HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/16/1997 City of Kent
City Council Meeting
Agenda
CITY OF
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Mayor Jim White
Council Members
Christi Houser, President
Jim Bennett Jon Johnson
Tim Clark Leona Orr
Connie Epperly Judy Woods
September 16, 1997
i
Office of the City Clerk
CITY OF/0-KIIH 11
maunm 1e,. SUMMARY AGENDA
KENT CITY COUNCIL MEETING
September 16, 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 - Cub Scouts
ROLL CALL
1. PUBLIC COMMUNICATIONS
/A. Report from King County on Regional Justice Center
,�t. Proclamation - Constitution Week
C Proclamation - National Payroll Week
2. /PUBLIC HEARINGS
1998 Community Development Block Grant Program
Meridian Valley Annexation Zoning and Area Comprehensive Plan
Amendments
3. CONSENT CALENDAR
-,K. Approval of Minutes
Approval of Bills -
CM-1 District Regulations - Ordinance
Q .a-- Gambling Tax Code Amendment - Ordinance
Human Services Two Year Funding Cycle - Approval
Charge in Lieu of Assessment - Approval
p! Downtown Free Bicycle Zone - Approval
— Downtown Traffic Patterns Task Force - Approval
Freight Trains Warning Sign - Approval
DSHS Discovery Grant, Specialized Recreation -
Acceptance
�K. Puget Sound Urban Resources Grant, Youth/Teen Program -
Acceptance
/L. King County Landmarks & Heritage Grant, Bereiter House
Restoration - Acceptance
--M. CDBG Grant, Flood Relief Funds for Springwood Park
Trail - Acceptance
-4t: Fee-in-Lieu Funds, Kiwanis Tot Lot 04 - Appropriation
)Or' , Clark Lake Wetland Mitigation Agreement - Approval
,,Z East Hill Park Expansion Funding - Approval
.� Donation of Morrill Property Value - Acceptance
eR: 3rd Avenue Traffic Restrictions and Loading Zone - Ordinance
/2' Del Mar Annexation Zoning and Area Comprehensive Plan
Amendment Set Hearing D tee
�" Goumc,t � l A $� w>Lett
4. OTHER BUSINESS
_kA Puget Sound Energy Underground Conversion Agreement - Authorization
5. BIDSa-T'/�n-V_� / �
,k Central Avenue South & Pioneer Street Traffi
Signal System /�/Q/VLAri Ctka-44-
Interurban Trail Signals
, ,� 7�Q .
6. CONTINUED COMMUNICATIONS
7. REPORTS
*****EXECUTIVE SESSION - PENDING LITIGATION
8. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City
Clerk's Office and the Kent Library.
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.
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) Report from King County on Regional Justice Center
B) Proclamation - Constitution Week
C) Proclamation - National Payroll Week
Kent City Council Meeting
Date September 16. 1997
Category Public Hearinas
1. SUBJECT: 1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
2 . SUMMARY STATEMENT: This date has been set to consider the
adoption of the proposed 1998 Community Development Block
Grant (CDBG) Program, including the contingency plans for
estimated entitlement changes, as recommended by the City
Council Planning Committee.
3 . EXHIBITS: Memo, 1998 proposed CDBG funding schedule, staff
analysis report, and Planning Committee minutes of September 2,
1997
4 . RECOMMENDED BY: City Council Plannina Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
OPEN HEARING: `'
PUBLIC INPUT. u ( �
CLOSE HEARING: I�N
7 . CITY COUNCIL ACTION:
Councilmember Cw moves, Councilmember o-oyoseconds
to adopt the 1998 CDBG Program, including the contingency plans
for estimated entitlement changes, as recommended by the City
Council Planning Committee.
DISCUSSION: `-
ACTION:
Council Agenda
Item No. 2A
PROPOSED City of Kent
1998 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
Total Estimated Capital Funds: $ 383,932
Total Estimated Planning&Administration Funds: $ 67,455
Total Estimated Public (Human) Service Funds: $ 7,579
Total CDBG Funds: $ 5239966
Capital Applications Requested Recommended
City of Kent Home Repair Program $236,943 $236,943
City of Kent Parks & Recreation: Turnkey Park, ADA 50,000 60,000
City of Kent Parks & Recreation: Russell Road Park,ADA 38,000 38,000
Easter Seals: Rental Access Modification 18,989 18,989
King Co Housing Authority:Shelcore Emergency Housing Rehab 30,000 30,000
Elderhealth Northwest: Rehab 20.000 — —
Total Capital $393,932 $383,932
Public(Human) Service Applications Requested Recommend
Community Health Centers: Primary Medical $ 25,000 $ 18,877
~ Community Health Centers: Natural Medicine Clinic $ 15,000 $ 5,087
Elderhealth Northwest, Connection Adult Day Care $ 5,500 $ 5,595
Emergency Feeding Program $ 10,638 $ 10,822
YWCA: Domestic Violence Housing $ 32,090 $ 32,198
Fair Housing Center of South Puget Sound $ —5,00 $ —= -
Total Public (Human) Services $ 93,228 $ 729579
Planning &Administration $ 67,455 $ 679455
TOTAL CDBG FUNDS $ 5239966
1998 Human Service Contingency Plan: If Kent's CDBG Human Services dollars increase from the current
estimate,then each program's funding will be increased proportionately. If Kent's CDBG Human Service dollars
decrease from the current estimate then: Each program's funding will be decreased proportionately with the
exception of the Community Health Center, Natural Medicine Clinic which will not be reduced below the
minimum funding level of$5,000.
1998 Capital Contingency Plan: If Kent's CDBG Capital dollars increase from the current estimate then
that increase will be carried over into 1999 funding. If Kents CDBG Capital dollars decrease from the
current estimate then: First: City of Kent, Turnkey Park will be reduced to the requested amount. Second:
King County Housing Authority, Shelcore Emergency Housing will be reduced up to $5,000. Third: Further
decreases will be distributed proportionately among all programs.
CITY OF JE�M
Department (206) 859-3390/FAX (206) 850-2544
Hams, Planning Director
Jim White, Mayor
V.jJames
September 16, 1997
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: CAROLYN SUNDVALL, PLANNER
SUBJECT: 1998 PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM
Attached is the proposed 1998 Community Development Block Grant (CDBG) Program for the City of
Kent. The total proposed program is estimated at $523,966. This is a 9 percent ($52,297) decrease
from our 1997 CDBG funding level of$576,263. The decrease is a result of an overall decrease in the
projected federal entitlement.
A description of each program requesting Kent's CDBG funds and the rationale for the recommended
funding is attached for your review. The Human Services Commission reviewed the CDBG human
(public) service applications. The attached proposal includes the Commission's funding
recommendations for those human services programs. As in past years, the majority of the CDBG
funds are recommended to support the City's Home Repair Services Program. This program continues
to serve many low-income, disabled and senior homeowners in Kent by providing needed repairs. The
program also guarantees that some of Kent's low- and moderate-income housing stock is maintained
and preserved.
Keep in mind that Kent's CDBG entitlement figure of$523,966 for 1998 is an estimate. The amount
of money we receive could change depending upon the final federal appropriations bill Congress passes
in the Fall. Therefore, the recommended funding includes a contingency plan to address any potential
entitlement changes that may occur when Congress adopts the 1998 budget. Kent's adopted 1998
CDBG Program must include such a contingency plan and be forwarded to King County by September
30, 1997.
On September 2, 1997, the Planning Committee approved the attached proposed 1998 CDBG Program
and its Contingency Plan.
Recommended Action
1. Approve the proposed 1998 Community Development Block Grant (CDBG) Program, including
its contingency plan.
CS/mp:users\carolyn\98pgrm/cc
Attachments
cc: James P. Harris, Planning Director
Lin Houston Cashman, Human Services Manager
Fred Satterstrom, Acting Planning Director
1998 Proposed CDBG Program
September 16, 1997
,.. Page 2
Rationale:
This project will provide accessibility for the non-ambulatory population. Turnkey Park is adjacent
to Valli Kee Housing, an East Hill low income housing complex. In addition,the project will enhance
recreational opportunities in a low and moderate income neighborhood.
3. CITY OF KENT PARKS AND RECREATION DEPARTMENT
Russell Road Park Handicapped Accessibility Rehabilitation
Amount Requested: $38,000
Program Summary:
This existing park will be rehabilitated to create handicapped accessibility by installing concrete
plazas for barbecue grills,demolishing curbs along the play equipment and expanding the play area.
The plazas will provide access to the play equipment for the non-ambulatory population community-
wide, since this park serves the entire community.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Staff Funding Recommendation: $38,000
This project may receive a decrease in funds as noted in the Capital Contingency Plan.
Rationale:
This project would provide funding for part of the improvements to the play area allowing
community-wide access for physically challenged persons, including children.
4. EASTER SEALS SOCIETY OF WASHINGTON
Housing Modification for People with Disabilities
Amount Requested: $18,989
Program Summary:
This project will provide residential access modification to low income renters who live
with a permanent disability, increasing client self-sufficiency.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Staff Funding Recommendation: $18,989
This project may receive a decrease in funds as noted in the Capital Contingency Plan.
Rationale:
This project serves physically challenged residents of Kent residing in rental housing. The project
specifically addresses a City of Kent local program priority to provide access modification for
physically challenged individuals.
PROPOSED CITY OF KENT
1998 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
STAFF ANALYSIS
CAPITAL PROJECTS
1. CITY OF KENT HOME REPAIR SERVICES PROGRAM
Amount Requested: $236,943
Program Summary:
The City's Home Repair Program provides major rehabilitation, minor repairs, and house painting
services to income eligible owner-occupied houses and mobile homes located within the City of Kent.
