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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/18/1997 City of Kent il MeetingcCit Coun Agenda CITY OF 1 1 4 � ��`I�IIGN�'111� Mayor Jim White Council Members Christi Houser, President Jim Bennett Jon Johnson Tim Clark Leona Orr Connie Epperly Judy Woods March 18, 1997 Office of the City Clerk CITY OF MPIT SUMMARY AGENDA msyn«w"' KENT CITY COUNCIL MEETING March 18, 1997 Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS: Christi Houser, President Jim Bennett Tim Clark Connie Epperly Jon Johnson Leona Orr Judy Woods CALL TO ORDER FLAG SALUTE ROLL CALL 1. PUBLIC COMMUNICATIONS A. Introduction of Mayor's Appointees B. Proclamation - Absolutely Incredible Kids Day C. Suburban Cities Association - 1997 Legislative Update 2 . PUBLIC HEARINGS None 3 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. * LID 348 - 64th Avenue South (S. 226 - S. 216) Street Improvements - Resolution - /zIgg D. King County Grant Agreement - Special Recycling Events Authorization E. Surplus of Beeson/Cavendar House - Authorization F. Civil Service Commission - Appointment G. Arts Commission - Appointment H. Jail Services Contract with City of Bonney Lake - Authorization 4 . OTHER BUSINESS A. Home Occupation Standards Zoning Code Amendment ZCA-96-8 - Regulatory Review 5. BIDS None 6. CONTINUED COMMUNICATIONS 7 . REPORTS EXECUTIVE SESSION - Property Acquisition f L .;n/: 'l_. �i'.�.�.fll.:,� - /l�lk',t•-!7' ,r4-cl_ " u��;'z.r �--- 8 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent (206) 854-6587. PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Introduction of Mayor' s Appointees B) Proclamation - Absolutely Incredible Kids Day C) Suburban Cities Association - 1997 Legislative Update CONSENT CALENDAR 3 . City Council Action: Councilmember W&rLaA,2. move, Councilmember lG secondedthat Consent Calendar Items A through � be approved. Discussion Action � �,-�.tr> 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of March 4 , 1997 . 3B. Approval of Bills. No vouchers were approved because of schedule changes. Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll for February 16 through February 28 , 1997 and paid on March 5, 1997 : Date Check Numbers Amount 3/5/97 Checks 217971-218286 $ 268 , 155. 22 3/5/97 Advices 43545-43991 594 , 110. 08 $ 862 , 265. 30 Council Agenda Item No. 3 A-B Kent, Washington March 4, 1997 Regular meeting of the Kent City Council was called to order at 7 :00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Epperly, Houser, Johnson, Orr and Woods, Police Chief Crawford, Planning Director Harris, Public Works Director Wickstrom, Parks Director Hodgson, and Finance Director Miller. Approximately 60 people were at the meeting. PUBLIC Sister City International Art Competition COMMUNICATIONS Presentation. May Miller, Chair of the Yangzhou Sister City Committee, noted that a local art competition had been held in conjunction with an international Sister City art competition and that the theme is "My Future in the Global Community. " She brought the winners forward and noted that the first place artwork will go on to international competition. She thanked the participants, the committee members and others. Mayor White commended Ms. Miller and the Kent Arts Commission for their efforts on this project. Employees of the Month. Mayor White announced that the Home Repair Crew has been chosen as Employees of the Month for March. He noted that the team is made up of Jeri Broeffle, Jr. , Home Repair Coordinator, Jim Vinzant, Home Repair Specialist, and Al Richardson, Home Repair Specialist. The Mayor noted that this team of dedicated individuals consistently exhibit the "Kent Cares" attitude while performing home repairs for citizens in need. He thanked them for their commitment to excellence, their unyielding efforts and their accomplishments. Planning Director Harris read a letter from Ed and Ruth Lyons complimenting the Home Repair Team. Lin Houston, Manager of the Office of Housing and Human Services, said that their jobs are unique in that they go not only into the community, but into people' s homes, and that this team has earned the trust and respect required for that. She expressed appreciation for their dedication and said they deserve this honor. Certificate of Achievement for Excellence in Financial Reporting. Mayor White announced that the Government Finance Officers Association of the United States and Canada awarded a Certificate of Achievement for Excellence in 1 Kent City Council Minutes March 4, 1997 PUBLIC Financial Reporting to the City of Kent for its COMMUNICATIONS 1995 Annual Financial Report. He presented the award to Finance Director Miller and congratu- lated her. Miller said this is a great honor for the City and that John Hillman deserves the award for his work on the project. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through I be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of February 18 , 1997 . HEALTH & (CONSENT CALENDAR - ITEM 3G) SANITATION Rose's Meadow. ACCEPTANCE of the bill of sale for Rose' s Meadow submitted by Lakeridge Development, Inc. for continuous operation and maintenance of 1, 290 feet of street improvements and 1, 431 feet of storm sewers and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located in the vicinity of 124th Avenue S.E. & S.E. 261st Street. (CONSENT CALENDAR - ITEM 3H) stillwaters Addition No. 1. ACCEPTANCE of the bill of sale for Stillwaters Addition No. 1 submitted by Lakeridge Development, Inc. for continuous operation and maintenance of 206 feet of street improvements and 206 feet of storm sewers and release of bonds after' the expiration period, as recommended by the Public Works Director. The project is located in the vicinity of S.E. 264th Street and 127th Avenue S.E. (CONSENT CALENDAR - ITEM 3I) Meeker Court Apartments. ACCEPTANCE of the bill of sale for Meeker Court Apartments submitted by Pacific Northern Construction for continuous operation and maintenance of 320 feet of sanitary sewer improvements and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located at 24420 64th Avenue S. 2 Kent City Council Minutes March 4 , 1997 PLAT (OTHER BUSINESS - ITEM 4A) Blueberry Farm Preliminary Plat SU-96-9. This date has been set to consider the Hearing Examiner's recommendation for conditional approval of an application by Ekhard Preikschat and James Crozier of RN Parnel Company for a 20-10t single family residential preliminary subdivision. The property is located at S.E. 264 Street (if extended) and 110th Avenue S.E. (if extended) . ORR MOVED to accept the findings of the Hearing Examiner and to adopt the Hearing Examiner's recommendation of approval with forty-six (46) conditions of the Blueberry Farm preliminary subdivision. Woods seconded and the motion carried. POLICE (CONSENT CALENDAR - ITEM 3C) Springwood Substation Lease. AUTHORIZATION for the Mayor to sign the Springwood Substation lease agreement renewal for the term of December 1, 1996, through November 30, 1997 . All terms remain the same. No costs are involved. PARKS & (CONSENT CALENDAR - ITEM 3D) RECREATION Senior Center Roof Replacement. AUTHORIZATION to proceed to bid and establish a budget of $150, 000 for the Senior Center Roof Replacement project, as recommended by the Operations Committee at their February 19 , 1997 meeting. This is to be funded with a transfer of $60, 000 from the unused Kent Commons roof project with the balance of $90, 000 to come from the CIP fund balance. (CONSENT CALENDAR - ITEM 3E) Kent Market Transfer Agreement. AUTHORIZATION for the Mayor to sign an agreement for the trans- fer of the Kent Market from the City of Kent Downtown Partnership, in a form substantially similar to the proposed agreement, as recom- mended by the Parks Committee. (CONSENT CALENDAR - ITEM 3F) Kent Market Use Permit and Service Agreement. AUTHORIZATION for the Mayor to sign an agreement with Kent Downtown Partnership to provide services to the Kent Market, in a form sub- stantially similar to the proposed agreement, as recommended by the Parks Committee. 3 Kent City Council Minutes March 4 , 1997 PARKS & (OTHER BUSINESS - ITEM 4B) RECREATION Riverbend Golf Course Complex Management Proposal. At a special Parks Committee meeting on February 18, the committee made the following recommendations: 1. A. That the City of Kent continue to manage the maintenance of the Riverbend Golf Complex. B. That the City of Kent conduct a Request for Proposal (RFP) process for golf operations management beginning in 1998 . C. That if the RFP process is conducted, the City contract with an outside consultant to develop the RFP and assist in the evaluation process. 2 . That City of Kent staff be allowed to decide its ability to manage the Riverbend Golf Complex and to submit a proposal within the RFP process. Woods asked that No. 2 which reads "That the City of Kent staff be allowed to decide its ability to manage the Riverbend Golf Complex and to submit a proposal within the RFP process" be deleted from consideration, as requested in Parks Director Hodgson' s memo dated March 3 , 1997 . There was no objection. Parks Director Hodgson explained that the Parks Committee asked staff to do an evaluation of options available in terms of managing the golf course, and that that information was presented to the Parks Committee in October. He said there were three options for the city to look at: 1) whether the city could manage it itself, 2) whether management of the golf operation should be recontracted, and 3) whether there could be some type of combination of city con- tract management. He noted that a task force was formed to evaluate the three options, and that in December they recommended to the Parks Committee that the city return as manager of the golf operation. Staff was then asked to take that recommendation and do research as to whether that was feasible for the city to do. He said 4 Kent City Council Minutes March 4, 1997 PARKS & staff looked at it from the standpoint of the RECREATION ability to financially manage the golf course and the ability to contract portions of the golf course in terms of managing it. He said that as a result, at the special meeting staff made the three recommendations which are before the Council in the form of one motion. Hodgson said the city is doing a good job of maintenance of the golf operation, that con- tinuing maintenance is a good idea, and that the city can continue to make the necessary improve- ments to make this a first class facility. He said that conducting an RFP was recommended because the industry has changed and that since other golf courses have been improved or built, the number of rounds played at Riverbend has gone down and the aggressiveness of discounting and that sort of thing are new to the golf industry in this area. He stated that another reason the city should not be involved in managing the golf course is that they do not feel comfortable asking for the $250, 000 to $300, 000 in start up costs it would take to get off the ground. He said that if Council chooses to go to another RFP, in order to make the playing field level it would be imperative to bring in a consultant to help develop and write the RFP and assist whatever team is put together to evaluate that process, noting that this would assure fairness. Hodgson noted that they were asked at the special meeting to put in an RFP, which is prevalent in other parts of the country. He said he has found no evidence of that in this state, and that he does not feel it is in the city' s best interest to do so. WOODS MOVED that the City of Kent continue to manage the maintenance of the Riverbend Golf Complex, that the City of Kent conduct a Request for Proposal (RFP) process for the golf opera- tions management beginning in 1998 , that if the RFP process is conducted the City contract with an outside consultant to develop the RFP and assist in the evaluation process, and that the City Council approve the committee selected to develop the RFP. Houser seconded. 5 Kent City Council Minutes March 4, 1997 PARKS & Woods thanked the Golf Task Force for their work RECREATION and for the confidence they expressed in the City's ability to take back the golf course. She also thanked the Committee and said she believes their recommendation is fair, noting that the golf business has changed radically. Johnson stated that the golf course is a public facility, and that the Council must consider the best interest of the citizens. He said it would be best to go through the RFP process to find the best contractor to deliver the services. Bennett said that expenses on maintenance have far exceeded any other golf courses in the area, and that revenues are going down. He opined that the existing contract is not a good contract for either party, and added that the contractor has put in a lot of hard work. He asked whether the Council would help select the committee, or just approve it. Woods replied that the Committee would consider options and bring it to Council. Bennett noted that this has been in the committee process for approximately six months, and that the $250, 000 figure to manage the golf course is under-estimated and was known six months ago. He offered a friendly amendment to Woods' motion to select a Councilmember to chair a separate com- mittee. Woods reiterated that every action that comes out of the Parks Committee will be brought to Council and therefore does not see the need for another committee. She did not accept Bennett' s friendly amendment. Houser suggested that any Councilmembers can submit names of people who would be interested in being on the committee. Orr noted that she agrees that the Council should approve the com- mittee selected to develop the RFP. She asked for a breakdown of maintenance costs at the golf course, and staff agreed to provide that information. Dr. Joseph Drake, 13476 S.E. 242nd Street, said he would like to see some people of color on all committees, and that he would like to see an RFP for everything including the maintenance of Riverbend. He said he is sure that the main- tenance cost is higher than all other golf 6 Kent City Council Minutes March 4 , 1997 PARKS & courses in the area, and voiced concern about RECREATION subsidizing maintenance. He asked that a committee be formed to look into that, and also that an outside group share information. Bob Woodard, 4914 29th Avenue South, Seattle, Chair of the Ken Griffey Celebrity Challenge, noted that they were unable to have tournaments at Riverbend