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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/02/1996 pp f I Y�tu i; i I ° City of Kent CounciI Meetin City Agenda E CITY OF � � jr6�gSr�= ➢ Mayor Jim White a Council Members i Judy Woods, President Jim Bennett Christi Houser i lids e ` �d, ! Tim Clark Jon Johnson Connie Epperly Leona Orr January 2, 1996 is s Office of the City Clerk IL i CITY OF ZQ,J�JS�J JS SUMMARY AGENDA KENT CITY COUNCIL MEETING January 2, 1996 Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS: Judy Woods, President Jim Bennett Tim Clark Connie Epperly Christi Houser Jon Johnson Leona Orr CALL TO ORDER ROLL CALL 1. /UBLIC COMMUNICATIONS A. Oath of Office - Councilmembers °'..B Employ0e of the Month t 2 . PUBLIC HEARINGS ..A. Street Utility Repeal and Substitute Utility Tax - \ �' ordinances 3 2 7"2D, ; 3 Z7 q- �, 3 . CONSENT CALENDAR �N L-A: Approval of Minutes _. Approval of Bills 100th Avenue Extension & SE 244th Street Temporary Closure IV D. Parks Department House Demolition - Accept as Complete /E. Driving Range Roof Extension Project - Accept as Complete 4 . OTHER BUSINESS t Glen Kara Preliminary Subdivision SU-95-3 V4rB. Adult Use Zoning Code Amendment - Ordinance 3 L 7 E) VC. Alternative Medicine as an Economic Development Effort Resolution 1�4 qj--� vID. School Impact Fees - Authorization to Amend Comprehensive Plan - Emergency Resolution 14 SO VIE. Election of Council President 5. IDS A. Purchase of Police Patrol Cars 6 . CONTINUED COMMUNICATIONS 7 . REPORTS EXECUTIVE SESSION - Potential Litigation 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. Oath of Office - Councilmembers B. Employee of the Month r 13 Kent City Council Meeting Date January 2 , 1996 Category Public Hearinas 1. SUBJECT: Street Utility Repeal and Substitute Utility Tax - ordinances 2 . SUMMARY STATEMENT: As directed by Council, this date has been set for a public hearing on the repeal of the City's Street Utility and the adoption of a substitute Utility Tax. The Public Works Committee has recommended adoption of the Ordinance repealing the existing Street Utility. The Committee also has recommended adoption of the Ordinance creating a 1% increase in the utility tax specifically designated for street purposes. The revenues generated by the utility tax would equal that lost by the repeal of the Street Utility. Operations Director McFall will give a brief presentation. 3 . EXHIBITS: Public Works Committee Minutes (11/27/95) , Public Works Director Memorandum, and ordinances 4 . RECOMMENDED BY: Public Works 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 �t j_, moves, Councilmembe,X �t �0 � seconds 1) to adopt Ordinance No which repeals the existing.-! Street UtilityOrdinance. ------ - - specifically ' fi g creating a �1% increase in the to adopt Ordinance No. �_ g utilitytax, s ecificall desi nated for street urposest rG thereby replacing the Street Utility Feel _; 1 DISCUSSION• , ACTION• Council Agenda Item No. 2A DEPARTMENT OF PUBLIC WORKS January 2, 1996 TO: Mayor &City Coun it FROM: Don Wickstrom RE: Street Utility The Washington State Supreme Court has ruled unconstitutional the residential element of Seattle's Street Utility. See the enclosed memorandum dated November 16, 1995 from Mayor White for background information, the potential impacts of this decision on Kent, as well as a recommended course of action. Further, the enclosed Public Works Committee Minutes of November 27, 1995 provide additional information on this matter. Supplementary thereto, it should be noted that if the Street Utility revenues are not replaced, the grant funds ($13,000,000) associated with both corridor projects will be lost. Further, due to the direction that both State and Federal budgets are headed, once the grant funding is gone, its probably gone forever. As a result, were Council to decide later to implement these projects, the financial ,,vindow of opportunity to do so is gone. Further, the revenue loss would eliminate the funding of the seven staff members who have been supporting these projects. Further, the City's ability to meet its obligation in the Meridian Annexation Area would also be lost The City had anticipated to utilize the Street Utility revenues generated in the annexation to pay for its $1,800,000 share of the County's 240th Street Improvement project (from I I6th Avenue SE to 132nd Avenue SE.) Further, in conjunction with the 240th Street Agreement the County was going to lift any strings attached to their $5,000,000 obligation per the west leg of the 196th Street Corridor project, thus assuring its implementation. With no 240th Street i Agreement, the County's $5,000,000 for the 196th Street Corridor project would be gone. Further, with respect to concurrency, simply lowering the service level standards raises the opportunity for challenges by any special interest group of the City's adopted Comprehensive Plan. Further, State sanctions for not being in compliance with our concurrency standards are not limited to just state gas tax monies and other State distributed taxes. It also makes us ineligible for any State grant funds or loan monies. Finally, for your convenience, attached is a Summary Table which reflects the pros and cons associated with the available options. 2 SUMMARY TABLE A) Implement Supplemental Revenue PRO CON o Revenue Neutral Program o Implement Supplemental Revenue Source o Comply with Growth Management Act o Mobility remain as planned o Corridors would get built 0 240th St (116th - 132nd) would be built) o Development would continue o No lay offs o Monies spent on projects is not wasted o Life goes on as originally planned B) Implement Moratorium on all Development versus Supplemental Revenue Source PRO CON o Comply with Growth o Lose $13,000,0000 in State Grant. Management Act o Lose $5,000,000 in County funding. o Mobility remains as is o Lose window of opportunity to build today 272nd Corridor project and 196th Corridor project. o Millions spent on corridor projects would be wasted. o Lose 240th Street Improvement from 116th Ave SE - 132nd Ave SE. o Lay off seven staff members. o City property tax base would remain flat at best. (No revenue growth) o Growth businesses may move due to need to expand. o Political pressure from development community. o Possible loss of jobs in the community. 3 C) Lower Service Standard versus Supplemental Revenue Source. PRO CON o Comply with Growth o Lose $13,000,000 in State Grant. Management Act o Lose $5,000,000 in County funding. o Development activity o Lose window of opportunity to build is allowed to continue 272nd Corridor project and 196th Corridor project. o Millions spent on corridor project would be wasted. o Lose 240th St Improvement from 116th' Ave SE - 132nd Ave SE. o Lay off seven staff members. o Mobility goes to grid lock over time. o Businesses may move out due to immobility. o More auto and pedestrian accidents due to congestion resulting in property damage, personal injury and deaths. o More accidents means more demands on City staffing (Police, Fire, Legal, Public Works etc.) thus increasing City costs. o Immobility eventually affects the quality of life of the City for both residences and businesses, M749 4 DEPARTMENT OF PUBLIC WORKS November 27, 1995 TO: Public Works Committee FROM: Don Wickstrom RE: Street Utility U V As a result of the State Supreme Court's decision on Seattle's street utility, the enclosed memorandum explains in detail a course of action as proposed by the Mayor to substitute an alternate revenue source for our street utility in order to continue development under the city's transportation plan. ACTION: As recommended by the Mayor, authorization for the City Attorney to prepare the necessary ordinances to implement an alternate revenue source for our street utility and to adopt those ordinances at the next full Council on December 12th. MEMORANDUM TO: City Council FROM: Mayor Jim Whit SUBJECT: Street Utility DATE: November 16, 1995 As you know, the Washington State Supreme Court has ruled unconstitutional the residential element of Seattle's street utility. Since Seattle's utility is based upon the same statute as our own, this calls into question the legality of Kent's street utility. On advice of staff. AWC and others, I have caused this matter to be investigated, and am proposing a course of action to substitute an alternate revenue source for our street utility in order to continue development under the city's transportation plan. The balance of the memorandum will outline the issue and the proposed action. I stand ready to work with Council to resolve this potentially serious issue. BACKGROUND The City of Kent adopted its street utility in 1992, and dedicated the revenue to the construction of the 196th and 272nd corridors. We are one of fourteen cities in the state to adopt a street utility. Funds have been expended in right of way acquisition, design, environmental review and the like. Additionally, funds have been accumulating to pay for construction. We now generate approximately $1.4 million from the utility annually. COVELL v. SEATTLE The Seattle case found the residential portion of the street utility to be unconstitutional. The Supreme Court determined that the utility fee was, in fact, a property tax. As such, it was not based upon property value, and therefore, invalid. The court did not rule on the commercial fee collected by Seattle, but the arguments used in the lawsuit invalidating the residential portion of the utility would appear to apply to the commercial component. The City Attorney advises that Kent should repeal its street utility,both residential and commercial, as soon as possible to avoid a similar lawsuit- being filed against us. IMPACTS OF REPEAL If the street utility is repealed without replacement revenue, the corridors cannot be built. The corridors are THE major component of our transportation plan, and are necessary to meet the level of service called for in the transportation plan. They are also necessary to meet the concurrency . requirement for transportation required by the Growth Management Act. If we do not build the corridors, we have two choices. First, we can allow the level of service to deteriorate until we no longer have concurrency with our transportation plan at which point we can issue NO MORE BUILDING PERMITS! Development in the city stops. Our second choice is to revise downward the level of service called for in the transportation plan. This would, in my opinion, result in an unacceptable level of service. Ultimately, this decision would also effect the economic viability of the city due to the inability of business and residents to travel through the city at acceptable service levels. Both of these impacts are unacceptable. Therefore, we must find a replacement revenue source. REPLACEMENT REVENUE SOURCE On November 15, I called together a group of business people to review this situation and to give me their advice. This group was composed of Jerry Schneider, homebuilder; Rodger Anderson. REALTORS Association; Elizabeth Warman, Boeing; Roy Moore, VATA; Brad Bell. CPA: Rod Saalfeld, Chamber of Commerce; and Barbara Ivanov, Chamber of Commerce. The group reviewed the history of the street utility and the impacts of repeal. They determined that the revenue MUST be replaced. Further, the group reviewed the options that had been identified by staff as replacement sources (see attachments), and developed a recommendation as the best source of replacement funds. The group's recommendation, with which I concur, is to repeal the street utility and replace the revenue with a 1% in increase in the utility tax. This would raise our rate to 4.8% on all utilities except garbage which would be at 7.8%. In all cases we would remain lower than the average utility tax charged by cities in the State of Washington. A 1% utility tax would generate approximately $I.4 million which would exactly replace the street utility revenue. Therefore, such a utility tax increase would be revenue neutral with the street utility which would be repealed. Moreover, a utility tax has the advantage of being spread across both residential and commercial users, also mirroring the street utility. Although individual properties would vary, most properties would probably see their utility bills increase as a result of the utility tax in approximately the same amount that their bills would decrease from repeal of the street utility. Finally, it cannot be emphasized enough that this is replacement of existing fees, and is not an additional revenue. In my opinion, this is the only responsible action in light of the consequences of taking no action, or of not replacing the street utility revenue. ACTION REQUIRED I have directed the City Attorney to prepare the necessary ordinances to implement this recommendation, and will ask for your action as soon as possible, probably December 12. I am prepared to discuss this matter further with you, and to answer any questions you may have. attachments cc: Brent McFall, May Miller Roger Lubovich, Don Wickstrom AGENDA STREET UTILITY TASK FORCE November 15, 1995 ♦ Welcome and Introductions - Mayor Jim White ♦ History of Street Utility and Corridor Projects- Public Works Director Don Wickstrom ♦ Covell v. Seattle; Impact on Kent- City Attorney Roger Lubovich ♦ Growth Management, Transportation Plan & Concurrency - Don Wickstrom ♦ Options - Director of Operations Brent McFall & Finance Director May Miller 1) Leave Street Utility in Place - Seek Legislative Remedy 2) Repeal Street Utility -No Replacement Revenue 3) Repeal Street Utility- Lower GMA Service Level 4) Repeal Street Utility and Substitute Replacement Revenue a) Utility Tax b) Real Estate Excise Tax (BEET) c) Business License Fee d) B &. O Tax e) Voter Approved Property Tax Lid Lift f) Transportation Benefit District ♦ Discussion- Mayor Jim White STREET UTILITY FUNDING OPTIONS - 1996 ESTIMATES S Produced Comments Do nothing 1,451.449 Possible legal challenge 2. Discontinue street utility tax and 0 accept lower level of service 3. Restructure Street Utility tax to Not feasible include only businesses 4. 1%increase in Utility Tax Electric 634,203 Closely matches Street Utility revenues Gas 140,763 Telephone 345.274 2 months lag Garbage 89,000 Water 60,302 Meridian start up Sewer 114.885 Drainage 45,275 Easy implementation-all systems are in place 1,429,702 5. Second 1/4% Real Estate Excise tax 569,144 Only requires a Council vote Varies, dependent on property sales. Alone is not sufficient to replace all revenues lost. 6. Business license-head count tax Requires ordinance change @$35.98 yearly per FTE X 40,340 1,323,152 Increases$13.18 per year per employee Business picks up residential portion. OR @ $22.80 yearly per FTE X 40,340 919,752 No additional burden to business Combined with second 114 REST. 1,488,896 If combined with Real estate excise would replace all Street Utility tax revenues. 7. City B&O tax @ .017%( 17 cents/S1000) 1,451,449 +? May deter new businesses from coming to Kent New Tax would require new systems&staff to implement Actual rates necessary will be very difficult to determine accurately. estimates range from .017% to .060"o-but all are expected to be high based on the high concentration of industrial activity in Kent. 8. Property tax Lid Lift @.3451$1000 valuation 1,453,585 Requires voter approval Assumes$4,213,288,766 assessed valuation. Not considered very likely to succeed. 9. Transportation Benefit District 1.453,565 Requires majority vote of Council subject to referendum @ .3451$1000 valuation Impact on other junior taxing districts undetermined. r CCC TAXALT.W81 14-Nov-95 _ITY OF KENT '1T' '! TAX DATA 7, 1996 ESTIMATED UTILITY TAX: 001 113 140 170 TOTAL ______________________________________________________________________ ELECTRIC 2,22.9,709 190,261 2,409,970 GAS 492,671 42,229 534.900 TELEPHONE 1.208,460 103,582 1,312,042 GARBAGE 311,501 26,700 267,001 605,202 WATER 211,057 18,091 229,149 SEWER 402,096 34,465 436,561 DRAINAGE 158,461 13,582 172,043 _________________________________________________ TOTAL UTIL TAX 5,003,955 0 428,910 267,001 5,699,366 1996 ESTIMATED (4.50% UTILITY TAX: 001 113 140 170 TOTAL ______________________________________________________________________ ELE=IC 2,853,912 190,261 3,044,173 GAS 633,434 42,229 675,663 TELEPHONE 1,553,734 103,582 1,657,316 GARBAGE 400,501 26,700 267,001 694,202 WATER 271,359 18,091 289,450 SEWER 516,981 34,465 551,446 DRAINAGE 203,736 13,582 - 217,318 _________________________________________________ OTAL UTIL TAX 6,433,656 0 428,910 267,001 7,129,567 DIFFERENCE 1,429,701 0 (0) 0 1,429,701 Sample Utility Tax Increase Comparison Effect on Residential Consumers Annual ' % additional Billing Utility tax Electric/Natural Gas 1,020.00 10.20 Phone 360.00 3.60 Garbage 108.00 1.08 Water 150.00 1.50 Sewer 300.00 3.00 Drainage 52.56 0.53 1 ,990.56 19.91 Street Utility @ $1.90 / month (22.80) Net Effect To Residential Consumers (2.89) -12.7% CCC TAXALT.WB1 14-Nov-95 Date : April 19 , 1994 To : May Miller, Finance Director From: Jim Huntington CPA, Field Auditor subject : Additional 1/4 percent real estate excise tax. During the 1992 legislative session substantial amendments were made to the Revised Code of Washington making available_ to certain cities planning under the Growth Management Act an additional 1/4 of one percent real estate excise tax. This tax is enacted by a simple majority vote of the council . This tax must be used solely for financing capital projects specified in a capital facilities plan element of a comprehensive plan. The monies collected can be used for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation or improvement of streets, roads, highways , sidewalks , street and road lighting systems, traffic signals , bridges , domestic water systems, storm and sanitary sewer systems , and planning, construction, reconstruction, recalr, rehab-ilitat_on, or improvement of parks . In 1993 $464 , 909 was collected from the 1/4 of one percent real estate excise tax currently authorized. An additional 1/4 of one percent would add an additional $500 , 000 per the 1994 budget . Following is the status of local cities regarding adding the additional 1/4 percent real estate excise tax: CITY Additional 1/4% tax Auburn Yes Renton Yes Tukwila No Normandy Park No Passed 7/93 Repealed _/94 Seattle Yes Des Moines Yes SeaTac No Mercer Island Yes Kirkland No Federal Way Yes Attached for your convience is a sample ordinance provided to us by Municipal Research. Potential B&O tax rate estimates based on various ratios Estimate based on ratio of statewide Retail taxable to B&O taxable sales. Utility tax to replace : 1,451,449 Kent 1996 sales tax 14,397,947 Effective net rate to Kent 0.8415% Projected Kent total retail sales taxable 1,710,985,938 Kent's estimated share of state B&O tax Projected Kent total retail sales taxable 1,710,985,938 2.82% Statewide Income subject to retail sales tax (94) 60,586,293,940 Kent's share of state 's B&O sales = 294,502,000,000 X 2.824% = 8.316,877,130 Taroet Revenue 1,451,449 0.017% Estimated necessary rate Kent's share of state 's B&O sales 8,316,877,430 Note that the City probably does not have the same ratio of taxable sales as the State. A higher ratio of B&O taxable sal would reduce the necessary rate to accomplish funding replacement. -------------------- ------- ---------- ------------- ------- ------- ------- ------------ ------------------- ------ ---------- -------------- ------- ------- ------- ------------ Estimate based on ratio of assessed valuation Kent Assessed Valuation (94) 3,911,041,170 1.359% State Assessed Valuation (94) 287,885,000,000 Kent's share of state 's B&O sales = 294,502,000,000 X 1.359% = 4,000,935,952 Target Revenue 1,451,449 0.036% Estimated necessary rate Kent's share of state 's B&O sales 4,000,935,952 Estimate based on ratio of population Kent's Population 4-1-95 44,239 0.817910 State Population 5,414,900 Kent's share of state 's B&O sales = 294,502,000,000 X 0.817% = 2.406.041,474 Target Revenue 1,451,449 0.060% Estimated necessary rate Kent's share of state 's B&O sales 2,406,041,474 CCC TAXALT.WB1 14-Nov-95 0* Cry v s m Finance Department (206) 455-6846 - FAX (206) 637-6163 Bell O�of �? Post Office BOX 90012 - Bellevue, Washington • 98009-9012 9StiIN��O DPOSWt-brand fax transmittal memo 76T1 r or11f 1 I`{A I From' iC'. P`'°"" April 6, 1995 �"� —�33�/ fu' ��7 (a Dear City Tax Official: Enclosed please find the city tax survey results as of March 1995, compiled from data that you and other Washington cities provided. We believe that you will find this information very valuable. Thank you for your.participation_ Sincerely, Denise C. Ritthaler Financial Analyst Budget Office City of Bellevue offices are located at Main Street and 116th Avenue SE CPI-' OF BELLEVUE Tax Survey- Summary March 1995 1994 Total Regular Average Average Sales Tax Cities Population Property Property B & 0 Utility City Surveved: (4/1194) Tax Tax Tax Tax Portion Auburn 34.970 $3.29 $2.70 4.50% 1.00% Bellevue 99,140 $2.17 $1.82 0.15001,10 4.75% 1.0090 Bellingham 57,020 $3.11 $2.83 0.238% 6.80% 1.00% Bremerton 35.920 S3.73 $3.50 0.161% 6.00% 1.000/0 Edmonds 31,100 S2.31 S1.90 5.81% 1.00,% Everett 78,240 $3.76 $3.26 0.120% 5.85% 1.00% Federal Way 73.:00 $1.57 $L57 1.00% Kennewick 46,060 S2.97 S2.97 7.90% 1.00°0 Kent 41,380 $3.08 S2.62 3.80% 1.00% Kirkland 41.900 $2.32 $1.88 5.00% 1.00'0 Longview 33,080 $3.34 $3.34 . 0.125% 6.400 1.000io Lynnwood 31.680 S2.60 S2.60 1.000,0 Olympia. 36,740 $3.55 $2.87 0.125% 6.25% 1.00% Redmond 39,390 $2.46 $1.74 5.500% 1.00% Renton 43,970 S3.92 $3.55 6.00% 1.00% Richland 35.430 $3.47 S3.17 8.32% 1.00% Seattle 5-01.400 S3.20 $2.91 0,265% 8.00% 1.00% Spokane 185-600 $4.03 S2.95 10.400 1.00% Tacoma 1817,800 $4.25 $3.60 0.211% 7.000io 1.004% Vancouver" 59 2-5 $3.57 $3.19 0.082% 9.80% 0.50910 Yakima 59.740 $3.87 $3.40 9.20% 1.00% City Average - Tax Rates S3.17 $2.78 0.164% 6.70% 0.980/0 ' Only one city, Vanc-ouver, does not levy the optional 0.5% city sales tax. [_hafticcri:wl�s:u.u1.0 wa- . CITY OF BELLEVUE Tax Survey - 1995 Property Tax Rates (per S 1,000 of AV) Regular Excess Total 1994 Property Property Property : Cities Population Tax Levy Tax Levy Tax Levy Survevcd (411/94) Rate(s) S) Rate (S) Auburn * 34,970 S2.70 $0.59 3.29 Bellevue * 99,140 1.82 0.35 2.17 Bc11ingham 57,020 2.83 0.28 3.11 Bremerton 35,920 3.50 0.23 3.73 Edmonds 31,100 1.90 0.41 2.31 Everett 78,240 3.26 0.50 3.76 Federal Wav 73,500 1.57 0.00 1.57 Kennewick 46,960 2.97 0.00 2.97 Kent * 4I,980 2.62 0.46 3.08 Kirklan* 41,900 1.88 0.44 2.32 Longview 33,080 3,34 0.00 3.34 Lynnwood 31,680 2.60 0,06 2.60 Olympia 36,740 2.87 0.68 3.55 Redmond = 39,390 1.74 0.72 2.46 Renton * 43,970 3.55 0.36 3.92 Richland 35,430 3.17 0.30 3.47 Seattle * 531,400 2.91 0.29 3.20 Spokane 195,600 2.95 1.03 4.03 Tacoma*. 