The proposed 1998 program includes a summer painting program with two temporary painter
positions. The CDBG funds will pay the salaries of our home repair staff(who do the actual minor
repairs, coordinate major repair works, and administration of the program), a temporary summer
painting crew, supplies for minor repairs, vehicle rental, contractor fees for major repairs, and
miscellaneous administrative fees. One Home Repair Specialist benefitted position will be increased
from three to four days per week (from .6 to .8 position change) beginning June 1st, to address the
increased demand for services.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Staff Funding Recommendation: $236,943
This project may receive a decrease in funds as noted in the Capital Contingency Plan.
Rationale:
The City should continue its commitment to the Home Repair Program which has operated in the City
since 1975 when the Federal CDBG program began. The program serves 100% low and moderate
income Kent residents. Many of the clients are seniors or disabled persons; the program helps these
people remain in their homes and helps to maintain and preserve Kent's housing stock.
2. CITY OF KENT,S PARKS AND RECREATION DEPARTMENT
Turnkey Park Handicapped Accessibility Rehabilitation
Amount Requested: $50,000
Project Summary:
The proposed funding would be used to rehabilitate an existing park, incorporating the installation of
handicapped accessible concrete entrances, new gating, concrete picnic area pads and plaza with new
tables, concrete pathways, and a concrete curb for the play area.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Staff Funding Recommendation: $60,000
The additional $10,000 will fund a Swing set with a fibar ground material and concrete curbing.
This project may receive a decrease in funds as noted in the Capital Contingency Plan.
1998 Proposed CDBG Program
September 16, 1997
�. Page 4
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Staff Funding Recommendation: $67,455
Rationale:
The Council has already taken action at its May 6, 1997 meeting to accept the maximum set aside for
Planning and Administration CDBG dollars. The current estimate is $67,455. We need this amount
to be set aside for planning and administration, because Kent's general fund does not fully cover the
staff time needed to administer and plan for the CDBG program.
PUBLIC (HUMAN) SERVICES
You will note that some of the funding recommendations exceed the requested amount. This is due to the
City receiving notice of award of additional funds subsequent to the Human Services Commission
adopting its recommendations. These extra dollars were allocated to the programs based on the
�. Commission's adopted Contingency Plan.
7. COMMUNITY HEALTH CENTERS OF KING COUNTY- Kent Clinic Services
Amount Requested: $25,000
Program Summary:
Funds will be used to help support the compensation of one physician, who will provide primary
medical care to low and moderate income people at the Kent Clinic.
Local and Consortium Policies and Priorities:
The project meets all local and consortium policies.
Human Service Commission Funding Recommendation: $18,877
If Kent's CDBG Human Service dollars increase or decrease from the current estimate then
funding for this program may change. See final page for details.
Rationale:
Health care is a critical need in Kent. The Kent Clinic is the major point of access to medical
services for Kent's low income population. Access to basic medical services is limited for low and
moderate income residents because of lack of insurance and the lack of medical providers who
accept Medicaid or Medicare clients. This project addresses that need.
1998 Proposed CDBG Program
September 16, 1997
Page 3
5. KING COUNTY HOUSING AUTHORITY
Shelcor Emergency Housing
Amount Requested: $30,000
Program Summary:
This project will rehabilitate an existing emergency housing project for low income, homeless
families. The scope of work includes installation of new roofs and gutters, repair of ceiling and wall
damage, as well as various other repairs and refurbishment.
Local and Consortium Policies and Priorities:
This project complies with all local and consortium policies.
Staff Funding Recommendation: $30,000
This project may receive a decrease in funds as noted in the Capital Contingency Plan.
Rationale:
This project will ensure a healthy and safe environment for residents of Shelcor Emergency
Housing who are low income, homeless families. Shelcor Emergency Housing is located in the
City of Kent and provides eight two-bedroom apartments. Project also leverages funds from other
sources.
1998 CAPITAL CONTINGENCY PLAN
If Kent's CDBG Capital dollars increase from the current estimate, then that increase will be carried over
into 1999 funding. If the City receives a decrease in its CDBG capital funds from the current estimate
then: First: City of Kent Parks Dept. Turnkey Project will be decreased up to the requested amount.
Second: King County Housing Authority Shelcor Emergency Housing would be reduced up to $5,000.
Third: Any additional decrease would be distributed proportionately among all projects.
PLANNING & ADMINISTRATION
6. CITY OF KENT PLANNING AND ADMINISTRATION (for the CDBG program)
Amount Set Aside: $67,455
Program Summary:
The planning and administration of the CDBG program involves a number of tasks such as contract
development and monitoring, regional cooperation, and fulfilling the various federal reporting
requirements. These dollars will fund a regular full-time planner position and a temporary intern
position. Currently, this planner position(works full time) is funded 60% out of CDBG and 40% by
general fund through a job share position. The job share is to discontinue in 1998 and it is
recommended that CDBG funds pay for 100%of the Planner's position beginning April 1, 1998. The
remaining funds will fund the intern position and general program administrative costs which support
Kent's CDBG oroeram.
1998 Proposed CDBG Program
September 16, 1997
Page 6
10. KENT EMERGENCY FEEDING PROGRAM
Amount Requested: $10,638
Program Summary:
The Emergency Feeding Program provides emergency meals for distribution at a number of sites
in Kent. This program differs from a food bank in that it provides nutritionally balanced meals for
three days. Special meals are available for specific health concerns such as high blood pressure,
low sodium diets, low sugar, and liquid diets. They also provide infant meal packs and food for
the homeless that doesn't need cooking.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Human Service Commission Funding Recommendation: $10,822
If Kent's CDBG Human Service dollars increase or decrease from the current estimate then
finding for this program may change. See final page for details.
Rationale:
The agency provides nutritionally balanced and special diet meals to individuals and families in
crisis. The City of Kent began funding this agency five years ago. The agency has demonstrated
to the City that it is providing a vital service in a competent and efficient manner.
11. YWCA DOMESTIC VIOLENCE TRANSITIONAL HOUSING
Amount Requested: $32,090
Program Summary:
This program provides transitional shelter along with support services for victims of Domestic
Violence and their children. In 1998, the YWCA will continue to provide Kent victims of
Domestic Violence with shelter in five units of transitional housing.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Human Service Commission Funding Recommendation: $32,198
If Kent's CDBG Human Service dollars increase or decrease from the current estimate then
funding for this program may change. See final page for details.
Rationale:
The YWCA's program is a vital service for Kent residents who are experiencing domestic
violence. This is one major component in the continuum of housing services needed to help
victims move out of the cycle of violence.
1998 Proposed CDBG Program
September 16, 1997
Page 5
8. COMMUNITY HEALTH CENTERS OF KING COUNTY- Natural Medicine Clinic
Amount Requested: $15,000
Program Summary:
This project will directly address the health care needs of low income and uninsured Kent
residents by providing integrated conventional family practice services and natural medicine
services for poor and uninsured people in the City of Kent.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies and priorities.
Human Services Commission Funding Recommendation: $5,087
If Kent's CDBG Human Service dollars increase or decrease from the current estimate then
funding for this program may change. See final page for details. If Kents human service dollars
decrease funding will only be reduced to $5,000. The minimum level of funding allowed is
$5,000.
Rationale:
The City of Kent has a large low income population which lacks adequate access to basic health
services. Many low income patients of the Kent Community Health Clinic are recent immigrants
who are more accustomed to receiving natural medicine health care services. Many insurers do
not cover natural medicine services, making them unaffordable to most low income and moderate
income patients.
9. ELDERHEALTH NORTHWEST - CONNECTIONS ADULT DAY CARE
Amount Requested: $5,500
Program Summary:
Funds will be used to help off-set the costs of adult day health services for Kent residents who are
frail, elderly or disabled and who still live at home. Clients receive medical assessments, on-going
health monitoring, meals, social and therapeutic activities. Caregivers and families are offered
support, education and counseling.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Human Service Commission Funding Recommendation: $5,595
If Kent's CDBG Human Service dollars increase or decrease from the current estimate then
funding for this program may change. See final page for details. If the City's CDBG Public
Services funding levels change, this program may be decreased but only to the $5,000 minimum
funding requirement.
Rationale:
This program addresses the growing need for adult day health services for low income residents.
1998 Proposed CDBG Program
September 16, 1997
Page 7
1998 PUBLIC (HUMAN) SERVICES CONTINGENCY PLAN
If Kent's CDBG Human Services dollars increase from the current estimate, then each program's funding
will be increased proportionately. If Kent's CDBG Human Service dollars decrease from the current
estimate then: Each program's funding will be decreased proportionately with the exception of the
Community Health Center, Natural Medicine Clinic which will not be reduced below the minimum
funding level of$5,000.
a:p:\humanser\carolyn\98cdbprg.ana
Kent City Council Meeting
Date September 16 1997
Category Public Hearings
1. SUBJECT: MERIDIAN VALLEY ANNEXATION ZONING AND AREA
COMPREHENSIVE PLAN AMENDMENTS (#AZ-97-1 AND
#CPA-97-1)
2 . SUMMARY STATEMENT: On August 25, 1997 , the Land Use and ,
Planning Board held a public hearing on both the annexation
zoning map amendments and the comprehensive plan amendments
for the Meridian Valley area. Tonight's meeting is the first
of two public hearings to be held by the City Council pursuant
to State law; the second hearing is scheduled for October 21,
1997.
3 . EXHIBITS: new memo; staff report of 8/25/97; minutes of
8/25/97 of the Land Use and Planning Board
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•
OPEN HEARING:
PUBLIC INPUT•
CLOSE HEARING:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 2B
CITY OF J<
ws )
Jim White, Mayor
Planning Department (253) 859-3390/FAX (253) 850-2544
James P. Harris, Planning Director
MEMORANDUM
September 16, 1997
MEMO TO: JIM WHITE, MAYOR, AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: PROPOSED MERIDIAN VALLEY ANNEXATION AREA INITIAL ZONING
AND COMPREHENSIVE PLAN AMENDMENT, #AZ-97-1, AND #CPA-97-1 -
LAND USE & PLANNING BOARD RECOMMENDATION
Attached is the Land Use & Planning Board's recommendation on initial zoning and the
Comprehensive Plan amendment for the Meridian Valley annexation area. The Land Use &
Planning Board conducted a public hearing on zoning and land use for the Meridian Valley area
on August 25, 1997, and made their recommendation at the conclusion of that hearing (see
attached minutes).