until the current contractor took over, and that they have had their annual tourna- ment at Riverbend the last two years. He agreed that golf is changing, and said it takes money to get a golf course up to speed and that the revenue coming in should be put back into the course. He said Riverbend is a good course and urged that the current contractor be allowed to continue what he has been doing. Arthur Harvey, 16619 S. E. 251st, President of the Kent Citizens Association, said the current management of Riverbend demonstrates leadership, and that they realized changes needed to be made and met that challenge. He said the current contractor should be retained. Raymond Ward, 20637 92nd Avenue South, said he has been well treated at Riverbend and that the present administration is doing a good job. He said that competition is the reason for lower revenue, which happens with any enterprise. He questioned why bids should be solicited when the current management has brought the course to it' s current position. Doug Schwab, 4819 S. 315th Place, Auburn, noted that he is a frequent user of the golf complex, is a current Riverbend Mens Golf Club Board- member, is past Chairman of the city' s Golf Advisory Board, is current Director of Washington State Golf Association and a recent member of the City of Bellevue' s Golf Management Selection Committee. He urged the Council to vote in favor of the recommendation brought forward by the Parks Committee, as amended. He noted that the Parks Department and Golf Task Force have re- viewed the options available to the City. He said that if there are problems with the current contractor, they will be resolved by authorizing an RFP and making them demonstrate their 7 Kent City Council Minutes March 4, 1997 PARKS & capabilities. He noted that the golf complex has RECREATION come a long way since 1992 and is one of the finest facilities in the northwest, which was accomplished through the management contract with SSMD and the money saved by keeping rates the same. He outlined the improvements which have been made. He said that having everyone who works at the golf complex be city employees who report to the Parks Director lacks both financial and operational merit. He said John Hodgson and Pete Peterson are in charge of what goes on at the golf complex and that the City has not given up their authority over the golf course. He urged that John Hodgson manage the golf course and said that SSMD should have no problem com- peting for the privilege of serving the citizens of Kent and users of the golf complex. Brett Wilkinson, 2601 188th Avenue S.E. , head golf professional at Riverbend, said that the atmosphere at the golf complex in 1992 was pitiful and that staff was uncooperative. He said the atmosphere is now one of the best around. He noted that creativity and competi- tion are required and that SSMD has been very innovative. He pointed out that two junior golfers, Aaron Kurth and Andy Turnis, have gone through their program and have signed letters of intent to attend colleges where they will play four years of golf and receive a quality educa- tion. He said that everyone at SSMD has a caring attitude, and that some put in up to 100 hours a week. Aaron Kurth, 31220 28th Avenue South, Federal Way, said he is employed by Mr. Stone and that without the environment around him at the golf complex, he would not have the opportunity he has now. He expressed appreciation to Mr. Stone and Mr. Wilkinson for their help and said he would like to see them stay. John Duncalf, 11802 53rd Avenue South, Seattle, said the City is very lucky with what they have now and that they should look at competitive service as well as dollars. He said consumers are very well served at Riverbend and noted that he is aware of two tournaments which have moved to Riverbend because of the excellent treatment they receive. 8 Kent City Council Minutes March 4 , 1997 PARKS & Jim Stone expressed appreciation for the good RECREATION things people have said and commended the employees of the golf complex for their work. He said he receives many letters of thanks for the service delivered during tournaments. He said they have done things which enable them to strive for excellence, not just what is in their contract. He noted that there has recently been an audit which resulted in no type of adversity, and said he welcomes audits because even better controls result. He said SSMD is capable and willing to continue their service, and that they would like to fulfill their goals and objectives. He read the goals which were established when they got the contract: ,to upgrade the quality of service, increase revenue to the City, and enhance the overall image of the entire golf complex in the Puget Sound region. Our philoso- phy in doing this is that quality service is our main product, the by-product of our service will be patronage. " He said although they prefer a negotiated situation, they will participate in the RFP process, and asked Councilmembers to keep an open mind as to what is best for the golf course and the City of Kent. He said they are ready to continue to serve and hope for a long and lasting relationship. Johnson stated that the RFP process will allow for competition and for exploring alternatives, and noted that the existing contractor and his employees would not be here today if not for an RFP process. He said that operationally the golf course pays for itself no matter who runs it. He said the property was purchased for open space and ball parks, and that the 9-hole and the driving range were failing before the City bought them to preserve open space. He said the Council then built the golf course for additional recrea- tion for citizens. He reiterated that it makes sense to go through an RFP process, and that the ultimate winners will be the golfers and citizens of Kent. Upon a roll call vote, Woods' motion carried unanimously. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through February 14 and paid on 9 Kent City Council Minutes March 4 , 1997 FINANCE February 14 , 1997, after auditing by the Operations Committee on February 19 , 1997 . A royal of checks issued for vouchers: Date Check Numbers Amount 02/13/97 179792-180085 $ 913 , 330. 40 02/14/97 180086-180860 919 . 888.44 $1, 833 , 218 . 84 Approval of checks issued for payroll for February 1 through February 15, 1997 and paid on February 20, 1997 : Date Check Numbers Amount 02/20/97 Checks 217639-217970 $ 636, 179 . 46 02/20/97 Advices 43071-43544 245 . 027 .77 $ 881, 207 . 23 REPORTS Council President. Houser announced a workshop to be held next Tuesday, March 18th at 5: 30 p.m. regarding the RTA Rail Station. She noted that the consultant for the Downtown Plan will attend. Houser asked that Councilmembers interested in attending the Suburban Cities meeting on March 12 contact Ms. Banister. Houser announced that the Regional Justice Center will hold an appreciation award ceremony at noon on March 14th at Kent Commons and a ribbon cut- ting ceremony will be held at the Regional Justice Center at 1: 30. She noted that public tours of the facility will be held from 10: 00 to 5: 00 p.m. on March 15 and from 10 : 00 to 4 : 00 on March 16. Houser noted that there will be an Open House and Dedication Ceremony for King County Medic 7 on Saturday, March 15th, from 10: 00 a.m. to 1: 00 p.m. , with a formal ceremony at 11: 00 a.m. and refreshments to follow at Station 76, 20676 72nd Avenue South. Operations Committee. Johnson noted that the Operations Committee meeting scheduled for March 5th has been cancelled. Public Works Committee. Clark noted that the Committee will meet at 3 : 30 p.m. March 5th. 10 Kent City Council Minutes March 4 , 1997 REPORTS Planning Committee. Orr noted that the Committee will meet at 4 : 00 p.m. on March 18th. Administrative Reports. McFall noted that a petition was received on February 20th for an area known as the Meridian Valley Annexation, and that the petition has been reviewed and certified as sufficient, with signatures of property owners representing 63% of the assessed valuation of the area to be annexed. He added that the Notice of Intent has been submitted to the Boundary Review Board and explained that they have 45 days to decide whether or not they will take jurisdiction of the matter. He stated that a proposed budget reviewing the revenues and expenses from the annexation area is being prepared and will be presented to Council in April . ADJOURNMENT The meeting adjourned at 8 : 15 p.m. Brenda Jaco}�er, CMC City Clerk 11 Kent City Council Meeting Date March 18 , 1997 Category Consent Calendar 1. SUBJECT: LID 348 - 64TH AVENUE SOUTH (S. 226-S. 216) STREET IMPROVEMENTS - RESOLUTION 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, adoption of Resolution No. N RR setting April 15, 1997, as the date for a public hearing on the formation of LID 348 - 64th Avenue South Street Improvements. 3 . EXHIBITS: Resolution, Public Works Committee Minutes, Public Works Director memorandum and vicinity map 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3C CITY OF KENT, WASHINGTON RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order the construction of 64th Avenue South from approximately 200 feet north of South 226th Street to South 216th Street , including miscellaneous intersection improvements at the intersection of 64th Avenue South and West Meeker Street and a water main line extension to complete water main loop on 64th Avenue South and water and sewer stub extensions to unserviced property, and to create a local improvement district to assess the cost and expense of carrying out those improvements against the properties specially benefited thereby; and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on April 15 , 1997 . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows : Section 1 . It is the intention of the City Council of the City of Kent , Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof , by the construction of 64th Avenue South from approximately 200 feet north of South 226th Street to South 216th Street, including miscellaneous intersection improvements at the intersection of 64th Avenue South and West Meeker Street and a water main line extension to complete water main loop on 64th Avenue South and water and sewer stub extensions to unserviced property, as more fully described in Exhibit B, attached hereto and by this reference made a part hereof . All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Director of 0280373.02 Public Works of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements . Section 2 . The total estimated cost and expense of the improvements is declared to be $1, 967, 374 . 71, and the entire cost and expense of the improvements shall be borne by and assessed against the property specially benefited by the improvements to be included in a local improvement district to be established embracing as nearly as practicable all the property specially benefited by the improvements . Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. Section 3 . The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least 15 days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the King County Assessor at the address shown thereon, as required by law. The City Clerk also is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property outside of the proposed local improvement district that is required by the Federal Housing Administration as a condition of loan qualification to be connected to the proposed improvements, by mailing such notice at 0280373.02 -2- least 15 days before the date fixed for the public hearing to the owner or reputed owner of the property as shown on the rolls of the County Assessor at the address shown thereon, as required by law. This resolution also shall be published in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing. Section 4 . All persons who may desire to comment in support of or object to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7 : 00 p.m. on April 15 , 1997 , which time and place are fixed for hearing all matters relating to the improvements and all comments thereon or objections thereto and for determining the method of payment for the improvements . All persons who may desire to comment thereon or object thereto should appear and present their comments or objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. 0280373.02 -3- Section 5 . The City' s Director of Public Works is directed to submit to the City Council on or prior to April 15, 1997, all data and information required by law to be submitted. Passed at a regular open public meeting by the City Council of the City of Kent, Washington, this 18th day of March, 1997 . Concurred in by the Mayor of the City of Kent this day of March, 1997 . JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: yw4g.r.,,,, 6,-a FOSTER PEPPER & SHEFELMAN Special Counsel and Bond Counsel 0280373.02 -4- EXHIBIT 'A' LID 348 Boundary Description The southeast quarter of Section 11, Township 22 North, Range 4 East, W.M., EXCEPT the south 100.00 feet of the north 7 10.00 feet of the East half of the northeast quarter of said southeast quarter AND EXCEPT the south 101.50 feet of the north 811.5 feet of the east 303.84 feet of said east half of the northeast quarter of the southeast quarter AND ALSO EXCEPT the west 600.00 feet of the east 650.00 feet of the north 264.00 feet of the south 528.00 feet of the north three-quarters of the east half of said southeast quarter AND ALSO EXCEPT Beginning 30.00 feet west and 1980.00 feet south of the northeast comer of said southeast quarter; thence west 630.00 feet; thence north 264.00 feet; thence east a distance of 630.00 feet; thence south 264.00 feet to beginning AND ALSO EXCEPT the east 523.00 feet measured parallel with and from the west line of West Valley Highway of the north 159.00 feet measured parallel with and from the north line of the south half of the southeast quarter of said southeast quarter AND ALSO EXCEPT Beginning at a point on the east line of the west half of the east half of the southeast quarter in Section 11, Township 22 North, Range 4 East, which point lies 2116.70 feet north of the south line of the said southeast quarter being the True Point of Beginning of property herein described; thence North 89°57'50" West a distance of 620.00 feet to a point on the east right-of-way line of 64th Avenue South; thence South along said right-of-way line a distance of 100.00 feet; thence South 89°5T50" East to a point which lies 170.00 feet west of the east line of said west half; thence southeasterly to a point on the east line thereof which point lies 170.00 feet south of the True Point of Beginning; thence North along the east line thereof 170.00 feet to the True Point of Beginning AND ALSO EXCEPT that portion of property in the southeast quarter of Section 11, Township 22 North, Range 4 East platted as Northwest Business Park Phase I in Volume 128 of plats pages 58 thru 61 AND ALSO EXCEPT any portions of the above described property lying within any public rights-of-ways. EXHIBIT 'B' LID 348 64TH AVENUE STREET IMPROVEMENTS (S 226TH ST TO S 216TH ST) STREET LMPROVEMEiYTS The proposed project is the construction of 64th Avenue South from approximately 200 feet north of South 226th Street to South 216th Street. The project includes the following improvements: 1. A 58 foot roadway(face of curb to face of curb)which will be a five lane road with no on- street parking. 