182,800 3.60 0.65 4.25 Vancouver 59,225 3.19 0.39 3.57 yakinia 59,740 3.40 0.47 3.87 City Average - Property Tax Rate S2.78 S039 $��� * Confirmed rates with 1995 Tax Codes &Levies -King County Assessors Office CITY OF BELLEVUE Tax Survey - 1995 Business and Occupation Tax Rates Average Cities Population Manu- B & 0 Wholesale faLLtlrinQ Services Rate (1) Other Surveved (4/l/94) Retail Auburn 34,970 Bellevue (2) 99,140 0.130% 0.150% 0.150% 0.150% 0.150% 0.150% Bel1i� 57,020 0.170% 0.170% 0.170% 0.440% 0.238% 0.1700/0 Bremerton 35,920 0.125% 0.160% 0.160% 0.200% 0,161% Edmonds 317100 Everett 78,240 0.120% 0.120% 0.120% 0.120% 0.120% 0.120% Federal Way. 73,500 Kennewick 46,960 Kent 41,880 Kirkland 41.900 0.1D0% 0.100% 0.100% 0.200% 0.125% Longview 33,080 Lvnnwood 31,680 Olympia 36,740 0.100% 0.100% 0.100% 0.200% 0.125% Redmond 39,390 Rcnton 43,970 Richland 35,430 °1° 0.215% 0.415% 0.265% 0.022% Sealde 531,400 0.215% 0.215 SPOkane 185,600 Tacoma 182,800 0A53% 0.102% 0.110% 0.490% 0.211% 0.200% Vancouver 59,225 0.077% 0.015% 0.1540/6 0.08210 0.077% Yakim 59,740 Ciry Average- 0.164°% O.D B & 0 Tax Rate 0.1� 42% 0.133% 0.127% 0.2� _ (1) "Average B&O Tax Rate" represents an unweightcd average of B&0 taxes Ievicd on Retail,Wholesale, Manufacturing, and Services activities. (2) The figure of 0.15011/6 for Bellevne's average B&Oo rate does Hours tax of S0 .01 hours t includc.the Adnli�vo Office tax of$0.1482 d t taxable square footage P - worked per employee. -= c:%boff"l°Dwl95eurvat:t+�+ut`! C= OF BEI 1 E VUF Tax Survey- 1995 Utility Tax Rates Avg .. Cities Population Storm Utility Cable Surveved (4/l/94) Gas Electric Water Sewer Drainage Teleuhone Tax (11 Garbaee TV Auburn 34.970 4.50% 4.50% 4.50% 4.50% 4.50% 4.50% 4.500% 2.00"o ".500"o Bellevttc 99,140 4.50% 4.50% 4.5D% 4"50% 4"50% 6.00% :.750% 4.50% 4.80% Bellingham 57,020 6.00% 6.00% 8.00% 8.000/0 6.00% 6.800% 4,00% 9.00% Bremerton 35,920 6.00% 6.00% 6.00% 6.000/6 6"00% 6"000% 19,00% 7.00% Edmonds 31-100 5.75% 6.00% 5.75% 5.75% 5.913% 5.00% Everett 78,240 5.75% 5.75% 6.00% 6.00% 5.75% 5.850% 5.00% Federal Way 73,500 Kennewick 46,960 8.50% 8.50% 7.00% 7.00% 5.509u 7.9o0°io 7.00% 7,00�0 Kcnt 41,880 3.8011/0 3.80% 3.80% 3.80% 3.80% 3.8090 3.S00% 6.80% 5.00% Kirkland(2) 41,900 5.00% 5.00% 5.00% 5.00% 5.00% 5.0000io 5"00410 5.00010 Longvicw 33,080 6.00% 6.00% 7.00% 7.00% 6.00% 6.400% 7.D0% 7.00io Lynnwood 31,680 Olympia 36,740 5.50% 5.50% 7.00% 7.00% 7"009/0 5.50% 6.2504/0 7.000/0 5.00`y° Redmond 39,390 5.50% 5.50% 5.50% 5.500% 6.00% 5.00% Renton 43,970 6.00% 6"00% 6.00% 6.00% 6.00% 6.00% 6.000% 6.00% 6.000,0 Richland 35,430 7.52%% 7.52% 9.52% 9.520,0 7.529/0 8.320% 9.52% 6.52% Seattle 531,400 6.00% 6.00% 10.00% 10.00% 10-00% 6.00% 8.0000/4 10.00% 10.00% Spokane 185,600 6,00% 6"00% 17.00% 17.000/0 6.00% 10.400% 17.00% 5.00% Tacoma 192.900 6.000/a 6.00% 8.00% 8.00% 8.00% 6.00% 7.000% 8.00% 8.32% Vancouver(3) 59,225 6.0001' 6,00% 15.50% 15.50% 6.00% 9.800% 3.00% Ynkima 59,740 6.000, 6.00% 14.000/6 14.00% 6"00% 9.200% 10.00% 10.00% Ciry Average- Utility Tax Rates ^5.81% _5.821% 8.03% 8.17% 6.26% 5.89% 670% 8.05% 6 (1) "Average Utility Tax" represents an unweighted average of electric, gas, water,sewer, storm drainage.and telephone utility taxes for cities which charge utility taxes- (2) Kirkland's residential rates are listed in the chart about. Kirkland's commercial rate is 6%for gas, eiectric.telephone, and cable, and 6.5%for garbage.water, and sewer. (3) Vancouver's gas utility tax rate is 6%for the first 52000 of gross receipts per customer Per month, and then 1.250.o for any additional gross receipts, The electric utility tax rate is 6%for the first 52,000 of gross receipts Per atstomcr per month. and then 2%for any additional gross receipts. Storm drainage utility taxis S 15"00 annually. TnT�i 14 n \ to , ( , [ (/ � $ , g | E kn e, ! )\\\ 2KRk 2 2 \ \\ \ \\ \\\\ \ �\\ / EL / E( l ` ! ` ice « \ ` } \ ) { ( [ 0 � \ \ o E Q {/ƒ _ § (} T ) n0 �( ` no � 11/27/95 STREET UTILITY Brent McFall stated that the City has implemented its Street Utility in accordance with State Statute in 1992 and the revenue from that utility has been designated specifically for major projects associated with the Transportation Plan which is a component of the Comp Plan which is required by the Growth Management Act. He noted that the t%vo most significant projects both in terms of cost and Comp Plan and the ability to achieve the required concurrency of infrastructure concurrent %vitli development, are the two corridor projects. McFall said that when the State Supreme Court ruled that the manner in wluch the State Statute requires cities to impose the street utility was unconstitutional (they ruled that residential component of the street utility was unconstitutional), there has been no ruling on the commercial component. There has been no ruling on the statute, only specifically on Seattle's residential utility. However, McFall noted that it is clear from the wording in the decision that they would further find other street utilities that were applied in a similar manner to be unconstitutional. He said that leaves us with a "hole" in our Transportation Improvement budget - about $1.4 Million Dollars annually which is dedicated to the corridor projects. McFall stated that it is the advice of the City Attorney as well as AWC that we need to - repeal the Street Utility fee. However, the Growth Management Act requires us to have concurrency between infrastructure - if the infrastructure is not built, it at least has to have a financially viable plan to have it built within a six year period to accommodate growth. If we do not have that concurrency, there are potentially state sanctions regarding the distribution of gas tax monies and other state distributed taxes that come back to the City. The other implications, if we are not able to build the corridor projects, are that we basically do not have concun•ency as required by GNIA which means we then can have a couple of options. One is to stop development activity in the City, literally issue no more building permits or, as a policy matter simply lower the level of service. McFall said that as a staff, we have tried to identify the options that are available. He referenced the packet of material previously mailed to the Committee, going thru those options with thein. One option is, a 1% increase in the utility tax would roughly replace the revenue lost by repealing the street utility. We now charge $1.90/month per residential unit and $1.90/employee for each business per month. The utility tax would basically replace that revenue. We could repeal the Street Utility, impose the utility tax increase at a revenue neutral level and the advantages are that it's in place, it's collected now, it would simply be at a different rate and we wouldn't add any costs to collect it. 2 It is basically paid by the same people who pays the street utility fee now; residences and businesses. It is paid in roughly the same ratio. McFall said that what we can't tell you is that for each individual customer that they will see no impact up or down because the utility tax is dependent upon usage. McFall said that this option was the recommendation of the Mayor's Street Utility Task Force and it is the recommendation of the Mayor to proceed this way in order to fund the corridor projects, which allows us to have concurrency, which allows continued development of the City. Further, if that option is taken, it needs to be done in conjunction with each action in conjunction with the other. And also, that the funds be dedicated specifically for that purpose. McFall stated another option is a second quarter percent real estate excise tax which is collected at the time of sale of property; that's an extremely volatile revenue source in that it depends on real estate transactions and generates approximately $570,000. He noted that it's not a reliable source of revenue and by itself does not replace the $1.4 million. The Business License option is something that Renton did a number of years - they charge $55 per FTE annually as the business license fee. In order to replace the $1.4 million, we would have to add $36 per FIT per year on top of our existing business license fee. The disadvantage of this is, it shifts the entire cost to replace the street utility revenue to business. Another option is B&-O Tax. This would have significant administrative overhead costs to collect the B&O tax. Another option - the Property Tax Lid lift. This would require about $.35 per thousand of assessed value increase in property tax rates and subject to voter approval. The final option is Transportation Benefit District - also subject to referendum which would again be about $.35 per thousand of property tax increase. McFall stated that the Mayor's Task Force felt that the only responsible option was to provide funds to construct the corridors, which have a significant impact on the future of the city and to do it in the form of a utility tax increase, earmarked specifically for the corridor projects and transportation projects, and done concurrently with the repeal of the street utility. We would then shore that it truly was a replacement revenue not a new increase in fees. Mayor White noted that the longer this goes on, the greater the risk of our being challenged on the utility. Therefore, this needs to be done in a timely manner as soon as Council is ready to act on it. The Mayor stated that he has made a recommendation and if Council has some other recommendation, we would be happy to listen. He noted that we have invested a tremendous amount of City funds in acquiring property, 3 condemnation procedures, etc. Committee recommended that the City Attorney prepare the appropriate Ordinance repealing the existing Street Utility fee. Committee recommended authorization for the City Attorney to prepare the necessary ordinances to implement an alternate revenue source for our street utility, that alternate being a 1% increase in the Utility Tax, earmarked specifically for street purposes, which would be a replacement of the Street Utility and, that those ordinances be adopted at the next full Council on December 12th. 100TH AVENUE EXTENSION - NEIGHBORHOOD MEETING Committee recommended that the I00th Avenue Extension meeting be held at East Hill Elementary School on Thursday, December 14th at 5:00 P.M Meeting adjourned: 5:30 p.m. 4 t f 4� p. ORDINANCE NO. 1. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing in its entirety Chapter 7 . 14 of the Kent City Code entitled "Street Utility" . WHEREAS, on or about April 7, 1992 , the City Council, pursuant to Chapter 82 . 80 RCW, established a street utility for the City of Kent; and WHEREAS, the City of Seattle, which enacted a similar street utility, was recently challenged in Court on the constitutionally of the street utility; and WHEREAS, the Supreme Court of the State of Washington in the case of Covell vs . City of Seattle, No. 61178-5, held that the street utility, as it applies to residential property, was unconstitutional ; and WHEREAS, even though Covell did not address the constitutionality of the street utility as it applies to businesses, the City Council of the City of Kent believes that it is in the City' s best interest to repeal the Street Utility Code in its entirety, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : Street Utility SECTION 1 . Reveal of Street Utility. Chapter 7 . 14 of the Kent City Code entitled "Street Utility" is hereby repealed in its entirety. SECTION 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance . SECTION 3. Effective Date. �' This ordinance shall take effect and be in force on Januagj 31, 1996 , which is more than five (5) days from and after i, s publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 2 Street Utility 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 streetu.ord 3 Street Utility f � M1 V ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington amending Chapter 3 . 18 of the Kent City Code entitled "Utility Tax on Telephone, Gas, Electric, Garbage, Water, Sewer and Drainage Utilities, changing the utility tax rates and dedicating a portion of the tax revenue for street improvements . WHEREAS, on or about April 7, 1992 , the City Council, pursuant to Chapter 82 . 80 RCW, established a street utility for the City of Kent ; and WHEREAS, as a result of a court challenge to the City of Seattle ' s street utility in the case of Covell vs . City of Seattle, No . 61178-5 , the City Council repealed the City of Kent ' s street utility; and WHEREAS, in order to maintain the same funding levels for street improvements in the City of Kent , the City Council believes it is in the City' s best interest to increase the City' s utility tax rate as a substitute funding source to be dedicated to street improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : SECTION 1 . Chapter 3 . 18 of the Kent City Code is hereby amended as follows : Utility Tax CHAPTER 3 .18 . UTILITY TAX ON TELEPHONE, GAS, ELECTRIC, GARBAGE, WATER, SEWER AND DRAINAGE UTILITIES Sec . 3 . 18 . 010 . Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Competitive telephone service means the providing by any person of telecommunications equipment or apparatus , or service related to that equipment or apparatus such as repair or maintenance service, if the equipment oY apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made . Network telephone service means the providing by any person of access to a local telephone network, local telephone switching service, toll service, coin telephone services, telephonic, video, data, or similar communication, or transmission for hire via a local telephone network, toll line c= channel, cable, microwave, or similar communication or transmission system. ' 'Network telephone service ' ' includes interstate service, including toll service, originating from or received on telecommunications equipment or apparatus in this state if the charge for the service is billed to a person in this state . ' 'Network telephone service ' , does not include the providing of competitive telephone service, the providing of cable television service, or the providing of broadcast services by radio or television stations . Telephone business means the business of providing network telephone service, as defined above in . this section. It includes cooperative or farmer line telephone companies or associations operating an exchange . Telephone business shall include one hundred (100) percent of the total service fees from calls originating and/or billed to subscribers within the city. Telephone service means competitive telephone service or network telephone service, as defined in the definitions of 2 ' ' network telephone service " and ' ' competitive telephone service ' ' set out in this section. Sec . 3 .18 . 020 . Certain utilities subject to tax. A. In addition to the other business and license fees required by the ordinances of the city, there is hereby levied upon all persons (including the city) engaged in certain business activities a utilities tax to be collected as follows : 1 . Upon every person engaging in or carrying on any telephone business within the city, an annual tax equal to three and one-half (3 1/2) percent of the total gross operating revenues, including revenues from intrastate toll , derived from the operation of such business within the city. In addition, there shall also be assessed an interim tax of 0 . 3 percent effective until 11 : 59 P .M. on December 31 1996 which revenue from said interim tax shall be dedicated to youth teen programs , plus an interim tax of 1 . 0 percent effective until 11 . 59 p m on April 7 , 2002 which revenue from said interim tax shall be dedicated to street improvement programs . Gross operating revenues for this purpose shall not include charges which are passed on to the subscribers by a telephone company pursuant to tariffs required by regulatory order to compensate for the cost to the company of the tax imposed by this chapter. 2 . Upon every person engaging in or carrying on a business of selling, furnishing, distributing, or producing gaseous gas for commercial or domestic use or purposes, a fee or tax equal to three and one-half (3 1/2) percent of the total gross income from such business in the city during the tax year for which the license is required. In addition, there shall also be assessed an interim tax of 0 . 3 percent effective until 11 . 59 p .m. on December 31 1996 which revenue from said 3 interim tax shall be dedicated to youth tee programs plus an interim tax of 1 . 0 percent effective until 11 . 59 1.m. on April 7 . 2002 which revenue from said interim tax shall be dedicated to street improvement programs . 3 . Upon every person engaged in or carrying on the business of selling, furnishing, or distributing electricity for light and power, a fee or tax equal to three and one-half (3 1/2) percent of the total gross income from such business in the city during the tax year for which a license is required. In addition there shall also be assessed an interim tax of 0 . 3 vercent effective until 11 . 59 p m on December 31 1996 which revenue from said interim tax shall be dedicated to youth teen programs plus an interim tax of 1 . 0 percent effective until 11 . 59 x) .m. on April 7 2002 which revenue from said interim tax shall be dedicated to street improvement programs . 4 . Upon every person engaging in or carrying on a business providing garbage service, a tax equal to six and one-half (6 1/2) percent of the total gross income from such business in the city during the tax year for which the license is required. In addition, there shall also be assessed an interim tax of 0 . 3 percent effective until 11 . 59 p.m. on December 31 1996 which revenue from said interim tax shall be dedicated to youth teen programs plus an interim tax of 1 . 0 percent effective until 11 . 59 p m on April 7 2002 which revenue from said interim tax shall be dedicated to street imTrovement programs . S . Upon every person (including the city) engaging in or carrying on the business of selling, furnishing or distributing water, sewer or drainage services, a tax equal to three and one-half (3 1/2) percent of the 4 total gross income from such business in the city during the tax year. In addition, there shall also be assessed an interim tax of 0 . 3 percent effective until 11 : 59 p .m. on December 31 , 1996 which revenue from said interim tax shall be dedicated to youth teen programs plus an interim tax of 1 . 0 percent effective until 11 : 59 p .m. on April 7 , 2002 which revenue from said interim tax shall be dedicated to street improvement programs . B . In computing the tax provided in subsection A. , the taxpayer may deduct from gross income, the following items : 1 . The. ,actual amount of credit losses and uncollectables sustained by the taxpayer. 2 . Amounts derived from the transactions in interstate and foreign commerce which the city is prohibited from taxing under the laws and constitution of the United States . See-3 . 18-925 . certain utilities subject to interim t i! Deeemhei---31, 1996, t-ire-pi-evisiene of this Beetrein-and net seet4men-3 . 18 . 929 , shall be in fia3l f�ejf:ea and-e€feeb-aa i Tn_.additien ce the ethei- hua=Hess and lieen.9. a Eees requ4:�Feel by the-erdinanees of-tire- ei-ty, there is city) engaged in eertain-business activities a utilties tam to lee-assessed--and-eelleete3 as any teleyen business wither deity, an annual tare equal te titree-and e=ght tenths g revenaes Lze2TT—intrastate bell—de ived-frem the epei-atien-e€ stt revenues-€e r t hzs-pttrpe s e-Jhazl net i n e l trd 5 eharges wh�-elzi are passed en te the te FF _ ea by --' - -' a a-e V he eeffipany ef the tax impeseel by this ehapterr e€—selling, �, r 3�l a„ll CQ SIZG a=-TJTOCIII'G'1ng gaseetisgas F. - r the—rrccxzse =s-Tccrui-r-eacr { dA:stribidtin `-1 Y e €ee—e J eqtial to th-r a eight tenths pereent ef the total A 15usinC3a a / b,ds CIIC CiCi during the tax year fe�f L, 1-. l e a • ___ __ __ _ business ..F water,n ar selling, furnishing er sewer er a.,._: tam equal t e ^J^ three and e€ghe tenths o ) _ nt e€ ti tetal Frefa 1. L t t J V L ie 6 a m� aetual Rye nt of eredit 1 ....se and l the taxpayer. _ elJll tlttttl.1. yr 111\.1a the .J ` ax4:ng tinder the laws and-eensittit-:en of the United States . L an interifft tax rate, shall lee aneremain i:n effeet , in l : -.L the previsiens o f ..b. eetien 3:9n r after L. ' L. tiffle L. ' .15 s e e a_ien s L, l l have ne fer-ee ea� ef€-eet of et o nn i.. „ b in f�!!feree and eweet . 4 All- jfe�Eerenees in this chapter _e the i t_. 1 Geese rfrean-seet i en- 3 . 18-9 2 5 ra t_, the prev3:9±ens _L seetion 3 16 . 9259tinset en Beee-Fther 31, 199S as premviEled herein. Sec. 3 .18 . 030 . Utility tax, when due. The utility tax imposed by section 3 . 18 . 020 of this chapter shall be due and payable in monthly installments and remittance thereof shall be made on or before the last day of the following month in which the tax accrued. On or before said due date, the taxpayer shall file with the finance department a return upon a form to be prescribed and provided by the finance department, which return shall contain a statement by the taxpayer, stating the amount of tax for which he is liable for the preceding monthly period, that the information therein given and the amount of tax liability therein reported are full and true and that the taxpayer knows the same to be true; which statement shall be signed by the taxpayer or authorized agent . Taxpayers expected to owe less than one thousand dollars ($1, 000 . 00) per month may submit taxes on a quarterly basis, taxes shall be due on the last day of the month following the end of the quarter in which the tax accrued. Quarterly period for the purpose of this chapter shall mean each three-month period of the calendar year. Sec. 3 .18 . 040 . Taxpayer' s records . Each taxpayer shall keep records reflecting the amount of his gross operating revenues on services within the city, and such records shall be open at all reasonable times to the inspection of the finance director or his duly authorized subordinates for verification of said tax returns or for the filing of a tax of a taxpayer who fails to make such a return. Sec . 3 . 18 . 050 . Failure to make returns or to pay taxes in full . If any taxpayer fails, neglects or refuses to make his return as when required herein, the finance director is authorized to determine the amount of tax payable, and by mail to notify such taxpayer of the amount so determined. The amount s*o fixed shall thereupon be the tax and be immediately due and payable, together with penalty and interest . Delinquent taxes, including any penalty, are subject to an interest charge of twelve (12) percent per year (or one (1) percent a month) on any unpaid balance from the date the tax payment became due, as provided in section 3 . 18 . 030 , until paid. Sec . 3 .18 . 060 . Overpayment of tax. Any money paid to the city through error, or otherwise not in payment of the tax imposed by this chapter, or in excess of such tax, shall, upon request of the taxpayer, be credited against any tax due or to become due from such taxpayer hereunder, or, upon the taxpayer ceasing to do business in the city, be refunded to the taxpayer . Sec. 3 .18 . 070 . Appeal to hearing examiner. Any taxpayer aggrieved by the amount of tax, interest, or penalties determined by the finance director to be due under the provisions of this chapter may appeal such determinations to the city hearing examiner in accordance with, and subject to, the provisions set forth in Kent City Code Chapter 2 . 32 . Taxpayers shall be required to remit the amounts determined to be due under this chapter prior to filing an appeal . 8 Sec . 3 .18 . 080 . False returns . It is unlawful for any person subject to this chapter to fail or refuse to pay the tax when due, or for nay person to make any false or fraudulent application or return or any false statement or representation in, or in connection with such return, or to aid or abet another in any attempt to evade payment of the tax, or any part thereof, or to testify falsely upon any investigation of the correctness of a return upon the hearing of an appeal or in any manner hinder or delay the city or any of its officers in carrying out the provisions of this chapter. Sec. 3 . 18 . 090 . Noncompliance; civil penalty. Any person, firm or corporation subject to this chapter, who refuses to make tax returns or to pay tax when due, or who makes a false statement or representation in or in connection with a utility tax return, or who otherwise violates or refuses to comply with this chapter, is subject to a cumulative penalty in, the amount of seventy-five dollars ($75 . 00) per day for each violation. All penalties thereon shall constitute a debt to the city and may be collected by court proceedings, which remedy shall be in addition to all other remedies . Section 2 . Limitations on Tax Rate Changes . The provisions of this ordinance shall be subject to the tax rate change requirements of RCW 35 . 21 . 865 for electricity, telephone and natural gas utilities . 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 consitutionality of any other section, sentence, clause or phrase of this ordinance . 9 Section 4 . Effective Date . This ordinance shall take effect and be in force on January 31, 1996 , which is more than five (5) days from and after its 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 Utilityt.ord 10 CITY OF ��,�`_, TI 7�►�1 Irl CITY OF KENT STREET UTILITY FUNDING OPTIONS 1996 ESTIMATES ��11�IIh:AA'Il.ti1L /I:P.N'I',AA'\SIIWG'f(IN nglli] SRvi/"I'4:1 I�I'll(1p;P i'_Oni.vSn itllll/F4C US�a ;t i� STREET UTILITY FUNDING OPTIONS - 1996 ESTIMATES $Produced Comments 1. Leave Street Utility in place 1,451,449 Seek Legislative remedy 2. Repeal Utility without replacement revenues 0 Non concurrency with Comprehensive Plan 3. Repeal Utility without replacement revenues 0 Lower GMA Service level 4. Repeal Utility and substitute replacement revenue A. 1%increase in Utility Tax Electric 634.203 Easy implementation Gas 140,763 Consistent revenue flows Telephone 345,274 Not revenue neutral for individual customers Garbage 89,000 2 months lag Water 60,302 Meridian start up Sewer 114,885 Drainage 45.275 1,429,702 B. Second 1/4%Real Estate Excise tax 569.144 Only requires a Council vote Varies, dependent an property sates. Alone is not sufficient to replace all revenues lost. C. Business license-add head count portion Requires ordinance change @$35.98 yearly per FTE X 40,340 1,323,152 Increases$13.18 per year per employee Business picks up residential portion. OR @$22.80 yearly per FTE X 40.340 919,752 No additional ongoing burden to business Combined with second 114 REET. 1,488,896 If combined with Real estate excise would replace all Street Utility tax revenues. D. City B&O tax @ .036%(36 cents/$1000) 1,451,449 +? May deter new businesses from coming to Kent Collection&administtration would be less cost effective, new tax would require new systems&staff to implement requiring greater total collections Actual rates necessary will be very difficult to determine accurately. estimates range from.017% to.0609% E. Property tax Lid Lift @.345/$1000 valuation 1,453,585 Requires voter approval Assumes$4,213,288,766 assessed valuation. Not considered very likely to succeed. F. Transportation Benefit District 1,453,585 Requires majority vote of Council subject to referendum @ .345/$1000 valuation Impact on other junior taxing districts undetermined. 