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City Council Meeting - Council - Agenda - 09/02/1997
City of Kent a City Council Meeting Agenda CITY OF �FT1�➢II�� g Mayor Jim White Fee: Council Members Christi Houser, President �g Jim Bennett Jon Johnson Tim Clark Leona Orr �-0 Connie Epperly Judy Woods : 8 t `f; September 2, 1997 t Office of the City Clerk im ............... CITY OF J_,Q)J��JS SUMMARY AGENDA KENT CITY COUNCIL MEETING September 2 , 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 Employee of the Month Proclamation - America Goes Back to School Week 2 . PUBLIC HEARINGS None 3 . CONSENT CALENDAR Approval of Minutes �. Approval of Bills -C—.. Meridian Valley Annexation Zoning - Set Hearing Dates D-. Granville-Southern Rezone - Ordinance 3 General Conditional Uses - Ordinance tc,r 1998 CDBG Program - Set Hearing Date G: Law Enforcement Education Partnership Program Grant - Acceptance PI. Washington Traffic Safety Commission Grant - Acceptance -I: Police Department Transfer of Funds - Approval ,.J. City Moving - Bill of Sale 4 . OTHER BUSINESS wA: CM-1 District Regulations Lang Preliminary Plat _,C. Bayberry Crest Subdivision Puget Sound Energy Underground Conversion Agreement - Authoriza ion ?i very - j-W 1� a y ��ci` jca.-,m, 4j�ry 5. IDS _.,.A. 108th Avenue SE Sanitary Sewer Extension 6. CONTINUED COMMUNICATIONS 7 . REP�OAR�� . ne_ 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 (253) 854-6587 . r,, 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) Employee of the Month B) Proclamation - America Goes Back to School Week CONSENT CALENDAR 3 . city council Action: Councilmember anti moves, Councilmember L9 oPA seconds that Consent Calendar Items A through J be approved. Discussion Action G 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of August 19 , 1997 . 3B. Approval of Hills. „.., Approval of payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on August 19, 1997 . Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/97 188034-188338 $ 760, 815.26 8/15/97 188339-188702 .1.935. 479.85 $2 , 696, 295. 11 Approval of checks issued for Payroll for August 1 through August 15 and paid on August 20, 1997 : Date Check Numbers Amount 8/20/97 Checks 221861-222199 $ 266, 342 . 35 8/20/97 Advices 48847-49340 677 , 506.49 $ 943,848 . 84 Council Agenda Item No. 3 A-B Kent, Washington �. August 19, 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, and Orr, Operations Director/ Chief of Staff McFall, City Attorney Lubovich, Police Chief Crawford, Fire Chief Angelo, Planning Director Harris, Public Works Director Wickstrom, Finance Director Miller, and Employee Services Director Viseth. Approximately 35 people were in attendance. Councilmember Woods was excused from the meeting. PUBLIC Yancshou Exchange Students, Finance Director COMMUNICATIONS Miller introduced the two high school exchange students from the sister city of Yangzhou, China. She explained that the students have a one month stay but have already been here for three weeks visiting the City of Kent. She noted that eight different families, have hosted the two students who have met many new friends. Miller noted that Ban Ying is 16 years old with one year remaining of high school, that she is very talented, and that she has won prizes in calligraphy, ancient poetry and essay, and a national contest in English. Miller noted that Hong Bo is is years old and president of his school Student Union. She also noted that he has won prizes for paint- ing, English, and paper cuts which have been edited into the children's paper cut works collection. Miller invited the audience to attend next Monday night's Sister City meeting where these students will be demonstrating some of their art and calligraphy. Hong Bo noted that he is very honored by the kindness and attention which has been shown, and that the friendship between two cities and two countries will be taken back to Yangzhou, China with him. He shared some of his experiences here and noted that they will be nice memories forever. He noted that there are many people in Kent who know much about China and who like Chinese music, art, and language. He also noted that the government of Kent is excellent; that the City of Kent is beautiful, clean, and quiet; and that the City will have a nice future. He stated that "together we will make it happen. " Ban Ying, thanked the City of Kent for inviting Hong Bo and her to come for a visit. She noted that the host families were very friendly and made her feel right at home serving Chinese food, even though it was American-Chinese food. Ban " Ying also noted that the City of Kent is very 1 Kent City Council Minutes August 19, 1997 PUBLIC beautiful. She explained that the people in COMMUNICATIONS Yangzhou value their friendship with the Kent people very much, and that they are like just one big family. She noted that in visiting many areas, everything new is her favorite thing about this place. She noted that on the wall of a former exchange student from Kent was a paper which said, "The Earth is our. Mother, Treat Her With Respect. " She expressed that this saying was perhaps the motto of all Americans, and that it will possibly be the motto of the people all over the world. Ban Ying noted that the word "Okay" is used for many functions such as a noun, verb, or adjective. She also noted that another popular word is "cool", and that if someone were to ask her impression of the government of Kent the easiest word is "Cool". She noted that the pavilion in Kent and the garden that will be built in Yangzhou are the two things that are the signal of the friendship of two cities. She expressed that the friendship of the two cities, Kent and Yangzhou, will last forever. Mayor White thanked the two students for spending time in the City of Kent, and that it is a privi- lege to have them here. South King County Youth 2101e02e Prevention Committee Presentation. Katie Stevens, a student at Kentlake High School, noted that President Clinton' s summit, held in Philadelphia a few months ago, established five fundamental resources of America's Promise. She then noted the fundamental resources as follows: 1) Ongoing relationships with caring adults; 2) Safe places and structured activities; 3) A healthy start for a healthy future; 4) Marketable skills through effective education; and 5) Opportunities to serve. Stevens explained that there is a local Youth Involvement Project for positive youth develop- ment which has three goals. She noted the three goals as follows: 1) to increase youth involve- ment in shaping programs that effect the youth; 2) to increase youth involvement in community problem solving; and 3) to increase the number and variety of healthy activities for the youth. She emphasized that the key to each of the youth groups is dedication of adults within the com- munity who are willing to give the youth 2 Kent City Council Minutes August 19, 1997 PUBLIC their time. She noted that the youth want to be COMMUNICATIONS recognized as individuals who will help the community and not hurt it. She also noted that the Search Institute has identified 40 develop- mental assets for the forming and foundation of a healthy development. Garrett Curtis, a resident of Kent and a student at Mt. Rainier High in the Highline School District, noted that he likes to refer to the 40 developmental assets as 40 building blocks to making youth grow up healthy. He noted that youth programs have helped him greatly, and that the two building blocks which have been most important to him are soccer and church activities. Lori Keller, Kent Police Department Public Education Specialist, distributed to the Council information about the Presidents Summit and the Developmental Assets identified by the Search Institute. She noted that the brochure attached to the package describes the work of the South King County Youth Violence Prevention Committee which sponsors the Youth Involvement Project. She requested, for the record, that a Community Dialogue be conducted which is a framed dis- cussion with young people around these assets and ways of working with young people. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through 0, with the exception of Item I, be approved. Johnson seconded and the motion carried. MINUTES ARRroval of Minutes. APPROVAL of the minutes of the regular Council meeting of August 51 1997. HEALTH & (CONSENT CALENDAR - ITEM 3L) SANITATION Swan Court. ACCEPTANCE of the bill of sale for the plat of Swan Court submitted by Daniel C. Swanson for continuous operation and maintenance of 473 feet of watermain, 1, 184 feet of sanitary sewer, 465 feet of street improvements, 538 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. 240th Street and 113th' Place S.E. 3 Kent City Council Minutes August 19 , 1997 HEALTH (CONSENT CALENDAR - ITEM 3M) & SANITATION He oldt Short Plat. ACCEPTANCE of the bill of sale for the Helmboldt Short Plat submitted by G & D Investments for continuous operation and maintenance of 589 feet of sanitary sewer improvements and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located in the vicinity of 226th St. and 94th Avenue South. STREET (CONSENT CALENDAR - ITEM 3J) VACATION S 238th St Street Vacation. ADOPTION of Resolution No. 1496 setting October 71 1997, as the date for a public hearing on the S. 238th St. Street Vacation, as recommended by the Public Works Committee. The Public Works Department has received a request for street vacation from Bush, Roed & Hitchings to vacate a portion of S. 238th Street. TRANSPORTATION (PUBLIC HEARINGS - ITEM 2A) six Year Transportation Improvement Plan. This date has been set for the Public Hearing on the Six Year Transportation Improvement Plan. Public Works Director Wickstrom pointed out that an added project, the West Meeker Street Widening Project--Phase II Green River Bridge to Kent- Des Moines Road (State Route 516) to provide a five-lane facility, which was deleted out of the report has now been distributed to the Council. He explained that the annual element report is actually done for 1996 and that it is the criti- cal year because the purpose is to allow the City to apply for grants. He noted that if a project is not listed on the report but is adopted by Council, the City cannot apply for federal, state or any potential grant that may come. Wickstrom explained that the six-year program is not a balanced program because the City is trying for all the potential projects that would be grant-eligible. He noted that a balanced program would be for $80 million, but that the City is trying for $155 million. He also noted that the annual element is asking for $126 million out of the $155 million so the City is trying to go after every grant that is potentially around. He noted that the bulk of the first annual element w is the two corridor projects, 277th Street and 4 Kent City Council Minutes August 19, 1997 TRANSPORTATION 196th Street, which total $61 million. He noted that the other major element is the grade separa- tion project for $46 million, grade separation on 212th and grade separation on James or Willis but not both. He noted that the grade separations were included in the subsequent six-year plan element because grade separations were a high priority for funding consideration with the State Legislature. He noted that the other bulk of the projects are for arterials, $15 million; bike and sidewalk improvements, $3 million; and miscel- laneous projects. Wickstrom reviewed the annual element projects and noted that all of the pro- jects are funded to some degree except for the grade separation projects. He noted that two big projects are the 228th Street Corridor for about $11 million, and about $12 million for various arterial projects. Upon Clark's question, Wickstrom noted that $300, 000 a year is budgeted for sidewalk improvements and about $100, 000 for bicycle lane improvements throughout the City. He explained that it is a very generic type of project and that the free bicycle zone could be a part of this project. Clark requested that the free bicycle zone project be a part of this project. Upon Orr's question, Wickstrom explained that there is no berm or noise abatement included in the 272nd/277th Corridor Street project as it presently stands. He noted that there would have to be a 100% blockage of the entire area in terms of a wall along the entire road which would not allow driveways or access points because the noise would just go around the openings, and that the cost of the project would increase. He noted that signs have been posted from 274th North on 116th to inform new developments that there is a major road being built. Wickstrom noted for Orr that there is still some negotiating that needs to be done on certain right-of-ways. Clark noted that Engineering has worked very hard in trying to create a. berm along the northern side of the project, but that a creek bed makes it impossible to construct the berm. Wickstrom explained that this project has impacted eight acres of wetlands and that it took 13-16 months to get the 404 permit. He noted that to construct a berm there now would require obtaining a new permit because the wetlands would have been impacted. 5 Kent City Council Minutes August 19, 1997 TRANSPORTATION Upon Orr's question, Wickstrom explained that the design has not been completed at this time but that the City could determine the width of the road, what properties it would impact in terms of wetlands, and then specifically designed it to avoid them. He clarified for Orr that enough design work has been done to know how the ends fit together but not enough to understand how it all fits together. He clarified that there are no provisions in the plans, nothing provided in the E.I.S. , and nothing in the scope of work at this time. He noted that something could be negotiated regarding the noise abatement with the remaining property owners and their right-of-ways if a reasonable agreement can be reached but that the City only has a limited amount of money to do the project. Orr, for the record, encouraged the City Engineering Department to work out a noise abatement agreement, if possible. Mayor White opened the public hearing. There were no comments from the audience and Houser moved to close the public hearing. Clark seconded and the motion carried. CLARK MOVED to adopt Resolution No. 1495 which would establish the Six Year Transportation Improvement Plan, 1998-2003 , as amended to include the Meeker Street Widening Project-Phase II. Johnson seconded and the motion carried. WATER (BIDS - ITEM 5A) Soos Creek Well Transmission Main The bid opening for this project was held on July 30th with five bids received. The low bid was sub- mitted by Kar-Vel Construction in the amount of $373, 941.29. The Engineer's estimate was $565,844 .01. The project consists of the construction of a new watermain to connect to the Kent Springs Transmission Main system. The Public Works Director recommends that upon receipt of all necessary easements by the Public Works Department, the Soos Creek Well Transmission Main contract be awarded to Kar-Vel Construction for the bid amount of $373,941.29. Upon Bennett's questions, Wickstrom noted that in the last month another contract has been awarded to the same contractor to do the water mains out on 152nd after removing the last of the City's Kent Springs Transmission Main customers. He 6 Kent City Council Minutes August 19, 1997 WATER noted that the contractor has done other business prior to this and that the City -has not had any . problems with them. CLARK MOVED that upon the Public Works Depart- ment's receipt of all necessary easements, the Soos Creek Well Transmission Main contract be awarded to Kar-Vel Construction for the bid amount of $373 ,941.29. Bennett seconded and the motion carried. PUBLIC WORKS (BIDS - ITEM 5B) West valley Highway Storm Drain Repair. The bid opening for this project was held on August 13th with five bids received. The low bid was sub- mitted by RJC, Inc. in the amount of $76,734.59. The Engineer's estimate was $81,766.03 . The project consists of replacing an existing storm drain along West Valley Highway from S. 226th St. to Mill Creek. The Public Works Director recommends that upon the Public Works Department's receipt of all necessary permits and upon obtaining appropriate access to existing easements, the West Valley Highway Storm Drain Repair contract be awarded to RJC, Inc. for the bid amount .of $76,734.59. CLARK MOVED that upon the Public Works Depart- ment's receipt of all necessary permits and upon obtaining appropriate access to existing ease- ments, the West Valley Highway Storm Drain Repair contract be awarded to RJC, Inc. for the bid amount of $76,734 . 59 . Epperly seconded and the motion carried. PLATS (CONSENT CALENDAR - ITEM 3I) (REMOVED FROM CONSENT CALENDAR) Bayberry Crest Subdivision. Set September 2 , 1997, as the date for a public meeting to con- sider the Hearing Examiner's recommendation of approval for the Bayberry Crest preliminary plat. This plat is 9.56 acres in size, consists of 46 single-family residential lots, and is located at 13003 and 12923 SE 256th. Mr. Gary Hren, from the audience, asked to address the Council on this issue and there was no objection from the Council. Mr. Hren, noted _ that he has lived in this (Rainier View Estates) neighborhood since 1980, and that he and his wife 7 Kent City Council Minutes August 19, 1997 PLATS have been active on different committees dealing with neighborhood issues. He noted that the neighborhood was new when they purchased their home, and that it was a cul-de-sac neighborhood. He noted that the Bayberry Crest Subdivision wants to use their plat to come through his neighborhood as a rear access. He explained that there are 80 homes in his development, 40 homes in the Bayberry Crest development, and he requested that the Council look at the traffic hazards that would incur if the Bayberry Crest funnels into their neighborhood. He noted that the streets are narrower with •three daycares on it, and he also noted that the site distance on 132nd is very poor which has resulted in numerous accidents. He explained that another concern is that cars will turn into his development from SE 256th and cut through to 132nd. He noted that his neighborhood would like to stay a separate entity from Bayberry Crest with the possibility of just foot traffic passing through. Planning Director Harris clarified that testimony is not being taken tonight for this subdivision, but he encouraged Mr. Hren to come to the Council meeting on September 2nd to state exactly what he has said tonight for the record. ORR MOVED- to set September 2, 1997, as the hearing date on this Bayberry Crest project and to enter into the record the letter signed by Mr. Hren that was delivered tonight dated August 19, 1997. Bennett seconded and the motion carried. (CONSENT CALENDAR - ITEM 3K) Lang Preliminary Plat SU-96-25 SET September 2, 1997, as the date for a public meeting to con- sider the Hearing Examiners recommendation of approval for the Lang preliminary plat. This plat is 8.2 acres in size, consists of 37 single- family residential lots, and is located at 10104 and 19115 SE 248th. (OTHER BUSINESS - ITEM 4A) Singh Final Plat FSU-96-28. The City has re- ceived an application for the Singh Final Plat. This subdivision is .96 acres in size and is located on the south side of SE 244th Street, 600 feet east of 104th Avenue SE. Staff recommends -- approval of the application. ORR MOVED to 8 Kent City Council Minutes August 19, 1997 PLATS approve the Singh Final Plat with 18 conditions, as recommended by staff. Houser seconded and the motion carried. REZONE (OTHER BUSINESS - ITEM 4B) Granville-Southern Rezone RZ-97-1. The Hearing Examiner has recommended approval of an appli- cation to rezone approximately 18.93 acres of property from SR-11 Single-Family Residential, maximum allowable density of 1 unit per acre, to SR-3, Single-Family Residential, maximum allow- able density of 3 .63 units per acres. The property is located at 20450 92nd Avenue S. ORR MOVED to accept the Findings of the Hearing Examiner, to adopt the Hearing Examiner's recommendation of approval of the Granville- Southern Rezone, and to direct the City Attorney to prepare the necessary ordinance. Bennett seconded and the motion carried. ZONING CODE (OTHER BUSINESS - ITEM 4C) AMENDMENT planned Unit DOV6100MOut R6991.*ions ZCA-97-3. The Land Use & Planning Board has recommended amending the Planned Unit Development (PUD) section of the Zoning Code (15.040.080) . The proposed amendments are to allow PUDs to be developed in single-family zoning districts as long as the site is at least 100 acres in size; to allow attached dwelling units to be developed with a PUD in a single-family zone; and to allow a phased master plan process for the review and approval of PUDs on large sites. The Land Use & Planning Board held a public hearing on this matter on July 28, 1997 . Kevin O'Neill, Senior Planner, explained that the staff report in the agenda packet was not the correct report, but that he faxed all the councilmembers the correct one yesterday. He noted that this proposal came in as a regulatory review by Polygon Northwest to amend the existing Planned Unit Development ordinance in the City. He noted that the applicants are asking for three things as follows: 1) that Planned Unit Developments (PUDs) be allowed in single-family zoning districts; 2) that within a PUD area attached units be permitted; and 3) to allow a phased master plan process for approving a PUD. O'Neill explained that currently planned unit developments are not allowed in single-family _. zoning districts. He noted, however, that the 9 Kent City Council Minutes August 19, 1997 ZONING CODE amendments proposed would limit PUDs to those AMENDMENT sites which are 100 acres or more in size. He noted that the City's current PUD ordinance requires that a PUD be a specific development with building footprints and elevations, etc. He noted that there are currently no provisions for allowing larger, more conceptual master plan processes which would then allow phased develop- ment to occur over time. O'Neill noted that the Land Use and Planning Board held workshops on July 14 and July 21, and a public hearing on July 28th. He noted that the Board's recommendation is to approve the appli- cant's request with several provisos. Upon Orr's request, O'Neill went through the provisos. He noted that there are several recommended amend- ments to the ordinance which are outlined on pages 6, 7 & 8 of the July 28th staff report. He also noted that there were some amendments done by the Land Use and Planning Board which are indicated on the August 19th memorandum. O'Neill noted that the current PUD ordinance allows up to a 20 percent density bonus but that the Land Use and Planning Board is recommending the attached units not be allowed any density bonus. He noted that the Planning Board is also recommending that attached dwelling units in a single-family PUD be capped at two stories in height, and that the attached dwelling units be condominium units as opposed to rental units. O'Neill noted that the Planning Department advised the Land Use and Planning Board that a ruling from the City Attorney's Office is needed to determine whether or not it would be permis- sible. He noted that a memorandum has been distributed to Council, from the City Attorney's Office, stating that it would be permissible, in his opinion. O'Neill noted that a major part of the Land Use and Planning Board's recommendation is to allow a phased master plan conceptual pro- cess to be in place. He noted that the gross density of any PUD or Master Plan Development would be the same as the underlying zoning district. He noted that any Phased Master Plan would require at least 35% of the site be devoted to open space which is the same as the existing PUD Ordinance. He also noted that a Phased Master Plan Development would be reviewed with the same process as a Planned Unit Development 10 Kent City Council Minutes August 19, 1997 ZONING CODE which requires a community meeting, a public AMENDMENT hearing before the Hearing Examiner, and would use the same review criteria as a PUD. O'Neill noted that the Land Use and Planning Board is recommending that any PUD which allows a use that is not allowed in the underlying zoning district, be approved by the City Council. He explained that the current ordinance allows for the Hearing Examiner to actually approve a PUD with an appeal to the Council. He noted that part of the Land Use and Planning Board's recommendation is that if a use is permitted in a PUD that the under- lying zoning district doesn't allow, that the Council will have the final authority to act on those PUDs. Upon Houser's question, O'Neill explained that the issue of how much of a certain percentage of total units would be allowed for multi-family was discussed at length at both the Land Use and Planning Board's workshops and the hearing. He noted that the range anywhere from 75% to 50% had to be single-family. He noted that the final motion from the Planning Board, however, was to not have a percentage at all because there would be an adequate review process on any PUD with a community meeting, hearing examiner meeting, and the City Council for final action. O'Neill concurred with Mayor White that the Planning Board, at that time, was not aware of the provision for condominiums. He clarified for Houser 'that, at the hearing, the applicants noted their intent to build condominiums but that the Planning Board wanted to make it a requirement in the amendment because they didn't have the opinion of the City Attorney, at that point, about whether or not it would be permissible. He further clarified for Houser that the Council has the option of requiring that all multi-family be condominiums as part of the amendment. O'Neill explained for Houser that under the existing PUD ordinance, any residential PUD on ten acres or more is allowed to have commercial uses. He noted that the only testimony at the public hearing was from the applicants. O'Neill noted for Houser that the notices are published in the South County Journal, posted at the Kent Library and City Hall. McFall explained that the South County Journal is the City' s official newspaper. 11 Kent City Council Minutes August 19, 1997 Y ZONING CODE Orr noted that, in her opinion, this item has AMENDMENT not had enough public input to warrant making a decision to move forward. ORR MOVED for this item to go back to the Planning Committee for further review and possibly some revisions before moving forward. Houser seconded. Clark noted for Council President Houser that the Planning Committee will make sure that notices go into the Federal Way news. Houser noted that the Lakes project has been done beautifully and that this type of project can be done well but that she has concerns and wants to make sure that everyone has an opportunity to speak before the Council about it. Orr noted that one of her initial concerns was the lack of any public input at the Land Use and Planning Board's public hearing. She noted that a comprehensive plan was adopted by the Council approximately two years ago to insure that no new opportunities would be created for multi-family housing on either the East or West hills. She noted that around 1990 the City did a City-wide reduction in multi-family opportunities, specifi- cally on the East hill, and now there's the possibility of 450 units of a multi-family style development on 200 acres of single-family zoned property. She expressed that this goes against everything Council has done for the last few years, and that it concerns her greatly. She noted that the City eliminated the PUD from the single-family zones based on petitions received by the Council from a citizens group a few years ago because of the concern that single-family land was going to be used up in a multi-family style development. She hoped that the Council would have an opportunity to review this item thoroughly before it proceeds any further and gets beyond where Council has the option to make some types of restrictions. Bennett noted that he is opposed to multi-family dwellings, but that he views condominiums and townhouses a little differently. He noted that he had moved into The Lakes development for a year from a single-family dwelling and found it quite enjoyable. He noted that he has since bought a condo on the south end of town and that he enjoys the life style very much. He noted that the neighbors are wonderful, that everyone looks out for everyone, and it gives him the ability to 12 Kent City Council Minutes August 19, 1997 ZONING CODE downsize but still have the comforts of a single- AMENDMENT family dwelling. Johnson noted that it is important to recognize this as an opportunity for someone to develop a PUD, but that the Council is not granting a PUD at this time. He noted that this process is a part of the regulatory review and that Council needs to examine whether or not there should be a PUD process allowed in the City. He emphasized that the Land Use and Planning Board is recom- mending an amendment to the City's regulations and that PUDs should be permitted. He noted that the PUD being proposed is unique in that it requires a property to have a minimum of 100 acres in size in order to develop a PUD. He noted that it is not the same type of development that caused the City to amend the zoning code outlawing PUDs a few years ago. He noted that the laws have changed with the Growth Management Act and the King County-Wide Policies where cities have to adhere to and accept additional housing. He noted that the question for the city is how do we accommodate the future residents with state and county mandates. He noted that a PUD is one way to accomplish this goal. He noted that the regulatory review process is necessary and that a public hearing has to be held so he supports going ahead with this issue and opposes a motion of sending it back to the committee. Mayor White noted that the motion before the Council is to send this issue back to the Planning Committee. The motion carried with Johnson opposed. (OTHER BUSINESS - ITEM 4D) General Conditional Uses ZCA-97-5. The Land Use and Planning Board recommends that Section 15. 08.030, General Conditional Uses, be amended to include private schools to be permitted as Conditional Use permits. Currently, private schools do not need to go through the Conditional Use process, as do public schools. Planning Director Harris explained that the reason for this amendment is to have the conditional use permit in place for both the public and private schools so that they will be .. on the same playing field level. Upon Clark's question, Harris read the definition for schools 13 Kent City Council Minutes August 19, 1997 ZONING CODE and noted that there are situations in the City AMENDMENT that need to be addressed. ORR MOVED to approve Zoning Code Amendment ZCA-97-5 regarding Section 15. 08.030 (B) , as recommended by the Land Use and Planning Board, and to direct the City Attorney to prepare the necessary ordinance. Houser seconded and the motion carried. DIVERSITY (OTHER BUSINESS - ITEM 4E) (ADDED BY ARTHUR HARVEY, KENT CITIZENS ASSOCIATION) Diversity. Arthur Harvey, President of the Kent Citizens Assn, noted that at the August 5th Council meeting he had requested that members of his organization participate in the Diversity Task Force that the Mayor is organizing. He noted that he has resumes for those partici- pants along with a packet addressed to each Councilmember. Mayor White suggested that he give them to the City Clerk for distribution to the Council. COUNCIL (CONSENT CALENDAR - ITEM 30) (ADDED BY COUNCIL PRESIDENT HOUSER) Council Absence. APPROVAL of an excused absence from tonight' s meeting for Councilmember Woods. INSURANCE (CONSENT CALENDAR - ITEM 3F) Insurance Coverage for 1940 Fire Enqine APPROVAL to provide damage coverage for the 1940 antique fire engine through the self-insured small loss handling fund, since insurance values available in the market are less than half the actual restoration costs the Kent Fire Department has invested in this vehicle, as recommended by the Operations Committee. EMPLOYEE (CONSENT CALENDAR - ITEM 3G) SERVICES Neighborhood Traffic Control Position AUTHORIZATION for the creation of a Neighborhood Traffic Control Coordinator position, as recom- mended by the operations Committee. Funding for the remainder of 1997 will be covered through salary savings and plan check revenue. The final pay scale will be determined by Employee Services following creation of a job description. 14 Kent City Council Minutes August 19, 1997 PARKS & (CONSENT CALENDAR - ITEM 3C) RECREATION Glass Artwork Installation for Centennial Center. ACCEPTANCE of Artist Norman Courtney's public art proposal for the glass artwork installation at the Centennial Center with a budget of $75,000. The City of Kent Arts Commission recommends artist Norman Courtney for the glass public artwork installation for the Centennial Center. Chosen by a jury, the artists proposal features a Japanese rock garden and screen imagery made from cast glass in the display case. The barrel vaulted ceiling above the case will be treated with corresponding lighting and silver leafing. The project budget is $75, 000. The project is in the 1997 City Art Plan and Budget. (CONSENT CALENDAR - ITEM 3D) May Lou Becker Xemoraal Scholarship Fund. APPROVAL to amend the 1997 budget and beyond to reflect a revenue line and an- expenditure line for the Mary Lou Becker Memorial Scholarship Fund. �- Long-time City employee Mary Lou Becker passed away in April, 1997. Since that time, friends and family have directed memorial contributions to the Resource Center in Mary Louis name. Their intention was to create a scholarship fund to provide financial assistance to special popula- tions and youth/teen participants with documented need. (CONSENT CALENDAR - ITEM 3E) Tree Removal and Replacement. ACCEPTANCE of the tree replacement proposal from Puget Sound Energy, to be implemented over a five-year period. Puget Sound Energy (PSE) has identified 214 trees which are growing under, or adjacent to, overhead power lines which pose a threat to public safety and service interruption. PSE has proposed to remove these trees and provide the City with re- placement trees which will not cause a continued threat. Staff has reviewed the request and identified issues for consideration. The pruning of these 214 trees will be performed by PSE as needed on an interim basis to maintain service reliability and public safety. 15 Kent City Council Minutes August 19, 1997 PARKS & (CONSENT CALENDAR - ITEM 3N) RECREATION (ADDED BY COUNCILMEMBER JOHNSON) Consolidated Food Management Contract. APPROVAL of a contract with Consolidated Food Management, Inc. for three years to use the Senior Center kitchen for the preparation of meals to be served off-site to immigration and naturalization detainees, and other clients as needed. Councilmember Johnson explained that this item had come before the Operations Committee today and that they voted for approval but due to time constraints, it is necessary for the contract to be adopted by the Council tonight so that the contract can be signed. There were no objections from the Council. Consolidated Food Management, Inc. , the current food service provider for the Senior Center lunch program, has requested expanded use of the Senior Center kitchen for the preparation of meals to be served off-site to immigration and naturalization detainees, and other Consolidated Food Management clients as needed. Consolidated Food Management has requested a three-year period of commitment. In exchange, Consolidated Food Management will pay the Senior Center $50,000 annually. Addi- tionally, in order to accommodate the program, Consolidated Food Management will purchase new kitchen equipment (valued at approximately $40, 000) which the Senior Center will own after three years. Staff feels confident that there will be minimal impact on the facility, senior programming, or facility rentals. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Hills. APPROVAL of payment of the bills received through July 15 and 'paid on July 15, 1997, with the additional approval of payment of bills received through July 31 and paid on July 31, 1997 after auditing by the Operations Committee on August 5, 1997. Approval of checks issued for vouchers: Date Check Numbers I Amount 7/15/97 186648-186939 $ 725,471. 67 7/15/97 186940-187322 1, 613 ,516.80 $2, 338,988.47 16 Kent City Council Minutes August 19, 1997 FINANCE 7/31/97 187323-187613 $ 936,010.03 7/31/97 187614-188033 391,483 . 10 $3 , 327, 493 . 13 Approval of checks issued for payroll for July 1 through July 15 and paid on July 18, 1997, with additional checks issued for July 16 through July 31 and paid on August 51 1997: 'hack Numbers Amount 7//118�/97 Checks 221125-221498 $ 295,425.42 7/18/97 Advices 47872-48356 689 .280. 90 $ 984,706.32 8/5/97 Checks 221499-221860 $ 274,716.36 8/5/97 Advices 48357-48846 650. 161.52 $ 924,877.88 BUDGET (PUBLIC HEARINGS - ITEM 2B) 1998 Budget and Capital Improvement Program. This date has been set for the first public hearing on the 1998 Budget and Capital Improvement Program. Public input is desired and welcome as the City begins to prepare for the 1998 budget. Finance Director Miller explained that many requests have been received from the different City departments and that they are now in the balancing stage for the budget. She noted that the main reason for the public hearing tonight is to find out if the public would like to have money added to the operating budget. She stated that the operating budget primarily pays for . Police, Parks, Street Maintenance, Fire, and all the government operations. She noted that there will also be a Council Workshop on October 21st to present a proposed budget. She explained that there will be time to make changes between October and November when the final budget is adopted. She noted that the plan is to adopt the budget on November 18th. Miller noted that the public hearing is also for the Capital Improvement Plan (CIP) . She ex- plained that the Capital projects in the City include all of the transportation projects, the corridors, sports fields, maintenance of parks, maintenance of the City-owned buildings, and - Corrections Facility. She noted that in the Capital Facilities Plan the City actually has 17 Kent City Council Minutes August 19, 1997 BUDGET $2,300, 000.00 that is the annual amount of money available to allocate to governmental projects. She noted that in addition to this, there are some specific monies that are used just for corridors and individual money that is used for water projects, drainage projects, and sewer projects. Mayor White opened the public hearing. Arthur Harvey, President of the Kent Citizens Asso- ciation, inquired as to whether there was any funds designated in this budget for diversity training. Mayor white noted that his request will be taken into consideration. HOUSER MOVED to close the public hearing. Orr seconded and the motion carried. (CONSENT CALENDAR - ITEM 3H) Budaet Adjustment Ordinance. ADOPTION of Ordinance No. 3358 and APPROVAL of the technical budget adjustment for budget changes made between January 1 and June 30, 1997, as recommended by the Operations Committee at their August 5, 1997 meeting. The adjustment totals $17, 332, 621 and is primarily for capital projects but also includes the six month budgets for Del Mar and Meridian Valley annexations made through June 10, 1997, totaling $17, 332, 621. REPORTS Council President. Houser reminded the Council and the public that September 20th will be the City Open-House. She noted that all departments will be open for touring, and that there will be some balloon animals and food. She also noted that everyone is welcome to attend on Saturday from 12:00-3 : 00 p.m. ORSratiOus COmmittee- Johnson noted that the next Operations Committee meeting will be held on September 2nd at 5: 30 p.m. Public Works Committee, Clark noted that tomorrows meeting, August 20th, has been can- celled and that the next meeting will be held on September 3rd at 3 :30 p.m. Planning Committee. Orr noted that the Planning Committee will hold a special meeting on September 2nd to deal with a couple of- time- sensitive items and that the next regular meeting 18 Kent City Council Minutes August 19, 1997 REPORTS will be held on September 16th. She also noted that both meetings will begin at 4 : 00 p.m. Administrative Marts, McFall noted that there will be a very brief Executive Session to discuss negotiations on property acquisition. He noted that no action is anticipated and that the execu- tive session will be approximately 10 minutes. EXECUTIVE At 8:17 p.m. , the Council recessed to Executive SESSION Session for approximately ten minutes to discuss negotiations for property acquisition. GOLF COURSE The meeting reconvened at 8: 30 p.m. Orr re- TASK FORCE quested information from the Golf Course Task Force meeting that reviewed the requests for proposals (RFP's) for the management of the golf course. McFall explained that there are no minutes or tapes of this meeting because in an RFP proposal, whether it be architects, con- tractors, etc. , it is a presentation so it is not something where minutes are kept on it. He did note, however, that staff could make a presenta- tion to the Council as to what transpired and what the presentation included. Upon Orr's question, Johnson noted that by the second meeting in September a recommendation should be coming back to Council. McFall clarified for Orr that it will probably not come before Council any time sooner than the second meeting in September, but he noted that the action of Council was to have the two contractors make a presentation to the full Council. He noted that John Hodgson, Parks Director, has been working with Council- member Woods on this item and trying to decide whether or not to have the presentation done at a Council meeting or some type of separate workshop setting. He noted for Houser that they will try to get it scheduled for around September 16th. Bennett noted that he will be out of town for the meeting of September 16th and requested that the presentation be scheduled either before or after the September 16th Council meeting. TRANSPORTATION- Orr noted that on the Cable channel the other GRADE morning, she saw an August 6th press conference SEPARATION with a number of people from Washington, DC, and local elected officials and that she was not aware of that press conference. She requested a report as to why the group was here and what the outcome of the press conference was. Mayor White 19 Kent City Council Minutes August 19, 1997 TRANSPORTATION- explained for Orr that it was a press conference GRADE between the Governor and the Chair of the House SEPARATION Committee for Transportation from Washington, DC, which was a last minute thing. Mayor White further explained that the purpose of the press conference was to highlight the grade separation issue. He noted that the group is doing this throughout the Puget Sound Region. McFall noted . that the City received a last minute notice of this press conference and he apologized to the Council for not notifying them. ADJOURNMENT The meeting adjourned at 8 : 35- p.m. Donna Swaw Deputy City Clerk 20 Kent City Council Meeting Date September 2 , 1997 Category Consent Calendar 1. SUBJECT: MERIDIAN VALLEY ANNEXATION ZONING AZ-97-1 - SET HEARING DATES 2 . SUMMARY STATEMENT: Authorization to set September 16, 1997, and October 21, 1997, as public hearing dates to consider the initial zoning for the Meridian Valley annexation area. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3C Kent City Council Meeting Date September 2 . 1997 Category Consent Calendar 1. SUBJECT: GRANVILLE-SOUTHERN REZONE RZ-97-1 - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. ✓- Q related to the Granville-Southern Rezone No. RZ-97-1. The City Council approved the rezone on August 19, 1997 . This rezone is approximately 18.93 acres of property from SR-1, Single-Family Residential, maximum allowable density of 1 unit per acre, to SR-3 , Single-Family Residential, maximum allowable density 3 . 63 units per acre. The property is located at 20450 92nd Avenue S. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: City Council (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 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Kent Zoning Map to rezone approximately 18.93 acres of property from SR-1, Single Family Residential, to SR-3, Single Family Residential, with a maximum allowable density of 3.63 units per acre. WHEREAS,a request to rezone approximately 18.93 acres of property from SR-1, Single Family Residential, with a maximum allowable density of one unit per acre to SR-3, Single Family Residential, with a maximum allowable density of 3.63 units per acre was filed by the applicant on April 12, 1997; and WHEREAS, on May 15, 1997, the responsible official issued a final mitigated determination of non-significance (DNS- #ENV-97-20). WHEREAS, on June 18, 197, the Kent Hearing Examiner conducted a public hearing on the proposed Granville Southern Rezone for property located at 20129 and 20227 92nd Avenue South, from SR-1, Single Family Residential, to SR-3, Single Family Residential; and WHEREAS, at the hearing, the City of Kent staff recommended approval of the Granville Southern Rezone No. RZ-97-1, without conditions; and WHEREAS, pursuant to Kent City Code, Section 15.09.050(C)(1-5), the Hearing Examiner made findings that the proposed rezone is consistent with the Kent Comprehensive Plan, the proposed rezone and subsequent development of the site would be compatible with development in the vicinity, that the proposed rezone would not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which could not be mitigated,that circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone, and that the proposed rezone would not adversely affect the health, safety, and general welfare of the citizens of Kent; and WHEREAS, based on the Findings and Conclusions of the Hearing Examiner, the Examiner recommends to the City Council to approve the request for a rezone without conditions; provided that if any development proposal materializes in the future, potential conditions may be those listed in Finding of Fact No. 8, and that a potential developer should be required to take into consideration, citizen's concerns listed in Finding of Fact No. 9. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: _. S_F.CTION 1. The City of Kent Zoning Map is hereby amended to establish a new zoning map designation for property located at 20129 and 20227 - 92nd Avenue South, from SR-1, Single Family Residential, with a maximum allowable density of one (1)unit per acre, to SR-3, Single Family Residential, with a maximum allowable density of 3.63 units per acre as depicted in the attached Exhibit A and incorporated herein by this reference (RZ-97-1). SECTION 2. -Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 2 .4_F.CTION 3. -Effective Date. This Ordinance shall take effect and be in force five(5)days from and after its passage,approval,and publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 11997. APPROVED: day of 11997. PUBLISHED: day of 1997. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:V.AW WRDINANOZMAMORD "" 3 • City of Kent - Planning Department a d F7 Q fl p (� Q O Moe .10&1 0 ❑ v LJ 12 ❑ Q a t I tia U } � I a Do q 1 r-I 1 1 1 a 6 0 -„_ - o a - ❑ d APPLICATION NAME: Granville-Southern NUMBER: #RZ-97-1 DATE: June 18, 1997 REQUEST: Rezone LEGEND A Application site N Zoning/Topography Zoning boundary City limits EXHIBIT.. lof IL City of Kent - Planning Department 192 ST ST r 6 J p d J S 194 ST m a 4q O S 196 ST 4 7 ST p O a s a m S !g ¢ O S 200 ST W O1 S 200 ST n J > .�'. ,.. .... S 202 ST ��, ... 01 S t u 3 203 PL > S 203 ¢ a .t-.y: rusi s w 'tiC ST N S 204 Pt N a+ 20S P yW a S 206 Pl N e 07 a S J - L•il b a w a � f4 s 207 Pn 5 208 ST 2 Y tt S� S S 212 ST _ 1 APPLICATION NAME: Granville-Southern NUMBER: #RZ-97-1 DATE: June 18, 1997 7QUEST: Rezone LEGEND A Application site N Vicinity Map - i i s Railroad tracks � � City limits 2 ................ Kent City Council Meeting Date September 2 . 1997 Category Consent Calendar 1. SUBJECT: GENERAL CONDITIONAL USES ZCA-97-5 - ORDINANCE 2. SUMMARY STATEMENT: Adoption of Ordinance No. .JJyv relating to Zoning Code Amendment ZCA-97-5 to amend Section 15. 08 .030, General Conditional Uses, authorizing private schools to locate in all zoning districts by general conditional use permits. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: City Council (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 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 15.08.030 of the Kent Zoning Code,to authorize private schools to locate in all zoning districts by general conditional use permit. WHEREAS, private schools are increasingly popular as an alternative to public schools; and WHEREAS, under the Kent City Code, private schools are not currently required to submit to a regulatory process; and WHEREAS,the Kent Land Use and Planning Board held a public hearing on July 28, 1997, and considered allowing private schools to locate in all zoning districts by general conditional use permit; and WHEREAS,the Land Use and Planning Board recommended approval of a zoning code amendment authorizing private schools to locate in all zoning districts by general conditional use permit;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: 4F.C'TION 1 Section 15.08.030 of the Kent City Code is hereby amended as follows: Sec. 15.08.030. General conditional uses. A. Purpose. It is the purpose of this section to identify certain types of land uses that usually require relatively greater freedom of location than other uses restricted to certain districts by this title. General conditional uses may be allowed in the various zoning districts following the procedures in this section 15.09.030. General conditional uses may have one (1) or all of the following characteristics: 1. Public necessity requires such use in all or several districts. 2. Their technical, operating or service characteristics are such as to make it impractical to restrict their location only to certain districts. 3. Although they fit the description in subsections 1. and 2. of this section, their impact or effect on the immediate neighborhood or vicinity in which they are located may be detrimental in the absence of adequate performance standards, development controls or good site planning. It is,therefore, the purpose of this section to reconcile potential conflicts between public necessity of certain uses and their possible detrimental effects on other uses. B. Types of uses identified. The uses identified for the purpose of this section will generally fall into several broad categories, as follows: 1. Utility, transportation and communication facilities. Includes electrical substations, pumping or regulating devices for the transmission of water, gas, steam, petroleum, etc., bus stops, transit stations, etc. 2. Public facilities. Includes firehouses, police stations, libraries and administrative offices of governmental agencies, primary-and-seeen dary 3. Open space uses. Includes cemeteries,parks,playgrounds, golf courses and other recreation facilities, including buildings or structures associated therewith. 4. Drive-in churches; welfare facilities. Drive-in churches, retirement homes, convalescent homes and other welfare facilities (excluding group homes class I, II and III as defined in section 15.02.173), whether privately or publicly operated, facilities for rehabilitation or correction, private clubs, fraternal lodges, etc. 2 _.. 5. Schools Prim= and seco ls vocational schools and colle¢es. wh er private icly operated. SECTION 2. -. everability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 4ECTION 3 - Efective Date. This Ordinance shall take effect and be in force five (5) days from the time of its final approval and passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED: day of 11997. APPROVED: day of 11997. PUBLISHED: day of 1997. 3 I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P U.AVAORDINANCTONDITIO.ORD 4 __ Kent City Council Meeting Date September 2 , 1997 Category Consent Calendar 1. SUBJECT: 1998 CDBG PROGRAM - SET HEARING DATE 2. SIIMMARY STATEMENT: Authorization to set September 16, 1997 , as the date for the public hearing to consider the 1998 Community Development Block Grant Program (CDBG) . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. - 3F Kent City Council Meeting Date September 2 1997 Category Consent Calendar 1. SUBJECT: LAW ENFORCEMENT EDUCATION PARTNERSHIP PROGRAM GRANT - ACCEPTANCE 2 . SUMMARY STATEMENT: Acceptance of the Law Enforcement Education Partnership Program (LEEP) grant in the amount of $291355. This is year two funding and will be used primarily for 10 hours of staff time as well as provide materials, professional services and teacher stipends for youth conference participants. 3 . EXHIBITS: Grant contract 4 . RECOMMENDED BY: Staff and Public Safety Committee 8/19/97 (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. 3G ' 4TATY ,SOT' ai O� ..1 �y T �'t IPtl9 a STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC-DEVELOPMENT 906 Columbia St. SW • PO Box 48300 • Olympia, Washington 98504-8300 • (360) 753-2200 July 9, 1997 Ms. Lori Keller, Public Education Specialist City of Kent Police Department 220 -4th Avenue South Kent, Washington 98032 Dear Ms. Keller: Enclosed for your signature are three copies of the Law Enforcement Education Partnership Program Contract No. F97 370-055, covering the grant period.from July 1, 1997 through June 30, 1998. Please review the contract documents carefully. All three copies of the contract face sheet should be signed and returned to us as soon as possible, along with all three copies of the contract specifics and generals. In addition,please have the Signature Authorization form completed with original signatures(stamped signatures cannot be accepted) and return it with the - signed contracts. Upon receipt of the signed contracts and Signature Authorization form,I will secure an appropriate signature from the Department. Once the contract is fully executed, I will.return a copy to you for your files: If you have any questions, please contact me at(360) 586-7653. Sincerely, �J Jan Butler Program Coordinator JB:dlh Enclosures MEMORANDUM TO: KELLI ROGERS CC: Lt .Glenn Woods Mary Ann Kern FROM: NANCY MATHEWS SUBJECT: COUNCIL ACCEPTANCE OF LEEP GRANT DATE: JULY 189 1997 Attached is the original and 2 copies of the State of Washington Department of Community, Trade and Economic Development Law Enforcement Education Pa==I-iv Program (LEEP) Contract No. F97-370-055. Request Council Approval to accept the grant in the amount of$29,355. This is year two funding and will be used primarily for 10 hours of staff time (Michelle 11Tigas) as well as provide materials, professional services and teacher stipends for youth conference participants. Once authorized, all three copies of the contract face sheet and contract specifics and generals should be signed and returned to CTED to execute. Also attached, the Signature Authorization should be signed by Chief Crawford and Captain Jim Miller and returned to CTED. Thank you for your assistance in this matter. leepca 14A-ME . f t ax v �'# axxxN „b.:s�i� cad ; < 3> WEN �, ),z� Fv 3 i 3-v' $>�� �ETA:[ <o-c ¢x; 3 �>.+.',.•{3 x l�, i :< .. a. .>s;...a,,.�+.,�w...in*'-w,�..u�.+ v ,xv> ,»�a3;>xs..x,xs.;.,.,,..�,3 Yass•_tts,�*+>,:..�,3:,>3�v;3s s s' xw, • 1 � • 1 < st E. .'#` � Es ws:z.....vi:w:.s6x...a...,......,,.>.s................. ... , �2, £ 5 ♦ `.b s £ <3i w {�L zj a Zc2�� �i3� b.' Y3£i£<£�-. > s�� ;�' s • I - - < { sbE s u `��' aX YJS+ix.d.-4»£.3.un3a..x5.uva4..x+l:kuvSSx: .. 1AJOUMFOlkyl DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT 906 Columbia Street SW Post Office Box 48300 Olympia, Washington 98504-8300 SIGNATURE AUTHORIZATION INSTRUCTIONS All Signatures MUST be original Stamped signatures will not be accented. 1. Enter the name of the organization functioning as contractor and the date you are completing this form_ 2. Enter the name of the program(ie: Law Enforcement Education Partnership Program) and the CTED contract number. 3. Enter the name of the person or persons who are authorized to sign applications and requests for revised applications(amendments). . EXAMPLE:_.. - - -- - - _ - SIGNATURE PR]NT OR TYPE NAME TmE John Goforth John Goforth Program Developer 4. Enter the name of the person or persons who are authorized to sign contracts and contract modifications (amendments). 5. Enter the name of the person or persons who are authorized to sign vouchers. It is advisable to designate more than one person who can function in this capacity. 6. Enter the name of the person or persons who have the authority.to authorize contract(s) and agreements such as, county commissioner, executive director, or program director. This should be the same person as identified in the "Authorized to Sign Contracts" section. STATE OF WASE[INGTON DEPARTMENT OF COMMUNITY,TRADE AND ECONOMIC DEVELOPMENT COMMUNITY-SERVICES CONTRACT SPECIFIC TERMS AND CONDITIONS LAW ENFORCEMENT EDUCATION PARTNERSHIP (LEEP) This AGREEMENT is entered into by and between the DEPARTMENT OF COMMUNTT e, TRADE AND ECONOMIC DEVELOPMENT, (hereinafter referred as the DEPARTMENT) and CONTRACTOR- NOW, THEREFORE, in consideration of covenants, performances, and promises contained herein, the parties hereto agree as follows: FUNDING SOURCE The total federal funds reflected on line 12 of the CONTRACT Face Sheet have been provided to the Department by the United States Department of Education under the SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT OF 1994. SCOPE OF SERVICES The CONTRACTOR shall administer funds awarded hereunder solely for targeted and coordinated strategies to reduce the incidence and impact of violence, the use of tobacco, and abuse of alcohol and other drugs among school-age youth under the Safe and Drug Free Schools and Communities Act of 1994. Allowable activities under this CONTRACT shall include,but not be limited to, the following: 1. The continuation, development and implementation of projects for drug education and services such as: programs which provide classroom instruction by uniformed law enforcement officials, before and after-school activities in public and private schools, partnerships between law enforcement and child guidance professionals, and violence prevention activities; 2. The development and implementation of innovative projects which emphasize interactive learning techniques, such as mock trial competitions and other programs in which district attorneys provide classroom instruction in the law and legal system, as defined in Section 4114(d)of the Safe and Drug Free Schools and Communities Act of 1994. PERFORMANCE STANDARDS The CONTRACTOR shall perform the projects defined by the CONTRACTOR in the Law Enforcement Education Partnership Program, 1996-98 Application For fimding, submitted to the DEPARTMENT, as amended and approved by the DEPARTMENT; and such application is incorporated herein; and in accordance with the budget and estimated expenditure plan, as stated on the CONTRACT Face Sheet and in accordance with the policies and procedures issued by the DEPARTMENT. 1 of 6 me PERIOD OF OBLIGATION The CONTRACT period during which financial assistance may be provided is as indicated on line 5 of the CONTRACT Face Sheet. The effective date of this contract shall be the date the last party signs this CONTRACT. ALLOWABLE COSTS Allowable costs shall include costs incurred by the CONTRACTOR from the first date of the contract until this contract is terminated or expires as provided herein, but in no event shall allowable costs exceed the maximum amount of the CONTRACT as provided on line 12 of the CONTRACT Face Sheet. Costs allowable under this CONTRACT are based on a budget approved by the DEPARTMENT. The DEPARTMENT shall pay to the CONTRACTOR all allowable costs incurred from the effective date until this contract is terminated or expires as evidenced by proper invoice, submitted to the DEPARTMENT on a timely basis and approved by the DEPARTMENT, insofar as those allowable costs do not exceed the amount appropriated or otherwise available for such purposes as stated on the CONTRACT Face Sheet. NON-SUPPLANTING The CONTRACTOR shall not use funds provided by the DEPARTMENT to supplant local, state or other federal funds. The CONTRACTOR shall.be eligible for reimbursement for services performed for this contract which are in addition to services performed by the CONTRACTOR prior to the original receipt of grant funds provided through the Law Enforcement Education Partnership Program. The CONTRACTOR shall not use these funds to replace funding which would otherwise be made available to the CONTRACTOR had this funding not been provided. PROGRAM MANAGEMENT The DEPARTMENT Program Coordinator shall be responsible for monitoring the performance of this CONTRACT, including approval and acceptance of reports provided by the CONTRACTOR The Program Coordinator shall provide and facilitate assistance and guidance to the CONTRACTOR as necessary. PROGRAM ADMINISTRATION The CONTRACTOR shall notify the DEPARTMENT of the local program administrator who shall be responsible for the performance of this CONTRACT. The CONTRACTOR shall provide the DEPARTMENT with the program administrator's name, address, telephone number(s), and any subsequent changes. 2 of 6 SAFE UARDING OF CLIENT INFORMATION The use or disclosure by any party of any information concerning a client, who is a person receiving LEEP services, for any purpose not directly connected with the administration of the DEPARTMENT's or the CONTRACTOR's responsibilities, with respect to services provided under this CONTRACT, is prohibited except by written consent of the client or his or her legal representative. This provision should not be construed to prohibit disclosure of any public records subject to disclosure under Chapter 42.17 RCW. BUDGET REVISIONS The CONTRACTOR shall submit to the DEPARTMENT written request(s)to effect any change(s)in the project budget which reflect a cumulative transfer of greater than ten(10) percent in the aggregate among budget line items as indicated on the CONTRACT Face Sheet, or $10,000, whichever is the lesser amount. The DEPARTMENT may approve or deny request(s) at its sole discretion. REPORTING REQUIREMENTS The CONTRACTOR shall submit required reports by the date due using required fortes according to DEPARTMENT procedures. These reports and their due dates shall include; but not be limited to: - REPORT - DATE DUE 1. Expenditure Report and Request for The 15th of the month following the month in Reimbursement which expenditures were incurred. 2. Semi-Annual Program Activity Report The 15th of the month following each six- month period in which activities were performed. (July-December, January-June). 3. Final Expenditure Report Ten(10) days following the close of the CONTRACT period. 4. Program Summary Report Fifteen(15) days following the close of the CONTRACT period. The CONTRACTOR shall be obligated to submit required reports after the close of the CONTRACT period, during the transfer of obligations to another CONTRACT, or upon termination of the CONTRACT for any reason 3 of 6 s MW REIMBURSEMENT PROVISIONS 1. BILLING PROCEDURES a. The CONTRACTOR shall submit an Expenditure Report and Request for Reimbursement form to the DEPARTMENT by the fifteenth(15th) of the month following the month expenses were incurred, indicating the type of services rendered and costs incurred by the CONTRACTOR during the preceding month, with the exception of the final expenditure report, which shall be submitted within ten(10) days following the close of the contract period. b. Within twenty(20) days after receiving and approving the required reports,the DEPARTMENT shall remit to the CONTRACTOR a warrant covering the cost of the prior agreed upon activities. All reports must be submitted to the DEPARTMENT within 15 days from the CONTRACT ending date, as stated on the CONTRACT Face Sheet, except as specified above, or within 15 days of the termination of this CONTRACT. 2. MATCH FUNDS (10 percent of CONTRACT) The CONTRACTOR shall provide a 10 percent local match. The CONTRACTOR may expend match funds in a greater proportion than budgeted; however,the CONTRACTOR must expend all match funds as indicated on the CONTRACT Face Sheet(line 13)prior to the termination or expiration of the CONTRACT. 3. MONTHLY RECONCILIATION The DEPARTMENT Program Coordinator shall review the CONTRACTOR level of actual expenditure against the estimated expenditures as included on the CONTRACT Face Sheet. Failure of the CONTRACTOR to achieve a satisfactory level of 75 percent of estimated expenditures on a quarterly basis may result in a reduction of funds. The DEPARTMENT reserves the right to determine the amount of such a reduction at its sole discretion. Any reduction shall be based on a review of the CONTRACTOR's spending pattern,Monthly Expenditure Report and Request for Reimbursement(s), Semi-Annual Program Activity Report(s) and discussion between the DEPARTMENT and the CONTRACTOR 4. WITHHOLDING OF REMBURSEMENT PAYMENT The DEPARTMENT may withhold reimbursement payment if the CONTRACTOR fails to submit required reports to the DEPARTMENT. Upon the CONTRACTOR's submittal of required reports, the DEPARTMENT shall make payment to the CONTRACTOR as provided herein. The CONTRACTOR's failure to submit reports as specified is grounds for the DEPARTMENT to terminate the CONTRACT as provided herein. 4 of 6 slcwiso FCcmrrtAcnsoamisveU"srooc ACKNOWLEDGMENT OF FEDERAL FUNDS The CONTRACTOR and its SUBCONTRACTORS shall comply with the special conditions listed below: 1. The CONTRACTOR agrees that, when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal funds, the CONTRACTOR and all SUBCONTRACTORs receiving federal funds under this CONTRACT, including but not limited to state and local governments and school districts, shall clearly state: a. The percentage of the total cost of the program or project which will be financed with federal funds; and b. The dollar amount of federal funds for the project. 2. The CONTRACTOR agrees that any publication written, visual, or sound, but excluding press releases, newsletters, and issue analyses issued by the CONTRACTOR or by any SUBCONTRACTOR describing programs or projects funded in whole or in part with federal funds under this CONTRACT, shall contain the following statement: "This project was supported by a grant from the Safe and Drug-Free Schools and Communities Act of 1994,U.S. Department of Education. Points of view or opinions contained within this document do not necessarily represent the official position of the U.S. Department of Education." 3. The CONTRACTOR agrees that one copy of any such publication will be submitted to the DEPARTMENT to be placed on file and distributed as appropriate to other potential contractors or interested parties. The DEPARTMENT may waive the requirement for submission of any specific publication upon submission of a request providing justification from the CONTRACTOR EVALUATION AND MONITORING The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this CONTRACT. The DEPARTMENT, the State Auditor, or a representative of the United States Department of Education, or any of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT, the State Auditor, or the Department of Education may deem necessary, all of the CONTRACTOR records with respect to all matters covered in this CONTRACT. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payroll, and records of matters covered by this CONTRACT. Such rights extend for six years from the date final payment is made hereunder. 5 of 6 s MW i ENTIRE AGREEMENT This CONTRACT contains the entire agreement of the parties and may not be modified or amended except as provided herein. The CONTRACTOR shall perform in accordance with the Specific and General Terms and Conditions of this CONTRACT. No other understanding, oral or written, regarding the subject matter of this CONTRACT shall be deemed to exist or to bind any of the parties hereto. The CONTRACTOR shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments. This CONTRACT consists of the following documents: 1. CONTRACT FACE SHEET; 2. CONTRACT SPECIFIC TERMS AND CONDITIONS; 3. CONTRACT GENERAL TERMS AND CONDITIONS; 4. DEPARTNiENT's 1996-98 Law Enforcement Education Program Request for Proposal; and 5. CONTRACTOR 1996-98 Law Enforcement Education Program Application For Funding. ORDER OF PRECEDENCE In the event of any inconsistency in this CONTRACT, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order. 1. Applicable federal statutes and regulations; 2. Applicable state statutes and regulations; 3. CONTRACT FACE SHEET; 4. CONTRACT Specific Terms and Conditions; 5. CONTRACT General Terms and Conditions; 6. DEPARTMENT's 1996-98 Law Enforcement Education Program Request for Proposal; and 7. CONTRACTOR's 1996-98 Law Enforcement Education Program Application For Funding. 6 of 6 DEPARTMENT OF COMMUNITY,TRADE AND ECONOMIC DEVELOPMENT COMMUNTTY SERVICES CONTRACT GENERAL TERMS AND CONDITIONS DEFINITIONS As used throughout this CONTRACT, the following terms shall have the meanings set forth below: 1. "DEPARTMENT" shall mean the Department of Community, Trade and Economic Development of the State of Washington, any division, section, office, unit or other entity of the DEPARTMENT, or any of the officers or other officials lawfully representing the DEPARTMENT. 2. "CONTRACTOR shall mean the agency, firm, provider, organization, individual or other entity performing services under this CONTRACT. It shall include any Subcontractor retained by the prime CONTRACTOR as permitted under the terms of this CONTRACT. 3. A"SUBCONTRACTOR" shall mean a person or entity who is not an employee of the CONTRACTOR, who is an individual, or other entity performing all or part of the services under this CONTRACT, under a separate written CONTRACT with the CONTRACTOR It shall include any SUBCONTRACTOR retained by the prime CONTRACTOR as permitted under the terms of this CONTRACT. The terms "SUBCONTRACTOR" and "SUBCONTRACTORS" mean SUBCONTRACTOR(s)in any tier. QOVE1LNiPT LAW AND VE M This CONTRACT shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by,the laws of the State of Washington. Venue of any suit between then parties arising out of this CONTRACT shall be the Superior Court of Thurston County, Washington. CONTRA TOR NOT EMPLOYEE OFFICER OR AGENT OF AGENCY The CONTRACTOR, and his/her employees or agents performing under this CONTRACT, are not deemed to be employees, officers, or agents of the DEPARTMENT in any manner whatsoever. The CONTRACTOR will not hold himself/herself out as, nor claim to be an officer,employee, or agent of the DEPARTMENT or of the State of Washington by reason hereof and will not make any such applicable claim, demand, or application to or for any right or privilege. CONTRACT MODIFICATIONS The DEPARTMENT and the CONTRACTOR may request changes in services to be performed with the funds, or in the amount of funds to be reimbursed to the CONTRACTOR Any such changes that are mutually agreed upon by the DEPARTMENT and the CONTRACTOR shall be incorporated herein by written amendment to this CONTRACT. h is mutually agreed and understood that no alteration or variation of the terms of this CONTRACT shall be valid unless.made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. However, the DIRECTOR may, at any time, by written notification to the CONTRACTOR and l of 13 � roc without notice to any known guarantor or surety, make changes within the general scope of the services to be performed under this CONTRACT. If any such change causes an increase or decrease in the cost of or at the time required for the performance of this CONTRACT, an equitable adjustment may be made in the CONTRACT price or period of performance, or both, and the CONTRACT shall be modified in writing accordingly. SUBCONTRACTS Neither the CONTRACTOR nor any SUBCONTRACTORs shall enter into SUBCONTRACTs for any of the work contemplated.under this CONTRACT without obtaining prior written approval of the DEPARTMENT. DUPLICATION OF COSTS The CONTRACTOR certifies that work to be performed under this CONTRACT does not duplicate any work to be charged against any other CONTRACT, SUBCONTRACT, or other funding. The CONTRACTOR shall include the provisions of this clause in any SUBCONTRACT. NONDISINATION During the performance of this CONTRACT, the CONTRACTOR shall comply with the DEPARTMENT's nondiscrimination plan and the federal and state laws upon which it is based. Requirements of the nondiscrimination plan are hereby incorporated by reference, and include,but are not limited to: 1. Nondiscrimination in employment: The CONTRACTOR shall not discriminate against any . employee or applicant for employment because of race, color, sex,religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. The CONTRACTOR shall take affirmative action to ensure that employees are employed and treated during employment without discrimination because of their race, color, religion, sex, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to,the following: employment upgrading, demotion, or transfer, recruitment or selection for training, including apprenticeships and volunteers. 2. Nondiscrimination in services: The CONTRACTOR shall not discriminate against any person eligible for services or participation in the program because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam Era or disabled veterans status or the presence of any sensory, mental or physical handicap. 3. Religious Activity: The CONTRACTOR shall not use any curricula or materials which have any religious orientation. The CONTRACTOR shall not require participants under this CONTRACT to participate in any religious activity. 2of13 SACFL DFecaNnxACrSOneRS42EP ecNDOC NONCOMPLIANCE WITH NONDISCIt INATION PLAN In the event of the CONTRACTOR's noncompliance or refusal to comply with the above non- discrimination plan, this CONTRACT may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further CONTRACTS with the DEPARTMENT. The CONTRACTOR shall, however, be given a reasonable time, in no event to exceed thirty(30) days, in which to correct this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. COMPLIANCE WITH T Al MMANS WMLDISABII.T"t M ACT OF 1990 The CONTRACTOR shall comply with the Americans with Disabilities Act of 1990(ADA), 42 U.S.C. Section 12101 et seq. and its implementing regulations. This act provides comprehensive civil rights protection to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. USE OF MINORITY AND WOMEN BUSIN ENTERPRISES The CONTRACTOR shall provide the maximum opportunity to Minority-and Women-Owned Business Enterprises to participate in the performance of the CONTRACT. This condition shall be included in all SUBCONTRACTS under this CONTRACT. n�mEMNIFICATION The CONTRACTOR agrees that he or she is financially responsible(liable)for any audit exception or other financial loss to the State of Washington which occurs due to the negligence,intentional acts, or failure for any reason, to comply with the terms of this CONTRACT by the CONTRACTOR and/or its agents, employees, SUBCONTRACTORS or representatives. The CONTRACTOR further agrees to protect, defend and save the State,its elected and appointed officials, agents and employees, while acting within the scope of their duties as such,harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the CONTRACTOR's employees or third parties on account of bodily or personal injuries, death, or damage to property or any other liability arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the CONTRACTOR and/or its agents, employees, SUBCONTRACTORS or representatives under this CONTRACT. The CONTRACTOR is responsible for ensuring that any SUBCONTRACT(s)include a comprehensive indemnification clause holding harmless the CONTRACTOR,the DEPARTMENT, and the State of Washington. The CONTRACTOR waives his or her immunity under Title 51 RCW to the extent required by this clause. 3 of 13 roc LIABII,ITY INSURANCE The DEPARTMENT assumes no liability with respect to bodily injury, illness, accident, theft, or any -.. other damages or losses concerning persons or property, or involving the CONTRACTOR's equipment or vehicles. The CONTRACTOR is responsible for providing adequate insurance coverage to protect against legal liability arising out of activities under this CONTRACT. The CONTRACTOR shall notify the DEPARTMENT forty-five(45) days before cancellation or reduction in the CONTRACTOR's insurance coverage. 1. Public Liability Insurance The CONTRACTOR shall at all times during the term of this CONTRACT, at its cost and expense, carry and maintain general public liability insurance, including contactual liability, against claims for bodily injury, personal injury, death or property damage occurring or arising out of services provided under this CONTRACT. This insurance shall cover such claims as may be caused by any act, omission or negligence of the CONTRACTOR or its officers, agents, representatives, assigns or servants. The limits of liability insurance, which may be increased from time to time as deemed necessary by the State, with the approval of the CONTRACTOR(which shall not be unreasonably withheld), shall not be less than $1,000,000 combined single limits. 2. Automobile Liability Insurance In the event that services delivered pursuant to this CONTRACT involve the use of vehicles or the transportation of clients, automobile liability insurance shall be required. If CONTRACTOR-owned personal vehicles are used, a Business Automobile Policy covering must be secured. If CONTRACTOR employee's at a minimum Code 2 "owned autos only" vehicles are used, the CONTRACTOR must also include under the Business Automobile Policy Code 9, coverage for "non-owned autos". The minimum limit for automobile liability is$1,000,000 per occurrence,using a combined single limit for bodily injury and property damage. 3. Professional Liability,Errors and Omissions Insurance In the event that services delivered pursuant to a CONTRACT or agreement, either directly or indirectly, involve or require providing professional services, Professional Liability Errors and Omissions Insurance shall be required. "Professional Services," for purposes of the CONTRACT section, shall mean any services provided by a physician, psychologist, architect,or other licensed professional. The CONTRACTOR shall maintain minimum limits no less than$1,000,000 per occurrence. Alternatively, the CONTRACTOR may provide the coverage specified above under a self-insurance risk management program. Additionally, the CONTRACTOR is responsible for ensuring that liability related to SUBCONTRACTOR activity is appropriately covered by insurance provided either by the SUBCONTRACTOR or CONTRACTOR 4of13 WC WORKER'S COMPENSATION COVERAGE The CONTRACTOR shall provide or purchase workers' compensation insurance coverage prior to performing work under this CONTRACT. The DEPARTMENT will not be responsible for payment - of workers compensation insurance premiums or for any other claim or benefit for a consultant, or any SUBCONTRACTOR or employee of the CONTRACTOR, which might arise under the workers compensation laws during performance of duties and services under this CONTRACT. The CONTRACTOR will at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable. Such workers' compensation and occupational disease requirements shall include coverage for all employees of the CONTRACTOR, and for all employees of any SUBCONTRACT retained by the CONTRACTOR, suffering bodily injury(including death)by accident or disease, which arises out of or in the connection with the performance of the CONTRACT. Satisfaction of these requirements shall include, but shall not be limited to: 1. Full participation in any required governmental occupational injury and/or disease insurance program, to the extent participation in such program is mandatory in any jurisdiction. 2. Purchase of workers' compensation and occupational disease insurance providing benefits to employees in full compliance with all applicable laws, statutes, and regulations, but only to the extent such coverage is not provided under a mandatory government program as in 1. above, and/or, 3. Maintenance of a legally permitted and governmentally approved program of self insurance for workers' compensation and occupational disease. Except to the extent prohibited by law, the program of CONTRACTOR's compliance with workers' compensation and occupational disease laws, statutes, and regulations in 1., 2., and 3., above shall provide for a full waiver of right of subrogation against the DEPARTMENT, its directors, officers and employees. If the CONTRACTOR, or any SUBCONTRACTOR retained by the CONTRACTOR fails to effect and maintain a program of compliance with applicable workers' compensation and occupational disease laws, statutes, and regulations and the DEPARTMENT incurs fines or is required by law to provide benefits to such employees, or to obtain coverage for such employees,the CONTRACTOR will indemnify the DEPARTMENT for such fines, payment of benefits to CONTRACTOR or SUBCONTRACTOR employees or their heirs or legal representatives, and/or the cost of effecting coverage on behalf of such employees. Any amount owed to the DEPARTMENT by the CONTRACTOR pursuant to the indemnity may be deducted from any payments owed by the DEPARTMENT for performance of this CONTRACT. 4. The CONTRACTOR, in addition to complying with the provisions of the Workers' Compensation section above, will maintain coverage for employers liability with a policy limit of not less than $1,000,000 per accident. The CONTRACTOR shall include these requirements mall approved SUBCONTRACTS. 5 of 13 : me BONDING Within ten (10) calendar days after receipt of notice of award of this CONTRACT, the CONTRACTOR shall ensure that every officer, director, or employee who is authorized to act on A behalf of the CONTRACTOR or any SUBCONTRACTOR for the purpose of receiving or Issuing financial documents, checks, or other instruments depositing funds into program accounts or of payment for program costs shall be bonded to provide protection against loss. SUBCONTRACTOR bonding may be provided by the SUBCONTRACTOR or the CONTRACTOR Fidelity bonding secured pursuant to the CONTRACT must name the DEPARTMENT as beneficiary. The amount of coverage must be $100,000 or the total amount of the CONTRACT, whichever is less, and must be secured for the term of the CONTRACT. The CONTRACTOR will provide the DEPARTMENT a copy of the bonding instrument or certification of the same from the bond issuing company. The CONTRACTOR shall provide a Performance Bond, (if specifications require), executed by a competent and financially sound surety company, rated B or higher, and admitted to write in Washington by the State Insurance Commissioner. If the CONTRACTOR is self-insured, evidence of such insurance will be provided to the DEPARTMENT by the CONTRACTOR upon request by the DEPARTMENT. ACCEPTABILITY OF INSURERS AND PROOF OF INSURANCE 1. Proof of Insurance Certificates or other evidence satisfactory to the DEPARTMENT confirming the existence, terms and conditions of all insurance required in this CONTRACT shall be kept on file by the CONTRACTOR within ten days of CONTRACTOR's receipt of the notice of award of this CONTRACT. The policy(ies) of insurance required to be maintained in accordance with this CONTRACT shall not be canceled or given notice of non-renewal nor shall the terms of conditions thereof be altered or amended without forty-five(45) days prior written notice given to the DEPARTMENT. 2.. Additional Insured The DEPARTMENT shall be specifically named as an additional insured on all policies, and all policies shall be primary to any other valid and collectable insurance. At its option, the DEPARTMENT may waive this requirement where insurance carriers will not under any circumstances extend secondary insured coverage for physicians'professional liability, or architects' and engineers' insurance. The DEPARTMENT may also waive this requirement where insurance carriers will not under any circumstances extend secondary fidelity bonding coverage for private nonprofit organizations. 6of13 COVENANT AGAINST COXEINENI FEES w The CONTRACTOR warrants that no person or agency has been employed or retained on a contingent fee for the purpose of seeking or obtaining this CONTRACT. This does not apply to legitimate employees or an established commercial or selling agency maintained by the CONTRACTOR for the purpose of securing business. In the event of breach of this clause by the CONTRACTOR, the DEPARTMENT may at its discretion: 1. Rescind the CONTRACT without any liability; or 2. Deduct from the CONTRACT price or consideration or otherwise recover the full amount of any such contingent fee. PROGR Ali INCOME Program income generated by interest-bearing accounts or otherwise under this CONTRACT shall be used for operational expenses not included in the total approved budget. CONRLICT OF INTEREST The DEPARTMENT may, by written notice to the CONTRACTOR The DEPARTMENT may, by written notice to the CONTRACTOR,terminate this CONTRACT if it is found after due notice and examination by the DIRECTOR that there is a violation of Chapter 42.52 RCW,Ethics in Public Service, or any similar statute involving the CONTRACTOR in the procurement of or performance under this CONTRACT. 2. In the event this CONTRACT is terminated as provided in(1) above,the DEPARTMENT shall be entitled to pursue remedies against the CONTRACTOR for breach of the CONTRACT by the CONTRACTOR The rights and remedies of the DEPARTMENT provided for in this section are in addition to any other rights and remedies provided by law. Any determination made by the DEPARTMENT under this clause may be reviewed as provided in the 'Disputes" clause of this CONTRACT. TREATMENT OF ASSETS The CONTRACTOR shall.take the following actions to secure the financial interest of the DEPARTMENT in items purchased under this CONTRACT: 1. Title to all property famished by the DEPARTMENT shall remain in the DEPARTMENT. Title to all property purchased by the CONTRACTOR, the cost of which the CONTRACTOR is entitled to be reimbursed as a direct item of cost under this CONTRACT, shall remain with the CONTRACTOR provided the CONTRACTOR certifies to the DEPARTMENT in writing, that the property will be used for the same funded program purposes. If such certification is not made,title shall vest in the DEPARTMENT- 7 of 13 s. noc 2. The CONTRACTOR shall be responsible for any loss or damage to property of the DEPARTMENT which results from the negligence of the CONTRACTOR or which results from the failure on the part of the CONTRACTOR to maintain and administer that property in accordance with sound management practices. 3. The CONTRACTOR shall maintain records, perform inventories, and maintain control systems to prevent loss, damage, or theft of equipment, materials, and supplies. 