2. Cement concrete curb and gutter on both sides. 3. Cement concrete sidewalks on both sides. 4. Storm drainage system. 5. Street lighting system. 6. Signing and channelization. 7. Hydroseeding of unpaved areas. 8. Street trees and grass planting strips. Also included are miscellaneous intersection improvements at the intersection of 64th Avenue South and West Meeker Street. UPi rL=IMPROVEMENTS Water main line extension to complete water main loop on 64th Avenue South. Water and sewer stubs to unserviced property. I , BRENDA JACOBER, City Clerk of the City of Kent, Washington, certify that the attached copy of Resolution No. is a true and correct copy of the original resolution adopted on the 18th day of March, 1997, as that resolution appears on the Minute Book of the City. DATED this day of March, 1997 . Brenda Jacober, City Clerk 0280373.02 PUBLIC wORIGS COMMITTEE March 5, 1997 PRESENT: Tim Clark Gary Gill Christi Houser Merrill Vesper Connie Epperly Robyn Bartelt LID 348 64th Avenue South Street Improvements (S 226th St to S 216th Stl "`VVV Gary Gill explained that this project has been in our planning process since the early '80s. The need for the 64th Ave construction was identified in 1980 as part of the valley studies program. In 1989 the City actually formed an LID to construct a portion of that project. The section that was not constructed during that time was between S. 226th St and S. 216th St. which lies adjacent to the City's Green River Natural Resource Area. That portion was eliminated because of the environmental impacts the construction would create on the wildlife habitat existing on site. Gill said since that time the City has completed construction of the first phase of that project and we are now going to put in some of the landscaping and other features associated with that project. Gill said this is an appropriate time to move forward with completion of this missing section of 64th Avenue. Gill said that this section has been shown as a key link in our 6 Year Transportation Improvement Program and is also part of our Capital Facilities element of our Comprehensive Plan. He noted that completion of 64th Ave is an important part of the City meeting the concurrency requirements for transportation improvement projects in the valley floor industrial area. Gill noted that this will complete a very important link in the construction of a major arterial roadway from S. 212th to Meeker St. Gill further explained that we have put together draft plans for this portion of the roadway and all the property owners have been notified. The estimated cost for construction is approximately $2 Million of which the City's portion is about one-half of the project cost. Gill said, of the remaining portion which is a little over $1 Million, we have LID covenants or commitments from three of the affected properties which makes up about 51.86% of the amount of the assessments associated with this LID. He said we are also looking at whether or not some additional improvements might be needed at the intersection of Meeker St & 64th Ave. Once this link is opened, there may be a need to put in an additional turn lane. He said this is being reviewed in conjunction with the redevelopment of the property on the northwest comer at Meeker &64th. The developer is required to do some improvements on that site with regard to 1 the roadway. We are trying to work out an arrangement where part of that can be done in this LID, however we are not certain it will go forward at this time. Gill said everything to the north between 216th and 226th is definitely going to be part of this proposed LID project. Gill asked the Committee to support moving this forward to full Council to authorize adoption of a Resolution of Intent to create this LID. Tim Clark asked what the response was from the remaining property owners. Merrill Vesper explained that out of seven property owners other than the City, three property owners attended a property owner meeting and one who was a representative of a fairly large development,was very much in support of this project. Vesper stated that another smaller business owner has known that this project is coming thru and they were surprised at the actual amount of their assessment. Vesper noted that there is one other property undeveloped and the owner had some wetland concerns on his site and wanted to know to what degree he would benefit. Gill said that all of the property owners have been well aware of this for several years. Vesper explained that we originally formed LID 330 to build 64th Ave and it included this area. These properties were actually in an LID and then dropped out in the final assessment roll. In response to Clark, Vesper said all the property owners are notified and advised of a property owner meetings. Mrs. Rust asked if the City was aware of the wetland on one of those properties. Gill explained that wetlands are shown on an inventory and the wetlands in question here have already been mitigated as part of the Green River Natural Resource Enhancement Area. He said that we have received a Corps of Engineers 404 permit as part of the Green River project and that included the construction of 64th Avenue. Committee unanimously recommended passage of a Resolution of Intent for the creation of LID 348. King County Grant Agreement - SpedWL&CYding Gill stated that as part of the King County Solid Waste Management Program, the City and King County have adopted a Comprehensive Solid Waste Management Plans which includes waste reduction goals and the City has active recycling program. As a part of that plan the County Solid Waste Division established a City Optional Program and as part of that program, they have funds available for local agencies to sponsor recycling events to take in materials that are not normally picked up as part of the City's curbside recycling program. 2 DEPARTMENT OF PUBLIC WORKS March 5, 1997 TO: Public Works Committ e FROM: Don Wickstrom RE: LID 348 - 64th Avenue South Street Improvement (S. 226th Street to S. 216th Street) BACKGROUND The transportation element of the 1980 Valley Studies program identified 64th Avenue South as a future collector arterial route essential for development of this portion of the valley floor. In 1989 LID 330 was formed to construct and improve 64th Avenue. However that portion between South 226th Street and South 216th Street was deleted and deferred until the Valley Detention and Enhanced Wetland Project (Lagoon Conversion Project) adjacent thereto occurred. With the advent of the Growth Management Act this missing link of 64th Avenue has taken on new importance with respect to meeting the City's transportation concurrency requirement. The completion of this missing link is identified in the City's adopted Comprehensive Plan and is included in the City's financially balanced 6 Year Transportation Capital Improvement Program. With the Valley Detention and Enhanced Wetland Project nearly complete, completion of this missing link of 64th Avenue can now occur. As such, on February 25, 1997 the Public Works Dept. held an informal meeting with the affected property owners. The meeting was attended by three of the seven owners other than the City. Nobody voiced objection to implementing the LID to complete the street. One owner voiced support and is looking forward to the street being completed. Another knew the project would happen someday but was surprised at the amount of the assessment. The third owner is concerned since his property in undeveloped and appears to contain wetlands so he is uncertain regarding his benefit, especially if his development proposal is rejected. PROPOSED IMPROVEMENTS The proposed project is the construction of 64th Avenue South from approximately S. 226th Street to S. 216th Street. The project includes the following improvements: 1. Five lane roadway 58' curb to curb, two lanes each direction with turn lanes. 2. Curb and gutter. 3. Cement concrete sidewalks on both sides. 4. Storm Drainage system 5. Street lighting 6. Street trees and grass planting strips 7. Sanitary sewer; water main extensions; stubs as required 8. Channelization and signing PROJECT FUNDING The project is proposed to be funded (100%) by the Local Improvement District (Number 348). The current cost estimate is as follows: Street $1,806,464.65 Water main 146,208.80 Sanitary Sewer 14,701.26 LID TOTAL $1,967,374.71 Because the City of Kent is a property owner within the LID, its share of the assessments is $961,053.08 or 49% of the total project cost. Monies for same have been budgeted in the respective Water and Drainage Capital Improvement Programs. SUPPORT FOR LID 348 To defeat an LID proposal,there must be protest from property owners representing 60 percent or more of the proposed LID assessments. By law, the assessment on City property cannot be included in figuring the protest percentage. As such the total project cost for calculating protest percentage is $1,006,321.63 for which the 60% protest amount would be $603,792.98. As indicated previously at the informal public meeting there appeared to be property owner support for the project. Further of the $1,006,321.63, 51.86% thereof is obligated to participate in this street improvement LID via executed no-protest covenants. The final decision however of whether or not to form the LID up to City Council. Properties that have executed no protest covenants are assessment numbers 2,3 and 9. RECOMMENDATION Due to the level of interest including committed support (by agreement) for the project, and the fact that this project is a critical link per meeting the City's transportation concurrency requirement for this area of the City, the Public Works Department recommends proceeding with the LID formation process for LID 348. ACTION: Recommend passage of the Resolution of Intent for the creation of LID 348. -+ BCD CD CIO CTA W N � D O z N N N O N N N N N N N x NNN CA NNNNNNN O O O N Cl 0 0 0 0 0 0 O 0 A A A A A A A A A A 0 CO 0 Cl D A0 0 O O O O 0 0 0 CD O O 0 0V _ O ? 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':'i"' "` :.:>:>#�::<: >3:k::S:>.;.. :ter`: � _ l::iv:::.i>i:v'vii:i:)i:4ft:�i :y'• '': W 57 PROPOSED 12 W.M. €> >:. i`•. 8 . 9 'i U F- O I S. 226TH ST. EXISTING 12" W.M. u� w vi a w = Q 00 = cc v co I L- - � - I _ 348 64TH AVE S. IMPROVEMENTS WATER ASSESSMENT I S. 228TH ST. r Kent City Council Meeting Date March 18, 1997 Category Consent Calendar 1. SUBJECT: KING COUNTY GRANT AGREEMENT - SPECIAL RECYCLING EVENTS �.... /1TTnwTTl1}1 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign the King County Grant Agreement for Special Recycling Events, and direct staff to accept the grant and establish a budget in the amount of $12 , 074 . 00. 3 . EXHIBITS: Grant agreement, Public Works Committee minutes, and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE .OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3D DEPARTMENT OF PUBLIC WORKS March 5, 1997 TO: Public Works Committee FROM: Don Wickstrom �0) RE: IGng County Grant Agreement - Recycling IGng County and the City of Kent have adopted the IGng County Comprehensive Solid Waste Management Plan which includes waste reduction goals. In order to help meet these goals, the IGng County Solid Waste Division has established the City Optional Program. This program funds projects that enable citizens to recycle materials not included in curbside collection programs. We have received an Agreement for funding from IGng County for the operation of two Special Recycling Events. The total budgeted funding under this Agreement is $12,074.00 ACTION: Authorize the Mayor to sign the grant agreement and direct staff to accept the grant and establish a budget for $12,074.00. the roadway. We are trying to work out an arrangement where part of that can be done in this LID, however we are not certain it will go forward at this time. Gill said everything to the north between 216th and 226th is definitely going to be part of this proposed LID project. Gill asked the Committee to support moving this forward to full Council to authorize adoption of a Resolution of Intent to create this LID. Tim Clark asked what the response was from the remaining property owners. Merrill Vesper explained that out of seven property owners other than the City, three property owners attended a property owner meeting and one who was a representative of a fairly large development,was very much in support of this project.. Vesper stated that another smaller business owner has known that this project is coming thru and they were surprised at the actual amount of their assessment. Vesper noted that there is one other property undeveloped and the owner had some wetland concerns on his site and wanted to know to what degree he would benefit. Gill said that all of the property owners have been well aware of this for several years. Vesper explained that we originally formed LID 330 to build 64th Ave and it included this area. These properties were actually in an LID and then dropped out in the final assessment roll. In response to Clark, Vesper said all the property owners are notified and advised of a property owner meetings. Mrs. Rust asked if the City was aware of the wetland on one of those properties. Gill explained that wetlands are shown on an inventory and the wetlands in question here have already been mitigated as part of the Green River Natural Resource Enhancement Area. He said that we have received a Corps of Engineers 404 permit as part of the Green River project and that included the construction of 64th Avenue. Committee unanimously recommended passage of a Resolution of Intent for the creation of LID 348. King_County Grant Aereement imperial Rer ,cling Gill stated that as part of the King County Solid Waste Management Program, the City and King County have adopted a Comprehensive Solid Waste Management Plans which includes waste reduction goals and the City has active recycling program. As a part of that plan the County Solid Waste Division established a City Optional.Program and as part of that program, they have funds available for local agencies to sponsor recycling events to take in materials that are not normally picked up as part of the City's curbside recycling program. 