1 CCC TPXAM VA 14-Nov-95 CITY OF BET LPVUF Tax Survey- 1995 Utility Tax Rates AV g Storm Utilinr Cabic Cities popularion Warcr Scorer SJrainare Telephone Tax (l) Garbaee Sarveved (4)1/94) Gas Electric 34,970 4.50% 4.500, 4.30% 4.50% 4.50% 4.50`50 4.500°'0 2.00% Auburn of ° 6.00% 4.7500'0 4.50% 4.3valu Bellevuc 99,140 4.50% 5.50% 4.50.0 4,50% 4Sll°0 Bellingham 57,020 6.00% 6.00°" 8.00% S.00% 6.00'0 6.300% 4.00°0 9.00°'0 Bremerton 35,920 6.00% 6.00% 6.000/0 01.00010 6.n0% 6.0000./0 19.00% 7.0000 31.100 5.759'0 600% 5.75010 5.7500 5.813°0 Edmonds 5.75°% 5.8509a 5-�°6 Evert¢ 78 240 5.75% 5.75°'0 6.00% 0.0040 Federal Way 73,500 $_500,0 7.900% 7.0090 7.0090 Kennewick 46,960 8.50010 8.300/0 7.00% 7.00% Kent 41,880 3.80% 3.800/0 3.80% 3.800/0 3.9000 0 6 3.800/0 3.3009 .809/0 5.0090 ofo Kirkland (2) 41,900 5,00% 5.00% 5.00°0 5.00% 5.00% 5.400% 7.00°'0 5.00% Longview 33,080 6.00% 6.0Q90 7.00% 7.00°0 6. 6.009/0 00°.'0 .n09'o i.00 Lynnwood 31,680 Olympia 36,740 5.50010 5.509'0 7.00% i.00% 7.000 5.50°u 6 250°,'o 7.00°0 5.0�0 Redmond 39,390 5.50°% 5.50°% 5.5001 5J0090 6.00°0 °' Renton 43,970 6.000/0 6.00°a 6.009'0 01.00010 6.00°!, 6.00% 6.000% 000% 6.0000 Richland 35,430 7.520'0 7 52°% 9.52% 9.52°,0 5290 8.320% K,70 6-f 2,0 Seattle 531,400 6.00% 6.00°'0 10.00% 10.00% 10.009,0 6.000'0 8.006% 10.00% 10.00% Spokane 185,600 6.00% 6.000,0 17.00% 17.00°.'0 6,004/0 10.4000,0 1700% 5.00°5 Taco ?ma 18 800 6.00% 6.00% 8,00% 8.009/0 9.00% 6.00"0 7.000°0 3.00% ° 0i 0i 0/ 6.00% 9.800% 5.00% Vancorrver(3) 59,225 6.000 6.00,0 1. 10 15. O,o 600°% 4?00% 10.00% 10.00%Yakima 59,740 6.00% 6.00% 14.00% 14.00°0 City Average- S. 6?6°0 5.89% Ulitity Tax Rates 5 819'0 3=(13`/0_ - - --- -- - -- --- (I) "Avetagc Utility Tax" represenrs an ikmveightcd average of ele-tic, gas, rv'ater, scnver, storm drainage_and Sdenhone utilin` t:,xa for clues which charge nrility taxw- (2) Kirtcland's residential rates are listed in the chart above. Kirkland's commercial,rate is 691&for gas, electric.telephone, and cablc, and 6.5%for garbaee. %vater, and sewer. (3) Vancotrver's gas ntiliry tax rate is 6%for the first S2000 of gross receipts per arSromer per month and then 125i lnon�� additional rmss receipts. Tire electric utility tax rate is 6%for the first S2 000 of gross recripts per cusmn cr N and then "_°0 for any additional gross receipts. Storm drainagcutilin'tax is S1 .On anmtally. 2 .ITY OF KE1TI 'TIILITY TAX DATA 1996 ESTIMATED 3.50t 0.30% 3.00; UTILITY TAX: 001 113 140 170 TOTAL _____________________________ ELECTRIC 2,219,709 190,261 2.409,910 GAS 492,671 42,229 534,900 TELEPHONE 1,208,460 103,582 1,312,042 GARBAGE 311,501 26,100 261,001 605,202 HATER 211,057 18.091 229,148 SEWER 402,096 34,465 436,561 DRAINP.GE 158,461 13,582 172.043 - --------------------- ---------------------------- TOTAL. UTIL TAX 5,003,955 0 428,910 267,001 5,699,866 1996 ESTIMATED 4.502 '0 30% 3.004 ITTILITY TAX: 001 113 140 110 TOTAL ______________________________________________________________________ ELECTRIC 2,853,912 190.261 3,044,173 GAS 633,434 42,229 675,663 TELEPHONE 1,553,734 103,582 1,657,316 GARBAGE 400,501 26,700 267,001 694,202 HATER 271,359 18,091 289,450 SEWER 516,981 34,465 551,446 DRAINAGE 203,736 13,582 211,318 _________________________________________________ TOTAL UTIL TAX 6,433,656 0 428,910 267,001 7,129,567 DIFFERENCE 1,429,701 0 101 0 1.429,701 3 Sample Utility Tax Increase Comparison Effect on Residential Consumers Monthly Annual 1% additional 1% additional Billing Billing Utility tax Utility Tax Annual Monthly SMALLER HOME Electric/Natural Gas 85.00 1,020.00 10.20 0.85 Phone 50.00 600.00 6.00 0.50 Garbage 15.00 180.00 1.80 0.15 Water 20.00 240.00 2.40 0.20 Sewer 25.00 300.00 3.00 0.25 Drainage 4.38 52.56 0.53 0.04 199.38 2,392.56 23.93 1.99 Street Utility @ $1.90 / month (22.80) (1.90) Net Annual Impact To Residential Consumers 1.13 0.09 LARGER HOME AND LAWN Electric/Natural Gas 168.00 2,016.00 20.16 1.68 Phone 75.00 900.00 9.00 0.75 Garbage 15.00 180.00 1.80 0.15 Water 40.00 480.00 4.80 0.40 Sewer 25.00 300.00 3.00 0.25 Drainage 4.38 52.56 0.53 0.04 327.38 3.928.56 39.29 3.27 Street Utility @ $1.90 / month (22.80) (1.90) Net Annual impact To Residential Consumers 16.49 1.37 CCC TAXALT3.WB1 27-Dec-95 4 City of Kent Sample Utility Tax Increase Comparison YEARLY MONTHLY Yearly Effect On Commercial Consumers STREET 1% DIFFERENC DIFFERENCE UTILITY INCREASE INCREASE INCREASE TYPE OF BUSINESS FTE'S COSTS UTILTAX (DECREASE (DECREASE) Very Large Manufacturer 966 22,018 20,000 (2,018) (168.17) Large Manufacturer 300 6,840 3,900 (2,940) (245.00) Medium Manufacturer 30 684 3,800 3,116 259.67 Medium Warehouse 45 1,026 690 (336) (28.00) Small Retail 3 68 115 47 3.88 Small Restaurant 9 210 191 (19) (1 .58) Large Retirement Home 94/units Exempt 6/unit 6 0.50 Common area Large Retirement Home 1/unit Exempt ' 16 16 1.33 Individual Elec/Phone 5 Date : April 19, 1994 To: May Miller, Finance Director From: Jim Huntington CPA, Field Auditor Subject : Additional 1/4 percent real estate excise tax. During the 1992 legislative session substantial amendments were made to the Revised Code of Washington making available to certain cities planning under the Growth Management Act an additional 1/4 of one percent real estate excise tax. This tax is enacted by a simple majority vote of the council . This tax must be used solely for financing capital projects specified in a capital facilities plan element of a comprehensive plan. The monies collected can be used for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation or improvement of streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, bridges, domestic water systems, storm and sanitary sewer systems, and planning, construction, reconstruction, repair, rehabilitation, or improvement of parks . In 1993 $464 , 909 was collected from the 1/4 of one percent real estate excise tax currently authorized. An additional 1/4 of one percent would add an additional $500 , 000 per the 1994 budget . Following is the status of local cities regarding adding the additional 1/4 percent real estate excise tax: CITY Additional 1/4o tax Auburn Yes Renton Yes Tukwila No Normandy Park No Passed 7/93 Repealed 4/94 Seattle Yes Des Moines Yes SeaTac No Mercer Island Yes Kirkland No Federal Way Yes Attached for your convience is a sample ordinance provided to us by Municipal Research. 6 Potential B&o tax rate estimates IJased on various ratios Estimate based on ratio of statewide Retail taxable to 8&0 taxable sales. Utility tax to replace 1,451.449 397,94T Kent 1996 sales tax 14, = Effective net rate to Kent 0.8415410 Projected Kent total retail sales taxable 1,710,985,938 Kent's estimated share of state 8&0 tax Projected Kent fora( retail sales taxable 1,710,985.938 Statewide Income subject to retail sales tax (94) 60,586,293,940 Kents share of state's B&O sales = - 294,502,000,000 X 2.82d% = 8,316.877,130 iarget Revenue 1,451,419 0.01 i°o E_imateo nece-ssarr rate Kent's share of state's B&O sales 8,316.877,430 Note that the City probably does not have the same rado of taxable sales as the State. =. nioner nano of B&O taxao(e sal would reduce the-necessary rate to accomplish funding replacement. Estimate based on ratio of assessed valuation Kent Assessed Valuation (94) 3,911.041,170 1.3==`.� State Assessed Valuation (94) 287,885,000,000 Kents share of state 's B&O sales = 294,502,000.000 X 1.35 95 = 4.000.935,952 Target Revenue 1.451,449 0.036% Estlmareo necessaryv rate Kent's share of State 's B&O sales 4,000,935,952 Estimate based on ratio of population Kent's Population 4-1-95 44, 29 0 81-°S State PnnUlatinn Kent's share of state 's B?.O sales = 29•;,502.000,000 ;< O.q1-95 .406.041.-1,-1 Target Revenue t,d51,449 0.063% Estimated necessary ?Mate Kenrs.share of state's B&O sales 2,406,041,474 7 CCC TAXALT.Wrl1 14-Nov-95 CITY OF KENT November 30, 1995 CURRENT BUDGET ANALYSIS AND FORECAST STREET FUND 1995 Estimated 1996 Meridian 1996 Adj Bud Actual Forecast Annexation Recommend REVENUES Intergovernmental Revenue: 684, 883 653, 852 198,052 851, 904 Fuel Tax - Unrestricted 1111 712,012 Fuel Tax - Restricted 1120 332,635 330,876 305,691 92, 594 398,285 Motor Vehicle Registration Fee 350,178 362, 806 350, 178 105, 541 455,719 Street Utility Revenue 1,346, 907 1,377,587 1,346,907 007, 248 1, 007, 248 �' 125,192 1, 007,248 1,007,248 Property Tax - Annexed Streets 48,000 Interest Income 40,000 86,457 48,000 TOTAL REVENUES 2,781,732 2, 967,801 2,704,628 1,507, 977 4, 212,605 EXPENDITURES (TRANSFERS) 41, 847 Debt Service 41,851 , 41,847 Street Utility Operations 297,598 297, 598 98 307,586 21, 172 324,635 Street Projects: Corridor Improvement Fund 2, 035,000 2,035,000 1,768,000 100,211 1, 344, 211 Asphalt Overlays 267,986 267,986 244,000 105, 000 325,000 Neighborhood Traffic Control 20,000 20, 000 5, 000 49,000 Downtown In-City Transit (Demo) 30, 000 30,000 49, 000 •• Russell/ W Meeker Signal 168,000 168,000 Prager Rd Guardrail 7,222 7,222 4th Ave/James Improvements 20,000 20, 000 192,000 Pavement Markings 100, 000 1n0,000 100,000 100,000 300,000 Bike Paths 300,000 Sidewalk Rehabilitation 300,000 300,000 200 Other Street Projects (30,222) (30,222) 978,483 978,483 Transfer - Street Maintenance 978,483 978,483 TOTAL EXPENDITURES 3,357,43S 3, 357,435 2,361,433 1,423, 608 4,441, 919 INCREASE (DECREASE) IN FUND BALANCE (575,703) (389, 634) 343, 195 B4,369 (229,313) Unrestricted 9, 508 181, 981 81,657 81, 657 Restricted 216,411 226, 965 Street Utility 367,796 505, 363 417, 804 417,804 BEGINNING FUND BALANCE 595,715 914,309 499,461 499,461 ENDING FUND BALANCE Unrestricted (135,317) 135, 219 449,662 80,873 Restricted 62,046 90,652 313,691 21,480 Street Utility 93 ,283 298, 804 79, 303 167, 795 ENDING FUND BALANCE 20, 012 524, 675 842, 656 84, 369 270, 148 Variance from Preliminary Budget 25,214 * 1996 Projects are itemized in the Capital Facilities Plan. 8 CCC 11011.PIQ2 19-Dec-95 iU� CONSENT CALENDAR 3 . city Council Action: Councilmember �(,:k-l� moves, Councilmember_ seconds that Consent Calendar Items A through E be approved. Discussion 7; (o Action '` 3A. Approval of Minutes. Approval of the minutes of the Special Council meeting of December 13 , 1995. 3B. Approval of Bills. Approval of payment of the bills received through November 30 and December 15 and paid on November 30 and December 15 after auditing by the Operations Committee on December 27, 1995. Approval of checks issued for vouchers: Date Check Numbers Amount 11/30/95 162182-162756 $2 , 392,419.47 12/15/95 162757-163226 2 , 473, 045. 38 Approval of checks issued for payroll for November 16 through November 30 and paid on December 5, 1995; and approval of checks issued for payroll for December 1 through December 15 and paid on December 20, 1995. Date Check Numbers Amount 12/5/95 Checks 207772-208145 $313 ,202 .70 Advices 29528-30010 593 , 116.29 $906, 318.99 12/20/95 Checks 208146-208455 $264, 658.47 Advices 30011-30425 540,435.36 $805, 093 .83 Council Agenda Item No. 3 A-B KENT CITY COUNCIL SPECIAL MEETING December 13 , 1995 A special meeting of the Kent City Council was called to order at 5: 00 p.m. by Mayor White. Present: Councilmembers Clark, Mann, Orr and Woods, City Attorney Lubovich, Finance Division Director Miller, and Richard King of Lehman Brothers. Water Revenue Refunding Bonds. At their November 22 , 1995, meeting,- the Operations Committee recommended adoption of an ordinance for the refunding of all outstanding water system revenue bonds. Today's positive interest rates will provide a savings total of approximately $469 , 000 or 6. 8 percent of the refunded principal which amortizes to approximately $90, 000 annually in debt service savings for the next nine years. Authorization in requested for the Mayor to sign the Refunding Trust Agreement and Refunding Bond Purchase Agreement. Finance Division Director Miller noted that these interest rates are the lowest of any bond issue, and that the savings is close to $100, 000 a year. She noted that this also restructures the ordinance, allows more flexibility in financing, and helps set up for future projects. She added that a significant amount of money was saved by refunding all the issues. Richard King of Lehman Brothers explained that both Moody's and Standard and Poor's confirmed the City's A ratings on the water system. He agreed that this will provide flexibility, and said that there will be increasing cooperation regionally in the delivery transmission of water and that this new ordinance will help. King noted that the market has been quite strong and the 30-year Treasury has gotten down to just above 6%. WWODS MOVED to adopt Ordinance No. 3258 relating to the refunding of all water revenue bonds and authorizing the Mayor to sign the Refund Trust Agreement and Water Revenue Bond Purchase Agreement. Mann seconded and the motion carried. The meeting then adjourned at 5: 05 p.m. Brenda Jaco er, CMC City Clerk Kent City Council Meeting Date January 2 . 1996 Category Consent Calendar 1. SUBJECT: 100th Avenue Extension & SE 244th Street Temporary Closure 2. SUMMARY STATEMENT: This motion authorizes the temporary closure of SE 244th Street between 104th Avenue SE & 100th Avenue SE for a duration of 18 months, as recommended by the Public Works Committee at their October 23rd meeting and reaffirmed at their December 14th meeting. Further, it will authorize the adoption of Alternative 'A' as the planned road network for the neighborhood, subject to including within the opening of 100th Avenue SE between SE 242nd Street and SE 244th Street, specific traffic restrictor provisions such as speed humps, chokers, etc. as part of the improvement so as to prevent high speed and unnecessary pass through traffic thereon, as recommended by the Public Works Committee. Finally, it will acknowledge that upon the end of the 18 month closure period, SE 244th Street will be reopened as per the adopted road network (Alternate 'A' ) 3 . EXHIBITS: Public Works Director Memorandum (12/11/95) , Public Works Minutes (10/23/95) , Public Works Minutes (12/14/95) , Alternate 'A' Map, List of Resident Attendees (12/14/95) 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C DEPARTMENT OF PUBLIC WORKS December 11, 1995 TO: Public Works Committee FROM: Don Wickstrom RE: Neighborhood Traffic Concerns 100th Ave. Southeast & Southeast 244th St. This issue was originally discussed at the June 26 Public Works Committee (a copy of the Public Worlcs Committee minutes is attached, as well as my earlier memo ). No action was taken then and the issue was deferred to the July 1 Oth meeting. At the Public Works Committee meeting last month, staff was requested to prepare a detailed traffic study. We were requested to evaluate the impacts of various circulation alternatives to mitigate the safety, emergency vehicle access, and cut-through-traffic issues associated with the citizens' request to not construct the missing segment of 100th Avenue Southeast, and to close the recently opened portion of Southeast 244th Street. We have prepared these analyses, and have evaluated the consequences of the various - neighborhood circulation alternatives. As stated previously, the City is not pursuing on its own the construction of either of these two streets (SE 244th St. or 100th Ave SE). They have been, and will continue to be, constructed as a condition of development of the adjacent property. Both 100th Avenue Southeast, between Southeast 240th Street and Southeast 248th Street, and Southeast 244th Street between 100th Avenue Southeast and 104th Avenue Southeast, have long been planned to be built. Much of the right-of-way for these two roadways was deeded to King County almost 90 years ago, in 1905, and granted to the City when this area was annexed. This issue has been prompted by the development of the 'Top of the Hill' subdivision. (see attached map for plat location) A plat condition thereof required the improvement of S.E. 244th St. that opened S.E. 244th St. between 100th Ave S.E. and 104th Ave S.E.. An additional condition required the construction of a pedestrian path along 100th Ave S.E. right-of-way from 244th St. to East Hill Elementary School. The residents of the Canterbury/ Eastwood neighborhoods saw the construction activity on both 100th 1 NORTH SCALE: I"=500' ........................................ ..........i JgA.ES ST-_—JL-­---'-J��� . ..... r S.E. 240TH. ST, .... (77 P. EAST HILL E LE M E w ................ > ............... 5 T S T .......... a: ....... FRED MEYER 5 .... ............ .....5 242N0 ST . ...... T.— ........... ...... 5 242NO 'CT a- (S. 243A TOP OF THE H I SE 244TH ST SE .. w 245TH�T = uj —77. S.E.'245TH­ P L:'.- >I E Lo — EASTWOtlD— > 245TH PL C= C.-,.-NfTERBU-RY ... ;> S.E. 246TH. ST. 246TH PL cr 7. SE �7gE 2147TH PL ....... 2q7TH CT ....... > .... ....... ------ S. 248TH�.,.,ST. ;J cr ------ .......... ........... ... ........... ..... .......... C�-—JAM-; .yt .. ... .... ........... ........... :'7 ...... S. 252NO. ST.—: Ave S.E. and S.E. 244th St. and assumed that both roads were being opened to traffic. Consequently, they became alarmed -- raising issues of lack of proper public notice, safety to school-age pedestrians, 'cut-through' traffic, and increased traffic accident potential. The 'Top of the Hill' subdivision was the subject for numerous public notifications and public hearings. It went through environmental review [ SEPA ] in September of 1993, at which time a notice was published both on the site and in the local newspaper. Further, the project went through a rezone in which both a notice board was posted on the site, and a public notice printed in the Valley Daily News newspaper on January 21, 1994 and March 8, 1994. Individual property owners within a 200-foot radius were also notified thereof, and two public hearings were held. Lastly, it went through the platting process wherein again, both a notice was published ( published in newspapers July 22, 1994, on the site and individual property owners within a 300-foot radius were notified thereof ) and a public hearing was held. During this public-notice process, we did not receive any citizen input on this present issue. Staff reviewed who actually received the individual public notices for the rezone and the platting process, and determined that the affected properties within the Canterbury neighborhood were properly notified. The owner listed on the tax rolls at the time however, was the Chaffee Corporation, the developer of the Eastwood and Canterbury plats. This explains, in part, why the present owners within the neighborhood were not involved. However, the developer was aware of the 'Top of the Hill' subdivision, and the proposed environmental mitigation measures, and obviously failed to advise the prospective buyers of the Canterbury/ Eastwood plats thereof. Since the June Committee meeting, the developer of the 'Top of the Hill' subdivision has completed the improvements on S.E. 244th St.. The street is now open between 100th Ave S.E. and 104th Ave S.E.. In the time since this has occurred, the City's transportation engineering staff has performed several traffic studies in this neighborhood: traffic volumes, accident histories, and prevailing travel speeds on the local roadways. I want to remind the Committee that 100th Ave. S.E. itself is designated in the City's Comprehensive Transportation Plan as a Residential Collector Arterial. As such, its primary purpose is to provide through access between S.E. 248th Street [ which is similarly classified as a Residential Collector Arterial ] and James Street/ S.E. 240th [ which is classified as a Minor Arterial ]. 2 100th Avenue Southeast was designed and built as a collector arterial in the development of the Canterbury, Canterbury Place and Eastwood Subdivisions. In accordance with this purpose, no homes therein were, or are, allowed to have direct driveway access onto this roadway. This was deliberately done to prevent the very traffic safety concerns expressed by the Canterbury/ Eastwood residents. I would further point out that this area is designated under the City's adopted Comprehensive Plan for high density (8 units per acre or 5,000 sq. ft. lots) single family development. The 'Top of the Hill' plat was recently rezoned to such 5,000 sq. ft. lot designation. An adequate road system is absolutely critical to serve such land use densities. To do otherwise unnecessarily burdens other neighborhood streets, such as 98th Avenue South. It also forces additional traffic on to already-congested arterials and intersections -- decreasing the safety of drivers and pedestrians, and, encourages the very 'cut-through' traffic that the residents are concerned about. There is no evidence that the opening of S.E. 244th St. may have resulted in significantly more non-local traffic through the Canterbury/ Eastwood neighborhoods. The majority of the traffic is generated from the existing neighborhood. In the future, with the development of the adjacent vacant land, traffic volumes will continue to increase along 100th Ave. S.E.. Once the link to S.E. 240th St. is completed, it will be no different from many other urban residential collector'through' streets in the area. Jason Street, for example, which provides a direct connection between Canyon Drive/E. Smith Street and James Street/ S.E. 240th Street, has a total daily traffic volume of 1700 vehicles per day and it has homes that have direct access onto the street. Woodland Way, near South 262nd Street, carries more than 3100 vehicles per day, and similar to Jason Street, has homes that have direct access onto the street. Woodland Way, further, provides direct access to the Scenic Hill Elementary School -- in a virtually identical manner as 100th Avenue Southeast provides direct access to Kent East Hill Elementary School. Furthermore, the travel speeds upon Woodland Way are higher than either exist upon 100th Avenue Southeast, currently, or are reasonable to expect in the future. Neither Jason Avenue nor Woodland Way has a significant accident history. There have been only 4 accidents upon Woodland Way over the past three years. Of these four, two were run-off-road-type accidents due to the lack of proper roadway shoulders, in general, and the curve at Tilden Avenue in particular. None of these involved pedestrians, in spite of the lack of sidewalks or improved road shoulders combined with the heavy volume of school-age pedestrian traffic. 3 Even when 100th Avenue Southeast is completed, the route that it provides is so circuitous that there is nothing to indicate that the 'cut-through' traffic volumes on 100th Ave S.E. -- even with the proximity of the Fred Meyer Store -- would approach the current level of those upon either Jason Street or Woodland Way. The speed of traffic can be restricted by means of roadway'chokers' should the prevailing travel speeds increase beyond 35 MPH. There is no credible evidence to suggest that the opening of 100th Avenue Southeast will create a significant safety problem to school-age pedestrians. The peak period for school- age pedestrians is in the early/ mid afternoon -- generally in the 2:30 to 3:30 PM time frame. The traffic generated by the adjacent residential development peaks, on a typical day, in the time period from 4:45 to 5:45 PM -- based upon our studies of the area. Peale hour flows generated by the adjacent commercial land uses -- the Fred Meyer Department store, for example -- similarly, peak during the period when school-age pedestrian volumes are at among their lowest volumes. Further, 100th Avenue Southeast already has concrete curbs and gutters, and raised concrete sidewalks, along the entire existing improved portion of roadway, and the future unconstructed segment will similarly have full-width concrete sidewalks separated from the roadway surface. The prevailing traffic speeds along 100th Ave S.E., after Southeast 244th Street was opened up to through traffic, range between about 28 and 29 miles per hour. Over a one-week period a total of 1700 vehicles used 100th Ave. S.E. ( 243 vehicles per day, or and average of 16 vehicles per hour between 6:00 A.M. and 9:00 P.M.) Of those 1700 vehicles, only 4 vehicles were traveling faster than 35 miles per hours (35 miles per hour is the lowest speed at which the Kent Police Department would normally issue speeding citations to drivers ). The volume of traffic after S.E. 244th Street was opened to through traffic, is at a level consistent with the number of homes along 100th Avenue Southeast. This indicates that there is no measurable diversion of non-local traffic. In fact, there has been evidence provided that residents from within the neighborhood are using the recently opened portion of Southeast 244th Street to drive to and from their homes. Staff has prepared an inventory of the existing roadway conditions, and a detailed traffic analysis of the surrounding area based upon full development of the properties surrounding the Canterbury/ Eastwood/ Canterbury Place neighborhoods -- the area bounded by 96th Avenue South, Southeast 240th Street, Southeast 248th Street, and 104th Avenue Southeast. Our analysis is based upon full development of the area under its current Comprehensive Land Use designations. The trip generation was determined by using nationally- recognized standards for trip generation characteristics for both single-family and multi- 4 family residential development. Trip distribution onto the City's roadway system was based upon computer forecasts recently utilized for our Comprehensive Transportation Plan. 