency Ordinance. An earlier draft had included transportation, sewer, water and drainage. He explained that our work load would not accommodate adding all those other entities into concurrency at this time; particularly with the Meridian Annexation we are dealing with Water District 1 1 1 and Soos Creek 1 Sewer and Water District, per those other services thus malting it much more complicated. We would like to limit the Concurrency Ordinance to transportation which is the issue mandated under the Growth Management Act and then, if there is a need, we can go back in subsequent years and add the other issues. Wickstrom, said that what we were proposing under the original Concurrency Ordinance was, malting sure that our Construction Standards where met, which that requirement is already in place anyway. He said we would like to buildup some history with this before we add the other issues. Wickstrom recommended having a public hearing set for March 19th to get input and recommended adopting the Ordinance at that time. Committee unanimously recommended setting March 19th as the public hearing and if major issues are not raised, adopt the Concurrency Ordinance. Discussion: Clark stated that the idea of establishing concurrency is to meet the needs of the community and adapt to the population as it grows. Clark said that transportation is the issue that must be dealt with now. He asked if there is any type of tracking process to determine the current levels of service or what the future needs would be. Wi&strom said that was all done in conjunction with the Comprehensive Plan. Under the Management Act, the only issue that is mandatory is transportation, and we are asking that we limit Concurrency Management for now to transportation based on our workload. He said that previously we were looking at water, sewer and storm but they all have other complicating issues. Brubaker noted that this concurrency concept is a "new ground" that all the cities are into. Theoretically, if you can't meet the concurrency requirements, than a development moratorium could exist. He said it is probably wise to start out with one single issue. Kent Shuttle Service Wickstrom said that we are proposing a shuttle servicein Kent running an hour between busses. He said we will need Metro's concurrence on this as we had obtained with the Jingle Bus service. We cannot compete either with routes that may take service away from the Metro bus system or charge for service. He said that we need to pass a Resolution showing Metro that our Council wants this to happen. Wickstrom said that there is money for this proposal within the downtown transit budget. To provide this service, we are essentially using the funds that we have available and not infringe on the money that we had set aside to match the ISTEA grant shuttle project which will be implemented following this proposal. Committee unanimously recommended that Council adopt a Resolution authorizing staff 2 DEPARTMENT OF PUBLIC WORKS February 26, 1996 TO: Public Works Committee FROM: Don Wickstrom, Director of Public Worki RE: GMA Concurrency Ordinanc w_�� Attached is a copy of the above referenced proposed Ordinance. As you're aware, said ordinance is mandated by GMA. As you may recall, an earlier draft thereof included not just the Transportation System per concurrency management but also the sewer, water and drainage systems. This version limits same to just transportation which is the only mandated concurrency management requirement of the Growth Management Act. The premise behind this limit is primarily work load. A point recently driven home with the advent of the Meridian Annexation. If the concurrency management needs to address the other systems they can be added in the future at which time we will have had some experience in concurrency management. The service level and methodology associated therewith is that which was previously presented to Council and adopted in the Comprehensive Plan. The determination of the adequacy of the City system includes considering those transportation improvements of the adopted 6 year Capital Facility Plan. Exemptions to this ordinance are reflected on page 13 therein. With respect to the time frame per our June 1995 submittal to the State Department of Community, Trade & Economic Development we had indicated that this ordinance would be to them by September 95 as such we're late. Further not proceeding towards adoption of the ordinance could result in sanctions (withholding of City tax revenues) by the State. ACTION: Recommend setting a public hearing date for the March 19th Council meeting for the adoption of this Ordinance. TOW96059 DRAFT 2/22/96 ORDINANCE NO. DRAFT AN ORDINANCE of the Citv Council of the City of Kent , Washington, relating to the establishment of standards and procedures for providing compliance with the concurrency requirements of the State 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 policies and regulations which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the Comprehensive Plan unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development or within six years ; and follows : u+�u«txeirc y WHEREAS, the Kent Planninc 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 caoital facilities element ; and 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) , (a) and (5) for the purpose of complying with the Growth Management 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 THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . 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 to as "concurrency" , without decreasing current service levels below established minimum standards . The intent of this chapter is to establish a Transportation Concurrency Management System (TOMS) to ensure that the necessary facilities and/or programs needed to maintain a minimum level of service can be provided simultaneous to, or 3 within a reasonable time of new development as required in the GMA. The GNLA requires that a specific set of standards be developed to measure and ensure ==-pliance through the inclusion of : A. Standards for roadways that balance congestion management with land use objectives . B . Traffic zones tailored 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 evaluat_ng roadway system adequacy. Sec . 12 . 11 . 020 . Definitions . For purposes of this chaoter, 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 . Arterials serve major centers of activity and carry the major portion of the traffic entering and leaving the city. B . Affected intersection . A designated signalized intersection as set forth in Section 12 . 11 . 100 within a traffic zone in the city over which the city has operational responsibility and which will be impacted by new development . 4 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 developmer. proposals which have been approved under this chapter. F . Capacity. The maximum traffic volume that can pass through an intersection or arterial 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 LOS standards for each public facility, a financing plan for necessary facilities, and requires that new development is served by adequate facilities for which concurrency is 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 , 000) dollars . Other canital costs , such as motor vehicles and motorized equipment , computers and office equipment , office furnishings, 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 permits . I . Concurrency. Requirement of the 1990 Growth Management Act (RCW 35 . 70A. 070 (E ) ) 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 strategies within six years . When a development fails to meet the concurrency test , mitigation will require improvements or strategies to accommodate the impacts of the development . Demand management and other non-roadway s rategies may be used for transportation mitigation. Concurrency is further defined in Section 12 . 11 . 050 . J. Development. Construction and/or substantial modification of structures or improvements to land which will F alter, modify and/or expand a use of land in a manner that may cause adverse impacts . 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 hermit . A building permit, or any other development permit which results in an immediate and continuing impact upon public facilities . 2 . Preliminary development approval . Including, but not limited to, a rezone, plat , planned unit development , or shoreline substantial development permit . L. Director. The Public Works Director for the City of Kent , the Director ' s authorized representative or any representative authorized by the Mayor. M. Degradation . An increase in the volume/capacity ratio (V/C ratio) above the area-wide level-of-service (LOS) standard for a mobility management zone as established in 12 . 11 . 060 . N. Funded project . A project in the most recently adopted capital facilities plan (CFP) for the city or similar capital program of another jurisdiction which has sufficient revenues secured for construction or which meets the facility concurrency requirements of Section 12 . 11 . 050 . 7 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 management zones (MMZ) , reflecting distinct roadway conditions and multiple community objectives . LOS standards for arterials , transit and pedestrian/bicycles within each of the twenty-two zones 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 _hat area . If an area is already exceeding the standard prior to the development proposal , mitigation shall mean transportation 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 city 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 12 . 11 . 100 . Some mobility management zones include intersections 8 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 . Total 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 where there may be special trip-generating characteristics of th- proposal . T. Phased Development. Any development involving multiple buildings or improvements where issuance of development permits would not occur at the same 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 for which results directly from a development permit or decision made under the Kent Zoning Code or other provisions of the Kent City Code relating to development permits . For transportation facilities , such improvements may 9 include , but are not limited to, site access , turning lanes , traffic signals , changes in traffic signal operation and modification of intersection geometries . Site specific improvements include right-of-way and related frontage improvements when they are required to be dedicated or constructed at the time of building 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 levels of service for each zone . X. Transportation Demand Management (TDM) . Public and/or private programs designed to increase the efficiency of existing capital transportation facilities, including, but not limited to, transit and ridesharing incentives , flexible working hours , parking management, and supporting non-motorized enhancements to decrease single occupancy vehicle trips . Y. Transportation facilities . Streets, roads, highways , sidewalks , street and road lighting systems, traffic signals , non-motorized enhancements , and related systems and site specific improvements . Z . Under construction . When a construction contract for a project has been awarded or actual physical alteration' or improvement has occurred on the site . AA. Volume/capacity ratio (v/c ratio) . The proportion of available intersection capacity used by vehicles passing 10 through an intersection as defined in 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 appropriate to implement the provisions of this chapter . B . General Application . This chapter applies to all land use development applications filed after its effective data under the Kent City Code also and applies to the following 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 each subsequent phase based on the cumulative impact of all the phases . 2 . Chanae 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 facility impacts of site development are disclosed at the time of application assuming full development of the property under the proposed zoning classification using the - 1 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 concurrency 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 be imposed as a condition of rezone . 4 . Concomitant Aareements . Unless the agreement specifically provides otherwise, this chapter applies to any development application that is subject to an existing concomitant agreement . S . Reconstruction. of Destroved Buildinas . If a building to which this chapter did not apply at time of construction is destroyed by fire , explosion or Act of God or war, and is reconstructed in accordance with city code, it will not be required to comply with this chapter unless the reconstructed building produces public facility impacts in excess of those produced by the destroyed building . C . SEPA . This chapter is not intended to limit the application to the State Environmental Policy Act to specific proposals . Each proposal shall be reviewed and may be conditioned or denied under the authority of the State Environmental Policy Act . D. Traffic impact analysis. As part of the land use development application, the applicant will be required to submit a traffic impact analysis to identify all traffic impacts upon 12 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 or 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 project shall be exempt under this subsection; 4 . Development that is vested by RCW 19 . 27 . 095 , RCW 58 . 17 . 033 , RCW 58 . 17 . 170 , or KCC 14 . 11 . S . Single family homes on legal lots of record. 13 Notwithstanding the exemptions hereunder provided, the traffic impacts on public facilities resulting from an exempt use shall nonetheless be included in computing available capacity. 6 . Any development creating less than 10 peak hour trips as defined in this chapter . Sec . 12 . 11 . 050 . Adequate Public Facility Concurrency. The issuance of development permits shall be conditioned on a determination than 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 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 C . The Capital Facilities Plan in the Kent Comprehensive Plan must demonstrate that the actual construction 14 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 Capital Facilities Plan must include facilities necessary to eliminate existing 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 mobility management zone (MMZ) and not mitigated by: 1) the existing street network; 2) fully funded projects; 3) street improvements under contract as part of other approved development proposals which are fully funded and/or; 4) developer mitigation in accordance with Section 12 . 11 . 090 . 2 . Area-average level-cf-service standards . Level-of-service standards are tailored for each mobility management zone, reflecting distinct conditions and multiple community objectives, with an area-average approach used to measure system adequacy. The area-average approach is used to measure system adequacy. The area-average method measures the average level-of-service on critical arterials and at key intersections within each mobility management zone . 15 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 zone and/or service area 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 lac',: of concurrency and, if so, whether any mitigation proposed by the developer meets the requirements of 12 . 11 . 090 . 3 . 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 . C . Preliminary Development Permit . Except for rezones , no preliminary development approval shall be issued by the City unless the applicant obtains a determination of the capacity of public facilities as part of the review and approval of the preliminary development approval . D . Processing of Applications - Approval/Denial . Issuance of final development permits and preliminary development approvals shall be subject to the concurrency requirements set forth in Section 12 . 11 . 050 and further subject to the following : 16 1 , Determination of Ca a�city -- FYpiration . 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 forth in Section 12 . 11 . 090 . 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 level: of service of transportation facilities shall be applied to the issuance of development permits on the following geographical basis : a . Transportation facilities which serve less than the entire city shall achieve and maintain the standard for levels of service within their assigned mobility management zones . No development permit shall be issued in an assigned mobility management zone if the standard for level of service is not achieved and maintained throughout the assigned mobility 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 17 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 facilities or capacity is subject to review and approval or denial by the city . 3 . Funded projects . The developer may rely on capacity provided by funded projects , including projects in the current Capital Facilities plan (CFP) and by street improvements under contract as part of other approved development proposals . The approval is subject to the requirements that the applicant must fully fund or mitigate any impacts as required herein . if the list of funded projects is modified after the time the proposal vests, the applicant may elect to rely on the new capacity provided by the modified list 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 . Sec . 12 . 11 . 080 . Appeal of Director' s Decision - Hearing. A. Any person aggrieved by the action of the director 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 18 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 . Aopeal to the hearing examiner shall constitute 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 as provided in RCW 36 . 70C. 040 , or is 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 of the development until the standard is met , (2) delay development schedule until City and/or others provide needed improvements, or (3) provide the mitigation 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 . 11 . 