At the August 25th public hearing the Planning Board received considerable public testimony and
was asked to consider two zoning and land use plan map alternatives for the annexation area.
Each zoning and land use alternative is mapped and described in the staff report to the Planning
Board dated August 25th, 1997, which is attached to this memo. After considering the public
testimony, and additional information and questions of staff, the Planning Board is recommending
zoning and land use plan map Alternatives 2, with slight modifications. The changes made to
Alternative 2 by the Planning Board were minor, and involved a change along SE 240th Street,
west of 132nd Ave SE, from MRG to MRD, and two changes north and south of SE 240th Street,
east of 140th Ave SE, from SR-2 to SR-4.5.
By City ordinance, the City Council must hold two hearings on the proposed zoning, which also
includes consideration of the Comprehensive Plan Land Use Map. The first hearing is scheduled
for September 16, 1997, and the second is scheduled for October 21, 1997. By State law, the
hearings must be held at least 30 days apart from each other. Planning Department staff will be
available at the September 16th hearing to further explain the recommended zoning and land use
plan designations for the Meridian Valley annexation area.
.._ MJ/p/public/az97-1.mm3
Attachments
cc: Fred Satterstrom, Planning Manager
Kevin O'Neill, Senior Planner
Matthews Jackson, Planner/GIS Coordinator
MERIDIAN VALLEY ANNEXATION ZONING
LAND USE & PLANNING BOARD RECOMMENDATION
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LEGEND SEPTEMBER 16. 1997,
CITY LIMITS
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MERIDIAN VALLEY LAND USE PLAN MAP
LAND USE & PLANNING BOARD RECOMMENDATION
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LEGEND �v SEPTEMBER 16, 1997
••»• '**^^'� CITY LIMITS SF 8 SINGLE FAMILY 8 DU/ACRE
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O. .,1�.
CITY OF , Er11
Jim While NlaN or
Planning Department (253) 859-3390/FAX (253) 850-2544
James P. Harris, Planning Director
MEMORANDUM
August 25, 1997
MEMO TO: STEVE DOWELL, CHAIR AND LAND USE & PL.ANNING BOARD
MEMBERS
FROM: MATTHEWS JACKSON, PLANNER/GIS COORDINATOR
SUBJECT: #tAZ-97-1, CPA-97-1 - MERIDIAN VALLEY ANNEXATION ZONING AND
COMPREHENSIVE PLAN AMENDMENT
Introduction
On April 15, 1997, the Kent City Council passed Ordinance No. 3344 approving the annexation
of the Meridian Valley Area to the City of Kent. The annexation was prompted by a citizen
petition which was one of several received by the Council in the past five years. The Meridian
Valley Annexation Area encompasses approximately 1.39 square miles, or 891 acres, 4,665
persons and is generally located on the eastern edge of the existing city limits, east of 132nd
Avenue SE to 148th Avenue SE and north of SE 256th Street to SE 235th Street. The annexation
extends to the eastern edge of the City's Potential Annexation Area (PAA), which is designated
in the Kent Comprehensive Plan. The Meridian Valley Annexation Area officially became a part
of the City of Kent on July 1, 1997. Upon annexation. the area was given an interim zoning of
SR-2. Single Family Residential, with a 2.18 units per acre maximum density. All lands annexed
to the City are given an interim zoning of SR-2 per the Kent Zoning Code.
The Citv has six months after an annexation becomes effective to establish zoning designations
through a public hearing process. The first public hearing on zoning and a comprehensive plan
amendment for the Meridian Valley annexation area will be held in front of the Land Use &
Planning Board on August 25th. Following the Board's hearings, their recommendations will be
forwarded to the City Council for consideration. Two hearings will be held by the City Council,
and by state law, these hearings must be held 30 days apart from one another. The first Council
hearing will occur in mid-September, while the second hearing will likely occur in mid to late
October.
The City of Kent adopted its Comprehensive Plan under the provisions of the Growth
Management Act (GMA) in April, 1995. As mentioned above, the plan includes a potential
annexation area (PAA) for the city. The Land Use Element of the plan includes a Land Use Plan
"ii Jili.Ul' S1 hl->T. ��111�t7tU�u,yU; - 9r TCI I.I'111S1 ,n, �._;;nnii:1A
Meridian Vallev Annexation Zoning and Comp Plan Amendment - AZ-97-1/CPA-97-1
August 25. 1997
Page 2
Map which designates land uses for the entire PAA, including the Meridian Valley annexation
area. The land uses designated in the PAA for the Meridian Valley Annexation Area reflect the
designations that King County had established to implement its a 994 Comprehensive Plan. The
GMA requires that all development regulations adopted by a jurisdiction must implement. and be
consistent with, the comprehensive plan (RCW 36.70A.120). This means that the zoning for the
Meridian Valley annexation area must be consistent with the Land Use Plan Map in the
Comprehensive Plan. While it is anticipated that the zoning being proposed for the area will be
generally consistent with the Land Use Plan Map, it will be necessary to make some amendments.
and also necessary to update the land use designations so that they are consistent with the
designations for the rest of the City. Therefore, this project includes an amendment to the City's
comprehensive plan, as well as, an amendment to the zoning map.
This report outlines background information on the Meridian Valley Annexation Area, including
a discussion of the previous King County comprehensive plan and zoning designations for the
area, and how they compare to Kent's respective plan and zoning designations. The report will
then outline two alternatives for both the Comprehensive Plan Land Use Plan Map and the City's
zoning map for the Planning Boards's consideration. The Planning Board and City Council will
be asked to review and adopt both an amendment to the Comprehensive Plan and zoning map
designations for the annexation area.
Background
The comprehensive plan and zoning designations for the Meridian Valley Annexation Area have
changed twice in the past five years. In 1991, the King County Council adopted the Soos Creek
Communitv Plan and zoning, which included the Meridian Valley annexation area. In
December, 1994, the County Council adopted the King County Comprehensive Plan, which was
prepared pursuant to the Growth Management Act. The County also adopted new zoning
designations at the same time that the plan was adopted, which became effective in
February, 1995. The new zoning was most notable for designating residential areas based on
density, as opposed to types of structures. The previous County zoning designations are described
in greater detail later in this report.
When the County adopted their comprehensive plan, housing and employment targets were
established for each community planning area and for the County as a whole. They were also
established for Kent in the City's comprehensive plan. The housing target for the portion of the
Soos Creek area located within the urban growth area ranged from 8,600 to 9,600 households.
The Meridian Valley annexation area represents a small portion of the urban land in the Soos
Creek area. Staff has analyzed the Soos Creek household targets designated to each Small
Analysis Zone (SAZ) by King County. It appears that the target for the Meridian Valley area
would fall within the range of 370 to 400 households in the next twenty years.
Staff feels that this interim target range is appropriate in light of past development patterns in the
city, and the target range of 1,700 to 2,000 households estimated for the larger Meridian
Meridian Vallev Annexation Zoning and Comp Plan Amendment - AZ-97-1/CPA-97-1
August 25, 1997
Page 3
Annexation Area. Between 1990 and 1996, the number of housing units in the City of Kent has
increased by 8,901 units. However, 6,389 of these units were added through annexations, leaving
a total of 2,512 created through new construction. This means the city has been averaging a little
more than 418 new housing units per year. The current city limits is approximately 29 square
miles in area.
Staff has also analyzed the existing County zoning with regard to building capacity. Using data
from the King County Assessor for vacant and underdeveloped land, it appears that adequate
zoning capacity currently exists to support a target of 370 to 400 units. Both alternatives
described in this report would provide enough capacity to meet the interim housing unit target.
As the city continues to grow through annexations, staff will need to update city-wide housing unit
targets, employment targets, and building capacity to reflect current boundaries.
Existing Land Uses
The existing land use pattern in the Meridian Valley Annexation Area is typical of most suburban
neighborhoods. The predominate existing land use is detached single family residential. There
is one commercial node located at the intersection of SE 132nd Ave and SE 240th Street. This
is anchored by a grocery store and is surrounded by professional offices and multifamily
_• development.
The recently completed census in the area indicates that 1,245 of the housing units located in the
annexation area are single family detached structures, while 471 are multifamily residential. No
mobile homes were counted in the area, and only one special unit was found. Approximately 72.5
percent of the units in the annexation area are single family residential, while 27.5 percent are
multifamily. The split between single family and multifamily housing units in the Meridian Valley
Annexation Area is similar to that of the Meridian Annexation Area annexed on January 1, 1996
which was approximately 74.5 percent single family detached, 18.5 percent multifamily, and
seven percent mobile homes and special units. This annexation was located directly south of the
Meridian Valley Annexation Area and covered approximately 5.27 square miles. As of
April 1, 1996. the city limits exclusive of the Meridian Valley Annexation Area, was
approximately 42 percent single family detached, 53 percent multifamily, and 5 percent mobile
homes and special units.
The most intense and dense land uses are clustered around the node located at 132nd Ave SE and
SE 240th Street. Two multitenant commercial centers are located at this node, one on the
northeast side of the intersection, and the other on the southeast side. The center to the north is
anchored by a QFC grocery store with associated personal service development, while the center
to the south is predominantly professional offices. A BP gas station is located at the northwest
corner of the node, and a seven eleven and daycare center are located on the southwest section.
Two large multifamily developments are located adjacent to this commercial area. The Wandering
Creek Apartment Homes are located northwest of the intersection, and it is developed with 156
units on approximately 16.5 acres of land. The Meridian Gardens Apartments are located along
Meridian Vallev Annexation Zoning and Comp Plan Amendment - AZ-97-1/CPA-97-1
August 25. 1997
Paae 4
SE 240th Street near the southwest side of the intersection is developed with 80 units on 3.45
acres.