'Pass-through' traffic from the multi-family residences to the south of Southeast 248th Street was factored into the trip analysis. In addition, recent changes to the single- family residence development standards have been factored into the analysis. The number of developable lots within any given subdivision will be significantly increased by these changes. The following four roadway circulation schemes were evaluated: Alternative A - this represents the longstanding proposed [ and the one by which the impacts of the recently adopted Comprehensive Plan were evaluated ] roadway system. Under this alternative, the currently unimproved portion of 100th Avenue Southeast would be improved. Alternative B - an extension of the 'northerly' section of 100th Avenue westerly toward -- and connecting with -- 98th Avenue South, along the alignment of South 244th Street. Alternative C - an extension of Southeast 244th Street from 100th Avenue Southeast to 98th Avenue South. In this alternative, 100th Avenue Southeast would be cul-de-sailed at approximately Southeast 242nd Street and, on the north, at approximately the 24300 block. Alternative D - this alternative reflects the current system pattern, except that Southeast 244th Street would be closed, and turnarounds [ cul-de-sac 'bulbs' ] would be constructed at the easterly end of the 10100 block, and in the other direction, in front of the drainage tract for the 'Top of the Hill' subdivision. As with Alternative C, 100th Avenue Southeast would be cul-de-sac'ed at approximately Southeast 242nd Street and, on the north, at approximately the 24300 block. Each of these alternatives, except 'D', would retain the recent improvement to Southeast 244th Street. As can be expected, the Canterbury/ Eastwood residents' request to not improve 100th Avenue Southeast has its most significant impacts upon 98th Avenue South and Southeast 246th Street. Current traffic volumes along 98th Avenue South would more than double from roughly 1100 vehicles per day to nearly 2800, under Alternative D [ that requested by the residents along 100th Avenue Southeast ]. Under Alternative C, the existing traffic volumes would nearly triple. 5 w {— c0 N O a o C 0 0 (p O o M M W J MOO MO) -. rr M O � cO M D ¢ In r 0 M O N M > LL r Cl) 'd' O (C) CA r 0 N O N V' M ¢ w N N N T r N M T T r T M ` a' F- z U z z Q w w wo �. Q m O � O 00 LOLO00 (p0 OOP C) U) ON N N Cl)Lo co (O V co N ((7 Q LU ULi LL Q o 0 0 o 0 0 o Q J (O (M O M0) Cl) r C) Q) 000 Li ¢ V Cl) OO Lr) (p t0 (DON a) ON_ N (0 O NN N V' r NM V MN N F- Q W w N Q ? CD OMN Lo � (M � Oo co � O LO � V' LO O > a) r U in ¢ o 0 � � � � � o o � o e N T COM O a o 0 0 o 01 p o T O Q W J M O 00 (O 00 M M O O ¢ N N O M U-) U-) O a V N N LO CO N N M N O Q OT T T T N T N W O tW w- 0 -1 0Q � Loo � o0 (pn0 CD((D BLOC) o F- L O T T T T r N N N (D V r r M Z Cf) > E2 W Q \ \ \ \ \ \ \ \ \ \ \ \ � Jw d. = Q o 0 0 0 0 C 0 0 0 0 ( 0 o a F- H O p p 0 0 0 0 0 0 0 0 0 0 U) J O O O O O O O O O O O O O w li ¢ 666 C) o6Oo 0 006 an' >" > a o00 00000 0 000 02U) O Z � O Lu W W > J Q ? MOO V Nm co co OM M OOO (00aa Z O T T T Cl) N T T . V) N r r a U w > ¢ a� m m > Y m r m L w w Q 1) a)(D H 3 0 0 o M � � �, � U) F m m o o m = cn (n (n m > U) U)) d cn y ta) C � a, v> L Z L w 'co = mow (n = '�' � aa) aci •�" r W `t" c C: � -0Nv 'nM > >C'4 to N O Ur O V V N (7 N N N N G'IT IT O +_.. a7 Q Q v N O � LrL_ owLUw a ¢ a ¢ o � � ¢ r a = = 7a CU) (n NL N : p � NL 1' O O � a7 d O 0 O y (D HM TT yc0 > O Q a am 0 a) o m m o O 0 Q L c c c � 0 O coo c 0 0 0 a' Of ♦- V) (n (n The traffic volumes along 98th Avenue South, under Alternative C would very nearly be more than twice the maximum volume that would normally be allowed on a roadway of its current planned-for classification. The level-of-service along 98th Avenue South would degrade from LOS 'D' -- the level of service that we design for -- to 'F' under either of these two alternatives. From the perspective of overall traffic volumes and levels-of-service, the two most impactive alternatives are Alternatives C and D. Alternative B also negatively impacts the existing residences along 98th Avenue South, but to a lesser extent than C or D. Southeast 246th Street 94th Avenue South and South 242nd Street Additional impacts, would also occur on Southeast 246th Street, South 242nd Street and 94th Avenue South under these alternatives. Under Alternative A, that which reflects the current plan of circulation in the area, traffic volumes would remain much the same, but increasing slightly, on 94th Avenue South and South 242nd Street. Traffic volumes on Southeast 246th Street, between 98th Avenue South and 100th Avenue Southeast, would decrease from 280 trips per day to an estimated 150 daily trips. The current traffic volumes along Southeast 246th Street would more than double from roughly 280 vehicles per day to nearly 500, under Alternative D [ that requested by the residents along 100th Avenue Southeast ]. Under Alternative C, the existing traffic volumes would increase by nearly 50%. Compared to Alternative A, however, the Alternative C traffic volumes on Southeast 246th Street would be more than doubled. Under Alternative D, as compared with the longstanding plan, the volumes would more than triple. Based upon of the existing traffic volumes, the level-of-service along South 242nd Street would reach LOS V. Currently, the level-of-service is estimated to be at LOS 'B'. 94th Avenue South is currently at LOS 'F'. Even with full improvement, the segment of 94th Avenue South between South 248th Street and James Street would be at LOS 'C' under today's traffic volumes. Under Altematives 'B', 'C', or'D', the levels-of-service will degrade to LOS 'D'. Again, from the perspective of overall traffic volumes and levels-of-service, the two most impactive alternatives are C and D. Alternative B also negatively impacts the existing residences along these roadways, but to a lesser extent than either Alternative C or D. 6 Mitigation Measures Mitigation of the direct and attributable impacts to the request to close 100th Avenue Southeast would include the following: ► Widen 98th Avenue South to the City's Standard for a Residential Collector Street, with asphalt shoulders for pedestrians. Install a traffic signal at 98th Avenue South/ James Street. Construction Cost: $575,000 Right-of-way acquisition: $350,000 Associated Costs: $150,000 Signal Costs: $150,000 SUBTOTAL: $1.2 Million ► Improve the intersections of 94th Avenue South at South 248th Street and South 242nd Street, to improve sight distance, and increase capacity. Construction Costs: $300,000 Right-of-way acquisition $100,000 SUBTOTAL: $0.4 Million The estimated cost to mitigate the closure of 100th Avenue Southeast, under Alternative C, is at least $1.6 Million. Under Alternatives B and D, further improvements would be required. ► Install a traffic signal system at the intersection of 104th Avenue Southeast/ Southeast 244th Street. Signal Costs $180,000. Under Alternative D, Southeast 244th Street would likely need to be improved between 104th Avenue S.E. and the approximate alignment of 102nd Place S.E. There are some very serious concerns about the potential requirement to install traffic signals at either of these two locations [ 98th Avenue South/James Street and Southeast 244th Street/ 104th Avenue Southeast ]. First, it is our opinion that this will encourage the diversion of through traffic into the neighborhoods, as drivers attempt to avoid the wait through multiple signal timing 7 cycles. Second, the vertical alignment of James Street, west of 98th Avenue, is such that there is a significantly increased probability of rear-end-type accidents for eastbound traffic. Lastly, there is the attendant construction and right-of-way acquisition costs to widen James Street to provide a left-turn pocket to avoid the long traffic delays, and increased number of rear-end-type accidents which would be created by a signalization of the existing roadway configuration. The associated cost to widen James Street/ Southeast 240th Street has not been precisely determined, but is preliminarily estimated at approximately $500,000 for construction, and another $200,000 to $300,000 for right-of-way acquisition. The total estimated cost to mitigate the closure scheme requested by the residents of the Canterbury/ Eastwood/ Canterbury Place neighborhood -- Alternative D -- is $2.6 Million. The estimated cost for Alternative B would be $2.3 Million. The estimated cost to the City and/or the nearby property owners for Alternative A--the present roadway system plan -- is $0. We would note that these estimates do not include the costs that would be a condition of subdivision approval, and paid for by the property's developer. The construction the various new roadway segments -- Southeast 244th Street, between 98th Avenue and 100th Avenue Southeast, in Alternatives B and C, for example; the construction of the cul-de-sac turnarounds on 100th Avenue Southeast in Alternatives C and D, for another example -- would be required at the time of subdivision of the adjacent properties. The cost, again, would be paid for by the subdivider -- and thence, transferred to the purchasers of these new homes through higher home prices. There are no outside -- State or Federal -- funding sources available for this improvement. The entire financial burden, therefore, would have to borne by the City and/or the property owners south of James Street/ Southeast 240th Street . In summary, the impacts of the various Alternatives are as follows: Alternative 'A': Minor increases of traffic volumes along 98th Avenue South, but well within the design capacity for its classification. May require widening. Significant increases along 100th Avenue Southeast, but well within the design capacity for its classification. Requires construction of the planned-for segment between Southeast 244th Street and the 24200 block. 8 Minor increases of traffic volumes on South 242nd Street, but well within the design capacity for its classification and state of improvement. Minor increases of traffic volumes on 94th Avenue South, well within the design capacity for its classification. But this continues the current situation of traffic volumes exceeding the design capacity for the roadway's current state of improvement. Alternative 'B': Requires construction of the extension of 100th Avenue Southeast south, and west along the alignment of Southeast 244th Street, to 98th Avenue South [ subdivision improvement ]. Also requires the installation of traffic signalization systems at 98th Avenue/ James Street and Southeast 244th/ Benson. Significant increases of traffic volumes along 98th Avenue South but well within the design capacity for its classification, although not for its current state of improvement. Requires widening of the roadway. Negligible increases along 100th Avenue Southeast, but well within the design capacity for its classification. Minor increases of traffic volumes on South 242nd Street, but within the design capacity for its classification and state of improvement. May require improvements at the intersection of South 242nd Street/ 94th Avenue South. Minor increases of traffic volumes on 94th Avenue South, well within the design capacity for its classification, but continuing the current situation of traffic volumes exceeding the design capacity for its current state of improvement. Minor increase of traffic volumes on Southeast 246th Street, between 98th Avenue South and 100th Avenue Southeast. Alternative 'C': Requires construction of the extension of Southeast 244th Street westerly to 98th Avenue South, and also cul-de-sac 'turnarounds' on 100th Avenue Southeast [ subdivision improvement ]. Significant increases of traffic volumes along 98th Avenue South but within the design capacity for its classification, although not for its current state of improvement. Requires widening of the roadway. Substantial increases of traffic volumes along 100th Avenue Southeast, but well within the design capacity for its classification and current state of improvement. 9 Minor increases of traffic volumes on South 242nd Street, but within the design capacity for its classification and state of improvement. May require improvements at the intersection of South 242nd Street/ 94th Avenue South. Minor increases of traffic volumes on 94th Avenue South, well within the design capacity for its classification, but continuing the current situation of traffic volumes exceeding the design capacity for its current state of improvement. May require improvements at the intersection of South 248th Street/ 94th Avenue South. Minor increase of traffic volumes on Southeast 246th Street, between 98th Avenue South and 100th Avenue Southeast. Alternative 'D' [ requested by Canterbury/ Eastwood residents ]: Requires improvements noted above, including signal systems at 98th/James and 244th/ Benson. Also requires construction of the cul-de-sac 'turnarounds' on 100th Avenue Southeast, and the widening of Southeast 244th Street east of the Top of the Hill plat [ subdivision improvement ]. Significant increases of traffic volumes along 98th Avenue South exceeding the design capacity for its current state of improvement and its classification. Requires widening of the roadway. Minor increases of traffic volumes along 100th Avenue Southeast, though well within the capacity for its current state of improvement and classification Minor increases of traffic volumes on South 242nd Street, but near the design capacity for its classification and state of improvement. May require improvements at the intersection of South 242nd Street/ 94th Avenue South. Minor increases of traffic volumes on 94th Avenue South, exceeding the design capacity for its classification, and continuing the current situation of traffic volumes exceeding the design capacity for its current state of improvement. May require improvements at the intersection of South 248th Street/ 94th Avenue South. Significant increase of traffic volumes on Southeast 246th Street, between 98th Avenue South and 100th Avenue Southeast. Volumes would be remain within the capacity for its current state of improvement and classification. 10 PUBLIC WORKS COMMITTEE OCTOBER 23, 1995 PRESENT: Paul Mann Tom Brubaker Tim Clark Gary Gill Don Wickstrom Ed White Neighborhood Representatives along I00th &z 244th ABSENT: Jim Bennett Neighborhood Traffic Concerns - 100th Ave &z 244th St Wickstrom stated that this item has been brought back to Committee from the June 26th meeting. He stated that the issue is - the neighborhood became concerned when they noticed that construction activity had begun on S. 244th & 100th Ave per the development of the Top of the Hill plat. The community believed that both roads would be opened and with that, there would be a significant traffic impact. Since the June 26th meeting, 244th is now opened; Top of the Hill has completed their improvements but have not finalized their plat. Wickstrom said that 100th Ave was going to be a gravel trail from 244th to East Hill Elementary School to allow a walking area for school children. He further stated that staff has conducted traffic studies since 244th has been opened; our traffic analysts took a one-week count and over that period of time, they counted a total of 1700 vehicles using 100th Ave. which equates to 243 vehicles per day. Of those 1700 vehicles, they observed 4 vehicles traveling over 35 mph. which is the lowest speed the police will site vehicles. Wickstrom said this area is high density, single family residential with high density being 5,000 sq ft lots which is what it is ultimately zoned for. Top of the Hill went thru a rezone and that plat is 5,000 sq ft lots. 100th Ave was tied between 240th and 248th Streets and was designed as a residential collector arterial, tying 240th to 248th together, primarily servicing just the neighborhood in the area. When you speak of ultimate development, with that kind of zoning they will be needing other roads of access out of the area. Wickstrom further explained that with those traffic counts, we looked at our adopted Neighborhood Traffic Control Plan to see how that criteria would fit with respect to 1 what we could do under those criterias to help resolve the problem. Under that Plan, they did not even meet some of the basic criteria. He stated that under our program, there needs to be at least 300 vehicles per day on the street, and this is not met in this instance. The 85 percentile speed must be greater than 35 mph and this also is not met. There are also threshold levels which we did not have. There are site distances and horizontal problems (i.e. physical barriers) to control traffic and closing off 244th would essentially be construed as a physical barrier. If 244th were to be closed in this neighborhood, than the criteria that has been established under the Neighborhood Traffic Control Plan should be met. Wickstrom said that's what we looked at. We looked at additional signing and there was one point in the vicinity of 244th at l 00th where additional speed signs could be installed. Basically, because of.the need for these roads, due to the high density zoning, Public Works does not support closing off 244th. We recommend installing additional speed limit signs; we also recommend that.once Top of the Hill is developed with additional homes, take another traffic study to see if it meets the minimum criteria so some action could be taken such as "chockers". This means narrowing the road down to a minimum of two lanes access. That would take curb, gutter and certain types of improvements. Wickstrom said that Public Works also recommends that future developments on either 100th or 244th be conditioned to build these "chockers" where they meet the horizontal and vertical alignment - where there are no site distance problems and where no safety issues exists. Wickstrom stated that this is our recommendation on the issue. In response to Mann, Wickstrom said that the "action" on this item would be if you open up 100th Ave, we get the comments in and either defer this to another Committee meeting after the neighborhood comments are heard and again review the whole thing. Wickstrom said that after the citizens give their input, if there is something ne%v that comes up that we should be addressing which could change our recommendation, we would want the opportunity to review their input and possibly change the recommendation. At this time Mann opened the discussion up to the citizens in the audience. Vonda Finseth 10006 SE 244th Court asked if we had a copy of the original petition. She stated that the petition shows there are 55 children in the neighborhood. She did not agree with the recommendation of waiting until there is future developmeent before 244th is closed. She asked when the traffic control minimum requirements were set and is there a possibility in having those re-addressed. She felt that 300 vehicles per day were high. Ed White responded noting that our normal criteria for residential streets is 1,000 vehicles per day. He went on to explain the procedures on taking the traffic counts. White stated that with the traffic counters laid out on the street, we do not have 2 the ability to determine whether the traffic is "neighborhood" traffic or "thru" traffic and we can only surmise that the majority is local neighborhood traffic. He said that 300 cars is a very, very small number. Dennis Ryerson of 10012 SE 244th Ct. stated that he has not yet heard one reason why 244th should go thru. He said that it was unanimous in two different petitions that no one wanted this. Wickstrom responded by saying when we look at streets we have to plan for the long term - we are talking about full build-out of the city; in order to meet the Growth Management Act and that's what we use in planning streets. For a high density single family lot we need to service the area. Before 244th was opened, you were in a long cul-de-sac which has problems in itself - it exceeds the length beyond our standard length (600 feet) for a cul-de-sac. In response to Ryerson, Wickstrom stated that the neighborhood would benefit by opening 244th from better access, as well as better emergency access. Ryerson stated that they are 100% satisfied with the present access. Wickstrom stated that there are several undeveloped properties adjacent to this street. You may be satisfied today but when they develop you may not be satisfied because the neighborhood will be cluttered with vehicles. Wickstrom stated that we do have to plan for roads to service an area especially when high density zoning is added. Rob Dempsey 10021 SE 245th PI stated that reference is being made to the 'overall plan" which could be the root of all this and, is there a way to get that plan changed? Wickstrom said that the overall plan is the Growth Management Plan which can be changed once a year and has just been adopted. It would address 100th Ave because 100th is in the Transportation Plan which is a part of the Growth Management Plan that Council has adopted. It is part of the road system that was developed to address our concurrency issues related in the Transportation Plan. 244th is the local access street simply being opened as part of the normal process of development of the area. The Committee heard additional comments from other neighborhood residents all.in opposition of opening 100th Ave and 244th Street. Mann explained that as a Committee, they do listen to the citizen concerns and if they feel that those concerns are good for the city as a whole, then the Committee will take action. He noted that the next step is for the Council members to consider what has been said at this meeting and then if we feel that the right thing to do would be to shut down 244th or install a barrier so that emergency vehicles could still get thru, or put speed humps on 100th Ave., we will take action. Clark stated that at the Council meeting he heard the Mayor very specifically state, they 3 would not run 100th Ave directly thru. That would be restricted in terms of dealing with fire and emergency vehicle service. Clark also said that the Growth Management Act is binding and it basically says that we need to plan for the future; we have to deal with the growth and there has to be a certain level of service to accommodate those people. In other words, the new people coining in also have rights just as your property carries a certain amount of rights to it. The fact is there will be greater density and there is absolutely nothin we can do about that. Clark said that there is a tendency to tie 244th and 100th and treat them as if they are identical issues when in fact they are not. Clark said that right now 244th is connected. He asked Wicicstrom what the status is of housing in the Top of the Hill development. Wickstrom said they haven't, final-platted yet but that is coming up at the next Council meeting for final approval which essentially complies with the conditions established in 1994 and 1995 when they rezoned and platted. Clark said that within the framework of that final plat, are the roads already set? Wicicstrom said that the roads they built were strictly the roads that were conditioned. They built the roads as part of the plat and that is how 244th St. was opened. Clark asked, what are the potential number of residences that will feed out onto 244th? Wickstrom said that Canterbury can feed out that way and Top of the Hill will feed out onto 244th. If you close it, they will go out to 104th versus taking an alternate route thru 100th and Canterbury. Gill stated that was one of the considerations - trying to provide ingress and egress and not for all trips out onto an arterial street and thru intersections that are already at level of service at peak hours. Clark stated there was an agreement among councilmembers and somehow that agreement has not reached staff. He said that the point was, will 100th Ave be opened? Wicicstrom said that when a development comes in, we condition that development at that point in time. He stated that until we get a property developer coming to us, we