2 Gill explained that this Agreement provides funding up to a maximum of $12,074 to sponsor two recycling events this year and it defines the type of materials which can be collected at these events. Gill requested authorization for the Mayor to execute this agreement. Robyn Bartelt, Conservation Specialist, noted that the City is encouraging people to also bring in any storm debris they have left. Committee unanimously recommended authorizing the Mayor to sign the grant agreement and direct staff to accept the grant and establish a budget for $12,074.00. Meeting adjourned: 4:15 p.m. 3 Contract# D 23837 D INTERLOCAL AGREEMENT Between KING COUNTY and the CITY OF KENT This Interlocal Agreement(hereinafter referred to as the Agreement)is executed between King County, a political subdivision of the State of Washington, and the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. This Agreement has been authorized by the legislative body of each party as designated below: King County Motion No. 8857 City PREAMBLE King County and the City of Kent have adopted the King County Comprehensive Solid Waste Management Plan, which includes waste reduction goals. In order to help meet these goals, the King County Solid Waste Division has established the City Optional Program. The program funds projects that enable citizens to recycle materials not included in curbside collection programs. The City wishes to spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. Cities applying for city optional funds must agree to organize a minimum of one Special Recycling Event where at least four items from the following list of eleven must be collected at each event: •Polycoated Paperboard • PET &HDPE Plastic Containers • #3-7 Plastics •Bulky Wood Waste (>3" diameter) • Clean Wood (untreated) • Appliances • Ferrous Metals •Non-ferrous metals • Textiles •Reusable Household Goods • Tires L PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Kent from the County for the operation of two Special Recycling Events. 1 11 RESPONSIBILITIES OF THE PARTIES The responsibilities of the parties to this Agreement shall be as follows: A. The City 1. Funds provided to the City by the County pursuant to this Agreement shall be used to sponsor two special events for the collection from City residents of recyclable materials not included in household collection programs and consistent with the scope of work and budget attached hereto as Exhibit A 2. The City will submit to the County reimbursement requests no later than ninety (90) days following the event in a format specified by the County. The City shall be required to maintain records of where collected materials are sold or processed to guarantee that all the collected materials are either reused or recycled and to verify the amounts collected. The reimbursement request shall be accompanied by an event report which shall include information on the amount of each material collected, the number of vehicles attending, the total cost for each budget item and the amount of that cost for which reimbursement is requested. The reimbursement request shall be accompanied by receipts for verification of expenses. In the event that the City hires a consultant to manage, plan, or staff the City's events, the City will provide documentation from the consultant of the number of hours spent on the event by task and the hourly rate associated with each task. 3. The City will provide the King County Recycling Information Line and the King County Project Manager with the date, location and copies of any printed material used to publicize the event as soon as they are available, but no later than thirty (30) days prior to the event. In the event there is any change in the date or the location of the event, the City will notify the County a minimum of thirty(30) days prior to the event. The City agrees that the event will be open to all King County residents and the County has the right to publicize the event for the benefit of all County residents. 4. The City shall comply with the Minority and Women's Business utilization provisions of King County Code Chapter 4.18, and amendments thereto, attached to the City's copy of the Agreement as Exhibit B and incorporated herein by reference to the other two copies of this Agreement. 5. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 6. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. 2 7. This project shall be administered by Robyn Bartelt, Conservation Specialist, for the City of Kent, at 220 Fourth Avenue South,Kent, WA 98032, or designee. 8. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 9. The City shall maintain accounts of the direct and indirect costs of these events and of the data used for evaluation of the events pursuant to Section H. A 2 of this Agreement for a period of at least six years. These accounts shall be subject to inspection, review or audit by the County and/or by federal or state officials so authorized by law. 10. The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for the Special Recycling Events which have been funded through the City Optional Program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the piece. B. Coun : The responsibilities of the County pursuant to this Agreement are as follows: 1. Within forty-five(45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment(s) for activities and/or expenditures which were not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 2. This project shall be administered by Bill Smith, Project Manager or designee specified by the King County Solid Waste Division. 3. The County will not provide Special Recycling Events within the corporate limits of the City. The County will coordinate the timing and locations of its Special Recycling Events with those of the City to avoid overlap whenever possible. 4. Funding is based on the total amount of King County funds budgeted for Special Recycling Events and is allocated on the basis of a$4,000 base amount plus a per capita distribution. The City of Kent budgeted allocation for 1997 is $12,074. 3 5. The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces which were produced by the City. III. DURATION OF AGREEMENT This Agreement shall become effective on January 1, 1997 and shall terminate on December 31, 1997. IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III upon thirty(30) days advance written notice. B. This Agreement may be terminated by either parry, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice. Reasons for termination for cause include: but are not limited to, nonperformance, misuse of funds, failure to meet grant related eligibility and failure to provide grant related reports/invoices as specified in Section II. A. 2. C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2)the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. V. AMENDMENTS This Agreement may be amended only by written agreement of both parties. Funds may be moved between tasks in the scope of work attached as Exhibit A only upon written or verbal request by the City and written or verbal approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope(s) and falls within the activities described in the scope. VL HOLD ElARpALESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind 4 whatsoever(hereinafter "claims")brought against the County arising out of or incident to the City's execution of performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. VII. INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance is attached to this Agreement as Exhibit C, unless Section VII. B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the above insurance requirements, a written acknowledgement of self- insurance is attached to this Agreement as Exhibit C. VIM ENTIRE CONT tACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. IX. TIME IS OF THE ESSENCE The County and the City recognize that time is of the essence in the performance of this Agreement. X. SEVERABILITY If any section, subsection, sentence, clause or phase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 5 XL NOTICE IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: city King County Accepted for King County Executive BY (Title) Director of Natural Resources Date Date Pursuant to Pursuant to Motion No. 8857 Approved as to form: Approved as to form: City Attorney King County Prosecuting Attorney Date Date 6 EXHIBIT A CITY OF KENT 1997 SPECIAL COLLECTION EVENT SCOPE OF WORK AND BUDGET 1. PROJECT TITLE AND SCHEDULE: A)Event Name: Kent Special Collection Event B)Projected Event Date: Spring and Fall, 1997 C)Event Hours: 9 am to 3 pm D)Event Location: Russell Road Park 2. PROJECT MANAGERS: A) City Contact: Robyn Bartelt Conservation Specialist City of Kent 220 Fourth Avenue South Kent, WA 98032 TEL - 859-6573 FAX- 859-3559 B) Outside Consultant Paul Devine Pacific Energy Institute 101 Yesler Way, Suite 606 Seattle, WA 98104 TEL - 628-0460 FAX - 628-0953 3. PROJECT ACTIVITIES A)Number of Events: Two B)Materials to be collected: 1)Bulky Yard Waste 8) Used Motor Oil Filters 2) Clean Scrap Wood 9) Used Petroleum Based Products 3) Appliances 10) Used Antifreeze 4)Ferrous Metals 11)Used Lead Acid Batteries 5)Non-ferrous Metals 12)Used Tires 6) Textiles 13)Reusable Household Goods 7)Used Motor Oil 14)Used Household Batteries C)Education Programs: The following educational materials will be distributed: 1) Information on City Recycling Programs 2) Local Hazardous Waste Management Plan Educational Materials produced by METRO 3) Other educational materials. D)Event Promotion: Event promotion will be accomplished by one or more of the following ways: 1)By distributing a promotional flyer through direct mailings or City utility bills. 2)By notices in City/community newsletters. 3)By distributing a promotional flyer to City Centers. 4)By posting a notice at City Hall and on the City cable channel (if available). 5) By publicizing the event through the King County Solid Waste Division Promotional Activities and local newspapers. E)Event Staffing: Key personnel will include the Conservation Specialist, City staff, consultant staff, and volunteers. The event greeter, education personnel, and traffic control personnel positions will be filled by experienced qualified individuals. 4. PROJECT BUDGET A) Solid Waste Division Budget: S12,074.00 .Budget Catagory Estimated COP LHWMP Total Quantity Funds Funds Costs City Staff ------ - $900.00 $2 000.00 $2 900.00 Consultant Staff $4 377.00 $10 000.00 $14 377.00 Collection/Hauling Costs Wood Waste I 30 tons $1 800.00 $0.00 $1 800.00 Scrap Metal/ pliance 40 tons $2 500.00 $0.00 $2 500.00 Tires 13 tons $0.00 $2 000.00 $2 000.00 Used Oil/Filter/etc. 10 tons $0.00 $1 200.00 $1 200.00 Batteries 12 tons $0.00 $250.00 $250.00 Household Batteries .5 tons $0.00 $2 000.00 $2 000.00 Garbage 2 tons $200.00 $200.00 $400.00 Printing/Ma flin $600.00 $2 500.00 $3 100.00 Event Supplies $100.00 $150.00 $250.00 Other Expenses $997.00 $5 005.00 1 $6 002.00 Temp Helpers $600.00 $800.00 1 $1,400.00 TOTALS $12 074.00 $26 105.00 IS38.17Q.00 5. PROJECT EVALUATION Kent will provide the following information to the County for project evaluation: A) The number of carloads arriving at the event. B) The volume of each material collected. C)Event cost by budget category. D)Event comments. E) Comparison of 1997 volumes and vehicles with prior years events. Kent City Council Meeting Date March 18 . 1997 Category Consent Calendar 1. SUBJECT: SURPLUS OF BEESON/CAVENDAR HOUSE - AUTHORIZATION 2 . SUMMARY STATEMENT: As approved by the Parks Committee, authorization to surplus, demolish, and remove the Beeson/ Cavendar house for construction of a parking lot for the future Kent Historical Museum. 3 . EXHIBITS: Site plan 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E i K I I I I 1 m � • i ar I i I I I I IPm I I Z ! I I I I I IICI I I ❑ 1 1 I a ALLEY ' >rea'< CW c I •� @� • m Im m m m IL i I - - � 1 lb.5 I �2' ! � a ❑ I , I I I I II I I I I I l�L i�;�€ A 1. I I I 9 y 1 BERErrER HOUSE Tonkin/Hoyne/Lokan 855 E. 51(ITN SI'.. KENT ..4 u.•.e os«•n 0 3Rge• S - aid 6 CITY OF KENT wx roa• «x.«., x..w...w«ux w« •� ILSBDYL�9X nMxC dal w iwx/ru Iq at: +« Kent City Council Meeting Date March 18 , 1997 Category Consent Calendar 1. SUBJECT: CIVIL SERVICE COMMISSION - APPOINTMENT 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Tim Gimenez to serve as a member of the Kent Civil Service Commission. Mr. Gimenez and his family are Kent residents and his children attended Kent Schools. He is the owner of TJls Sports Cards on Meeker Street where he has been in business for eight years. He currently serves on the Board of Directors of the Kent Downtown Partnership and has served as a member of CBAG, a Regional Justice Center Citizen Advisory group. He will replace Mike Pattison, who resigned, and his term will continue until 4/30/98 . 3 . EXHIBITS: Memorandum 4 . RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3F MEMORANDUM TO: CHRISTI HOUSER, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYO DATE: MARCH 12, 1997 SUBJECT: APPOINTMENT TO THE KENT CIVIL SERVICE COMMISSION I have recently appointed Tim Gimenez to serve as a member of the Kent Civil Service Commission. Mr. Gimenez and his family are Kent residents and his children attended Kent Schools. He is the owner of TJ's Sports Cards on Meeker Street where he has been in business for eight years. He currently serves on the Board of Directors of the Kent Downtown Partnership and has served as a member of CBAG, a Regional Justice Center Citizen Advisory group. He will replace Mike Pattison, who resigned, and his term will continue until 4/30/98. I submit this for your confirmation. JW:jb Kent City Council Meeting Date March 18 , 1997 Category Consent Calendar 1. SUBJECT: ARTS COMMISSION - APPOINTMENT 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appoint- ment of Lilly Y. Kato to serve as a member of the Kent Arts Commission. Ms. Kato was born and raised in Kent. Moving from a farm in the Kent Valley, Ms. Kato and her family currently reside on the East Hill in Kent and her children attended Kent schools. She had a career in real estate sales until her retirement in 1990. Through the years she has been active in PTA, 4-H, is active in the Kent-Kaibara Sister City Association, and is associated with the White River Buddhist Temple where she serves as President of the Women's Association. She is on the Board of Directors of the Kent Historical Society and is involved in the "Public Artwork to Honor the Japanese-American Community" project. Ms. Kato will replace Leigha Connor, who resigned, and her appointment will continue until 10/99 . 