The largest single development in the annexation are is the Meridian Valley Country Club. The
majority of lots within the country club range from 8.000 to 14,000 square feet. Lot sizes in the
remainder of the single family subdivisions in the annexation area range from 5,700 square feet
to 15,000 square feet. Lot sizes in these subdivisions are similar to those within subdivisions
inside the existing city limits with a few exceptions. In some cases, subdivisions developed under
county regulations which allow clustering, may have lot sizes smaller than those in a city
subdivision within a comparable zoning district. While the single family development standards
in the city have been amended to allow for more lot averaging within minimum lot size guidelines.
there are no provisions for clustering development..
There are a few large tracts of land dispersed among the subdivisions in the annexation area.
Most of these are located in the southwest and northeast portions of the annexation. A couple of
these parcels are used for large farms including livestock grazing/exercising areas. Most are
simply vacant or occupied by a single residence and accessory buildings. In many cases these
large parcels are surrounded by developed single family subdivisions. These large vacant and
underdeveloped parcels of land greatly contribute to what people perceive as rural character within
this urban environment.
Section 15.08.100 of the Kent Zoning Code outlines the City's regulations pertaining to
nonconforming development. This section provides protection to uses, structures, lots, or signs
which have been lawfully established pursuant to a county resolution in effect at the time of
annexation which rendered it nonconforming. Generally, a use which was legal and/or legally
established under the applicable county regulations, will continue to have a reasonable opportunity
to continue its operations. This will be true regardless of what the new City zoning is. In
addition, this section also states that any legally established residential uses located in any
residential zoning district and in existence as of January 1, 1984, shall not be deemed
nonconforming in terms of density provisions and shall be a legal use. This protection is not
offered to uses which were illegally established or expanded in King County.
Other potential nonconforming uses at the time of annexation are Planned Unit Developments
previously located in single family zoning districts within the county. These developments, which
contain attached and multiple dwelling units, are currently not allowed in City's single family
zoning districts, but are likely to continue with single family zoning upon annexation. The
Meridian Firs Nos. 1 and 2 located east of the Meridian Valley Country Club, and the Meridian
Valley Condominiums and Meridian Valley Nine Condominiums located inside the country club
are examples of this type of development.
Meridian Valley Annexation Zoning and Comp Plan Amendment - AZ-97-1/CPA-97-1
August 25. 1997
�. Page 5
Description of Previous King County Zoning
The previous King County zoning is predominantly residential. The breakdown of previous
zoning in the Meridian Valley annexation area is approximately as follows:
'Zone Acres Base Density
NB, Neighborhood Business 9 N/A
R1, Urban Residential 74 1 dwelling unit/acre
R4, Urban Residential 715 4 dwelling units/acre
R6, Urban Residential 25 6 dwelling units/acre
R12, Urban Residential 21 12 dwelling units/acre
R18, Urban Residential 34 18 dwelling units/acre
R24, Urban Residential 5 24 dwelling units/acre
R48, Urban Residential 8 48 dwelling units/acre
The Meridian Valley Country Club, the subdivisions surrounding the country club to the west,
east, and south, and the subdivisions in the northwest corner of the annexation area were zoned
R4. Two small areas on the northern border of the annexation area were zoned R6. The property
located in the southeast corner of the annexation, and an area located on the eastern edge of the
.•• annexation along and south of SE 240th Street were zone Rl. The commercial node at 132nd Ave
SE and SE 240th Street was zone Neighborhood Business, and it was surrounded by a range of
higher density residential zones. All of the areas previously zoned R12 - R48 were located
surrounding this node. Finally, the majority of the Wandering Creek Apartment Homes was
zoned R6, and a portion of the Puget Sound Energy substation located north of SE 240th Street
was zoned R4.
Comparison of King County and Kent Zoning_Designations
A list of existing County zoning designations assigned to the Meridian Annexation Area, and the
most closely corresponding City of Kent zoning designations is attached to this report (see Key
to Zoning Districts). Some characteristics of the Kent zoning alternatives proposed for the
Meridian Valley annexation area are comparable to County zoning districts, and others are
different. The King County Neighborhood Business zone compares generally to the Kent
Community Commercial zone. The King County residential zones generally correspond to Kent
Residential zones with the following differences:
1. Residential districts in Kent are separately distinguished as single family and
multifamily zones. King County residential zoning is inclusive of detached single
family and attached and stacked multifamily dwelling units. Attached and stacked
units are only allowed in the R1 - R8 zones with conditional use approval by the
director or adjustor.
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August 25, 1997
Page 6
2. The maximum number of detached single family dwellings which may be
developed on a parcel of land in Kent is determined by a maximum density and
minimum lot size. Ordinance numbers 3268. 3290. and 3327 approved in 1995
and 1996. revised development standards and maximum densities in order to meet
intended lot yields in single family residential zoning districts. Minimum lot sizes
range from 4,000 square feet in the SR-8 zoning district, to one acre in the SR-1
zone.
The number of attached or stacked dwelling units which may be located on
multifamily zoned property is determined by the overall area divided by a
minimum area allotted for each unit proposed. A'maximum density is also
attached to all multifamily zoning districts except the MRD, Duplex Multifamily
zone which only allows a single family house on a lot a minimum of 5,700 square
feet and a duplex on a lot of 8,500 square feet.
In contrast, The King County zoning code has a base density which determines the
number of dwelling units to be developed on a specific property. In the R zones,
no construction shall be permitted on a lot that contains an area of less than 2.500
square feet unless it is a townhouse development or zero lot line subdivision. This
2,500 square foot minimum is for all R zones regardless of density. However,
base density can be increased to maximum density through the application of
residential density incentives or transfers of density credits.
3. The King County Zoning Code contains provisions for residential density bonuses.
based on open space preservation or other public benefits including low income
housing. The Kent Zoning Code has no provisions for residential density bonuses.
4. The King County Zoning Code contains provisions for minimum density in urban
residential zones. The minimum density as a percentage of base density is 85% in
the R4, R6, and R8 zones; 80% in the R12 zone; 75% in the R18 zone: 70%o in the
R24 zone: and 65% in the R48 zoning district. There are no minimum density
requirements in R1 zoning districts. The Kent Zoning Code has no provisions for
minimum density requirements.
5. Since Kent is an urban area, the Kent Zoning Code does not contain large lot
zoning designations for natural resource lands, such as RA 5, Rural Area, one
dwelling unit per 5 acres.. The Residential Agricultural or SR-1 zone, one
dwelling unit per acre, is the designation used in the Kent zoning alternatives to
assign the lowest available residential density.
Meridian Vallev Annexation Zoning and Comp Plan Amendment - AZ-97-1/CPA-97-1
August 25. 1997
Page 7
Environmental Characteristics
The Meridian Valley Area is located on Kent's east hill plateau and can be generally characterized
as rolling terrain. Elevations are approximately between 400 and 600 feet above sea level. There
are significant environmental features in the area including Soos Creek and its tributaries.
wetlands, and significant trees and habitat areas. The Kent Zoning Code and other City
regulations provide protection to and guide development in sensitive areas. The City of Kent
adopted a portion of King County's Soos Creek Basin Plan for the area on the east hill which is
a part of the Soos Creek drainage. The Soos Creek Basin Stream Buffers Overlay zone was
established pursuant to the larger Soos Creek Basin Plan in order to protect this significant and
sensitive environment which crosses jurisdictional boundaries. Development on or near streams
in this area will be subject to regulations which are similar if not the same as those previously
applied in King County.
In some instances, King County and City of Kent development standards differ within sensitive
areas. Buffers, setbacks, and impervious surface standards vary between jurisdictions. Staff has
mapped hazard areas, wetlands, streams, and lakes within the city using its Geographic
Information System (GIS). Some information pertaining to the Meridian Valley area is currently
available, but it is not as extensive as what is available within the established city limits. For
example, there is limited wetlands information available from King County. The City is planning
to update its database to include all relevant topographical and environmental data. This may
require additional field work which is time consuming and restricted by our changing weather
conditions. The City is working with King County to exchange data where available and
compatible.
Public Participation - Meridian Valley Open House
An open house was held at Martin Sortun Elementary School on June I Ith, 1997. Over 70 people
attended the open house and of this 70, 52 filled out survey questionnaires covering land use
planning and related issues. Of those who filled out the questionnaire, the majority were either
property owners or residents of the area for more than 10 years, or have been property owners
or residents for 1 - 5 years. Survey respondents mentioned "quality of schools" and "quality
housing as the two most important factors for living in the Meridian Valley area followed closely
by proximity to shopping or employment. In terms of zoning issues, preservation of single family
residential neighborhoods was the most important, with management of traffic congestion another
big concern. Protection of environmentally sensitive areas also received a high number of
responses.
Asked to rank the most important factors for annexing to the City of Kent, zoning and land use
issues were far and away the number one choice. Stormwater runoff and drainage issues, public
safety, and traffic and road maintenance were also key factors for most responders.
Meridian Valley Annexation Zoning and Comp Plan Amendment - AZ-97-1/CPA-97-1
August 25, 1997
Page 8
Survey respondants were asked about their opinions of King County zoning policy. Over 85%
of respondants indicated they had concerns regarding King County zoning. Most felt that there
are too many opportunities for high density multifamily developments in the area, and not enough
preservation of single family neighborhoods. They also did not like the idea of density bonuses
and minimum density requirements. Many respondants would like to see an expansion of
commercial options in the area, and others want no new development without fixing existing
deficiencies in stormwater management.
Description of Zoning Alternatives
Staff has prepared two zoning alternatives for review by the Land Use and Planning Board and
the public. Maps for both zoning alternatives are attached.
Alternative 1
Alternative 1 shows what the zoning in the Meridian Valley annexation area would be if existing
King County zoning was converted to the most comparable Kent zoning designations. In this
alternative, each parcel in the area is zoned based on the Kent zoning designation which most
closely approximates the parcel's previous King County zoning designation. For example,
properties zoned R6 in the county are shown as SR- 6 on this alternative. It is generally the policy
of the City to follow lot lines when making zoning decisions. However, King County appears to
have many more cases of split zoning on individual parcels, and this is reflected in alternative 1.