do nothing. Clark noted that the original plan basically called for 100th Ave to actually be thru at one point, because there was to be an access road for emergency vehicles. Wickstrom said that was suppose to be a collector arterial. Gill said that is why Canterbury was developed the way it was. He said those lots were not allowed direct access onto 100th because 100th has always been planned as a collector arterial. Mann asked if we could place a barrier up that would be acceptable for emergency vehicles. John Bond noted that both Fire and Police Chiefs should concur on this. Clark stated that the one thing we can do right now is temporarily close 244th St. Eventually we need to deal with access in and out of Top of the Hill development and that is tied to the issue of 100th. Clark stated that we have no interest in turning 100th Ave into a straight "shot" arterial. However there are some other concerns tied to that and part of it is a piece of land not in the Top of the Hill development but immediately 4 adjacent to it. Clark said what we would like to do now is go back to staff, ask them to try and make that approach, at the very least, to make sure that 100th is not a straight "shot". We can temporarily close 244th but we cannot leave those people at risk. Clark moved to temporarily close S. 244th Street, that motion being contingent upon approval of Police and Fire for their respective roles in the community; that we come back and revisit this issue of access on S. 244th Street 18 months from this time and that directions are given to staff that 100th Ave. be so designed that it cannot be a direct access arterial thru and that other access routes tying Top of the Hill be provided in whatever plan is involved in that particular process. Mann seconded the MOTION. Discussion: Brubaker noted that the developer of Top of the Hill was not in attendance and we don't know if 18 months is an appropriate time frame. Committee concurred with the motion. PUBLIC WORKS COMMITTEE DECEMBER 14, 1995 PRESENT: Paul Mann Don Wickstrom Tim Clark Gary Gill Jim Bennett Tom Brubaker I OOTH AVENUE NEIGHBORHOOD TRAFFIC CONCERNS Wickstrom opened the meeting explaining the history of this issue beginning with the petitions the City had received several months ago requesting the closure of S. 244th which was built in conjunction with the development of"Top of the Hill" and the "non- opening" of 100th Ave. near the East Hill Elementary School. He noted that the City has received another petition from the residents on 94th Ave asking for the reverse effect; that I OOth Ave should be opened in the future. Wickstrom explained that 100th Ave has been on our long term Comprehensive Plan as a collector arterial tying 244th - to IOOth. However, 100th Avenue would only be opened at the time of property development adjacent to IOOth Avenue and would be made as a condition of such development He said that we had a meeting in June with no action at that time - it was deferred to another meeting however,we did not get back to this issue until October due to Councilmember and staff vacation schedules. At the October 23rd Public Works meeting, the action from the Committee was to temporarily close 244th for a period of up to 18 months. This was a temporary action. After that meeting, there were concerns from property owners not receiving adequate notice to give their input. Wicicstrom said that after that meeting, staff did an extensive traffic analysis to determine the impact on closing both 244th and IOOth because they affect the entire neighborhood community as far down as 94th Ave. Kristen Langley gave an in-depth explanation of the traffic flow throughout the neighborhood and explained how the level of service is designated. In response to Mann, Wickstrom explained that the last Committee action was a recommendation to temporarily close S. 244th for a period of 18 months subject to concurrence by the Police and Fire Chiefs. At the Council meeting we asked if we could bring this issue back to another Conunittee meeting and, we were instructed to do I additional traffic studies to show what the impacts are. We found the impacts to be neighborhood wide - from 94th to 104th and from 248th to 240th. At the earlier meetings, the Eastwood and Canterbury plats were the only affected residents in attendance. Wickstrom stated that the temporary action can proceed at anytime. We are now looking at the long term action - what do we do at the end of 18 months? Continue with the closure, and what do we do about 100th Ave? That property may develop before the 18 months time-frame and we need a decision of how does that property develop in terms of the Council's concept. Police Chief Crawford stated that after looking at the traffic patterns he had a good argument for all 4 alternatives. He noted the excessive traffic counts in the streets. He stated that his department could police any of the areas as noted, but he said from his view, there can be an inequity if one part of the community is forced to have more traffic than another part. Fire Chief Angelo stated that the department's general concern is, the more restrictions that are placed on an access to an area the more difficult it is for fire personnel to get in and out in a timely fashion. He noted that the Fire Department solicits to keep access to areas open. He said that if 244th were to remain closed, someone should consider the possibility of signalization on the Benson Road. Pete Goforth, a resident in the Canterbury area, expressed concerns about safety. He noted that 244th is now opened without so much as a centerline painted down the street. Wickstrom noted that the lines can be painted; that's not the issue. Gill said that we had the contractor hold off on doing the striping because we knew there was a possibility that the road might be closed. He said that the developer is required to put the striping in. However, because this issue has not been resolved as to what the ultimate configuration was, we did not want to require Mr. Goodwin (Top of The Hill developer) to spend additional money unnecessarily. At this time Langley explained in detail the four alternatives offered to satisfy the needs of the neighborhood community. At the end of Langley's presentation, there were questions and comments from the audience. The general consensus of opinion from the residents in attendance, was that Alternate "A", the opening of 100th Avenue, was the most suitable to meet everyone's needs. However, they did stress that traffic restrictions of some sort should be implemented; i.e., speed bumps, chokers or some device to keep the speed down. Mann closed the public hearing portion of the meeting. 2 Committee unanimously recommended Alternative "A" with certain conditions. Committee's amendment to the recommended motion was that the City guarantee to have either chokers or turn-arounds or something to prevent 100th Ave from becoming a full-fledged arterial. Bennett stated that he will work with the neighbors on 98th Avenue to work toward resolving the traffic problems in terms of improvements on 98th. Meeting adjourned: 7:00 p.m. 3 DECEMBER 14, 1995 PUBLIC WORKS COMMITTEE MEETING EAST HILL ELEMENTARY SCHOOL NAIVE ADDRESS PHONE Ed Angevine 24411 98th Avenue So 630-3777 Joel Haggard 1200 IBM Bldg., Seattle 682-5635 Bonnie Colton Kent School Transportation 813-7442 Don Walkup Kent School Transportation 813-7442 Robert Nesbitt 9648 S. 241st 631-7436 Art Fluke 24635 104th Ave SE 852-0667 Todd & Mindi Mattson 9836 S. 245th PI 852-2315 Vern Birkel 10206 SE 244th 852-2376 Pete Goforth 9825 S. 246th St 852-6919 Wilbur Repp 10936 SE 235th PI 852-6213 Gary Brooks 24629 98th Ave So. 852-3919 Jesus Enviquez 24020 96th Ave So Annett Noyce 9820 S. 245th Pl 859-5075 Don Carrico 10204 SE 248tyh St 859-8910 Trent Spurgeon 10023 SE 246th PI 854-4825 Patty& Chris Dunmire 24021 96th Ave S 854-1281 Brenda Ackerson 10036 SE 238th St. 850-0985 Bill Ruth 12410 SE 248th 852-4682 Debra Jones 10027 SE 247th Pl. 854-6156 James Thomas 824-3372 Jeffrey Kephart 9919 S 246th PI 852-9459 Gregory Wills 10050 SE 244th St 820-0337 E. H. Larcom 10057 SE 244th St 852-0772 Steve & Cathy Wilson 10021 SE 247th PI 852-9248 Rob Dempsey 10021 SE 246th PI 854-9957 Bernie Reichlin 9425 So 247th 854-2594 Sally & Kathleen Nelson 430 Summit 852-8943 Ann Eggers 9627 S. 243rd St 852-8031 Mary Grab 9912 S. 244th PI 643-8052 Steve & Cathy Wilson 21007 SE 247th PI 852-9248 Elizabeth Law 10012 SE 247th PI 850-0105 Mary Louise Raspet 9623 S. 248th #E2 852-7244 Jim&Becky Schmidt 10019 SE 246th Pl 813-1961 John Talbot 10008 SE 245th PI 854-5622 Walt Seifried Kent School District 813-7539 William & Shirley Riechers 9635 S. 243rd St 852-8801 Kenneth Jones 10027 SE 247th PI 854-6156 Mark Curran 24316 94th Ave S 852-2537 - Jerry Prouty 27608 114th Ave SE 852-4682 J R M E S §T � IT - - -- ------ -----_-, ; . S E 2 4 0 T H S T ------- -I---- t I'� r' 1 rl EXISTING PROPERTY LINE ._r --POTENTIAL. SUBDIVISION li '1 ALTERNATIVE 'AI I ----------POTENTIAL NEW ROADWAY N r r 1 . 3V I SEII 242N!D PUJ L'� fl -=-__ ----------- r P L ; S 242ND_ CT ;I ( a` h ;I -- - -- -- SE I24__2 ST, I ;• ---fS 243FiD STI �i :<� I _ /--- , `_, ��"^ ___, , ow II n r .. I r 1 Q1, 11 r 1, I r� r r -- -- -= ----- t`I I r SE------ rl 45 H 7 3 / E S_ 5 r r '-------24 -TH PL w -- i :-----I 1 EfI _ r r r ---- ------ u r 11 I I'4ii. 45TH\ PL O S 246TH �PL -E I, I____________________________� 150 - ----'- �y; ' --- -.fy �" .a 'i" I w r 246TH P/L' r of { E i J 2477H�l �47TH �CT I'�' �I �`; ;SEl 248TH STi' 'I i(J3 Kent City Council Meeting Date January 2 , 1996 Category Consent Calendar 1. SUBJECT: House Demolition Project 2. SWMARY STATEMENT: Accept as complete the demolition of the Parks Department house at 8121 South 259th, and release retainage to RJC Inc. upon receipt of state releases. 3 . EXHIBITS: None. 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: - Council Agenda Item No. 3D 7u� Kent City Council Meeting Date January 2 . 1996 Category Consent Calendar 1. SUBJECT: Driving Range Roof Extension Project 2 . SUMMARY STATEMENT: Accept as complete, the Driving Range Roof Extension Project at the Riverbend Golf Complex, and release retainage to Golf Landscaping upon receipt of state releases. 3 . EXHIBITS: None. 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E TO5 Kent City Council Meeting Date January 2 . 1996 Category Other Business 1. SUBJECT: Glen Kara Preliminary Plat SU-95-3 2 . SUMMARY STATEMENT: This date has been set to consider the Hearing Examiner's recommendation for conditional approval of an application by Lakeridge Development, Inc. for a 34-lot single family residential preliminary subdivision. The property is located west of 100th Avenue S. and north of S. 222nd Street. r r 3 . EXHIBITS: Staff report, Findings and recommendations, and preliminary plat map. 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEU IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember titi moves, Councilmember /�f `� ` seconds to accept;0WI the findings of the Hearing Examiner and to adopt S4t6* the Hearing Examiner's recommendation of approval with twenty-one (21) conditions of the 34-lot single family residential preliminary subdivision. �'L L• DISCUSSION: ACTION: Council Agenda Item No. 4A CITY OF J_O\Lt!) - vsi�� Jim White, Mayor CITY OF KENT OFFICE OF THE LAND USE HEARING EXAMINER (206) 859-3390 Theodore P. Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: GLEN KARA SUBDIVISION #SU-95-3 APPLICANT: LAKERIDGE DEVELOPMENT, INC. REQUEST: A request to subdivide 9.0 acres into 34 residential lots. LOCATION: The subject property is located west of 100th Avenue S. and north of S. 222nd Street. APPLICATION FILED: August 17, 1995 DETERMINATION OF NONSIGNIFICANCE ISSUED: July 31 , 1995 MEETING DATE: October 18, 1995 November 1 , 1995 RECOMMENDATION ISSUED: November 16, 1996 RECOMMENDATION: APPROVAL STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Bill Wolinski, Public Works Department Gary Gill, Public Works Department Bob Hutchinson, Development Services PUBLIC TESTIMONY: David Casey, representing applicant Wayne Jones, representing applicant Others Bhrett Monroe Jeff Vigna Charles Couvrette 1 220 Jth AVE.SO.. /KENT.WASHINGTON 98032-5895/TELEPHONE (106)859-3300/FAX N 959-3334 Hearing Examiner Findings Glen Kara #SU-95-3 WRITTEN TESTIMONY: None EXHIBITS: 1) Hearing Examiner file (DNS, Public Notice, Staff Report) 2) Mitigated Determination of Nonsignificance 3) Letter from David Casey to Gary Gill, dated October 12, 1995 4) Water Well Impact Report prepared by Nelson- Couvrette & Associates dated 10/31/95 INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. FINDINGS 1 . The owner of the property proposed for subdivision Lakeridge Development, Inc. of Renton, Washington. Exhibit 1, Application. The applicant was represented at the public hearing by Mr. David Casey, agent, and Mr. Charles Couvrette, P.E. 2. The property proposed for subdivision is located west of 100 Avenue South and north of South 222nd Street on Kent's East Hill. Exhibit 1, Staff Report. 3. The property is 9.0 acres. The applicant proposes thirty four single family lots with the smallest lot of 7,200 square feet. The applicant submitted a site plan dated June 21 , 1995, that shows all lots in conformance with minimum lot size requirements. Exhibit 1, Site Plan. 4. The property is zoned R1-7.2, Single Family Residential with a 7,200 square foot minimum lot size. The Comprehensive Plan Land Use Map designates the property as SF 6, Single Family Residential with six dwelling units per acre. Exhibit 1, Staff Report. 5. Land use all around the property proposed for subdivision is single family residential. There are two abandoned houses now existing on the subject 2 Hearing Examiner Findings Glen Kara #S U-95-3 property. These residences will be removed under the proposed plan. Exhibit 1, Staff Report. 6. There are several significant trees of 6-inch caliper or greater on the property. Many of these trees can be preserved to enhance the aesthetic value of the area as well as help control stormwater runoff and water quality. A tree retention plan has not yet been submitted to the City. Exhibit 1, Staff Report. 7. There are some wetlands on the site. A wetland assessment and conceptual mitigation plan has been prepared. The plan provides the information the city needs to mitigate impacts to these wetlands. Exhibit 1, Staff Report, Wetland Assessment Plan prepared by Jeffery S. Jones (Attached in Exhibit 1, Staff File); Testimony of Mr. Wolinski on behalf of City. 8. Several wells exist around the site. Some users of these wells that are neighbors to the site proposed for development expressed concern about the impact of the development on the existing wells. Testimony of Mr. Monroe and Mr. Vigna. A detailed well map was prepared and submitted by the applicant. An assessment of the impact of the development on the wells nearby was also prepared and submitted by the applicant. The report concludes that the wells would not be impacted by the proposed development as the wells are located up-gradient from the proposed development. However, the report does recommend that all sanitary sewers be located a minimum of 100 feet from existing wells and that any groundwater encountered during site development be filtered and prevented from polluting the well recharge area. Exhibit 4, Water Well Impact Report, pages 5 -6. 9. The site would be accessed off of S. 222nd Street (a Residential Street) and 100th Avenue South (classified as Residential Collector Arterial) that both carry less than 1 ,000 vehicle trips per day. The traffic impacts from the proposed development would be 33 PM Peak Hour trips per day. Exhibit 2, MDNS. This increase in number of vehicles will contribute to the congestion of surrounding streets if no improvements are made to those streets. Improvements should include street widening, lighting, drainage and walkways. A bicycle lane is also important to help reduce the number of motor vehicles associated with development of the subject property. The applicant has agreed to mitigate traffic impacts associated with the proposed development. Testimony of Mr. David Casey, Exhibit 2, MDNS (There was no appeal of this). 10. The City of Kent water system and sanitary sewer system can be extended to each lot. Stormwater mitigation measures were applied as conditions to the 3 Hearing Examiner Findings Glen Kara #SU-95-3 issuance of the Mitigated Determination of Nonsignificance. These mitigation measures have been agreed to by the applicant and will address stormwater quantity and quality issues. Testimony of Mr. David Casey; Exhibit 2, MDNS (There was no appeal of this). Because the Monroe/Vigna well is located within 100 feet of the street right-of-way, careful monitoring of activity in the street right-of-way will be necessary to ensure no contamination of that well occurs as a consequence of that activity. Testimony of Mr. Gary Gill, Exhibit 4. 1 1 . The environmental review for this application resulted in a conclusion by the City's Responsible Official that the project has no probable significant adverse impacts on the environment that cannot be mitigated. A final Mitigated Determination of Nonsignificance (MDNS) was issued for the proposed subdivision on July 31 , 1995 pursuant to the State Environmental Policy Act. It was not appealed by the applicant or any citizen. The conditions of mitigation address several areas of environmental concern including traffic impacts, stormwater detention facilities, mitigation of impacts to wetland areas and dedication of land for utilities and streets. Exhibit 2, MDNS. 12. Public notice of this application was given by posting, publication and mailing. Exhibit 1, Affidavits of Harris and Holden. 13. (a.) At the public hearing on October 18, the Planning Department recommended approval of this application subject to specific conditions. The applicant requested revisions to some of the recommended conditions to allow for increased flexibility in meeting the conditions. Exhibit 3. The City agreed that the requested changes to the recommendations would adhere to the intent of the staff when drafting the recommendations. Testimony of Mr. Satterstrom. Two citizens who live near the proposed subdivision expressed concerns about the surface water runoff created by the development, especially at it might impact existing wells in the area, and asked that the proposal be further conditioned to allow some compensation if wells became contaminated. Testimony of Mr. Monroe and Mr. Vigna. The applicant agreed to continue the hearing until November 1 in order to provide additional information about the wells to address the issues raised at the October 18 public hearing. (b.) At the November 1 public hearing, the applicant presented a Water Well Impact Report with a map showing the location of wells around the site proposed for development. Exhibit 4. Mr. Monroe testified that the report addressed most of his concerns but requested additional time to allow Mr. Vigna to review the report as he was not in attendance at the public hearing. With the consent of the applicant and the city, the Hearings Examiner stated that 4 Hearing Examiner Findings Glen Kara #SU-95-3 Mr. Vigna could submit comments in writing to the Hearings Examiner. No comments were received. CONCLUSIONS 1 . The Hearing Examiner has jurisdiction to hold a public hearing on this application; to consider all evidence presented at the public hearing; and, based on that evidence, to present a recommendation to the City Council to approve, disapprove or approve with conditions the preliminary plat application. KCC 12.04.360, KCC 2.32.090. 2. Notice of the public hearing on this application was properly given in accordance with applicable state statutes and city ordinances including Chapter 58.17 RCW and KCC 12.04.360. Finding of Fact No. 12. 3. The recommendation of the Hearing Examiner must be supported by the evidence presented, as stated in the Findings of Fact of this recommendation, and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW). These review criteria include: (a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations is to: provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be ensured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; and that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plans shall be ensured. (b) KCC 12.04.330 which specifies eight requirements that must be shown on the preliminary plat map including appropriate names and dates, proposed 5 Hearing Examiner Findings Glen Kara #SU-95-3 platted property lines, contours and elevations, proposed public service areas, square footage calculations for developed and open space, dimensions of each lot, statements of soil type and drainage conditions, a description of existing land cover, and a description of wildlife present. (c) KCC 12.04.370 which requires a written statement from the Seattle-King County health department as to the general adequacy of the proposed means of sewage disposal and water supply. (d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental amenities so that urban development may be as compatible as possible with the ecological balance of the area including preservation of drainage patterns, protection of ground water supply, prevention of erosion and preservation of trees and natural vegetation. (e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper drainage plan and a proper water distribution system. (f) KCC 12.04.450 which requires due consideration to the allocation of public service usage areas and due regard for all natural features including large trees, water courses, historical spots and other community assets that would add attractiveness and value to the property. (g) KCC 12.04.490 which provides for mitigation of any adverse effects of development upon the existing park and recreational facilities in the City of Kent. (h) RCW 58.17.1 10 which requires an inquiry into the public use and interest proposed to be served by the subdivision and a determination "that appropriate provisions are made for public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school." 5. Based on the Findings of Fact specified above, and with the specific conditions recommended below, the Examiner concludes that this preliminary plat application is consistent with the standards and criteria of applicable state statutes and city ordinances and should be approved. Findings of Fact No. 3,4,5,7,8,9, 10, 1 1, 13. 6 Hearing Examiner Findings Glen Kara #SU-95-3 RECOMMENDATION The Hearing Examiner recommends that this preliminary plat application be APPROVED subject to the following conditions: A. PRIOR TO RECORDATION OF FINAL PLAT 1 . The subdivider shall dedicate sufficient right-of-way, across the entire property frontage on 100th Avenue Southeast, for the widening of 100th Avenue Southeast to City Standards for a Residential Collector street, augmented with bicycle lanes, for a total half-street right-of-way width of 31 .5 feet. This deed of right-of-way shall be provided based upon a survey to be performed by a licensed land surveyor of the subject property, 100th Avenue Southeast, and South 222nd Street, and shall clearly delineate the existing public right-of-way, curb lines, and public improvements on 100th Avenue Southeast, and South 222nd Street, and the additional right-of-way needed to widen 100th Avenue Southeast, and South 222nd Street as noted. This dedication of right-of-way shall include all property necessary to construct a 35-foot radius curb returns, with five [ 5 ]-foot wide sidewalks and utility strips, at all intersections of the plat streets and 100th Avenue Southeast, and South 222nd Street. 