3 . EXHIBITS: Memorandum 4 . RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: - Council Agenda Item No. 3G MEMORANDUM TO: CHRISTI HOUSER, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOR `t-r` DATE: MARCH 12, 1997 SUBJECT: APPOINTMENT TO THE KENT ARTS COMMISSION I have recently appointed Lilly Y. Kato to serve as a member of the Kent Arts Commission. Ms. Kato was born and raised in Kent. Moving from a farm in the Kent valley,Ms. Kato and her family currently reside on the East Hill in Kent and her children attended Kent Schools. She had a career in real estate sales until her retirement in 1990. Through the years she has been active in PTA, 4-H, is active in the Kent-Kaibara Sister City Association, and is associated with the White River Buddhist Temple where she serves as President of the Women's Association. She is on the Board of Directors of the Kent Historical Society and is involved in the "Public Artwork to Honor the Japanese-American Community" project. Ms. Kato will replace Leigha Connor,who resigned, and her appointment will continue until 10/99. I submit this for your confirmation. JW.jb 1,.1,E Kent City Council Meeting Date March 18, 1997 Category Consent Calendar 1. SUBJECT: JAIL SERVICES CONTRACT WITH CITY OF BONNEY LAKE - AUTHORIZATION 2 . SUMMARY STATEMENT: Authorization to enter into a Jail Services Contract with the City of Bonney Lake for handling their Electronic Home Detention and Work Release individuals. All costs associated with the contract are covered by the fees charged for the individuals to participate. There will be no impact to the Corrections Facility general population. 3 . EXHIBITS: Contract, memo 4 . RECOMMENDED BY: Staff and Public Safety Committee 2/18/97 (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3H KENT POLICE DEPARTMENT MEMORANDUM TO: MEMBERS OF THE PUBLIC SAFETY COMNIITTEE Jim Bennett, Chair Tim Clark Leona Orr FROM: Ed Crawford, Chief of Police DATE: February 14, 1997 RE: Proposed Jail Services Contract with Bonney Lake Attached you will find a copy of a proposed Jail Service Contract with the City of Bonney Lake. We ask that approval of the contract be placed on the February 18, 1997, Public Safety Committee agenda as other business. Thank you. ' \� kir �� i � , RENT POLICE DEPARTMENT CSic�� February 13 , 1997 TO: Chief Ed Crawford A` FROM: Captain Charles E. Miller SUBJECT: Proposed Bonney Lake Contract Attached is a proposed contract with Bonney Lake for our handling of their Electronic Home Detention and Work Release individuals. I would like to present this to the Public Safety Committee on f February 18 , 1997 . CONTRACT FOR JAIL SERVICES In accordance with the Interloca_ Cooperation Act (RCW Chapter 39 . 34) and the City and County Jails Act (RCW Chapter 70 . 48 , as amended) , the City of Kent , Washington, a municipal corporation, hereinafter referred to as "City of Kent' and the City of Bonney Lake , a municipal corporation of the State of Washington, hereinafter referred tc as "Purchaser" , hereby agree to enter into this service contract as follows : I . DEFINITIONS Unless the context clearly shows another usage is intended, the following terms shall have these meanings in this contract . A. "Kent Corrections Facility" means a place, owned and operated by the City of Kent primarily designed, staffed, and used for the housing of adults charged with a criminal offense ; for the punishment and correction of offenders after conviction of a criminal offense; or for confinement and/or holding during a criminal investigation of a civil detention to enforce a court order . As of the date of the execution of this agreement , "Facility" includes the City of Kent Corrections Facility, at 1230 Central Avenue South, Kent , Washington, operated by t o City of Kent pursuant to this contract . B . "Prisoner" means a person held when a charge of Purchaser municipal corporation is the principal basis for confining that person (e . g . , the person is confined by reason of an ordinance violation--pre-trial or post-trial) . It includes , but is not limited to, (a) a prisoner arrested by and booked on behalf of a police officer of Purchaser by reason of an "open charge" or investigation of a felony; or a prisoner detained for Purchaser after a City of Kent "hold" has been released; (b) , t includes an individual arrested by a police officer of Purchaser and booked and housed in the Kent Corrections Facility. C . "Work release" means a program of partial ccnfinement available to offenders who are employed or engaged as a student in a regular course of study at school . Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rues of the work release facility. As defined by the Sentencing Reform Act of 1981 (RCW Chapter 9 . 94A, as amended; . D . "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance . As defined by the Sentencing Reform Act of 1981 (RCW Chapter 9 . 94A, as amended) . II . JAIL AND HEALTH SERVICES City of Kent shall accept for confinement and/or hcld_' ng the Facility those persons who are prisoners as defined in Article I and shall furnish Purchaser with the Facility, booking, and custodial services , and personnel for the confinement of Page 1 of 4 Purchaser' s prisoners at least equal to those provided by the City of Kent for confinement of its own prisoners . The services provided herein shall include basic medical care, as defined by Washington State Custodial Care Standards (W.A. C . #289-20) except hospitalization, prescriptions , surgical and dental care which Purchaser agrees to bear . The City of Kent shall furnish to the Purchaser all Facility medical and health care services required to be provided pursuant to Federal or State law and regulations promulgated thereto . III . COMPENSATION Purchaser will pay the City of Kent a maintenance charge as follows : A. City of Kent hereby authorizes the use to Purchaser for the confinement and/or holding of persons booked and held by the Kent Corrections Facility (KCF) , subject to available space and facilities as may be determined solely by City of Kent . It is acknowledged and agreed that access to KCF is on a nonexclusive space available basis and further that the City of Kent is contracting with and retains the right to contract with other cities for similar access to KCF during the term of this contract . B . Purchaser agrees to pay to City of Kent the sum of Fifty-eight Dollars ($58) per day per Prisoner per 24-hour period calculated from initial booking time, (or any portion_ of a 24- hour period) . If any of Purchaser' s inmates are being held for other jurisdictions , then the cost to house them will be shared equally. C . Purchaser agrees to pay to City of Kent the sum of Seventeen Dollars ($17) per day for Electronic Home Detention and Twenty-two Dollars ($22 ) per day for Work Release if Prisoner is unable to pay. In addition, Purchaser agrees to pay to City of Kent the sum of Twenty-five Dollars ($25 ) for the application fee if Prisoner is unable to pay. D . Payment of these costs will be made promptly and to the City of Kent within 30 days after the monthly statement is received. E . Each party may examine the other' s books and records to verify charges . If an examination reveals an improper charge , the amount shall be applied to future billings until the credit has been exhausted. Any unused credit which exists at the time of termination of this contract shay_ be refunded within 20 days of the date of termination . IV. TERM This contract shall take effect and shall supersede and terminate any other Facility use agreement or contract existing between City of Kent and Purchaser . This contract shall be in effect through 1997 and then automatically renew from year to year unless otherwise modified or terminated as provided herein . This contract may be terminated by either Page 2 of 4 party upon 60 days written notice from the party desiring termination. V. MCDIFICATION This contract shall be modified only upon mutual consent of the parties , in writing, signed by both parties . VI . INDEMNIFICATION. L=TIGATION A. Purchaser agrees to defend, indemnify and hold harmless City of Kent, its officers , agents , and employees , or any of them from any and all claims , actions, suits , 'liability, loss , cost , expenses , and damages of any nature whatsoever by reason of or arising out of any act or omission of Purchaser, its officers , agents , and employees , or any of them in arresting, detaining, charging or transporting persons . In the event that any suit based upon such a claim, action, loss , or damage is brought against the City of Kent , Purchaser shall defend the same at its sole cost and expense ; provided that City of Kent retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against City of Kent , and its officers , agents , and employees, or any of them, or jointly against City of Kent and Purchaser and their respective officers , agents, and employees , or any of them, Purchaser shall satisfy the same . B . The City of Kent shall defend, indemnify and 'hold harmless Purchaser and its officers , agents, and employees , or any of them from any and all claims , actions, suits , liability, loss, cost , expenses , and damages of any nature whatsoever by reason of or arising out of any act or omission of City of Kent , its officers , agents , and employees , or any of them in confining persons who have been presented to and accepted by the Facility by Purchaser, its officers , agents , and employees while said persons are in the Facility or in the custody of City of Kent outside the Facility except to the extent said claim, action, loss or damage is the result of the negligence of Purchaser. In the event that any suit based upon such a claim, action, loss , or damage is brought against Purchaser, City of Kent shall defend the same at its sole cost and expense provided that Purchaser retains the right to participate in said suit if any principle governmental or public law is involved, and if final judgment be rendered against Purchaser, its officers , agents , and employees , or any of them, or jointly against Purchaser and City of Kent and their respective efflcers , agents, and employees , or any of them, City of Kent shall satisfy the same . VII . NON-DISCRIMINATION/ECUALITY OF EMPLOYMENT OPPORTUNITY City of Kent will provide equal employment opportunity in administering this contract, in implementing this contract , and in administering the Facility, and prohibit discriminatory treatment . Page 3 of 4 ViII . WAIVER No waiver of any right under this contract shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance on any one or several occasions does not constitute consent to or waiver of any later nonperformance , nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto . IX. INSURANCE Purchaser and City of Kent shall each obtain and maintain general liability insurance with limits of one million dollars ($1, 000 , 000) per occurrence , two million dollars ($2 , 000 , 000 ) aggregate . This general liability insurance shall provide protection against the general liability, police professional liability, and error and omission of each entity. Each entity to the contract shall provide certificates of insurance demonstrating coverage by the required insurance . Purchaser shall name City of Kent as an additional named insured on its liability policy (in regard to arrest , detention, charging or transporting of prisoners) , and a copy of the additional insured endorsement shall be attached to the certificate . City of Kent reserves the right to request a certified copy of the policy that evidences the above coverages . X. SEVERABILITY If any provisions of this contract shall be held invalid, the remainder of this contract shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties . XI . ENTIRE CONTRACT This contract consists of four pages . This contract represents the entire understanding of the parties . -- supersedes any oral representations that are inconsistent with or modify its terms and conditions . IN WITNESS WHEREOF, the parties have caused this agreement to be executed on the day written below . CITY OF BONNEY LAKE CIT`_' OF KENT By: By: Rex Pulfrev_ Date Jim White Date Mayor Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: James Dionne Date Roger Lubovich Date City Attorney City Attorney Pane 4 of 4 - - ,, �____� G' 31 MEMORANDUM TO: JIM WHITE, MAYOR CHRISTI HOUSER, COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JUDY WOODS, CITY COUNCIL MEMB DATE: MARCH 18, 1997 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the March 18, 1996 City Council meeting. I will be unable to attend due to my work schedule. Thank you for your consideration. JW:kno Kent City Council Meeting Date March 18 , 1997 Category Other Business 1. SUBJECT: HOME OCCUPATION STANDARDS ZONING CODE AMENDMENT ZCA-96-8 - REGULATORY REVIEW 2 . SUMMARY STATEMENT: The Land Use and Planning Board has recommended amending the Zoning Code standards for home occupations. The Planning Board held a public hearing on this matter on February 24, 1997 . 3 . EXHIBITS: Memo, staff report, Land Use and Planning Board minutes of 2/24/97 4 . RECOMMENDED BY: Land Use and Planning Board (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve Kent Zoning Code Amendment ZCA-96-8 as recommended by the Land Use and Planning Board, and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION• ACTION: - Council Agenda Item No. 4A CITY OF T101 Jim White, Mayor March 13, 1997 TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: FRED N. SATTERSTROM, PLANNING MANAGER RE: PROPOSED AMENDMENTS TO HOME OCCUPATION ZONING STANDARDS (#ZCA-96-8) On February 24, 1997, the Land Use and Planning Board held a public hearing on a regulatory review filed by Ms. Sue Olson (#ZCA-96-8). Following their public hearing, the Planning Board voted to recommend certain modifications to Kent's home occupation regulations, KCC 15.08.040. Essentially, the amendments recommended by the Board are two-fold: 1. That a special home occupation permit (SHOP) be required for certain types of home occupations, namely in-home music and dance schools and/or studios, art lessons and academic tutoring. This special permit would require a public hearing before the Hearing Examiner following notification of surrounding property owners. 