4. A non-expendable equipment inventory shall be maintained on file by the CONTRACTOR. The DEPARTMENT's interest in equipment purchased under this.CONTRACT and prior CONTRACTS from the same funding source is automatically transferred forward to the next CONTRACT year at the close of the CONTRACT period. 5. The CONTRACTOR shall surrender to the DEPARTMENT all property of the DEPARTMENT prior to settlement upon completion, termination, or cancellation of this CONTRACT. PROCUREMENT STANDARDS The CONTRACTOR shall establish procurement policies and procedures for all purchases funded by this CONTRACT as follows: 1. Establish a code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of bids using state funds. 2. Ensure that all procurement transactions shall be conducted in a manner to provide,to the maximum extent practical, open and free competition. .- 3. CONTRACTORS and SUBCONTRACTORS shall be required to receive prior approval from the DEPARTMENT for using funds from this CONTRACT to enter into a sole source CONTRACT or a CONTRACT where only one bid or proposal is received when value of the CONTRACT is expected to exceed$5,000. Prior approval requests shall include: a copy of the proposed CONTRACT, any related procurement documents, and justification for noncompetitive procurement, if applicable. NONASSIGNAB LI ITY Neither this CONTRACT, nor any claim arising under this CONTRACT, shall be transferred or assigned by the CONTRACTOR- RIGHTS OF DATA All finished or unfinished documents, data, studies, surveys, drawings, models, photographs, films, duplicating plates, computer disks, and reports prepared by the CONTRACTOR under this CONTRACT shall be for the common use of both the CONTRACTOR and the DEPARTMENT. The DEPARTMENT may duplicate, use, and disclose in any manner, and for any purpose whatsoever, all material prepared under this CONTRACT. 8of13 s. Mt9UZEP"r DOC The CONTRACTOR shall be required to obtain prior approval of the DEPARTMENT to produce patents, patent rights, inventions, original books, manuals, films, or other patentable or copyrightable materials, in whole, or in part, with funds received under this CONTRACT. The DEPARTMENT reserves the right to determine whether protection of inventions or discoveries shall be disposed of and administered in order to protect the public interest. Before the CONTRACTOR copyrights any materials produced with funds under this CONTRACT, the DEPARTMENT reserves the right to negotiate a reasonable royalty fee and agreement. RECAPTURE.PROVISION In the event the CONTRACTOR fails to expend funds in accordance with state law or the provisions of this CONTRACT, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance. Such right of recapture shall exist for a period not to exceed six(6)years following termination of this CONTRACT. Repayment by the CONTRACTOR of funds under this recapture provision shall occur within thirty(30) days of demand. WRITTEN POLICIES AND PROCEDURES Written policies and procedures consistent with federal and state regulations, as applicable, shall be kept on file in the office of the CONTRACTOR or its local programs and available for review. Such policies and procedures shall include, but not be limited to: personnel regulations;job descriptions; organizational charts; travel regulations; fiscal management regulations; and affirmative action policies and plans. RECORDS AND DOCU ENTS The CONTRACTOR shall maintain books, records, documents, and other evidence which properly reflect all costs of any nature expended in the performance of this CONTRACT. Such records shall reflect financial procedures and practices, participant records, statistical records, property and materials records and supporting documentation. These records shall be subject at all reasonable hours to review and audit by the DEPARTMENT, the Office of the State Auditor, and state and federal officials so authorized by law. The CONTRACTOR shall retain all such records for a period of six(6)years from the termination of the CONTRACT. If any litigation or audit is begun in the period during which records must be retained, or if a claim is initiated involving the CONTRACT or any related agreement, the CONTRACTOR must retain the related records until the litigation, audit, or claim has been finally resolved. DOCUMENTS ON FILE Documents consistent with federal and state regulations, as applicable, shall be kept on file in the office of the CONTRACTOR or its local programs and available for review. Such documents shall include, but not be limited to: Articles of Incorporation/Tribal Charter,by laws;IRS Nonprofit Status Certification; latest agency audit; and insurance policies and bonding required by the CONTRACT. 9of13 s .roc APPLICABLE LAWS AND REGULATIONS The CONTRACTOR shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state and federal governments, as now or hereafter amended. LOBBYING FOR GRANTS AND COOPERATIVE AGREEME 1�fS 1. No funds will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an officer or employee of Congress, or an employee of a member of Congress in connection with the making of this CONTRACT, which is.fimded in whole or in part with federal funds. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this CONTRACT, the CONTRACTOR shall complete and submit Standard Form-III, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The CONTRACTOR shall require that the language of this certification be included in the CONTRACT language for all SUBCONTRACTs at all tiers and that all SUBCONTRACTORs shall certify and disclose accordingly. POLITICAL ACTIVITIES PROHIBITED No funds may be used in working for or against ballot measures or for or against the candidacy of any person for public office. DISPUTES Except as otherwise provided in this CONTRACT, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the CONTRACTOR, and a third party mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. LEGAL PROCEEDINGS In the event the DEPARTMENT is required to institute legal proceedings to enforce any provision of this CONTRACT, and is the prevailing party, the DEPARTMENT shall be entitled to its costs thereof including reasonable attorneys' fees. 10 of 13 s4zr,nso =c TERMINATION OF CONTRACT 1. If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this CONTRACT,or if the CONTRACTOR shall violate any of the covenants,agreements, or stipulations of this CONTRACT, the DEPARTMENT shall thereupon have the right to terminate this CONTRACT and withhold the remaining allocation if such default or violation is not corrected within thirty(30) days after submitting written notice to the CONTRACTOR describing such default or violation. 2. Notwithstanding any provisions of this CONTRACT, either party may terminate this CONTRACT by providing written notice of such termination, specifying the effective date thereof; at least thirty (30) days prior to such date. 3. Reimbursement for CONTRACTOR services performed, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. 4. The DEPARTMENT may immediately and unilaterally terminate all or part of this CONTRACT, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this CONTRACT. Such termination shall be effective when the DEPARTMENT sends written notice of termination to the CONTRACTOR- LICENSING AND ACCREMATION STANDARDS The CONTRACTOR shall comply with all applicable local, state, and federal licensing and accrediting requirements/standards necessary in the performance of this CONTRACT. SEVFRABILTI'Y In the event any term or condition of this CONTRACT or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this CONTRACT which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this CONTRACT are declared severable. AUDIT REOUMEMU95 CONTRACTORs are to procure audit services based on the following guidelines: CONTRACTORs receiving less than$25,000 in federal funds in a fiscal year or less than$75,000 in state funds in a fiscal year, are exempt from compliance with the Single Audit Act or other audit requirements. However, records must be available for review by the DEPARTMENT. CONTRACTORS receiving $25,000 to $100,000 in total federal funds in a fiscal year may choose to have an audit made in accordance with Office of Management and Budget's(OMB) Circular A 128 , OMB Circular A-133 in the case of Institutions of Higher Education and Other Nonprofit Organizations, or a program audit. 11 of 13 Doc CONTRACTORS receiving $75,000 or more in total state funds in a fiscal year may choose to have a financial audit as defined by Government Auditing Standards (The Revised Yellow Book), or a single audit made in accordance with OMB Circular A-128 or A-133. CONTRACTORs receiving $100,000 or more in a fiscal year in total federal funds are to have a Single Audit made in accordance with OMB Circular A-128, or OMB Circular A-133 in the case of Institutions of Higher Education or Other Nonprofit Organizations. As applicable, CONTRACTORs required to have an audit must ensure the audits are performed in accordance with Generally Accepted Accounting Principles; Government Auditing Standards (The. Revised Yellow Book) developed by the Comptroller General, dated July 1988;the OMB Compliance Supplement for Single Audits of State and Local Governments, and the Compliance Supplement for Single Audits of Educational Institutions and Other Nonprofit Organizations; OMB Circular A-133 Audits of Institutions of Higher Education and Other Nonprofit Organizations; and all state and federal laws and regulations governing the program. The audit of the CONTRACTOR's program shall be conducted by the Office of the State Auditor if the CONTRACTOR is a state or local government entity, or an independent Certified Public Accountant firm selected by the CONTRACTOR if the CONTRACTOR is not a state or local government entity. The CONTRACTOR must prepare a Schedule of Financial Assistance for federal and state funds that includes: grantor name, program name, federal catalog(CFDA) number, grantor contract number, total award amount, beginning balance, current year revenues, current year expenditures and ending balance. The CONTRACTOR shall maintain its records and accounts in such a way as to facilitate the DEPARTNIENT's audit requirements, and ensure that SUBCONTRACTORs also maintain records which are auditable. The CONTRACTOR is responsible for any audit exceptions insured by its own organization or that of its SUBCONTRACTORS. The DEPARTMENT reserves the right to recover from the CONTRACTOR disallowed costs resulting from the final audit. The CONTRACTOR is responsible for sending the audit report to the DEPARTMENT Internal Audit Manager as soon as it is available, but no later than thirteen months after the end of the CONTRACTOR's fiscal year. Responses to previous management findings and disallowed or questioned costs shall be included with the audit report. The CONTRACTOR will respond to DEPARTMENT requests for information or corrective action concerning audit issues within 30 days of the date of request. The CONTRACTOR shall include these requirements in any SUBCONTRACTS. As applicable, costs of the audit are an allowable expenditure. 12 of 13 =C SPECIAL PROVISION The DEPARTN ENTs failure to insist upon the strict performance of any provision of this AGREEMENT or to exercise any right based upon breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this AGREEMENT. icT TIC ION RE IN -R AR71 ENT SUSPENSION OR INELIGIBILITY If federal funds are the basis for this CONTRACT, the CONTRACTOR certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any federal department or agency. 13 of 13 nx STATE OF WASHINGTON LAW ENFORCEMENT DEPARTMENT OF COMMUNITY,TRADE AND EDUCATION PARTNERSHIP ECONOMIC DEVELOPMENT CONTRACT FACE SHEET 1. Contractor's Name and Address: 5. Contract Period: Pof Kent Police Department 7/l/97 to 6/30/98 -4 Sou Kent as mgton 98032 6. Funding Authority: State of Washington Department of Community,Trade and Economic Development 2. Tax Identification No.: 91-6001254 7. Service Area: 3. Contract No.: F97-370-055 King 4. Contact: Ms.Lori Keller Title: Public Education Specialist 8. BARS Code: 333.14.186 Telephone: (256 8 -4 i I CFDA No.: 84.186 9. Contractor's Fiscal Year: January 1 to December 31 10. Purpose: To provide funds to organizations for law enforcement and education partnerships intended to provide drug education and violence prevention services to Washington school children. Services are targeted to reduce the incidence of tobacco use and the impact of substance abuse and violence. 11. Requests for reimbursement under this CONTRACT are subject to the following Budget: Federal Match Salaries $7,310 $37,889 Benefits $1,161 $11,178 Contract Sery $12,500 $12,500 Goods/Sery $8,384 $7,609 Travel $0 $230 Training $0 $0 Equipment $0 $0 12. Total $29,355 $69,406 13. Estimated Expenditures JUL $0 Nov $1,000 MAR $3,400 AUG'. $0 DEC $8,000 APR $3,400 SEP $0 JAN $3,110 MAY $3,457 OCT $0 FEB $2,400 JUN $4,588 TOTAL FUNDS: $29,355 IN WITNESS WHEREOF,the DEPARTMENT and CONTRACTOR aclmowledge and accept the terms of this CONTRACT and attachments hereto,and in witness whereof have executed this contract as of the date and year last written below. The rights and obligations of both parties to this CONTRACT are governed by the information on this CONTRACT Face Sheet and other documents incorporated herein by reference: CONTRACT Specific Terms and Conditions,Contract General Tema and Conditions, DEPARTMENTS Law Enforcement Education Partnership Program 1996-98 Request For Application; and the CONTRACTOR'S Law Enforcement Education Partnership Program 1996-98 Application for Funding. FOR THE DEPARTMENT: FOR THE CONTRACTOR: erne Kreiter,Assistant Director Community Services Name: Department of Community,Trade and Title: Eonomic Development Date: Date: APPROVED AS TO FORM ONLY: Noel Treat Assistant Attorney General Date: July 10, 1996 .. ........ . Kent City Council Meeting Date September 2 , 1997 Category Consent Calendar 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT - ACCEPTANCE 2 . SUMMARY STATEMENT: Acceptance of the Washington Safety Commission Grant in the amount of $28, 012 for the City of Kent Drinking Driver Task Force to use during the 7/1/97 through 6/30/98 funding period. This represents a 15-year highway safety partnership between Kent and the State of Washington. Program areas will include: Occupant Protection (safety belts) , Impaired Driving, Community Traffic Safety (youth and adult) , and Bike/Pedestrian/Motorcycle Safety. 3 . EXHIBITS: Project agreement 4 . RECOMMENDED BY: Staff and Public Safety Committee 8/19/97 (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALIPERSONNEL 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 MEMORANDUM To: City Council Public Safety Committee From: Nancy Mathews, Coordinator Subject: WTSC Grant Approval Date: August 13, 1997 The Washington Traffic Safety Commission has set aside a grant in the amount of $28,012 for the City of Kent Drinking Driver Task Force to use during the 7/1/97 through 6/30/98 funding period. This represents a fifteen year highway safety partnership between Kent and the State. Program areas will include: Occupant Protection (safety belts) Impaired Driving Community Traffic Safety (youth and adult) Bike/Pedesn ian/Motorcycle Safety The Kent Police Department requests Public Safety Committee and City Council authorization to accept the funds. cc: Council President Christi Houser Chief Ed Crawford Lt Glenn Woods Washington Traffic Safety Commission '� Project Agreement State of Washington Washington Traffic Safety Commission PO Box 40944, 1000 South Cherry St. Olympia, Washington 98504-0944 , Telephone: (360) 753-6197 �- FAX: (360) 586-6489 Section 1 Project Agreement 1. Project Title: KENT DRINKING DRIVER COUNTERMEASURE PROGRAM Type of Application: Initial: XX Revision: 2. Ownership of facilities or equipment, acquired through this funding,shall be vested with the applicant agency, not the State of Washington. However,facilities or equipment acquired through this agreement shall be utilized and retained in highway safety operations during the useful existence of such.equipment or facilities. Costs incurred for maintenance, repairs or support of such equipment or facilities shall be borne by the applicant agency. Further, it is understood and agreed that the activity covered by this project, as more particularly described in sections 2 and 3 attached hereto and made a part hereof, is undertaken under authority of State of Washington (Title 3.62.090. 35, 2.08.43.08.250 RCM and is subject to the ad- minisirative regulations established by slate guidelines and the Washington Traffic Safety Commission. 3.Applicant Agency: CITY OF KENT 4. Project director: Name: ED CRAWFORD Address: 220 Fourth South Title: Pol ' a -Chief Kent, WA 98032 Signature: i , C Telephone: (253) 859-47 67 5. Governmental Unit: CITY OF KENT 6.Authorizing Official, Governmental Unit.- Name: JIM WHITE Addre 220 Fourth South Title: Mayor Kent, WA 98032 Signature: Telephone: (253) 859-3355 7. Planned Project Duration: From : July 1 , 1997 To: June 30, 1998 S. Approved by: Name: Sc-A l M • M t:FFAf1 Project Number: 98ST-09 Title: Director, WTSC State Funds Obligated: 28,012 Signature: Stale: X Local: Date: -2,7 9 7 Addendum(s) if applicable: A x Kent Drinking Driver Task Force Washington Traffic Safety Commission PROJECT AGREEMENT Section 2 Description of Activity MISSION STATEMENT The mission of the Kent Drinking Driver Task Force is to increase awareness of traffic safety issues through problem analysis, identification and education. PROGRAM AREAS 1 OCCUPANT PROTECTION Z IMPAIRED DRIVING 3 COMMUNITY TRAFFIC SAFETY Youth Adult & Systems Coordination 4 BIKE 1 PEDESTRIAN 1 MOTORCYCLE All Kent Drinking Driver Task Force program areas target multiple systems (youth, families, schools, work-place, community organizations and media) using overlapping strategies. The Kent Task Force affirms research results that demonstrate the interconnectedness of "problem" behaviors which share common antecedents. Kent highway safety programs are an integral part of a broader focus on community health and security. The Kent Task Force is highly regarded for their leadership role in collaborative �- efforts throughout the region. Washington Traffic Safety Cammisslon A Agreement Section 2 Description of Activity Mission Statement, Problem Identification, Project Goal(s), Proposed Objective(s) and Activities, Evaluation: ATTACHED PROBLEM IDENTIFICATION Problem #1: OCCUPANT PROTECTION Safety restraints contribute to saving lives and reducing the severity of injuries in traffic collisions. Per 1995 WTSC data, Kent has the highest rate of collisions and fatals for a city of its size in the State. Kent specific 100 car surveys show lower use rates than comparable county use data. Location Use Rate Use Rate Pre Blitz Post Blitz 1993 Benchmark 4th & Gowe 53% 59% 1997 Mid Point to of 71% 76% 2000 Goal 85% 87%' ' State of WA '97 Highway Safety Plan Goal for Year 2000 PROJECT GOALS 1) Occupant protection compliance at State level by year 2000. ' 2) Reduction of Kent injury collisions to.average of comparable South King County cities by year 2000. PROPOSED OBJECTIVES DDTF Volunteers/Staff Collaborators Short Term: Increased awareness of laws. Kent area schools Improved compliance. Business/Community Networks Tougher deterrence. Kent Police Increase inspections WTSCM/SSRC Long Term: Better decision making in high risk-taking behavior/situations. Change in attitude. ACTIVITIESITASKS 1) Public awareness campaigns: a. Produce one student-created seat belt poster from 14th annual "Keep a Friend Alive" pre-school through 12th grade design contest. - . 2 b. Demonstrate seat belt activity on 3 school campuses as Youth Conference follow-up. C. Increase by 10%. Distribute 24,000 pieces of safety belt information; use 'Vince and Lary" in six community events. d. Initiate three KENT TV-28 occupant protection PSAs 2) Enforcement: a. Police Department participation in "3 Flags" and related emphasis activities; DDTF will support enforcement effort . . . publicity, 100 car survey and report. b. Monitor Kent citation activity and injury/non-injury collision data. C. Keep department personnel informed of occupant protection issues and changes. 3) Child safety seat inspection training and implementation. a. Identify proficiency level of DDTF staff; continue to advance to "trainer." b. Upon certification, offer individual City- employee car seat inspections.. C. Offer community car seat inspections during Kent Open House EVALUATION The DDTF will document safety belt activity to demonstrate a level at least equal to 10% of program activity as required by the WTSC and as determined by the community to.be a viable program to reduce crash injuries. Indicators: Increased Compliance a) roadside 100 car surveys b) police observation c) citations d) citizen survey Reduced Injury a) Track Kent collision/injury collision data and occupant protection compliance b) Demonstrate two car seat inspection campaigns 3 __ PROBLEM IDENTIFICATION Problem #2: IMPAIRED DRIVING KPD data demonstrates a reduction in alcohol involved collisions from a high of 12% of total in 1986 to a sustained 1994/95/96 rate of under 4%. However, Kent continues to show a higher rate of alcohol/drug involved collisions, injuries and fatals than King County as a whole. In July 1996, 70% of KPD community survey respondents under age 18 reported that alcohol is easily available to.youth. During focus grouo interviews 97.7% of students reported that alcohol is "very easy" or "sort of easy" for them to get. Targeting the young male adult high-risk population is challenging when they are no longer in a structured setting. Secondary schools provide the "last best" opportunity to establish a pattern of prevention. PROJECT GOALS 1) Maintain impaired driving deaths, injuries and collisions as a percentage of all traffic incidents (less than 4%). 2) Reduce rate of impaired driving collisions on par with South King County municipalities. 3) Increase arrests for driving under the influence. PROPOSED OBJECTIVES DDTF Volunteers/Staff Collaborators Short Term: DUI Enforcement Efficiency KPD Training; WTSC Mike Buckingham Increased Public Awareness Community Mobilization At-Risk Council Community Networks KENT TV 28 Decreased Alcohol-involved Collisions Traffic Engineering WTSC Long Term: Address Knowledge, Attitudes, Schools, Media and Skills and Behavior Community Associations �.. 4 ACTIVITIESITASKS 1) Training: a. Officer Training: Mike Buckingham Video. Mike Buckingham will work with DDTF and city reprographics to produce a video appropriate for officer training; Mr Buckingham will provide incentive training. 2) Public Information: a. Distribute 100,000 pieces of highway safety materials and widgets b. PSAs, Press, other Media Contacts C. Participate in 10 community events appropriate for alcohol and highway safety messages. 3) Data Management: a. Identify data resources available (WTSC, Engineering, KPD, County, Courts) b. Determine data management needs C. Select process to collect and maintain statistics d. Report activity quarterly to WTSC 4) Prevention: (see Community Traffic Safety - Youth & Adult) EVALUATION Quantitative: DDTF will document DUI arrests quarterly; alcohol involved collisions data will be.provided by WTSC and City data base; materials distribution, requests for assistance and numbers contacted reported quarterly. Locally produced materials, PSAs, court records will be reviewed. Citizen surveys will measure program awareness and perceived effectiveness. A qualitative effectiveness evaluation will be developed. PROBLEM IDENTIFICATION Problem #3: COMMUNITY TRAFFIC SAFETY The DDTF program recently began its fifteenth year. City of Kent population has increased dramatically from 25,500 in 1983 when the Task Force began, to a projected total of more than 70,000 in 1997. Each annexation changes the complexion of roadways and driver behavior. A complete review of Kent specific traffic safety issues will, require analysis of problem areas and strategies. Steering Committee direction reaffirms a broad brush approach to highway safety, including prevention activities focusing on roadway hazzards, occupant protection, bicycle and pedestrian safety, as well as drug and alcohol prevention activities for youth. A. YOUTH In 1995 the KC Medical Examiner investigated deaths of persons 19 years or younger. Of these deaths, 24% were traffic related and only 14% of those were seatbelt restrained; one child was seated on parents lap. In King County, traffic collisions remain the #1 killer of youth. Teenage drivers were 18% of the driver deaths, representing an increase in both absoloute numbers and percent compared to 6% in 1994. KC Medical Examiner Report shows a corelation between those drivers who tested positive for blood alcohol and the who were unrestrained.. The more available alcohol and other drugs are in a community, the higher the risk that young people will abuse drugs in that community. Perceived availability of drugs is also associated with increased risk. In a July 1996 Kent Police Department CEU survey 66.2% of respondents under 18 years of age reported that illegal drugs are "easily" available in the Kent community; 70% of those under 18 believe alcohol is easily available to youth. During focus grout) interviews 97.7% of students. reported that alcohol is "very easy" or "sort of easy" for them to get. There is a youth perception that substance abuse is tolerated or even implicitly encouraged as a "rite of passage".to adulthood. PROJECT GOALS 1) The community will establish and articulate norms to promote zero tolerance of the illegal availability and use of alcohol and other drugs. 2) Strategies will target multiple systems and provide accurate information, life skills training and alternative cfioices/activities. 3) Youth will make informed decisions regarding use, possession, purchase or association with users by knowing the penalties and consequences. 6 PROPOSED OBJECTIVES DDTF Volunteers/Staff Collaborators Short Term: Increased awareness Parents, Schools, Media Enforcement of Laws & Policies KPD, WLCB, KSD Security More Parental Involvement Mayor/City Council City/Community Bonding Lighthouse Kent-Meridian Teen Traffic Court Long Term: Behavior change So KC Youth Violence Committee Youth skill mastery Health Professionals Youth committed to school Kent School District Youth bonded to pro-social activities Youth Advisory Boards (8 So KC School Districts ACTIVITIES/TASKS 1} Youth Conference a. Establish advisory/planning board b. Regionalize participation (volunteers & teams) C. Fund development d. Workshop topic and provider selection _. e. Train mentors f. Establish Mentor teams g. Conference details, materials, speakers, facility, etc. h. Support and monitor follow-up activities 2) Design Contest a. Distribute Materials and 1997/98 Forms b. Establish school contacts; involve KSD security C. Prize Solicitation d. Receive, Judge Entries e. Council Recognition Ceremony f. Outcome Selection and Development into Posters 3) Youth Collaboration Strategies a. Kent-Meridian student traffic court b. Consistent and accurate reporting of on-campus violations by KSD security. C. Parent Education opportunities supported by Kent At-Risk Council, Kent Community Mobilization, Kent School District and Keht Police Department. d. School Zone efforts (enforcement/KPO; crosswalk improvements and walking routes/engineering; crossing guards/KSD e. Kent Fire Department Mock DUI Crash and emergency response f. Peers Educating Peers training series EVALUATION Youth participating in conference planning, event and follow-up activities will be documented. A community risk assessment will track youth alcohol consumption, school. drop out rates, attendance and GPA. Principal, teacher and youth surveys will chronicle opinions about DDTF programs, i.e. youth conference and design contest. Public participation in the recognition ceremony will be documented to demonstrate positive city/community interaction and bonding. B. ADULT The Steering Committee is committed to a process of supporting efforts which address local community needs and will continue to promote opportunities for collaboration. High rates of transition and mobility impede community attachment and organization. Five Kent elementary schools experience more than 95% turnover of students during each school year. This collaborative approach to service planning and organization supports effective community based prevention. PROJECT GOALS Highway safety strategies and services provided by other organizations will be reviewed for opportunities to continue or increasee DDTF support. Gaps in services will be discussed and strategy planning initiated. PROPOSED OBJECTIVES DDTF Volunteers/Staff Collaborators Short Term: Increased public awareness DUI enforcement efficiency Decreased alcohol-involved Decreased incidents of alcohol collisions consumption in all stops Long Term: Behavior change: impaired driving no longer an accepted community norm. ...w 8 ACTIVITIESITASKS 1) Steering Committee Task Force programs receive direction from an eleven member Steering Commmittee appointed by the Mayor and confirmed by the City Council. Three year terms of office are staggered. Program management and staff are under the direction of the Chief of Police. Budgeted staffing levels for 1997 include the coordinator at 30 hours per week, paid half from city funds and half from WTSC grant; the public education specialist at 35 hours per week, paid from City funds; and a program assistant at 10 hours per week paid from a combination of grant funding. Resource development is an on-going endeavor to fund programs, materials, and staff. a. Maintain disverse membership b. Collect and analyze Kent-specific highway safety data C. On-going goal setting d. Strategy planning e. Fund development f. Program implementation g. Indicator evaluation 2) Public Information a. Materials identify need explore resource availability and funding needs develop and distribute materials applicable to Kent target areas b. Contacts make presentations attend community events -} demonstrate contacts C. Media KENT-TV 28 print media newsletters and other local publications 3) Systems Coordination, Volunteers, Collaborations a. Recidivism DWI Victim's Panel -• Hospitality Server Training City Prosecutor/Probation 9 __ b. DOTS (DUI Oriented Traffic Stops) / KPD -• officers trained enforcement hours increased systems meetings c. Radar Trailer/Readerboard CEU volunteers -. Public Works/Transportation d. Elected Officials contacts w/local, regional and national elected officials. EVALUATION The DDTF will document contacts with individuals, agencies and programs providing highway safety related services. Monthly logs will document meeting attendance and program contacts by audience, number of individuals reached, quantity of materials distributed and volunteer hours donated. Quarterly reports and a year-end report will summarize Task Force activities. Indicators: Decrease incidents of DUI w a) decrease alcohol involved collisions (below 20/6) b) no impaired driving fatalities Citizen Surveys a) decrease in youth consumption of alcohol PROBLEM IDENTIFICATION Problem #4: BIKE / PEDESTRIAN / MOTORCYCLE In 1995 the KC Medical Examiner's Office investigated,seven bicyclist deaths; fourwere known to have been wearing a helmet. Additionally, 4 pedestrians ages 1 to 12 were killed. Pedestrians constituted 25% of 1995 traffic fatalities. Male and female victims were split 45% to 55% respectively. Of . the pedestrian fatalities who were tested, 31% had detectable amounts of alcohol present at the time of death. In a 1995 King County Medical Examiners Report, motorcyclists account for 5% of traffic fatalities. In 11 deaths involving motorcycles, 8 (73%) were known to be wearing helmets, an increase from 1989 due to the mandatory helmet law. Of those tested for alcohol, 20% had detectable amounts of alcohol present at the time of death. PROJECT GOALS 1) Bike helmet use by majority of youth living in two low-income housing developments. 2) South King County Pedestrian Summit outcome collaboration. 3) Analysis of motorcycle injury/fatality data; goal setting and strategy planning. PROPOSED OBJECTIVES DDTF Volunteers/Staff Collaborators Short Term: Increased public awareness City: reprographics Increased helmet use traffic officers Decreased injury crashes public works involving alternative modes of transportation Lono Term: Use of helmets a community Schools, WTSC, WA Trauma norm Society, WA St Coordinators 11 ` ACTIVITIESITASKS 1) Public Information -• KENT TV-28 PSAs material development and/or distribution 2) HUD Grant Collaboration -. KPD bicycle patrol will offer bike rodeos at Springwood &Valli Kee; Task Force will provide helmets. 3) Motorcycle Using Kent-specific data, the DDTF will do a problem analysis, identify areas of concern, determine goals and objectives and design a strategy or strategies for implementation. EVALUATION Contacts will be documented by requests for assistance, number of individuals/ audiences reached, quantity of materials distributed and volunteer hours s donated. n aand Injury/fatality data will be analyzed; benchmarks will be established; g 9 strategy planning will be implemented. �- 12 PROGRAM EVALUATION This grant application anticipates continued ambitious objectives and community support. Program efforts continue to focus on projects which are long-term, comprehensive, and ultimately more time-consuming to do effectively. As the projects become more demanding, so are the responsibilities placed on staff. The program will be evaluated administratively, by documenting on a quarterly basis our progress in reaching the performance indicators outlined in the grant application and the. WTSC-provided administrative tracking form" and the "local matching contribution form". Monthly documentation of activities will include a calendar of activity delineating personnel, activity, number reached and materials distributed. In addition, publicity will be collected and recorded. The DDTF will document volunteer hours, community contributions, materials developed and/or distributed, requests for assistance and speaker bureau activity. The Lieutenant will meet bi-monthly with the unit to discuss methods of maintaining the public trust, maintaining close ties and providing the community with education information. An annual written analysis or discussion of community programming and resources will precede the development of goals and objectives for the succeeding year. Project evaluations, as previously outlined, will be analyzed to determine the amount of success realized-toward achieving the prestated objectives. Monthly logs, quarterly reports and year-end reports will measure program activity - projected and accomplished. The objectives will also receive on-going review and be weighed against changing community needs and resources. The following characteristics will be present in community programs: > community ownership and backing > participation from multiple public and private elements > a strong representative task force or advisory committee > stable funding for personnel; strong community patronage of projects and materials > broad-based technical skills of personnel > comprehensive strategies which are flexible enough to serve specific purposes or local conditions The final project report will contain a summary of Kent Drinking Driver Task Force elements and demonstrate actual activity and participation by event as projected in the grant goals and objectives. 13 wtw.9a7 Washington Traffic Safety Commission II I I ! Section 3 Budget and Cost Sharing Budget: Direct Costs: t.Salaries and Wages: $ 18,295 2. Employee Benefits: $ 5,466 3. Travel and Subsistence: $ 251 4. Contractual Services: $ 5. Equipment: S 6. Goods and Services: $ 4,000 Total.Direct Costs: $ 28,012 Indirect Costs: $ TOTAL: $ 28,012 Cost Sharing: (Washington Traffic Safety Commission use only) Share Amount Percent State: $ 28 ,012 Political Subdivision: $ 171 _780 50%(Minimum) Total Estimated Cost: $ 199 ,799 100% Revision: Washington Traffic Safety Commission Addendum A Billing and Reporting Requirements Billings Invoice vouchers for payment must be prepared monthly and must be received by the Washington Traffic Safety Commission by the 10th of the month following the billing period. Reporting Frequency and Format The Washington Traffic Safety Commission requires three types of reports in conjunction with Traffic Safety projects. 1. Quarterly reports during the [He of a project. 2.A final report at the conclusion of a project. This is to include training and consultant reports, if ap- plicable; and 3. Special reports as required Project reports of every kind provide the Washington Traffic Safety Commission with information which can be used to strengthen the state's total traffic safety program. These reports keep the commission in. formed of a project's progress, explain any difficulties encountered,provide a background of information that can be passed on to others, suggest ways in which the commission can assist with the project and aid in distribution of state funds. Therefore, comprehensive reports are a must for continued improvement in the state's traffic safety operations. Quarterly Reports These are to be submitted quarterly and are due in the Traffic Safety commission's office within fifteen (15) calendar days after the end of the reporting calendar quarter as follows: First Quarter(January-March) Report due April 15 Second Quarter(April-June) Report due July 15 Third Quarter(July-September) Report due October 15 Fourth Quarter(October-December) Report due January 15 The Traffic Safety Project Report Forms are to be used when compiling these reports. All sections are to be filled in as completely as possible. (Use additional sheets, as necessary.) It no action has been taken, please so indicate. Any original or innovative ideas or methods employed in your project should be incor- porated into your reports. Final Report Final reports,in duplicate, are to be more informative and must describe whether the project objectives were accomplished, if technical and fiscal problems were encountered, and what improvements in traffic safety have resulted or probably will result. Included in final reports will be copies of publications,training reports and any statistical data generated in project execution. These final reports should discuss the fol- lowing: 1. Accomplishments compared to the original project objectives; 2. Were all activities of the project completed as scheduled? Include dates and milestones when studies were completed;equipment acquired, installed and operated; 3. Any unanticipated proceedings that affected the project; 4. Funding and costs for completion of the project in relationship to original estimates; 5. Third party performance if consultant was employed. Two copies of consultant reports are to be in- cluded with the project director's reports. Special reporting Special reporting procedures may be required for special interest projects. If so, report format and fre- quency will beZoLutlinehe reverse side of this form. Signature (Project Director) WASHINGTON TRAFFIC SAFETY COMMISSION Addendum B ASSURANCES - - PROJECT AGREEMENT #� Federal and state regulations require compliance with applicable provisions which regulate contracting and subcontracting of traffic safety.projects. Please read and sign if you will comply with these provisions, then return this form to us as soon as possible. Thank you. DRUG-FREE WORKPLACE In accordance with the Anti-Drug Act of 1988 141 USC 702-707) (Drug-Free Workplace; M 42 USC 126441,the Washington Traffic Safety Commission,through its Contractor,has the responsibility to ensure that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by any employees, grantees, and/or sub-grantees of the Agency and/or any such activity is prohibited in the workplace. M 49 CFR 29.600 QI I; 48 CFR 9.4, 23.5, 52.2. MINORITY-OWNED and WOMEN-OWNED BUSINESS ENTERPRISES The Contractor will utilize minority-owned and women-owned business enterprises, if available, which are certified by the Office of Minority and Women's Business Enterprises under the state of Washington Certification program. The Washington Traffic Safety Commission has established the goals that, of the ---' dollar value of all contracts awarded by the Agency, 10.1% be awarded to minority-owned businesses and 4.0% be awarded to woman-owned businesses. The authority for this requirement is RCW 39.19 II.L, and rules promulgated thereunder. AMERICANS with DISABILITIES ACT In the performance of this agreement, the Contractor shall comply with the provisions of Title VI of Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 794) Chapter 49.60 RCW, and Title I of the Americans With Disabilities Act (42 USC 12111-12117 as now or hereafter amended. The Contractor shall not discriminate on the grounds of race, color, nationar origin,sex,religion, marital status, age, creed, Vietnam-Eta and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in: a) Any terms or conditions of employment to Include taking affirmative action necessary to accomplish the objectives of this part; and b) Denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services, or otherwise afforded others. I certify compliance with these sections. v� &l5 � 7 Date Signature wn (D �z � ,? o s c O N = N Co S rr CD CD = p C) Ery .O -)c -, = O W O CDLO 7 CD © = ? o <"C CD 0 CD T rr m o rt rD p n . v c p CD CO CD Un t� D D o rt 10 v r* v, Q r r m c o r o °:• y c�. co o N m to rn CD 2 a i� N roi CCD .. o (� N CD C 1N'r N •M' # iF * * * * * Z 7z p w m Ln C n e0r a a•% V Ln p cT OCD O f rt 7C N CD d O J C D c o CD CC1 N N J CD F CJ � CJ'i n o 0 0 0 0 b nLA JS$�j lY CD CD n �D o O N c O �/}� -a o J J \� _+ J J N Ln CD o N Q'I J N W ., � .. .. N %o to �+ N W .. W C" Co ^ -• J (J7 to N U1 Vt ^. o� J �� Oi lC N 01 �, to W Q1 m O V V N .P < 1V n C W W CO C) OD \D J W N 07 C tD O CT W O o tD Ln CD n %0 o 0 m p) C O T W e-r rr m rt rt rt rr rt rr rt N 3 T - CCD 17 N M rt n m rt < N N ? C) IV o m \ z M �p < m C 7r N O- r _ y m N M N O I O� OD rt (D fl fp W Io lw N a < .� 1r J co i5 < rD �. m n � w LL fD C rt 7 a z rt a m 1997/98 - WTSC Grant SECTION III : BUDGET AND COST SHARING State CitV Community Total 1. Employee Wages $ $ $ $ a. Program Coordinator 18 , 295 18, 295 36, 590 b. Public Education Spec 33 , 024. 