2. The subdivider shall waive abutter's access rights across the entire subdivision frontage of both 100th Avenue Southeast and South 222nd Street. This access restriction condition shall be clearly stated and shown on the face of the final map. 3. The subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: a) Provide a gravity sanitary sewer system to serve all lots. The sewer system shall be extended to 100th Avenue Southeast and northerly along the entire frontage thereon, and shall be sized to serve all off-site properties within the same service area. b) Provide a water system meeting domestic and fire flow requirements for all lots. Water service to the subject property will 7 Hearing Examiner Findings Glen Kara #SU-95-3 be provided by the Soos Creek Water District. Contact the district for details on necessary improvements. c) Provide storm drainage system meeting the Kent Standards for conveyance, detention, water quality treatment, etc. The minimum detention standard to be met for this project shall be that for Hillside development. d) A 32-foot wide paved roadway for all of the interior streets: 99th Avenue South, South 220th Street, and 98th Avenue South; concrete curbs and gutters; five[ 5 ]-foot wide concrete sidewalks along both sides of these streets; street lighting; drainage facilities; street channelization; utilities and appurtenances, and cul-de-sac turnaround on 99th Avenue South, per City Standards. This shall include a minimum 49-foot right-of-way along the roadway, a minimum 51 .5-foot right-of-way radius [45-foot at curb line] in the cul-de-sac turnaround, and 25-foot radii curb returns at internal street intersections. e) A half street widening/improvement of South 222nd Street across the entire subdivision frontage. The paved half street roadway width shall be 16 feet from centerline to face of curb and shall also include street lighting; sidewalks; drainage facilities; street channelization; utilities and appurtenances. These improvements shall also include sufficient pavement to provide a 12-foot wide eastbound lane on the southerly side of the roadway centerline across the entire frontage of the subdivision; and necessary pavement transitions to the existing roadway pavement to the west of the subdivision. In addition, the subdivider shall install "No Parking" signs across the entire subdivision frontage on South 222nd Street. Finally, these improvements shall include a overlay of the existing roadway pavement, as necessary, to provide a 2 percent crown across the pavement; and, as necessary to meet City Standards for roadway pavement section for a Residential Street. f) A half street widening/reconstruction of 100th Avenue Southeast across the entire subdivision frontage to City standards for a 8 Hearing Examiner Findings Glen Kara - #SU-95-3 Residential Collector Street augmented with bicycle lanes. The paved half-street roadway width shall be 23 feet from centerline to face of curb and shall also include street lighting; sidewalks; drainage facilities; channelization; utilities and appurtenances as well as a 35 foot radius curb return at the intersections with South 222nd Street and South 220th Street. The owner/developer shall also improve the easterly half of 100th Avenue Southeast to provide a 12-foot wide northbound lane on the easterly side of the roadway centerline across the entire frontage of the subdivision. These improvements shall include necessary pavement transitions to the existing portion of 100th Avenue Southeast to the north and south of the subdivision. The roadway improvements shall meet city standards for pavement section design, and shall provide a 2 percent crown slope. The owner/developer's engineer shall perform an evaluation of the existing roadway pavement, and design an asphalt concrete overlay of the existing pavement per City of Kent Construction Standards. The minimum overlay shall be 2 inches. Based on this evaluation, and the review and approval of the City, the owner/developer shall either reconstruct or overlay the east side of 100th Avenue S. At the southwesterly corner of the intersection of 100th Avenue Southeast and South 222nd Street, the subdivider shall construct a minimum 25-foot radius pavement edge connecting 100th Avenue Southeast and South 222nd Street, on the southwesterly quadrant of the intersection. g) Widen and improve the easterly shoulder of 100th Avenue Southeast from South 222nd Street to the Countryview Estates subdivision (SE 225th Place) with an asphaltic concrete pedestrian walkway -- minimum pavement depth of two [21 -inches of asphaltic concrete, and a minimum five [51-foot width. Incorporate drainage improvements as necessary. 4. If any wetland impacts are proposed, a wetland mitigation plan shall be submitted to Kent Public Works for review and approval prior to recordation of final plat. The wetland boundary delineation for the site has been reviewed and approved, but the conceptual mitigation plan that is contained within the delineation report is unacceptable. The 9 Hearing Examiner Findings Glen Kara #SU-95-3 conceptual plan does not address avoiding or minimizing impacts to wetland 1 by analyzing alternatives that would avoid the impact, as stated in KCC 11 .05.120, 2b. The avoidance of wetland impacts shall be pursued to the maximum extent. 5. The approved wetland boundaries need to be surveyed and marked with permanent monuments. The survey shall be completed using City of Kent coordinates and the surveyor shall provide the City a copy of the final survey map on 3.5 inch diskette in DXF format. Four copies of the full size (22 inch by 34 inch) wetland map prepared to scale by a licensed professional surveyor which shows the wetland boundary, the approved wetland buffers, and the areas of each are required. These maps will be attached to the copies of the report we have on file. 6. The entire approved and preserved wetland(s) and it's buffer(s) shall be permanently protected as a separate sensitive area tract in accordance with the Kent Wetland Management Code. The proposed lot #33 is inconsistent with this condition. The buffer areas shall be isolated from intrusion and/or disturbance using landscaping, signage and/or other appropriate screens, as well as an approved fence. 7. The subdivider shall execute stormwater maintenance covenants prepared by the City of Kent Property Management Section for the entire parcel before the issuance of any construction permits. 8. The subdivider shall conduct a detailed storm drainage analysis upstream of the subject drainage basin, downstream to Garrison Creek. Based upon this analysis and previous modelling work by the City of Kent, the City will review the recommendations of the subdivider's professional engineer to determine what off-site downstream improvements are necessary, and/or what additional detention is required to not adversely impact downstream properties. The drainage improvements shall be adequate to convey the most critical design storm (up to a 100-year event) as determined by the Public Works Director. 9. Any drainage systems that releases stormwater down the slope toward Garrison Creek shall be tight-lined to protect the slope surface. Appropriate erosion control measures, as determined by the City Engineer, shall be used. The existing conveyance and outfall installed as part of the Willow Way project will be determined by the City Engineer to be adequate to convey potential stormwater. 10 Hearing Examiner Findings Glen Kara #SU-95-3 10. All roof-drains from properties along the westerly edge of the plat shall be intercepted and either: 1 . piped into the storm drainage system; 1 . directed to lot filtration systems; or 3. discharged to the wetland area to provide compensating hydrology. 11 . The subdivider/developer shall submit a detailed tree plan which shows the location of all significant trees of six inch caliper or greater. This plan shall be submitted and approved by the Planning Department prior to any construction activity taking place on-site for road or utility grading purposes. 12. The subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section B and provide all public and private easements necessary for the construction, operation and maintenance of the required improvements identified in Section B, above. 13. The map of well locations provided in Exhibit 4, Figure 2, shall become part of the preliminary plat map. The owner/developer shall comply with all public health regulations regarding private wells and shall implement all recommended measures identified in Exhibit 4 to insure that private water systems in the area are not adversely affected by the proposed development of the subject property. B. PRIOR TO THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT: 1 . The subdivider shall construct the improvements noted in Section A. above. 2. Development on all lots shall protect solar access to properties to the north of each lot according to the calculations specified in Kent Zoning Code section 15.08.234. Dated this 16th day of November, 1995 THEODORE PAUL HUNTER Hearing Examiner 11 Hearing Examiner Findings Glen Kara #SU-95-3 APPEALS FROM HEARING EXAMINER DECISIONS. Request of Reconsideration Any aggrieved person may request a reconsideration of a decision by the Hearing Examiner if either (a) a specific error of fact, law, or judgment can be identified or (b) new evidence is available which was not available at the time of the hearing. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S., Kent, WA 98032. Reconsiderations are answered in writing by the Hearing Examiner. Notice of R_aht to Appeal The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new information cannot be raised on appeal. All relevant information and arguments should be presented at the public hearing before the City Council. There is no appeal of the Hearing Examiner's recommendation to the City Council. The City Council shall consider the recommendation at a regularly scheduled public meeting within 30 days. c:su953.fin 12 1 c-�� 1 CITY c 'Lt?�U - Jim White, Nf layor KENT PLANNING DEPARTMENT (206) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF OCTOBER 18, 1995 FILE NO: GLEN KARA SUBDIVISION #SU-95-3 APPLICANT: Lakeridge Development, Inc. P. O. Box 146 Renton, WA REQUEST: Preliminary plat request to subdivide 9.0 acres into 34 lots STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Manager STAFF RECOMMENDATION: APPROVAL with conditions I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to subdivide one tax parcel into 34 single family residential lots. The specific development application is for preliminary plat. B. Location The subject property is located west of 100th Avenue S. and north of S. 222nd Street on Kent's East Hill. C. Size of Property The proposed subdivision is approximately 9.0 acres in size. 1 Staff Report Glen Kara #SU-95-3 D. Zonin2 The subject property is zoned R1-7.2, Single Family Residential, with a 7200 square foot minimum lot size. Properties in the general vicinity of the site are zoned single family residential. E. Land Use The City of Kent Comprehensive Plan Map designates the property as SF6, Single Family Residential, with a six unit per acre maximum density. There is one existing residence in use located on the site. Two smaller, abandoned houses also are located on the site. Adjacent land uses are generally large-lot single family residential. A recently approved subdivision, the Willow Way plat, is presently being developed to the south of the subject site. F. Site History The subject property was annexed to the City in October 1994 as part of the Jones/Hobbs annexation. Initial City zoning was applied in May 1995. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A final Mitigated Determination of Nonsignificance (MDNS) for this preliminary plat was issued on July 31, 1995 (Planning Department File No. #ENV-95-43). A copy of the MDNS will be a part of the record for the preliminary plat. B. Significant Phvsical Features The subject property is characterized by sloping terrain. Slopes are generally less than 7 percent, with some areas (mostly on the west side) ranging up to 15 percent. The site is generally wooded with a variety of large evergreen and deciduous trees. The developer will have to submit a tree preservation/removal plan for Planning Department approval prior to development on any lot. 2 Staff Report Glen Kara #SU-95-3 There are also some wetlands on the site. According to wetland reports submitted by the applicant, one class 2 and one class 3 wetland are located on the west side of the site. C. Significant Social Features 1. Street Svstem The subject property has access to S. 222nd Street (classified as a Residential Street) and 100th Avenue S (classified as a Residential Collector Arterial). Both streets have a public right-of-way width of 60 feet while the width of paving is 22 feet. There are no curbs, gutters, or sidewalks on either street. A widening strip will be required to be deeded to the City on 100th Avenue S. but not on S. 222nd Street. The average daily traffic count on 100th Avenue and S. 222nd Street is less than 1000 vehicle trips per day. 2. Water Svstem The site is served by an 8-inch water main provided by the Soos Creek Water District. 3. Sanitary Sewer Svstem The site is served by an 8-inch sanitary sewer provided by the City of Kent. 4. Stormwater Svstem A stormwater system is necessary to accommodate new development. The developer is required to construct an aboveground stormwater treatment system in accordance with Kent Construction Standards as a condition of the MDNS. 5. Local Improvement Districts (LID's) None. 3 Staff Report Glen Kara #SU-95-3 III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Director of Operations City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Building Official City Clerk Kent School District King County Parks, Planning & Resource Department Soos Creek Water and Sewer District Puget Sound Power and Light Co. Seattle-King County Health Department Washington Natural Gas U.S. Postal Service In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. IV. PLANNING DEPARTMENT REVIEW A. COMPREHENSIVE PLAN The City of Kent has recently adopted a revised Comprehensive Plan pursuant to the Growth Management Act. The goals and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the potential annexation area. The Comprehensive Plan is used by the Mayor, City Council, Planning Commission, Hearing Examiner and City departments to guide decision-making relative to development and capital facility spending. The City of Kent Comprehensive Plan is made up of eleven elements which contain written goals and policies as well as a land use map. The Kent Comprehensive Land Use Map designates the subdivision site as SF-6, Single Family Residential, six units per acre maximum. 4 Staff Report Glen Kara #SU-95-3 LAND USE ELEMENT The Land Use element outlines the proposed general distribution and location of the various uses of the land within the planning area. The Land Use element is designed to guide where and when development occurs, as well as the character Of Kent's development pattern. Goals and policies which are relevant to the proposed plat include: Goal LU-1: Designate an urban growth area and Potential Annexation Area which will define the City's planning area and projected'city limits for the next 20 years. Policv LU 1.1: Provide enough land in the City's urban growth area to accommodate the level of household growth projected to occur in the next 20 years. Goal LU-8: The City of Kent adopts a 20 year housing target of 7500 new dwelling units within the existing city limits. Coordinate with King County through an interlocal agreement on housing targets in the unincorporated area within Kent's Potential Annexation Area. Policv LU 8-1: Provide in the land use plan adequate land'and densities to accommodate both city and county targets within the Potential Annexation Area. Average net residential densities throughout the PAA should be at least four units per acre in order to adequately support urban services. Planning Der)artment Comment: The proposed subdivision supports several goals and policies in the Land Use element. The proposed development is located near existing urban services and infrastructure. The City supports the development of close-in vacant or underutilized properties which limits further urban sprawl on the edges of the planning area. In addition, infill development provides a much more efficient means of providing services and enhancing pedestrian mobility. The overall density of this subdivision provides an acceptable level of net density to support urban services. In addition, one of the overall objectives of the comprehensive plan is to provide a wide variety of housing types and opportunities. to 5 Staff Report Glen Kara ##S U-95-3 accommodate projected population growth without converting single family land to multifamily. Development of single family subdivisions on vacant single family zoned land is consistent with this objective. B. STANDARDS FOR GRANTING SUBDIVISION APPROVAL The purpose of the City of Kent Subdivision Code is to provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, insuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; and that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be insured. C. FEASIBILITY OF DEVELOPMENT ON PROPOSED LOTS Development on all lots in the proposed subdivision will be subject to Zoning Code requirements for development in the R1-7.2, Single Family Residential, zoning district. All proposed lots meet minimum lot size and width requirements. Development on the proposed lots will have to meet solar setback requirements. The purpose of the solar access setback provision is to provide a reasonable amount of solar access to lots in the City so that the economic value of solar radiation falling on those properties will be preserved and the option to use solar energy will be encouraged. Any structures built on the lots in a single family residential lot must maintain solar access to the adjacent lots to the north. The site is heavily wooded and zoning standards encourage the retention of significant trees where roads, utilities, and site improvements are not proposed. Tree retention plans will be required for the plat and development of each lot. V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary subdivision, staff recommends APPROVAL of the proposed Glen Kara preliminary plat subject to the following conditions: 6 Staff Report - Glen Kara #SU-95-3 A. PRIOR TO RECORDATION OF FINAL PLAT 1. The subdivider shall dedicate sufficient right-of-way, across the entire property frontage on 100th Avenue Southeast, for the widening of 100th Avenue Southeast to City Standards for a Residential Collector street, augmented with bicycle lanes, for a total half-street right-of-way width of 31.5 feet. This deed of right-of-way shall be provided based upon a survey to be performed by a licensed land surveyor of the subject property, 100th Avenue Southeast, and South 222nd Street, and shall clearly delineate the existing public right-of-way, curb lines, and public improvements on 100th Avenue Southeast, and South 222nd Street, and the additional right-of-way needed to widen 100th Avenue Southeast, and South 222nd Street as noted. This dedication of right-of-way shall include all property necessary to construct a 35-foot radius curb returns, with five [ 5 ]-foot wide sidewalks and utility strips, at all intersections of the plat streets and 100th Avenue Southeast, and South 222nd Street. 2. The subdivider shall waive abutter's access rights across the entire subdivision frontage of both 100th Avenue Southeast and South 222nd Street. This access restriction condition shall be clearly stated and shown on the face of the final map. 3. The subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: a) Provide a gravity sanitary sewer system to serve all lots. The sewer system shall be extended to 100th Avenue Southeast and northerly along the entire frontage thereon, and shall be sized to serve all off-site properties within the same service area. b) Provide a water system meeting domestic and fire flow requirements for all lots. Water service to the subject property will be provided by the Soos Creek Water District. Contact the district for details on necessary improvements. c) Provide storm drainage system meeting the Kent Standards for conveyance, detention, water quality treatment, etc. The minimum 7 iL Staff Report Glen Kara #SU-95-3 detention standard to be met for this project shall be that for Hillside development. d) A 32-foot wide paved roadway for all of the interior streets: 99th Avenue South, South 220th Street, and 98th Avenue South; concrete curbs and gutters; five[ 5 ]-foot wide concrete sidewalks along both sides of these streets; street lighting; drainage facilities; street channelization; utilities and appurtenances, and cul-de-sac turnaround on 99th Avenue South, per City Standards. This shall include a minimum 49-foot right-of-way along the roadway, a minimum 51.5-foot right-of-way radius [45-foot at curb line] in the cul-de-sac turnaround, and 25-foot radii curb returns at internal street intersections. e) A half street widening/improvement of South 222nd Street across the entire subdivision frontage. The paved half street roadway width shall be 16 feet from centerline to face of curb and shall also include street lighting; sidewalks; drainage facilities; street channelization; utilities and appurtenances. These improvements shall also include sufficient pavement to provide a 12-foot wide eastbound lane on the southerly side of the roadway centerline across the entire frontage of the subdivision; and necessary pavement transitions to the existing roadway pavement to the west of the subdivision. In addition, the subdivider shall install "No Parking" signs across the entire subdivision frontage on South 222nd Street. Finally, these improvements shall include a overlay of the existing roadway pavement, as necessary, to provide a 2 percent crown across the pavement; and, as necessary to meet City Standards for roadway pavement section for a Residential Street. f) A half street widening/reconstruction of 100th Avenue Southeast across the entire subdivision frontage to City standards for a Residential Collector Street augmented with bicycle lanes. The paved half-street roadway width shall be 23 feet from centerline to face of curb and shall also include street lighting; sidewalks; 8 Staff Report Glen Kara #SU-95-3 drainage facilities; channelization; utilities and appurtenances as well as a 35 foot radius curb return at the intersections with South 222nd Street and South 220th Street. The owner/developer shall also improve the easterly half of 100th Avenue Southeast to provide a 12-foot wide northbound lane on the easterly side of the roadway centerline across the entire frontage of the subdivision. These improvements shall include necessary pavement transitions to the existing portion of 100th Avenue Southeast to the north and south of the subdivision. The roadway improvements shall meet city standards for pavement section design, and shall provide a 2 percent crown slope. The owner/developer's engineer shall perform an evaluation of the existing roadway pavement, and design an asphalt concrete overlay of the existing pavement per City of Kent Construction Standards. The minimum overlay shall be 2 inches. Based on this evaluation, and the review and approval of the City, the owner/developer shall either reconstruct or overlay the east side of 100th Avenue S. At the southwesterly corner of the intersection of 100th Avenue Southeast and South 222nd Street, the subdivider shall construct a minimum 25-foot radius pavement edge connecting 100th Avenue Southeast and South 222nd Street, on the southwesterly quadrant of the intersection. g) Widen and improve the easterly shoulder of 100th Avenue Southeast from South 222nd Street to the Countryview Estates subdivision (SE 225th Place) with an asphaltic concrete pedestrian walkway -- minimum pavement depth of two [2] -inches of asphaltic concrete, and a minimum five [5]-foot width. Incorporate drainage improvements as necessary. 4. If any wetland impacts are proposed, a wetland mitigation plan shall be submitted to Kent Public Works for review and approval prior to recordation of final plat. The wetland boundary delineation for the site has been reviewed and approved, but the conceptual mitigation plan that is contained within the delineation report is unacceptable. The conceptual plan does not address avoiding or minimizing impacts to wetland 1 by analyzing alternatives that would avoid the impact, as stated in KCC 9 Staff Report Glen Kara #SU-95-3 11.05.120, 2b. The avoidance of wetland impacts shall be pursued to the maximum extent. 5. The approved wetland boundaries need to be surveyed and marked with permanent monuments. The survey shall be completed using City of Kent coordinates and the surveyor shall provide the City a copy of the final survey map on 3.5 inch diskette in DXF format. Four copies of the full size (22 inch by 34 inch) wetland map prepared to scale by a licensed professional surveyor which shows the wetland boundary, the approved wetland buffers, and the areas of each are required. These maps will be attached to the copies of the report we have on file. 6. The entire approved and preserved wetland(s) and it's buffer(s) shall be permanently protected as a separate sensitive area tract in accordance with the Kent Wetland Management Code. The proposed lot #33 is inconsistent with this condition. The buffer areas shall be isolated from intrusion and/or disturbance using landscaping, signage and/or other appropriate screens, as well as an approved fence. 7. The subdivider shall execute stormwater maintenance covenants prepared by the City of Kent Property Management Section for the entire parcel before the issuance of any construction permits. 