The area of highest density in this alternative has a proposed zoning of MRH, High Density
Multifamily, 40 units per acre maximum density. This area was zoned R48, Urban Residential.
48 units per acre maximum density by King County. The breakdown of zoning in alternative 1
is approximately as follows:
Zone Acres Base Densitv
CC, Community Commercial 9 N/A
SR-1, Single Familv Residential 74 1 dwelling unit/acre
SR-4.5, Single Family Residential 715 4.53 dwelling units/acre
SR-6, Single Family Residential 25 6.05 dwelling units/acre
MRD, Duplex Multifamily 21 10 dwelling units/acre
MRG, Garden Density Multifamily 34 16 dwelling units/acre
MRM, Medium Density Multifamily 5 23 dwelling units/acre
MRH, High Density Multifamily 8 40 dwelling units/acre
Properties previously zoned for multifamily densities in the county are shown with the nearest
Kent multifamily designations. However, the density in the nearest Kent zones is generally lower
than the corresponding county zone. The area including the Meridian Valley Country Club which
was zoned R4 in the county would be given a zoning of SR-4.5 in alternative 1.
Alternative 2
Meridian Valley Annexation Zoning and Comp Plan Amendment - AZ-97-I/CPA-97-1
August 25. 1997
Page 9
Alternative 2 encompass staffs' best recommendation on zoning in the Meridian Valley annexation
area based on information which has been discovered through our research. It generally reduces the
number of potential multifamily dwelling units, but proposes a density which is consistent with the
urban/suburban requirements of the GMA, and allows for a range of housing opportunities for
existing and new Kent residents. It expands the commercial node around the intersection of L32nd
Ave SE and SE 240th Street by incorporating one parcel surrounding the BP gas station on the
northwest corner of the intersection. and four parcels located south of the existing office
development along 132nd Ave SE. The northern parcel had a King County zoning of R48. while
the four parcels on the south were zoned R18. This alternative proposes a zoning of MRD. Duplex
Multifamily on the Wandering Creek Apartment Homes which were previously zoned R6 in the
county. This site is developed at a density of approximately 9.5 units per acre which closely
corresponds with the density allowed under the MRD zoning district. Likewise, the Meridian
Gardens Apartments, which were zoned R48 in the county, are shown with a proposed zoning of
MRM, Medium Density Multifamily. This allows a maximum density of 23 units per acre which
is the density at which the complex is currently developed.
SR-8 zoning is proposed on 15.75 acres previously zoned RI and RI in the county. SR-8 zoning
allows single family development on lots of a minimum of 4,000 square feet to a maximum density
of 8.71 units per acre. This alternative also proposes a zoning of SR-1 on one parcel owned by King
County east of the commercial node located south of SE 240th, and a Puget Sound Energy substation
located east of the commercial node located north of SE 240th Street. The breakdown of zoning in
alternative 2 is approximately as follows:
Zone Acres Base Density
CC, Community Commercial 17.5 N/A
SR-1, Single Family Residential 49.5 1 dwelling unit/acre
SR-2, Single Family Residential 27 2.18 dwelling units/acre
SR-4.5, Single Family Residential 686 4.53 dwelling units/acre
SR-6, Single Familv Residential 49.5 6.05 dwelling units/acre
SR-8, Single Family Residential 15.5 8.71 dwelling units/acre
MRD, Duplex Multifamily 35.-5 10 dwelling units/acre
MRG, Garden Density Multifamily 7 16 dwelling units/acre
MRM, Medium Density Multifamily 3.5 23 dwelling units/acre
Description of Land Use Plan Alternatives
Staff has prepared two land use plan map alternatives which match the proposed zoning
alternatives. Each land use plan alternative is designed to be consistent with its accompanying
zoning alternative, so Zoning Alternative 1 would implement Land Use Plan Alternative 1. None
of the land use map alternatives represents a radical departure from the existing Land Use Plan
w Map in the City's Comprehensive Plan. The main difference between these proposed alternatives
and the existing plan map is that the existing plan map uses the County's land use designations,
based on the policy direction provided by the City Council at the time the plan was adopted. The
Meridian Valley Annexation Zoning and Comp Plan Amendment - AZ-97-1/CPA-97-1
August 25. 1997
Page 10
proposed alternatives use the same land use designations as are used in the existing city limits.
These designations go into slightly more detail in terms of residential densities than do the
County's designations. However, the overall land use pattern represented in these alternatives
does not differ substantially from either the City's or the County's existing plan.
The land use plan map alternatives can be seen as the long range policy, while zoning is the.law
currently in place. There can be more than one zoning designation under the corresponding land
use plan map designation. For example, the areas with a proposed zoning of SR-4.5 and SR-6
have a corresponding land use plan map designation of SF-6. Property owners who have a
zoning of SR-4.5 could apply for a future rezone to SR-6 without applying for a Comprehensive
Plan Amendment. However, any rezone proposed with a higher density or different use than that
allowed through the Comprehensive Plan Land Use Map would have to apply for a plan
amendment as well. GMA limits Comprehensive Plan Amendments to once a year unless
otherwise required by annexations.
Maps for each alternative are attached.
Alternative 1
Much of the area would be designated SF-6, which would be implemented by the SR-4.5 and SR-6
zoning designations shown on Zoning Alternative 1. The commercial area zoned CC, Community
Commercial in Zoning Alternative 1 would have a land use plan map designation of C,
Commercial. The proposed multifamily zoned areas around the commercial node with densities
of 10-16 units per acre would be designated LDMF, Low Density Multifamily, while the areas
with proposed zoning densities of MDMF, Medium Density Multifamily. The three areas with
a proposed zoning of SR-1 in Zoning Alternative 1 would have a land use plan map designation
of SF-1.
Alternative 2
Alternative 2 is very similar to Alternative 1. Generally, the same areas designated as SF-6 in
Alternative 1 are designated similarly in Alternative 2 with two exceptions. The Wandering Creek
Apartment Homes would be designated as LDMF to reflect the proposed MRD zoning in Zoning
Alternative 2 and what is built on the ground. One parcel just south of SE 240th Street across
from the Wandering Creek development would be added to the SF-6 designation. This one lot
is the Mackey property, and they have requested single family zoning in lieu of their previous R18
designation in the county. The lot is developed with a single residence. The parcels owned by
King County and occupied by a Puget Sound Energy substation would be designated SF-1 to
match the zoning as described above under Zoning Alternative 2. The areas recommended for
SR-8 zoning as described under Zoning Alternative 2 would be given a land use plan map
designation of SF-8. The expanded commercial node under Zoning Alternative 2 would be
designated C in the Land Use Plan Map and the areas with proposed densities as described under
Meridian Valley Annexation Zoning and Comp Plan Amendment - AZ-97-1/CPA-97-1
August 25. 1997
- Page 11
Land Use Plan Alternative 1 would be designed LDMF and MDMF. Finally, the two areas with
a proposed zoning of SR-2 under Zoning Alternative 2 would be designated SF-3.
Analvsis of Alternatives
While Alternatives 1 for both zoning and land use reflect the previous designations in King
Countv, these designations do not necessarily reflect existing constraints and development in the
area. The property owned by King County south of SE 240th Street covers approximately 4.5
acres and will be used as a stormwater detention facility as a part of the current improvements to
SE 240th Street. A large percentage of this site is encumbered by a wetland, and no portion of
this site will be available for future development. A proposed zoning of MRM is inappropriate
for this site because there is no potential for multifamily development. Likewise, the Puget Sound
Energy substation is also encumbered by existing development and wetlands, and proposed zoning
of MRD and SR-4.5 under Alternative 1 is inappropriate. Staff feels that the lowest single family
residential density of SR-1 is most appropriate for these sites as reflected in zoning and land use
Alternatives 2. Further, the Meridian Forest single family detached subdivision,located along
SE 236th Place, was developed on property previously zoned by the county as R 12. This
development, built within the last five or six years, should be zoned single family residential in
the city to reflect its current status.
In light of public comment and staffs' review of the potential impacts of new development under
Zoning Alternative 1, staff feels that an expansion of the commercial node south along the east
side of 132nd Ave and around the BP gas station on the northwest corner of the commercial node
is warranted. There appears to be a need for more commercial development due to the population
densities in the general area. However, too much commercial development would have the
negative affect of overtaxing the already overutilized infrastructure in the vicinity. The expansion
proposed under Alternatives 2 would allow for commercial growth, while limiting impacts to
roads and storm facilities. Any new development will be required to mitigate for the expected
impacts caused by its development.
The City's Comprehensive Plan also contains policy language pertaining to residential density
patterns. The plan outlines the following general policy:
Provide in the land use plan adequate land and densities to accommodate both city and
county housing targets with 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. (Policy LU-8.1)
This policy, while encouraging single-family infill at urban densities, provides somewhat more
flexibility in terms of plan densities throughout the City's PAA, particularly given that the plan
contains areas for high density residential development in the downtown area and mixed use areas
on the Valley Floor.
Meridian Valley Annexation Zoning and Comp Plan Amendment - AZ-97-1/CPA-97-1
August 25. 1997
Paoe 12
While Zoning Alternative 2 would reduce the amount of potential units in the Meridian Valley
annexation area from the previous King County levels, it would still provide a density exceeding
the four per acre required for urban services. While reducing tht number of potential multifamily
units, it expands opportunities for more single family development on a variety of lot sizes. A
good amount of the potential multifamily development as shown under Zoning Alternative 1 would
never be developed because of existing public facilities, and existing lower density development.
Alternatives 2 reflects both what is likely to develop and what is already on the ground. For this
reason, staff is recommending both Zoning Alternative 2 and Land Use Plan Map Alternative 2
for the Planning Board's approval.