33 , 024 C. Program Assistant 3 , 597 3 , 597 7, 194' d. Project Director 4, 937 4, 937 e . Unit Supervisor 3 , 188 3 , 188 f . City Staff Support 12, 000 12, 000 TOTAL WAGES $ 18, 295 $ 75, 041 $ 3 , 597 $ 96,933 Explanation of Wages : a. Program Coordinator: 30 hours week DDTF w/estimate 3k cola 1/1/98 b. Public Ed Specialist : 35 hours week DDTF and Community Mobilization c . Program Asst : 10 hours week Youth Conference from City & LEEP Grant d-f Support positions including police chief and lieutenant at 5k of salary; accounting, attorney, graphics, human resources and other services provided by the city; used as a match for state grant funding. ---- _ ------------------- state gi Community Total Employee Benefits $ $ $ $ " a. Program Coordinator 5, 466 9, 864 9,10 , 932 864 b . Public Ed Specialist , 540 080 697 C . Program Assistant 540 i, d. Project Director 97 697 811 e . Unit Supervisor f . City Staff Support 3 , 600 00 3 , 600 00 TOTAL BENEFITS $ 5,466 $ 20, 978 $ 540 $ 26, 984 Explanation of Benefits : a-c Based on current benefit charges w/estimate 3k cola 1/l/98 d-e Based on St of current benefit charges . f Based on 30% of salary budget . ----------------------------------------------------------- Sta e City Community Total 3 . Travel and Subsistence $ $ $ $ a. Travel 462 462 b. Subsistence 251 108 359 TOTAL BENEFITS $ 251 $ 570 821 -planation of Travel and Subsistence a-b May include meals, food and training tuition for volunteers, staff ~" and presenters ; WTSC grant may be used for travel or subsistence . . KENT POLICE DEPARTMENT TO: Public Safety Committee FROM: Mary Ann Kern, Administrative Services Support Manage SUBJECT: Approval for transfer of funds DATE: July 23, 19 97 The Police Department seeks your approval to transfer $7, 000 from the Criminal Justice Fund project for Range Repair and Maintenance (N25) to the Miscellaneous Capital Project for Range Bullet Trap Installation (M85) . The Range Repair and Maintenance Project currently has a balance of $8,119 under project N25-211-2210 . We anticipated use of some of these funds to help cover the total costs of the Bullet Trap funded in M85-211-2210 . Transfer transactions: N25-T00-2210-5M85 $7, 000 Criminal Justice Project M85-000-2210-970N25 $7, 000 Miscellaneous Capital Project State City Community Total 4 . Goods & Services $ $ $ $ Supplies 331 331 a. Office 693 693 b. Food 3 , 969 3 , 969 C . Operating Supplies d. Goods & Services (LEEP) 6, 4 6, 1158 11818 e. Professional Services 12, 717 12, 717 Prof Srvcs (LEEP) 1, 562 1, 562 f . Postage 1, 500 1, 500 g. Property Rental 979 979 h. Telephone 561 561 i. Photocopying 4 , 000 1, 247 5 , 247 j . Reprographics 3 , 608 3 , 608 k. Office Space TOTAL GOODS & SERVICES $ 4, 000 $ 8, 288 $ 25, 442 $ 371730 Explanation of Goods & Services a-j Based on 1997 Budget and Actual Expenditures to Date d-e LEEP Grant of $22, 755 is for Youth Conference and Follow-Up Needs (portion of grant dedicated to D.A.R.E . is not included) k 350 sq ft @ $10 . 31 sq ft -------------------------------------------------------------- ty (April 96 - Mar 97) State City Community Total S . Other Community Donations $ $ $ 2, 220 $ 2, 220 a. In-Kind 4 , 100 4, 100 b. Cash 1, 445 1, 445 C . Fees 7, 269 7, 269 „„. d. Goods & Services 22, 290 22, 290 e . Volunteer Time TOTAL CoMONITY DONATIONS $ $ $ 37, 324 $ 37,324 Explanation of Community' Donations Based on April 96 through March 97 Actuals LEEP Grant amount does not include portion dedicated to D.A.R.E. -------------------------------------------------- State City Community Total TOTAL PROJECT BUDGET. $ 28, 012 $ 104, 877 $ 66, 903 $199,792 wtscg97b ............ Kent City Council Meeting Date September 2 . 1997 Category Consent Calendar 1. SUBJECT: POLICE DEPARTMENT TRANSFER OF FUNDS - APPROVAL 2 . SUMMARY STATEMENT: Approval to transfer $7 , 000 from the Criminal Justice Fund project for range repair and maintenance (N25) to the Miscellaneous Capital Project for range bullet trap installation (M85) . The range repair and maintenance project currently has a balance of $8, 119 under project N25-211-2210. Use of some of these funds to help cover the total costs for the bullet trap funded in M85-211-2210 is anticipated. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff and Public Safety Committee 8/19/97 (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. 3I Kent City Council Meeting Date September 2 , 1997 Category Consent Calendar 1. SUBJECT: CITY MOVING - BILL OF SALE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, authorization to accept the Bill of Sale submitted by City Moving for continuous operation and maintenance of 426 feet of watermain improvements, 515 feet of street improvements associated with the development, and release of bonds after the expiration period. The project is located in the vicinity of 80th Avenue South and South 206th St. 3 . EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (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. 3J _ l � J ' (SA 43RD ST) -S 1BOTH ST W t > s ' I . 1 t 1815T 8T ¢ O S Q eL vD ! ! ► ¢ � ff W 4f r1+ 9 166TH.5T I u�t', r j•'. j!! w IT `l 5 166TH 5T GLACIER 5T I L Q a W 2 � 5 190TH ST � -� 9 190TH ST `CAfFi S 190TH ST \•• 'fir J h W » 5 192NO 5T "a� T -.-.._ ..._._.__. 9iTH Si j 1l 9 194 TH 9T -aTH ST 5 196TH 5T W ¢ - eN . 5 200TH 5Tqtl h qt• �! 5 202ND IT t,5' f PROJECT LOCATION W N cr > y.; S 204TH 5T = F; 206TH ST 7 BTH ST 07; > F �� tosT 5T 5 209TH N W 6 S � 1 ----- .S.=TH..ST.. -- � S 212TH 4T i W CITY MOVING G .. ......... Kent City Council Meeting Date September 2 . 1997 Category Other Business 1. SUBJECT: CM-1 DISTRICT REGULATIONS ZCA-97-2 2 . SUMMARY STATEMENT: This proposed Zoning Code Amendment ZCA-97-2 was originally presented to the City Council on May 6, 1997 . However, by request of the proponent to expand the scope of the amendment, it was remanded back to the Land Use and Planning Board. The Board reconsidered the revised request at its meeting of July 28, 1997 , and voted to recommend that trucking terminals be permitted in the CM-1 zoning district by conditional use permit. 3 . EXHIBITS: Staff report, minutes of 7/28/97 4 . RECOMMENDED BY: Land Use and Planning Board (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO___-!- YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember U��rn seconds to approve the Kent Zoning Code Amendment ZCA-97-21 as recom- mended by the Land Use and Planning Board, and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION: ACTION• ��G Council Agenda Item No. 4A CITY OF )0\- BIT .� Jim White, Mayor Planning Department (253)859-3390/FAX(253) 850-2544 James P. Harris,Planning Director MEMORANDUM July 28, 1997 TO: STEVE DOWELL,CHAIR,AND LAND USE&PLANNING BOARD MEMBERS FROM: FRED N. SATTERSTROM, PLANNING MANAGER RE: PROPOSED REGULATORY REVIEW - CM-1 ZONING DISTRICT #ZCA-97-2 (SPARROW) At their meeting of May 6, 1997,the City Council remanded the abovereferenced regulatory review filed by Glen Sparrow back to the Land Use and Planning Board for further consideration. This action came as a result of a request by the applicant following the public hearing held by the Planning Board on March 24, 1997. A copy of the applicant's requested change to the Board's recommendation is attached herewith as Exhibit B. The original Sparrow regulatory review(Exhibit A)proposed to modify the language of the CM-1 zoning district to allow warehousing and distribution facilities. This proposal was endorsed by the Planning Board at its March meeting with some additional language which prohibited truck terminals and rail/truck transfer. Following the Planning Board's meeting and prior to the matter going to City Council, staff and applicant had discussions about potential uses of the subject property which led the applicant to submit a letter requesting that truck terminals be permitted as conditional uses. Rather than make unilateral changes to the Planning Board's recommendation,the City Council voted to send the matter back to the Board for its reconsideration. The revised regulatory request was reviewed at the Board's workshop on July 14, 1997 and a public hearing has been scheduled for the July 28, 1997 meeting. At the Planning Board's public hearing, the staff will present information on the impacts of the proposed CM-1 zone modification. FNS/tb:SPARROW.MOD Attachments cc: James P, Harris, Planning Director +ten mn AVF.Sn. I KENT wASHINCTON oM032-5695/.TEI-EPHONE r2061859-331A11 FAX x 859.3334 _— RECEIVED 1 CITY OF KENT N OY 0 4 1996 REGULATORY REVIEW CITY OF KENT PLANNING DEPARTMENT IIThe Kent City Council has determined that ongoing review of the city's regulatory process is in the j; public's bast interest. The Council wants the public to be able to p pa rt lc5 pets In this revfew. The j� outline on this page is Intended to give the public an opportunity to write down those things that �i they do not like about an ordinance or regulation. The Council will then review the public's comments I and. when appropriate, make changes to ordinances and regulations. I 0 What ordinance or regulation do you want the Council to review? .SECTION/ /57 04. 190• CoMMeecrA4 MAA(UF.4c7-0Rl"-1 DISTPlcrt CM-1 Sut85ZCT1Ot4 A. PRINCIPALLY PeRM1rr5D LISEs. 0 What is it that bothers you about this ordinance/regulation? SEE ITEM L ON ArTACt(aP SHEET, 0 What changes do you suggest to this ordinance/regulation? SEE ITEM'( 2 ON /4TYAClIfD Sttz:Cr, 0 What significance to the Community will occur with your proposed change? SEE '+TE7M 3 o>1 jrr1fCfC-D SI+EEr, 0 What effect, if any, wtill your proposed change have on related ordinances, regulations, plans and policies? THE Pi2cpaSEp GHRMGE St{ouLp Et~4trE /Vo FPECT- 0 Have you reviewed your concern with a City staff member? YE s. 0 Do you have any general comments you wish to make (can be about the or- dinance/regulation you want changed or about anything else to do,with ordinances/regulations or the permit process)? (�o 1 NAME GLr A( T- SPA2Ra r� ADDRESS 2220-82`=°y�trE,,S�, N/�XCeE�SGPKO� (q//p wo4cl RHONE NO. CZc�-) 232 -084-3 10/85 RECEIVED 1996 C YFY OF kLk;J 1 CITY OF KENT PLANNING DEPARTMENT RE(iULA ORY REVIEW (Continued) laMl. Subsection A of the current ordinance has no provisions for warehousing and distribution facilities such as those described in paragraph 9 (page 1204) of the M - 3 zoning district. The lack of such a provision now has a substantial negative impact on the property at 8801 South 218th Street. The existing tacility at this location was originally designed and constructed specifically for warehousing and distribution purposes. The owner at that time then operated a warehousing and distribution business there for several years until they were subsequently merged into a larger company and moved to a another location. Strict application of the existing CM - 1 zoning now does not permit use of the existing premises for it's intended purpose. This restiction combined with the very high assessment being levied against the property under LID #345 poses a substantial hardship. ITEM 2. We hereby request that the following described proposed paragraph be incorporated as an additional subparagraph under "Subsection A- Principally permitted uses." of the CM- 1 zoning district : 12..Warehousing and distribution facilities and the storage of - goods and products, except for those goods and products specifically described as permitted to be stored as conditional uses." 1TEM d. The proposed change will have little or no significant impact on the community. Much heavier property use already exists immediately north across South 218th Street at the Trammell Crow warehouse facility. The requested use would be compatible with the existing uses in the district. The substantial street improvement project now under construction on South 218th Street (LID #345)will surely mitigate whatever tragic impact that might occur as a result of the requested change. The existing CM- 1 zoning district has a provision allowing "Heavy commercial uses,- See subparagraph 1 under Subsection A. Uses described therein would certainly generate traffic density and use conditions comparable to the requested change. Thus, there would be no significant impact on the community as a result of the requested change, 6/18/96 May 12,1997 RE C E I V E D City of Kent MAy 1 41997 Planning Department N N pEpE 220 - 4th Avenue South Ft AN AAENT Kent, Washington 98032-5895 Attn: Mr. Fred Satterstrom, Planning Manager Re: Proposed Regulatory Request CM- I District Regulations Dear Mr. Satterstrom: The purpose of this communication is to request a departmental review of the proposed language prepared for the CM- 1 Zoning Code Amendment pursuant to our Regulatory Review Request. We submit for your consideration the following possible language to be added to the permitted uses in the CM- 1 Zone: "Warehousing and distribution facilities and storage of goods and products;provided however that trucking terminals and rail/truck transfer uses shall be permitted subject to a request for and approval as a conditional use." This request is consistent with the existing trucldng terminal uses directly fronting on the north side of South 218th Street and across from our property. The recently completed costly LID 4345 improvements to South 218th Street have adequately mitigated any traffic impact which may occur as a result of the proposed amendment to the CM - 1 Zoning Regulations. In addition we wish to refer you to the comments and information submitted under "ITEM 3" of our original Regulatory Review Request of June 18, 1966. The high assessments levied under LID#345 are having a severe impact on the affected properties abutting South 218th Street. Approval of the requested zoning amendment, which is consistent with the purpose of the CM- 1 zone, will provide some degree of relief in this regard. Vem truly yours, en T. S =0 - 8 Avenue, S.E. Mercer Island,WA 98040 CITY OF �111Mr Jim White, Mayor Planning Department (206)859-3390/FAX(206)850-2544 James P. Harris, Planning Director LAND USE & PLANNING BOARD MINUTES Public Hearing July 28, 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 July 28, 1997. in Council Chambers of Kent City Hall. LAND USE & PLANNING BOARD MEMBERS PRESENT: Steve Dowell, Chair Brad Bell,Vice Chair Tom Brotherton Jerry Daman Ron Harmon Sharon Woodford LAND USE & PLANNING BOARD MEMBERS ABSENT: David Malik PLANNING STAFF MEMBERS PRESENT: James Hams, Planning Director Fred Satterstrom, Planning Manager Kevin O'Neill, Senior Planner Teresa Beener,Administrative Secretary APPROVAL OF MINUTES Board member Ron Harmon MOVED and Jerry Daman SECONDED a motion to approve the June 23, 1997 minutes. Board member Tom Brotherton explained that the motion made to open the public hearing(on page 7)was MOVED by Ron Harmon. The motion was amended to reflect the change. The motion carried. ADDED ITEMS TO THE AGENDA None. COMMUNICATIONS None. NZCA-97-1 CM-1 ZONING DLY=7REGULITIONS NZCA-97-3 PLANNED UNIT DEVELOPMEM3 NZCA-97-5 GENERAL CONDMONAL USES 2204th AVE SO /KENT WASHINGTON 9803''-5895 1 TELEPHONE (106)859-3300!FAX 8 859-3334 Land Use and Planning Board Minutes July 28, 1997 Page 2 NOTICE OF UPCOMING MEETINGS Planning Director Jim Harris explained that there will be a Special Planning Committee meeting to consider the Downtown Strategic Action Plan on Wednesday, August 6, 1997 at 7:00 p.m. in the City Council Chamber East. Mr. Harris explained that this is a continuation of the July 15. 1997 Planning Committee meeting. #ZCA 97 2 CM 1 ZONING pIS r ICT gEG LATIONS - (F. Satterstrom) Planning Manager Fred Satterstrom explained that this item was previously heard by the Land Use and Planning Board and a recommendation was sent to the City Council. Mr. Satterstrom explained that this item has been remanded back to the Board from the City Council at the applicant's request for reconsideration. Planning Manager Fred Satterstrom explained that the request for a regulatory review was received from Mr. Glen Sparrow. Mr. Sparrow has requested to expand the permitted uses in the CM-1 zone to include warehousing and distribution facilities and the storage of goods and products. Mr. Satterstrom explained that the original recommendation by the Land Use and Planning Board specifically did not permit trucking terminals and rail/truck transfer uses. The applicant has requested that these uses be allowed as a conditional use. Mr.-Satterstrom explained that CM-1 zoning is located in only one area within the City of Kent along Central Avenue and is less than one percent(I%)of the City's total land mass. The CM-1 zoning district is adjacent to Manufacturing zones which allow trucking terminals and rail/truck transfer uses. Staff recommends amending the CM-1 district regulations and adding the following principally permitted uses: "Warehousing and distribution facilities and storage of goods and products; provided however, that trucking terminals and rail/truck transfer uses shall be permitted subject to a request for and approval as a conditional use. " Mr. Satterstrom explained that a conditional use permit requires a public hearing before the Hearing Examiner. He explained that the Hearing Examiner.has the ability to set mitigating conditions on a case by case basis. Vice Chair Brad Bell questioned who the perspective tenant was. Mr. Satterstrom explained that Yellow Freight made the original inquiry on the site; however, it could be another company who actually occupies the property in question. Chair Steve Dowell questioned what other areas this would effect. Mr. Satterstrom explained that CM-1 zoning is located in only one area. (Mr. Satterstrom identified the area on the map). Board member Ron Harmon MOVED and Tom Brotherton SECONDED a motion to open the public hearing. Motion carried. w 4ZCA-97-2 CM-1 ZONING DISTRICTREGULATIONS #ZCA-97-3 PLANNED UNIT DEVELOPMENTS #ZCA-97-5 GENERAL CONDITIONAL USES Land Use and Planning Board Minutes July 28. 1997 Page 3 John Paul Turner, 3 Lake Bellevue Drive, Suite 100, Bellevue (98005). Mr. John Paul Turner is an attorney with Rogers & Deutch and is representing the applicant, Mr. Glen Sparrow. Mr. Turner presented the Board with some pictures that the applicant took of the area. He explained that 218th has undergone a substantial LID project and presented pictures illustrating the improvements. Mr. Turner commented that the property across the street in the industrial zone has extensive driveways as does the property owned by Mr. Sparrow. He remarked that the Sparrow property was previously permitted as a trucking terminal. Mr. Turner stated that he concurs with staff's recommendation. Board member Harmon MOVED and Vice Chair Bell SECONDED a motion to close the public hearing. Motion carried. Mr. Harmon asked for staff to reiterate the original recommendation that was made by the Land Use and Planning Board. Mr. Satterstrom explained that the original recommendation was as follows: "Warehousing and distribution facilities and storage of goods and products; provided however, that trucking terminals and rail/truck transfer uses shall not be permitted. " Chair Steve Dowell questioned whether the property could handle a larger building. Mr. Satterstrom explained that it could be expanded somewhat but the site is restricted. Mr. Harmon questioned the size of the existing building. Mr. Satterstrom explained that he is uncertain. Harmon questioned whether the CM-1 zone was established to buffer the heavy manufacturing from the multifamily residential. Mr. Satterstrom explained that the purpose of the CM-1 'zone is to provide an area for both heavy commercial and industrial uses of land. Mr. Satterstrom explained that the only potential problem staff foresees with the requested amendment is where the CM-1 zone abutts high density multifamily. Mr. Satterstrom commented that the CM-1 zone is a relatively small area of land and most of it is already developed. He stated that the LID improvements on 218th make this area more capable of handling a trucking type use. Mr. Satterstrom explained that three circumstances help mitigate the potential conflict between a trucking use and the multifamily residential. The first is the transition requirements that are written into the zoning code. These regulations apply when you have industrial uses next to multifamily residential. The second is the grade difference. The multifamily area is located on the hill and the industrial land is in the valley. Mr. Satterstrom explained that the difference in elevation and grade helps to separate the two uses. The third is the requirement of a public hearing through the conditional use process. Surrounding property owners would have an opportunity to go before the Hearing Examiner and voice any concerns they may have with a trucking terminal next door. The Hearing Examiner is able to set mitigating conditions when necessary. #ZCA-97-2 CM-1 ZONING DISTRICT REGULATIONS #ZCA-97-3 PLANNED UAUDEVELOPMENTS #ZCA-97-5 GENERAL CONDITIONAL USES Land Use and Planning Board Minutes July 28, 1997 Page 4 Mr. Harmon commented that a trucking terminal could be a twenty-four hour seven day a week operation. Mr. Bell stated that he is comfortable with the Conditional Use process where the Hearing Examiner can mitigate individual site concerns on a case by case basis. Vice Chair Brad Bell MOVED and Harmon SECONDED a motion to recommend that the City Council adopt the staff recommendation to amend Section 15.04.120(A) and add the following principally permitted uses: "Warehousing and distribution facilities and the storage of goods and products;provided, however, that trucking terminals and rail/truck transfer uses shall be permitted subject to a request for and approval as a conditional use. " Motion carried. #Z A 97 3 PLANN�" 7T7=T DEVELOPMENT RE 1i ATIONS -(K. O'Neill) Senior Planner Kevin O'Neill explained that the City received a request for a regulatory review of the Planned Unit Development(PUD)regulations from Polygon Northwest. Mr. O'Neill explained that the Kent Zoning Code currently provides for a PUD in Section 15.04.080. He explained that the intent of a PUD is to create a process to promote diversity and creativity in site design and protect and enhance natural and community features. Mr. O'Neill explained that the process is provided to encourage unique developments which may combine a mixture of residential, commercial and industrial uses. Mr. O'Neill explained that PUD provisions in the zoning code go back to the original 1973 zoning code. Typically the purpose of a PUD is to allow for flexibility for site design in terms of layout, lot sizes, and uses, but it requires a formal review and approval process which includes a public hearing in front of the Hearing Examiner. The applicants have requested three specific changes to the PUD regulations which are outlined on page 2 of the July 28, 1997 staff report and listed below: 1. Allow PUDs in single-family zoning districts, if the site is 100 acres or more. 2. Allow for attached dwelling units. 3. Allow a phased, or "master plan" process. Mr. O'Neill explained that the Comprehensive Plan goals and policies in both the Land Use Element and the Housing Element encourages residential buildout throughout the City in order to meet the housing targets that are provided for in the Growth Management Act, well at the same time, protecting the environmentally sensitive areas like wetlands, steep slopes, and creek and stream corridors. Mr. O'Neill explained that a PUD is a very good mechanism for accomplishing that. Typically, a PUD is able to cluster the development on the most developable portions of the #ZCA-97-2 CM-1 ZONING DISTRICTREGULATIONS #ZCA-97-3 PLANNED UNIT DEVELOPMENTS 4ZCA-97-5 GENERAL CONDMONAL USES Land Use and Planning Board Minutes July 28, 1997 Page 5 w lot and the environmentally sensitive areas are left alone. In fact, the current PUD regulations require that 35% of the site be dedicated for common open space. Mr. O'Neill explained that there were several issues discussed at the July 14, 1997 Workshop with regard to different housing types. Mr. O'Neill explained some of the options available. Flexibility with regard to the different types of housing types and allow it to be reviewed as part of the Hearing Examiner process. Allow the attachment of units but not allow any density bonus Capping any multifamily buildings at two stories • Allowing only side by side units as opposed to vertically stacked units Restricting the number of units per building in a PUD Allowing only a certain percentage of overall units to be multifamily With regard to the master plan process, Mr. O'Neill explained that this process was utilized during the development of the Lakes project which was a large contract rezone. The Lakes project, that was approved back in the 1970's, consisted of a an overall master plan for a site over 200 acres. The master plan prescribed approved densities within the site and each phase was reviewed and approved administratively. The advantage of establishing a master plan approval process in the PUD Ordinance is that it could be used for a residential PUD or any type of a large development project that was either going to built out in phases or was going to combine uses. Mr. O'Neill commented that if the Borden site was ever redeveloped a master plan process could be used. Mr. O'Neill commented that the City Attorney is concerned that the Hearing Examiner is currently authorized to approve an application for a PUD. Mr. O'Neill explained that if a use is not typically allowed in the underlying zoning district (i.e. attached dwelling units in a residential zone) it becomes more of a legislative action similar to a rezone. Based on the Law Department's recommendation, if a use is different than what is allowed in the underlying zone, the Hearing Examiner should review the application, make a recommendation to the Council, and the Council should have the final approval. Mr. O'Neill explained that this would only be applicable when the underlying uses differ from the current use. He explained that this would also apply when a PUD of ten acres or more includes a commercial use. This is currently allowed within the existing regulations and would fall under the same approval guidelines. Mr. O'Neill explained the proposed changes to the zoning code that are outlined in the July 28, 1997 staff report. Vice Chair Brad Bell questioned how many parcels of land this provision would effect. Mt. O'Neill explained that currently there are very few vacant residentially zoned parcels of land that are 100 acres or more. The Kent Highlands site is one. He'explained that it would be possible for property owners to assemble enough land together for a 100 acres PUD. #ZCA-97-2 CM-!ZONING DISTRICT REGULATIONS #ZCA-97-3 PLANNED UNIT DEVELOPMENTS #ZCA-97-5 GENERAL CONDITIONAL USES Land Use and Planning Board Minutes July 28, 1997 Page 6 Mr. O'Neill commented that the Meridian Valley Country Club is a couple of hundred acres and was originally approved as a PUD. He explained that this provision would provide a process in the zoning code to allow further buildout if they decided to do so later. Board member.Ron Harmon.questioned the ten year time limit. Mr. O'Neill explained that the current PUD Ordinance requires that a development permit be brought in within one year of approval of a PUD. He explained that the purpose for ten years was allowing enough time for a master plan to be built out in several phases. Mr. Harmon questioned if a shorter time frame would be appropriate. He suggested a seven year limit with an option to extend. Mr. O'Neill explained that it would depend on the scope of a specific project whether seven years would be sufficient. Board member Sharon Woodford questioned why the limitations were discussed but were not a part of the staff recommendation. Mr. O'Neill explained that the intent was to offer some suggestions of limitations based an the concerns that were voiced at the July 14, 1997 workshop. He explained that not allowing a density bonus is a restriction that is currently allowed. Ms. Woodford commented that she is concerned with the aesthetics and would like to see some type of development that would blend in with the single family zone. She commented that side by side units or townhome designs can be made to look more pleasing to single family residents than if a three story apartment looking structure was put in. She would like to see the design fit into the surrounding area. She remarked that the applicant has the same concerns,but this may not mean that a future developer would. Vice Chair Brad Bell remarked that the City of Kent, both the Planning Department and the City Council,has had a history of opposing multifamily development. Mr. Bell commented that in the early 90's the City practically halted all new multifamily development. He explained that the City has consistently annexed property with that had multifamily zoning designations in the county and downzoned the properties to single family designations. Mr. Bell questioned the staff s motivation for completely turning around the City's position. Mr. O'Neill explained that this is not a shift in their position. Mr. O'Neill explained that by allowing the option to cluster development in the most developable portion of the site, it allows the site an opportunity to built out at the densities allowed in the Comprehensive Plan. He explained that there is a big difference between allowing for flexibility in developing a restricted site and a rezone to MRG or MRM that would allow 16 to 20 units per acre. Mr. Bell explained that he is not speaking toward rezone but to the actual down zoning of property. Mr. Bell asked whether he saw anything ordinarily unfair about taking property owners on the easthill and downzoning them and now saying okay we can have multifamily on the westhill on a hundred acres. #ZCA-97-2 CM-I ZQNING DISTRICT REGULATIONS #ZCA-97-3 PLANNED UNIT DEVELOPMENTS #ZCA-97-5 GENERAL CONDITIONAL USES Land Use and Planning Board Minutes July 28, 1997 Page 7 w Mr. Bell explained that with a 100 acre site that has only 50 acres that are developable the PUD would double the amount of housing units that can be placed on the site. Mr. O'Neill commented that it potentially doubles the amount of housing units that can be placed on the developable portion of the site,but the entire site is still regulated by the underlying zoning. Mr. Bell questioned whether that was doubling the intensity of the site. Mr. O'Neill stated that the site is regulated for a certain number of units per acre and that provision would still apply. Board member Sharon Woodford commented that the applicant has previously spoken to the Kent School District and discussed allocating some land to use for a school. She questioned whether the City has any authority to require that an application with a site of 100 acres or more have to allocate a percentage of land for schools or at least facilitate a discussion with the school district. Mr. O'Neill explained that the Board has the choice to make that recommendation. He explained that any large project would go through an environmental review. He commented that mitigating conditions and factors would be analyzed as part of that. Ms. Woodford commented that one hundred acres or more has a potential for a lot of families. A project of that size could easily overpopulate the schools instantly. Planning Director Jim Harris questioned whether Ms. Woodford was proposing that the regulations for a PUD with one hundred acres or more have a requirement that a school be placed on the site or "w that consideration be given for a school site. Mr. Hams stated that those are two vastly different concepts. Requiring a development to provide a ten acre elementary school site or a fifteen acre junior high site may not fit into the school district's overall plan. The school district may want to locate down the road. Ms. Woodford questioned what the City had authority to require. She would like to see some requirement that an applicant must discuss the school district's needs. Mr. Harris commented that schools are allowed in any zone through a conditional use permit. Board member Ron Harmon commented that he has some of the same concerns as Ms. Woodford. He would like to see some consideration given to schools on a hundred acre site. The school district needs should be considered by the developer of a hundred acre site.. Mr.Harris pointed out that city and school district operations are two separate governmental entities. To expect the two to work together simply by writing something into the City of Kent Zoning Code may be unrealistic. Mr. Harris commented that the Board has some good ideas. The City could require the developer to work with the school district. Ms. Woodford asked what the City has the authority to do. Mr. Harris explained that the City has the ability to suggest an idea,but the school district has their own ideas. Mr. Hams commented that talking with each other is very important. #ZCA-97-2 CM-1 ZONING DISTRICT REGULATIONS #ZCA-97-3 PLANNED UNIT DEVELOPMENTS 4ZCA-97-5 GENERAL CONDITIONAL USES Land Use and Planning Board Minutes July 28, 1997 Page 8 Board member Tom Brotherton commented that we are all acutely aware of the City Council's concerns on multifamily dwelling units. He questioned whether the City would have any difficulty meeting housing targets if the PUD is not approved. Mr. O'Neill explained that on the particular site in question this is probably the only way that the density could be accommodated. He commented that is not necessarily the case on the large scale because the 100 acre requirement limits the use. Chair Steve Dowell stated that the developers pay the school districts a fee for each dwelling built. Mr. O'Neill commented that school impact fees are required for each new dwelling unit constructed. He explained that the fee is different for single family versus multifamily. Mr. O'Neill stated that single family residences are charged $3,500 per home and multifamily units are charged approximately $2,000 per dwelling unit. Chair Dowell questioned the allowance of commercial uses. Mr. O'Neill explained that the current PUD Ordinance allows commercial uses on any residential PUD of ten acres or more, hence, this would apply to a hundred acre or more site. He explained that the current Ordinance would only allow those uses that are currently allowed in the Neighborhood Community Commercial (NCC) zoning district. Chair Dowell questioned what would be some allowed uses. Mr. O'Neill explained that the principally permitted uses would be any local retail business for sale of new merchandise, as opposed to a resale or thrift store,personal services such as barber and beauty shops, and any other retail or personal services use as determined by the Planning Director to be of the same general character of the local retail businesses and services as well as municipal buildings. Dowell asked what conditional uses would be allowed. Mr. O'Neill explained that only conditional uses allowed would be the general conditional uses that are listed in Section 15.08. General conditional uses would include schools, retirement homes, and those uses that are allowed in every zoning district as a general conditional use. Board member Ron Harmon MOVED and Tom Brotherton SECONDED a motion to open the public hearing. Motion carried. Eric Wells,Polygon Northwest,4030 Lake Washington Boulevard#201,Kirkland,WA 98033. Mr. Eric Wells presented the Board with a letter(Exhibit#2). Mr. Wells explained that Polygon would like an opportunity to build a community. He explained that there are several types of communities, multifamily, single family and combinations of the two. Polygon proposes an opportunity to come in on a large piece of property in the City of Kent and have the flexibility to provide housing for a variety of different lifestyles, for a variety of different people that can afford homes at different levels. #ZCA-97-2 CM-1 ZONING DISTRICT REGULATIONS #ZCA-97-3 PLANNED UNIT DEVELOPMENTS #ZCA-97-5 GENERAL CONDITIONAL USES Land Use and Planning Board Minutes July 28, 1997 Page 9 Mr. Wells stated that if a hundred acre site is developed with only single family housing with the constraints you have on development today, road improvements, school impact fees, and the time required to develop a.complicated site with steep slopes and the wetland issues, a lot of people are priced out of the market. He commented that he sees that today, as the market goes up. He explained that a variety of different housing needs can be met in a single project with a master planned community or a large PUD. Mr. Wells commented that Polygon has had open communication with the school district. He stated that they do understand the school's needs and stated that school impact fees are set up to address some of the school district's needs. Mr. Wells commented that when designing a large project you need to take schools into consideration. Board member Tom Brotherton commented that some of the concerns for multifamily projects stem from renters not taking as much pride and ownership in a rental unit. He commented that people who make an investment and plan to stay for an extended period of time tend to make a commitment to the community and the area. Mr. Brotherton questioned whether Polygon would object to a requirement that the multifamily housing be built for single ownership or would apartments need to be included in this development to be saleable. Mr. Wells explained that Polygon builds homes for sale product. Whether they build side by side townhomes, single family or detached condominium,or even stacked condominium,they are all for sale product and that is there intent. He doesn't foresee a difficulty committing to single ownership dwellings. Mr. Brotherton commented that one concern is not to degrade the quality of service in the neighborhood when you bring in a PUD or a large development. Mr.Brotherton questioned whether Polygon would agree to maintain current service levels. Mr. Wells explained that this may be difficult to address. He explained that issues involving parks, traffic, roads, school impact fees, water, and sewer are brought out during the environmental review and mitigating conditions are set. Mr. Brotherton discussed an issue if a phased development when a high percentage of the multifamily is developed first. Mr. Brotherton commented that he would like to see a proportionate amount of single family development along with the multifamily development in a phased development. Mr. Brotherton questioned if this would be a problem. Mr. Wells explained that from a developer stand point that is their goal. They try to develop a variety of units simultaneously to offer something to sell for everybody. At the Lakes, Mr. Wells explained that they have actually opened four separate communities at one time so they could offer a variety and choice. He commented that restricting a development to a specific proportion could be difficult to write into the regulations, however,they try to offer a variety. Otherwise,they could commit business suicide. He explained that the market demand drives their business direction. #ZCA-97-2 CM-1 ZONING DISTRICT REGULATIONS #ZCA-97-3 PLANNED UMTDEVELOPMENTS #ZCA-97-5 GENERAL CONDITIONAL USES Land Use and Planning Board Minutes July 28, 1997 Page 10 . Chair Steve Dowell commented that a lot of research has gone into the downtown plan and dispersing commercial uses sporadically in outlining areas does not concentrate the focus. Mr. Dowell questioned what type of retail uses if any Polygon was considering. Mr. Wells commented that it's not Polygon's intent to develop retail or light commercial into the PUD. He explained that the allowance of some commercial uses is presently allowed in the code and. therefore, was referenced by staff. Chair Dowell questioned what type of multifamily rental units Polygon was considering. Mr. Wells explained that it is not Polygon's intent to build any for rent product. He explained that they intend to build for sale product. Mr. Wells suggested setting a height restriction of two stories above grade. Mr. Dowell questioned what types of units Polygon was considering for the PUD site. Mr. Wells commented that they are considering a detached condominium, side by side two story townhome, single level side by side townhome, carriage style two story six-plex with integral garage. Board member Sharon Woodford questioned whether the Lakes had on-site day care facilities. Mr. Wells explained that there is a day care that has been there for years. He explained that it is located in the older Lakes near the apartments. Ms. Woodford questioned whether Polygon had considered a day care facility for the PUD development. Mr. Wells explained that the day care facility at the Lakes community seems to be doing well;however,the Lakes is a much larger project with 240 acres and approximately 2400 units. Board member Ron Harmon questioned the total acreage of the land under consideration. Mr. Wells explained that the site is 202 acres. Mr. Harmon commented that 202 acres is not much different from the 240 acres at the Lakes. Mr. Wells explained that the Lakes was zoned for a much higher density. The land under consideration for the PUD development is zoned three units per acre. Vice Chair Brad Bell commented that at three units per acre and 202 acres that would allow for over 600 units not the three hundred as previously referenced. Mr. Wells explained that any reference made to 300 units was a standardization of three units per acre based on a flat one hundred acre site not the project specific site. Mr. Wells apologized for any confusion. Gary Young, Polygon Northwest, 4030 Lake Washington Boulevard #201, Kirkland, WA 98033. Mr. Gary Young explained that he is the principle of Polygon Northwest. Polygon is a family based business that started in 1974. He explained that he has personally worked in the City of Kent since 1980. Polygon has invested seventeen years on a number of different developments. He explained that land that is remaining for development is land that typically has much more environmental sensitivity to it. The more difficult properties are generally the last to be developed. Mr. Young explained that they are not asking for a something specific to benefit their company. They are asking for an opportunity to work on a specific property. He commented that they do feel that there are other opportunities in the City that this change could benefit. #ZCA-97-2 CM-1 ZONING DISTRICT REGULATIONS #ZCA-97-3 PLANNED UNITDEVELOPMEN7S #ZCA-97-5 GENERAL CONDITIONAL USES Land Use and Planning Board Minutes July 28, 1997 Page 11 He explained that this is not opening the door or providing a single unique opportunity. This is providing an opportunity to plan and to take into consideration all of the needs of the City. Mr. Young explained that as a builder and having worked with the City in the past they have a keen sensitivity of the issues of Kent. They understand the needs for schools facilities and not to have Kent labelled an"apartment" community. Mr. Young explained that it is Polygon's intent to provide for a range of housing to allow unique ownership opportunities. He explained that this change could help Kent meet its target housing goals. Vice Chair Brad Bell MOVED and Ron Harmon SECONDED a motion to close the public hearing. Board member Ron Harmon commented that he supports the no density bonus and the master plan with phased development. He is concerned with a ten year time limit and would feel more comfortable with seven years. He would like the uses expanded to allow for in-home offices. He would like to see no more than two side by side units attached, a height limit of two stories above grade, and some provision for a cohesive agreement or conversations pursued with the school district. Mr. Harmon stated that he would like to see the proportion of 75% single family and 25 % multifamily. He also supports limited commercial uses such as a day care center, corner grocery, or dry cleaners, Chair Dowell questioned if day care centers were regulated. Planning Director Jim Hams explained that day care centers are regulated by the state and are allowed in single family zones. Mr.Brotherton commented that he would like the multifamily units limited to individual ownership. He remarked that 75/25 seems like a tough proportion. However, he would like to see a mix with greater than 50% single family. He suggested a letter of instruction to the Hearing Examiner to ensure that service quality for utilities and roads would not be degraded and if the services had been degraded by one phase that it must be corrected before the next phase is built. Mr. Brotherton would like to see a limit on the number of side by side units. He felt two would be too limiting and would rather limit at four or five. Ms. Sharon Woodford supports the restriction of individual ownership and a height limit of two stories. Ms. Woodford remarked that limiting side by side units to two is too restrictive. Vice Chair Brad Bell commented that he supports the PUD concept and is pleased with Polygon's