2. The special home occupation permit would be granted by the Hearing Examiner only if certain criteria are met. These criteria are outlined in the Planning Department's report to the Planning Board dated 2-24-97 and included in the packet to the City Council, attached. Following approval by the City Council, the Planning Department staff will work with the City Attorney's office to incorporate these changes into ordinance form. FNS/mp:a:sueolson.cc cc: James P. Harris, Planning Director 2204(h AVE SO i XENT WASHINGTON 99032-5895/TELEPHONE (206)859-33001 FAX s S59.3334 CITY OF A Jim White, Mayor Planning Department (206)859-3390/FAX(206)850-2544 James P. Hams, Planning Director February 24, 1997 TO: STEVE DOWELL, CHAIR LAND USE AND PLANNING BOARD FROM: FRED N. SATTERSTROM, PLANNING MANAGER RE: REGULATORY REVIEW REQUEST (#ZCA-96-8) - PROPOSED MODIFICATION TO HOME OCCUPATION STANDARDS (OLSON) Background: On September 17, 1996, Ms. Sue Olson appeared before the City Council's Planning Committee to propose an amendment to the City's home occupation zoning standards. Her suggested amendment would allow pre-schools for the teaching of music to be exempt from the standards for home occupations. Following her testimony, the Planning Committee voted to send this item to the Land Use and Planning Board for action. On October 7, 1996, Ms. Olson filed a regulatory review request with the Planning Department and formally initiated the amendment process (see Attachment A). In the petition, she requested that the home child care exemption be broadened to include "related instructional services" such as music schools, pre-schools, and academic tutoring. On January 13, 1997, the Land Use and Planning Board held a workshop on the proposed code amendment. The application was reviewed by the Board in light of the current standards for home occupations. At the conclusion of the workshop, it was decided to hold a public hearing on the proposed amendment. Existing Situation: Currently, Ms. Olson teaches music lessons out of her home at 815 Marion Place in Kent. She gives private, individual piano lessons as well as Kindermusic group lessons in class sizes of up to eight (8) children at a time. According to the teaching schedule submitted by Ms. Olson, as many as 20 2204thAVE SO /KENT WASHING TON 99032S895/TELEPHONE l2061859-3300/FAX#.459-1334 RE: Home Occupation Standards (4ZCA-96-8) February 24, 1997 Page 2 children may attend group and/or individual lessons in a day (Tuesday), and as few as three (3) on another day(Wednesday). In total,48-58 children may attend individual or group lessons per week. Group or Kindermusic classes last from 30-75 minutes. Many times the parents of participating children stay on the premises while the classes are conducted. Ms. Olson has indicated that the parents are invited to participate in the lessons themselves. Thus, the parents' vehicles are parked on the street during the duration of the classes. Neighbors who have contacted the Planning Department have indicated that sometimes these vehicles block their driveways and the approach to the mailboxes, at times interfering with the delivery of mail. The fact that Ms. Olson and her abutting neighbors live on a cul de sac compounds the on-street parking problem since there is a relative lack of curbed street frontage. Home occupations are regulated by Section 15.08.040 of the Kent Zoning Code. These standards regulate a number of aspects related to home-based businesses, including daily client trips and on- site parking(see Attachment B). According to Sec. 15.08.040(D)(2),no more than four(4)two-way client trips per day are allowed. In addition,the same section states that home occupations shall not create a need for additional on-site or off-site parking. Section 15.08.040(D)(3) also regulates the conduct of sales and services in the home. This section requires that the sale of goods and services (in this case, the teaching of music) shall be to one (1) customer at a time, by appointment. With respect to Ms. Olson's home business,the individual piano lessons are within the limits of the Zoning Code. No more than four (4) individual lessons are given on any day according to the schedule submitted by Ms. Olson. These children are dropped off by parents and later picked up; no additional parking is needed. Also, these lessons are limited to one customer at a time. On the other hand, it is the group Kindermusic classes which do not conform to the home occupation standards. Cars are parked on the street by parents who remain on-site during the duration of the classes. Staff visited the site a couple of times during scheduled classes to verify this. Therefore, Ms. Olson's home occupation does not conform with parking regulations nor with daily client trip limits set forth in the Zoning Code. Finally, these group classes are outside the limits of Section 15.08.040(D)(3) which restrict the sale of services to one person at a time. Analysis: The purpose of home occupation regulations is to allow certain business or occupational activities to be undertaken in a dwelling or a building accessory to a dwelling in any zone in which dwellings are present. The home occupation is to be conducted in such a manner that it does not detract from the residential character of the surrounding area. RE: Home Occupation Standards (#ZCA-96-8) February 24, 1997 Page 3 To ensure that home occupations do not disturb their residential neighbors, Kent's Zoning Code places limits on the number of employees, daily client trips, parking demand, in-home sales, use of equipment, utility demand, as well as environmental performance standards. Staff reviewed the home occupation standards of other cities(i.e., SeaTac,Kirkland,Auburn,Tukwila,and Bothell)and found a great similarity in the stated criteria for home occupations. Parking was one such issue. All of these cities' ordinances attempted to restrict parking for home occupations by not allowing "a parking level demand beyond that which is normal to a residential area." In Kirkland,the same limit of four (4) two-way client trips per day appears in the City's zoning regulations along with a requirement that no more than one(1) person at a time visit the home for sales of goods or services. There was also much similarity in limits on the use of equipment, number of employees, amount of floor space for home occupation use, signage, and outdoor storage. Nevertheless, while these cities have similar requirements and limits for home occupations, there are significant differences in how they handle proposals which do not conform with all stated criteria. According to Kent's regulations, if a proposed home occupation business does not conform with one or more of the performance standards, it is not permitted. In the City of SeaTac, if a proposed home occupation meets at least eight(8) but not all eleven (11) performance standards, it requires a public hearing before the City's Hearing Examiner. In Auburn, certain types of home occupations automatically require what is called a "special home occupation permit" (SHOP) which entails a public hearing before the City's Hearing Examiner. One of the listed home occupations is "music and dance studios." In the SeaTac example above, if a home occupation does not meet the strict application of all criteria, it may still be permitted by the Hearing Examiner following a public hearing where neighbors have been notified and allowed to give input into the decision-making process. In these cases, criteria are specified in the code to aid the Hearing Examiner in making his/her decision. In the Auburn example cited above, certain types of home occupations are specifically called out for a public hearing, but all home occupations must meet certain performance standards. Staff Recommendation: In comparison to other cities' regulations, Kent's may be somewhat more rigid in terms of requiring conformance with all performance standards without variance. Most of the other randomly selected cities offered an alternative approval process if most, but not all, requirements were met. In the present case, the Planning staff would favor an alternative approach which would require a public hearing before the Kent Hearing Examiner for in-home music and dance schools and/or studios, similar to the process adopted in the City of Auburn. In addition, staff would recommend the following language be added to the Zoning Code in order to establish guidelines for the Hearing Examiner in such cases: RE: Home Occupation Standards (#ZCA-96-8) February 24, 1997 Page 4 "In considering applications for special home occupation permits, the Hearing Examiner shall consider the nature and conditions of all adjacent uses and structures, and no such special home occupation permit shall be authorized by the Hearing Examiner unless the Hearing Examiner finds that the authorizing of such permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located, and that the authorization of such special home occupation permit will be consistent with the spirit and purpose of this Title. In authorizing a special home occupation permit, the Hearing Examiner may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces in addition to those expressly set forth in this Title, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest." CITY OF L"L22 VIT Jim White, Mayor Planning Department (206)859-3390/FAX(206)850-2544 James P. Harris,Planning Director LAND USE & PLANNING BOARD MINUTES Public Hearing February 24, 1997 The meeting of the Kent Land Use and Planning Board was called to order by Chair Steve Dowell at 7:00 p.m. on February 24, 1997, in Chambers West of Kent City Hall. LAND USE & PLANNING BOARD MEMBERS PRESENT: Brad Bell, Vice Chair Tom Brotherton Jerry Daman Ron Harmon David Malik Sharon Woodford LAND USE & PLANNING BOARD MEMBERS ABSENT: Steve Dowell, Chair PLANNING STAFF MEMBERS PRESENT: James Harris, Planning Director Fred Satterstrom, Planning Manager Kim Marousek, Planning Intern Teresa Beener, Administrative Secretary APPROVAL OF MINUTES Board member Tom Brotherton MOVED and Board member Ron Harmon SECONDED a motion to approve the minutes of the February 10, 1997 meeting. Motion carried. ADDED ITEMS TO THE AGENDA None. COMMUNICATIONS None. NOTICE OF UPCOMING MEETINGS Planning Director Jim Hams informed the Planning Board members of a City Council Workshop at 5:00 p.m. tomorrow night in Council Chambers (February 25, 1997). The meeting is on regional governance "What should King County be governing and what should the local jurisdictions be governing. " Mr. Harris explained that the meeting will discuss regional and rural governance versus 4ZCA-96-8 Home Occupation Standards 2204)h AVE SO /KENT WASHINGTON 98032-5895/TELEPHONE (106)859-33001 FAX#859.1334 _ Land Use and Planning Board Minutes February 24, 1997 Page 2 urban governance and the thirty-five incorporated cities and King County are going to discuss who does what in the County. This meeting is an open forum. Mr. Harris stated that the next Land Use and Planning Board meeting is a workshop on March 10, 1997 in Council Chambers East at 7:00 p.m. #ZCA-96-8 HOME OCCUPATION STANDARDS - (F. Satterstrom) Planning Manager Fred Satterstrom explained that the Planning Department received a request for a regulatory review from Ms. Sue Olson. He explained that Ms. Olson requested an amendment to the Home Occupation standards of the Kent Zoning Code to exempt instructional services such as preschools, music programs, or academic tutoring. Mr. Satterstrom stated that Ms. Olson resides at 815 Marion Place on Scenic hill of Kent. He explained that she teaches individual piano lessons and maintains a Kindermusic program which teaches young children in a group environment. The group lessons contain six to eight children and are scheduled at certain times during the week. He stated that Tuesday is her busiest day with as many as twenty students being seen and Wednesday is her slowest day with as little as three students. In total it appears that anywhere from 48 to 58 students attend either individual or group lessons in a given week. Mr. Satterstrom stated that Ms. Olson's home occupation is inconsistent with the Kent's regulations in two areas. One area is in the parking requirements. Home Occupation regulations state that there can be no more than four two-way client trips per day and, in this case, there are several times that amount on a day like Tuesday, for instance. The second issue is with respect to the actual delivery of the service. The Home Occupation regulations for the City of Kent allow only one client at a time. Mr. Satterstrom explained that the individual lessons do not pose a problem for Ms. Olson; the problem stems from the group sessions. Mr. Satterstrom explained that this matter was brought to the City's attention on the basis of a complaint where it was brought to the attention of the City that there were cars being parked on the road and the City responding on the basis of a complaint. The City's Code Enforcement Officer looked into the matter and determined that there was a violation or a conflict with the regulations that govern home occupations. In informing Ms. Olson of her alternatives, she decided to approach the policy making body with the alternative of looking at the code, seeing if it was up to date, and seeing if a change was warranted. Mr. Satterstrom stated that to understand home occupations every City that he knows of has established zoning regulations that relate to the governing and the operation of home occupations. 