050 , to obtain concurrency, 19 the applicant may provide mitigation to the satisfaction and approval of the director as follows : 1 . payment for and Timing of Imorovements a . Improvements required to be constructed by the developer, and/or payments for developer-funded transportation improvements affecting critical arterials and key intersections subject to the city ' s direct operational control necessary to meet the requirements for concurrency, must occur in accordance with the provisions of Section 12 . 11 . 070 (D) (1) . All funds received by the city from applications under this chapter shall be expended to develop facilities as required in this chapter. The finance manager shall be responsible for monitoring all mitigation funds received under this chapter. 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 agency (ies) elect to postpone the proposed improvements, or refuse to accept the proposed mitigation, the director shall collect 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 . 20 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 project proponent to the city prior to issuance of a development permit or approval . 2 . Transportation Demand Manacrement . 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 measure . The TDM program may be denied based on the criteria of subsection 3 below. The director must approve the strategies and shall monitor and enforce the performance of agreed upon TDM measures . The director will determine if performance measuring devices shall be imposed, and may require 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 the 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. 21 b . The mitigation contributes to systerr, - performance . C . Improvements to an intersection or roadway may not shif traff_c tG a residential area . d. ll:l^,rOVc',i'.e_^_t5 tc an intersection Cr roadway may not Snit traffic to OL h r inLerseCL'_O = r vj___ch -~-_r- is no GCce'Jtah l e miti-gation G V Gllahle . C imvroy= '.--_S to Gam_ _n_e_...C._t 1G�a Cv roadway may not S^' _t traffic ]UrlsaLCoon W_'lich Would V'-0_aL -_-u_ 'ri c _ L1C _' D011C1cS an . reCiilat lCP_S . to an =='a='_`ScCL_O:'! or roadway may not sh__L teat7 to a-_other mcbil_ty <<<anaceme~L zor_ and viclate t."_at zone ' s cG] c''t'_'i=S and Stand'ardS C . T'c eff-_-= of the im1JrCVement wOUld nor r= I _ _G r_ i J per, . _ _-.%u_ _ . "�l,.0�,_ �ir l.,___ 1G�.J of another trGn vCJr l_G 1..1^.'n OD�eCtiVe , iI'cC1UQ_ but P_ot 1_..._�c.. t0 .CCC...-�G.=__C�T Ve!":'_Clc e:"_ I__Cnme'_tal 1�;DaCts Cf facilities imrDrovement can be reasonably alleviated. '_ . The imDrcvement will not Violate accented engineering standards and practices . Notwithszand'_nG t:re 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 director 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 Map A Table 1 attached herewith. SECTION 2 . Adoption of this 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 shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance . 23 SECTION 4 . Effective Date . This ordinance shall take effect and be in force thirty (30) days from and after its passage , approval and publication as provided by law. JIM WHITE, MAYOR ATTEST : BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUEOVICH, CITY ATTORNEY PASSED day of 1996 . APPROVED day of 1996 . PUBLISHED day of 1996 . 24 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 concur2.crd 25 10 nvL_ 1 o� CO \ I,. e� �A J „ lnterstat 1 I � III �n��H-Y s Ix;lno��li--_-' 12iA E s-1 i J _ t�..9vC��n � - _-`�, m I � Idlerstuff, W VVIIOY IIwY _ S. _ lO o I 76/ VO 6II AVE S `HIV 2'' wy F 1 �, i �4 4 x u — —Z§iva s �� 7 11 - jm-. c I 'va-x non 90 r r 1Valle F Ro , F`AVE _ �— �'� - 1 31w t o 1 100 AVE SE�I s Y � 10 AVE SE I', N i .._f. ' wll A .I._� ' 1 IoeA Ese _ V i l I rt II6AWSE I6A,1`11l I , e Izn�wEl rl 1 If r' I �f. F-rA r I r I _— 7_ L� 11 ��n e F �I J i Iaa W SE e t b --- i 2 �1 p YQ l Teti d I i I F 1 1 m T rd rye tv4 b' m M fC� Kent City Council Meeting Date March 5. 1996 Category Consent Calendar 1. SUBJECT: KENT SHUTTLE SERVICE - RESOLUTION 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to adopt Resolution No. 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. 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. 3 . EXHIBITS: Public Works minutes, Public Works Director memorandum and resolution 4 . RECOMMENDED BY: Public Works Committee (telephone concurrence from Epperly) (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. 3P Sewer and Water District, per those other services thus malting it much more complicated. We would like to limit the Concurrency Ordinance to transportation which is the issue mandated under the Growth Management Act and then, if there is a need, we can go back in subsequent years and add the other issues. Wickstrom, said that what we were proposing under the original Concurrency Ordinance was, malting sure that our Construction Standards where met, which that requirement is already in place anyway. He said we would like to build up some history with this before we add the other issues. Wickstrom recommended having a public hearing set for March 19th to get input and recommended adopting the Ordinance at that time. Committee unanimously recommended setting March 19th as the public hearing and if major issues are not raised, adopt the Concurrency Ordinance. Discussion: Clark stated that the idea of establishing concurrency is to meet the needs of the community and adapt to the population as it grows. Clark said that transportation is the issue that must be dealt with now. He asked if there is any type of tracking process to determine the current levels of service or what the future needs would be. Wickstrom said that was all done in conjunction with the Comprehensive Plan. Under the Management Act, the only issue that is mandatory is transportation, and we are asking that we limit Concurrency Management for now to transportation based on our workload. He said that previously we were looking at water, sewer and storm but they all have other complicating issues. Brubalcer noted that this concurrency concept is a "new ground" that all the cities are into. Theoretically, if you can't meet the concurrency requirements, than a development moratorium could exist. He said it is probably wise to start out with one single issue. Dent Shuttle Service Wickstrom said that we are proposing a shuttle servicein Kent running an hour between busses. He said we will need Metro's concurrence on this as we had obtained with the Jingle Bus service. We cannot compete either with routes that may take service away from the Metro bus system or charge for service. He said that we need to pass a Resolution showing Metro that our Council wants this to happen. Wicicstrom said that there is money for this proposal within the downtown transit budget. To provide this service,we are essentially using the funds that we have available and not infringe on the money that we had set aside to match the ISTEA grant shuttle project which will be implemented following this proposal. Committee unanimously recommended that Council adopt a Resolution authorizing staff 2 to retain a service provider and enter into a contract to supply shuttle service. Discussion: Ed White stated that with the jingle Bus shuttle service, we monitored different locations thru Para Transit,which was the service provider at that time and we will have the ability to monitor thru the new service provider. In response to Clark, White stated that the senior citizens made up approximately 90% of the inquiries for a shuttle service. ADDITIONAL ITEM: Issue of providing sewer service into failed septic system neighborhoods. Wickstrom stated that with the Meridian Annexation, we have inherited certain specific neighborhoods that were developed in the early '60s and are experiencing chronic septic system failure. He noted that the Derbyshire area, (west of 124th Ave, south of 272nd) is one such neighborhood. Presently, we have a residence therein with a failed septic system. The property owner has estimated the cost to provide sewer service would be about $35,000. Wickstrom said that this particular neighborhood has small houses - about 300 homes with a history of failing septic systems. Wickstrom said that his proposal is to budget some money each year for sewer extensions within such areas with reimbursement by the property owner therein of their fair share of the cost upon connecting to the system. Wickstrom noted by doing so, over time these chronic problem areas, including the health issues associated therewith would be resolved along with the City getting reimbursed for the cost. Wickstrom recommended budgeting such funds on a yearly basis and that the work done within any one year would be subject to the budget limitations. Wickstrom stated that right now he wants to use some money in the Miscellaneous Sewer fund to help resolve this particular property owner's problem. Eventually a Resolution will be prepared for Council seeking concurrence with this approach. Committee unanimously concurred with Wickstrom's recommendation of helping the property owner at this time and recommended such a Resolution be brought before Council for adoption. Meeting adjourned: 4:30 p.m. 3 DEPARTMENT OF PUBLIC WORKS February 28, 1996 TO: Public Works Comm�it�e FROM: Don Wickstrom DiP�ctor of Public Works RE: Kent Shuttle Service In response to numerous requests made by citizens, City staff is making plans to bring shuttle service back to the Kent area. The cost to operate this service for one 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 a predetermined stops made once every hour. The original project (Jingle Bus) ran from November 24, 1995 to December 30, 1995, traveled on a route which carried riders from the Kent Downtown to several areas on East Hill. Frequency of service was every half hour. it took each bus approximately one hour to complete the entire route. The total cost of the project was $23, 769. The main purpose of the Jingle Bus service was to provide access to various businesses in the downtown core area, and different commercial sites on East Hill. The focus of this new project would remain basically the same with some minor adjustments in routing and scheduling. The intent of this project is also to build a foundation in which future expanded service through King County/Metro would be possible. Further to provide this service requires King County/Metro concurrence as was similarly obtained for the "Jingle Bus" service. As such to aide us in seeking their approval, a Council resolution supporting same and authorizing staff to proceed would be appropriate. The Transit Advisory Board meets on Thursday and we assume they will support such actions. Should they not,we will bring it back to Public Works Committee versus going to Council to adopt a resolution. ACTION: Recommendation to Council to adopt a Resolution which authorizes staff to retain a service provider and enter into a contract to supply shuttle service as described above. T/DW96058 RESOLUTION NO . A RESOLUTION of the City Council of the City of Kent , Washinaton, expressing the City' s interest in providing a Kent Shuttle Bus Program and seeking approval from Metropolitan King County allowing the City to provide the program. WHEREAS, The City of Kent recently funded and operated a city shuttle bus program known, as the "Jingle Bus, " which operated between Thanksgiving and Christmas on a trial basis; and WHEREAS, the Jingle Bus program was very successful , receiving participation and support that greatly exceeded the City' s original expectations ; and WHEREAS, the City Counc_1 finds that this type of transportation service would benefit the City' s efforts to reduce traffic congestion and maintain concurrency under Growth Management; and WHEREAS, the City Council would like to bring shuttle bus service back to the Kent area; and 1 WHEREAS, the City has made allocations to provide $69 , 000 in funding to provide a single bus operation route similar to that of the Jingle Bus ; and WHEREAS, before providing this service to its citizens, the City Council must first obtain the approval and concurrence from Metropolitan King County to develop this service; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS : SECTION 1 : The foregoing findings and recitals are incorporated as if fully set forth herein. SECTION 2 : The City of Kent hereby expresses its intent and desire to create a local single bus shuttle route service, similar to that of the Jingle Bus service provided in November and December, 1995 , in response to the numerous citizens ' requests for such service that have been received by the City. SECTION 3 : The City Council finds that the provision of shuttle bus service would both supplement and enhance the level of bus transit service presently provided by Metropolitan King County in the City of Kent and greater Seattle region. 2 SECTION 4 : The Kent City Council hereby requests Metropolitan King County to concur with and approve the City' s development of a full time shuttle bus service that would operate on a route similar to that of the Jingle Bus on a single bus operations basis . SECTION 5 : Upon receving approval from Metropolitan King County for this service, City staff is authorized to enter into a contract to supply single bus shuttle service as described herein for the remainder of 1996 and to fund such operations from the City' s "Downtown Transit Demo" budget at an estimated cost of approximately $69 , 000 . 00 . 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 3 ATTEST : BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY .I hereby certify that this is a true and correct copy of Resolution No . passed by the City Council of the City of Kent, Washington, the day of 1996 . (SEAL) BRENDA JACOBER, CITY CLERK bus . res 4 _fco Kent City Council Meeting Date March 5. 1996 Category Consent Calendar 1. SUBJECT: COVINGTON MINI-STORAGE LEASE 2 . SUMMARY STATEMENT: 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 the Covington Mini-Storage at a rate that is extremely favorable to the City (30 years at $1. 00 per year) . 3 . EXHIBITS: Lease 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $1. 00 SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3Q WHEN RECORDED, RETURN TO: Property Manager city of Kent Public Works Department 220 W. Gowe Street Kent, WA 98032 LEASE THIS LEASE is between CHARLES E. CRAMER and JUDITH A. CRAMER ("Landlord") and THE CITY OF KENT, a municipal corporation, ('Tenant"). 1. Premises. Landlord hereby leases to Tenant, upon the terms and condi- tions herein set forth, the space known as Covington Mini Storage, located at 16222 S.E. 272nd Street, Kent, Washington, 98031, shown in the attached or plan sketch incorpo- rated herein and attached hereto as Exhibit "A" ('premi flo ses"). The space includes a ten- foot by ten-foot (10, x 10') storage container, parking area in the fenced automobile parking area for three (3) vehicles (as space is available and as needed by the City), boat storage for one twenty-foot (20') boat, and police/fire command vehicle (if space is - available and if needed by the City). The location of the space is subject to change if agreed to by Landlord and Tenant, so long as the space provided remains the same in area and is as accessible as that space described herein. The City as Tenant is entitled to 24-hour access and may install additional security alarms and other devices without Landlord approval. The City is responsible for obtaining any and all casualty insurance coverage for the loss of property from theft or fire or other event. 2. Common Areas. Tenant shall have non-exclusive use of all common areas for the use generally of tenants of the building as designated by the Landlord. Landlord shall maintain the common areas in good condition, and shall not block or obstruct access to business operations. 3. Use of Premises. The premises shall be used for the conduct of storage activities and activities incident thereto. 4. Term. This Lease shall be for a term of thirty (30) years commencing January 1, 1996 and ending January 1, 2026. 5. Option to Extend Term. Tenant may extend the term of this Lease once for a separate period of ten (10) years, ending January 1, 2035, provided Tenant is not in default hereunder at the time of giving such notice or on the date of expiration of the 1 original term hereof. Such extended terms shall be upon all of the provisions applicable to the original term of this Lease, other than the provisions of this Section relating to this extension. 6. Rental. Tenant agrees to pay Landlord One Dollar ($1.00) per year. Payment may be made in a lump sum or annually. 7. Leasehold Improvements. If leasehold improvements by the Landlord are performed in the premises described in Section 1, Tenant shall provide to Landlord reasonable access to perform such improvements. Landlord will make every effort not to disrupt the Tenant's use and occupancy of the storage container(s) as may be necessary by the City or King County. 8. Landlord Restrictions. Landlord shall not lease or rent the above- described space to any other person or party during the Lease period. Should the Landlord sell the real property or business to any third party, such sale shall be subject to this Lease Agreement. 9. Termination. Tenant may elect at any time to terminate this Lease on thirty (30) days' written notice thereof to Landlord. Landlord may terminate this lease upon 60 days written notice to the City without cause upon the cessation of mini-storage business operations on the property. 10. Quiet Enjoyment. Landlord covenants that it is the owner of the demised premises and has the right to make this Lease for the described space. Landlord also covenants and agrees that Tenant, upon performance of all of Tenant's obligations under this Lease, shall lawfully and quietly hold, occupy and enjoy the premises during the term of this Lease without disturbance by Landlord or by any person having title paramount to Landlord's title or by any person claiming under Landlord. 11. Utilities and Other Services. Landlord shall pay all expenses of utilities and other services supplied to the common areas of the building. 12. Maintenance by Landlord. Landlord shall maintain in good condition the common areas, lighting, and fencing, including all structural and exterior components of storage container. 