interest. However, Mr. Bell could not support multifamily development in a single family zone under any circumstance. Board member Jerry Daman. remarked that he is impressed with the whole process. He is comfortable with what has been presented and with staff s recommendation. He supports the height restriction of two stories and would like a provision for home occupations. #ZCA-97-2 CM-1 ZONING DISTRICT REGULATIONS #ZCA-97-3 PLANNED UNIT DEVELOPMENTS #ZCA-97-5 GENERAL CONDITIONAL USES Land Use and Planning Board Minutes July 28, 1997 Page 12 Mr. Harris explained that home occupations are allowed outright if they meet certain criteria. Mr. Harmon suggested restricting parking to no on-street parking and Chair Dowell recommended no retail, no commercial, and no apartment or rental units. Mr. Young commented that if a restriction was made to require 75% single family and 25% multifamily their project would be not be economically viable. He commented that 25% single family and 75%multifamily would be feasible. Mr. Young also commented that limiting six units per building is acceptable. Ms. Woodford asked if staff had some feedback based on the Board's discussion. Mr. O'Neill explained that the ownership issue would require a legal interpretation but he felt that the City would probably not be able to require ownership of individual units. He suggested that this be left as a part of the Board's recommendation but would be dependent upon a legal interpretation by the City Attorney. Mr. O'Neill commented that a height limit could be added to the recommendation. He suggested that another option would be to regulate any development in a single family PUD to the single family height limit which is thirty-five feet(35') in the single family zone. Chair Dowell questioned how high thirty-five feet would be. Mr. O'Neill explained that this would be two and a half stories or thirty-five feet. Mr. O'Neill explained that if the Board would like to consider a proportionate amount of single family versus multifamily they would need to come up with a recommendation. Mr. Harmon questioned what Polygon would be able to live with. Mr. Young commented that 25%single family is the most they could handle. Mr.Brotherton commented that with the unique features of this specific piece of land it is somewhat restrictive with how it can be built out. He remarked that another project may not have the same constraints. Mr. Brotherton suggested leaving a proportion up to the judgement of the Hearing Examiner. Mr. Harmon asked for the staff s recommendation. Mr. O'Neill explained that there was no staff recommendation for a specific proportion in the staff report. He explained that an application would be reviewed by staff, by surrounding property owners in a community meeting, in a formal public hearing in front of the Hearing Examiner, and by the City Council. Given this extensive review process,plus the SEPA and multifamily design review process, staff did not feel.that it is necessary to specify a certain percentage. Mr. Brotherton commented that he agrees with what Mr. O'Neill is saying. Putting a specific number on a requirement is too limiting. He recommended establishing a goal for the Hearing #ZCA-97-2 CM-I ZONING DISTRICT REGULATIONS #ZCA-97-3 PLANNED UNIT DEVELOPMENTS #ZCA-97-5 GENERAL CONDITIONAL USES Land Use and Planning Board Minutes July 28, 1997 Page 13 Examiner to maximize the,number of single family residences consistent with the development under review. Mr. Harmon MOVED and Mr. Daman SECONDED a motion to recommend approval of the staff recommendation for#ZCA-97-3 outlined in the July 28 staff report and send the recommendation to the City Council with the following amendments: • Height limit of two stories No on-street parking Provide documentation of dialogue with the school district • Require single ownership (pending City Attorney interpretation) • Seven year time limit with the opportunity to extend to a maximum of three years Require 75% single family and 25%multifamily ratio Ms. Woodford is uncomfortable with the 75/25 requirement. She commented that Polygon would be unable to develop their project. Ms. Woodford MOVED to amend the motion and leave the proportion of single family versus multifamily units to the discretion of the Hearing Examiner. Mr. Harmon SECONDED the motion. Motion carved(Bell opposed). The original motion carried with Bell opposed. #ZCA-97-5 GENERAL CONDITIONAL USES - (J. Hams) Planning Director Jim Hams explained that there are a lot of private schools in Kent. He explained that in fact,there are two schools, within two blocks of where we are sitting tonight, that didn't go through any type of review. There is nothing in the regulations that require private schools to go through a review process. Mr. Harris commented that private schools are very popular today as an alternative to public schools. He explained that private schools are not considered in the general conditional use section of the zoning code. He is recommending an amendment to general conditional uses to give private schools the same requirements as public schools. Mr. Harmon questioned whether there was any dialogue with the public schools regarding this matter. Mr. Hams explained that this isn't competition to public schools. Board member Sharon Woodford questioned whether a school could be located next to an adult bookstore. Mr. Harris explained that Kent has established adult use guidelines which do not allow an adult use within 1,000 feet of a school. He explained that if a school already exists an adult use can not be within 1,000 feet and if an adult use already exists a school will not locate within 1,000 feet. Vice Chair Brad Bell MOVED and Board member Ron Harmon SECONDED a.motion to open the public hearing. Motion carried. There was no public testimony. Harmon MOVED and Bell SECONDED a motion to close the public hearing. Motion carved. #ZCA-97-2 CM-I ZONING DISTRICT REGULATIONS 4ZCA-97-3 PLANNED UNIT DEVELOPMENTS #ZCA-97-5 GENERAL CONDITIONAL USES Land Use and Planning Board Minutes July 28, 1997 Page 14 Mr. Harmon MOVED to recommend approval of#ZCA-97-5 general conditional uses as proposed by the Planning Department and forward the recommendation to the City Council. Brotherton SECONDED the motion. Motion carried unanimously. Meeting adjourned at 9:40 p.m. Respectfully Submitted, J es P. Harris ecretary U:\DOC\LANDUSE\MrNUTES\PBMTG7.28 #ZCA-97-2 CM-1 ZONING DIS77UCTREGULA77ONS #ZCA-97-3 PLANNED UNIT DEYELOPMEN7S #ZCA-97-5 GENERAL CONDMONAL USES ........... Kent City Council Meeting Date September 2 . 1997 Category Other Business 1. SUBJECT: LANG PRELIMINARY PLAT SU-96-25 2 . SUMMARY STATEMENT: This date has been set to consider the Hearing Examiner's recommendation for approval of an applica- tion by Lang Construction & Associates for a 37-lot single- family residential preliminary subdivision No. SU-96-25. The plat is 8. 2 acres in size and is located at 10104 and 10116 SE 248th. 3 . EXHIBITS: Staff report, Finding and Recommendations, and preliminary plat map 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember CMS moves, Councilmember /dlnw. seconds to accept/-r� the Findings of the Hearing Examiner, and to adopt the Hearing Examiner's recommenda- tion of approval of Lang Preliminary Plat No. SU-96-25. DISCUSSION• ACTION: Council Agenda Item No. 4B CITY OF �Lr!2 ;S Jim White, Mayor Planning Department (253) 859-3390/FAX(253) 850-254-J James P. Harris, Planning; Director KENT PLANNING DEPARTMENT (253) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF DULY 2. 1997 FILE NO: LANG #SU-96-25 APPLICANT: Lang Construction& Associates 1707 South 341 st Place, Suite C Federal Way, WA 98003 REQUEST: A request to subdivide approximately 8.2 acres into 37 single family residential lots. " STAFF REPRESENTATIVE: Matthews Jackson, Planner/GIS Coordinator STAFF RECOMMENDATION: APPROVAL with conditions I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to subdivide three existing tax parcels into 37 single family residential lots. Construction of a residential road to City of Kent standards will be required to serve this plat. Approval of this application will produce 34 new building lots. Three existing houses located on the property are to remain. 220 4th AVE SO. /KENT WASHINGTON 98032-5895/TELEPHONE i 206)859-1300/FAX N 859-3334 Staff Report Lang #SU-96-25 B. Location The subject property is located at 10104 and 10116 SE 248th Street between SE 244th Street and SE 248th Street. This area can be characterised as a prime infill development location because it is served by existing infrastructure and it is conveniently located near many urban services. C. Size of Property The subdivision proposal is approximately 8.2 acres in size. D. Zoning The subject property is zoned SR-6, Single Family Residential with a 6.05 units per acre maximum density. The minimum lot size in this zoning district is 5,700 square feet. Zoning in the vicinity of the proposed subdivision includes SR-4.5, SR-6, SR- 8, and O, Office and Professional along 104th Avenue SE. E. Land Use The City of Kent Comprehensive Plan Land Use Map designates the site SF 6, Single Family Residential, six units per acre maximum density. Neighboring land uses are single family residential, and several subdivisions have been developed in the area in recent years. The Canterbury subdivision (#SU-89-3) was recorded in 1991 with 18 lots on 4.34 acres. The average lot size in this development is 7,914 square feet, and the density of the development is 4.15 units per acre. The Eastwood subdivision (#SU-89-1) was recorded in 1991 with 21 lots on 4.36 acres. The average lot size in this development is 7,535 square feet,and the density is 4.82 units per acre. The Top of the Hill subdivision(#SU-94-2)was approved in 1995 with 41 lots on 8.74 acres. The average lot size in this development is 5,200 square feet, and the density is 4.69 units per acre. In addition, three tentative subdivisions, Hillside Manor, Strawberry Lane,and Canterwood and one tentative shortplat,Kay,are being considered for development near this application. The developers of the Lang Subdivision are proposing 37 detached single family lots on 8.2 acres. The average lot size is 7,181 square feet and the density is 4.51 units per acre. The proposed development is consistent with the comprehensive plan land use map designation as well as with the type of development which has occurred in the vicinity. 2 Staff Report . Lang #SU-96-25 F. Histor<, The subject property was annexed to the City of Kent as part of the 400 acre East Hill Well Annexation Area 2 on April 22, 1987 (Ordinance 2727). The annexation occurred as a result of the City taking over and improving the water system for customers of the East Hill Well Company. A Tentative Plat meeting was held on August 23, 1996 to discuss issues regarding the Lang preliminary plat (#TSU-96-25). This subsequent preliminary plat application is significantly different from that reviewed for the tentative meeting. The acquisition of adjacent properties has expanded the number of lots and configuration of the subdivision. A second tentative meeting was not held for this application. The proposed development incorporates a portion of a short plat which was reviewed by the city. The Hoffman short plat(#SP-95-23) was given conditional approval by the short subdivision committee on November 2, 1995. However, it was not recorded and has since expired. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A final Mitigated Determination ofNonsignificance(MDNS) was issued on April 3, 1997 (#ENV-97-15) subject, to 14 conditions. #ENV-97-15 replaces the environmental review(#ENV-96-56) which was completed with respect to the old lot configuration. A copy of the MDNS will be a part of the record for this preliminary plat. B. Significant Physical Features Topo r by and Vegetation The applicant describes the property as rolling with the slopes averaging 5 percent or less. The soil is Alderwood Sandy Loam and the developer expects to use approximately 3,000 cubic yards of fill. Erosion control measures have been applied through the Mitigated Determination of Nonsignificance. There are mature trees located on the property. The developer will be required to submit a detailed tree plan for Planning Department approval prior to development 3 Staff Report Lang #SU-96-25 on any lot or the issuance of a grade and fill permit. It is the goal of the Planning Department to preserve those trees which are reasonably outside of the area needed for road, utility, and house construction, and which do not pose a threat to people or property. Water There are no significant water features present on the site. C. Sian;ficant Social Features 1. Street System The subject property is located upon the East Hill of the City of Kent and takes its primary access from SE 244th Street. Southeast 244th Street is classified as a Residential Collector. The street has a public right of way width of 60 feet while the actual width of paving is 30 feet. The street is improved with lanes of asphalt paving and street lighting. A widening strip will be required to be deeded to the City along SE 248th Street. The average daily traffic count on the street is < 500 vehicle trips per day. 2. Water System Water service to the site will be provided by the City of Kent. Existing 8 and 16 inch water main lines are available to serve the property. 3, SanitM Sewer System. Sanitary sewer service will be provided by the City of Kent. An existing 8 inch sanitary sewer is available to serve the property. 4. Stormwater System A stormwater system meeting City of Kent Construction Standards is necessary to accommodate new development. The Public Works Department has reviewed a preliminary drainage plan and has commented that it appears it will work and that the proposed drainage tract is large enough to contain the required detention volume and stormwater treatment facilities. Approved detailed drainage plans will be required prior to recording the subdivision. 4 Staff Report «- Lang #SU-96-25 Based upon the information provided by the applicant, and/or review of the City of Kent Wetland Inventory Maps, it does not appear that a wetland delineation report will be required for this site. However, the Public Works Department reserves the right to require a wetland delineation report if an on site visit indicates the probable presence of wetlands. 5. LIDs No Local Improvement Districts exist at this time. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Chief of Staff City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Building Official City Clerk Kent School District King County Parks, Planning & Resource Department US West Communications Puget Sound Power and Light Seattle-King County Health Department Washington Natural Gas Washington Department of Transportation Postmaster In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. IV. PLANNING DEPARTMENT REVIEW A. COMPREHENSIVE PLAN In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which represented a complete revision to the City's 1977 comprehensive plan. The 1995 plan was prepared under the provisions of the Washington State Growth 5 Staff Report Lang #SU-96-25 Management Act. The Comprehensive Plan,through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community,and other public agencies. The plan is used by the Mayor, City Council. Land Use and Planning Board, Hearing Examiner, and City departments to guide decisions on amendments to the City's zoning code and other development regulations, which must be consistent with the plan, and also guide decisions regarding the funding and location of capital improvement projects. The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area. KENT COMPRF.HF.NSIVE PLAN The City of Kent Comprehensive Plan is made up of eleven elements which contain written goals and policies as well as a land use map. The Kent Comprehensive Plan Land Use Map designates the project site as SF 6, Single Family Residential, with a six units per acre maximum density. LAND USE ELEMENT The land use element outlines the proposed general distribution and location of various uses of land within the planning area. The land use element is designed to guide where and when development happens, as well as the character of Kent's development pattern. Goal LU-1: Designatd an urban growth area and Potential Annexation Area which will define the City's planning area and projected city limits for the next 20 years. Policy LU-1.1: Provide enough land in the City's urban growth area to accommodate the level of household growth projected to occur in the next 20 years. Goal LU-8: The City of Kent adopts a 20 year housing target of 7,500 new dwelling units within the existing city limits. Coordinate with King County through an interlocal agreement on housing targets in the unincorporated area within KenVs Potential Annexation Area. 6 Staff Report Lang #SU-96-25 Policy LU-8.1: Provide in the land use plan adequate land and densities to accommodate both city and county targets within the Potential Annexation Area. Average net residential densities throughout the Potential Annexation Area should be at least four units per acre in order to adequately support urban services. Planning Department Comment: This proposed subdivision supports several of the goals and policies in the land use element. The development of vacant properties inside the urban growth boundary prevents further urban sprawl in rural areas. In addition, infill development provides a much more efficient means of providing services and enhancing pedestrian opportunities. The net density of this project is approximately 4.51 units per acre which is above the minimum of four which is necessary to adequately support urban services. One of the overall themes of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family land to multifamily. Development of single family subdivisions on vacant single family land is supportive of this theme. HOUSING ELEMENT OVERALL GOAL: ENSURE OPPORTUNITIES FOR AFFORDABLE HOUSING AND AN APPROPRIATE LIVING ENVIRONMENT FOR KENT CITIZENS. Goal H-1: Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation, and by being sensitive to the environmental impacts of development. Policy H-1.2: Guide new residential development into areas where community and human services and facilities are available, and in a manner which is compatible with the land use element. Policy H-1.7: Continue to utilize regulatory measures to control impacts of residential development on the environment and on water quality. Review these regulations periodically to assess their 7 Staff Report Lang #SU-96-25 overall effectiveness and their impact on housing cost and supply. Planning Department Comment This proposed subdivision supports relevant goals and policies of the housing element. The proposed location is easily and well served by existing human services and facilities. The potential impacts of this project have been reviewed under the State Environmental Policy Act, and its impacts have been mitigated for through a conditional Determination of Nonsignificance. These impacts include. but are not limited to,water quality and traffic. The requirements for stormwater management will protect the water quality in the area. As mentioned elsewhere in this report. the proposed development is consistent with the land use element including the Land Use Plan Map. TRANSPORTATION ELEMENT OVERALL GOAL: PROVIDE FOR A BALANCED MULTIMODAL TRANSPORTATION SYSTEM WHICH WILL SUPPORT LAND USE PATTERNS AND ADEQUATELY SERVE EXISTING AND FUTURE RESIDENTIAL AND EMPLOYMENT GROWTH WITHIN THE POTENTIAL ANNEXATION AREA. Goal -1: ' Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policy TR-1.2: Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways. Policy TR-1.3: Fund development of the roads necessary for a complete arterial system serving all travel needs in the planning area (inside and outside the City) through fair share payments by new residential, commercial, and industrial development. Planning Department Comment: Under the Growth Management Act,the City must be able to provide the necessary infrastructure to support new development at the time it is completed. There are 8 Staff Report » Lang #SU-96-25 existing sewer and water facilities available to serve the site, and the applicant will be required to build a residential street to provide access. This will be a dedicated public right of way which is integrated into the existing City road network. The City currently has several future corridor projects which are designed to provide better access between Kent's east hill, valley floor, and west hill areas. In addition, these corridors will help slow additional congestion on existing east-west arterials. Through the SEPA process,the applicant will be required to provide a traffic impact study to identify traffic impacts upon the City of Kent road network and traffic signal system caused by the proposed development,or execute an environmental mitigation agreement to financially participate and pay a fair share of the cost associated with the construction of the South 272nd/277th Street Corridor project. The Public Works Department estimates that the proposed development will add an additional 34 PM peak hour trips. ECONOMIC DEVELOPMENT ELEMENT Goal ED-2: Maintain a strong policy toward balanced community development. ». Policy ED-2.1: Encourage home ownership to foster stakeholders in the community. Policy ED-2.3: Encourage new housing development to locate closer to existing public services. Planning Department Comment The proposed preliminary plat will provide thirty-four additional single family home ownership opportunities in the City of Kent. This can help foster a sense of community as well as increase neighborhood stability. Locating new development near existing community services drastically reduces the amount of money necessary to provide those services, and therefore funds can be directed towards other projects. B. STANDARDS FOR QRAN' ING A SUBDIVISION The purpose of the City of Kent Subdivision Code is to provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, insuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and 9 Staff Report Lang _ #SU-96-25 proper use of land shall be insured; that proper provisions for all public facilities (including circulation,utilities,and services)shall be made;that maximum advantage of site characteristics shall be taken into consideration; that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be insured. Planning Department Comment The proposed plat is in conformance with the regulations of the Subdivision Code. This application proposes a development which is better than the previously reviewed Hoffman short plat and Lang tentative plat which were proposed on or near this site. By acquiring more land, the developer is now able to provide a development which can be configured in an orderly manner which compliments the existing residential neighborhood. Conditions applied to this project through this report and the mitigated determination of nonsignificance will ensure that the project is in conformance will city codes and the comprehensive plan. C. FEASIBILITY OF DEVELOPMENT ON PROPOSED LOTS Development on all lots in the proposed subdivision will be subject to Zoning Code requirements for development in the SR 6, Single Family Residential zoning district. Planning Department Comment All proposed lots meet minimum lot size and width requirements. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must front upon a public street or road or have access from an approved access tract. The size,shape,and orientation of lot shall meet the minimum area and width requirements of the SR district and shall be appropriate for the development of single family residences. Corner lots may be required to be platted with additional width to allow for the additional side yard requirements. Lots which are bordered by two (2) streets shall be permitted access to only (1) of those streets. All lot comers at intersections of dedicated public rights of way shall have a minimum radii of fifteen(15) feet. D. PROPOSED FINDINGS_ The Planning Department has reviewed this application in relation to the Comprehensive Plan, proposed zoning, land use, street system, flood control problems and comments from other departments and finds that: 10 Staff Report .... Lang #SU-96-25 1. The Kent Comprehensive Plan Land Use Map designates the site SF-6, Single Family Residential, six units per acre maximum density. 2. The site is currently zoned SR-6, Single Family Residential with a 5.700 square foot minimum lot size. 3. Land uses in the immediate area are single family residential. 4. A Tentative Plat meeting was held for the proposed subdivision on August 23, 1996 (#TSU-96-25). 5. A Mitigated Determination of Nonsignificance was issued for the plat on April 3, 1997 (#ENV-97-15). 6. There are significant trees of six inch or greater caliper located on the property. 7. The site has access to SE 244th Street. 8. The subject property would receive sewer and water service from the City of Kent. V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary subdivision, staff recommends APPROVAL of the proposed Lang subdivision with the following conditions: I. CONDITIONS OF APPROVAL: A. The subdivider shall comply with all applicable conditions of the Mitigated Determination ofNonsignificance for the LANG Subdivision(#ENV-97-15). II. PRIOR TO RECORDATION OF THE SUBDIVISION: A. The subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following. 1. A gravity sanitary sewer system to serve all lots within the subdivision. Any septic systems serving the existing homes within 11 Staff Report Lang #SU-96-25 the proposed plat shall be abandoned in accordance with King County Health Department Regulations. 2. A water system meeting domestic and fire flow requirements for all lots. A water main line extension is required within the new public road. ;. A stormwater drainage system meeting the applicable standards for conveyance. detention and water quality treatment. The minimum detention and release standards to be met for this project shall be that for City of Kent HILL standards. a. The owner/subdivider shall construct an on-site detention/retention pond system-in accordance with the Kent Construction Standards to mitigate for potential impacts to stormwater runoff quantity. The detention/retention storage volume and release criteria shall be that for the HILLS; the pre-development condition shall be assumed to be forest/grass unless otherwise determined by the Director. b. An infiltration pond retention system is the preferred alternative for mitigation of stormwater impacts because: it is the only alternative that can reduce both volume and peak runoff rates; it also mitigates for groundwater recharge impacts resulting from additional impervious surfaces; and this alternative shall be required unless proven unfeasible by the owner/subdivider's design engineer in the submittal for the Preliminary/Detailed Drainage Plan. C. Roof downspouts for each house and garage shall be directed to Roof Downspout Infiltration Trenches meeting the requirements of the Department of Public works including overflow pipes connected to an approved conveyance system. The Detailed Drainage Plans will include an approved detail for the Roof Downspout Infiltration Trenches, and will provide private stormwater stubouts to each lot for future connection to the Roof Downspout Infiltration Trenches. The face of the final plat shall contain the following restriction: 12 Staff Report Lang #SU-96-25 AS A CONDITION OF BUILDING PERMIT ISSUANCE. RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS. d. The required downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the point of discharge from the site downstream a distance of at least one quarter mile or to the point where stormwater discharges to Mill Creek, whichever is further. This downstream analysis will clearly identify the existing and future capacity of each link in the drainage system for the appropriate downstream reach if a 100 percent infiltration retention facility is not used. Should downstream capacity be insufficient to convey the 25-year, 24-hour peak flow rate, the owner/subdivider shall either provide necessary off-site improvements to convey the 25-year, 24-hour design peak flow (and easements where necessary), OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded. In addition, the owner/subdivider's design engineer shall identify all downstream reaches which can not convey the 100-year, 24- hour design storm without overtopping or pressure flows. Similarly, should an erosion problem be exacerbated by the proposed release conditions, then the owner/subdivider will have to further restrict the release of stormwater from this development, or to provide suitable off-site mitigation. e. The owner/subdivider shall submit a Landscape Plan for within and surrounding the retention/detention facility to the Kent Planning Department and the Department of Public Works for review and approval prior to approval of the Detailed Drainage Plans. 4. An open-to-the-air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration 13 Staff Report Lang #SU-96-25 after pretreatment;biofiltration swales;wet ponds:extended detention ponds;and created wetlands. Alternatives and experimental treatment facilities will be evaluated on a case-by-case basis by the Department of Public Works. a. The stormwater treatment system shall be within the approved retention/detention facility tract. b. Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. 5. Construct the plat street to City Standards for a Residential Street. including a 32-foot wide paved roadway; concrete curbs and gutters; five [ 5 ]-foot wide concrete sidewalks on both sides of the street. a City-owned street lighting system; storm drainage facilities; street channelization and signing; utilities and appurtenances, and 35-foot radius curb returns at the intersections of the plat street and Southeast 244th Street. 6. A half-street widening/improvement of both Southeast 248th Street and Southeast 244th Street across the entire subdivision frontage plus the required off-frontage improvements along the southerly side of Southeast 244th Street(at the 'Not A Part'parcel at the northeasterly corner of the subdivision) and the northerly side of Southeast 248th Street, between this plat and the plat of Canterwood. These improvements shall also include storm drainage facilities; a City-owned street lighting system; street channelization and roadway signage (including "No Parking"signs across the entire subdivision frontage on both Southeast 244th Street and Southeast 248th Street); utilities and utility relocations; and appurtenances. As required by City Standards, practices and policies, and to ensure an adequate lifespan to the improved section of Southeast 244th Street and Southeast 248th Street, the following criteria will be applied to the street improvements: a. If it is determined through a City-approved pavement analysis and design prepared by the developer's engineer that all or any portions of the existing Southeast. 248th Street and Southeast 244th Street pavement and subgrade are structurally 14 Staff Report Lang #SU-96-25 sound, and may remain in place as part of the required widening, then the following measures shall be taken as a minimum to insure proper construction of the roadway in accordance with the City's pavement design standards. The edge of the existing pavement shall be saw-cut at least one (1) foot inside the edge of paving. After the sawcut, and removal of the pavement, a minimum four(4)-foot wide section of the remaining pavement -- or as required to provide a consistent 2% crown from new gutter flow line to centerline, and a structurally adequate travelled--way -- adjoining the cut shall be milled ground-down at least 1.5 inches. After placement of the new structural section, the joint between the new pavement and saw-cut line shall be sealed. Finally, these owner/subdivider shall be responsible for a minimum 1.5 inch deep(after the pre-level course) asphaltic concrete overlay o the entire length of the roadway pavement through the widened area, as necessary, to provide a 2%crown across the pavement; and, as necessary to meet City Standards for roadway pavement section as follows: i. Southeast 248th Street--Residential Collector Arterial ii. Southeast 244th Street-- Residential Collector Street b. At the discretion of the Director of Public Works, and depending upon the condition of the existing roadway paving . (e.g. wheel-track rutting, substandard crown, pavement/sub- base distress as demonstrated by alligatoring or longitudinal cracking) the developer may be required to remove and replace/overlay additional sections of the paving to provide a improved roadway through the section of roadway impacted by project-generated traffic. The Director may require a comprehensive reconstruction (rather than 'spot' reconstructions) of the paving if determined to be required to ensure roadway paving longevity. C. The improvements shall include a relocation of the existing street lighting and/or traffic signalization system, all catch basins and storm drainage facilities/structures, as well as the �.y 15 Staff Report Lang #SU-96-25 application/re-application of thermoplastic street channelization. d. These improvements will include a minimum five (5)-foot wide concrete sidewalk along the southerly side of Southeast 244th Street and a 10-foot wide sidewalk/bicycle-way along the northerly side of Southeast 248th Street. e. These improvements shall also include sufficient pavement to provide/maintain•a 12-foot wide eastbound through lane on the southerly side of Southeast 248th Street across the entire frontage of the subdivision; necessary pavement transitions to the existing portions of Southeast 248th Street and Southeast 244th Street to the west and east of the project. and the required off-frontage improvements . 7. Paved 10-foot wide pedestrian access walkways within Tracts 'B'. 'C' and 'D' to provide non-motorized access to/through the adjoining "Kay" and "Canterwood" subdivisions. The access tract walkways shall be provided with fencing on both sides of the walkway and - suitable night-time illumination. 8. A Detailed Grading Plan for the entire subdivision which includes provisions for utilities, roadways, retention/detention ponds, stormwater treatment facilities, and a building footpad for each lot. These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits:phasing of grading on a lot-try-lot basis is not recommended. 9. . A Temporary Erosion/Sedimentation Plan for the entire subdivision which reflects the Detailed Grading Plan discussed above. 10. A Tree Plan detailing clearing limits,trees to be removed,caliper and type. All trees of six inch or greater caliper must be shown on the tree plan. No grading plans or construction of utilities will be allowed prior to Planning Department approval of a tree plan. C. The owner/subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section I and II, above, and provide all public and 16 Staff Report .� Lang #SU-96-25 private easements necessary for the construction, operation, and maintenance of the required improvements identified in Section II, above. 1. Unless otherwise provided for in a previous deed,the subdivider shall quit-claim deed and/or dedicate sufficient right-of-way, across the entire property frontage, for the construction of the following: a. Southeast 248th Street, to City Standards for a Residential Collector Arterial street, augmented with bicycle lanes. with a minimum half-street right-of-way width of 33 feet. b. Southeast 244th Street,to City Standards for a Residential Collector street with a minimum half-street right-of-way width of 30 feet. C. The plat street, to City Standards for a Residential street, minimum right-of-way 49 feet, and 35-foot radius curb returns at the intersection of the plat street at Southeast 244th Street. At the southerly end of the plat street, this shall include a minimum 51.5- foot radius in the cul-de-sac turnaround. These deeds of right-of-way shall be provided based upon a survey to be performed by a licensed land surveyor of the subject property, Southeast 248th Street and Southeast 244th Street, and adjacent affected properties, and shall clearly delineate the existing public right-of-way, property lines, curb lines, paving limits, and other public and private improvements. 2. The owner/subdivider shall grant a 15-foot wide pedestrian access tracts "B", "C", and "D" at the locations indicated upon the plat map, from the plat street to the easterly subdivision boundary. D. The developer or applicant shall dedicate five(5)percent of the total property being developed as open space or pay a voluntary fee-in-lieu of dedication as set forth in Ordinance No. 2975. III. Porno TO.OR IN CONJUNCTION WITH THE ISSUANCE F. OF A BUILDING PERMIT ON ANY LOT_ I`: THE L ANG SUBDIVISION. THE OWNER/ SUBDIVIDER SHALL: A. Construct all improvements required in Sections I & II, above. 17 Staff Report Lang #SU-96-25 B. The owner/subdivider shall submit detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the City Construction Standards to the Department of Public Works for review and approval prior to any on-site work. C. As-built drainage plans for the entire site shall be prepared by a certified land surveyor and submitted to the City prior to issuance of building permits. D. The owner/subdivider shall submit a detailed tree plan to the Kent Planning AND Department of Public Works for concurrent review and approval prior to the approval of the Grading Permit and prior to issuance of any other construction permits. KENT PLANNING DEPARTMENT June 20, 1997 U:\CHRIS\SU9625.RPT 18 City of Kent- Planning Department w .� tY t 1 y , . . 1 l I � y 1 I� 3 A APPLICATION NAME: Lang NUMBER: #SU-96-25 DATE: July 2, 1997 .EQUEST: Preliminary Plat A Application site Site Plan 7e ■ y v&1 I I .•n WZ,A�� i s l...•S �1, 4 95A d I� , � J oilX was 1 I p • City of Kent - Planning Department m SE 2 ¢ o m E I :SE > 239 ST K a I 239 0 CT FL �I S zui sr it II S J 242 ST LI W I I 242 CTv 1= -�I^ Y S 243 5T ST SE 244 ST N I,_SE a III S 246 9T r-----il^-�,. ¢ ST Il— ¢ 9s Z" r O J y � � m 0 N 3 242 ST SE 253 FL m 9y > O c f� APPLICATION NAME: Lang NUMBER: #SU-96-25 DATE: July 2, 1997 "EQUEST: Preliminary Plat LEGEND A Application site N Vicinity Map Railroad tracks City limits City of Kent - Planning Department I ;r i ., ,l . KAI III _ r J • 4 iia " I APPLICATION NAME: Lang NUMBER: #SU-96-25 DATE: July 2, 1997 REQUEST: Preliminary Plat LEGEND A Application site Site Plan CITY Of 11V Jim White, Mayor Planning Department (253) 859-33901FAX(253) 850-2544 James P. Harris, Planning Director OFFICE OF THE LAND USE HEARING EXAMINER (253) 859-3390 Theodore P. Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: LANG #SU-96-25 APPLICANT: Lang Construction & Associates REQUEST: A request to subdivide approximately 8.2 acres into 37 single family residential lots. LOCATION: The subject property is located at 10104 and 10116 SE 248th Street. APPLICATION FILED: May 5, 1997 -- DETERMINATION OF NONSIGNIFICANCE ISSUED: April 3, 1997 MEETING DATE: July 2, 1997 RECOMMENDATION ISSUED: July 16, 1997 RECOMMENDATION: The Hearings Examiner recommends that this preliminary plat application be APPROVED subject to conditions. STAFF REPRESENTATIVE: Matthews Jackson, Planning Department Gary Gill, Public Works Department Kristen Langley, Public Works Department PUBLIC TESTIMONY: James Jaeger for applicant Others Kenneth Jones Tim Gorman 220 4th AVE.SO.. /KENT.WASHINGTON 98032-5895/220 4th AVE. WASHINGTON 98032-5895/TELEPHONE(206M59-3300/FAX k 859-3334-3300/FAX k 859-3334 Haearing Examiner Findings Lang Subdivision #SU-96-25 EXHIBITS: 1. Hearing Examiner file containing: IA. Staff report with recommendation 113. Application IC. Public Notice 1D. Mitigated Determination ofNonsignificance and checklist INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above,and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearings Examiner at a time prior to the public hearing, the following Findings, Conclusions and Recommendation on this application are entered by the Hearings Examiner FINDINGS 1. - The owner of the property proposed for subdivision is Lang Construction& Associates of Federal Way, Washington. Exhibit 1, Application. The applicant was represented at the public hearing by James Jaeger, engineer. Exhibit 1, Staff Report. 2. The property proposed for subdivision is located at 10104 and 10116 SE 248th Street between SE 244th Street and SE 248th Street. Exhibit 1, Staff Report. 3. The property is 8.2 acres. The applicant proposes 37 single-family lots with the smallest lot of 5,700 square feet.Approval of this application will produce 34 new building lots. Three existing houses located on the property are to remain. The applicant submitted a site plan dated April 16, 1997,that shows all lots in conformance with minimum lot size requirements. Exhibit 1, Site Plan. 4. The property is zoned SR-6 with a 5,700 square foot minimum lot size. The Comprehensive Plan Land Use Map designates the property as SF-6, Single Family Residential with 6.05 dwelling units per acre. Exhibit 1, Staff Report. 5. Land use all around the property proposed for subdivision is single family residential. Zoning in the vicinity includes minimum densities of 4.5, 6, 8, and 0 units per acre. Several subdivisions have been developed in the area in recent years. In addition, three tentative subdivisions are being considered for development near the property proposed for subdivision. Three existing houses located on the property are to remain under the proposed plan. Exhibit 1, Staff Report. Testimony of Mr. Jackson. 2 .._ Haearing Examiner Findings Lang Subdivision #SU-96-25 6. Testimony by a citizen living in the area regarded the possibility of a surveying error in the placement of the proposed property line. The applicant will investigate the boundary line location and will alter it if a mistake is found. A concern about a possible pedestrian walkway reducing privacy was also raised. The applicant,in response, will erect a fence along any walkway that might be constructed. Testimonies of Mr. Jones and Mr. Jaeger. 7. Neighbors of the proposed subdivision expressed concern regarding the possibility of increased stormwater runoff into their yards as a result of the subdivision. The applicant responded that the subdivision would lessen the amount of surface water drainage that presently flows onto the neighbor's properties, diverting stormwater into catch basins in the rear yards of the new homes and into a ravine across 248th Street. Testimonies of Mr. Gorman, Mr. Jones, and Mr. Jaeger. 8. A neighbor expressed concern about the potential for a loss of property value to his property as a result of the lower property values of the proposed subdivision, and an increase in density from a zoning change that occurred a few years previously. The City responded that the density remained the same. Only the classification term used to signify the zone was revised from R17.2 to 517. Testimonies of Mr. Gorman and Mr. Jackson. 9. At the hearing,the Planning Department recommended approval of this application subject to specific conditions. The applicant accepted the conditions as written. Exhibit 1, Staff Report; Testimony of Mr. Jaeger. 