4ZCA-96-8 Home Occupation Standards Land Use and Planning Board Minutes February 24, 1997 Page 3 He explained that Certified Public Accountants are one of the more common home occupations. He explained that zoning codes generally recognize that as long as the residential character of the City or a neighborhood is not changed by the home occupation,then those kinds of business activities that can exist in homes can and should be allowed. Most cities as well as Kent go on to specify certain regulations within which home occupations must adhere. Some of the aspects that Kent regulates are traffic, parking on-site (not to create a need for off-site parking that would affect the neighborhood), number of employees (one additional employee allowed), the delivery of sales and service of goods to customers (one customer at a time), and other factors. Mr. Satterstrom explained that ordinances of other jurisdictions were reviewed in order to provide a comparison to Kent's regulations. Mr. Satterstrom explained the City looked at the home occupation regulations for the cities of SeaTac,Kirkland,Auburn,Tukwila, and Bothell. He stated that all of these jurisdictions have home occupation regulations. Some of the zoning codes were recently adopted. Mr. Satterstrom explained that many of the criteria and regulations read identical to Kent in terms of their concern. The actual regulation may be written a little different but all of the jurisdictions are concerned with the traffic, the residential character, etc as mentioned in the staff report. Unlike Kent; however, the cities of SeaTac and Auburn have an alternative process when you have a home occupation that doesn't neatly fit with all of the regulations. There is a process by which a person proposing a home occupation may petition the City through the Hearing Examiner process for an alternative way of allowing a home-based business. He explained that in the City of SeaTac, there are eleven criteria that relate to home occupations. If an appiicant meets all eleven then the application for a home occupation is approved administratively. However, if the application meets at least eight of the criteria but fails to meet all eleven, one has to go before the City's Hearing Examiner. The City of Auburn requires the teaching of music lessons in studio type groups to automatically require a hearing. Mr. Satterstrom explained that compared to other jurisdictions which were reviewed, Kent looked fairly rigid; Kent doesn't offer any alternative. Mr. Satterstrom explained that staff is recommending that the City of Kent endorse the Auburn model and to set aside the teaching of music and dance studies out of the home and require a public hearing before the Hearing Examiner. He explained that this method would allow neighbors to participate and be notified of the action. It would allow them to participate in the hearing and have their concerns heard by the Hearing Examiner, if they have any, and would allow the Hearing Examiner to custom tailor the requirements for such a Home Occupation based on its particular impacts. He stated that the recommended verbiage to add to the zoning code is stated on the last page (page 4) of the February 24th staff report. 4ZCA-96-8 Home Occupation Standards Land Use and Planning Board Minutes February 24, 1997 Page 4 Board member Tom Brotherton questioned how the subject of music and dance was derived and asked if there weren't other options as in auto repair. Mr. Satterstrom explained that auto repair was considered and consciously rejected because of the potential nuisance factor. Auto repair tends to get out of hand and can be loud. This does not seem to be very compatible with the residential character. Board member Brad Bell questioned adding academic tutoring. He stated that academic tutoring seems to be very similar in nature in compared to music lessons or dance lessons. Planning Manager Fred Satterstrom explained that they were not limiting the vast possibilities that could apply. He stated that academic tutoring in groups could be added. Board member Sharon Woodford questioned how much of the neighborhood would be notified regarding the public hearing. Satterstrom explained that the property owners within a '00' radius would be notified of a public hearing. Board member Ron Harmon MOVED and Tom Brotherton SECONDED a motion to open the public hearing. Motion carried. Ted Knapp 824 Marion Place. Mr. Ted Knapp explained that he purchased his home nine years ago and lives a few houses away from Ms. Olson (the applicant). Mr. Knapp explained that one of their reasons for choosing a house on a cul-de-sac was because of the little drive through traffic. He stated that he is concerned with modifying the existing regulations that would increase the traffic and hence the safety factor for his daughter. He stated that he feels that Ms. Olson should operate her home business within the existing regulations even if this means she would have to find an alternative location for her group music lessons. Mr. Knapp explained that in the cul-de-sac parking and mail delivery has been a problem because of the traffic impact from Ms. Olson's business. Patsy Braseth 807 Marion Place. Ms. Patsy Braseth explained that she lives right next door to Ms. Olson and has lived there for nineteen years. Ms. Braseth stated that the reason they chose their home was because it was located on a cul-de-sac with no drive through-traffic. She explained that she has been aware since the summer of 1996 that Ms. Olson was involved in some sort of enterprise. Ms. Braseth explained that she is concerned with traffic, parking, safety and the inconvenience to the immediate neighbors. She stated that she found it very interesting that Ms. Olson had never been #ZCA-96-8 Home Occupation Standards Land Use and Planning Board Minutes February 24, 1997 Page 5 sited by the City authorities for her violation of current parking and home occupation regulations. She explained that the neighbors had been sited for parking too close to their own driveway and having vehicles facing the wrong direction in the cul-de-sac. She stated'that she is inconvenienced by Ms. Olson's clients parking in front of her mailbox and her mail was not delivered as a result. She commented that she respects Ms. Olson's right to make a living from her home but not when the rights of others are infringed upon. She remarked that it is time for Ms. Olson to find another location outside the neighborhood which would accommodate the traffic that her business generates. Board member Ron Harmon questioned if it was the group music lessons that caused the problems. Ms. Braseth indicated that the group lessons were the problem and that there was one instance where there were about ten cars parked along the cul-de-sac. She remarked that children are not just being dropped off; parents remain for the group lessons. Mr. Harmon questioned how many houses are in the cul-de-sac. Ms. Braseth responded that there are about ten houses. Vice Chair Brad Bell questioned the location of Marion Place and asked which house Ms. Olson lived in. Ms. Braseth described the location of Marion Place and which house Ms. Olson resided. Jesse Cadena, 822 Marion Place. Mr. Jesse Cadena stated that he opposes the changes to the Home Occupation Standards that Ms. Olson requested. Mr. Cadena commented that changing the parking standards to allow an increase in the number of trips allowed to home occupations would greatly diminish the peace and quiet that he expected when he selected this area as his residence twenty years ago. He stated that the cul-de-sac is too narrow to safely allow small children to cross the street with minimum visibility for drivers entering the cul-de-sac. The location is very close and one house to the sharp left to turn automobiles must negotiate when entering this cul-de-sac. The patrons of this business are reluctant to use Ms. Olson's driveway until absolutely necessary unless it is raining. As a result, the onstreet parking is congested first, then they park in her driveway. Mr. Cadena explained that he has experienced partial blockage of his own driveway due to customers of Ms. Olson's business parking along the curb adjacent to his driveway which has a twelve foot curb space between his driveway and his neighbors driveway. Mr. Cadena stated that Ms. Olson told him two years ago that she would eventually have to relocate her business due to the response she has had with this business. Mr. Cadena strongly urged the denial of this request. Board member Tom Brotherton questioned what percent of the time there were severe parking problems during the day or week. Mr. Cadena explained that he doesn't keep track of the day or 4ZCA-96-8 Home Occupation Standards Land Use and Planning Board Minutes February 24, 1997 Page 6 time but stated that the parking problem is very frequent and congested into the evenings some times. He stated that over the last two weekends there were cars congested throughout the weekend. He Schalk 806 Marion Place. Ms. Helen Schalk explained that she lives directly across the street from Ms. Olson. Ms. Schalk stated that her husband and her are concerned with their 120 foot of lawn that runs along the street and Ms. Olson's customers have to park there. She stated that there really isn't any other place to park. Ms. Schalk explained that there are no sidewalks and she has Ms. Olson's customers on her lawn. Ms. Schalk remarked about the visibility around the comer and the danger involved with children crossing the street. Ms. Schalk stated that there were five cars parked at Ms. Olson's and then later there were another four more cars parked. She stated that she wasn't sure of Ms. Olson's schedule. She remarked that there is a lot of traffic in the cul-de-sac already with some teenagers living in the cul-de-sac and there friends coming by. She explained that people sometimes make a wrong turn and whip around in the cul-de-sac to turn back around. She stated that any more traffic in the cul-de-sac is going to cause a hinderance to her family and the children in the neighborhood. Sue Olson. 815 Marion Place. Ms. Sue Olson stated that she appreciated the concerns of her neighbors. She stated that home occupations need to be sensitive to the neighborhood concerns. Ms. Olson explained that she started her Kindermusic program as a way to earn money and still remain home with her children. She stated that her business is growing and when she outgrows the neighborhood she plans to relocate her business. She stated that she knows a number of people doing home businesses in unincorporated areas and in other cities with Kindermusic programs. She explained that it takes four to six years to build up a clientele that would generate enough income so that a person could afford to move into a commercial location and pay rent. She stated that the home occupation allows a person starting a business time to build up clientele. Ms. Olson stated that she supports staff recommendation for allowing a public hearing through the Hearing Examiner to consider a"Special Home Occupation Permit." She stated that she based her class maximum size of eight students on the amount of parking available in her driveway, in front of her house, and across the street. She stated that there is room for the cars. She commented that some of her neighbors have offered to let her clients park in their driveways to eliminate some of the parking problems. Ms. Olson stated that she teaches eight classes per week. She explained that during some of these classes the parents are involved in the program and stay with their children and during other classes the parents leave the children. She commented that the classes that she has that are later in the day 4ZCA-96-8 Home Occupation Standards Land Use and Planning Board Minutes February 24, 1997 Page 7 (two classes at 4:00 p.m.) the children are dropped off. She stated that when the parents are there to pick the children up, there can be seven or eight cars at one time. She stated that she has asked all of her parents to be respectful of her neighbors. She stated that a public hearing would be beneficial to allow an opportunity to mitigate the neighborhood concerns. Mr. Harmon asked for further clarification of Ms. Olson's class schedule. Ms. Olson explained that in addition to the two classes at 4:00 p.m. which parents drop the students off, she also has classes at 9:30, 11:00, and one class at 1:00 p.m. She explained that on Monday she has one class, Tuesdav she has three classes, Wednesday she has no classes, Thursday she has one class and Friday she has two classes during the day. Mr. Brotherton questioned if there was any mitigation that would be possible to address the parking issue. He asked if most of the parents could park in her driveway or in her yard and not around the cul-de-sac. Ms. Olson stated that parents are parking in her driveway and in front of her house. She explained that she can get five vehicles in her driveway and in front of her house and the other two or three cars usually park across the street. Mr. Brotherton questioned that when she had only five or six students she could have all the parents parking in her driveway. Ms. Olson stated that she can get three cars in her driveway and then two more in front of her house. She stated that if the street parking is the issue then her neighbors have offered to allow her clients to park in their driveways. Board member Jerry Daman questioned when Ms. Olson started her Kindermusic business. Ms. Olson explained that she does not run during the summer months. She explained that this is her third year in business. Mr. Daman questioned that she was the only Kindermusic program in the area. Ms. Olson explained that sheds the only Kindermusic program in Kent, Auburn, Federal Way, and Renton area. Mr. Daman asked Ms. Olson if she anticipated her size growing. Ms. Olson stated that she would not be able to increase her business and remain where she is. She explained that if she increases her business she will need to find an alternative location. Mr. Daman questioned if Ms. Olson was gainfully employed during the summer months. Ms. Olson explained that she is employed through Kent Commons during the summer and she teaches different classes and workshops. Board member Daman clarified that there are as many as twenty cars that could be there on one day. Ms. Olson stated that she conducts three separate classes on Tuesdays and there could be twenty cars 4ZCA-96-8 Home Occupation Standards Land Use and Planning Board Minutes February 24, 1997 Page 8 coming and going on that day. She explained that when she set up her schedule she allowed plenty of time between groups so there wouldn't be an overlap in vehicles from one group coming and the other going. Mr. Harmon questioned how far the clientele travelled for her Kindermusic program. Ms. Olson explained that one of her students come from south Federal Way. She stated that some come from SeaTac and Tukwila. Vice Chair Brad Bell questioned