13. Alterations Repairs and Maintenance by Tenant. Tenant shall make no changes, improvements, or alterations to the premises without the prior consent of Landlord. All such changes, improvements, and alterations and repairs, if any, made by Tenant, shall become the property of Tenant upon the expiration or sooner termination of this Lease. Tenant shall keep the premises in a neat, clean and sanitary condition, and shall keep the premises and all items therein installed by Tenant in good condition, . 2 - except only for reasonable wear and tear and damage caused other than by any act or omission by Tenant, its employees, agents, invitees or licensees. 14. Taxes. Landlord shall pay, before the same become delinquent, all property taxes and other taxes and special assessments levied against the building. 15. Liability, Property Damage and Fire Insurance. Tenant shall, in its own discretion and at Tenant's expense, maintain on all of Tenant's personal property and leasehold improvements and alterations on the premises property damage insurance and fire insurance, with extended coverage, in the amount of their replacement value. 16. Damage or Destruction. If the leased premises are damaged or destroyed by fire or any cause other than any act or omission of Tenant, its employees, agents, invitees or licensees, Landlord shall restore the premises and the building, except for such fixtures, improvements and alterations as are installed by Tenant, as nearly as practicable to their condition immediately prior to such damage or destruction. Tenant, at Tenant's expense, shall so restore all such fixtures, improvements and alterations installed by Tenant. Any restoration shall be promptly commenced and diligently prose- cuted. If Landlord undertakes to restore the premises and the building as provided above in this section, then commencing with the date of the damage or destruction and continuing through the period of restoration, the rent for the premises shall be abated for such period in the same proportion as the untenantable portion of the premises bears to the whole thereof. 17. Partial Invaliditv. If any term or provision of this Lease or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected therebv, and each term and provision of this Lease shall be valid and be enforced as written to the fullest extent permitted by law. 18. Entire Agreement. This document contains the entire and integrated agreement of the parties and may not be modified except in writing signed by both parties. 19. Conflict of Provisions. In case of conflict, the more specific provision of this Lease shall control. 20. Lease Binding on Successors and Assigns. The covenants and agreements contained in this Lease shall be binding on the parties hereto and on their respective transferees, successors, heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the parties have executed this Lease at /Z/1 , the day and year first above written. LANDLORD: TENANT: CITY OF KENT VHXA-RaLES E4RAMER. 1 l/ By Its JUDITH A. C _ Approved as to form: Kent City Attorney City Clerk: By STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this 14 day of 4 t , 1996, before me, the undersigned, a Notary Public in and for the State o as 'ngton, duly commissioned and sworn, personally appeared CHARLES E. ER and JUDITH A. CRAMER, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed the said instrument as their free and voluntary act and deed for the uses and purposes mentioned herein. WITNESS my hand and official seal hereto affixed the day and year above written. Notary Public in and for the tateof Gip. �_wH/r Washington residing at: " F My commission expires: _y9 .�Nf,�. = PAT R1CIA A. W K,s iv A Err P * Typed/Printed Name OFWAS -4 - STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of 1996, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of THE CITY OF KENT, a municipal corporation, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that is authorized to execute the said instrument and that the seal affixed is the corporate seal of the corporation. WITNESS my hand and official seal hereto affixed the day and year above written. Notary Public in and for the State of Washington, residing at My commission expires: 'ryped/Printed Name 4660102c:220 L002 - 5 - COVINGTON MINI STORAGE m �AOOEtiI buM� ' AND PARK-ALL lc 16222 S.E.272nd • Kent,WA 98042 (206)631-6566 L tFFILE !v-kco 0 0 a -v n d n , `^o t� CA rl _I O~ to m 3 0 b a -u. Exhibit A - e 2 a � Y. m Z, M 1319.02— —o- a f < c t � ' — 1 M1b A ws W 0 a � ya m P N r z O c v W y P I = JlF-LF - rzT.d. /3L ITL rsY KCSP 580073 F800 9150624 H s ;L h�a Coviilgton Min Storage n �t y ggM ot; Covington Mini-Storage 71 1 Y J Iti i e s4 _ [el.14 1,1 y zzr./a •� '� �fKC77978 4 O5 % Or n o S" r —1 t u+ & ?, Y � 9 - S. 164TH AVE. S.E. � � ,u�rr`yw/5..✓e,v¢o. u-a/CF u 1312.I 0 16s A Aw.6. .o.m Fa 2ui.✓aurn✓fv,.h' rD Cyi,.rrY TL y Kent City Council Meeting Date March 5 1996 Category Consent Calendar 1. SUBJECT: BOATING REGULATIONS - ORDINANCE 2. SUMMARY STATEMENT: Adoption of Ordinance No. 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. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• _ACTION• Council Agenda Item No. 3R ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter, 4 . 06 , of the Kent City Code entitled "Boating Regulations" relating to boating activities within the City of Kent . WHEREAS, the City Council recently adopted Chapter 4 . 06 of the Kent City Code establishing regulations for boating activities within the City; and WHEREAS, the City Council finds it appropriate to make certain provisions to Chapter 4 . 06 relating to water skiing and other changes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . Chapter 4 . 06 of the Kent City Code entitled "Boating Regulations" is hereby amended to read as follows : tl(O�NL�a'e�utaGthleJ CHAPTER 4 . 06 . BOATING REGULATIONS . Sec . 4 . 06 . 010 . Application of regulations . The provisions of this chapter shall be applicable to all watercraft and related uses in and upon all lakes within the geographical boundaries of the City of Kent . The provisions of this chapter shall be construed to supplement United States laws and state laws and regulations when not expressly inconsistent therewith. Sec. 4 . 06 . 020 . Definitions . For the purpose of this chapter, the following terms shall have the meaning ascribed in this section: A. "Authorized emergency watercraft" means any authorized watercraft of the City' s police or fire departments, the United States government, and State of Washington authorized patrol boats or watercraft . B . "City" means the City of Kent . C. "Obstruction" means any matter which may in any way blockade, interfere with or endanger any watercraft or impede navigation including but not limited to rafts, log booms, trees, lumber, and other similar material or objects . D. "Oil" means any oil or liquid, whether of animal , vegetable or mineral origin, or a mixture, compound or distillation thereof . 2 E . "Operator" means a person who is in control or in charge of a vessel or watercraft while it is in use . F . "Owner" means the person who has lawful possession of a watercraft or obstruction by virtue of legal title or equitable interest therein which entitles him or her to such possession. G. "Person, " when necessary, means and includes natural persons , associations, copartnerships and corporations , whether acting by themselves or by a servant, agent or employee; the singular number, when necessary, means the plural , and the masculine pronoun includes the feminine . H. "Pier" means any pier, wharf, dock, float, gridiron or other structure to promote the convenient loading or unloading or other discharge of watercraft , or the moorage of watercraft . I . "Police" or "Police Ddepartment" means the Police Department of the City of Kent . J. "Restricted area" means an area that has been marked in accordance with and as authorized by the law or regulations of the City, to be used for certain designated purposes such as swimming and aquatic events or otherwise closed to use by watercraft , the method of marking and designation of which shall have been made by the City in accordance with the provisions of this chapter. K. "Skin diving" means any free swimming person and/or any person who uses an artificial or mechanical means to replace his or her air, including self-contained underwater breathing 3 apparatus (SCUBA diving) , snorkel tube equipment and free diving gear . L. "Watercraft" means every description of boat , vessel , personal watercraft or similar craft : 1) twelve feet or greater with a beam of four feet or more or 2) equipped with motor power meaning motor propulsion machinery or an internal combustion engine regardless of length or beam, used or capable of being used as a means of transportation on water, or required to be registered by the Boat Safety Act of 1971 . PROVIDED THAT this definition shall not include authorized emergency watercraft or other authorized watercraft or craft used for public safety or emergency and rescue purposes . M. "Water ski" or "water skiing" means all forms, manners or means of person or persons being towed behind a motor -owered watercraft beat , including, but not limited to, skis, tubes ems. surfboards or similar contrivance . Sec . 4 . 06 . 030 . Motor powered watercraft prohibited - Exception Except on lakes otherwise specifically provided for in this chapter, no motor powered watercraft shall be operated on any lake within the City. 4 Sec . 4 . 06 . 040 . Negligent operation. No person shall negligently operate any watercraft in a manner so as to endanger cr be likely to endanger any person or property or at any rate of speed greater than will permit him or her in the exercise of reasonable care to bring the watercraft to a stop within the assured clear distance ahead. A violation of this section shall constitute a misdemeanor as defined in this chapter. Sec . 4 . 06 . 050 . Reckless operation. No person shall operate any watercraft in a reckless manner so as to endanger the life or limb, or damage the property of any person. A violation of this section shall constitute a gross misdemeanor as defined in this chapter. Sec. 4 . 06 . 060 . Required distance from power craft to swimmers and row boats . It is unlawful for any motor powered watercraft to be operated while the propeller is engaged within fifty feet of any swimmer or any row boat, canoe or other water conveyances . Sec . 4 . 06 . 070 . Dumping trash in lakes prohibited. The dumping, depositing, placing or leaving of any garbage, ashes, debris, brush or other material into any lake, is prohibited. ...r 5 Sec. 4 . 06 . 080 . Floating objects adrift. All watercraft , or any other article of value found adrift in any lake in the City, may be taken into possession and removed by the police or other authorized City official or agent and shall be subject to reclamation by the owner thereof , on payment by him or her to the City of any expenses incurred by the City and in case of failure to reclaim may be sold or disposed of according to law. Sec . 4 . 06 . 090 . Sunken watercraft . When any watercraft or obstruction has been sunk or grounded, or has been delayed in such manner as to stop or seriously interfere with or endanger navigation, the police may order the same immediately removed and if the owner, or other person in charge thereof , after being so ordered, does not proceed immediately with such removal , the police or other authorized city official or agent may take immediate possession thereof and remove the same, using such methods as in his or her judgment will prevent unnecessary damage to such watercraft or obstruction, and the expense incurred by the City in such removal shall be paid by the owner or other person in charge of such watercraft or obstruction; and in case of failure to pay the same, the City may maintain an action for the recovery thereof . 6 Sec. 4 . 06 . 100 . Intoxication. A. It is unlawful for any person who is under the influence of intoxicating liquor or _ e, e . drugs to operate or be in actual physical control of any watercraft . B . It is unlawful for the owner of any watercraft or any person having charge or control of such to authorize or knowingly permit the same to be operated by any person who is under the influence of intoxicating liquor, nai-eetie ef 1:�abrt fe3xtffting or drugs . C. Whenever it appears reasonably certain to any police officer that any person under the influence of, or affected by the use of, intoxicating liquor or of any eet4e drug is about to operate a watercraft in violation of subsection A above, said officer may take reasonable measures to prevent any such person from so doing. D. A violation of this section shall constitute a gross misdemeanor as defined in this chapter. Sec . 4 . 06 . 110 . Incapacity of operator. It is unlawful for the owner of any watercraft or any person having charge or control of such to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incapable of operating such watercraft under the prevailing circumstances . Sec . 4 . 06 .120 . Accidents . The operator of watercraft involved in an accident resulting in injury or death to any person or in damage to property shall immediately stop such watercraft at the scene of such accident and shall give his or her name, address, and the name and/or number of his or her watercraft , and the name and address of the owner, to the person struck or the operator or occupants of the watercraft collided with or property damaged, and shall render to any person injured in such accident reasonable assistance . Sec. 4 . 06 .130 . Accident reports . The owner or operator of any watercraft shall file a written report within forty-eight hours with the police department of any accident involving death or personal injury requiring medical treatment or property damage in excess of two hundred dollars in which such watercraft shall have been involved on any lake of the City. Sec . 4 . 06 . 140 . Overloading. A. No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity nor carry passengers in an unsafe manner taking into consideration weather and other existing operating conditions . B . Whenever it appears reasonably certain to any police officer than any person is operating a watercraft loaded 8 beyond its safe capacity, said officer may take reasonable measures to prevent any such person from so operating the craft . Sec. 4 . 06 . 150 . Watercraft operation within or bordering park property. No person shall have, keep or operate any boat , float , raft , or watercraft in or upon any lake, within the limits of any park property, or launch the same at any point upon the shores thereof bordering upon any park property, except at places set apart for such purposes by the parks and recreation department and so designated by signs . Sec. 4 . 06 . 160 . Restricted areas . In the interests of safe navigation, life safety and the protection of property, the city may designate restricted areas and the purpose for which same shall be used on any lake authorized for watercraft use . No person shall operate a watercraft within a restricted area; provided, that this section shall not apply to watercraft engaged in or accompanying the activity to which the area is restricted, nor to patrol or rescue craft or in the case of an emergency. Sec . 4 . 06 . 170 . Swimming. Swimming in the waters of the City shall be confined to : A. Restricted swimming areas, or .. 9 B . To within a distance of fifty feet from the shore, or a pier except when the swimmer is accompanied by a watercraft relative to water skiing or related watercraft activities . Sec . 4 . 06 . 180 . Skin diving. Skin diving shall be prohibited in all lakes in the City except as necessary for public employees and their agents or other authorized personnel to perform their duties or in the case of an emergency. Sec . 4 . 06 . 190 . Water skiing. Water skiing is prohibited on all C-� lakes within the City except for Lake Meridian which shall be regulated as se' forth in Section 4 . 06 . 210 . F"'so e= 9icd:9, cape, 9ui-rbea-rd 6 " sifni4mai- eent-ri�vanee shall lee prepelzedAwn the waters of the Git dnless sueh ate ea- afl r n—mac is unlawful te wa- ei- ski ene E4 yards r cans e€--the ftes-re peditieri9 Y-eute Fe ` . at az:d ettt l g to share, watei- 93 eics-may—t E. Ne- eperatei- of a wate:eei-aft shall has v . in tee a t F sunset t e . 10 an aelegaa`e—flotat}en-device . y 4 Sec . 4 . 06 .200 . Lake Fenwick - Motor-powered watercraft prohibited - Exception. It is unlawful to use or operate any watercraft with motor power on Lake Fenwick, except electric fishing trolling motors, and except as necessary for public employees and their agents or construction company employees to perform their authorized duties or in case of an emergency. Sec . 4 . 06 .210 . Lake Meridian - Motor powered watercraft restrictions =water skiing. The following rules and regulations are adopted for the use of motor-powered watercraft on Lake Meridian: A. It is unlawful to use or operate any watercraft powered by motor power on Lake Meridian, except that watercraft with the following engines will be permitted: 11 1 . Water-cooled outboard engines of stock manufacture or stock manufactured inboard engines with outboard drive units (inboard - outboards) which vent all exhaust gases through the lower drive unit in conjunction with cooling water and/or vent at a point on the drive unit which is under water at all times ; or watercooled direct drive inboard engines equipped with a muffler or silencer of sufficient size and capacity, to effectively muffle and reduce noise . This includes both propeller and jet propulsion watercraft . 2 . Air-cooled outboard or inboard engines of stock manufacture rated by the manufacturer at ten horsepower or less . 3 . Electric fishing trolling motors . B . It is unlawful to operate any watercraft powered by engines which are worn, damaged or modified in such a manner as to permit the noise level of exhaust gases or air intake devices to be increased above seventy-four decibels on the dB (A) scale is prohibited. E. Water ak±e3e a=e -pro L t L Meridian whieh inelideles the qwifRfRing leeaeh and heat la:aneh:�ng areas f tom. park-- E-C. No watercraft shall operate in excess of eight miles per hour after 6 : 00 p.m. until the hour of 9 : 00 a .m. and 12 not in excess of thirty-five miles per hour from 9 : 00 a .m. to 6 : 00 P .M. -FD . Watercraft exceeding speeds of eight miles per hour shall remain at least two hundred feet from the shoreline and one hundred feet from other watercraft and swimmers and shall proceed around the lake in a counterclockwise direction. G . L surL ii. A!Ipei-sens en water- skis, tomes, ±r-fbeai-ds ei- sifRilaac ecnita4�aice-'w`ill weara �4ir�:ieel States Feast Frttuix-d appreved . erne ,a1 fletat i en deyi ee . 