10. There are significant trees of six inch or greater caliper located on the property. The developer will be required to submit a detailed tree plan for City approval prior to development on any lot or the issuance of a grade and fill permit. The environmental review for this application resulted in a conclusion by the City's Responsible Official that the project has no probable significant adverse impacts on the environment that cannot be mitigated. A final Mitigated Determination of Nonsignificance (MDNS)was issued for the proposed subdivision on April 3, 1997 pursuant to the State Environmental Policy Act. It was not appealed by the applicant or any citizen. The 14 conditions of mitigation address several areas of environmental concern including traffic impacts, stormwater detention facilities that include some treatment, and mitigation of drainage impacts to the water quality of Mill Creek. Exhibit 1, Staff Report, MDNS. 11. Public notice of this application was given by posting, publication, and mailing. Exhibit 1, Affidavits of Harris and Holden. - 3 Haearing Examiner Findings Lang Subdivision 9SU-96-25 12. Construction of a residential road to City of Kent standards will be required to serve this plat. The site will be accessed off SE 244th Street.(a Residential Collector street), which carries less than 500 vehicle trips per day. Traffic impacts from the proposed development will be approximately 34 new PM Peak Hour trips per day. Exhibit 1, Staff Report, MDNS. This increase in number of vehicles will contribute to the congestion of surrounding streets if no improvements are made to those streets. Improvements should include street widening, lighting, drainage and walkways. A bicycle lane is also important to help reduce the number of motor vehicles associated with development of the subject property. The applicant has agreed to mitigate traffic impacts associated with the proposed development. Exhibit 1, MDNS. 13. The City of Kent water system and sanitary sewer system can be extended to each lot. Stormwater mitigation measures were applied as conditions to the issuance of the Mitigated Determination of Nonsignificance. These mitigation measures have been agreed to by the applicant and will address stormwater quantity and quality issues. Exhibit 1, MDNS. C'ONCL.USIONS 1. The Hearings Examiner has jurisdiction to hold an open record predecision hearing on this application; to consider all evidence presented at the hearing; and, based on that evidence, to present a recommendation to the City Council to approve, disapprove or approve with conditions the preliminary plat application. KCC 12.04.360, KCC 2.32.090. 2. Notice of the public hearing on this application was properly given in accordance with applicable state statutes and city ordinances including Chapter 58.17 RCW and KCC 12.04.360. Finding of Fact No. 11. 3. The recommendation of the Hearings Examiner must be supported by the evidence presented, as stated in the Findings of Factof this recommendation, and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code(KCC)and Chapter 58.17 of the Revised Code of Washington(RCW). These review criteria include: (a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations is to: provide rules, regulations,requirements, and standards for subdividing land in the City of Kent,ensuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be 4 Haearing Examiner Findings Lang Subdivision #SU-96-25 ensured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; and that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plans shall be ensured. (b) KCC 12.04,330 which specifies eight requirements that must be shown on the preliminary plat map including appropriate names and dates, proposed platted property lines, contours and elevations,proposed public service areas, square footage calculations for developed and open space, dimensions of each lot, statements of soil type and drainage conditions,a description of existing land cover, and a description of wildlife present. (c) KCC 12.04.370 which requires a written statement from the Seattle-King County Health Department as to the general adequacy of the proposed means of sewage disposal and water supply. (d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental amenities so that urban development may be as compatible as possible with the ecological balance of the area including preservation of drainage patterns,protection of ground water supply,prevention of erosion and preservation of trees and natural vegetation. (e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper drainage plan and a proper water distribution system. (f) KCC 12.04.450 which requires due consideration to the allocation of public service usage areas and due regard for all natural features including large trees, water courses,historical spots and other community assets that would add attractiveness and value to the property. (g) KCC 12.04.490 which provides for mitigation of any adverse effects of development upon the existing park and recreational facilities in the City of Kent. (h) RCW 58.17.110 which requires an inquiry into the public use and interest proposed to be served by the subdivision and a determination that appropriate provisions are made for public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school." -- 5 Haearing Examiner Findings r Lang Subdivision #SU-96-25 5. Based on the Findings of Fact specified above, and with the specific conditions recommended below,the Examiner concludes that this preliminary plat application is consistent with the standards and criteria of applicable State statutes and City ordinances and should be approved. Findings of Fact No. 3, 4, 5, 9, 10, 12, & 13. RECOMMENDATION The Hearings Examiner recommends that this preliminary plat application be APPROVED subject to the following conditions: I. CONDITIONS OF APPROVAL: A. The subdivider shall comply with all applicable conditions of the Mitigated Determination ofNonsignificance for the LANG Subdivision(#ENV-97-15). II. PRIOR TO RECORDATION OF THE SUBDIVISION: A. The subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following. 1. A gravity sanitary sewer system to serve all lots within the subdivision. Any septic systems serving the existing homes within the proposed plat shall be abandoned in accordance with King County Health Department Regulations. 2. A water system meeting domestic and fire flow requirements for all lots. A water main line extension is required within the new public road. 3. A stormwater drainage system meeting the applicable standards for conveyance,detention and water quality treatment. The minimum detention and release standards to be met for this project shall be that for City of Kent HILL standards. , a. The owner/subdivider shall construct an on-site detention/retention pond system in accordance with the Kent Construction Standards to mitigate for potential impacts to stormwater runoff quantity. The detention/retention storage Haearing Examiner Findings Lang Subdivision #SU-96-25 volume and release criteria shall be that for the HILLS, the pre-development condition shall be assumed to be forest/grass unless otherwise determined by the Director. b. An infiltration pond retention system is the preferred alternative for mitigation of stormwater impacts because: it is the only alternative that can reduce both volume and peak runoff rates; it also mitigates for groundwater recharge impacts resulting from additional impervious surfaces; and this alternative shall be required unless proven unfeasible by the owner/subdivider's design engineer in the submittal for the Preliminary/Detailed Drainage Plan. C. Roof downspouts for each house and garage shall be directed to Roof Downspout Infiltration Trenches meeting the requirements of the Department of Public works including overflow pipes connected to an approved conveyance system. The Detailed Drainage Plans will include an approved detail for the Roof Downspout Infiltration Trenches, and will provide private stormwater stubouts to each lot for future connection to the Roof Downspout Infiltration Trenches. The face of the final plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS. a d. The required downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the point of discharge from the site downstream a distance of at least one quarter mile or to the point where stormwater discharges to Mill Creek, whichever is further. This downstream analysis will clearly identify the existing and future capacity of each link in the drainage system for the appropriate downstream reach if a 100 percent infiltration Haearing Examiner Findings Lang Subdivision #SU-96-25 retention facility is not used. Should downstream capacity be insufficient to convey the 25-year, 24-hour peak flow rate,the owner/subdivider shall either provide necessary off-site improvements to convey the 25-year, 24-hour design peak flow (and easements where necessary), OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded. In addition, the owner/subdivider's design engineer shall identify all downstream reaches which can not convey the 100-year, 24- hour design storm without overtopping or pressure flows. Similarly, should an erosion problem be exacerbated by the proposed release conditions, then the owner/subdivider will have to further restrict the release of stormwater from this development, or to provide suitable off-site mitigation. e. The owner/subdivider shall submit a Landscape Plan for within and surrounding the retention/detention facility to the Kent Planning Department and the Department of Public Works for review and approval prior to approval of the _Detailed Drainage Plans. 4. An open-to-the-air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment;biofiltration swales;wet ponds;extended detention ponds;and created wetlands.Alternatives and experimental treatment facilities will be evaluated on a case-by-case basis by the Department of Public Works. a. The stormwater treatment system shall be within the approved retention/detention facility tract. b. Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. 8 Haearing Examiner Findings .- Lang Subdivision #SU-96-25 5. Construct the plat street to City Standards for a Residential Street, including a 32-foot wide paved roadway; concrete curbs and gutters; five [ 5 ]-foot wide concrete sidewalks on both sides of the street; a City-owned street lighting system; storm drainage facilities; street channelization and signing; utilities and appurtenances, and 35-foot radius curb returns at the intersections of the plat street and Southeast 244th Street. 6. A half-street widening/improvement of both Southeast 248th Street and Southeast 244th Street across the entire subdivision frontage plus the required off-frontage improvements along the southerly side of Southeast 244th Street(at the 'Not A Part'parcel at the northeasterly corner of the subdivision) and the northerly side of Southeast 248th Street, between this plat and the plat of Canterwood. These improvements shall also include storm drainage facilities; a City-owned street lighting system; street channelization and roadway signage(including "No Parking"signs across the entire subdivision frontage on both Southeast 244th Street and Southeast 248th Street); utilities and utility relocations; and appurtenances. As required by City Standards, practices and policies, and to ensure an adequate lifespan to the improved section of Southeast 244th Street and Southeast 248th Street, the following criteria will be applied to the street improvements: a. If it is determined through a City-approved pavement analysis and design prepared by the developer's engineer that all or any portions of the existing Southeast 248th Street and Southeast 244th Street pavement and subgrade are structurally sound, and may remain in place as part of the required widening, then the following measures shall be taken as a minimum to insure proper construction of the roadway in accordance with the City's pavement design standards. The edge of the existing pavement shall be saw-cut at least one(1) foot inside the edge of paving. After the sawcut, and removal of the pavement,a minimum four(4)-foot wide section of the remaining pavement -- or as required to provide a consistent 9 Haearing Examiner Findings Lang Subdivision 4SU-96-25 2% crown from new gutter flow line to centerline, and a structurally adequate travelled-way -- adjoining the cut shall be milled ground-down at least 1.5 inches. After placement of the new structural section, the joint between the new pavement and saw-cut line shall be sealed. Finally, these owner/subdivider shall be responsible for a minimum 1.5 inch deep (after the pre-level course)asphaltic concrete overlay of the entire length Qf the roadwav pavement through the widened area,as necessary,to provide a 2%crown across the pavement; and, as necessary to meet City Standards for roadway pavement section as follows: i. Southeast 248th Street--Residential Collector Arterial ii. Southeast 244th Street --Residential Collector Street b. At the discretion of the Director of Public Works, and depending upon the condition of the existing roadway paving (e.g. wheel-track rutting, substandard crown, pavement/sub- base distress as demonstrated by alligatoring or longitudinal cracking) the developer may be required to remove and replace/overlay additional sections of the paving to provide a improved roadway through the section of roadway impacted by project-generated traffic. The Director may require a comprehensive reconstruction (rather than 'spot' reconstructions) of the paving if determined to be required to ensure roadway paving longevity. C. The improvements shall include a relocation of the existing street lighting and/or traffic signalization system, all catch basins and storm drainage facilities/structures, as well as the application/re-application of thermoplastic street channelization. d. These improvements will include a minimum five (5)-foot wide concrete sidewalk along the southerly side of Southeast 244th Street and a 10-foot wide sidewalk/bicycle-way along 10 Haearing Examiner Findings Lang Subdivision #SU-96-25 the northerly side of Southeast 248th Street. e. These improvements shall also include sufficient pavement to provide/maintain a 12-foot wide eastbound through lane on the southerly side of Southeast 248th Street across the entire frontage of the subdivision;necessary pavement transitions to the existing portions of Southeast 248th Street and Southeast 244th Street to the west and east of the project; and the required off-frontage improvements . 7. Paved 1 Moot wide pedestrian access walkways within Tracts 'B', 'C' and 'D' to provide non-motorized access to/through the adjoining "Kay" and "Canterwood" subdivisions. The access tract walkways shall be provided with fencing on both sides of the walkway and suitable night-time illumination. 8. A Detailed Grading Plan for the entire subdivision which includes �- provisions for utilities, roadways, retention/detention ponds, stormwater treatment facilities, and a building footpad for each lot. These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits:phasing of grading on a lot-by-Lot basis is not recommended. 9. A Temporary Erosion/Sedimentation Plan for the entire subdivision which reflects the Detailed Grading Plan discussed above. 10. A Tree Plan detailing clearing limits,trees to be removed,caliper and type. All trees of six inch or greater caliper must be shown on the tree plan. No grading plans or construction of utilities will be allowed prior to Planning Department approval of a tree plan. C. The owner/subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section I and II, above, and provide all public and private easements necessary for the construction,operation, and maintenance of the required improvements identified in Section II, above. 1. Unless otherwise provided for in a previous deed,the subdivider shall •�°� 11 • Haearing Examiner Findings Lang Subdivision 9SU-96-25 quit-claim deed and/or dedicate sufficient right-of-way, across the entire property frontage, for the construction of the following: a. Southeast 248th Street, to City Standards for a Residential Collector Arterial street, augmented with bicycle lanes, with a minimum half-street right-of-way width of 33 feet. b. Southeast 244th Street,to City Standards for a Residential Collector street with a minimum half-street right-of-way width of 30 feet. C. The plat street, to City Standards for a Residential street, minimum right-of-way 49 feet, and 35-foot radius curb returns at the intersection of the plat street at Southeast 244th Street. At the southerly end of the plat street, this shall include a minimum 51.5- foot radius in the cul-de-sac turnaround. These deeds of right-of-way shall be provided based upon a survey to be performed by a licensed land surveyor of the subject property, Southeast 248th Street and Southeast 244th Street, and adjacent affected properties, and shall clearly delineate the existing public right-of-way, property lines, curb lines, paving limits, and other public and private improvements. 2. The owner/subdivider shall grant a 15-foot wide pedestrian access tracts "B", "C",and"D" at the locations indicated upon the plat map, from the plat street to the easterly subdivision boundary. D. The developer or applicant shall dedicate five(5)percent of the total property being developed as open space or pay a voluntary fee-in-lieu of dedication as set forth in Ordinance No. 2975. III. PRIOR TOd OR IN CONJUNCTION WITH THE ISSUANCE OF A BUILDING_ PERMIT ON ANY LOT IN THE LAN SUBDIVISION. THE_OWNER/ SUBDIVIDER SHALL: A. Construct all improvements required in Sections I & II, above. 12 Haearing Examiner Findings Lang Subdivision #SU-96-25 B. The owner/subdivider shall submit detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the City Construction Standards to the Department of Public Works for review and approval prior to any on-site work. C. As-built drainage plans for the entire site shall be prepared by a certified land surveyor and submitted to the City prior to issuance of building permits. D. The owner/subdivider shall submit a detailed tree plan to the Kent Planning AND Department of Public Works for concurrent review and approval prior to the approval of the Grading Permit and prior to issuance of any other construction permits. E. The subdivider shall undertake tree replacement pursuant to the code enforcement action. F. The subdivider shall provide fencing of pedestrian access to 248th Street over Tract A, if pedestrian access is provided. Dated this 16th day of July, 1997. THEODORE PAUL HUNTER Hearings Examiner for the City of Kent APPEALS FROM HEARINGS EXAMINER RECOMMENDATION ORDINANCE 3320 (excerpt): The action of the city council, approving, modifying, or rejecting a recommendation or decision of the Hearings Examiner, shall be final and conclusive, unless within twenty-one (21) calendar days of the city council action, an appeal is filed with the Superior Court. UAUSERS\DOC\COPY\SU9625.FIN 13 ............ . !N Kent City Council Meeting Date September 2 , 1997 Category Other Business 1. SUBJECT: BAYBERRY CREST SUBDIVISION SU-96-3 2 . SUMMARY STATEMENT: This date has been set to consider the Hearing Examiner' s recommendation for approval of an applica- tion by Projects Northwest for a 46-lot single-family residential preliminary subdivision No. SU-96-3 . The plat is 9.56 acres in size and is located at 13003 and 12923 SE 256th. 3 . EXHIBITS: Staff report, request for reconsideration, Findings and Recommendations, and preliminary plat map 4 . RECOMMENDED BY: Hearincr Examiner (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X", YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember mo es, Councilmember seconds to accept/reject/modify the Findings of the Hearing Examiner, and to adopt/reject/m ify the Hearing Examiner' s recommenda- tion of approval of a Bayberry Crest Preliminary Plat SU-96-3 . DISCUSSION• ACTION• Council Agenda Item No. 4C CITY OF Jim White, Mayor Planning Department (253) 859-3390/FAX(253) 850-254a James P. Harris, Planning Director KENT PLANNING DEPARTMENT (253) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF MAY 21, 1997 FILE NO: BAYBERRY CREST SUBDIVISION #SU-96-3 APPLICANT: Projects Northwest 600 108th Avenue NE 4343 Bellevue, Washington 98004 REOUEST: Preliminary Plat request to subdivide 9.56 acres into 46 single-family residential lots STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Manager STAFF RECOMMENDATION: APPROVAL with conditions I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to subdivide two tax parcels into 46 single family residential lots. The specific development application is for preliminary plat. B. Location The subject property is located between SE 256th and SE 258th Streets approximately 300-feet west of 132nd Avenue SE on Kent's East Hill. r .r 1 220 ith AVE SO, I KENT WASHINGTON 98032-5895/TELEPHONE Q06)859-;3(8)1 FAX M 859-3134 Staff Report Bayberry Crest #SU-96-3 C. Size of Property The proposed subdivision site is 9.56 acres in size. D. Zoning The subject property is zoned SR-6, Single Family Residential, with a maximum permitted density of 6.05 units per acre. The minimum lot size in the SR-6 zone is 5700 sq. ft.; the minimum size of lots proposed in Bayberry Crest is 5728 sq. ft. Properties in the vicinity of the proposed subdivision are also zoned SR-6. E. Land se Land use on properties to the east, south and north of the subject site is single family residential. Some of these properties have been subdivided while others are single family units on large lots (up to five acres). To the west of the subject site is the Church of Latter Day Saints. F. Site History The subject property was annexed into the City of Kent on January 1, 1996 as part of the Meridian annexation. City zoning was effective on the date of annexation. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A final Mitigated Determination of Nonsignificance (MDNS) for this preliminary plat was issued on March 29, 1996(Planning Department file#ENV-96-18). A copy of the MDNS will be part of the record for the preliminary plat. B. Significant Physical Features The site is characterized by gently rolling topography which generally falls from west to east at 5-8% slopes. The site consists of mostly open pasture land with grasses; a few large trees are located on the site near the two existing houses. 2 ._ Staff Report Bayberry Crest #SU-96-3 C. Sienificant Social Features 1. Street System The subject property has primary access from SE 256th Street and secondary access from 129th Avenue SE. SE 256th Street is classified as a Minor Arterial on the City's Master Plan of Roadways. Presently SE 256th St. is two lanes and is not improved to its design width. The current average daily traffic (ADT) along SE 256th Street at 132nd Avenue SE is approximately 10,900 vehicles. 129th Avenue SE is classified at as a Residential Street with a 32-foot wide roadway with two lanes. 2. Water System The site is served by public water system by Water District#111. 3. Sanitary Sewer System Sanitary sewer is provided by the Soos Creek Sewer District. 4. Stormwater System A stormwater system is required to accommodate new development. A preliminary drainage plan has been submitted to the City which has been found to be acceptable in concept, and the proposed drainage tract appears large enough to contain the required stormwater detention and treatment system. 5. Local Improvement Districts (LID's) None. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Director of Operations City Attorney Director of Public Works Chief of Police 3 Staff Report _ Bayberry Crest #SU-96-3 Parks & Recreation Director Fire Chief Building Official City Clerk Kent School District King County Parks, Planning & Resource Department Washington State Department of Transportation United States Post Office Seattle-King County Health Department U. S. West Communications Washington Natural Gas Company Puget Sound Power& Light Company In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. IV. PLANNING DEPARTMENT REVIEW A. COMPREHENSIVE PLAN The City of Kent has adopted a revised Comprehensive Plan pursuant to the Growth Management Act(Ordinance#3222 - April 18, 1995). The goals and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the potential annexation area. The . Comprehensive Plan is used by the Mayor, City Council, Land Use & Planning Board, Hearing Examiner and City departments to guide decision-making relative to development and capital facility spending. The City of Kent Comprehensive Plan is comprised of eleven elements which contain written goals and policies as well as a land use map. The proposed subdivision supports several goals and policies in the Land Use element, most notably goals LU-1 and LU-8, and policies LU 1.1 and LU 8.1. The proposed plat is located near existing urban services and infrastructure. The City supports the development of close-in vacant or underdeveloped properties which limits further urban sprawl on the edges of the planning area. In addition, in-fill development provides a more efficient means of providing services and enhancing pedestrian mobility. The overall density of the proposed Bayberry preliminary plat provides an 4 Staff Report _.- Bayberry Crest #SU-96-3 acceptable level of net density to support urban services. Also, one of the objectives of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family lands to multifamily residential. Development of single family subdivisions on underdeveloped, single family zoned land is consistent with this objective. B. STANDARDS FOR GRANTING SUBDIVISION APPROVAL The purpose of the City of Kent Subdivision Code is to provide rules, regulations, requirements,and standards for subdividing land in the City, insuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare and aesthetics of the City of Kent shall be promoted and protected, that orderly growth, development, and the conservation,protection and proper use of land shall be insured; that proper provisions for all public facilities(including circulation, utilities,and services)shall be made; that maximum advantage of site characteristics shall be taken into consideration; and, that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be insured. C. FEASIBILITY OF DEVELOPMENT ON PROPOSED LOTS Development on all lots in the proposed Bayberry subdivision will be subject to Zoning Code requirements for development in the SR-6 zone. All proposed lots meet or exceed the minimum lot size requirements and, the proposed number of lots (46) is within the maximum permitted density (57). Lot 27 does not meet the minimum lot width requirement at the street and will need to be redesigned to conform to City standards. In addition, the plat is required to dedicate open space or park land or pay a fee in lieu of dedication, per KCC Section 12.04.490. No dedicated open space is indicated on the preliminary plat map. Several significant trees are located on the site near the existing dwellings. Zoning regulations encourage the retention of significant trees where roads, utilities, and site improvements are not proposed. Tree retention plans will be required for the plat and development of each lot where trees are located. 5 Staff Report Bayberry Crest #SU-96-3 V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary subdivision,staff recommends APPROVAL of the proposed Bayberry Crest preliminary plat subject to the following conditions: A. GENERAL CONDITIONS OF APPROVAL 1. The owner/subdivider shall implement all mitigation measures required in the mitigated Determination of Nonsignificance for the proposed Bayberry Crest preliminary subdivision, File #ENV-96-18. B. PRIOR TO RECORDATION OF THE FINAL PLAT 1. The owner/subdivider shall waive abutter's access rights across the entire subdivision frontage along Southeast 256th Street. Said access restriction shall be clearly shown on the face of the final subdivision map. Tract "A" may be exempted therefrom provided Tract "A" is dedicated to the City for drainage purposes. 2 The owner/subdivider shall dedicate sufficient right-of-way for the construction of Southeast 258th Street to City Standards for a Residential Street, minimum right-of-way of 49 feet. The owner/subdivider shall acquire from the property south of, and abutting the southeasterly corner of,the subdivision, and dedicate to the City of Kent sufficient right-of-way to construct an interim improvement for Southeast 258th Street. This roadway shall consist of a minimum 24-foot wide paved roadway across the entire frontage of Lot 14, concrete curbs, cutters and a five (5)-foot wide concrete sidewalk across the northerly side of Southeast 258th Street. If required by the Fire Marshal, this dedication shall include sufficient right-of-way to construct a paved turnaround meeting applicable City Standards. At the sole discretion of the Director of Public Works, the owner/subdivider shall acquire and an easement for these off-site improvements, in lieu of a 6 Staff Report Bayberry Crest #SU-96-3 right-of-way dedication. Further,in lieu of the above right-of-way dedication for easement acquisition,the owner/subdivider may reconfigure Lots 10. 14 and 20 so that access to Lot 14 would be via the cul-de-sac off of 130th Pl. 3. The owner/subdivider shall dedicate sufficient right-of--way for the construction of the plat streets: 129th Place Southeast, 130th Place Southeast. Southeast 256th Place and Southeast 257th Street, to City Standards for a Residential Street. The minimum right-of-way of each of these streets shall be 49 feet. At the southerly terminus of 130th Place Southeast, this dedication of right-of-way shall include a minimum 50.5 foot radius at property line to construct a cul-de-sac turnaround. This shall include a minimum 25-foot radius at the property line for all internal street intersections. 4. It is recommended that the owner/subdivider revise the access to, and configurations of, Lots 26 through 29 by means of the use a private access road meeting City Standards. This shall be in lieu of the current configuration of paired 'panhandle' lots and intervening, conventionally- configured lots. If so chosen,the owner/subdivider shall grant a 26-foot wide common access tract at a suitable location. 5. The radius of the reverse horizontal curve located near Lots 7 through 10 does not appear to meet the City Standards for a Residential Street. In order to maintain acceptable.sight distance standards through this area, the owner/ subdivider shall grant sight-distance easements across the southwesterly side of Lot 46 and the easterly side of Lots 8 and 9. This sight distance easement shall be based upon a 30 MPH design approach speed. Furthermore, access to Lot 46 shall be limited to the northwesterly comer of the lot along 129th Place Southeast. These sight distance easements shall be clearly shown upon the face of the final plat map, and the property side thereof identified upon the map as a Building Set-Back Line. Permanent survey monuments, of a type suitable to the Director of Public Works shall be set at the intersections of the sight distance easements with the public right of way fines for 129th Place Southeast and shall also be identified upon the face of the final subdivision map. -- 7 Staff Report Bavberry Crest _ #SU-96-3 6. The subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: a) A gravity sanitary sewer system to serve all lots. Sanitary Sewer service to the subject property would be provided by the Soos Creek Water and Sewer District. Contact that district for details on necessary improvements. The septic systems serving the existing homes within the proposed plat shall be abandoned in accordance with King County Health Department Regulations. b) A water system meeting domestic and fire flow requirements to serve all lots. Water service to the subject property will be provided by Water District No. 111. Contact that district for details on necessary improvements. Any and all wells on the site shall be abandoned in accordance with the State Department of Ecology requirements. c) A public stormwater drainage system meeting the Kent Construction Standards for conveyance, detention/retention, and water quality treatment. The minimum detention volume standard to be met for this project shall be that for HILLS developments. Because of documented flooding problems at Lake Meridian, however, the release rate shall meet the most stringent requirements of the Soos Creek Basin Plan, unless the City's drainage study for the Meridian Annexation Area determines that this requirement is not justified.. Unless the owner/subdivider submits a final Drainage Plan significantly different than shown in the unapproved Conceptual Drainage Plan, the owner/subdivider may be required to make extensive off-site improvements. In addition, the owner/subdivider is required to obtain public stormwater easements for the entire conveyance system from the discharge location from the subdivision to Lake Meridian. The proposed off-site route would include easements from the discharge outlet east of 132nd Avenue SE, then through the Pink Thunderbird Mobile Home Park,to the outfall point at Lake Meridian. The required downstream analysis will clearly identify the capacity of each link in the downstream drainage system and its ability to Staff Report Bayberry Crest #SU-96-3 carry the 25-year, 24-hour and 100-year, 24-hour peak flow rates, UNLESS a 100 percent infiltration retention facility is used as the stormwater management concept. The downstream analysis shall include asbuilt storm conveyance information and calculations for level pool routing through the downstream private detention system at the Springbrook Townhomes condominiums, UNLESS a 100 percent Infiltration retention system is used. i. An infiltration pond retention system is the preferred alternative for mitigation of stormwater impacts because: it is the only alternative that can reduce both volume and peak runoff rates; it also mitigates for groundwater recharge impacts resulting from additional impervious surfaces; and this alternative shall be required unless proven unfeasible by the owner/subdivider's design engineer in the submittal for the Preliminary Drainage Plan. ii. Roof downspouts for each house and garage shall be directed to Roof Downspout Infiltration Trenches meeting the requirements of the Department of Public Works including provisions for overflow pipes connected to an approved conveyance system. The Detailed Drainage Plans will include an approved detail for the Roof Downspout Infiltration Trenches, and will provide private stormwater stubouts to each lot for future connections to the required Roof Downspout Infiltration Trenches. The following requirement shall be stated on the face of the final subdivision map: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON ANY LOT OF THIS SUBDIVISION SHALL PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS DESIGNED AND INSTALLED AS SHOWN IN THE DETAILS SHOWN ON THE APPROVED STORMWATER DRAINAGE PLANS. iii. Should the owners/subdividers decide that time is of the essence and they don't want to wait for the results of the 9 Staff Report Bayberry Crest #SU-96-3 City's drainage study for this area.the owner/subdivider shall have their design engineer prepare a detailed storm drainage model which includes all development upstream of the subject drainage basin, and downstream to Lake Meridian. _ and which includes Lake meridian water surface elevation assessments. The HSPF version 10 or later. and HEC-RAS software packages will comprise the preferred stormwater model. Based upon this analysis and previous modelling work, if any,the City will review the recommendations of the subdivider's professional engineer to determine what off-site downstream improvements are necessary, and/or what additional detention is required to not adversely impact downstream properties. The off-site drainage improvements shall be adequate to convey the most critical design storm (up to a 100-year event) as determined by the Public Works Director. iv. Should downstream capacity be insufficient to convey the most critical design storm as determined by the Public Works Director,the owner/subdivider shall either provide necessary off-site improvements(and easements where necessary). OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the proposed downstream conveyance system will not be exceeded. Similarly, should an erosion problem be exacerbated by the proposed release conditions, then the owner/subdivider will have to further restrict the release of stormwater from this development. V. The owner/subdivider shall submit a Landscape Plan for within and surrounding the retention/detention facility to the Kent Planning Department and the Department of Public Works for review and approval prior to approval of the Detailed Drainage Plans. vi. The properties directly east of this proposed subdivision currently experience stormwater drainage problems during heavy rainfall events. In order to ensure that this 10 Staff Report -- Bayberry Crest #SU-96-3 development will not exacerbate this existing problem. the owner/subdivider shall ensure that all surface water runoff from the subdivision shall be intercepted, collected and directed to public stormwater drainage in a way that ensures that uphill surface water will no longer discharge across the east property line of the subdivision. d) A public Stormwater Drainage Treatment Plan. The owner/ subdivider shall construct an open-to-the-air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment (it is the only alternative which captures all pollutants from the design storm)-I biofiltration swales; wet ponds, extended detention ponds; and created wetlands. Alternatives and experimental treatment facilities will be evaluated on a case-by-case basis by the Department of Public Works. i. The stormwater treatment system shall be within the approved retention/detention facility tract. Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. e) Grading Plans for the entire subdivision. These Grading Plans shall include- utilities; roads; the public stormwater drainage system; the existing trees which will remain upori completion of grading- graded building pads for all lots with an approximate building footprint shown for each lot,provisions to ensure that surface water flows will not leave the subdivision across the east property line. f) Southeast 256th Street is currently operating at level-of-service "D" with segment traffic volumes near the intersection of 132nd Avenue Southeast where the roadway is only two lanes, exceeding 13,000 vehicles per day. East of the subdivision, near the intersection of 132nd Avenue Southeast, the daily traffic volumes along the three- lane section of roadway are nearly 15,000 vehicles per day: These levels-of-service exceed the threshold volume/capacity ratio ""' 11 Staff Report Bayberry Crest #SU-96-3 established in the City's Comprehensive Plan for this area of the City. Similarly, the intersection of 132nd Avenue Southeast at Southeast 256th Street has been exceeding the threshold level-of- service established in the Comprehensive Plan since 1991. The owner/subdivider shall therefore construct a half-street widening/improvement of Southeast 256th Street across the entire frontage that does not reduce the eastbound left turn capacity at the intersection of I32nd Avenue Southeast/Southeast 256th Street. Nor shall this widening be accomplished in a manner that reduces the efficiency of the operation of the traffic flow through the intersection. This widened street shall include an additional 14 feet of right-of- way, dedicated to the City of Kent, across the entire property frontage, for the widening and improvement of the south half of Southeast 256th Street to City Standards for a Minor Arterial roadway, augmented with bicycle lanes, for a total minimum half- street right-of-way width of 44 feet. i. The paved half-street (one half of a Minor Arterial roadway plus a bicycle lane)roadway width shall be a minimum of 29 feet as measured from the future right-of-way centerline to the face of curb, based on survey required in prior conditions and the alignment established by the improvement plans prepared by Inca Engineers, or as otherwise approved by the City of Kent, and as modified to permit the future construction of a dual eastbound to northbound left turn lane. The construction of the #2 eastbound travel lane shall provide, in the interim, for an eastbound deceleration lane into the subdivision (necessitated by the new intersection and the sight distance impairments created by the substandard length crest vertical curve located to the west of the subdivision). East of 129th Avenue Southeast, these improvements shall provide for a recovery area for vehicles leaving the subdivision and a 'weaving' lane for vehicles entering the driveway for the property immediately to the east of the plat,outside of the one eastbound through lane on Southeast 256th Street. 