Staff Recommendation
Staff recommends that the Land Use & Planning Board take the following actions:
1. Recommend to the City Council adoption of Land Use Plan Map Alternative 2 as an
amendment to the Land Use Element of the City of Kent Comprehensive Plan.
2. Recommend to the City Council adoption of Zoning Alternative 2 as an amendment to the
City's Official Zoning Map.
MJ/tb:AZ97-1.MM2
cc: James P. Harris, Planning Director
Fred Satterstrom, Planning Manager
Kevin O'Neil, Senior Planner
KEY TO ZONING DISTRICTS
(Each zone is listed opposite the most similar zone in the other jurisdiction)
City of Kent King County
SR-1 Residential Agricultural R-1 Urban Residential
I Dwelling Unit per Acre I Dwelling Unit per Acre
SR-2 Single Family Residential NA
2.18 Dwelling Units per Acre
SR-3 Single Family Residential NA
3.63 Dwelling Units per Acre
SR-4.5 Single Family Residential R-4 Urban Residential
4.53 Dwelling Units per Acre 4 Dwelling Units per Acre
SR-6 Single Family Residential R-6 Urban Residential
6.05 Dwelling Units per Acre 6 Dwelling Units per Acre
SR-8 Single Family Residential R-8 Urban Residential
8.71 Dwelling Units Per Acre 8 Dwelling Units per Acre
~- MRD Duplex Multifamily Residential R-12 Urban Residential
Approximately 10 Dwelling Units 12 Dwelling Units per Acre
Per Acre
MRG Garden Density Multifamily Residential R-18 Urban Residential
16 Dwelling Units per Acre 18 Dwelling Units per Acre
MRM Medium Density Multifamily Residential R-24 Urban Residential
23 Dwelling Units per Acre 24 Dwelling Units per Acre
MRH High Density Multifamily Residential R-48 Urban Residential
40 Dwelling Units per Acre 48 Dwelling Units per Acre
CC Community Commercial CB Community Business
NCC Neighborhood Convenience Commercial NB Neighborhood Business
O Professional and Office O Office
N/A UR Urban Reserve
0.2 Dwelling Units per Acre
For the purposes of this chart, "Dwelling Units" refers to principal dwelling units. Accessory
dwelling units and cluster housing, are not addressed in this definition chart.
mjiciusersidxichar�.w Od
MERIDIAN VALLEY ANNEXATION ZONING
ALTERNATIVE I
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LEGEND SR 6 �:IN(;I.11 1'AMILY (3.05 DU/'ACRE AUGUST 25. L997
CITY LIMITS MRD DUPI.1{Y M111.'1-IFAMILY 10 DU/ACRE
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MERIDIAN VALLEY ANNEXATION ZONING
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LEGEND AUGUST 25• 1997
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CITY OF Z1CSV 1T
Jim White, Mayor
Planning Department (206)859-3390/FAX(206) 850-2544
James P. Harris, Planning Director
LAND USE & PLANNING BOARD MINUTES
Public Hearing
August 25, 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 August 25, 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 Hannon
David Malik
Sharon Woodford
w.•
PLANNING STAFF MEMBERS PRESENT:
James Harris, Planning Director
Fred Satterstrom, Planning Manager
Kevin O'Neill, Senior Planner
Matthews Jackson, Planner/GIS Coordinator
Teresa Beener, Administrative Secretary
APPROVAL OF MINUTES
Board member Ron Harmon MOVED and Tom Brotherton SECONDED a motion to approve the
July 28, 1997 minutes. The motion carried.
ADDED ITEMS TO THE AGENDA
None.
COMMUNICATIONS
None.
NOTICE OF UPCOMING MEETINGS
Planning Director Jim Harris explained that the September City Council Planning Committee
meeting will consider the Downtown Strategic Action Plan and the changes to the Planned Unit
Development Ordinance. The meeting will be held on Tuesday, September 16, 1997 at 4:00 p.m.
in the City Council Chambers East.
NAZ--97-I/ftCPA-97-I MERIDIAN VALLEY ANNE.YATIONZONING
'?0 llh AVFVI'F SOI'TH rrVT N>SHIV(',TnV ONni'_iRu5 'T71 FPHOVF i`SU yap tni
Land Use and Planning Board Minutes
August 25, 1997
Page 2
#AZ-97-1 MERIDIAN VALLEY ANNEXATION ZONING - (M. Jackson)
Planner Matthews Jackson explained that the City Council approved Ordinance No. 3344 on
April 15, 1997 which annexed the Meridian Valley area into the City of Kent. The area is
approximately 1.39 square miles in size and includes approximately 4,665 new residents.
Mr. Jackson explained that the area is generally located east of 132nd Avenue SE to 148th Avenue
SE and north of SE 256th Street to approximately SE 236th Place.
Mr. Jackson explained that the area officially became a part of the City on July 1, 1997. At that
time, the area was assigned an interim zoning of SR-2, single family residential 2.18 units per acre.
Mr. Jackson explained that all unclassified newly annexed lands to the city are given an SR-2
designation regardless of the previous King County zoning. Mr. Jackson explained that the City has
six months upon annexation to complete the zoning process.
The 1990 Growth Management Act requires that a city's zoning and Comprehensive Plan land use
map be consistent. Mr. Jackson explained that the Land Use and Planning Board will be considering
both an amendment to Kent's official zoning map as well as the Comprehensive Plan land use map.
Mr. Jackson explained that there will be a total of three public hearings. The first begins tonight
before the Land Use and Planning Board. The Board will make a recommendation that will be
forwarded to the City Council for their consideration. Two hearings will be held by the City
Council, and by state law, these hearings must be held 30 days apart. The first Council hearing will
occur in mid-September, while the second hearing will likely occur in mid to late October.
Mr. Jackson explained that the majority of the area is developed single family residential detached
residential units. He explained that the existing development in the area is fairly consistent with
what the zoning was in King County prior to the annexation into Kent but there are some exceptions.
In the City's Comprehensive Plan Land Use Element there is a potential annexation area. This area
includes lands within the City's sphere of influence that will potentially be annexed but are currently
outside of Kent corporate boundaries. The Meridian Valley area was included in the City's
Comprehensive plan that was completed in 1995 so at that time staff took the appropriate applicable
county zoning designations in the county's 1994 Comprehensive Plan and applied those to the
Meridian Valley annexation area. The majority of the Meridian Valley area was given an Urban
Residential land use designation(4-12 units per acre) under the County's Comprehensive Plan and
Kent's existing Comprehensive Plan. Mr. Jackson explained that the area of multifamily
development was given an Urban Residential land use designation of twelve plus units per acre and
the commercial node was given a commercial designation.
Mr. Jackson explained the differences between the county and the City's zoning designations. He
explained that there was a key included in the staff report to compare the county's designations as
to how they relate to the City's designation.
#AZ--97-1/#CP.4-97-1 XIERIDIANVALLEY,INNEVATIONZONING
Land Use and Planning Board Minutes
August 25, 1997
Page 3
There are some key differences between the County and the City zoning. Mr. Jackson explained that
the City's zoning is based on both a maximum density and a minimum lot size and the city's
residential zoning designations are based on use. The areas that are zoned for single family are
single family exclusively. Areas that are zoned for multifamily allows for both single family and
multifamily development. In the county, residential development is not necessarily based on single
family or multifamily development; rather, it is based on density. Attached units are allowed either
through a conditional use process in some zones or they are principally permitted uses in others. In
addition, there are no minimum lot sizes in the county; however, no lots of less,than 2.500 square
feet are allowed unless it is located within an attached development.
The County also allows density bonuses based on providing a public benefit. Mr. Jackson explained
that an example of a public benefit could be the inclusion of non-market or low income housing
which would give a developer additional density above the base. There are also some minimum
density requirements in the County which require a certain percentage of the base density to be
developed. The City of Kent has neither a minimum density nor bonus density provision.
Mr. Jackson explained that 72.5% of the residential units are single family detached, while
multifamily represents about 27.5% within the annexation area.
Mr. Jackson explained how staff determined the zoning alternatives. He explained that staff
evaluated the previous County designations, current land uses, and public comments gathered
through questionnaires from an open house held at Martin Sortin Elementary. Mr. Jackson explained
that he received letters marked as Exhibit "A".
1. Pasko - supports the staff recommendation
2. Johnson- asked for consideration for different zoning
3. Galusha- asked to consider property for commercial development
4. Hebeler - zoning history and property value history
Mr. Jackson explained that Alternative 1 tries to approximate the closest applicable City zoning to
the previous King County zoning. He explained that the majority of the Meridian Valley Annexation
Area is recommended for SR-4.5 which correlates to the previous county zoning of R-4. Alternative
1 maintains the same zoning boundaries designated with the most applicable City zoning based on
the previous County zoning designations.
Alternative 2 is staffs closest attempt at trying to zone the area to represent what is actually built
on the ground,what is expected to be built,and what is consistent with the existing land use patterns.
The majority of the site would be zoned SR-4.5 which would include the Meridian Valley Country
Club and the surrounding area. Mr. Jackson outlined the staff recommended changes that took into
consideration site constraints,current land uses,and property owner requests. Mr.Jackson explained
that the Comprehensive Plan land use map designations are a long term land use policy while the
zoning designations are the law.
#AZ-97-11#CPA-97-1 NIERlD1ANVALLEYANNEICMONZONING
Land Use and Planning Board Minutes
August 25, 1997
Page 4
Board member Ron Harmon MOVED and Vice Chair Brad Bell SECONDED a motion to open the
public hearing. Motion carried.
Fred Lavering, 24430 140th Avenue SE. Mr. Fred Lavering lives in the Meridian Valley
Annexation area and represents the Meridian Valley Maintenance Association which consists of over
400 property owners. Mr. Lavering explained that they supported the annexation into the City of
Kent in hopes to eliminate the flooding in the area and to try to abolish the recent King County
zoning changes to high density multifamily.