4-E . All boats operating on Lake Meridian shall carry -a United States Coast Guard approved personal flotation devices life-pa�ese2 �e�f e� th ewahle eushien in good condition for each person in the watercraft . skis, tubes, st#fbear4s , er similaj� eesti4v-anee w3llreircal-F3 seated at—all rti:mes. Motor-powered watercraft operating after sundown shall be equipped with and have lit proper running lights .i 4 . 9G . 05G , as -aFnesdeel. All watei-e�aft gall 15e e eL—ate-? in L 13 en as a n y 9 9 as .-.Sv. NG. The anchorage or moorage of unoccupied watercraft is prohibited except when tied to a pier or dock with the permission of the owner of the pier or dock. 9H . No remote controlled watercraft powered by internal combustion engines shall operate before 9 : 00 a .m. or after 6 : 00 p.m. fftisdemeane de�ined in this r Gam. Skin diving is prohibited except as necessary for public employees and their agents or other authorized personnel to perform their duties or in the case of an emergency. J. The following regulations apply to all water skiing: 1 . Water skiing will be limited to the hours of 9 : 00 a.m. to 6 : 00 p .m. 2 . It is unlawful to water ski within three hundred feet of shore exceQt as follows : a) from privately owned shoreline water skiers may start at and return to shore by means of the most expeditious route ; b) from City owned shoreline water skiers may start or return (deep water start) from- a distance of 200 feet or greater from shore but are prohibited from starting or stopping within 200 feet of shore For purposes of this provision City owned shoreline includes the swimming beach and boat launching areas of the park For purposes of 14 startina at and returnina to shore as authorized herein, water skiers may temporarily exceed the speed limit of eight miles per hour. 3 . Watercraft towing persons on water skis tubes surfboards or similar contrivance shall carry a competent observer in addition to the driver or operator . 4 All persons on water skis , tubes , surfboards or similar contrivance shall wear a United States Coast Guard approved personal flotation device . 5 All persons in watercraft towing persons on water skis tubes surfboards or similar contrivance shall remain seated at all times . 6 All operators of watercraft having in tow or otherwise assisting a person on water skis tubes surfboards or similar contrivance shall comply with Sections 4 . 06 . 040 , 4 . 06 . 050 and 4 . 06 . 060 . 7 Regulations stated in this subsection shall not apply to watercraft used in water ski tournaments , competitions , expositions or trials therefore which have been duly authorized by the City. Sec . 4 . 06 . 220 . Equipment and numbering. All watercraft shall carry the equipment required by any applicable United States laws as now or hereafter amended, and shall be numbered or designated in accordance with any applicable United States lay:= as now or hereafter amended . 15 Sec . 4 . 06 .230 . Life preservers and running lights . Federal regulations covering equipping of watercraft with life preservers for each passenger, and also use of running lights for night operation, shall be strictly complied with. Sec . 4 . 06 . 240 . Oil . No owner, operator or other person in charge of any watercraft , and no person along or upon the shore of the waters of the City, shall spill, throw, pump or otherwise cause oil of any description to be or float upon the waters of the City. Any person causing oil to be upon the waters of the City as aforesaid shall remove the same and upon his or her failure to do so, the same may be removed by the City or other appropriate agency and the expense thereof shall be paid by and recoverable from the person causing said oil to be upon the water . The payment of such sum or the maintenance of an action therefore, shall not be deemed to exempt such person from prosecution for causing such oil spillage . Any willful violation of this section shall constitute a misdemeanor as defined in this chapter . Sec. 4 . 06 .250 . Nuisances . Sunken watercraft , refuse of all kinds, structures or pieces of any structure, timber, logs, piles, boom sticks, lumber, boxes, empty containers and oil of any kind floating uncontrolled on the water, and all other substances or articles of a similar nature, are hereby declared to be public nuisances 16 and it is unlawful for any person to throw or place in, or cause or permit to be thrown or placed, any of the above named articles or substances in any lake in the City, or upon the shores thereof or in such position that same may or can be washed into said lakes of the City, either by storms, floods, or otherwise . Any person causing or permitting said nuisances to be placed as aforesaid shall remove the same and upon his or her failure to do so, the same may be removed by the City or other appropriate agency and the expense thereof shall be paid by and recoverable from the person creating said nuisance . In all cases such nuisances may be abated in the manner provided by law. The abatement of any such public nuisances shall not excuse the person responsible therefore from prosecution hereunder. A violation of this section shall constitute a civil violation under Kent City Code chapter 1 . 04 for which a monetary penaltv may be assessed and abatement may be required as provided therein. In addition to or as an alternative to enforcement under chapter 1 . 04 , any person who violates this section shall be guilty of a misdemeanor as provided in this chapter. Sec . 4 . 06 .260 . Public health. All watercraft entering or in any lake in the City shall comply with the applicable public health laws and regulations of the United States, the state of Washington and its political subdivisions . 17 Sec . 4 . 06 .270 . Liability for damages . Nothing in this chapter shall be construed so as to release any person owning or controlling any watercraft , pier, obstruction or other structure, from any liability for damages , and the safeguards to life and property required in this chapter shall not be construed as relieving any person from installing and maintaining all other safeguards that may be required by law. Sec . 4 . 06 .280 . Authorized emergency and patrol watercraft. The provisions of this chapter shall be applicable to the operation of any and all watercraft on any lake in the City except that they shall not apply to any emergency and patrol watercraft performing the authorized duties for which such emergency and patrol watercraft were established. Sec . 4 . 06 .290 . Directing traffic, emergency powers . The police are hereby authorized to direct all watercraft traffic either in person or by means of visible or audible signal in conformance with the provisions of this chapter; provided, that where necessary to expedite watercraft traffic, or to prevent or eliminate congestion or to safeguard persons or property, such officers and other authorized officers of appropriate governmental agencies or authorities , may direct watercraft traffic as conditions may require, notwithstanding the provisions of this chapter . 18 Sec . 4 . 06 . 300 . Penalties . A. Civil Penalty. Except as provided in Subsections B and C below or as otherwise provided in this chapter, a violation of any of the provisions of this chapter shall constitute a civil violation for which a monetary penalty may be assessed in the amount of t c�--hunAaFe4 one hundred dollars ($zS9 - G9�100 . 00) . Each separate day, or portion thereof , during which any violation occurs shall constitute a separate violation . B . Misdemeanor. Any violation of any provision established in this chapter which as—a Rise'c-ftearie'- "`'a" constitutes a misdemeanor shall be punishable by a fine not to exceed one five thousand dollars ($s , 999 . GG 1 , 000 . 00) or by imprisonment not to exceed ninety (90) days ere—yeas, or by both such fine and imprisonment . Each separate day or portion thereof during which such violation occurs shall constitute a separate violation. C . Gross Misdemeanor. Any violation of any provision established in this chapter which constitutes a gross misdemeanor shall be ipunishable by a fine to exceed five thousand dollars 5 000 . 00 or by im risonment not to exceed one year, or by both such fine and im-prisonment . Ea h se arate dav or loortion thereof during which such violation occ rs shall constitute a seiparate violation. ^ Vv 19 Sec . 4 . 06 . 310 . Authority of officers to board watercraft Commissioned officers --f the City are hereby given the authority to board any watercraf- found underway on any lake of the City for the purpose of ins-=ctio?i and enforcement of this chapter . Sec . 4 . 06 .320 . Interlocal cooperation. Nothing in this chapter shall preclude the City from entering into interlocal agreements with cities and towns for the administration and enforcement cf this chapter . Sec. 4 . 06 . 330 . Enforcement. It shall be the duty cf the police department or other city department or official as a-,thorized by the mayor to enforce all sections of this chapter. SECTION 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity 'or unconstitutionalitv shall not affect the validity or constitutionality of any othe- section, sentence, clause or phrase of this ordinance . 20 SECTION 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1996 . APPROVED day of 1996 . PUBLISHED day of 1996 . 21 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 boatregb.ord 22 Kent City Council Meeting Date March 5 . 1996 Category Other Business 1. SUBJECT: SISTER CITY AGREEMENT WITH NORWAY - AUTHORIZATION 2 . SUMMARY STATEMENT: The Operations Committee has recommended that the Mayor be authorized to sign a Sister City Agreement promoting cooperation and exchanges to strengthen the under- standing between the citizens of our cities. 3 . EXHIBITS: Memorandum to the City Council, proposed agreement 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember— seconds to authorize :t3 Mayor to sign the Sister City Agreement with Ferde, Norway. DISCUSSION• ACTION• e V t Council Agenda Item No. 4A February 20, 1996 MEMORANDUM TO: CITY COUNCIL PRESIDENT CHRISTI HOUSER CITY COUNCIL MEMBER JON JOHNSON CITY COUNCIL MEMBER JUDY WOODS CITY COUNCIL MEMBER LEONA ORR CITY COUNCIL MEMBER JIM BENNETT CITY COUNCIL MEMBER TIM CLARK CITY COUNCIL MEMBER CONNIE EPPERLY FROM: MAYOR JIM WHITE SUBJECT: SISTER CITY AGREEMENT WITH FERDE, NORWAY I have given each of you a copy of the agreement that has been developed for our proposed Sister City Relationship with Ferde,Norway. This proposed agreement, developed by the Kent Sister City Association and the Kent/Sunnjford Sister City Partnership Committee, follows closely the format that we have developed for our other three sister cities. It strives to emphasize cooperation and exchanges that will promote and strengthen understanding between the citizens of our cities. The proposed agreement is simply a starting point for dialogue. Nothing has been decided as vet that obligates the City of Kent to anything other than exploring the possibilities and opportunities. When we hear back from Norway, I will share with you their views on how the Sister City Relationship should develop. I will not be proposing any budget adjustment as we pursue this relationship. AGREEMENT ON SISTER CITIES OF (FORDE, JOLSTER, AND NAUSTDAL) SUNNFJORD, NORWAY AND KENT (THE USA, WASHINGTON) The Mavor of Jolster Kommune, Gerd Dvergsdal, the Mayor of Naustdal Kommune, Kjell Klopstad, and the Mayor of Forde Kommune, Aud Viken, representing the Sunrijord area of Norway; and the Mayor and the City Council of Kent, expressing the will of their residents, are striving for strengthening relations between our cities, and are convinced that these ties will become an important contribution to the cause of peace, friendship and mutual understanding between nations. Representing corresponding authorities, Mayor Gerd Dvergsdal, Jolster Kommune, Mavor Kjell Klopstad, Naustdal Kommune, and Mayor Aud Viken, Forde Kommune and Jim White, Mayor of the City of Kent, solemnly declare our will on becoming (Jolster, Naustdal, Forde) Sunnf ord area and Kent related. Giving concrete expression to the spirit of international friendly relations, all cities will cooperate within limits of rights conceded to them by the higher government bodies: • To exchange information about the life of the cities and their populations, activities of local government bodies that will promote mutual acquaintance with experience in solving such questions as organization of public services and amenities of the cities economy, industry, transport, health protection, education, trade, culture, sports, social security, organization of people's leisure; • To promote the exchange of official delegations, representatives of public organizations, specialists in different branches of maintenance of town economy, groups of tourists, students, teachers, doctors, workers, amateur groups; musicians, and sportsmen. Accomplishment of the present agreement in every particular occasion must be coordinated between the Kent/Sunnjford Sister City Partnership Committee and the Kent City Government. This agreement is signed this—day of 1996. Gerd Dvergsdal Kjell Klopstad Aud Viken Mavor of Jolster Kommune Mavor of Naustdal Kommune Mavor of Forde Kommune Jim White Mavor of Kent c: Mike McIntyre President. Kent Sister Cities Association T('5 Kent City Council Meeting Date March 5, 1996 Category Other Business 1. SUBJECT: CITY COUNCIL RULES - RESOLUTION 2 . SUMMARY STATEMENT: The proposed resolution establishes rules and procedures for the City Council, City Council meetings and Council Committee meetings. C% � v 3 . EXHIBITS: 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 41 moves, Councilmember seconds to adopt Resolu ion No. establishing rules and procedures for the City Council, City C uncil meetings and Council Committee meetings. DISCUSSION• ACTION• m" Council Agenda Item No. 4B Go)"c.\ 1. I2u L.60S NbOV a TO A GP40 5e(=rjoN 17 or- Trkt S rt�Sot,�rn zo IAML Ann 11-M pN12AS�� 1 N A'f QQXWC� R r 'CtW ML= 'nwr SEtS OAJ • c n ftwes irva is A+s wk T o L c*J,4vtVLAI"i -rrhL 4OWc4L MKMI)VK. ,J 4*rIWMU 40JS%t unVL CK. n=-e4Ai fx44PA tNAM5, 54*4.- o� TNT CCUAJC.t L . RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to rules and procedures for the City Council, City Council Meetings, Council Committee Meetings and further repealing Resolution No. 1094. WHEREAS, the City Council, pursuant to Resolution No. 1094, established rules and procedures for the City Council, City Council Meetings and Meetings of Council Committees; WHEREAS, the City Council desires to update and revise those rules and procedures; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Applicability. The rules and procedures contained herein shall govern all meetings of the Council of the City of Kent, Washington and committee's thereof. Council Rules I. COUNCIL PRESIDENT - - MAYOR PRO TEMPORE Section 2. Term. The City Council shall elect from its members a President of the Council during the month of January in the even numbered years on or before the second regular meeting of said month for a two-year term. No Councilmember may serve consecutive terms as Council President. Section 3. Mayor Pro Tempore. The Council President shall serve as Mayor Pro Tempore and shall preside at all meetings of the Council when the Mayor is not present. The Mayor Pro Tempore shall act as Mayor and assume the authority and perform the duties thereof whenever there is a vacancy in the office of the Mayor or the Mayor is absent from the City or is unable for any cause to discharge the duties of Mayor. Section 4. President Pro Tempore. A President Pro Tempore may be appointed by the Council President in the absence of the duly -elected Council President. The President Pro Tempore shall have the same authority and duties as the Council President. Section 5. Duties and Responsibilities. The Council President shall administer the Council budget, set the Council's agenda, refer proposed ordinances and resolutions to the appropriate Council committee and may call for a workshop or a meeting of the committee of the whole Council. The Council President shall appoint the membership of each established 74 committee and the committee Chairpersons by the third regular meeting of the year. The Council President may substitute for an absent Ccuncilmember on any of the Council's committees at the request of the committee chairperson. II. COUNCIL MEETINGS Section 6. Regular Meetings. Pursuant to Kent City Code 2.01.020, the regular meetings of the Council shall be held on the First and Third Tuesday of each month except that during the month of December of each year, there shall be only one regular council meeting to be held on the second Tuesday of said month. If any such day of a regular meeting is a legal holiday, the meeting shall be held on the next business day. All council meetings shall be held in the City Council Chambers of the City Hall at seven o'clock p.m. unless otherwise determined by the City Council. Section 7. Special Meetings. Special meetings or hearings of the Council may be called by the Mayor or any three members of the Council by written notice delivered to each member of the Council at least twenty-four (24) hours before the time specified for the proposed special meeting or hearing. In addition, the City Clerk shall give notice of such special meeting as further provided for in RCW 42.30.080. The notices provided in this Section may be suspended pursuant to RCW 42.30.070 in the event a special meeting is called and there is a 9 need for expedited action due to fire, flood, earthquake or other emergency. Section 8. Presiding Official. Regular meetings of the Council shall be presided over by the Mayor, if present, or the Council President who shall be Mayor Pro Tempore. In the absence of the Mayor and Council President and Council President Pro Tempore, a member of the Council selected by a majority of the Council present shall preside. The presiding over a meeting by the Mayor Pro Tempore, President Pro Tempore or by a Councilmember shall not in any way abridge that member's right to vote on