12 Staff Report Bayberry Crest #SU-96-3 These improvements shall include transitions to match the current pavement widths and elevations adjacent to the subdivision as well as street lighting;a 10-foot vade concrete sidewalk along the southerly side of Southeast 256th Street, drainage facilities; street channelization. utilities and appurtenances, and a pair of conduit runs with junction boxes and wires to permit the extension the City's signal interconnection system to the intersection of 132nd Avenue at Southeast 256th Street. ii. In order to provide adequate safe access into the plat street, mitigate the increased number of westbound left-tums created by the subdivision of property, and the conflicts that these trips will create with the existing- traffic volumes and high travel speeds on Southeast 256th Street, these improvements shall also include sufficient pavement to provide a 12-foot wide westbound left-turn lane into the subdivision. These improvements shall maintain, as well, a 12-foot wide `-' westbound through lane on the northerly side of the roadway across the entire frontage of the subdivision; and necessary pavement transitions to meet the existing pavement elevations and widths of Southeast 256th Street to the east and west of the project. The minimum storage and deceleration length for this turn lane shall be 102 feet, not inclusive of a bay taper nor a pavement transition designed to a 35 MPH design speed. Based upon the designed plans for Southeast 256th Street(the 90% design submittal improvement plans prepared by Inca Engineers)or unless otherwise approved by the Public Works Director,the improvements along Southeast 256th Street shall conform per the location(both horizontally and vertically) to said designed plans. iii. In addition, the subdivider shall install "No Parking" signs across the entire subdivision frontage on Southeast 256th Street. "—' 13 Staff Report Bayberry Crest #SU-96-3 iv. Finally, if determined necessary by the Public Works Director, overlay the existing roadway pavement to provide a 2% crown across the pavement. g) Construct each of the plat streets to City Standards for a Residential Street. i. The paved roadway width shall be a minimum of 32 feet as measured from face of curb to face of curb, based on survey required in prior conditions, and shall include an off-site transition to match the current pavement widths along 129th Avenue Southeast to the south of the subdivision as well as street lighting;five(5)-foot wide concrete sidewalks along the both sides of the plat streets; drainage facilities; street channelization; utilities and appurtenances. At the southerly terminus of 130th Place Southeast, these improvements shall include the construction of a cul-de-sac turnaround meeting City Standards, including a 45 -foot radius turnaround (as measured at face of curb). ii. As the construction of this subdivision will create potential for 'cut-through' traffic into the Rainier View Estates subdivision, the improvements to 129th Avenue Southeast shall include the construction of traffic 'chokers', per City Standards, at one location between Southeast 256th Street and Southeast 258th Street. The radius of the reverse horizontal curve located near the mid-point of the subdivision does not appear to meet the City Standards for a Residential Street. In order to maintain acceptable sight distance standards through this area on 129th Place Southeast, the owner/subdivider shall install "No Parking Any Time signs across the frontage of Lots 7 through 9 on the westerly side of 129th Place Southeast. Upon the easterly side of 129th Place Southeast, the owner/ subdivider shall install "No Parking Any Time" signs across the frontage of Lots 46 and 39. Furthermore, access to Lot')9 14 - Staff Report -- Bayberry Crest #SU-96-3 shall be limited to the northerly frontage along the plat street. Access to Lot 46 shall be limited to the frontage along 129th Place Southeast, and at the northeasterly corner of the lot. Permanent survey monuments, of a type suitable to the Director of Public Works shall be set at the intersections of the sight distance easements with the public right of way lines for 129th Place Southeast. These monuments shall also be identified upon the face of the final subdivision map. iii. These improvements to Southeast 258th Street shall include, unless determined otherwise by the Public Works Director, a pavement edge transition, to the west of Lot 13, to the existing improved section of Southeast 258th Street, designed to the satisfaction of the Director of Public Works. At the easterly terminus of Southeast 258th Street, i.e. in front of Lots 14 and 15,these improvements shall include a minimum 24-foot wide paved roadway across the entire frontage thereof, and, if deemed necessary by the Fire Marshal, a paved temporary turnaround meeting applicable City Standards. Should access to Lot 14 be reconfigured to be off of 130th Street cul-de-sac, then the 24 foot wide paved roadway requirement across Lot 14 and across the entire frontage of Lot 15 need not apply. At the easterly end of these improvements, the owner/ subdivider shall install a "permanent" Type III Barricade. The owner/subdivider shall install a sign(using silk-screened/ photographically produced lettering upon an aluminum sign plate --fiber board, plywood,or cardboard are not acceptable) at least 36" by 48" in size upon the barricade using tamper- resistant/vandal-resistant mounting hardware. "' 15 Staff Report Bayberry Crest #SU-96-3 This sign shall carry the following message: PUBLIC NOTICE Southeast 258th Street is temporarily dead-ended at this barricade, and is required to be constructed& extended upon the development of the property to the south. Contact the City of Kent Public Works Department for f urther information." Finally, the developer shall install "No Parking Any Time" signs across the frontage of Lot 14 and 15, on Southeast 258th Street. 8. The subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section B and provide all public and private easements necessary for the construction, identified in Section B, above. 9. Existing buildings and structures shall either be demolished or relocated in order to meet zoning setback requirements. 10. The owner/developer shall dedicate five (5) percent of the total plat area for open space/park land or pay a fee in lieu of dedication pursuant to requirements of KCC Section 12.04.490. C . PRIOR TO THE ISSUANCE OF eNY r1FVE QPMENT PERMITS ON ANY LQT IN THE 'BAYBERRY CREST' SUBDIVISION: 1. The owner/subdivider shall received approval for detailed Grading Plans AND Temporary Erosion and Sediment Control Plans submitted to the Department of Public Works in conformance to the City Construction Standards. 2. As -built Drainage Plans for the entire site shall be prepared by a certified land surveyor and approved by the City prior to issuance of building permits. 16 Staff Report Bayberry Crest #SU-96-3 3. The owner/subdivider shall submit a detailed tree plan to the Kent Planning and Department of Public Works for concurrent review and approval prior to the approval of the Grading Permit and prior to issuance of any other construction permits. 4. Construct all improvements required in Sections A and B, above. KENT PLANNING DEPARTMENT May 14, 1997 U:\CHRIS\SU963.RPT "" 17 A LMWIN 'III► _ r •' • City of Kent - Planning Department SE 2V7 PL N ry T � T SE 248 S 7 sE au PL No SE 2119 o , , n' Sc N m (W Sa9 250 J SE 250 St 'rOCJ ZSO r a� x25 0_ a PRIV. Pnly. T� r42 S.-p 251 PL N = SE 251 ST 02 „ w 9L j sE ,t SE 252 PL SE 252 ST CL T SE 253 S N 253 Ct W W PRty. W J W to N N I ST CD9G 9G SE y5y > N SE °' 2S3 ST rb u, SE 254 '^ N N ¢ FL T SE S m i i = m PL ry 235 PL i m \ 9 2 7 0 SE 256 \l $T P� m W > SE 2S7 CT " ¢ SE 258 ST SE 258 P > sF 2SB ¢ C3 zs9 r p� m • SE se a_ "' e SF SE 259 S SE 2S9 PL 0 PL W W ^ SE 280 Si p N N N V SE 261 = PRIV, SE 281 ST PRIV. 261 L ry m r 9E 262 PL ST SE 262 PL ^ 2e4 127 N T 9 m 1 N 83 PL a SE 264 ST sMM T hC "t� ST SE 6S ST PRIV.N fW > > SE 266 ST W N N — APPLICATION NAME: Bayberry Crest NUMBER: #SU-96-3 DATE: May 21 , 1997 REQUEST: Preliminary Plat LEGEND A �" Application site N Vicinity Map Railroad tracks ,....T.. City limits City of Kent- Planning Department + 0020 81 ! ?fl.i i 00� J l 41 f• +.' f i r F J 1' f 1 + 1 i _ aT sr r pr w vz 121r ' i s ss 3 a45 o 340 .33 ' ` 4 „ 1as x• of 571 7r ~ tt t S WRAC e^ 3 i t oa n A 10S 3S se'", se• s :} 4 a �340 41 4WD » f 6 S8' Sb• ie7 0 e• rJ ^.' l �$ 170 f n � u U�` s F Sa• SY21r '� r e� . 8 e 25 $ i 162 , !t a A 31r 5ww 280 2il 1!1• + ..tJ f Y� 9 ti b 1/a /8s d ST S.3• SS Sr �, yS Zr r N F :. Z r- - ---� -sT sS� sT sod fJ �+ss &L 25M ST Z77 4 27E f� 8 i 41 42 43 µ + Oleo t.��• � tl 0410 0420 04Je 0440 f t 17 J I {7 I APPLICATION NAME: Bayberry Crest NUMBER: #SU-96-3 DATE: May 21 , 1997 •EQUEST: Preliminary Plat LEGEND A Application site N Site Plan City of Kent - Planning Department 0020 0-2� r z 51 o Ir'&L MTN ST. 71 I Ir sr sr 3r ao 9z tea 'S 38e 34 133 2 7Z 30' 132 AC 3 4 C38--a- TR 'A' 5w 13S 5w i3l 138 tow Yw 41 4:e 1100* ' 5 ON. oww 43 1� 27 21r 1 x i98 25 x If 8 36' 59 2&0 IT-M Isla 19 24 5v ar SS 5T 5S 5x 93- ? 23 '0 ! r 12 '-e 11'F i a 10' i 2Q 95, 5.V 5MI,0�sw w 22 I f 52, B.E. 1. 28M ST t- 277 271 at F4J2� Lz�:T 0410 0420 0430i 0440 ' t 7 Is. APPLICATION NAME: Bayberry Crest NUMBER: #SU-96-3 DATE: May 21 , 1997 REQUEST: Preliminary Plat LEGEND -Application site N Site Plan CITY OF `r�\L�!2� i Jim White, Mayor Planning Department (253)859-3390/FAX(253) 850-2544 James P. Harris,Planning Director CITY OF KENT Theodore Paul Hunter Hearing Examiner OFFICE OF THE LAND USE HEARING EXAMINER IN RE: ) BAYBERRY CREST ) REQUEST FOR RECONSIDERATION DENIED #SU-96-3 ) BACKGROUND A recommendation was issued on this application to subdivide 9.56 acres into 46 single-family lots on July 2, 1997. The open record public hearing was first held on May 28, 1997. It was continued until June 18, 1997, in order to allow the applicant to address public concerns raised at the hearing in May. At the hearing in June, the applicant described the revisions to the conditions intended to address citizen and city concerns. The public was allowed a full opportunity to respond to the applicant's proposed revisions to the conditions. On July 15, 1997, a Request for Reconsideration was filed by 13 residents in the area near the proposed subdivision. The request is to modify Condition 6 C, on page 10 of the recommendation, to reflect a concern of these residents about stormwater drainage. DECISION The Request for Reconsideration is denied. The Hearing Examiner was fully informed when he made his recommendation on July 2nd. It is the opinion of the Examiner that the quantity of stormwater runoff will be controlled to the extent there will be no harm inflicted on neighboring properties. Condition of Approval 6 C as it presently reads requires that all water from impervious surfaces will be intercepted and directed to public stormwater drainage. This will significantly reduce the potential amount of stormwater runoff that may flow over south and east properties. In addition,Condition 6 C requires that stormwater be intercepted and directed to the public stormwater drainage system if that can be done without filling the lots. "Filling the lots" as used in this condition means that if a significant amount of filling would be necessary to achieve a flow direction necessary to direct the runoff to a public system. If, however, the runoff can be intercepted; Page l of 2 220 4th AVE.SO.. /KENT,WASHINGTON 98032-5895/TELEPHONE (2061859 3300/FAX M 859 3334 Request for Reconsideration Bayberry Crest #SU-96-3 collected and directed to a public system without an unreasonable amount of fill, then that must occur. Furthermore,the quality of stormwater runoff is addressed in Condition 6 D. That condition requires treatment of all stormwater runoff. Pesticides and fertilizers should be removed through use of biofiltration,.if they are present in the first place. A better solution would be to educate the homeowners on the benefits of lawn care without pesticides and fertilizers. If it is indeed possible to collect and direct surface flows away from the east property line without large amounts of fill material, as those who filed this request allege, then the applicant/developer must do so under the terms of Condition 6 C as it presently reads. Since there is no need to amend that condition to address the concerns raised by those who filed this request, the request is hereby DENIED. So ordered this 6th day of August, 1997. THEODORE PAUL HUNTER Hearing Examiner Page 2 of 2 - CITY OF Jim White, Mayor Planning Department (206)859-3390/FAX(206) 850-2544 James P.Harris,Planning Director OFFICE OF THE LAND USE HEARING EXAMINER (206) 859-3390 Theodore P.Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: BAYBERRY CREST #SU-96-3 APPLICANT: Projects Northwest REQUEST: A request to subdivide 9.56 acres into 46 single-family residential lots. LOCATION: The property is located at 13003 and 12923 SE 256th. APPLICATION FILED: August 15, 1996 DETERMINATION OF NONSIGNIFICANCE ISSUED: March 29, 1996 MEETING DATE: May 21, 1997 and June 18, 1997 RFCQMM NDATION ISSUED: July 2, 1997 RECOMMENDATION: APPROVAL WITH CONDITIONS STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Frank Spanjer, Public Works Department Gary Gill, Public Works Department Kristen Langley, Public Works Department PIMLI_C_ TESTIMONY: Brent Carson, representing applicant Shupe Holmberg, representing applicant then Gary Hren Lee Robertson Beverly Riedler Darryl Reitan Elizabeth Bender 20 4th AVE.SO /KENT W ASHINGTON 98032 5995/TELEPHONE (2061859-3300/FAX M 859-3334 Hearing Examiner Findings and Recommendation Bayberry Crest #SU-96-3 EXHIBITS: 1. Hearing Examiner file containing Mitigated Determination of Nonsignificance (MDNS), application,public notice and staff report. 2. Water availability. 3. Sewer availability. 4. Package containing: Letter from Tom Redding dated March 30, 1997; Memo from Frank Spanjer and a map of the drainage plan dated March 21, 1997. 5. Memo dated May 21, 1997 from Brent Carson to Fred Satterstrom, et al. 6. AGRA report. 7. Map of preliminary plat showing design speeds 8. Alternate design speed map. 9. Written comments from Gary Hren concerning drainage. 10. Letter dated April 2, 1997. 11. Letter dated May 21, 1997. 12. Letter from David and Elizabeth Bender dated May 21, 1997. 13. Letter from Caroline Palfenier dated May 21, 1997. 14. Letter from Brent Carson proposing changes to the conditions. 15. Letter from Gary Hren. 16. Letter from Brent Carson showing recommended changes to conditions. for the preliminary plat as proposed by the City (dated June 18, 1997). 17. Traffic Impact Memo to Jim Howton of JMR Pacific from Bruce Haldors of the TRANSPO Group, Inc., dated June 10, 1997. 18. 'Bayberry Issues" booklet to Hearing Examiner from neighborhood residents dated June 18, 1997.. 19. A two-page plan showing the storm and water drainage for the church west of Bayberry plat. INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area 2 r' Hearing Examiner Findings and Recommendation Bayberry Crest #SU-96-3 by the Hearing Examiner at a time prior to the public hearing,the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. SUMMARY OF PROCEDURE A public hearing was held on May 21, 1997, in the City of Kent Council Chambers. All present were given an opportunity to testify and present evidence. During the public hearing,it became clear to the Hearing Examiner that additional information on the potential impact of the development on drainage and traffic in the area was necessary before a decision could be made on the application. The applicant requested an additional 30 days to prepare proposed revisions to the City's recommended conditions of approval in order to address these issues. The applicant agreed to provide the additional information on this potential impact to the public and the Hearings Examiner. The public was given an opportunity to comment on this information at the continued hearing on June 18th. The Hearings Examiner now enters the following Findings, Conclusions and Recommendation. FINDINGS - 1. The owner of the property proposed for subdivision is Projects Northwest of Bellevue, Washington.Exhibit 1, Application.The applicant was represented at the public hearing by Mr. Brent Carson, attorney. 2. The property proposed for subdivision is located between SE 256th and SE 258th Streets approximately 300 feet west of 132nd Avenue SE on Kent's East Hill. Exhibit 1, Staff Report. 3. The property is 9.56 acres. The applicant proposes forty six single family lots with the smallest lot of 5,728 square feet. The applicant submitted a site plan dated May 21, 1997, that shows all lots in conformance with minimum lot size requirements. Exhibit 1, Site Plan. 4. The property is zoned SR6 with a 5,700 square foot minimum lot size. Several elements of the Comprehensive Plan policies are relevant to this application and support approval of it. These are described in detail on pages four and five of the Staff Report. Exhibit 1, Staff Report. 5. Land use to the east, south, and north of the property proposed for the subdivision is single family residential. Some of these properties have been subdivided while others are single family units on large lots (up to five acres). To the west of the property is the Church of Latter Day Saints. Exhibit 1, Staff Report. 3 Hearing Examiner Findings and Recommendation Bayberry Crest #SU-96-3 6. The site would primarily be accessed off of SE 256th Street(classified as a Minor Arterial), and secondarily off of 129th Avenue SE(a Residential Street). Improvements of SE 256th Street,or payments in lieu of improvements,were applied as conditions of the environmental review of this proposed project under the State Environmental Policy Act. Testimony of Mr. Gill and Mr. Carson, Exhibit 16. 7. At the public hearing on May 21,the Planning Department recommended approval of this application subject to specific conditions. Some of the neighbors to the site proposed for development expressed concern about the impact of the development on traffic and traffic safety in the area and about the number of 'but-through" traffic that might use 129th Avenue SE to avoid the traffic light at 132nd Avenue SE. Testimony of Mr. Reitan, Mr. Hren, and Ms. Bender. The applicant agreed to continue the hearing in order to provide additional information about traffic. The applicant prepared and submitted a detailed transportation report. The report concludes that the "cut-through" traffic will only be 4 to 6 vehicle trips per day, and the general impact of the project on traffic in the area will not be adverse. The report concludes that the intersection of SE 256th Street/129th Street SE allows sufficient visibility so that it is not a safety hazard for the proposed project. Testimony of Ms. Langley, Exhibit 17-Transpo Report. 8. Citizens who live near the proposed subdivision expressed concerns at the May 21 hearing about the surface water runoff created by the development,especially regarding the potential for increased flooding of their homes. Some of the testimony expressed concerns about the filling in of a retention pond that occurred when the church that lies to the west of the subject property was constructed. Testimony of Mr. Hren, Mr. Robertson, Ms. Riedler, Mr. Reitan, Ms. Bender; Exhibits 9, 10, 11, 12, and 13. The applicant responded by preparing and submitting a revised stormwater mitigation plan, proposing to build a drainage system that will direct the storm water runoff into Lake Meridian. Also, a review of the construction plans of the church established that the preservation of the retention pond was not a requirement in construction of the church. Testimony of Mr. Carson and Mr. Holmberg; Exhibit 16& 19. 9. Thirteen citizens who live near the proposed subdivision submitted information on issues including surface water management, environmental poisons resulting from surface water runoff, chemical sensitivity, Puget Sound water quality management, and past flooding on some of their properties.Exhibit 18..The applicant addressed concerns regarding the planned mitigation of storm water runoff. The applicant's plan is intended to reduce 90%of all runoff from the proposed subdivision--including runoff from both pervious and impervious surfaces—except from the pervious surfaces of three lots. These mitigation measures are intended to address stormwater quantity and quality issues presented by the public that testified at the hearing. Testimony of Mr. Carson and Mr. Holmberg; Exhibit 16. 4 Hearing Examiner Findings and Recommendation Bayberry Crest #SU-96-3 10. A final Mitigated Determination of Nonsignificance (IvIDNS)was issued for the proposed subdivision on March 29, 1996 pursuant to the State Environmental Policy Act. It was not appealed by the applicant or any citizen. Exhibit 1, MDNS. 11. Public notice of this application was given by posting, publication and mailing. Exhibit 1, Affidavits of Harris and Wells. CONCLUSIONS 1. The Hearing Examiner has jurisdiction to hold a public hearing on this application; to consider all evidence presented at the public hearing; and,based on that evidence,to present a recommendation to the City Council to approve,disapprove or approve with conditions the preliminary plat application. KCC 12.04.360, KCC 2.32.090. 2. Notice of the public hearing on this application was properly given in accordance with applicable state statutes and city ordinances including Chapter 58.17 RCW and KCC 12.04.360. Finding of Fact No. IL 3. The recommendation of the Hearing Examiner must be supported by the evidence presented, as stated in the Findings of Fact of this recommendation, and must be consistent with the standards and criteria for review specified in state statutes and city ordinances.The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW). These review criteria include: (a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations is to: provide rules,regulations,requirements, and standards for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivision a will be attained;that the public health, safety,general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be ensured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; and that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plans shall be ensured. 5 Hearing Examiner Findings and Recommendation Bayberry Crest #SU-96-3 (b) KCC 12.04.330 which specifies eight requirements that must be shown on the preliminary plat map including appropriate names and dates,proposed platted property lines, contours and elevations, proposed public service areas, square footage calculations for developed and open space, dimensions of each lot, statements of soil type and drainage conditions, a description of existing land cover, and a description of wildlife present. (c) KCC 12.04.370 which requires a written statement from the Seattle-King County health department as to the general adequacy of the proposed means of sewage disposal and water supply. (d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental amenities so that urban development may be as compatible as possible with the ecological balance of the area including preservation of drainage patterns,protection of ground water supply,prevention of erosion and preservation of trees and natural vegetation. (e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper drainage plan and a proper water distribution system. (f) KCC 12.04.450 which requires due consideration to the allocation of public service usage -- areas and due regard for all natural features including large trees, water courses, historical spots and other community assets that would add attractiveness and value to the property. (g) KCC 12.04.490•which provides for mitigation of any adverse effects of development upon the existing park and recreational facilities in the City of Kent. (h) RCW 58.17.110 which requires an inquiry into the public use and interest proposed to be served by the subdivision and a determination "that appropriate provisions are made for public health, safety and general welfare and for such open spaces,drainage ways, streets or roads, alleys,other public ways,transit stops,potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school." 5. Based on the Findings of Fact specified above, and with the specific conditions recommended below, the Examiner concludes that this preliminary plat application is consistent with the standards and criteria of applicable state statutes and city ordinances and should be approved. Findings of Fact No. 3,4,6,7,8.9,10,11. 6 Hearing Examiner Findings and Recommendation Bayberry Crest - #SU-96-3 RECOMMENDATION- The Hearing Examiner recommends that this preliminary plat application be APPROVED subject to the following conditions: A. cjx^hm'RAl, CONDITIONS OF APPROVAL 1. The owner/subdivider shall implement all mitigation measures required in the mitigated Determination of Nonsignificance for the proposed Bayberry Crest preliminary subdivision, File#ENV-96-18. B. PRIOR TO RECORDATION OF TEE FINS. 1. The owner/subdivider shall waive abutter's access rights across the entire subdivision frontage along Southeast 256th Street. Said access restriction shall be clearly shown on the face of the final subdivision map. Tract "A" may be exempted therefrom provided Tract "A" is dedicated to the City for drainage purposes. - 2. The owner/subdivider shall dedicate sufficient right-of-way for the construction of Southeast 258th Street to City Standards for a Residential Street,minimum right-of- way of 49 feet. 3. The owner/subdivider shall dedicate sufficient right-of-way for the construction of the plat streets: 129th Place Southeast, 130th Place Southeast, Southeast 256th Place and Southeast 257th Street,to City Standards for a Residential Street. The minimum right-of- way of each of these streets shall be 49 feet. At the southerly terminus of 130th Place Southeast,this dedication of right-of-way shall include a minimum 50.5 foot radius at property line to construct a cul-de-sac turnaround. This shall include a minimum 25-foot radius at the property line for all internal street intersections. 4. It is recommended that the owner/subdivider revise the access to, and configurations of, Lots 26 through 29 by means of the use a private access road meeting City Standards. This shall be in lieu of the current configuration of paired'panhandle' lots and intervening, conventionallyconfigured lots. If so chosen, the owner/subdivider shall grant a 26-foot wide common access tract at a suitable location. 5. The radius of the reverse horizontal curve located near Lots 7 through 10 does not appear to meet the City Standards for a Residential Street. In order to maintain 7 Hearing Examiner Findings and Recommendation Bayberry Crest #SU-96-3 -- acceptable sight distance standards through this area, the owner/ subdivider shall grant sight-distance easements across the southwesterly side of Lot 46 and the easterly side of Lots 8 and 9 unless an alternative configuration of the intersection and these lots is otherwise determined to be acceptable by the Public Works Director. This sight distance easement shall be based upon a 20 MPH design approach speed which is anticipated given the reduced speed from the installation of the required choker. Furthermore, access to Lot 46 shall be limited to the northwesterly corner of the lot along 129th Place Southeast. These sight distance easements shall be clearly shown upon the face of the final plat map, and the property side thereof identified upon the map as a Building Set-Back Line. Permanent survey monuments, of a type suitable to the Director of Public Works shall be set at the intersections of the sight distance easements with the public right of way lines for 129th Place Southeast and shall also be identified upon the face of the final subdivision map. 6. The subdivider shall provide engineering drawings for review and approval by the City, and either construct or bond for the following: a) A gravity sanitary sewer system to serve all lots. Sanitary Sewer service to the subject property would be provided by the Soos Creek Water and Sewer District. Contact that district for details on necessary improvements. The septic systems serving the existing homes within the proposed plat shall be abandoned in accordance with King County Health Department Regulations. b) A water system meeting domestic and fire flow requirements to serve all lots. Water service to the subject property will be provided by Water District No. 111. Contact that district for details on necessary improvements. Any and all wells on the site shall be abandoned in accordance with the State Department of Ecology requirements. c) A public stormwater drainage system meeting the Kent Construction Standards for conveyance, detention/retention:and water quality treatment. The minimum detention volume standard to be met for this project shall be that for HILLS developments. Because of documented flooding problems at Lake Meridian, however, the release rate shall meet the most stringent requirements of the Soos Creek Basin Plan, unless the City's drainage study for the Meridian Annexation Area determines that this requirement is not justified. The owner/subdivider shall construct the offsite improvements as shown in the approved Conceptual Drainage Plan. In addition, the owner/subdivider - 8 Hearing Examiner Findings and Recommendation Bayberry Crest w.w #SU-96-3 is required to obtain public stormwater easements for this conveyance system from the discharge location from the subdivision to Lake Meridian. Roof downspouts for each house and garage shall be directed to Roof Downspout Infiltration Trenches meeting the requirements of the Department of Public Works including provisions for overflow pipes connected to an approved conveyance system. The Detailed Drainage Plans will include an approved detail for the Roof Downspout Infiltration Trenches, and will provide private stormwater stubouts to each lot for future connections to the required Roof Downspout Infiltration Trenches. The following requirement shall be stated on the face of the final subdivision map: AS A CONDITION OF BUILDING PERMIT ISSUANCE,RESIDENCES - - - CONSTRUCTED ON ANY LOT OF THIS SUBDIVISION SHALL - PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS DESIGNED AND INSTALLED AS SHOWN IN THE DETAILS SHOWN ON THE APPROVED STORMWATER DRAINAGE PLANS. The Detailed Drainage Plan shall demonstrate that the off-site drainage improvements m adequate to convey the most critical design storm to be discharged from the projects storm water detention facility(up to a 100-year 24 hour event) as determined by the Public Works Director. Should downstream capacity be insufficient to convey the most critical design storm as discharged from the storm water detention facility, the owner/subdivider shall either modify the off-site improvements OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the proposed downstream conveyance system will not be exceeded. Similarly, should an erosion problem be exacerbated by the proposed release conditions,then the owner/subdivider will have to further restrict the release of stormwater from this development. In the event that the City proposes to construct, within the construction schedule for this project, a new public storm water conveyance system capable of conveying the most critical design storm to be discharged from the project's storm water detention facility(up to a 100-year 24 hour event),the owner/subdivider shall connect to that system and pay a fee in lieu of constructing the off-site improvements based upon the owner/subdivider's prorata share of the public improvements. 9 Hearing Examiner Findings and Recommendation Bayberry Crest #SU-96-3 The owner/subdivider shall submit a Landscape Plan for within and surrounding the retention/detention facility to the Kent Planning Department and the Department of Public Works for review and approval prior to approval of the Detailed Drainage Plans. The properties directly east of this proposed subdivision currently experience stormwater drainage problems during heavy rainfall events. In order to ensure that this development will not exacerbate this existing problem, the owner/subdivider shall ensure that all surface water runoff from new impervious surfaces within the subdivision shall be intercepted,collected and directed to the public stormwater drainage in accordance with the approved final detailed drainage plan. Surface flows from pervious surfaces in lots 22- 27 may continue to follow their natural drainage course to the south and east unless it can be collected, intercepted and directed to the public storm system without filling these lots. d) A public Stormwater Drainage Treatment Plan. The owner/subdivider shall construct an open-to-the-air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment(it is the only alternative which captures all pollutants from the design storm)-I biofiltration swales; .wet ponds, extended detention ponds; and created wetlands. Alternatives and experimental treatment facilities will be evaluated on a case-by-case basis by the Department of Public Works. However, the applicant has established through a geotechnical study that an infiltration system is not viable. i. The stormwater treatment system shall be within the approved retention/detention facility tract. Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. e) Grading Plans for the entire subdivision. These Grading Plans shall include- utilities; roads; the public stormwater drainage system, with provisions to ensure that surface water is controlled in accordance with the approved final storm drainage plan;the existing trees which will remain upon completion of grading; graded building pads for all lots with an approximate building footprint shown for each lot. 10 Hearing Examiner Findings and Recommendation Bayberry Crest #SU-96-3 fl Southeast 256th Street is currently operating at level-of-service "D" with segment traffic volumes near the intersection of 132nd Avenue Southeast where the roadway is only two lanes, exceeding 13,000 vehicles per day. East of the subdivision,near the intersection of 132nd Avenue Southeast,the daily traffic volumes along the three lane section of roadway are nearly 15,000 vehicles per day. These levels-of-service exceed the threshold volumelcapacity ratio established in the City's Comprehensive Plan for this area of the City. Similarly, the intersection of 132nd Avenue Southeast at Southeast 256th Street has been exceeding the threshold level-ofservice established in the Comprehensive Plan since 1991. Improvement of Southeast 256th Street is planned as Th�So wes of the t's Six Year Transportation Improvement Program CM). Street project will improve this roadway to five lanes-(two travel lanes and a center turn lane). This road improvement project is viewed as providing the necessary capacity for an adequate public facthty, While construction of this road project is scheduled to begin in approximately 1999,the final design of this facility is still in flux. It would be a potential waste of private and public resources if the applicant were required to construct a half-street improvement on Southeast 256th Street. This widened street shall include an additional 14 feet of right of way, dedicated to the City of Kent, across the entire property frontage,for the widening and improvement of the south half that may need to be removed upon construction of the full facility project. The ownerisubdivider shall, at its discretion, either construct a half-street improvement on SE 256th Street or,in lieu of such construction,make a cash contribution to the city in an amount equivalent to the cost of a typical half- street improvement in front of the subject property using the existing horizontal and vertical road profile of Southeast 256th Street and using unit pricing consistent with City binds on similar street projects. g) Construct each of the plat streets to City Standards for a Residential Street. i. The paved roadway width shall be a minimum of 32 feet as measured from face of curb to face of curb, based on survey required in Prior • conditions,and shall include an off-site transition to match the current pavement widths along 129th Avenue Southeast to the south of the subdivision as well as street lighting; five (5)-foot wide concrete sidewalks along the both sides of the plat streets; drainage facilities, street channelization; utilities and appurtenances. 11 l Hearing Examiner Findings and Recommendation Bayberry Crest #SU-96-3 At the southerly terminus of 130th Place Southeast, these improvements shall include the construction of a cul-de-sac turnaround meeting City Standards, including a 45-foot radius turnaround(as measured at face of curb). ii. As the construction of this subdivision will create potential for 'cut- through' traffic into the Rainier View Estates subdivision, the improvements to 129th Avenue Southeast shall include the construction of traffic 'chokers', per City Standards, at one location between Southeast 256th Street and Southeast 258th Street. The radius of the reverse horizontal curve located near the mid-point of the subdivision does not appear to meet the City Standards for a Residential Street. In order to maintain acceptable sight distance standards through this area on 129th Place Southeast, the owner/subdivider shall install "No Parking Any Time" signs across the frontage of Lots 7 through 9 on the westerly side of 129th Place Southeast. Upon the easterly side of 129th Place Southeast, the owner/subdivider shall install "No Parking Any Time" signs across the frontage of Lots 46 and 39. Furthermore, access to Lot 39 shall be limited to the northerly frontage along the plat street. Access to Lot 46 shall be limited to the frontage along 129th Place Southeast, and at the northeasterly comer of the lot. Permanent survey monuments, of a type suitable to the Director of Public Works shall be set at the intersections of the sight distance easements with the public right of way lines for 129th Place Southeast. These monuments shall also be identified upon the face of the final subdivision map. iii. The improvements to Southeast 258th shall extend westerly to the west end of Lot 13 with a stripped transition from the existing improved section of Southeast 258th easterly to 129th Place S.E. To the east, the improvements to Southeast 258th shall extend to the easterly end of Lot 15 where a temporary driveway may be constructed within the dedicated right-of-way to provide access into Lot 14. The owner/subdivider shall pay a fee in lieu of completing the improvements across the front of Lot 14. 12 Hearing Examiner Findings and Recommendation Bayberry Crest #SU-96-3 At the easterly end of these improvements, the owner/ subdivider shall install a"permanent" Type III Barricade. The owner/subdivider shall install a sip (using silk-screened/ photographically produced lettering upon an aluminum sign plate --fiber board, plywood, or cardboard are not acceptable) at least 36" by 48" in size upon the barricade using tamperresistant/vandal-resistant mounting hardware. This sign shall carry the following message: PUBLIC NOTICE Southeast 258th Street is temporarily dead-ended at this barricade and is required to be constructed& extended upon the development of the property to the south. Contact the City of Kent Public Works Department for further information." Finally, the developer shall install "No Parking Any Time" signs across the frontage of Lot 14 and 15, on Southeast 258th Street. 8. The subdivider shall dedicate all necessary public right-of-way for the improvements listed in Section B and provide all public and private easements necessary for the construction, identified in Section B. above. 9. Existing buildings and structures shall either be demolished or relocated in order to meet zoning setback requirements. 10. The owner/developer shall dedicate five (5) percent of the total plat area for open space/park land or pay a fee in lieu of dedication pursuant to requirements of KCC Section 12.04.490. C. PRIOR TO THE ISSUANCE OF ANY DEVELOPMENT PERMITS ON ANY LOT IN THE BAYBERRY CREST SUBDIVISION: 1. The owner/subdivider shall receive approval for detailed Grading Plans AND Temporary Erosion and Sediment Control Plans submitted to the Department of Public Works in conformance to the City Construction Standards. 2. As-built Drainage Plans for the entire site shall be prepared by a certified land surveyor and approved by the City prior to issuance of building permits. 13 Hearing Examiner Findings and Recommendation Bayberry Crest #SU-96-3 _ 3. The owner/subdivider shall submit a detailed tree plan to the Kent Planning and Department of Public Works for concurrent review and approval prior to the approval of the Grading Permit and prior to issuance of any other construction permits. 4. Construct all improvements required in Sections A and B above. Dated this 2nd day of July, 1997 ODORE PAUL HUNTER Hearing Examiner APPEALS FROM HEARING EXAMINER RECOMMENDATION ORDINANCE 3320 (excerotl: The action of the city council, approving, modifying, or rejecting a recommendation or decision of the hearing examiner, shall be final and conclusive, unless within twenty-one(21) calendar days of the city council action, an appeal is filed with the Superior Court. 14 Kent City Council Meeting Date September 2 , 1997 Category Other Business 1. SUBJECT: PUGET SOUND ENERGY UNDERGROUND CONVERSION AGREEMENT - AUTHORIZATION 2 . SUMMARY STATEMENT: South 228th Street is being improved as a requirement of the Lakes Development. This improvement includes converting Puget Sound Energy' s overhead distribution power system to an underground system. To do so requires execution of an agreement with Puget Sound Energy. The developer (Polygon) , therefore, is paying all costs and has given the City the money. It is the recommendation of the Public Works Director that the Mayor be authorized to sign the Conversion Agreement with Puget Sound Energy and establish a budget for same. 3 . EXHIBITS: Conversion agreement 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION/: Councilmember , jtlx—moves, Councilmember klr4l�' seconds that the Mayor be authorized to sign the Puget Sound Energy Conversion Agreement) a,Aj e-S+ZL b\;sk A DISCUSSION: ACTION: Council Agenda Item No. 4D ............... .............. Kent City C Date Sep Category_ 1. SUBJECT: PUGET SOUND ENERGY UNDERGROUND CONVEF AGREEMENT - AUTHORIZATION 2 . SUMMARY STATEMENT: South 228th Street is bei a requirement of the Lakes Development. This in includes converting Puget Sound Energy' s overhez power system to an underground system. To do so requ.L , execution of an agreement with Puget Sound Energy. The developer (Polygon) , therefore, is paying all costs and has given the City the money. It is the recommendation of the Public Works Director that the Mayor be authorized to sign the Conversion Agreement with Puget Sound Energy and establish a budget for same. 3 . EXHIBITS: Conversion agreement 4. RECOMMENDED BY: Public Works Director (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 that the Mayor be authorized to sign the Puget Sound Energy Conversion Agreement. DISCUSSION• ACTION: Council Agenda Item No. 4D PUGET SOUND ENERGY UNDERGROUND CONVERSION AGREEMENT THIS Agreement, dated as of this _28_daY Of_JULY _----' 1997 , by and between the CITY Of KENT, Washington, a Municipal and PUGET SOUND ENERGY, a Washington Corporation Corporation ("City" (the"Company") - RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy and, pursuant to its franchise from the City, currently distributes electricity within the City . t at South B. The City is undertaking a street improvement Program ~ 228 Street as more specifically identified on work order 9752413 ("Conversion Area") - The street improvement program includes the widening of So . 228 from Appox. the 5800 block to the 5300 block of So 228 st . C. The City has expressed a desire to participate with the Company stem within the to cause the existing overhead distribution power sy Conversion Area to be replaced with a comparable underground distribution power system utilizing above ground transformers . D. The parties wish to execute this written contract in the Company' s Electric Tariff G to accordance with Schedule 71 of govern the installation of such a system. PAGE 1 PUGET SOUND ENERGY AGREMMT The Company and the City therefore agree as follows : 1. "Main Distribution System, " "Underground Service Lines, " and "Trenching and Restoration" shall have the meaning set forth in Schedule 71 . 2 . Subject to the availability of equipment and materials , the d install a Main Distribution System within Company shall furnish an n accordance with the Company' s standard the Conversion Area, i specifications . those customers to be sewed by the Main 3 . Upon connection of Distribution System and removal of facilities of any other utilities, which may be connected to the poles of the overhead system, the Company shall remove the existing overhead system (including associated wires and Company-owned poles) of 15 , 000 volts or less within the Conversion Area. 4 . The City shall, at its expense, perform the following within all in accordance with the Company' s the Conversion Area, specifications . (a) Trenching (including shoring, flagging and barricades) and Restoration (including restoration of streets, ' sidewalks and private property) ; and (b) surveying for alignment and grades for vaults and ducts . Other utilities may be permitted by the City to use City-provided trenches for the installation of their facilities so long as such thereof do not interfere with the facilities or the installation Company' s Main Distribution System or the installation or maintenance thereof . PAGE 2 PUG ET SOUND ENERGY (c) The City shall furnish any and all operating rights required by the Company, in a form or forms satisfactory to the Company, to allow the Company to construct, operate, repair and maintain the Main Distribution System within the City right-of-ways in the Conversion Area. The Company may postpone performance of its obligations hereunder until it has been furnished with such operating rights . 