Mr. Lavering supports the staff recommended Alternative 2 with a few exceptions. He does not
support the proposed SR-8 designation. He commented that SR-8 does not seem compatible with
the surrounding zoning of SR-4.5 and SR-1. He was also concerned with the MRD zoning
designation at 132nd. He questioned why the MRD was on both sides of 132nd. He felt that 132nd
was a significant road and it was not necessary for the zoning to be consistent on both sides. He also
commented that the site designated for MRD had a significant wetland and that the MRD was
inappropriate.
Dee Swenson,24111 135th Avenue SE. Mr. Dee Swenson commented that it is a pleasure to work
with the City of Kent as opposed to King County. He stated that he had attempted to work with the
County but was not given any consideration.
Mr. Swenson supports Mr. Lavering's comments. He suggested changing the SR-8 designation to
an SR-6 zoning designation.
Gerald Dulz, 13419 SE 240th. Mr. Gerald Dulz stated that he owns property that has a proposed
zoning designation of SR-8. He stated that his property had originally been zoned for multifamily
in the County. He asked the Board to consider his property for a zoning designation of MRG.
Mr. Dulz stated that he was interested in developing a senior housing center. He commented that
this type of development would have no significant impact on traffic and no impact on schools. He
stated that if a senior housing development was not feasible then he would like to build
condominiums.
Board member Ron Harmon questioned what Mr. Dulz's previous zoning was in the County.
Mr. Dulz explained that he had three separate zoning designations on his property R12, R18, and
R24.
Chair Steve Dowell questioned if any of his property was north of 240th. Mr. Dulz stated that all
of his property was south of 240th.
Board member Tom Brotherton questioned what the total size of his property was. Mr. Dulz stated
that the total acreage is about four and three quarter acres. Mr. Brotherton commented that it was
#,4Z_-97_11#CPq-97-I NEPJDI,4NVALEY,,NNEX4TIONZONING
Land Use and Planning Board Minutes
August 25. 1997
Page 5
his understanding that the City Council is very much against any additional multifamily development
on East Hill and questioned what benefit would this development have for the community.
Mr. Dulz stated that he would like to give his assurance that there would not be any apartments built.
He commented that he is against apartments himself. He would prefer to build a senior housing
community or condominium homes. He commented that this type of development could help
support the commercial node nearby.
Mr. Harmon questioned that if Mr. Dulz had made an agreement with the adjacent property owners
that he would not zone his property MRG,wouldn't his request go against that agreement. Mr. Dulz
stated that MRG would be the best zoning designation for his property.
Frank Wiemes, 13426 SE 240th Street. Mr. Frank Wiemes stated he owns the property just north
of Mr. Dulz and supports Mr. Dulz's request for a higher density but feels that MRD would be
sufficient. Mr. Wiemes commented that this location would be good for a senior housing project.
Mr. Wiemes asked the Board to consider a higher density of MRD for his property.
Jeff Chalfant, Barghausen Consulting Engineers, 18215 72nd Avenue S. Mr. Jeff Chalfant
represents Bill Ruth and Jack Juan. Mr. Chalfant stated that his clients strongly oppose Alternative
2 and the proposed SR-8 zoning designation. He explained that his clients would like to preserve
the previous county zoning of R18.
He commented that the R18 zoning designation is an effective transition buffer between the
commercial node at 240th and the single family residential area. He stated that current land use
patterns in the area such as the commercial node support the higher density. Mr. Chalfant
commented that the property in question in significantly restrained by low grade wetlands and
development under the single family standards is not very practical.
Craig Sears,2134 NW 204th,Shoreline,WA 98177. Mr. Craig Sears is a land use consultant and
represents Finkbeiner Development. Mr. Sears explained that his client purchased approximately
six acres in this area about three years ago. The property was zoned R18 by the County and they
would like the property to maintain the MRG designation as shown in Alternative 1 for the entire
parcel.
Board member Sharon Woodford commented that Alternative 2 designates the property MRG.
Mr. Sears remarked that the MRG designation does not include the Mackey property which the
Finkbeiner company has an option on. Ms. Woodford questioned whether Mr. Sears would support
Alternative 2 if the Mackey property was included in the MRG zoning. Mr. Sears stated that that
would be acceptable.
Mr. Brotherton questioned why Finkbeiner was requesting an MRG zoning designation if they want
to build single family residents. Mr. Sears commented that his client would like to keep their options
open.
#AZ-97-1/#CPA-97-1,MERIDIAN VALLEYANNEVATION ZONING
Land Use and Planning Board Minutes
August 25. 1997 _..
Page 6
George J. Burmeister, 13915 SE 241st Street. Mr. George Burmeister stated that he supports
Mr. Lavering's position. Mr. Burmeister commented that he does not support increasing any density
higher than what is being recommended in Alternative 2. He supports the staffs recommendation.
Pam Longston,23611 138th Avenue SE. Ms. Pam Longston commented that staff did a great job.
She supports Mr. Lavering's suggestions.
Jack Ottini, 14304 SE 256th Place. Mr. Jack Ottini commented that he supports the staff
recommendation. Mr. Ottini stated that he was on the committee to annex into the City of Kent and
commented that they had three main concerns for annexing into Kent: better police protection. road
improvement and flooding problems, and the zoning problems.
Mr. Ottini stated that there was a moratorium in King County for construction because of the
flooding. He questioned whether the moratorium was still in effect. Mr. Ottini questioned what the
City's stand was on wetlands. He questioned why the city was considering multifamily zoning
designations if the city has a moratorium on new apartments. Mr. Ottini commented that the bus
service in the area was not sufficient to support more new apartments nor were the schools capable
of handling an increase in student population.
Tom Sharp,24254143rd Avenue SE. Mr. Tom Sharp commented that he supports Alternative 2
with the exception of the SR-8 zoning designation. Mr. Sharp commented that he had lived in this
area for 25 years and appreciates being a part of Kent.
Mr. Sharp stated that he owns a few properties at 240th and 140th. A portion of his property is
zoned SR-2. He commented that it is uneconomical for him to develop the property at only two
units per acre. He asked the Board to consider changing the SR-2 zoning designations to SR-4.5.
Vice Chair Bell questioned what Mr. Sharp's concern was regarding the SR-8 designation.
Mr. Sharp stated that he felt that the SR-8 density was too high and that it was inconsistent for the
area. He commented that the services are not there to support the SR-8 density.
Dennis Hogan, 24307 129th Avenue SE. Mr. Dennis Hogan resides in the Meridian Valley
Annexation area and represents the residents of the Chancellor Crest development. Mr. Hogan stated
that residents supported the annexation in order to become a part of a government entity that would
be more responsive to their concerns and objectives for the neighborhood.
Mr. Hogan commented that the Chancellor Crest concerns center around the fact that apartments
represent substantial increases in population, demand on services, and a direct impact on
infrastructure in the surrounding communities. Mr. Hogan commented that he supports Alternative
2 with the exception that the Mackey property and the property owned by the Finkbeiner Corporation
be designated single family residential.
#AZ--97-I/#CPA-97-I:MERIDIAN VALLEYANNEYATIONZONING
Land Use and Planning Board Minutes
August 25. 1997
Page 7
Mr. Harmon questioned how many residents were in the Chancellor Crest development. Mr. Hogan
stated there were approximately 47 home owners.
Katherine Gihm, 11914 Maplewood Avenue, Edmonds. Ms. Katherine Gihm owns property in
the Meridian Valley annexation area. Ms. Gihm stated that `ter previous King County zoning
designation was R24. She commented that she would prefer an MRG zoning designation rather than
the recommended MRD.
Pat Sitter, 14018 SE 238th Lane. Ms. Pat Sitter commented that gravel had been dumped in the
drainage ditch near the Puget Sound Energy substation. She asked if the City could do something
regarding this issue.
Vice Chair Brad Bell MOVED and Brotherton SECONDED a motion to close the public hearing.
Motion carried. (A five minute recess was taken).
Mr. Jackson explained that the area being proposed for SR-8 zoning south of 240th originally was
zoned at a much higher density in +lie, County. He com,-rented.iltat there is definitely not a
compatibility problem between an SR-8 and the SR-4.5 zone. Mr. rackson explained that this is still
a single family residential zone that allows for detached homes on a somewhat smaller lot. He
explained that the Meridian Valley area contain a variety of uses which includes some condos. a
PUD with attached homes, and existing multifamily developments. The SR-8 is a compatible use
and is a compromise from multifamily zoning-
Regarding the Wiemes property which was proposed for SR-8. Mr. Jackson explained that
Mr. Wiemes brought in a preliminary sketch of lupiex nits built out at about six units per acre.
Mr. Jackson explained that the SR-8 zoning designation would allow Mr. Wiemes to build out at a
greater density but with single family detached units only.
Mr. Jackson commented that retirement housing is allowed as a general conditional use in any
residential zoning district in the city. He explained hat Mr. Wiemes could apply for a retirement
complex through the conditional use process regardless of the zoning designation and the density
allowed is not tied to the underlying zoning designation.
Mr. Jackson explained that the area proposed for SR-6 was zoned multifamily in the County and is
currently being developed for single family homes.
Mr. Jackson commented that the owner of the Mackey property indicated a desire to be zoned single
family and unless the property owner comes forward with a different request staff maintains the
recommendation for SR-4.5.
- Mr. Jackson explained that Alternative 2 greatly reduced the potential for multifamily development.
He commented that the City as well as the County are required to establish housing targets as part
of the Comprehensive Plan based on the projected growth rates. He expiained that king County's
4AZ-97-1/#CPA-97-I.MERIDIAN VALLEY ANN&Y4TION ZONING
Land Use and Planning Board Minutes
August 25, 1997
Page 8
projected growth for this area included approximately 370 to 400 new units. He stated that there is
a need for some diverse housing in this area. Therefore, staff would continue to recommend the
MRG on the parcel designated in Alternative )
The Gihm property is proposed for MRD. The applicant stated that MRD was okay but would prefer
an MRG designation. Mr. Jackson stated that staff stands by the original recommendation of MRD.