matters before the Council during such meeting. Section 9. Forfeiture of Office. Pursuant to RCW 35A.12.060, a Councilmember shall forfeit office if he or she fails to attend three consecutive regular meetings of the council without being excused by the council. Section 10. Quorum. At all meetings of the Council, a majority of the Councilmembership shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time and may compel the attendance of absent members. Section 11. Majority Vote. Action by the City Council requires the affirmative vote of a majority of members voting at a legal meeting except that the passage of any ordinance, grant or revocation of any franchise or license, and any resolution for the payment of money shall require the affirmative vote of at least a majority of the whole membership of the Council. H Section 12. Executive Sessions. The City Council may hold executive sessions during a regular or special meeting to consider matters as permitted pursuant to RCW 42.30.110 and RCW 42.30.140. No official action shall be taken during any executive session. No member of the City Council, employee of the city or any person present during an executive session shall disclose to any other person the content or substance of discussion which took place during the session, unless a majority of the Council authorizes such disclosure. Executive sessions, to the extent permitted by law, shall be limited to members of the City Council, the Mayor and staff, and other personnel as authorized by the City Council. Section 13. Agendas. Only items that have been previously discussed by a Council Committee shall be put on the agenda for a Council meeting, unless approved by the Council President. The order of Business of all meetings of the Council shall be as follows: 1. Call to order/ Pledge of allegiance; 2. Roll Call; 3. Public Communications; 4. Public Hearings; S. Consent Calendar; 6. Other Business; 7. Consideration of bids, and related matters; 8. Report from standing committees and staff; 9. Report from special committees; 10. Continued communications; 11. Executive Sessions (as required) 5 12. Adjournment Section 14. Public Communication. No person shall address the Council without the permission of the presiding officer except during the third, fourth and tenth orders of business set forth in Section 9 above. When addressing the Council, each person shall proceed to the speaker's podium, unless otherwise directed by the presiding officer, and shall state their name and address for the record and state the subject they wish to discuss. Remarks will be limited to the time allocated by the Council for each speaker. All remarks shall be pertinent to the subject matter at hand and shall be addressed to the presiding officer and the Council as a whole and not to any member individually. No questions shall be asked of a Councilmember or member of the City Staff without the permission of the presiding officer. No one shall use any impertinent, degrading or slanderous language to the presiding officer, Councilmember, staff or other member of the public or otherwise engage in disruptive behavior. Such conduct shall constitute grounds for removal from the Council Chambers at the Council's direction. Section 15. Added Agenda Items. A member of the public, council or the Mayor may ask that an item be considered by the City Council, even if it is not identified on the formal agenda, by raising the issue during Public Communications. Section 16. Mayor Participation. The Mayor may address the Council on any matter or participate in the debate of R any question, provided the Mayor shall first call upon the Council President to take the chair. Section 17. Councilmember Conduct. While the Council is in session, all its members must preserve order, decency and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refusing to obey the order of the Presiding Officer. The members of the City Council may reprimand another Councilmember for disorderly conduct and, upon written charges entered upon the journal thereof, may expel a member from the Council Meeting by two- p AICe thirds (2/3) vote of the membership of the Council. tea ' u � fkaf av--- Section 18. Voting. Discussion by members of the Council shall relate to the subject matter at hand and shall be relevant and pertinent. Every Councilmember, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excused by the Council, shall cast his or her vote upon any matter put to vote by the legislative body. Any Councilmember who abstains from voting without a valid reason for such abstention shall be deemed to have cast their vote with the majority on any issue so voted upon. Tie votes shall be lost motions and may be reconsidered unless such tie is broken by the Mayor's vote if permitted pursuant to RCW 35A.12.100-120. At the demand of any member, any question shall be voted upon by a roll call and the "ayes" and "nays" shall be recorded in the journal. 7 Section 12. Motions for Reconsideration. A motion to reconsider any action taken by the City Council maybe made only on the day such action was taken. Such motion may be made only by one of the Councilmembers who voted with the prevailing side. Nothing herein shall be construed to prevent any Councilmember from making or remaking the same or any other motion at a subsequent meeting of the Council. Section 20. Summoned to Meetinas. Every City official or employee who shall fail to report to the Council at times and in a manner requested by the Council, shall be summoned in accordance with the direction of the Council. During meetings of the Council and its Committees, City officials, employees and members of the public shall observe the same rules of order and decorum as are applicable to members of the City Council. Section 21. Ordinances Resolutions and Contracts - Presentation. No ordinance, resolution, contract document or other matter for consideration shall be prepared for presentation to the Council unless ordered by a majority of the Council, or requested by the Mayor, or submitted by the City Attorney unless otherwise approved by the Council President. All ordinances, resolutions, contract documents and other such material shall, before presentation to the Council and its committees, have been approved as to form by the City Attorney and shall have been examined and approved by the Department head having jurisdiction over the subject matter of such ordinance, resolution and contract document, or by his or her duly authorized representative. 1'3 Section 22. Parliamentary Rules. The City Attorney shall act as parliamentarian and advise the presiding officer on inquiries concerning parliamentary procedure. The presiding officer shall rule on issues of parliamentary procedure, unless overruled by a majority of the Councilmembers present. Robert's Rules of Order (latest revision) shall govern the deliberations of the Council except when in conflict with any section herein. Section 23. Susoending the Rules. When the suspension of a rule is requested, and no objection is offered, the Presiding Officer shall announce that the rules are suspended and the Council may proceed accordingly. When there is an objection to suspending the rules, it shall require a vote of majority of the members present to suspend the rules. III. COUNCIL COMMITTEES Section 24, Established. There are hereby established the following five standing committees each of which shall consist of three Councilmembers: a chairperson, and two other Councilmembers. Councilmembers shall be appointed to a committee by the Council President for a two-year term. 1. Operations Committee. The Operations Committee shall consider matters related to the general fiscal and financial conditions and operations of the City. This committee shall also consider all policy matters related to personnel, including, but not limited to, salary ranges and step schedules, 601 position classification, merit system development and other items in coordination with the Operations Department and other departments as appropriate. This is not to be construed as a limitation or infringement upon the executive powers of the Mayor. 2. Parks Committee. The Parks Committee shall consider all matters related to planning and implementation of recreational facilities, programs and activities in the city, including but not limited to, the Kent Senior Center, Resource Center, Kent Commons and Golf Course, as well as coordination of programs and activities with affected school districts. 3. Planning Committee. The Planning Committee shall consider all matters related to Community growth and development including, but not limited to, planning of the physical, economic, aesthetic, and social development of the city, including, without limitation, the City's Comprehensive Land Use Plan, Zoning Code, housing policies, annexation policies, and Human Services operations. 4. Public Safety Committee. The Public Safety Committee shall consider matters related to Police and Fire protection, including, but not limited to, law enforcement, fire fighting and emergency response services, hazardous material, controls and general dispatch. S. Public Works Committee. The Public Works Committee shall consider matters related to right-of-ways and 10 water, sewer and storm drainage systems. It shall also consider matters related to transportation, transportation plans, traffic, transit, streets, street lighting, signalization, maintenance and telecommunications. Section 25. Duties and Responsibilities. The Council committees shall consider all matters referred to them. All proposed ordinances or resolutions and other matters for Council consideration shall first be discussed by, or referred to, the appropriate Council Committee, unless otherwise designated by the Council President; PROVIDED, however, the Council shall not be denied the right to refer the subject to a Committee or workshop for further consideration. Matters not otherwise designated shall be assigned for consideration to a Council meeting, workshop or to the appropriate Council committee by the Council President, in consultation with the Mayor. Each Committee Chairperson shall report to the Council the findings and/or recommendations of the committee. Section 26. Ouorum. No committee shall act in the absence of a quorum, which shall consist of at least two members. At the request of the committee chairperson, the Council President or another Councilmember may sit on any committee when necessary to constitute a quorum or to fill a vacancy. Section 27. Committee of the Whole. Council workshop meetings where the Council sits as a committee of the whole shall be held at such time and location as announced by the Council. 11 Public input shall be permitted at Council workshops at the discretion of the City Council. Section 28. Committee Reassignments. The City Council, upon a vote of the majority of its membership, may reorganize and rearrange the membership of standing committees including the discontinuance of any standing or special committee and the reassignment of its duties and functions to another committee or committees, together with the establishment of special, temporary and ad hoc committees. Section 29. City Council Resolution 1094 is hereby repealed in its entirety. 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. ATTEST: BRENDA JACOBER, CITY CLERK JIM WHITE, MAYOR 12 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. council.res BRENDA JACOBER, CITY CLERK 13 (SEAL) <60 Kent City Council Meeting Date March 5,_ 1996 Category Other Business NT TO E KENT 1. SUBJECT: SCHOOL IMPACT FEES - COMPREHENSIVE PLAN TOAADOPT EH SCHOOLS CAPITAL FACILITIES PLANS CPA-96-1 - ORDINANCE 2. SUMMARY STATEMENT: The Interim Kent Land Use & Planning Board held a hearing on February 61 1996 and recommended approval of an amendment to the Kent Comprehensive Plan (CPA-96-1). This amendment would incorporate the Kent and Federal Way School Districts' Capital Facilities Plans into the City of Kent Comprehensive Plan and establish a fee schedule to assess school impacts for single and multifamily homes pursuant to the new Kent City Code Chapter 12.13. 3. EXHIBITS: Ordinance and City Council minutes of January 2, 1996 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 l�i imoves, Councilmember U u seconds to adopt Ordinance No. 3;,�) which amends the City of Kent Comprehensive Plan by adopting the Capital Facilities Plans of the Federal Way and Kent School Districts' as a sub -element of the Kent Capital Facilities Plans and establishes a base fee schedule for school impact fees as set forth in each school districts' capital facilities plans. DISCUSSION: ACTION: r le Council Agenda Item No. 4C ORDINANCE NO. D AN ORDINANCE of the City of Kent, Washington, relating to School Impact Fees for the Kent School District and the Federal Way School District within the City of Kent; establishing school impact fees to be collected by the City of Kent on behalf of the districts; adopting the Capital Facilities Plans of the districts as•an element of the Kent Comprehensive Plan for purposes of implementing the Impact Fee Program; and amending Ordinance No. 3222, Section 1. WHEREAS, in compliance with the Growth Management Act, the Kent School District No. 415 and Federal Way School District No. 210 adopted Capital Facilities Plans in April of 1995; and WHEREAS, the plans have been reviewed by the interim Land Use and Planning Hearings Board for the City of Kent; and WHEREAS, on January 30, 1996, the interim Land Use and Planning Hearings Board recommended the adoption of the district's plans as a sub -element of the capital facilities element of the Kent Comprehensive Plan; and School Impact Fee WHEREAS, the plans contain the information required under the Growth Management Act and the City of Kent Ordinance .. No. 3222; and WHEREAS, by Resolution #1450, the Kent City Council declared an emergency pursuant to the comprehensive Plan Amendment procedures set forth in Kent City Code Chapter 12.02; and WHEREAS, the City has provided notice of the Emergency Comprehensive Plan Amendment to the State of Washington, and the state and citizens have the opportunity to comment, or to take such other action as they may deem appropriate, during the 60 day period prior to the effective date of this ordinance; and WHEREAS, the SEPA responsible official has reviewed th— Comprehensive Plan Amendment adopting the Districts' Capital Facilities Plans as a sub -element of Kent's Comprehensive Plan Capital Facilities Element and has issued a Determination of Nonsignificance, a copy of which is attached hereto as Exhibit A; and WHEREAS, since the adoption of Ordinance No. 3260, the district does not believe multi -family studio units have impacts on the districts and therefore no fee is assessed on multi -family studio units at this time; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: 2 SECTION I. Authority. This ordinance is adopted to implement the policies of the City of Kent Comprehensive Plan and the 1990 Growth Management Act. This ordinance is necessary to address identified impacts of development on the districts participating in the Impact Fee Program to protect the public health, safety and welfare, and to implement the City of Kent's authority to impose impact fees pursuant to RCW 82.02.050 through RCW 82.02.080. SECTION 2. Ordinance Amendment. A new section is hereby added to Ordinance No. 3222, Sub -Section 4, to read as follows: a.) Kent School District No. 415 Capital Facilities Plan, April 1995, and Federal Way School District No. 210 Capital Facilities Plan, April 1995, which are included in Exhibits B and C, respectively, and are incorporated herein by reference, are adopted as a sub -element of the Capital Facilities element of the Kent Comprehensive Plan. Copies of each Districts' Capital Facilities Plans shall be on file with the City Clerk. SECTION 3. City Code Amendment. Chapter 12.13 of the Kent City Code is hereby amended to add a new Section 12.13.160 as follows: 3 Sec. 12.13.160. Base Fee Schedule. The following fees shall be assessed for the indicated type of development: Multi - Family School District Single Family Multi -Family Studio Kent, No. 415 $3,675.42 $1,935.94 $0.00 Federal Way, No. 210 $1,707.00 $1,423.00 $0.00 SECTION 4. Assessment of Fees. The assessment and collection of impact fees are governed by Chapter 12.13 of the Kent City Code. SECTION 5*. Comprehensive Plan Amendment. The section entitled "PUBLIC EDUCATION FACILITIES" in Chapter 8 of the City of Kent Comprehensive Plan, which appears on page 8-12, is hereby amended as follows: PUBLIC EDUCATION FACILITIES Most of Kent's residential areas are served by the Kent School District. The Renton School District serves students from an area of Kent near the north City limits, and Kent students from a section of the West Hill of Kent attend Federal Way Schools. Detailed inventories of school district capital facilities are contained in the capital facilities plan of each school district. The capital facilities glans of the Kent and Federal Way School Districts have been adopted as part of the City's Capital Facilities Element. 0 El The geographic locations of schools in Kent are found on Figure 8.1. SECTION 6*: Comprehensive Plan Amendment. The following new paragraph shall be added to Chapter 8 of the City of Kent Comprehensive Plan, to be inserted immediately after the heading entitled "ANALYSIS OF IMPACTS," which appears on page 8- 13: ANALYSIS OF IMPACTS The following section outlines the capital costs financing, and levels of service for the public facilities which are provided by the City of Kent This same information for the Kent and Federal Way School Districts is available in the districts' c vital facilities plans which have been adopted by reference as part of the Capital Facilities Element. SECTION 7*: Comprehensive Plan Amendment. A new Capital Facilities Policy (Policy CFP-6.5) shall be added to the section entitled "CAPITAL FACILITIES GOALS AND POLICIES," in Chapter 8 of the City of Kent Comprehensive Plan to be inserted after the existing Policy CFP-6.4, which now appears on page 8- 27: CAPITAL FACILITIES GOALS AND POLICIES Policy CFP 6 5-The City shall adopt the capital facilities lans of the Kent and Federal Wav School Districts by reference as part of this Capital Facilities Element. The 5 s City will review these plans on an annual _basis to assess the districts, enrollment projections, levels of service, capacity, and financing plan. *A copy of the text (only) of Chapter 8 which incorporates the preceding amendments is attached as Exhibit D and shall be on file with the City Clerk. SECTION 8. Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remainder of the ordinance or the application of the invalidated provision to other persons or circumstances. SECTION 9. Effective Date. This ordinance shall be effective commencing April 1, 1996. ATTEST: BRENDA JACOBER, CITY CLERK JIM WHITE, MAYOR 0 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED APPROVED PUBLISHED day of day of day of 1996. 1996. 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. scimfee.ord BRENDA JACOBER, CITY CLERK 7 (SEAL) SEPA RULES EM A WAC 197-11-965 Adoption Notice Adoption for (check appropriate box) A DNS _ EIS —other Description of current proposal Comprehensive Plan amendment to incorporate the capital facilities plans of both the Federal Way and Kent School Districts into the City of Kent Capital Facilitv Plan amendment Proponent City of Kent Location of current proposal City limits of the City of Kent WA Title of document being adopted Kent School District 1995 6 year Capital Facilities Plan/DNS.- Federal Way School District 1994/95 6 year Capital Facility Plan/DNS Agency that prepared document being adopted Kent School District/Federal Way School District Date adopted document was prepared KSD -June 22 1995 FWSD - March 10 1995 Description of document (or portion) being adopted Declaration of Nonsignificance and environmental checklists for the Kent and Federal Way School Districts' capital facilities plans If the document being adopted has been challenged (197-11-630), please describe: NA The document is available to be read at (place/time) Kent Planning Department Centennial Building 220 4th Avenue South Kent WA 98032 We have identified and adopted this document as being appropriate for this proposal after independent review. The document meets our environmental review needs for the current proposal and will accompany the proposal to the decision maker. Name of Agency adopting document Cily of Kent Contact person, if other than responsible official Fred N. Satterstrom Phone: 859-3390 Responsible Official James P. Harris Position/title Planning Director Phone: 859-3390 I:'r4ran; Date EXHIBITS B, C, and D are available for review in the City Clerk's Office. January 2, 1996 ADULT USE uses to a small area in the city, which will make it easier for police to patrol if one or more of these establishments were to open. Orr's motion to adopt Ordinance No. 3275 then carried with Bennett and Epperly opposed. IMPACT FEES (OTHER BUSINESS - ITEM 4D) School Impact Fees - Authorization to Amend Comprehensive Plan. The proposed resolution declares an emergency pursuant to City Ordinance No. 3237 and authorizes the preparation of an amendment to the City's Comprehensive Plan to adopt the Capital Facilities Plans of school districts who choose to participate in the City's school impact fee program. The City Attorney noted that this is one component of the school impact fee program. ORR MOVED to enter into the record a letter received from the school district this afternoon regarding this issue. Woods seconded and the motion carried with Bennett opposed. ORR MOVED to adopt Resolution No. 1450 declaring an emergency and authorizing the City to con- sider the addition of School District Capital Facilities Plans as sub -elements of the City's Comprehensive Plan. Woods seconded and the motion carried with Bennett and Epperly opposed. ALTERNATIVE (OTHER BUSINESS - ITEM 4C) MEDICINE Alternative Medicine as an Economic Development Effort. The proposed resolution has been recom- mended by the Natural Medicine Economic Task Force promoting Kent as the "Wellness Capital of America" and encouraging the establishment of wellness -oriented medical practices and asso- ciated businesses in the City of Kent. Mayor White introduced Merrily Manthey and com- mended her for her efforts on this issue. Lin Houston stated that she has benefitted greatly from alternative medical care, and said that the city has been very progressive in caring for it's residents, citing the parks and recreation pro- grams, cultural arts programs, and human services programs as examples. She pointed out that the King County Council recently provided for a natural medicine public health clinic, which is 9 <o Kent City Council Meeting Date March 5. 1996 Category Other Business 1. SUBJECT: KENT ZONING CODE AMENDMENT - HAZARDOUS SUBSTANCE LAND USE FACILITIES SETBACKS - ZCA-96-2 2. SUMMARY STATEMENT: The Interim Land Use & Planning Board has recommended amending Kent City Code Section 15.08.050D.9. This Zoning Code 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 'r ublic recreation areas" does not include public trails. 3. EXHIBITS: Staff repo t and Land Use & Planning Board minutes of February 20, 1996 4. RECOMMENDED BY: Lan Use & Planning Board (Committee, Staffj Examiner, Commission, etc.) 5. NO YES 6. EXPENDITURE RE UI ED: $ SOURCE OF FUND S• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve Kent Zoning Code Amendment ZCA-96-2 hanging the setbacks for hazardous substance land use facilities and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION: rfi ACTION: WC "' Council Agenda Item No. 4D CITY OF �Lr!2 U Jim White, Mayor Planning Department (206) 859-3390 James P. Harris, Planning Director PLANNING DEPARTMENT MEMORANDUM January 29, 1996 TO: INTERIM LAND USE AND PLANNING BOARD Leona Orr Tim Clark Jon Johnson FROM: FRED N. SATTERSTROM, PLANNING MANAGER RE: PROPOSED ZONING CODE AMENDMENT - SETBACKS FOR HAZARDOUS SUBSTANCE LAND USES KCC 15.08.050D.9 (-4ZCA-96-2) Background: In response to state law, the City of Kent amended its Zoning Code in 1988 to require hazardous substance and hazardous waste uses, as defined, to meet specific site development standards. These standards are enumerated in Section 15.08.050D.9 and include the following setback requirements: 1. 200-foot setback from unstable or steep slopes; 2. 200-foot setback from the ordinary high water mark of streams or rivers; I one -quarter mile setback from public parks and recreation areas; 4. 50-foot setback from all property lines; 5. 500-foot setback residential zones and 100-foot setback from residential uses; and 6. 500-foot setback from public gathering places. A copy of these regulations are attached. 220 Jth AVE. SO / KENT WASHINGTON 980:' 5895 1 TELEPHONE /'06)859 'ioo / FAX a 859 ' 3i1 RE: Setbacks for Hazardous Substance Land Uses KCC 15.O8.050d.9 (#ZCA-96-2) January 29, 1996 Page 2 M2 (Limited Industrial) and M3 (General Industrial) zoning districts allow, either outright or by conditional use permit, most hazardous substance and hazardous waste land uses. However, the Interurban Trail - a "public recreation area" - runs through the center of the industrial area. With a one -quarter mile setback, much of the NO zoning district would be off-limits to hazardous substance/waste land uses if variances were not granted. Since 1993, six variances from this setback regulation have been granted by the City: Matlack Inc. (#V-93-2), Leisure Supply (9V-93-4), Pacific Detroit Diesel (#V-93-5), Preservative Paints (4V-95-4), Puget Power (4V-95-7), and Heath Tecna (#V-95-8). Variances have been granted because all applicants have demonstrated that without relief from this requirement the use could not be located anywhere on the property. Yet, environmental impacts have been mitigated through the SEPA process as well as by compliance with spill contingency plans required by the City and state. The continued review of these variance requests together with the public hearing requirement is not warranted. Staff recommendation: The Planning Department staff recommends that Section 15.08.050D.9.a.(3) be modified as follows: (3) One -quarter mule from public parks, public recreation areas or natural preserves, or state or federal wildlife refuges, provided that for purposes of this section public recreation areas does not include public trails. FNS/tb:hazwaste.zca Attachment cc: James P. Harris, Planning Director A- TAC-H M ENT A § 15.08.050 BENT CITY CODE 7. Smoke, fly ash, dust, fumes, zapors, gases or minor streams or lakes which and other forms of air pollution. The stan- are delineated on the hazard area dards of the Puget Sound Air Pollution Con- development limitations map or as trol Agency, Regulation I, or those regula- may be more precisely determined tions as may be subsequently amended, per subsection 15.08.224 B., shore - shall apply. lines of statewide significance, or 8. Liquid or solid wastes. No discharge of any shorelines of the state; materials of such nature or temperature as (3) One -quarter mile from public can contaminate any water supply, inter- parks, public recreation areas or fe-e with bacterial processes in sewage natural preserves, or state or fed - treatment or otherwise cause the emission eral wildlife refuges; of dangerous or offensive elements shall be (4) Fifty (50) feet from any property permitted at any point into any public line to serve as an onsite hazardous sewer, private sewage disposal system or substance land use facility buffer stream, or into the ground, except in accord with standards approved by the state de- zone; (5) Five hundred (500) feet and one partment of ecology or other appropriate hundred (100) feet from a residen- state agencies. tial zone and a residential unit re- 9. Hazardous substances or wastes. No release spectively-, and of hazardous substances or wastes as can (6) Five hundred (500) feet from a contaminate any water supply, interfere public gathering place or agricul- with bacterial processes in sewage treat- tural land or zone, in the case of a ment or otherwise cause the emission of nonagricultural hazardous sub - dangerous or offensive elements shall be stance land use facility; permitted at any point into any public sewer, private sewage disposal system, wa- c. Hazardous substance land use facili- tercourse or water body, or the ground, ex- ties shall not be located in a one- cept in accordance with standards approved hundred -year floodplain; by the state department of ecology or other d. Hazardous substance land use facili- appropriate state or federal agency. The rel. ties which are not entirely enclosed evant provisions of federal, state and local within a building shall provide a type I laws and regulations shall apply, and com- solid screen landscaping of a width of pliance shall be certifled'by applicants for at least ten (10) feet in the hazardous permits under this title. The following site substance facility buffer zone required development standards shall apply: by subsection b.(4) of this section; a. Hazardous waste facilities shall meet e. Aboveground hazardous substance land the location standards for siting dan- use facilities shall be constructed with gerous waste management facilities containment controls which will pre - adopted pursuant to RCW ch. 70.105; vent the escape of hazardous substances b. Hazardous substance land use facili- or wastes in the event of an accidental ties shall be located at least: release from the facility, and shall meet (1) Two hundred (200) feet from un- federal, state and local design and con- stable soils or slopes which are de- struction requirements; lineated on the hazard area devel- f. underground hazardous substance land opment limitations map or as may use facilities shall meet federal, state be more precisely determined per and Iocal design and construction re - subsection 15.08.224 B.; quirements; (2) Two hundred (200) feet from the g. Hazardous substance land uses shall ordinary high-water mark of major comply with article 80 of the Uniform 1248 wy-Ori CITY OF J�Ia? H LAND USE & PLANNING BOARD MINUTES Public Hearing February 20, 1996 Jim White, Ma - The meeting of the Kent Land Use & Planning Board was called to order by Interim Chair Leona Orr at 4:50 p.m. on February 6, 1996, in Chambers East of Kent City Hall. INTERIM LAND USE & PLANNING BOARD MEMBERS PRESENT: Leona Orr, Chair Tim Clark Jon Johnson INTERIM LAND USE & PLANNING BOARD MEMBERS ABSENT: None PLANNING STAFF MEMBERS PRESENT: James Harris, Planning Director Fred Satterstrom, Planning Manager Kevin O'Neill, Senior Planner Cyndi Wells, Administrative Secretary OTHER CITY STAFF MEMBERS PRESENT: Laurie Evezich, Assistant City Attorney #ZCA-96-2 HAZARDOUS SUBSTANCE LAND USE FACILITIES - F. Satterstrom Planning Manager Fred Satterstrom explained the staff recommended change in the setbacks for hazardous substance land use facilities. Staff is recommending adding verbiage to Section 15.08.050D.9.a.(3) to indicate that for purposes of this section the term "public recreation areas" does not include public trails. Board member Tim Clark MOVED to amend Section 15.08.050D.9 of the Kent City Code as staff recommended and send this item to the City Council under other business on March 5, 1996. Board member Jon Johnson SECONDED this motion. Motion carried. The public hearing adjourned at 5:00 p.m. Respectfully Submitted, J es P. Harris ecording Secretary 130 4th AVE. SO.. / KENT. \VASHINGTON 9803?-5895 /TELEPHONE C061859-3300 /FAX # 359-3334 - _rco Kent City Council Meeting Date March 5, 1996 Category Other Business 1. SUBJECT: LAND USE AND PLANNING BOARD - ORDINANCE 2. SUMMARY STATEMENT: The proposed ordinance creates a new Land Use and Planning Board. The City Council held a public hearing on this item on February 20, 1996. 3 4. 5. No W EXHIBITS: Ordinance, City Council minutes of February 20, 1996 RECOMMENDED BY: City Council (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt Ordinance No Planning Board. DISCUSSION: ACTION: creating a new Land Use and Council Agenda Item No. 4E ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 2.30 of the Kent City Code relating to the organization, duties and responsibilities of the City of Kent Land 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 I. Chapter 2.30 of the Kent City Code entitled "Planning Agency" is hereby amended to read as follows: CHAPTER 2.30. PLANNING AGENCY PART 1. GENERALLY Sec. 2.30.010. Planning authority. The city council hereby declares its intention to perform all planning functions under RCW ch. 35A.63 regarding planning 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 the 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 advisory capacity to the mayor and the city council. PART 2. PLANNING DEPARTMENT Sec. 2.30.060. Creation. There is created the city planning department. The planning department shall consist of the following 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 building codes manage the citv's 2 housing and human service program and perform other duties as established by the city council. Sec. 2.30.070. Duties and pewers responsibilities. The planning department shall have the following duties and responsibilities. A. The planning department through the planning director, shall administer the affairs of the planning agency. It shall be the duty of the planning director to be the official spokesperson for the agency, to set the agenda for the land use and planning board public hearings workshops and meetings to preyare_all materials such as agendas staff reports and special reports for the land use and ilanning board to collect and to analyze and use -i-s responsible fer e " ganalyzingn ng technical data to determine logical matters of urban development within the city. The planning department shall be responsible for preparing and updating the comprehensive plan, preparing and amending the zoning code, subdivision code and any other codes or ordinances v !�he area t The planning department through the development services division, shall issue building permits and enforce the building codes as prescribed in Chapter 14.08 entitled "Enforcement of the Building Codes." 3 B. The ` agency, through the planning department, shall ththe�r advise the mayor and city council on planning matters. The planning department may carry out special projects at the request of the city council which requests shall be forwarded to the planning tee= department through the office of the mayor. C. The planning department shall function as an administrative department of the city aiding in the coordination of city planning activities within the overall administrative program of the city government. The planning department shall forward items for consideration to the land use and plannin board. D. The agency shall L r eidt fer the eity eeidneil—er maer need net be eeerdinate4 be responsible for all planning matters including but not limited to, co m-prehensive flan formulation and amendments annexation zoning, zoning code subdivision code and other assigned 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 and1planning_board to hold public hearings on 4 these plans and codes when advised to do so by the planning department The land use and planning board after holding one or more public hearings, shall forward its recommendation on the planning department's proposals to the city council for final action. The council may hold public hearings and perform other related functions on specific planning matters in addition to or in lieu of delegatingthis function to the land use and pl_:nnina board. Sec. 2.30.080. Planning director --Creation. There is hereby created the e`�=ee position of city planning director who shall be appointed by the mayor. Sec. 2.30.199 090. Same --Duties and pewers responsibilities. A. The planning director shall have be in charge of the planning department. The planning director shall prepare an annual planning program and an annual budget to implement this program. The planning director shall represent the planning depa:F!:-mer-it agency before government f� is agencies and the public as deemed necessary. The planning director or a designated planning staff member shall be present at all city council and land use and plannina board meetings and planning an public hearings_ , er—des=grate a fflefftbe-2 of the pianning depar-bffient staff as an al!_�eia:nate. l 4 t-y r, , Winning befei-e ecI fe6e:ea affene�':es_ eefmiss4ef an6 �- B. The planning director is responsible for hiring and supervising employees of the planning department. Sec. 2.30.1-1-G 100. office of housing and human services--Created:-- There is hereby created in the city the office of housing and human services. The office of housing and human services shall not be a separate department, but rather shall be a division of the planning department, reporting directly to the planning director. Sec. 2.30.1-24 110. Same --General duties and pewees responsibilities. 