5 . The City shall, within thirty (30) days after the completion of the work to be performed by the Company pursuant to paragraphs 2 . and 3 . above, remit to the Company a payment of 30% of the actual costs as determined in accordance with Schedule 71 . Such amount is presently estimated at $157 ,451; provided, however, the foregoing estimated amount is subject to change if : (a) construction has not started within g0 days from the date of this Agreement; or (b) the conversion is not been completed within six months of the mr date of this Agreement; or (c) the City revises its construction plans in a manner which requires a revision of the Company' s construction plans ; or (d) the Company incurs costs to obtain easements pursuant to subparagraph 8 of this Agreement . S14nfKLI'UtTIo&) L4JVCI+ 'tLM fd�Gfz{'T of `o-f" ( LA4IKI*4 AOU 6 . CXhe Company shall own, operate and maintain all electrical facilities installed pursuant to this Agreement including, but not limited to, the Main Distribution System and underground services installed by the Company pursuant to this Agreement . 7 . Except with respect to those customers for which underground conversion is determined not to be necessary, the City shall notify PAGE 3 PUG ET SOUND ENERGY all customers within the Conversion Area that secondary service to such customers must be converted from overhead to underground service. _ Upon the request of any customer, other than a single family residential customer, within the Conversion Area, the Company will remove the overhead system and connect such customer' s underground service line to the Main Distribution System. The parties acknowledge that single family residences within the Conversion Area must provide a service trench, in accordance with the Company' s specifications , from the underground meter base to the point of service provided during the conversion; and pay for the secondary service conductors as defined in Schedule 86 of the Company' s Electric Tariff G. The City shall exercise its authority under RCW 35 . 96 . 050 with respect to owners failing to convert service lines from overhead to underground. t under Schedule 71, the owners of B . The parties acknowledge tha real property within the Conversion Area must provide, at their.._, expense, space for all underground and surface mounted electrical facilities located on privately owned property, and must grant such operating rights as may be necessary to permit the Company to construct, operate, repair and maintain all electrical facilities installed by the Company pursuant to the Agreement. The Company shall provide reasonable assistance in obtaining such operating rights, but shall not be required to bear the costs of any easements . The cost to the Company of any easements on privately owned property which the Company must obtain shall be reimbursed in full by the City pursuant to paragraph 5 above. Such cost shall include, but not be limited to, the actual cost paid for any easement, staff costs (including overheads) of obtaining such easement and the actual cost of any fee, PAGE 4 PUG ET SOUND ENERGY permit, attorney fee, court cost, permit fee or survey fees required by governmental agencies or property owner. 9 . The City shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. The Company shall not be required to install the Main Distribution System until the area in which such System is to be installed has been established to grade. Upon performance by the City of the necessary preliminary work, the City shall give the Company a minimum of ten (10) working days advance written notice requesting the Company to commence installation of the Main Distribution System and shall schedule such construction to minimize interference from the installation of other improvements . 10 . The Company' s performance hereunder shall be commenced within ten (10) working days of the date requested in the written notice pursuant to Paragraph 9 above. The Company shall use reasonable diligence in performing its work hereunder, but shall not be liable for any delays resulting from circumstances beyond its control including, but not limited to, failure to receive necessary operating rights pursuant to paragraphs 4 (c) and S above . The City agrees that work performed by the Company shall be scheduled to avoid premium labor charges to the Company. If the Company mutually agrees with the City that the Company' s normal straight-time eight hour labor day must be changed within the hours of 6 : 00 a.m. to 6 : 00 p.m. , the City must provide sufficient advance notice to allow the Company to provide IBEW Local Union No. 77 with five (5) days advance notice in accordance with the Company' s collective bargaining agreement with the union. Any overtime labor not included in the original estimate but provided by the Company at the request of the City may increase the Company' s project cost which will result in an increased cost to the City. PAGE 5 PUGET SOUND ENERGY 11 . (a) The City releases and shall defend, indemnify and hold the Company harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by, arising out of or in connection with the performance of the City' s duties under this Agreement . During the performance of such activities the City' s employees shall at all times remain employees of the City. (b) The Company releases and shall defend, indemnify and hold the City harmless from all claims, losses, harm, liabilities, damages , costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by, arising out of or in connection with the performance of the Company' s duties under this Agreement . During the performance of such activities the Company' s employees shall at all times remain employees of the Company. i2 . This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company' s electrical Tariff G - . and to Schedule 71 of such Tariff , as such Schedules may be revised from time to time upon approval of the Washington Utilities and Transportation Commission. Any conflict in terms between this Agreement and the Company' s Schedules 71 and 80 of its tariffs shall be resolved in favor of such tariff provisions . 13 . Notwithstanding any provision to the contra n any franchise agreement now in place or subsequently entered into by and the City, in the event the City requires the relocation of any of the facilities installed under this ement prior to the expiration of twenty (20) years r completion of the conversion hereunder, the Cit bear the entire costs of such relocation. PAGE 6 PUGET SOUND ENERGY 14 . .Nothing in this Agreement shall in any way affect the rights or obligations of the Company under any previous agreements pertaining to the existing or future facilities of 115 kV or greater within the Conversion Area. CITY OF ( l PUGET SOUND ENERGY BY BY ITS ITS Date Signed Date Signed ApAroved as to form: PAGE 7 Kent City Council Meeting Date September 2 . 1997 Category Bids 1. SUBJECT:. 108TH AVENUE SE SANITARY SEWER EXTENSION 2 . SUMMARY STATEMENT: The bid opening for this project was held on August 27th with three bids received. The low bid was submitted by VLS Construction, Inc. in the amount of $85, 120. 68. The Engineer's estimate was $87,256. 30. This project consists of constructing a sanitary sewer extension along 108th Avenue SE for City properties. It is the recommendation of the Public Works Director that the 108th Avenue SE Sanitary Sewer Extension contract be awarded to VLS Construction, Inc. for the bid amount of $85, 120. 68. 3 . EXHIBITS: Public Works Director memorandum 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember LLkmoves, Councilmember � )rnSA,- seconds that the 108th Avenue SE Sanitary Sewer Extension contract be awarded to VLS Construction for the bid amount of $85, 120. 68. DISCUSSION: ACTION. Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS ~ August 27, 1997 TO: Mayor 8t City Council FROM: Don Wickstromi� RE: 108th Avenue SE Sanitary Sewer Extension Bid opening for this project was held on August 27th with 3 bids received. The low bid was submitted by VLS Construction, Inc. in the amount of $85,120.68. The Engineer's estimate was $87,256.30. It is the recommendation of the Public Works Director that the 108th Avenue SE Sanitary Sewer Extension contract be awarded to VLS Construction, Inc. for the bid amount of $85,120.68. BID SUMMARY VLS Construction Inc. $85,120.68 Olson Brothers Excavating $93,043.05 RJC, Inc. $98,885.19 Engineer's Estimate $87,256.30 MOTION: Councilmember moves, Councilmember seconds that the 108th Avenue SE Sanitary Sewer Extension contract be awarded to VLS Construction, Inc. for the bid amount of $85,120.68. .................. CONTINUED COMMUNICATIONS A. . ....... ...... R/ J E P O R T S A. COUNCIL PRESIDENT'v �� B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE k G"I'AL 3' 3 l�Vv 1 f D. PLANNING COMMITTEE `f `1 n ✓v} E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES May 27 , 1997 COMMITTEE MEMBERS PRESENT: Jon Johnson, Chair; Leona Orr STAFF PRESENT: Tom Brubaker, Jim Harris, Brent McFall, May Miller, Susan Narick, Kelli O'Donnell, Ron Spang, Sue Viseth MEMBERS OF THE PUBLIC: Linda Johnson- Kent Downtown Partnership The meeting was called to order at 5:30 p.m. by Chairperson Johnson. Approval of 4/30/97 Vouchers Committeemember Orr moved to approve the vouchers of April 30, 1997. Johnson seconded and the motion carried with a vote of 2-0. Kent Downtomm Partnership Quarterly Report Linda Johnson, Executive Director of the Kent Downtown Partnership (KDP), reviewed the Washington State Downtown Revitalization Services report with the Committee noting that the Kent downtown had the most jobs created. In reviewing the report distributed,Ms. Johnson noted this year has the highest grant match. She noted the partnership is working with the Kent Planning Department on the 20 year strategic plan and that the Market has been as full on Sunday as Saturday. During further comments the Committee was informed that the grant application is in the final round and that the partnership will be developing their goals and objectives on the 17th of June. Director of Operations Brent McFall asked if activity in the downtown had increased with the Regional Justice Center Opening. Ms. Johnson responded that it has been mixed with Wednesday the busiest day. She added that it was hoped as more courts open foot traffic will increase and that a walking map is in printing to distribute in the jury rooms, library and City Hall. y Group Health ContractRmmd Employee Services Director Sue Viseth presented the contract noting a 5.26% increase over last years cost which will be absorbed by the self-insured fund. She noted that 10% of the city's workforce utilize Group Health and asked for authorization for the Mayor to sign the Group Health Cooperative contract for 1997. Orr so moved, Johnson seconded and the motion carried 2-0. Raking Services Contract Finance Director May Miller invited Susan Narick to join her in reporting on the item. Miller reviewed the history of the Banking RFP process with the committee noting that two responses were received from U.S. Bank and Keybank. The responses were evaluated by a five member team on 43 items using the criteria of cost, services provided, customer service,technology and a reference check. U.S. Bank had a lower cost of$1,000 per month and references that reported customer satisfaction. Susan Narick reported savings on costs from the previous contract and incentives to move ahead in technology. After further discussion, Orr moved to recommend authorization for the Mayor to sign a five-year banking services contract with U.S. Bank with optional two-year extensions. Johnson seconded the motion that passed with a vote of 2-0. Del Mar Annexation Budeet May Miller reviewed the report distributed with the Committee noting that it was substantially the same as previously reviewed with the exception of a vehicle purchase and census cost adjustments. She stated that the capital fund balance would be utilized for the one time costs with repayment in years two and three. May then reviewed the staffing proposed and the 1999 budget graph on page 3. While reviewing the department costs, May noted the hire dates are staggered due to revenue lags. McFall added that this gives staff the ability to recruit and hire in a more practical time line also. Committeemember Orr questioned the Public Safety Officer hiring status with three vacant positions as of April 30 and 6 more identified to be hired by November. Discussion ensued during which McFall noted the difficulty in recruiting and that one OPERATIONS COMMITTEE MINUTES, CONT. May27, 1997 or two officers hired haven't made it through probation. Orr moved to recommend authorization to establish a budget for the Del Mar Annexation for 1997 per the attached exhibit. Johnson seconded and the motion carried with a vote of 2-0. Added Item: Del Mar Census Planning Director Jim Harris distributed information on the item and reported that he was requesting authorization for the Mayor to sign the census contract for the Del Mar Annexation. He asked that it go on the Consent Calendar of the next Council meeting with the concurrence of the third committee member. Harris noted that this would allow the company that is doing the Meridian Valley Census to begin the Del Mar census on June 8. Orr moved to authorize the Mayor to sign a contract with Robert Scribner to conduct a population census in the Del Mar annexation area for the amount of$38,923.11. Johnson seconded the motion which passed with a vote of 2-0. April Financial Report May Miller reviewed the report with the Committee noting on page 11 the sales tax revenue through April is 38% over budget in the amount of$1,194,850. While reviewing the general fund summary on page 38, May noted that the $1 million will not need to be transferred from the capital fund and it is projected that the fund balance will be increased from 9.1% to the 10% goal identified by Council by year end. May concluded her report with a summary of the capital fund on page 36. Committeemember Orr asked what the status was on the Senior Center Roof. McFall replied that a report will be given at the next Operations Committee as it will probably be done as part of the 1998 budget. He explained that the consultant will make a report on why the bids came in higher than expected and the lost weather window of opportunity. There being no further business, Committee Chair Johnson adjourned the meeting at 4:53 p.m. Page 2 PARKS COMMITTEE MINUTES AUGUST 5, 1997 Council: Judy Woods, Chair; Jon Johnson, Connie Epperly In Audience: Leona Orr, Tim Clark Staff: Jim McDonald, Lori Flemm, John Hodgson, Pete Petersen, Tracey Wickersham, Lori Hogan, John Hillman, May Miller Teri Petrole-Stump Citizens: (Those signed in). Dell Durden, Greg Worthing, Ron Coleman, Ron Hagen, Mike Coury, Doug McArthur, Rod Saalfeld, Mathew Erlich, Edward Lube, Jim Stone, Shirley Stone, Brett Wilkerson, Donovan Rivers, Joseph Drake Glass Artwork Installation for Centennial Center: Cultural Arts Program Coordinator Jim McDonald presented a model of the proposed art work for the lobby of the Centennial Center. Artist Norman Courtney was chosen by public jury to design and construct this glass art piece. Jim explained that Norman Courtney's creation was chosen for its uniqueness. The artist based his theme on the City of Kent and its rich cultural history by using the concept of a Japanese rock garden. The enclosure uses glass and lighting, composed of cast glass and welded steel. The back-drop is made of 150 different glass tiles, creating a prism look. The artist plans to treat the existing barrel vaulted ceiling with a silver leaf overhang, which reflects off of the cast glass, creating an extraordinary reflective effect. Two large crystal-looking rocks sit inside this translucent structure, also reflecting off of the cast glass tiles and the silver leaf overhang. Council member Epperly moved, Council Member Johnson seconded, and motion carried to accept Artist Norman Courtney's public art proposal for a glass artwork installation placed in the Centennial Center with a budget of$75,000. Mary Lou Becker Memorial Scholarship Fund: Superintendent Lori Hogan shared that the recent passing of long-time city employee Mary Lou Becker has inspired an outpouring of contributions sent to the Resource Center in her memory. The goal is to create a scholarship fund in Mary Lou's name that will provide financial assistance to participants of specialized recreation and youth/teen programs. Council member Johnson moved, Council member Epperly seconded, and motion carried to amend the 1997 budget and future budgets to reflect a revenue line for and an expenditure line dedicated to the Mary Lou Beck Memorial Scholarship Fund. Tree Removal and Replacement: Superintendent of Planning & Development Lori Flemm reported that Puget Sound Energy (PSE) has identified 214 trees growing under, or around overhead power lines in Kent, creating a dangerous situation for the citizens of Kent and interruption in service. PSE has proposed to remove these trees Page 1 and provide the City with replacement trees that will not cause a continued threat. Staff will coordinate with Public Works on their sidewalk/tree replacement program and PSE to perform the necessary cutting over a five year period. Council member Epperly moved, Council member Johnson, and motion carried to accept the replacement proposal from Puget Sound Energy to prune or remove 214 trees in the City of Kent on an as-needed basis to be implemented over a five-year period. Riverbend Golf Complex Management Contract: John Hodgson reviewed the history of the RFP process for the Riverbend Management contract . He announced that four proposals were received from local golf management firms. A committee comprised of citizens was organized to interview the proposers on July 31. Council member Johnson, Chair of the interview committee, commented that the interviewing began at 8:00 a.m. and ended in discussion at 6:00 p.m. The result was a tie vote between S.S.M.D. and Golf Resources. Council member Johnson suggested that the Parks Committee negotiate with both parties. He added that the process was good and very fair. John Hodgson also suggested conducting further research on both firms, including background checks, and come up with a final choice, in an objective way. Council member Epperly shared that other Council members feel they should have the final vote. She agreed that further information on both firms should be gathered and both proposers should present to the Council for a final decision. John Hodgson proposed his outline to process the Riverbend Golf Complex Operation Services proposals. He recommended starting with negotiating with both firms. He also suggested comparing the proposals with the RFP, review the sub contractor's commitments, hours of operation;and staffing levels. Review their merchandise standards, special performance standards, and capital improvements. John asks Council consider what happens if the revenues are under? How do we set a standard? Right now the City picks up the bill. Council member Jon Johnson conveyed the Interview Committee's recommendation to increase fees at Riverbend Golf Complex because they are not comparable to other golf courses, equivalent to the Riverbend Golf Complex. Council member Jon Johnson stated that staff should make sure the bonds are paid off, and the City needs to look ahead, beyond when the bonds have been paid off. For example, many companies have expressed interest in purchasing the golf course; this should be explored. By unanimous vote, the committee moved to begin negotiations with S.S.M.D. and Golf Resources, and have staff provide information to Council in September. Depending on the time frame, John Hodgson feels it is essential for Council to read the portfolios from Golf Resources and S.S.M.D and examine their presentations at a City Council meeting. John then asked for clarification of the action proposed for that Page 2 evenings City Council meeting. Chair Woods responded that it will be placed in 'Other Business' on the agenda. Jim Stone, representing S.S.M.D. said this process may look OK on the surface, but he w feels privileged information has been exposed and would rather the RFP and presentation be given to Council in its present form. John Hodgson and Council member Epperly assured Mr. Stone that the Council presentations will involve the same information as in the interview. John felt the proposers should be compared side by side and expound on each topic. Assistant Attorney Tom Brubaker explained that John Hodgson was asking to organize the information presented at the interview. Tom added that if either proposer wants some information withheld, they need to contact his office and let him know. He then clarified that each RFP and it's process, is defined by each project and created individually. He added that the City has flexibility in structuring the next step in the RFP process. Reverend Donovan Rivers asserted that he is acting as liaison to Mayor White and City Council working on cultural diversity and sensitivity training. He referenced the sensitive nature of this RFP and voiced his displeasure with the RFP process and felt it had been unfair. Dr. Joseph Drake asked Tom Brubaker if his previous statement was a personal opinion, or professional opinion. Tom responded that in his professional opinion the City has no statutes governing an RFP standard, or a required process. Tom invited Dr. Drake to his office to read the statutes. Dr. Drake agreed to go after the meeting. Council member Johnson commented that in his 20 years on City Council, this was the first time for such coverage from press and public on an RFP. He wondered why there has been so much interest in this RFP; why it is under more scrutiny than any other RFP the City has advertised. The Parks Committee unanimously voted to have S.S.M.D. and Golf Resources present at the City Council the end of September, and have City Council decide which firm will be awarded the contract. Jon Johnson closed the meeting by complimenting the Parks and Recreation staff on their successful efforts with the Little League baseball program and other recreational activities. Meeting adjourned 6:00 p.m. Page 3 RIVERBEND GOLF COMPLEX OPERATION SERVICES PROPOSALS FINALISTS: S.S.M.D. INC. GOLF RESOURCES NORTHWEST ITEM 1: Negotiate with both Companies ITEM 2: Evaluate Proposals in Comparative Manner • Benchmark Proposals to RFP • Sub-Contractor Commitments • Hours of Operation • Staffing Levels/Experience - Prime/Non-Prime - Work Areas • Merchandise Standards • Specific Performance Standards • Proposer Capital Improvements - What/When • Price/Management Fee • Financial AnalysisNendor Credit ITEM 3: Timeline (tentative) August 5: Park Committee • August 14: Information from Proposers to assist with negociations • August 26-29: Negotiate with Proposers - Option A = RFP Benchmark Comparisons (1 day each) - Option B = Benchmark + price (2 days each) • *August 29: Presentation • *Tentative, based on Review Team OTHERISSUES • Debt Payment Options - Fee Increases - CIP Participation • Catering Surcharge for Tournament Tent • Contract Compliance Oversight BRENDA JACOBER (Please put in Council agenda CITY OF ��� packet) w-- Jim White, Mayor Planning Department (253)859-3390/FAX(253)850-2544 James P. Harris,Planning Director CITY COUNCIL PLANNING COMMITTEE MINUTES August 6, 1997 Planning Committee Members Present: Leona Orr, Chair Tim Clark Christie Houser(substituting for Jon Johnson) Plannin�f James P. Harris, Planning Director Fred Satterstrom, Planning Manager Linda Phillips, Planner Teresa Beener, Administrative Secretary DOWNTOWN STRATEGIC ACTION PLAN - (L. Phillips) The City's consultant, John Owen of MAKERS, explained what a strategic action plan is. He explained that the strategic action plan is intended to make things happen in downtown Kent. It's a development plan; a way of shaping development. Mr. Owen explained that the Department of Community Trade and Economic Development (DCTED)has recognized that there is a problem in the urban centers. He explained that the overall state growth management plan is relying on urban centers to grow and that is tough to do. He stated that there are lots of impediments to good strong solid responsive growth in the core areas of our communities. DC,ED recognized the difficulties and has given the City of Kent a grant to develop a strategic action plan. One of the key elements of the strategic action plan is that it integrates both the State Environmental Policy Act (SEPA) and the permit review processes. The state is trying to implement the City's vision into the daily permitting procedure. Kent is a leader in this and is one of two or three projects that the state has decided to focus on and carry forward as an example to other communities. The strategic action plan contains a vision as a general statement of wants and objectives, and recommends specific zoning,land use,transportation,urban design, streets, and parks using zoning ordinances and other programs. These can be a joint partnership with the development community or cultural programs. That is what is in a strategic action plan. �- This helps the development proposal in many different ways.'The project review process would have a regulatory review to ensure it meets buildha and zoning codes, other city and state 1 220 4th AVE SO /KENT WASHINGTON 98032-5895/TELEPHONE (2064".3300 I FAX 0 859-3334 City Council Planning Committee Minutes June 17, 1997 regulations such as SEPA, and capital infrastructure requirements to make sure that the project does not create a burden on other parts of the downtown or other parts of the community. The developer may be required to provide infrastructure improvements to mitigate for expected impacts. The strategic action plan takes the objectives from the introduction,and these concepts help to allow a much more flexible regulatory review. One item that may come out of the plan;is some design guidelines which is.a more effective way of achieving the City's objectives in permit review. Going back to SEPA,the plan anticipates different kinds of projects that might come in. If these projects do come in and they comply with the plan, it saves the city from going through an additional SEPA process. It is a little complicated as to how the different departments work, but it really streamlines the permitting process and benefits both the city and the applicant. It also identifies capital infrastructure needs. The plan has identified some of the things that need to be done to make sure that as development comes it fits in with the overall plan and does not place a burden on other parts of downtown. It should be a big benefit not only to the City but other proponents here as well. It is important not to lose sight that this is a good solid operational plan. Mr. Owen explained how the plan was organized. He explained that the supplemental EIS compliments the Comprehensive Plan EIS. It describes the implementation, the impacts, and the mitigation(what needs to be done to make sure that a particular development project or public action doesn't cause impact or harm to other entities). Committee member Tim Clark asked for an example of how the plan would work. Mr. Owen explained that if someone wanted to come in with a movie theater complex it would usually require a traffic analysis and a review of impacts to neighboring land use and land values. The developer may be required to put in a traffic light or a left turn lane. In the strategic action plan,these issues have already been considered and the infrastructure that may be needed for the different development projects, whether they are public or private, have already been integrated in the plan. Instead of having a case by case look at public infrastructure,it is done on a more planned base(strategic way). Planning Director Jim Harris explained that as development comes in for downtown, the new strategic plan would have the mitigation devices in place. The developer would not be required to go through a lengthy SEPA process. A shortened process will be developed. Mr. Clark commented that we have to be very careful about the master plan. Mr. Harris explained that this is why the cost figures are so important. Mr. Owen remarked that there are also some geographically strategic elements of the plan. He explained that the individual actions in the plan are built to work together to accomplish certain goals. Mr. Owen explained some of the issues that are directly effecting the downtown. He stated that based on Greg Easton's report downtown Kent has a strong diverse economy a good base on which to grow. He commented that some of the things that don't work as well with the downtown is the 2 City Council Planning Committee Minutes June 17, 1997 RJC and the Commons park are separated by barriers. It is hard to walk between features in downtown. They are not visually linked. The downtown uses tend to be separate. Mr. Owen explained that healthy downtown's aren't cut up, and they tend to focus more on getting around by foot. Another issue is there are certain areas which are less than attractive. These areas tend to be the gateways into downtown. These gateways leave a lasting impression to the general public. Mr. Owen explained that the plan tries to link some of the new activities and the Commons park. He commented that the plan tries to bring the areas together with an all-way cross, the performing arts center, and the improvements to the parks. The plan focuses on improvements through design guidelines, gateway improvements, and public infrastructure on the outlining areas. A strong emphasis is placed on Central Avenue. Mr. Owen stated that there is a hole at the Borden site because the plan does not.consider redevelopment of this property. He commented that in the long term, the Borden site will be one of the premier sites in an urban area in South King County. Mr. Owen explained that a very important implementation aspect of the plan is the design guidelines. This will allow the City to carefully shape the development of downtown. Mr. Owen presented some conceptual sketches to illustrate same of the improvements proposed and some design guidelines. Mr. Owen explained that with better design guidelines and streamlining the permit process the chances of getting higher quality residential development particularly in the south core will be much greater. Developers will come in,who are comfortable with working with a community that cares about the character and specifies design quality, but is also responsive and efficient in terms of the design review. Planner Linda Phillips presented the Committee with preliminary conceptual drawings for gateway designs. Ms. Phillips explained that the downtown gateways are being considered in the capital improvement budget this year. The downtown gateways include entry portals at SR-167, intersection designs, lighting,and directional features. Ms.Phillips discussed the cost breakout. Committee member Tim Clark voiced his concern with an already cluttered landscape with existing buildings and the difficultly with identifying landmarks. He commented that the City is trying to create something that is be pedestrian friendly. Ms. Phillips explained that the portal designs are automobile oriented. She explained that the sketches are very preliminary and there will be a design phase. Mr. Harris explained that the portal designs will be placed on the side of SR-167 so when you come under the freeway you see the entry. 3 City Council Planning Committee Minutes June 17, 1997 He explained that the freeway will be landscaped on each side as it has in the past. Mr. Harris explained that this concept will not be all over downtown;just at the freeway underpasses. Mr. Harris discussed the all-way cross at Fourth and Smith. He explained that people coming from the RJC at noon have to wait along time to cross. Mr. Harris explained that the gateway lighting proposed is similar to what is already located on First Avenue. The original lights from 1900 were used as a model. Mr. Hams explained that this is a preliminary sketch. He commented that if the City wants to have gateways we need something bold and we need to spend some money. He explained that this would be put out over the capital improvement program over a period of time. This would not be a one year program. Mr. Clark questioned whether staff had considered a unified architectural design that could be utilized by the RTA. Mr. Harris explained that this issued would be discussed with the RTA. Mr. Clark strongly suggested some direct correspondence with the RTA. He explained that the City is trying to establish an identity and the RTA should try to incorporate this into their plan whenever possible. Ms. Phillips explained that the Public Works Department was reluctant to give any cost estimates for bicycle paths. She explained that James Street has had some recent improvements and bicycle paths have been added. She commented that Meeker,Saar,and Kennebeck has no extra right-of-way and may end up with an extra wide sidewalk in order to try to accommodate some bicycle traffic. Mr. Clark questioned whether Planning was aware that the City Council was considering a proposal to make downtown a free bicycle zone. Ms. Phillips stated that Planning was not aware of this proposal. Mr. Clark explained that the City Council has been working on this proposal with the Public Works Department. Mr. Harris stated that this is something that should be integrated into the downtown plan. Mr. Clark explained that the Council has basically signed off on the concept. Clark asked to adopt a free bicycle zone element into the downtown strategic plan. Mr. Harris suggested adding this element to the final recommendation. Ms.Phillips discussed the"town square"park. She explained that this although a very detailed plan . is still conceptual. She stated that the park should be integrated with the performing arts center. The Parks Department developed a preliminary cost estimate of$520, 160 which includes demolition '. costs, earthwork, utilities, concrete, landscaping, fountain, engineering costs and contingency. Ms. Phillips explained that this again is a very preliminary estimate but the cost does include some of the amenities that are envisioned in the plan. A. Ms.Phillips explained that the Public Works Department has provided street improvement estimates_ These estimates can be added to the plan and used with a planned action ordinance. This will provide the information necessary to streamline the permit process. She explained that the estimates for street improvements include sidewalk costs, full surface improvement, lighting, street tree 4 City Council Planning Committee Minutes June 17, 1997 improvements, and landscaping. In the case of Smith, it includes straightening out the curve if the station is placed in the north location. Mr. Harris commented that the City has made strong commitments to the downtown over the years in regard to infrastructure (sewer, water, street trees and new pavement). Mr. Harris stated that if the City is going to develop downtown in the manner that is being planned the City will have to be willing to put money into the downtown. Mr. Clark commented that he supports the concept of the performing arts center but does not support a specific site location for it. He suggested developing the area on Smith between Second and Fourth into a community plaza. Mr. Owen explained that the downtown plan suggested incorporating a community plaza into the performing arts center design possibly in conjunction with the library setting. He commented that this is a very important need. Chair Leona Orr asked Ms. Phillips to briefly discuss the high points of each district. Mr. Clark stated that the plan should address bicycle parking. Ms. Phillips identified the districts on the map and briefly summarized each district. Central Avenue Corridor District. Street improvements(sidewalks and improve walking environment along Central), a detail study of the area, streetscapes improved, and gateways. Historic District. Enhance the historic architectural character,pedestrian improvements,and design guidelines tailored for the historic district. South Frame District. Good residential area, some sites still redevelopable,good relationship of buildings to streets,quiet, good area for housing to develop. Parking and street improvements that may include more angled parking. West Frame District. Improve Nadan Avenue,add an access into the area from Willis,connect the Interurban Trail into the downtown on Willis,Meeker,and James. Committee member Tim Clark commented that James will be excessively cluttered with arterial traffic. He would like to see either Willis or Smith developed as bicycle friendly to promote an alternative form of transportation. Mr. CIark remarked that the Interurban Trail is a great value and will become a bigger asset when it's expanded into the downtown. 5 City Council Planning Committee'Minutes June 17, 1997 Mr. Harris commented that the Land Use and Planning Board recommendation for area north of James Street between Fourth and Fifth stopped at Cloudy. He explained that the plan recommends that the area include three parcels north of Cloudy where the multifamily zoning designation begins. Ms. Phillips explained that the downtown plan recommends limited office for the North Park area just north of James. The limited office would act as a buffer between the single family residential. area and the increased activity on James. Mr. Harris commented that it is important to know that the Land Use and Planning Board did not recommend a rezone for this area. They recommended that the area remain single family residential. Chair Orr opened public testimony. Jim Bitondo, 106 E. Titus Street. Mr. Jim Bitondo is a business owner in downtown Kent. Mr. Bitondo is representing the Downtown Partnership. He commented that it seemed that the commuter rail station location was carefully avoided this evening. Mr. Harris explained that the Land Use and Planning Board did not make a site recommendation for the commuter rail station instead, they recommended a detailed comparison for both the north and the south site. Chair Orr commented that the RTA has the final say. Mr. Bitondo commented that the plan is based on many generalities and few specifics. The location of the commuter rail station was one of the specifics. He commented that when the recommendation was made to place the station in the north location a lot of citizens came forward in support of the south location. The railroad currently owns the property where the historical station is located. Mr. Bitondo stated that the location meets the needs of the RTA and would better benefit the pedestrian traffic for downtown. Mr. Bitondo discussed the possibility of adding a parking garage with retail on the first floor. The garage would house 550 cars and would be centrally located. He presented the Committee with several conceptual drawings to illustrate a plan alternative. Chair Orr commented that she supports the parking structure concept. She believes that the structure will pay for itself. Linda Johnson,Kent Downtown Partnership,P.O.Box 557. Ms.Linda Johnson represents the Kent Downtown Partnership. Ms.Johnson commented that the KDP has concerns with turning the North Park area into a commercial district. She commented that there are already so many areas in downtown that is divided or sectioned off. There is a problem with connections. Ms. Johnson ' commented that the downtown hasn't filled up yet and it may be premature to add new commercial nodes. She would like the board to consider waiting until changes happen in the downtown before selecting new commercial areas. 6 City Council Planning Committee Minutes June 17. 1997 Ms. Johnson commented that the performing arts center design is expected to give a plaza feeling and takes into consideration the pedestrian amenities in the area. Carol Schneider,232 S. Railroad Avenue. Ms. Carol Schneider represents the St. James Thrift Store. Ms. Schneider stated that the thrift store has been in their current location for a long time. She commented that the consultants and the Planning Department spent a great deal of time on an analysis between the north and the south commuter rail locations and the Council should go along with their recommendations. Ms. Schneider stated that it seems like an awful waste of money if the City paid a consultant to study the best location for the commuter rail station and the City ignores the recommendations. Ms. Schneider stated that the St. James Thrift Store supports the Kent food bank, Kent suppers, Catholic Community Services,and the Kent Police DARE program. All the money that is collected from the thrift store is put into community charities. Ms. Schneider remarked that the thrift store does not have the money to relocate. Ms. Schneider asked the Committee to go with the recommendation made by the consultants and the staff. Pam Newcomer, 839 Third Avenue North. Ms. Pam Newcomer asked that the Committee consider the Land Use and Planning Board's recommendation not to rezone the area located north µ of James and east of Fourth Avenue in Northpark. She commented that Northpark is a vital neighborhood and she would like to see it stay that way. Ms.Newcomer supports the performing arts center but would like to see a bigger center proposed. She does not believe that the size being proposed will be nearly big enough. She would like to see a great big center that could bring in top name entertainers. Hugh Leiper, 815 Reiten Road. Mr. Hugh Leiper discussed a plan for developing a three story mall in downtown Kent. He suggested a seven story parking structure at Smith and Second and a six story parking structure north of Smith with a bridge between both parking structures and the mall. Mr. Leiper suggested building a$175,000,000 cultural arts center as part of the project. Jack Lehrkind, 220 S. Railroad. Mr. Jack Lebrkind is a business owner in downtown Kent. ' +� Mr.Lehrkind stated that it would be a hardship for him to relocate his business. He commented that there is a real traffic concern with the south commuter rail station location. For those reasons,he supports the north location. h Mary Anderson,25838-68th Avenue South. Ms. Mary Anderson supports the idea of utilizing the historic train station that is already located in the south location. She commented that the north location does not lend itself to the casual traffic that the merchant community seems very concerned with. 7 City Council Planning Committee Minutes June 17. 1997 Keith Minkler,338 First Avenue South. Mr.Keith Minkler commented that placing the commuter rail station in the south location is ridiculous. Mr. Minkler stated that the RTA is not considering benefits for the downtown merchant. The commuter rail is way to get people off the freeway and on to the tracks to ease the congestion on the road. He commented that a side benefit could be for the merchants. Mr. Minkler supports the north commuter rail station location. John Dahll, 805 Crest Avenue. Mr. John Dahll supports the Land Use and Planning Board recommendation to add parking along Fifth Avenue for the Commons Park. He commented that adding parking for the Commons park along Fifth Avenue is ideal. J. R. Schneider,232 S. Railroad Avenue. Mr.Joe Schneider represents the St. James Thrift Store. Mr. Schneider questioned whether renters would be assisted if they are made to relocate because of the commuter rail station. Chair Leona Orr stated that this item will be continued to the regularly scheduled Planning Committee Meeting on August 19 at 4:00 p.m. Committee member Tim Clark discussed several ideas for portal themes. He suggested high tech, medieval, farming/hops and a combination of themes and polled the audience for their preference. They overwhelmingly preferred a combining all the different themes. ADJOURNMENT The meeting adjourned at 8:58 p.m. ;, a 8