her request for the regulatory review. Mr. Bell stated that the change that she requested is different from what staff has proposed and asked if she agreed with the staff s position. Ms. Olson stated that she supports the staff s recommendation. Ms. Olson submitted a copy of a petition signed by her neighbors supporting her home occupation. Christie Merrill 14605 SE 222nd Street Kent WA 98031. Ms. Christie Merrill stated that she is a Kindermusic parent and came here tonight in support of Ms. Olson. Ms. Merrill commented that before the classes began in October, Ms. Olson took each parent outside and indicated where they could and could not park. Ms.Merrill stated that she is unable to park in Ms. Olson's driveway. She commented that there are always at least two cars parked in the driveway when her child attends class on Friday mornings. Ms. Merrill stated that her children benefit greatly from Ms. Olson's Kindermusic program. She stated that she felt it would be unfortunate if Ms. Olson was unable to continue her program. Audrey Germanis 34922 10th Place SW Federal Way, WA 98023. Ms. Audrey Germanis remarked that she is also a Kindermusic parent and came on behalf of Ms. Olson. She stated that she has been involved in Ms. Olson's Kindermusic program since February 1996. Ms. Germanis stated that Ms. Olson told them where they could park and to be considerate of the neighbors. She commented that she has never seen a single person out on the street. She stated that she felt comfortable allowing her four year old to walk on that street. She commented that she feels that Ms. Olson's program is an excellent program and that is the reason she travels all the way from Federal Way to be a part of the Kindermusic program. Ms. Germanis stated that she would like to see Ms. Olson to be able to continue offering the Kindermusic program. Mr. Daman questioned how long Ms. Germanis had known Ms. Olson. Ms. Germanis stated that she started the Kindermusic program in February of last year. 4ZCA-96-8 Home Occupation Standards Land Use and Planning Board Minutes February 24, 1997 Page 9 Mr. Daman asked Ms. Germans how she heard of Ms. Olson's program. Ms. Germanis stated that she had heard about the Kindermusic program in a parent magazine and called an 800 number. She was sent a lot of information including names of people who taught in the area. Board member Daman questioned if there was a regional Kindermusic program. Ms. Germans stated that there is a national organization of Kindermusic. She explained that the Kindermusic program is designed to encourage young children's musical aptitude. Planning Manager Fred Satterstrom explained that Ms. Olson was the one who requested the regulatory review and the Board has heard testimony tonight regarding her individual business. Mr. Satterstrom encouraged the Board to take a broader view and consider whether or not to change the home occupation regulations to allow the teaching of group music and dance studios in the home and allow the Hearing Examiner to consider each application individually. Mr. Satterstrom commented that the issues brought forth tonight are valid issues that the Hearing Examiner would have to consider when considering an application like Ms. Olson's. Mr. Satterstrom stated that the real issue is whether the Board would like to stay with the existing regulations or to modify the standards as staff has recommended. Board member Ron Harmon questioned why Ms. Olson originally approached the City Council Planning Committee. Mr. Satterstrom explained that there had been a complaint lodged to the Code Enforcement Officer. Ms. Olson was given her options and chose to request a regulatory review in an attempt to modify the home occupation regulations. Mr. Harmon questioned the Code Enforcement process. Mr. Satterstrom explained that the Enforcement issue is on hold pending the outcome of Ms. Olson's regulatory review. Mr. Satterstrom explained that this can be serious if Ms. Olson is denied a modification in the code that would allow her to legally operate the City would take action to stop her business. Board member Sharon Woodford questioned whether it would stop her whole home occupation or just the teaching of group lessons. Mr. Satterstrom stated that the City would probably suspend the group lessons. Ted Knapp, 824 Marion Place. Mr. Knapp stated that he arrives home about 4:30 p.m. every day and he has never seen automobiles parked in Ms. Olson's driveway. Mr. Knapp commented that he felt her business has reached the limit and she needs to find an alternative location to conduct her business. He stated that his daughter is not playing in the street while Ms. Olson's customers are there because he is reluctant to allow her to play or ride her bicycle because of the traffic impacts. 4ZCA-96-8 Home Occupation Standards Land Use and Planning Board Minutes February 24, 1997 Page 10 Mr. Knapp stated he appreciated the comments from some of the Kindermusic parents. He stated that Ms. Olson should move her business to their neighborhood and let them see the impacts. Patsv Braseth 807 Marion Place. Ms. Braseth asked the Board not to be sensitive to the fact that Ms. Olson is a single parent. Ms. Braseth stated that she was a single parent for seven years with four children and operated a home business to support her children. She stated that she had not impacted her neighbors when she operated her home business. She asked the Board to take that into consideration. Jesse Cadena 822 Marion Place. Mr. Cadena questioned if this is approved will there be a limit on the traffic. Board member Jerry Daman questioned whether Ms. Olson was at a place where she could afford to move to another location. Ms. Olson stated that she is getting close to being able to relocate her business. She stated that the advantage to starting a business in her home is that the money that she generates is her profit. She stated that she has been saving in anticipation of finding a place in order to expand. She stated that she would have never had an opportunity to start her business if she had not been able to start in her home. Ted Knapp 824 Marion Place. Mr. Knapp reiterated that it is important to remember the safety of the children in the neighborhood. He stated that the safety of his daughter is his only issue. Planning Director Harris remarked that the Board is here to consider the recommendation of the staff to allow a public hearing presided by the Hearing Examiner to determine whether a home occupation would be allowed and to determine conditions for the operation of such business. Vice Chair Brad Bell questioned what the recourse would be when public safety is a concern. Mr. Harris explained that most people conducting home occupations do not know there are home occupation regulations. Board member Ron Harmon MOVED and Jerry Daman SECONDED a motion to close the public hearing. Motion carried. Board member Tom Brotherton commented that the regulations in Kent are more rigid and should be loosened. He stated that businesses like Ms. Olson's provides a valuable service to many residents in our community and should be encouraged. He remarked that the proposal from staff has merit in that it provides for the Hearing Examiner to look at each individual situation to see what types of impact the business would have on the neighborhood and apply mitigating conditions when necessary. Mr. Brotherton stated that he hopes that the Hearing Examiner will take into 4ZCA-96-8 Home Occupation Standards Land Use and Planning Board Minutes February 24, 1997 Page 11 consideration the traffic constraints that are impacting these neighbors. He also thinks that staff should consider adding acting, tutoring and art classes to the list. Board member Sharon Woodford stated that she agreed with Mr. Brotherton's statement and indicated that she felt it was important to allow for home occupations. She stated that there are some neighborhoods that would not be impacted by a home occupation. Ms. Woodford stated that she agrees with staff s recommendation. Mr. Harmon commended Ms. Olson for bringing this situation to the City Council's Planning Committee. Mr. Harmon agrees with the staff proposal. Vice Chair Brad Bell stated that he grew up in the Kent area taking both private and group music lessons in people's homes. Mr. Bell stated that he is concerned with the public safety issues. Brotherton MOVED and Woodford SECONDED a motion to accept staff s recommendation as outlined in the staff report. Motion carried with Brad Bell opposed. Respectfully Submitted, amXd P. Harris oring Secretary C:\USERS\DOC\LANDUSE\MINUTES\PCMIN05.29 9ZCA-96-8 Home Occupation Standards CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT OOPERATIONS COMMITTEE CO. PUBLIC WORKS COMMITTEE DO. PLANNING COMMITTEE PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE ADMINISTRATIVE REPORTS EXECUTIVE SESSION: Property Acquisition 4' of PUBLIC WORKS COMMITTEE March 5, 1997 PRESENT: Tim Clark Gary Gill Christi Houser Merrill Vesper Connie Epperly Robyn Bartelt LID 348 64th Avenue South Street Improvements (S 226th St to S 216th SO Gary Gill explained that this project has been in our planning process since the early '80s. The need for the 64th Ave construction was identified in 1980 as part of the valley studies program. In 1989 the City actually formed an LID to construct a portion of that project. The section that was not constructed during that time was between S. 226th St and S. 216th St. which lies adjacent to the City's Green River Natural Resource Area. That portion was eliminated because of the environmental impacts the construction would create on the wildlife habitat existing on site. Gill said since that time the City has completed construction of the fast phase of that project and we are now going to put in some of the landscaping and other features associated with that project. Gill said-this is an appropriate time to move forward with completion of this missing section of 64th Avenue. Gill said that this section has been shown as a key link in our 6 Year Transportation Improvement Program and is also part of our Capital Facilities element of our Comprehensive Plan. He noted that completion of 64th Ave is an important part of the City meeting the concurrency requirements for transportation improvement projects in the valley floor industrial area. Gill noted that this will complete a very important link in the construction of a major arterial roadway from S. 212th to Meeker St. Gill further explained that we have put together draft plans for this portion of the roadway and all the property owners have been notified. The estimated cost for construction is approximately $2 Million of which the City's portion is about one-half of the project cost. Gill said, of the remaining portion which is a little over $1 Million, we have LID covenants or commitments from three of the affected properties which makes up about 51.86% of the amount of the assessments associated with this LID. He said we are also looking at whether or not some additional improvements might be needed at the intersection of Meeker St &_ 64th Ave. Once this link is opened, there may be a need to put in an additional turn lane. He said this is being reviewed in conjunction with the redevelopment of the property on the northwest corner at Meeker 64th. The developer is required to do some improvements on that site with regard to 1 the roadway. We are trying to work out an arrangement where part of that can be done in this LID, however we are not certain it will go forward at this time. Gill said everything to the north between 216th and 226th is definitely going to be part of this proposed LID project. Gill asked the Committee to support moving this forward to full Council to authorize adoption of a Resolution of Intent to create this LID. Tim Clark asked what the response was from the remaining property owners. Merrill Vesper explained that out of seven property owners other than the City, three property owners attended a property owner meeting and one who was a representative of a fairly large development,was very much in support of this project.. Vesper stated that another smaller business owner has known that this project is coming thru and they were surprised at the actual amount of their assessment. Vesper noted that there is one other property undeveloped and the owner had some wetland concerns on his site and wanted to know to what degree he would benefit. Gill said that all of the property owners have been well aware of this for several years. Vesper explained that we originally formed LID 330 to build 64th Ave and it included this area. These properties were actually in an LID and then dropped out in the final assessment roll. In response to Clark, Vesper said all the property owners are notified and advised of a property owner meetings. Mrs. Rust asked if the City was aware of the wetland on one of those properties. Gill explained that wetlands are shown on an inventory and the wetlands in question here have already been mitigated as part of the Green River Natural Resource Enhancement Area. He said that we have received a Corps of Engineers 404 permit as part of the Green River project and that included the construction of 64th Avenue. Committee unanimously recommended passage of a Resolution of Intent for the creation of LID 348. Icing County Grant Agreement - Special ReQ cling, Gill stated that as part of the King County Solid Waste Management Program, the City and King County have adopted a Comprehensive Solid Waste Management Plans which includes waste reduction goals and the City has active recycling program. As a part of that plan the County Solid Waste Division established a City Optional Program and as part of that program, they have funds available for local agencies to sponsor recycling events to take in materials that are not normally picked up as part of the City's curbside recycling program. 2 Gill explained that this Agreement provides funding up to a maximum of $12,074 to sponsor two recycling events this year and it defines the type of materials which can be collected at these events. Gill requested authorization for the Mayor to execute this agreement. Robyn Bartelt, Conservation Specialist, noted that the City is encouraging people to also bring in any storm debris they have left. Committee unanimously recommended authorizing the Mayor to sign the grant agreement and direct staff to accept the grant and establish a budget for $12,074.00. Meeting adjourned: 4:15 p.m. 3