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 0 human service needs, determination of priorities for human services, evaluation and recommendation of funding request, and the monitoring of performance of services provided by human service organizations and agencies. The office of housing and human services shall coordinate activities with other human service planning agencies and organizations. Additionally, the office of housing and human services shall coordinate human service activities between city administration and the city human services commission, and shall implement policy recommendations established by the human services commission and provide necessary support to the human services commission in the performance of its duties. Sec. 2.30.4z44 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 35A. The housing and human services manager shall be appointed by the planning director. Sec. 2.30.4744 130. Same --Staff. The housing and human services manager shall, in accordance with appropriate city policy, recruit 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 human services manager. 7 Sec. 2.30.1-54 140. Same --Salary of staff. The salary of the housing and human services manager and staff employees shall be that as established in the city annual budget. L fiee f 11 y _r e by ' anEi a w f iee—e f-heds _ng and hidman-sei-v seT-1-se senier p � in the ff de�ent fe a � L eia:e-ently Bei o ing tind " thme senier anne shallelifftinateel in this seetien h z€zee of a liafftan ei- a ees and eiaal - a, elaw3a:eet-lY `5 the PART 3. LAND USE AND PLANNING BOARD Sec. 2.30.444 150. Creation. There is hereby created the land use and planning board. H. Sec. 2.30.18G.160 Membership, terms, residence requirements and compensation. 1annint l ) Feat shall een9€st of these eeidneil plane±ng eemm--tt as e4mt y eettne4mlm—Tl-�2—tam-ef eaeh rrj=maer—ef the land rdse and planninff shall p^ the same `e3-m that he ei`' she seif:des e— pee plann±ng eemmlttee. A. The land use and planning board shall consist of seven (7) members, each of whom shall be appointed by the mayor and confirmed by the city council Appointments shall be deemed confirmed if not acted on within thirty (30) days following the mayor's submittal of his or her nomination to the council president. B. The mPm3eei�:s e€ the land ttee an4 p a l-0aj-d shall i-eimhtsrsetftent €ems a�ei}sQd ti-a=ael may- be made te tiae „jpelieies establisheelel ` et nail membei-s €ei- B. The terms of office of the members of the land use and planning board shall be three (3) years When a vacancy occurs on the land use and planning board appointment for that position shall be for three (3) years or for the remainder of the unexpired term, whichever is the shorter period of time. All new terms shall expire on December 31 of the last year of the term 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 (1) -year term 2_) 2 seats for a two (2) year term 3) 3 seats for a three (3) year term All appointments thereafter shall be for three (3) year terms. D. Members of the land use and planning board may be dismissed by the mayor for missina twenty-five (25) percent or more of the regularly scheduled meetings in a twelve month period without such absence being excused by the board, for inefficiency, for neglect of duty, for a finding by the land use and planning board of a member's violation of any code of conduct established by the board, or for misfeasance or malfeasance in office. E. As authorized pursuant to RCW 35.21.200, all appointees to the land use and planning board shall be residents of the City of Kent. When making the appointments, the mayor shall consider appointments from residents residing at different locations of the City. F. The appointed members of the land use and planning board — shall serve without compensation except that reimbursement for authorized travel and subsistence may be made to the extent such may be budgeted for by the city council. Reimbursement for such shall come from the city budget category designated planning commission, travel and mileage and subsistence. Sec. 2.30.1-94 170. Organization, meetings, and records. owe] A. The land use and planning board shall elect a chair person and vice -chairperson from among its members which terms shall expire December 31 each year. The secretary of the land use and planning board shall be the Ql nrincr director. The secretary shall set the land use and planning board agenda for workshops and public hearings prepare minutes which may be taken from electronic recording of public hearings and keep such records as are necessary for the proper operation of the board all of which shall be a matter of pub!=c record B. The land use and planning board shall conduct at least one regular meeting each month for conducting general business hearings, and other related business except when there is not an agenda item to be considered or heard in which case the land use and planning board secretary shall notify the board members the local press and post a notice at the place the land use and planning board regularly meets statin^ that due to a lack of business a meeting is cancelled The -and use and planning board shall establish and operate under a se- of bylaws which bylaws shall prescribe the rules of procedure for public hearings and workshops and a code of conduct for its members The time and place of regular and special meetings including workshops shall be established by the bylaws Section 2.30.200.180. Duties and pewees responsibilities. 11 N J F A The land use and planning board shall operate as part of the 3planninag.encyand shall except in those instances when the city council has determined to consider the matter, hold public hearings on comiprehensive 331an formulation and amendments annexation zoning, zoning code and subdivision code and other assi_aned code formulation and amendments which have been prepared and submitted to the board by the planning department. The land use and planning board after holding one or more public hearings on these matters shall refer the planning department's proposals and its recommendation to the city council for the council's final action. i ffiet=e Shall r 1 te N y respensibyIities as y ` ei c vrirrc-iT: B. In lieu of or in the alternative to the land use and -lanning board considering and holding hearings and perform other related functions on matters set forth in subsection (A) above, the city council may elect to perform these functions on such matters directly without taking input from the land use and glanning board. 12 Sec. 2.30.2--l-& 190. References to planning commission. All references in the Kent City Code to the planning commission shall mean the land use and planning board. SECTION 2. Transition of Boards. The City Council Planning Committee shall continue to sit as the land use and planning board as authorized pursuant to Ordinance No. 3252 until the land use and planning board, as established pursuant to this ordinance, is convened and the bylaws for said board are adopted. 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 shall 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 final passage as provided by law. JIM WHITE, Mayor 13 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of APPROVED PUBLISHED day of day of . 1996. . 1996. 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. planbbb.ord BRENDA JACOBER, CITY CLERK 14 (SEAL) 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 61 1996. LAND USE & (PUBLIC HEARING - ITEM 2A) PLANNING BOARI Land Use and Planning Board Ordinance. This date wwwmP 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 Chanter 11.02 entitled "Environmental Review & Community Impac Mitigation. AUTHORIZATION to set March 5, 1996, at 7:00 p.m. as the date and time for a public Re Kent City Council Meeting Date March 5, 1996 Category Consent Calendar 1. SUBJECT: AMENDMENT TO POTENTIAL ANNEXATION AREA (PAA) 2. SUMMARY STATEMENT: Adoption of the amendment to the Potential Annexation Area (PAA) as outlined in the staff memo. Kent staff recently met with Renton staff to discuss these PAA changes. 3. EXHIBITS: Memo to the Mayor and City Council dated March 5, 1996, and City Council Planning Committee minutes of February 20, 1996 4. RECOMMENDED BY: Plannin 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. 3� /` CITY OF Jr'\1!D CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 Jim White, Mayor MEMORANDUM March 5, 1996 MEMO TO: MAYOR WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: PROPOSED ADJUSTMENTS TO THE POTENTIAL ANNEXATION AREA (PAA) The City Council Planning Committee, at its meeting of February 20, recommended the following changes to the Potential Annexation Area (PAA) between Kent and Renton: 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 PAA boundary westerly along SE 200th Street from 92nd Avenue S. to the westerly side of the Valley Freeway (this change will entail a future deannexation of Kent's area and annexation to Renton). 4. Move Kent's PAA boundary at SE 1 92nd Street and extending northerly to SE 180th Street, where the boundary lies just east of the Valley Freeway, westerly across the freeway (this change will also entail a future deannexation of Kent's area and annexation to Renton). Kent staff recently met with Renton staff to discuss these PAA changes and the consensus is that these changes will more truly reflect areas that relate to Kent and Renton and the reality of a recent Renton purchase of a large area lying just east of the Valley Freeway at 92nd Avenue South and 200th Street. The attached map shows these proposed changes. JPH/mp:c:paa.1 220 -Ith AVE. SO. / KENT. WASHINGTON 98UJ2-5895 / TELEPHONE (206)859-3300 / FAX 4 859-3331 CITY OF r»\Z!2 !`� PLANNING COMMITTEE MINUTES February 20, 1996 Jim White, Mayo`F Planning Committee Members Present: Citv Attomev's Office Leona Orr. Chair Laurie Evezich Tim Clark Jon Johnson Planning Staff Jim Harris, Planning Director Fred Satterstrom, Planning Manaaer Kevin O'Neill, Senior Planner Cyndi Wells, Administrative Secretary Other Rodger Anderson, Seattle King County 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: l . 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 alone 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 deannexation of Kent's area and annexation to Renton. Council member Tim Clark MOVED to accept the potential annexation area boundary chances as outlined by staff and send this item to the March 5, 1996 City Council meeting under other business. The motion was SECONDED by Council member Jon Johnson. The motion carried. 1101th AVE. SO.. / KENT. RASH INGTON 98032-�895 / TELEPHONE i'_06i859-3300 / FAX k 859-}331 FwW W Kent City Council Meeting Date March 5, 1996 Category Bids 1. SUBJECT: DITCH CLEANING ALONG NORTH SIDE OF S. 212TH 2. SUMMARY STATEMENT: 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. The project consists of ditch excavation, box culvert cleaning, and corrugated metal pipe arch cleaning, all of which is a prerequisite to implementing 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. 3. EXHIBITS: Public Works Director memorandu and vicinity map 4. RECOMMENDED BY: Public Works Directo (Committee, Staff, Examiner, Comm' sion, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: Valle 7. CITY COUNCIL ACTION: Councilmember_ Z.—move4, Councilmember- Cuz,/ seconds that the Ditch Cleaning Along South 212th Street contract be awarded to Tydico Inc. for the bid amount of $40,034. DISCUSSION: ACTION: A� Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS February 29, 1996 TO: Mayor &- City Council FROM: Don WicicstrA RE: Ditch Cleaning Along North Side of S. 212th Street Bid opening for this project was held on Tuesday, February 27th with 10 bids received. The low bid was submitted by Tydico, Inc. of Maple Valley, Wa. in the amount of $40,034.00. The engineer's estimate was $53,369.65. It is the recommendation of the Public Works Director that the Ditch Cleaning Along North Side of S. 212th Street contract be awarded to Tydico, Inc. for the bid amount of $40,034.00. BID SUMMARY Tydico, Inc. 40,034.00 Brad Mason Trucking 48,982.14 T.F. Sahli Construction 54,045.90 Pivetta Bros. Construction 56,090.88 D.D.I. Construction 60,739.15 Fournier Construction 64,366.02 Shoreline Construction 69,858.25 Pacific Topsoils, Inc. 73,846.50 Westmarlc Excavating 73,943.88 R.J.C. Inc. 78,520.74 Engineer's Estimate 53,369.65 MOTION: Councilmember moves, Councilmember seconds that the Ditch Cleaning Along N. Side of S. 212th St. contract be awarded to Tydico, Inc. for the bid amount of $40,034.00. 194 ST ISE S" S 196 ST 196 5r -go 5-1 5 200 t 5 202 2 0 �45 S 206 57� PROJECT 2Qa S T; "A-/GATrON S 21Z ST ri cc ................... 5 2!E ST 5 216 ST 220 ST S 22", ET 5 22-4 S7 226 ET -42 7 P L S 228 S—, Y/Z "I 4Nr, j pir, Ltl 21 ff DITCH CLEANING ALONG NORTH SIDE OF SOUTH th STREET 16 'r CONTINUED COMMUNICATIONS A. -TU14 R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTE C. PUBLIC WORKS D. PLANNING COMMI E. PUBLIC SAFETY COMMI F. PARKS COMMI G. ADMINISTRATIVE REPORTS SPECIAL OPERATIONS COMMITTEE MINUTES FEBRUARY 7, 1996 COMMITTEE MEMBERS PRESENT: Jon Johnson -Committee Chair, Leona Orr COUNCILMEMBERS PRESENT: Connie Epperly STAFF PRESENT: Roger Lubovich, Brent McFall, May Miller, Kelli O'Donnell, Sue Viseth MEMBERS OF THE PUBLIC: Pat Curran, Dorothy Farnsworth, Linda Johnson, Donnarae Joseph, Candy Howard, Dee Moschell, Chuck Turner Committee Chair Jon Johnson Called the meeting to order at 4:36 P.M. Approval of Vouchers: All claims for the period ending January 30, 1996, in the amount of $1,357,503.62 were approved for payment and the period ending January 31, 1996, in the amount of January $1,347,274.84. Kent Saturday Market Building Director of Operations Brent McFall brought forward Linda Johnson and Chuck Turner of the Kent Downtown Partnership (KDP) to update the Committee on the status of the Kent Saturday Market Building. Linda stated that the KDP does not have a proposal to bring forward yet. She stated that they are still in the planning stages. She explained that an emergency meeting of the KDP was held last week. With the extra costs that were projected for the project, the Partnership was uncomfortable with moving forward with the previous proposal. The consensus was that the project would have to be trimmed down to the point it was not as good as originally projected. Chuck Turner stated that it is hoped that private investors can be brought in or grants received so that the Kent Downtown Partnership can purchase the building and plans from the City and complete the project. He noted that after attending a meeting on obtaining grants, it is clear that the KDP needs to attain a 501(c)3 status. Linda noted that it is hoped that when a proposal is brought back to the City, a graduated payback scale will be possible. McFall noted that from the staff s prospective it is better to hold up now rather than rush into the project. The additional costs of going through the public works bids statutes is what has led to reconsideration. He noted that the Saturday Market will operate at the current location this year and give the KDP an opportunity to put together a proposal to purchase the building and plans from the City which was the original intent anyway. Committeemember Orr asked if the Saturday Market would operate outdoors as usual. Linda replied that the vendors have been informed that it will open April 14 in the parking lot. She noted that the hours will be extended to Saturday/Sunday operation. Chuck Turner noted that this move will allow the project to move forward at a normal pace instead of the pressure to make an opening date. It is still possible the building could be opened this market season in which case it would be publicized through the market. He stated that the KDP would like to come out with a facility to be proud of instead of a `/ finished building if scaled back now. Turner explained that even though they are taking a step back, the KDP will proceed as rapidly as possible. He concluded that the KDP feels there is a great potential for private investors, grants, and fund raising to purchase the building. " McFall stated that the City will have the care costs of the building as well as interest costs from the loan from ourselves. He explained that Finance staff will continue to work on the design and sell the plans with the building. After further discussion, Leona stated she appreciated the KDP's SPECIAL OPERATIONS COMMITTEE MINITTES FEBRTTARY 7 1996, Con} willingness to make the best thing happen. Linda Johnson noted that the majority of the vendors will 4 be disappointed but that anything worth doing, is worth doing right. Chuck Turner stated that he is not precluding opening this summer if possible. City Council Term Limits City Attorney Roger Lubovich explained that the proposed ordinance provides term limits for the Council and Mayor of three terms or twelve years whether full terms or partial. He noted that it is possible to serve for Mayor and Council for three terms each and it does not preclude running again non -consecutively. During discussion, Roger noted that any previous or current terms would not be counted if the ordinance is passed and that previous language from the transition from a part-time mayoral position has been cleaned -up. Roger noted that an initiative being circulated includes compensation which is not appropriate for an initiative but term limits could be retroactive. During further discussion Connie Epperly stated that the public likes term limits. She explained that initiatives can include more issues and be signed because of the term limits. Chair Johnson suggested a public hearing be held and asked if Councilmembers present would like to consider the Mayor's salary at the same time. It was decided to set the hearing date at the next Council meeting for the first meeting in March. It was decided to bring forward term limits only at this time. Investment Committee Appointment Brent McFall noted that the Investment Policy the Council adopted last night provides for an Investment Oversite Committee with a member