8. The subdivider shall conduct a detailed storm drainage analysis upstream of the subject drainage basin, downstream to Garrison Creek. Based upon this analysis and previous modelling work by the City of Kent, the City will review the recommendations of the subdivider's professional engineer to determine what off-site downstream improvements are necessary, and/or what additional detention is required to not adversely impact downstream properties. The drainage improvements shall be adequate to convey the most critical design storm (up to a 100-year event) as determined by the Public Works Director. 9. All off-site drainage systems shall be tight-lined to Garrison Creek with appropriate erosion control measures. 10. All roof-drains from properties along the westerly edge of the plat shall be intercepted and piped into the storm drainage system. 10 Staff Report -- Glen Kara #SU-95-3 11. The subdivider/developer shall submit a detailed tree plan which shows the location of all significant trees of six inch caliper or greater. This plan shall be submitted and approved by the Planning Department prior to any construction activity taking place on-site for road or utility grading purposes. 12. The subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section B and provide all public and private easements necessary for the construction, operation and maintenance of the required improvements identified in Section B, above. 13. The owner/developer shall have an engineering study prepared by a licensed professional engineer or firm, specializing in groundwater hydrology, geotechnical engineering, and related fields to address the concerns raised by a neighboring resident, Mr. Bhrett Monroe, during the SEPA review process. Mr. Monroe's house, which is situated on the east side of 100th Avenue SE, just across the street from the subject property, is connected to a shallow private well system for domestic water supply. The engineering study shall investigate potential adverse impacts to private water systems in the area from the Glen Kara Plat improvements, as well as future residential construction on the site. Based on recommendations of the professional engineer, and review and approval of the engineering report by the City, the owner/developer shall implement all necessary measures to insure that private water systems in the area are not affected by the proposed development of the subject property. B. PRIOR TO THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT: 1. The subdivider shall construct the improvements noted in Section A. above. 2. Development on all lots shall protect solar access to properties to the north of each lot according to the calculations specified in Kent Zoning Code section 15.08.234. KENT PLANNING DEPARTMENT October 11, 1995 c:su953.rpt 11 City of Kent - Planning Department SE 212 ST BgPC SE 213 1 3 SE 213 5 213 PL S 13 ST SE 213 PL O I�I= �, 21 S ¢ N > N m _ > i SE 214 PL m > c ¢ ¢ \ m - SE O T w ' o w I .. QJ I S 218 ST dl " 218 ST Q' N w ��•. II'STq'1�� N c� E 220 ST 41 O ¢ � ✓5�� 4�.X� m 00 C � W -a\U� S 22 ST 'S' S -'' ?s`":'" i 1pp SE 222 5l a SE 223� CS E 224 ST �9 SE 2 9 SE 225 ST S N �Z SE W 225 PL '^ SE 225 P ,wn S 228 ST S c " SE CT N e Oe SE 228 O 3 H SE A ` fC 3 ST SE e c; O m E 231 ST SE -0 PL 0 Q c APPLICATION NAME: Glen Kara NUMBER: #SU-95-3 DATE: October 18, 1995 REQUEST: Preliminary Plat ` LEGEND N Application site Vicinity Map 1� Railroad tracks ,v-v,v-v"-r Kent City Limits City of Kent - Planning Department L� �I - •t'�'1 I�(i i �% �`'� Oap ' .; r�I I _�"�'�j \` A , 1 ry ` 1 •I,. , I 1 1' 2 1 \ I 1 ful JI 1•`.1 i AAA[[ I 1 3 Y r Ili _p� JV.10 • , Ir L- �\ \ i 1 _III\}� I �� I �'' ��(^•I I �--� ' n 2r h r D APPLICATION NAME: Glen Kara NUMBER: #SU-95-3 DATE: October 18, 1995 `EQUEST: Preliminary Plat Ak LEGEND N Application site Zoning / Topography Zoning boundary r..rrr.r Kent City Limits City of Kent - Planning Department :so z'a zw 3I0 l[0 II AO 30 29 28 } 27! 26- 24, va I 1 1 10 6 — �� I j U i 11 CD 1 a 13 12 TRACT'.B 20 IF CACTLA 0 ANO 01FFEi) 7' ' I�R,A-,CT�A 2 18 L�IST" *AM R0 FA/� 't6 I t APPLICATION NAME: Glen Kara NUMBER: #SU-95-3 DATE: October 18, 1995 REQUEST: Preliminary Plat A LEGEND N Application site Site Plan Kent City Council Meeting Date January 2 , 1996 Category Other Business 1. SUBJECT: Adult Use Zoning Code Amendment 2 . SUMMARY STATEMENT: This ordinance amends the City's existing Adult Use Zoning provisions by eliminating setbacks for Adult Use businesses in residential use commercial zones. 3 . EXHIBITS: Ordinance and memorandum of April 12 with maps depicting previously considered options. 4 . RECOMMENDED BY: City Council/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 U; ;, � _ moves, Councilmember ` "`, seconds to adopt Ordinance No. �-� , amending certain Adult Use . Zoning Code requirements in the City of Kent. Ci DISCUSSION• ACTION• Council Agenda Item No. 4B 14` i 1 r f� k J 4 II I ORDINANCE NO. i! AN ORDINANCE of the City Council of the City of Kent, Washington, regarding the !! amendment of the zoning setback restrictions for adult uses . i! WHEREAS, the secondary effects of the activities defined and regulated in Chapter 5 . 10 of the Kent Zoning Code are detrimental to the public health, safety and general welfare of the citizens of the City, and, therefore, such activities must be regulated as provided in Chapter 5 . 10 of the Kent City Code; and WHEREAS, regulation of the adult entertainment industry is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly , occurred. This history of criminal activity in the adult entertainment industry has included prostitution, narcotics, and liquor law violations, breaches of the peace and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants; and WHEREAS, contact between entertainers and patrons of adult entertainment businesses facilitates prostitution and other related crimes and the concern over unlawful sexual activities and related crimes as a legitimate health concern of the City i �I which demands reasonable regulation of adult entertainment businesses in order to protect the health and being of the i citizens; and WHEREAS, in the absence of regulation, the activities described in this section occur regardless of whether the adult entertainment is presented in conjunction with the sale of alcoholic beverages; and WHEREAS, the City Council of the City of Kent desires to prevent these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life, preserve the , property values and character of surrounding neighborhoods; and deter the spread of urban blight ; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment or Article I , Section 5 of the Washington State Constitution, but . to enact content neutral regulations which address the secondary effects of the adult entertainment businesses, as well as the health problems associated with such businesses; and WHEREAS, the City' s adult entertainment zoning restrictions were recently found, by the U.S . District Court for the Western District of Washington, to deny adult entertainment businesses reasonable alternative avenues of communication by not providing an adequate number of alternative sites for the location for such facilities; and 2 i WHEREAS, the City has reviewed the legislative history which supports the City of Kent ' s adult use zoning setback restrictions; and WHEREAS, the legislative history supports a finding that there are negative secondary effects associated with the operation of adult entertainment businesses within 1, 000 feet of churches, parks , schools, libraries and residential zones ; and WHEREAS, the legislative history, in support of the zoning setback restrictions for adult entertainment businesses, do not indicate that there are negative secondary effects associated with the operation of adult entertainment businesses ( within 1, 000 feet of legal non-conforming residential or multi- family uses in commercial zones; NOW THERFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS : SECTION I . The above listed recitals are found to be true and correct in all respects . SECTION 2 . Section 15 . 08 . 270 is hereby amended as follows : Sec . 15 . 08 .270 . Adult uses . A. Adult uses, as defined in section 15 . 02 . 008 , are prohibited within the area circumscribed by a circle which has a 3 radius consisting of the following distances from the followins.- specified uses or zones : 1 . Within one thousand (1, 000) feet of any residential zone (RA, A-1, AG, R1-7 . 2 , R1-9 . 6, R1-12 , R1-20 , MR-D, MR-G, MR-M, MR-H and MHP as provided in chapter 15 . 09) _ er any single—er mtiltiple family residential tise . 2 . Within one thousand (1, 000) feet of any public or private school . 3 . Within one thousand (1, 000) feet of any church or other religious facility or institution. 4 . Within one thousand (1, 000) feet of any public park. 5 . Within one thousand (1, 000) feet of any public library. B . The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land is to be separated. C. Violation of the use provisions of this section is declared to be a public nuisance per se, which shall be abated by the city attorney under state law, including procedures set forth in section 15 . 09 . 090 . 4 D. Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or statute of the state regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof . 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 c-- phrase of this ordinance . SECTION 4. Effective Date. This ordinance shall tare 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 5 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of 1995 . APPROVED day of 1995 . PUBLISHED day of 1995 . I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK adltzone.ord 6 CITY OF �LtL? u CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 ZTaaacc°s.� MEMORANDUM April 12, 1995 MEMO TO: KENT MORRILL, CHAIR, AND PLANNING COMMISSION MEMBERS FROM: FRED N. SATTERTSROM, PLANNING MANAGER SUBJECT: PROPOSED AMENDMENTS TO ADULT USE ZONING REGULATIONS - #ZCA-95-1 Background: The Planning Commission held its first public hearing on proposed changes to Kent's adult use zoning regulations on February 27, 1995. At this meeting, the Planning Commission requested that other alternatives be explored and continued the public hearing to March 27, 1995. At the March meeting, staff requested additional time to analyze proposals and assess impacts. The Planning Commission agreed to hold a workshop on April 10, 1995 to review proposed options, and continued the public hearing to April 24, 1995. Existing Adult Use Regulations in Kent: Adult entertainment businesses are regulated by Section 15.08.270 of the Kent Zoning Code. These regulations require that such establishments be located at least 1000-feet from certain "protected uses." Protected uses include churches, public parks, schools, libraries, and residential zones and uses. Therefore, in order for an adult entertainment business to locate in Kent, it must first find a suitable zoning district (i.e., commercial zoning) and locate at least 1000-feet from any protected use. Kent's adult use zoning regulations were adopted in 1986 and were based on a comprehensive 1982 study conducted by the Planning Department. This study included an examination of the land use impacts of adult businesses, adult use law and legal guidelines, as well as zoning alternatives for mitigating the adverse impacts of adult uses. Also, Kent's regulations were modeled after the City of Renton ordinance which was found constitutional by the U. S. Supreme Court. Kent's adult use zoning regulations were challenged in 1994. A topless dancing club was proposed at S. 218th Street/East Valley Highway in the GWC (Gateway Commercial) zone. The proposed site fell within the "protected circle" of a residential unit in the GWC zone and, therefore, the application was denied. The proponent filed 1 a lawsuit against the City of Kent which was brought before the U. S. District Court in Seattle. The Court found that an insufficient number of sites were available to the project proponent and ruled in favor of the Club. Concerned that other challenges could successfully be launched, the Kent City Council passed a temporary moratorium on adult uses and directed that the City's regulations be reviewed for possible amendment. Alternative Zoning Amendments for Adult Use Requlation: Based on the outcome of the April 10, 1995 workshop with the Planning Commission, four alternatives have been identified for adult use regulation. These alternatives are outlined below: Option #1 . No Action. This alternative would simply maintain the existing adult use zoning regulations as they are. Option #2. 250-foot buffer for nonconforming residential uses. This alternative would maintain the existing 1000-foot buffers for residential zones, churches, schools, parks, and libraries. However,the buffer for nonconforming residential uses in Commercial and/or Industrial zones would be reduced to 250-feet. Option #3. Implement Option #2 and Allow Adult Uses in M1-C zone. This alternative would implement Option #2, above, and add adult entertainment businesses as principally permitted uses in the M1-C zoning district. The M1-C zone comprises approximately 35 acres at the intersection of S. 212th Street/West Valley Highway. Option #4. Zero buffer for nonconforming residential uses. This alternative would remove the buffer distance for nonconforming residences in Commercial and/or Industrial zones altogether. However, the 1000-foot buffer would be maintained for residential zones, churches, schools, parks, and libraries. (This alternative is the original staff recommendation presented at the February 27, 1995 public hearing.) Analysis of Alternative Amendments: Implementation of any one of the above alternatives has different results in terms of the number of potential sites for adult entertainment uses. GIS staff from the Planning and Public Works Departments have applied the above alternatives to the City's zoning basemap. The results of their work reveal the following number of potential sites: 2 Alternative Description # Sites Option #1 No Action 1 Option #2 250-buffer for nonconforming residences 12 Option #3 Option 2 with addition of M1-C zone 19 Option #4 Zero buffer for nonconforming residences 32 The location of potential sites is illustrated on the attached Options maps. All potential sites affected by these alternatives are located in the Kent Valley; there are no potential sites on either West or East Hills. Option #1 (No Action) results in only one potential site located at the north end of the Valley near the S. 180th/East Valley Highway intersection. Option #2 (250-foot buffer) results in 12 potential sites. Eleven (11) of these sites are located along East Valley Highway, as shown on the map, and one (1 ) potential site is located on West Valley Highway at S. 180th Street. Option #3 (Add M1-C zone) results in 19 total potential sites. The 12 potential sites of Option #2 are included in addition to seven (7) sites near S. 212th Street/West Valley Highway which are currently zoned M1-C. Option #4 (Zero buffer) results in 32 total potential sites. Thirty-one (31 ) potential sites are located along East Valley Highway, most of which are in the GWC (Gateway Commercial) zone between S. 212th Street and the SR 167 overpass. Discussion and Evaluation: All of the options outlined above result in potential sites which are located on the Valley floor in areas which are generally characterized by heavy commercial and manufacturing/warehouse uses. This is a direct result of the 1000-foot buffer distances for protected uses and zones which eliminate the entirety of East and West Hills. In addition, the North Park and South of Willis neighborhoods, together with other protected uses, eliminate the downtown area as a potential site for adult uses. All options also give protection to existing residential areas along East Valley Highway - such as the Willow Vista mobile home court - that are zoned for residential use. Options 2, 3, and 4 would reduce or eliminate the buffer distance of residential units which are located in Commercial and Industrial zones, a predicament which gives these units a nonconforming status. Options 2 and 3 would maintain a 250 buffer while Option 4 would require none. There are five individual residential units located in the East Valley Highway corridor north of S. 228th Street, according to the City's inventory of land use. These units are scattered about in area that has been going 3 through a transition from rural to urban over the past 30 years. The character of the East Valley corridor is now commercial/industrial with heavy volumes of traffic along the roadway. There are no residential neighborhoods along East Valley Highway as such, only a small scattering of older homes that pre-date much of the commercial and industrial zoning in the corridor. Existing zoning does not distinguish new single family residences as principally permitted uses and, the long-term retention of existing residences is tenuous. Therefore, because of their dispersed locations and the transitory nature of residential use in the East Valley corridor, the adverse secondary impacts of adult uses on individual residential units is anticipated to be insignificant. Staff Recommendation: The Planning Department recommends the Planning Commission endorse Option #4 (Zero buffer). Specifically, staff recommends that the words "...or any single or multiple family residential use" be omitted from Section 15.08.270(A)(1 ) of the Kent Zoning Code, which presently reads: "Within one thousand (1000) feet of any residential zone (RA, A-1, AG, R1-7.2, R1-9.6, R1-12, R1-20, MR-D, MR-M, MR-H, and MHP as provided in chapter 15.09) or any single or multiple family residential use." A copy of this section of the Zoning Code is attached for the Commission's reference. This alternative will maintain the current 1000-foot buffer distance for residential zones and other protected- uses but drop the setback for nonconforming residential uses. The effect of the changes, as outlined earlier, will result in 32 potential sites for adult entertainment businesses. Most of the potential sites would be in the East Valley corridor. FNS/d#5.a:adultus e.pc 4 IB0 Sf \ I j AT J ' 1 Is 1 \\;\\ \ �.. \ \\ \ c �\ F! i 17- . y a --- IL `P _ - � \ J F Um 21, OPTION 1 NO CI-ACNGE TO MSTE iG REGULATIONS Shaded sites refer to eligible parcels under this alternative \ \. s 180 ST HA It Is �. \ \_ \ s lec sT 17 \z ' \\ \\ I \ \\ \ \\ rk OPTION 2 250-FOOT BUFFER FOR NONCONFORIIIVG RESIDENTIAL USES Shaded sites refer to eligible parcels under this alternative S 100 ST Bc u S IOc ST — — i pffmmi • \ stet c s-e T Z_ �I 1 S is ST \ _S \\� .... e 220 ST iy \• \ _l_ \ — —^\� \\\\-• \\ \\\\�� ---i-- �\ OPTION 3 250-FOOT BUFFER FOR NONCONFOR1NMII G RESIDENTIAL USES AND ADD ADULT USES TO MI-C ZONL tG DISTRICT Shaded sites refer to eligible parcels under this alternative S IqG ST FA 777 1-0 _ pI !1 - 1 i ]4,2 - - ! ' s 228 kRl OPTION 4 ZERO BUFFER FOR NONCONFORINIING RESIDENTIAL USES Shaded sites refer to eligible parcels under this alternative City Council Planning Committed Minutes November 21, 1995 STREAM BUFFER REQUIREMENTS IN THE MERIDIAN ANNEXATION AREA - DRAFT INTERIM ZONING CONTROL ORDINANCE AND REGULAR DRAFT ORDINANCE - (T. Brubaker) Mr. Tom Brubaker explained the need to preserve the existing stream buffers relating to the major streams in the Meridian annexation area. In the existing Kent zoning code there is a 50 foot setback requirement for impervious surfaces. No impervious surfaces can be constructed within 50 feet of the high water mark of major streams. However, under the existing County code there is a 100 foot buffer which prohibits changes of any kind except replanting indigenous Northwest vegetation. Mr. Brubaker requested an interim zoning control. This would preserve the same development standards within the buffer area for up to six months. Mr. Bill Wolinski from the Public Works department explained that the King County buffers were established after a lot of research. Mr. Wolinski has received calls from King County and the Muckleshoot Indian tribe questioning Kent's plan for preserving the existing buffer requirements. Committee member Woods MOVED to send the proposed Ordinance to the City Council on December 12 under the consent calendar for a public hearing and Council's approval. The motion was SECONDED by Committee member Johnson. The motion carried ADULT USE ZONING 4ZCA-95-3 - (R. Lubovich) Ms. Laurie Evezich presented the Committee with a copy of the proposed Ordinance and recommended that the Ordinance be brought before the City Council for approval. The proposed Ordinance is similar to the existing adult use zoning Ordinance with the exception that the existing set back restriction of I X0 feet from any single family or residential use is eliminated to allow for a zoning for adult use businesses in commercial areas consistent with a U. S. District Court Order from earlier this year. This would establish at least 19 locations for adult use businesses. Chair Leona Orr questioned if the proposed Ordinance would satisfy the Court Order. Ms. Evezich explained that this amendment-would allow adult use business to locate in the commercial district but it has the least amount of impact on protected areas. She further explained that the Law Department is confident that this Ordinance is defensible under the First Amendment analysis. Committee member Johnson MOVED to recommend to send the proposed adult use zoning Ordinance to the City Council under other business. Committee member Woods SECONDED the motion. Motion carried. SINGLE FAMILY RESIDENTIAL CLUSTER AND ZERO LOT LINE DEVELOPMENT ZONING CODE AND SUBDIVISION CODE AMENDMENTS 9ZCA-95-2 & 4SCA-95-1 (L. Phillips) Planner Linda Phillips presented the Committee with an article and some examples of cluster housing developments. The main reason for proposing cluster development is to implement the 2 ` I-17 Kent City Council Meeting Date January 2 , 1996 Category Other Business 1. SUBJECT: Alternative Medicine as an Economic Development Effort 2 . SUMMARY STATEMENT: The proposed resolution has been recommended 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 associated businesses in the City of Kent. 3 . EXHIBITS: Memorandum to the City Council Operations Committee, proposed resolution, presentation materials outlining proposal and comparison to the Mayo Clinic community. 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 -- � y"L- moves, Councilmember seconds L- to adopt Resolution No. /LJ -( endorsing Kent as the "Wellness Capital of America" and encouraging the establishment of wellness-oriented medical practices and associated businesses in the City of Kent. DISCUSSION• ACTION. Council Agenda Item No. 4C MEMORANDUM TO: OPERATIONS COMMITTEE FROM: BRENT MCFALL XA SUBJECT: NATURAL MEDICINE RESOLUTION DATE: DECEMBER 22, 1995 Attached is a draft of a resolution being proposed by the Natural Medicine Economic Development Task Force. The resolution notes the emergence of natural and alternative medicine practices, and suggests that Kent has already established a reputation as a center for these practices. It further notes that this presents an opportunity for economic development in Kent,if we are successful in attracting more practitioners to our city. Finally, the resolution states the City's support for this economic development activity, and requests that the Mayor develop programs to encourage practitioners to locate here. RECOMMENDATION We recommend that the Operations Committee recommend to the City Council adoption of the proposed resolution. RESOLUTION NO. A RESOLUTION of the Kent City Council stating its endorsement of Kent as the "Wellness Capital of America" and encouraging the establishment of wellness oriented medical practices and associated businesses in the City of Kent. WHEREAS, the Kent City Council cares about the quality of life in Kent including the health and well being of it's citizens, and WHEREAS, medical practices are changing dramatically to include many different disciplines, techniques, and approaches, and WHEREAS,consumers are looking for alternative approaches to medical care such as natural medicine, and WHEREAS,natural medicine is defined as the cure or prevention of disease through the use of vitamins,minerals,amino acids,enzymes,herbs, and other natural substances; sensible avoidance of toxins, allergens, pollutants, chemicals, and unhealthy food additives; or the use of non-surgical, drugless approaches, such as acupuncture, that support the body's own healing processes, and WHEREAS, in addition to its superior conventional medicine professionals, Kent is home to several nationally, and internationally recognized leaders in the field of natural medicine, and WHEREAS, these natural medicine practitioners are establishing Kent's reputation as a "Wellness Capital", drawing patients from around the country and world, and WHEREAS, policies at all levels of government are changing to properly acknowledge the efficacy, professionalism, and licensure of natural medicine practitioners; and to respond to the demand by an overwhelming number of citizens for choice in their health care, and WHEREAS, the Kent City Council recognizes the economic benefits to the city from such medical practices, and desires to encourage additional natural medicine practitioners, and other alternative medicine professionals to locate their practices in Kent, further establishing Kent as the "Wellness Capital of America"; NOW, THEREFORE THE CITY COUNCIL FOR THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. In recognition of the significant role that alternative and natural medicine can play in the economic health and vitality of the city, the City of Kent desires to become the home to the most comprehensive array of alternative and natural medicine services in the United States. Service providers are encouraged to consider Kent as the location to establish their practices, taking advantage of the already strong reputation that Kent enjoys for the availability of quality alternative medicine. Section 2. The Mayor is hereby requested to develop programs to cooperate with alternative and natural medicine professionals, colleges, professional associations, land developers, and the like,to encourage the development of facilities for such medical services, and to encourage such professionals to select Kent as the location for their practices. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1996. Concurred 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 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 11996. (SEAL) BRENDA JACOBER, CITY CLERK 0 ■ � o a� H U U � cis �., • ct - � Ct c N N U m bA ,7 CC3 —' CCd r :� U ct o � . 0 0 V U � ct CIS ct Cld � N � � H c O 00 O • ® ct • "-+ ct n � a� • O ' rmmq ct U CC3 CIS ° M bi) W o ct O �, m o ct CN C,� Ct■ O � � O O � { O a) cn U M 6AY 4-4 � Ln all ct N c r!� ct3 0 ^ ^ Oo 0o oo r—+ N Ln Goq U _ ® o -+ • • .. cnct 4� ct O U ct • `r? N v . • � � O � � O � � O ct O ct b g U r� O Uct c U 4-4 c ° ct 4—j � �" � • °� N O ,-� O U U U O CIS U U O c � O � � 00 ct �--+ N � � ct . � o w �, U ct N U O ct ct U 4-4 v P4 sa� • ' U O + cct v '� ct � � O U Ct 03 ^' � • U N � � O V1 ■ Cd M O � .. ct • O . cn U cd N O � • U OO,, U cz U � O . � � Cld 4 0 0cn 0 V Cl) O O us U 0 cn Ct O U U � O 'rm� p cn � . . ct3 .O c cc3 M 4 U 4 �, U •� t cn N N `n cn ,� v r-4 c O v s' tb d U N N 0 c • � u a� � Kent City Council Meeting Date January 2 , 1996 Category Other Business 1. SUBJECT: School Impact Fees - Authorization to Amend Comprehensive Plan - Emergency Resolution 2 . SUMMARY STATEMENT: This 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. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ X SOURCE OF FUNDS: 7 . CITY COUNCIL ACTTION: Councilmember k C\ moves, Councilmember l� ' k" seconds to adopt Resolution No. �`"f�>� declaring an emergency and authorizing the City to consider the addition of School District Capital Facilities Plans as sub-elements of the City' s Comprehensive Plan. DISCUSSION• ACTION• Council Agenda Item No. 4D RESOLUTION NO. A RESOLUTION of the City Council of Kent, Washington, declaring an emergency to pursue an amendment to the City of Kent Comprehensive Plan to adopt the Capital Facilities Plans of School Districts within city boundaries as a sub-element of the City' s Comprehensive Plan. WHEREAS, the Washington State Growth Management Act authorizes the adoption of school impact fees to address identified impacts of development pursuant to RCW 82 . 02 . 050 through 82 . 02 . 100 ; and WHEREAS, the City Council of the City of Kent considered a school impact fee program ordinance and took public testimony at its meeting on November 21, 1995; and WHEREAS, the City Council held a workshop to further consider the proposed school impact fee program on December 5 , 1995 ; and WHEREAS, the City Council held a public hearing on the proposed school impact fee program on December 19 , 1995; and WHEREAS, the City Council moved to adopt the school impact fee program with an amendment to add a low income housing exemption to the proposed ordinance on December 19, 1995; and WHEREAS, the Washington Growth Management Act requires that jurisdictions who adopt school impact fee programs adopt the capital facilities plans of school districts who participate in a school impact fee program as a sub-element of the enacting jurisdiction ' s comprehensive plan; and WHEREAS, the Washington Growth Management Act and City of ,Kent Ordinance ##3237 authorize the City of Kent to amend its comprehensive plan only once per calendar year, except in the case of an emergency which is defined as "an issue of community- wide significance that promotes the public health, safety and general welfare; " and WHEREAS, the City Council has considered the affects of the absence of a school impact fee program upon the recently annexed areas that were collecting school impact fees and has determined that the potential lost impact fees and benefits to the taxpayers of Kent constitute an issue of community-wide significance that promotes the public health, safety and general welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS : Section i . The City Council of the City of Kent finds that the absence of a school impact fee program within the "Meridian 2 Annexation Area" and the potential lost impact fees and benefits to the citizens of Kent constitutes an issue of community-wide significance that promotes the public health, safety and general welfare . Section 2 . The City Council of the City of Kent therefore declares that an emergency exists necessitating the preparation of a comprehensive plan amendment 'to adopt the School Districts ' Capital Facilities Plans as a sub-element of the City of Kent Comprehensive Plan pursuant to RCW 82 . 02 . 050 (4) and RCW 36 . 70A. 070 . Section 3 . That a comprehensive plan amendment be prepared for the adoption of the capital facilities plans of School Districts who wish to participate in the city' s school impact fee program. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1995 . Concurred in by the Mayor of the City of Kent, this day of 1995 . JIM WHITE, MAYOR 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 1995 . (SEAL) BRENDA JACOBER, CITY CLERK REST.KK 4 T Kent City Council Meeting Date January 2 , 1996 Category Other Business 1. SUBJECT: Election of Council President 2 . SUMMARY STATEMENT: Pursuant to the City's Resolution No. 1094, the City Council must elect its president, who shall also serve as the City's Mayor Pro Tem, in January of this year for a two-year term. 3 . EXHIBITS: None 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: (" Councilmember uy ) moves, Councilmember (L,,i seconds that Ti4j,v serve as City Council President for a two-year term until January, 1998. y DISCUSSION: ACTION• Council Agenda Item No. 4E Kent City Council Meeting Date January 2 . 1996 Category Bids 1. SUBJECT: Purchase of Police Patrol Vehicles 2 . SUMMARY STATEMENT: The Equipment Rental Division solicited bids for the purchase of eleven police patrol vehicles. These vehicles are normally purchased from the State of Washington Acquisition Contract. However, due to limited supply, the State closed all requests before the City was notified of the submittal date, which was November 15, 1995. As such, there was no opportunity to place the order as in years past. It is the recommendation of the Public Works Director that eleven 1996 Crown Victoria Police Interceptors be purchased from the sole source supplier, Arendale Ford, of Arlington, Texas for the amount of $19, 058 . 00 each, plus tax, plus $616. 68 delivery fee per vehicle. 3 . EXHIBITS: Bid Summary Memorandum, Public Works Operations Memorandum 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $216 ,421.48 SOURCE OF FUNDS: Equipment Rental 7 . CITY COUNCIL ACTION: [ '� Councilmember �u. :�moves, Councilmember j seconds_ that the purchase of eleven 1996 Crown Victoria Police Interceptors be awarded to Arendale Ford, Arlington, Texas for the bid amount of $19, 058. 00 each, plus tax, plus $616. 68 delivery fee per vehicle. DISCUSSION• � j I ACTION. Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS December 26, 1995 TO: Mayor & City Coun�'1 FROM: Don Wickstrom,�ublic Works Director RE: Purchase of Eleven Police Patrol Vehicles Equipment Rental division is requesting approval to purchase eleven 1996 Crown Victoria Police Interceptors from Arendale Ford of Arlington, Texas. The City normally purchases these vehicles from the State of Washington Acquisition Contract. However, due to the limited supply, the State closed all requests before the City was notified of the submittal date, which was November 15, 1995. The City of Kent, and many other Cities, did not have the opportunity to place the order as we have in years past. Therefore, it is the recommendation of the Public Works Director that the purchase of eleven 1996 Crown Victoria Interceptors, Police Patrol Vehicles be purchased through the sole source supplier; Arendale Ford, Arlington Texas, in the amount of$19,058.00, each plus tax, with an additional $616.68 per vehicle for delivery. COST SUMMARY State of Washington Contract 1996 Crown Victoria Police Interceptors $18,462.00, each plus tax Arendale Ford, Arlington, TX 1996 Crown Victoria Police Interceptors $19,058.00, each plus tax & $ 616.68 each for delivery MOTION: Counciimember moves, Councilmember seconds that the Purchase of Eleven Police Patrol Vehicles awarded to Arendale Ford, Arlington, TX for the bid amount of$19,058.00, each, plus tax with an additional $616.68 each for delivery. SAAENDALE PUBLIC WORKS OPERATIONS MEMORANDUM Phone: 859-3365 Fax: 859-366 hFu Date: December 20, 1995 DEC 2 6 19S5 To: Brent McFall,Chief of Staff ,CITY o. 1,_ From: Eddy Chu, Operations Manager �✓ op�h,nT( Subject: Purchase of Eleven (11)Police Patrol Vehicles Equipment Rental Division is requesting approval to purchase eleven 1996 Ford Crown Victoria Police Interceptors from Arendale Ford in Arlington,Texas. The City normally purchases these vehicles from the State of Washington Acquisition Contract,however, due to the Iimited supply,the State had closed all requests before the City was even notified of the submittal date which is November 15, 1995. The City of Kent,along with many other Cities,had not had the opportunity to place the order as we have every year in the past. Fortunately,with the help of Chief Crawford,we have located the only Ford dealership,Arendale Ford, that specializes in police vehicles. They happen to have a good inventory of the vehicles that meet the City's need. Also,Ford is the only supplier of full size police fleet vehicles this year. The staff has compared prices and found the price quoted by Arendale is reasonable: State of Washington Contract: $18,462 plus tax Arendale Ford,Arlington,TX $19,058 plus tax,plus$616.68 for delivery The eleven vehicles are itemized as follows: 0 Six (6)cars are scheduled for 1996 replacement as approved in the 96 budget 0 Four(4)cars are approved in the 96 budget under the annexation plan 0 One(1)car is to replace a wrecked K9 unit. Funds have been collected from insurance. The other options are to wait for other dealership to come up with the vehicles we need or wait for next year's State contract,both of which are neither practical nor advisable. Recommendations: Based on the above information,we recommend: Gr �/a215r ��. / 1. the City to authorize the purc ase of eleven p ice vehi es,and 2. issue Purchase Orders to Are dale Ford in Arlington Texas as the sole source supplier. Recommended by: Date: Approved by: Date: cc: Ed Crawford,Chief of Police Don Wickstrom,Public Works Director encl. CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS CITY OF � Jim White, Mayor CITY COUNCIL PLANNING COMMITTEE MINUTES November 21, 1995 Plannine Committee Members Present• Citv Attomev's Office Leona Orr, Chair Roger Lubovich Judy Woods (City Council President) Laurie Evezich Jon Johnson Tom Brubaker Planning Staff Public Works Jim Harris Gary Gill Fred Satterstrom Bill Wolinski Linda Phillips Margaret Porter Other City Staff Teresa Beener Mayor Jim White Bob Hutchinson Other Craig Sears, Land Use Consulting Francis E. Leever Kenneth Dozier Sam Vass Barbara Ivanov, Kent Chamber of Commerce Elmira Forner Connie Epperly ADDED ITEMS TO THE AGENDA None. INTERLOCAL AGREEMENT BETWEEN KENT AND KING COUNTY FOR ANNEXATIONS - (J. Harris) Planning Director Jim Harris presented the Committee with a boiler plate interlocal agreement he received from King County. Mr. Hams explained the differences between the boiler plate agreement and the proposed Interlocal agreement. The major differences in the Kent proposed agreement was the addition of a home repair section and the jurisdiction for the State Environmental Policy Act ("SEPA"). Mr. Harris recommended forwarding the proposal to the City Council for action on December 12. Committee member Judy Woods MOVED to send the Interlocal Agreement for Annexations between Kent and King County to other business at the City Council meeting on December 12 with any refinements that may occur as a result of ongoing negotiations. Committee member Jon Johnson SECONDED the motion. Motion carried. ''II Jih AVE0 SO. /KEVT WASH I VOTOV 98032-5891/ 1 EIEPHOA+F '060x 9_app FA.0 City Council Planning Committee Minutes November 21, 1995 STREAM BUFFER REQUIREMENTS IN THE MERIDIAN ANNEXATION AREA DRAFT INTERIM ZONING CONTROL ORDINANCE AND REGULAR DRAFT ORDINANCE - (T. Brubaker) Mr. Tom Brubaker explained the need to preserve the existing stream buffers relating to the major streams in the Meridian annexation area. In the existing Kent zoning code there is a 50 foot setback requirement for impervious surfaces. No impervious surfaces can be constructed within 50 feet of the high water mark of major streams. However, under the existing County code there is a 100 foot buffer which prohibits changes of any kind except replanting indigenous Northwest vegetation. Mr. Brubaker requested an interim zoning control. This would preserve the same development standards within the buffer area for up to six months. Mr. Bill Wolinski from the Public Works department explained that the King County buffers were established after a lot of research. Mr. Wolinski has received calls from King County and the Muckleshoot Indian tribe questioning Kent's plan for preserving the existing buffer requirements. Committee member Woods MOVED to send the proposed Ordinance to the City Council on December 12 under the consent calendar for a public hearing and Council's approval. The motion was SECONDED by Committee member Johnson. The motion carried ADULT USE ZONING #ZCA-95-3 - (R. Lubovich) Ms. Laurie Evezich presented the Committee with a copy of the proposed Ordinance and recommended that the Ordinance be brought before the City Council for approval. The proposed Ordinance is similar to the existing adult use zoning Ordinance with the exception that the existing set back restriction of 1,000 feet from any single family or residential use is eliminated to allow for a zoning for adult use businesses in commercial areas consistent with a U. S. District Court Order from earlier this year. This would establish at least 19 locations for adult use businesses. Chair Leona Orr questioned if the proposed Ordinance would satisfy the Court Order. Ms. Evezich explained that this amendment would allow adult use business to locate in the commercial district but it has the least amount of impact on protected areas. She further explained that the Law Department is confident that this Ordinance is defensible under the First Amendment analysis. Committee member Johnson MOVED to recommend to send the proposed adult use zoning Ordinance to the City Council under other business. Committee member Woods SECONDED the motion. Motion carried. SINGLE FAMILY RESIDENTIAL L TER AND 7FRO LOT LINE DEVELOPMENT ZONING CODE AND SUBDIVISION CODE AMENDMENTS #ZCA 95 2 & #S A 95 1 (L. Phillips) Planner Linda Phillips presented the Committee with an article and some examples of cluster housing developments. The main reason for proposing cluster development is to implement the 2 City Council Planning Committee Minutes November 21, 1995 Comprehensive Plan Policy regarding providing affordable housing, saving open space, and offering flexibility. Cluster housing allows property owners and developers to utilize buildable areas on properties which might otherwise be undeveloped. This proposal does not increase the density allowed. Rather, this proposal allows the ability to cluster the total number of allowed units into a smaller portion of a larger lot. Ms. Phillips explained that the Planning Commission failed to reach a majority agreement on this issue. The two issues discussed in detail by the Planning Commission when trying to reach an agreement were: 1. The requirement for a conditional use permit. The Planning Commissioners were divided on whether the neighbors should be given an opportunity to be heard at a public hearing. Some felt it was important to give the community an opportunity to voice any concerns, while the others felt is was too complicated and unnecessary. 2. The 3,000 square foot lot size. Some of the Commissioners debated that this lot size was too small and wanted a higher minimum lot size. Ms. Phillips summarized the proposed cluster development and subdivision code amendments. Public testimonv: Mr. Craig Sears, 2134 NW 204th, Shoreline, WA 98177. Mr. Sears commended the City for considering clustering housing. He commented that cluster housing can help eliminate urban sprawl and allow for more affordable housing. Mr. Sears questioned where the City was in regards to the revised street and storm standards. Mr. Harris explained that Planning is unable to answer that question since those revisions would be done by the Public Works Department. Committee member Johnson questioned whether the street and storm revisions were going to be included in the cluster development Ordinance. Mr. Harris explained that the cluster development standards would be a part of the zoning code whereas street and storm standards are a separate entity and a part of the Public Works standards. Chair Orr suggested presenting all revisions that are effected by cluster development together. Committee member Woods commented on bringing the Planning and Public Works Departments together on these issues and address them collectively. Mr. Harris suggested a matrix in the zoning code that would show what the street standards would be in cluster developments. Chair Orr also suggested including the Fire Department in this process. 3 City Council Planning Committee Minutes November 21, 1995 Planning Manager Fred Satterstrom commented that the cluster development regulations are not dependent on the revisions of street standards. Certainly an incentive for building cluster developments is taking advantage of lower costs and revised street standards could provide for less street to build and further savings. The Committee recommended that this issue be brought back at date to be determined for further information from the Planning, Public Works and Fire Departments collectively. ADDED ITEM: DISSOLUTION OF PLANNING COMMISSION (L. Orr) Chair Orr commented that in the light of the resignation of four Planning Commission members she presented the Committee with an Ordinance to dissolve the Planning Commission and create a Land Use and Planning Board. Chair Orr recommended sending the Ordinance to tonight's City Council meeting for adoption. The Ordinance would dissolve the Planning Commission and the Planning Committee would take over the duties until such time a Land Use and Planning Board can be established. Committee member Johnson MOVED to send the Ordinance to the City Council tonight for immediate consideration. Committee member Johnson discussed his previous reign with the Planning Commission. General discussion followed. Motion carried. ADJOURNMENT The meeting was adjourned at 5:15 p.m. C AUSERS\DOCTCOMMNUTESTC01121.MIN 4 PUBLIC WORKS COMMITTEE DECEMBER 14, 1995 PRESENT: Paul Mann Don Wickstrom Tim Clark Gary Gill Jim Bennett Tom Brubaker 100TH AVENUE NEIGHBORHOOD TRAFFIC CONCERNS Wickstrom opened the meeting explaining the history of this issue beginning with the petitions the City had received several months ago requesting the closure of S. 244th which was built in conjunction with the development of "Top of the Hill" and the "non- opening" of 100th Ave. near the East Hill Elementary School. He noted that the City has received another petition from the residents on 94th Ave asking for the reverse effect; that 100th Ave should be opened in the future. Wickstrom explained that I00th Ave has been on our long term Comprehensive Plan as a collector arterial tying 244th to 100th. However, 100th Avenue would only be opened at the time of property development adjacent to 100th Avenue and would be made as a condition of such development He said that we had a meeting in June with no action at that time - it was deferred to another meeting however, we did not get back to this issue until October due to Councilmember and staff vacation schedules. At the October 23rd Public Works meeting, the action from the Committee was to temporarily close 244th for a period of up to 18 months. This was a temporary action. After that meeting, there were concerns from property owners not receiving adequate notice to give their input. Wickstrom said that after that meeting, staff did an extensive traffic analysis to determine the impact on closing both 244th and 100th because they affect the entire neighborhood community as far down as 94th Ave. I(xisten Langley gave an in-depth explanation of the traffic flow throughout the neighborhood and explained how the level of service is designated. In response to Mann, Wickstrom explained that the last Committee action was a recommendation to temporarily close S. 244th for a period of 18 months subject to concurrence by the Police and Fire Chiefs. At the Council meeting we asked if we could bring this issue back to another Committee meeting and, we were instructed to do 1 additional traffic studies to show what the impacts are. We found the impacts to be neighborhood wide - from 94th to 104th and from 248th to 240th. At the earlier meetings, the Eastwood and Canterbury plats were the only affected residents in attendance. Wickstrom stated that the temporary action can proceed at anytime. We are now looking at the long term action - what do we do at the end of 18 months? Continue with the closure, and what do we do about 100th Ave? That property may develop before the 18 months time-frame and we need a decision of how does that property develop in terms of the Council's concept. Police Chief Crawford stated that after looking at the traffic patterns he had a good argument for all 4 alternatives. He noted the excessive traffic counts in the streets. He stated that his department could police any of the areas as noted, but he said from his view, there can be an inequity if one part of the community is forced to have more traffic than another part. Fire Chief Angelo stated that the department's general concern is, the more restrictions that are placed on an access to an area the more difficult it is for fire personnel to get in and out in a timely fashion. He noted that the Fire Department solicits to keep access to areas open. He said that if 244th were to remain closed, someone should consider the possibility of signalization on the Benson Road. Pete Goforth, a resident in the Canterbury area, expressed concerns about safety. He noted that 244th is now opened without so much as a centerline painted down the street. Wickstrom noted that the lines can be painted; that's not the issue. Gill said that we had the contractor hold off on doing the striping because we knew there was a possibility that the road might be closed. He said that the developer is required to put the striping in. However, because this issue has not been resolved as to what the ultimate configuration was, we did not want to require Mr. Goodwin (Top of The Hill developer) to spend additional money unnecessarily. At this time Langley explained in detail the four alternatives offered to satisfy the needs of the neighborhood community. At the end of Langley's presentation, there were questions and comments from the audience. The general consensus of opinion from the residents in attendance, was that Alternate "A", the opening of 100th Avenue, was the most suitable to meet everyone's needs. However, they did stress that traffic restrictions of some sort should be implemented; i.e., speed bumps, chokers or some device to keep the speed down. Mann closed the public hearing portion of the meeting. 2 Committee unanimously recommended Alternative "A" with certain conditions. Committee's amendment to the recommended motion was that the City guarantee to have either chokers or turn-arounds or something to prevent 100th Ave from becoming a full-fledged arterial. Bennett stated that he will work with the neighbors on 98th Avenue to work toward resolving the traffic problems in terms of improvements on 98th. Meeting adjourned: 7:00 p.m. ~ 3