from the Operations Committee. McFall asked if Johnson would be willing to serve on the Investment Oversite Committee. Johnson agreed to serve. May Miller said they plan to have a meeting quarterly which would probably only be for a half hour to an hour. McFall stated that the Mayor will make the appointment at the next Council meeting. Citv Council Rules Johnson asked that a section be drafted regarding committee absences. He noted that it was discussed at the retreat that if three unexcused absences from committee meetings occur in a year that the Council President can remove the member on a fourth absence and reappoint another Councilmember to fill the absence. Johnson asked if the Council Presidency should be limited to one two year term and whether it should be based on seniority. Leona responded that she had no problem with a two year limit since it would allow everyone an opportunity to serve. A discussion of how to appoint committees -was held. Leona stated that it would not be appropriate for a newly elected Councilmember to serve as a committee chair for the first two years. In responding to Johnson's suggestion that committees be assigned by seniority with members choosing their committees, Orr noted that it would probably be very confusing and the president has always tried to poll the members in the past. McFall noted that a seniority based president or committee assignments could create problems in the future. The City of Kent has only had one new member at a time which is unusual. It was decided to continue with the President making committee assignments. The Council President would be elected by the Council every two years with the previous president ineligible.. Johnson stated that in Section 22 Christi Houser had requested that it be added that any decision made by the council president could be overturned by a majority of the full Council. A discussion Page 2 SPECAI OPERATIONS COMMITTEE MINTTTE�S FEBRTTARY 7, 199h, Corot. of a section providing for the removal of a council president was discussed but not added. Leona "r noted that Sections 22 and 25 were redundant. Roger noted there was a distinction between them but would look at rewording them to be more consistent. During further discussion, Roger asked at what point would another Councilmember be asked to sit in on a committee. It was decided to include language stating the committee chair would request the council president or another member sit in beyond a quorum. Leona asked to have section 27 clarified and typographical errors corrected in other sections. A discussion of passing the gavel was followed by a discussion of time allowances for limiting remarks. A discussion of executive sessions added language stating the Mayor and appropriate staff and persons as authorized by Council will be in attendance. Johnson stated that he would call Bennett and update him on the changes suggested today and would ask Roger to bring a new draft to the next meeting. He stated that committeemember can call Roger if they think of anything they would like to have put in to discuss. There being no further business, the meeting was adjourned at 5:55 p.m. Page 3 SPECIAL, OPERATIONS COMMITTEE MINUTE'S FEBRUARY 21, 1996 COMh1ITTEE MEMBERS PRESENT: Jon Johnson -Committee Chair, Leona Orr, Jim Bennett COUNCILIMEMBERS PRESENT: Tim Clark STAFF PRESENT: Ken Chatwin, Roger Lubovich, Brent McFall, May Miller, Kelli O'Donnell, Bob Olson, Ron Spang, Sue Viseth MEMBERS OF THE PUBLIC: None. Committee Chair Jon Johnson Called the meeting to order at 4:35 P.M. Approval of Vouchers All claims for the period ending February 15, 1996, in the amount of $1,426,802.86 were approved for payment. Funding for Citv Council Home Fax Maghjn„ , Information Services Director Ron Spang stated that at the City Council Retreat, Lyle Sumek had suggested fax machines to improve Council communications. He stated that staff had looked into using the HP facsimile machine which is consistent with printers used throughout the City. He recommended that all Councilmembers have a second phone line dedicated to their computer/fax machine. He noted that it will not be possible to use the modem at the same time as the fax machine. In addition, he noted that the fax machine could also be used as a printer whether or not they decided to upgrade computers. Roger Lubovich noted the $100 rebate was only through February. Ron stated that Bob Olson would contact each of the Councilmembers to arrange installation and to see if they wished to upgrade their computer hardware and/or software. Director of Operations Brent McFall recommended that the fax machine solution and telephone lines be funded as a Council change to the Council Budget. Committeemember Bennett stated he has not used his computer due to its limited use and his feeling that the fax machine is the greatest tool in business besides the computer. Orr stated that the four Councilmembers present were favorable and perhaps the order should be placed to receive the rebate. Johnson noted at the retreat all the Council was in favor of the fax machines. Orr moved to recorrunend the acquisition of the fax machines and telephone lines with the necessary budget change with the order being placed immediately if the Council unanimously agrees by telephone poll. Bennett seconded the motion which carried with a vote of 3-0. Citv Council Rules City Attorney Roger Lubovich noted he had reorganized the sequence and incorporated the changes suggested at the last meeting. Johnson asked the Committeemembers if they had any changes. Orr responded she did not; Bennett said he had reviewed and only found a minor typo. Johnson asked if Councilmember Clark had any changes. Clark questioned section 5 part 1; Orr noted that the section on a quorum is section 26 page 11. Lubovich explained that the Committee Chair would be allowed control to fill any vacancies. Clark asked if section 11 page 4 was the same as the past. Lubovich stated the law for the ordinance had been included as well as the RCW governing. executive sessions. Tim asked if it was necessary to have five committees. Lubovich stated it was not. Orr noted that a clause allows for a change in committees at the Council's discretion. Clark - asked if the Committee would accept on page 10 section 5 under Public Work Committee items the addition of telecommunications. The Committee agreed to the addition. Orr asked if the Committee was ready to act on the item today. After a discussion of the rules of order, Orr suggested the item be forwarded to Council under Other Business. Roger noted a minor change needed on the first page SPECIAL OPERATIONS COMMITTEE MTNT TTE�S EERRT TARY 21F 1996, Cant replacing regulations with procedures. Orr moved to recommend the City Council Rules as amended this afternoon to the full Council at the March 5 meeting. Bennett seconded the motion which passed 3-0. Added Items: 1994 Financial Report Award McFall stated that the City had received an award for the 1994 Annual Financial Report from the Government Finance Officers Association. Brent noted this is quite an honor with a rigorous review by the GFOA. He noted that the City has not received this award for the past few years and staff worked hard to regain this recognition. Brent commended May Miller and the Finance staff for receiving this award which is a significant accomplishment. He stated that the plaque had not yet been received but would be presented at Council. Sister City of Norwav Agreement McFall asked if the Committee would like to consider this item today. Johnson said they would. McFall distributed a copy of the memorandum and agreement that had previously been distributed to Council. Bennett moved to authorize the Mayor signing the agreement. Orr seconded the motion. Tim Clark noted his concern regarding the financial implications of agreements such as this. Orr noted that no funds were requested at this time. Clark noted section two of the agreement. McFall noted that this relationship has a citizens group in place prepared to raise funds and support the relationship. He explained that Yangzhou did not have this in place at the beginning of the relationship and that May Miller is working to form a support group for Yangzhou. Clark stated he did not have a problem with this agreement as long as it is understood there will be no budget impact. Orr stated that according to the memo there would not be any. McFall stated that he shares the concern of budget impact and pledged to stay on top of the whole issue with sister cities. The Committee voted 3-0 to authorize signature of the agreement. Cable TV Programming Councilmember Clark asked to add an item on the Cable TV programming. Johnson agreed. Clark stated that he would like the Committee to adopt a policy on the programming of the City Cable Channel to set priorities. He noted there is currently no allotted time or weight given to programming. With the televising of the Council Committee meetings it will better inform the citizens of how the Council works. With five Committee meetings and the Council meetings there will be more balance in the programming. He suggested that the Council set percentages by category such as 50% of monthly programs showing Council work exclusive of Council meetings. 20% administrative programming and the remainder used for expanding outside programming such as the teen program that is in the works. Tim noted that the Police Blotter had never been run by the Council. Should it continue? He stated that his question for the Committee was what their preference was in developing a policy. Jim Bennett stated that he agreed that there needed to be more of a balance in programming but that he wasn't sure that a percentage would allow the development of the channel the best. He gave the example of the City of Tacoma which has a separate channel for the Fire Department. Jim explained the need to be careful in minimizing if pertinent information comes up the needs will change. He _ Page 2 SPECIAL OPERATIONS COMMITTEE MINT TTE S EEBRT TARY 211,19961, Coat expressed his desire to see 272nd corridor updates and RJC construction updates. Lubovich pointed out that production costs also need to be considered. Bennett stated his concern that TCI had not followed through with the production studio. After a discussion of public access, Orr stated that the Pavilion Dedication would have been nice to see. McFall responded that we have the raw tape of the dedication but the costs of editing and staff limitations had not allowed a final program. He noted that if we are going to expand programming it would be necessary to divert resources to operate a true production company. McFall stated that he would be willing to work with Councilmember Clark to address the issue to work together to find a satisfactory allocation of time that is not so rigid. Clark asked if McFall had any ideas of how it should be allocated. Brent responded that he had not thought of it in those terms before. During further discussion, Orr noted that she agrees that there is a need to do something but she was concerned with the percentage idea. She explained that the length of meetings vary and there is a need to be flexible. Leona added that it was important that the scheduling is regular so that people know when they can see programs. McFall suggested that one approach would be to include language that the Council and Committee meetings would be shown prominently in a timely manner. Tim noted that to be reflective of the community there will always be a need to fluctuate. At the conclusion of the discussion, Johnson requested that a recommendation be brought back to the next Operations Committee meeting or the second meeting in March. Foreign Exchange Agreements „e Tim Clark asked the Committee to consider a proposed resolution on international trade and foreign relations programs entered into by the City. Johnson tentatively agreed to put it on the agenda of the Operations Committee March 6 agenda. There being no further business, the meeting was adjourned at 5:37 p.m. Page 3 PUBLIC WORKS COMMITTEE FEBRUARY 28, 1996 PRESENT: TIM CLARK TOM BRUBAKER JUDY WOODS ED WHITE DON WICKSTROM ABSENT: CONNIE EPPERLY Solid Waste Collection Services - Addition Wickstrom explained that this is an additional collection, a 20 gallon mini -can, and Kent Disposal wants us to add this to their service. They have had numerous requests for this; the rate would be $7.90 per month. Wickstrom recommended that we add this as another option for service to our customers. Committee unanimously recommended the additional service be implemented. Downtown Sidewalk Rehab - Phase II Acceptance Wickstrom stated that this was the project associated with "rehabbing" the 1 st Avenue sidewalks. He said we had a tree problem and we re -budgeted money to do this project. He explained that typically, if a project goes over 10%, we bring it back to Committee prior to taking it to Council for acceptance. He said that this project was over 10% but already had Council blessing per allocating additional funds so this is really nothing unknown; this is just a procedure issue. Committee unanimously recommended that the project be accepted as complete. GMA Concurrency Ordinance Wickstrom said Council has adopted the Comprehensive Plan, and in conjunction with that, we are required to adopt a Concurrency Ordinance.. An earlier draft had included transportation, sewer, water and drainage. He explained that our work load would not accommodate adding all those other entities into concurrency at this time; particularly with the Meridian Annexation we are dealing with Water District 111 and Soos Creek Sewer and Water District, per those other services thus malting it much more complicated. We would like to limit the Concurrency Ordinance to transportation �. which is the issue mandated under the Growth Management Act and then, if there is a need, we can go back in subsequent years and add the other issues. Wickstrom, said that what we were proposing under the original Concurrency Ordinance was, malting sure that our Construction Standards where met, which that requirement is already in place anyway. He said we would like to build up some history with this before we add the other issues. Wickstrom recommended having a public hearing set for March 19th to get input and recommended adopting the Ordinance at that time. Committee unanimously recommended setting March 19th as the public hearing and if major issues are not raised, adopt the Concurrency Ordinance. Discussion: Clark stated that the idea of establishing concurrency is to meet the needs of the community and adapt to the population as it grows. Clark said that transportation is the issue that must be dealt with now. He asked if there is any type of tracking process to determine the current levels of service or what the future needs would be. Wickstrom said that was all done in conjunction with the Comprehensive Plan. Under the Management Act, the only issue that is mandatory is transportation, and we are asking that eve limit Concurrency Management for now to transportation based on our workload. He said that previously we were looking at water, sewer and storm but they all have other complicating issues. Brubaker noted that this concurrency concept is a "new ground" that all the cities are into. Theoretically, if you can't meet the concurrency requirements, than a development moratorium could exist. He said it is probably wise to start out with one single issue. Kent Shuttle Service Wickstrom said that we are proposing a shuttle service in Kent running an hour between busses. He said we will need Metro's concurrence on this as we had obtained with the Jingle Bus service. We cannot compete either with routes that may take service away from the Metro bus system or charge for service. He said that we need to pass a Resolution showing Metro that our Council wants this to happen. Wiclstrom said that there is money for this proposal within the downtown transit budget. To provide this service, we are essentially using the funds that we have available and not infringe on the money that we had set aside to match the ISTEA grant shuttle project which will be implemented following this proposal. Committee unanimously recommended that Council adopt a Resolution authorizing staff 2 to retain a service provider and enter into a contract to supply shuttle service. Discussion: Ed White stated that with the Jingle Bus shuttle service, we monitored different locations thru Para Transit, which was the service provider at that time and we will have the ability to monitor thru the new service provider. In response to Clark, White stated that the senior citizens made up approximately 90% of the inquiries for a shuttle service. ADDITIONAL ITEM: Issue of providing sewer service into failed septic system neighborhoods. Wickstrom stated that with the Meridian Annexation, we have inherited certain specific neighborhoods that were developed in the early '60s and are experiencing chronic septic system failure. He noted that the Derbyshire area, (west of 124th Ave, south of 272nd) is one such neighborhood. Presently, we have a residence therein with a failed septic system. The property owner has estimated the cost to provide sewer service would be about $35,000. Wickstrom said that this particular neighborhood has small houses - about 300 homes with a history of failing septic systems. Wickstrom said that his proposal is to budget some money each year for sewer extensions within such areas with reimbursement by the property owner therein of their fair share of the cost upon connecting to the system. Wickstrom noted by doing so, over time these chronic problem areas, including the health issues associated therewith would be resolved along with the City getting reimbursed for the cost. Wickstrom recommended budgeting such funds on a yearly basis and that the work done within any one year would be subject to the budget limitations. Wickstrom stated that right now he wants to use some money in the Miscellaneous Sewer fund to help resolve this particular property owner's problem. Eventually a Resolution will be prepared for Council seeking concurrence with this approach. Committee unanimously concurred with Wickstrom's recommendation of helping the property owner at this time and recommended such a Resolution be brought before Council for adoption. Meeting adjourned: 4:30 p.m. 3