Regarding the Sharp property, Mr. Jackson explained that there were two reasons this area was
zoned different. One reason was the existing Bonneville right-of-way. The property was zoned
Rl(P) in the county. The (P) designated development restrictions and development standards that
were going to be parcel specific for this area. Clustering was going to be required by the County in
order to develop in this area and by doing so a developer would be eligible for density bonuses.
Mr. Jackson stated that staff did not have a problem with zoning this area SR-4.5.
Planning Director Jim Harris commented that any King County moratorium ended on July 1, 1997
when this area became a part of the City of Kent. Mr. Harris stated that the City does not have a
moratorium on multifamily development. He explained that the City has a wetlands policy. He
stated that wetlands are dealt with at the time of development.
Mr. Jackson commented that wetlands are protected by a 25 or 50 foot buffer, depending on the
class, and typically would go into a separate track that is protected from development. He stated that
the City's policy is a no net loss of wetlands.
Mr. Jackson commented that the City is aware of the current storm water issues in the area. He
stated that this is not uncommon in areas that have been annexed from King County. In some cases,
developers will be required to make improvements where deficiencies exist. Mr. Jackson explained
that future development will have to provide on site and above ground detention and storage for a
certain duration of storm. He commented that these are very tough standards to meet but a developer
will need to address all of these issues prior to receiving approval for a development.
Chair Steve Dowell commented that there was a lot of discussion regarding existing flooding
problems. Mr. Dowell questioned whether there were any additional plans for this area that was not
discussed tonight. Mr. Jackson stated that there has been discussions regarding the flooding north
of 240th at 132nd. He commented that this will be an expensive fix. He stated that the county will
continue with the 240th Street expansion and there will be some relief when this project is complete.
Chair Dowell questioned the SR-2 zoning designation in the northeast comer of the annexation area.
Mr. Jackson explained that the county had split the zoning on this particular parcel. The front
portion was zoned for SR-4.5 and the back for SR-1. The staff recommended an SR-2 zoning
designation as a compromise between the two zoning designations. Mr. Jackson commented that
staff would not have a problem with an SR-4.5 designation.
#AZ-97J/#CPA-97-1:MERIDIAN VALLEY ANNEXATION ZONING
Land Use and Planning Board Minutes
August 25, 1997
Page 9
Dowell questioned whether the SR-6 zoning designation at the north end was consistent with current
development. Mr. Jackson explained that this area is undeveloped. He explained that the City's
recommendation was consistent with the previous county zoning. Mr. Jackson was unclear as to
why the County had zoned these parcels at a slightly higher density. He stated that either SR-6 or
SR-4.5 would be applicable. The difference between the two zones is not significant and the SR-6
is consistent with the previous county designation.
Board member Tom Brotherton questioned the MRD located south of the commercial center.
Mr. Jackson explained that this area had been zoned R18 in the County. The MRD designation
would take away half the density and the ability to develop attached units beyond duplexes. He
stated that the MRD is a good compromise.
Mr. Harmon questioned whether an MRD designation would be more appropriate where the MRG
abuts the SR-4.5. Mr. Jackson commented that they are both residential districts and not inherently
incompatible. He stated that the MRG designation was the only opportunity for new multifamily
development in the area. Mr. Jackson commented that the City requires multifamily design review
for any new multifamily development. The design review process tries to integrate new
development into existing neighborhoods.
Mr. Harmon questioned whether an MRD designation would be more appropriate. Mr. Jackson
stated that under the proposed land use alternatives all of the areas that are proposed for zoning of
MRD or MRG would have a low density multifamily designation. Therefore,this would allow those
properties that are designated as MRD to apply for a rezone to MRG without going through a future
Comprehensive Plan amendment process.
Mr. Brotherton stated that since the Finkbeiner Corporation commented that they were interested in
single family development and comments from citizens in the area were basically against any new
multifamily development, he suggested designating this area SR-8.
Mr. Harris commented that the County had zoned this area at nearly twice the proposed density. He
stated that there needs to be a place for apartment dwellers. The recommendation provides housing
opportunities for all different individuals.
Board member Ron Harmon MOVED and David Malik SECONDED a motion to approve the
proposed Meridian Valley Annexation Zoning #AZ-97-1 and Comprehensive Plan Amendment
#CPA-97-1 Alternative 2 as outlined in the August 25th staff report.
Mr. Harmon suggested changing the following designations: the area designated as SR-2 to SR-4.5,
the undeveloped area designated as SR-6 to SR-4.5, and the area designated for MRG to MRD.
Mr. Brotherton stated that in general he supports Mr. Harmon's changes. Mr. Brotherton stated that
because a retirement community is allowed through a conditional use permit he supports the staffs
original recommendation of SR-8.
#AZ-97-I/#CPA-97-1;NERD/AN VALLEYANNEVATION ZONING
Land Use and Planning Board Minutes
August 25, 1997
Page 10
Vice Chair Brad Bell commented that Mr. Jackson did an excellent job. He does not support
Mr. Harmon's suggestions except to change the SR-2 to SR-4.5.
Mr. Harmon commented that the MRD could be rezoned to MRG and asked if Mr. Bell still had any
reservations about the MRD. Mr. Bell stated that he does not support changing the MRG
designation.
Mr. Harmon stated that it would be fair to leave the SR-6. Mr. Bell commented that he strongly
supports the staffs attempt to come to a fair and equitable compromise and supports the staff
recommendation.
Vice Chair Bell MOVED to amend the motion to approve staff recommended Alternative 2 changing
the SR-2 zoning designations to SR-4.5. Mr. Brotherton SECONDED the motion. Motion carried.
Mr. Brotherton MOVED to amend the motion to approve staff recommended Alternative 2 changing
the MRG designation to MRD. Mr. Harmon SECONDED the motion. Motion carried.
Mr. Harmon called for the question. The motion was to approve the proposed Meridian Valley
Annexation Zoning 9AZ-97-1 and Comprehensive Plan Amendment #CPA-97-1 Alternative 2 as
outlined in the August 25th staff report changing the SR-2 zoning designations to SR-4.5 and the
MRG zoning designation to MRD. The motion carried.
Mr. Harmon MOVED and Brotherton SECONDED a motion to adjourn. Motion carried. The
meeting adjourned at 9:25 p.m.
Respectfully Submitted,
James P. Harris
Secretary
U:\DOC\LANDUSE\MINUTES\PBMTG8.25
4AZ-97-11ICPA-97-I MERIDIAN VALLEY ANNEXATIONZONING
CONSENT CALENDAR
3. City Council Action: �/A�
Councilmember moves, Councilmember 4)k1j
seconds that Consent Calendar Items r; through X be approved.
Discussion wn�t l
' J
Action
3A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of
September 2 , 1997 .
3B. Approval of Bills.
Approval of payment of the bills received through August 29,
1997 and paid on August 29, 1997 after auditing by the
Operations Committee on September 2, 1997 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
8/29/97 188703-188894 $ 447,732 . 50
8/29/97 188895-189261 1,451,448.72
$1, 899,181.22
No Payroll Checks were approved for this time period.
Council Agenda
Item No. 3 A-B
Kent, Washington
September 2, 1997
Regular meeting of the Kent City Council was called to order at
7: 00 p.m. by Mayor White. Present: Councilmembers Bennett,
Clark, Epperly, Houser, Johnson, Orr and Woods, Operations
Director/Chief of Staff McFall, City Attorney Lubovich, Fire
Chief Angelo, Public Works Director Wickstrom, Parks Director
Hodgson, and Finance Director Miller. Approximately 50 people
were at the meeting.
PUBLIC Employee of the Month. Mayor White announced
COMMUNICATIONS that Kari Endicott of the Employee Services
Department is the Employee of the Month for
September. He noted that Ms. Endicott helps
employees with benefit issues, and was instru-
mental in the automation of employee benefit
packages. Her supervisor stated that
Ms. Endicott is an inspiration, and is very
deserving of this award.
America Goes Back To School/Get Involved Week,
The Mayor read a proclamation encouraging
families and the community to get involved in
learning and to make a commitment to support
education improvement, and declared the first
week of September 1997 as "America Goes Back To
School/Get Involved Week" in the City of Kent.
The proclamation was accepted by Dr. Jim Hager,
Kent Superintendent of Schools, who thanked the
City for its cooperation with the school district
on various projects.
CONSENT HOUSER MOVED that Consent Calendar Items A
CALENDAR through J be approved. Bennett seconded and the
motion carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. APPROVAL of the minutes of
the regular Council meeting of August 19, 1997 .
HEALTH & (CONSENT CALENDAR - ITEM 3J)
SANITATION city Moving. ACCEPTANCE of the Bill of Sale
submitted by City Moving for continuous operation
and maintenance of 426 feet of watermain improve-
ments, 515 feet of street improvements associated
with the development, and release of bonds after
the expiration period, as recommended by the
Public Works Director. The project is located in
the vicinity of 80th Avenue South and South 206th
St.
1
Kent City Council Minutes September 2 , 1997
SEWERS (BIDS - ITEM 5A)
108th Avenue sE sanitary Seiler Extension. 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.
The Public Works Director recommends that the
contract be awarded to VLS Construction, Inc.
CLARK MOVED that the 108th Avenue SE Sanitary
Sewer Extension contract be awarded to VLS
Construction for the bid amount of $85, 120. 68.
Woods seconded and the motion carried.
PUBLIC WORKS (OTHER BUSINESS - ITEM 4D)
Puget sound Energy Underground Conversion
Agreement - Authorization. South 228th Street
is being improved as a requirement of the Lakes
Development. This improvement includes convert-
ing 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) , there-
fore, is paying all costs and has given the City
the money.
The Public Works Director recommends that the
Mayor be authorized to sign the Conversion
Agreement with Puget Sound Energy and establish a
budget for same. Wickstrom explained that the
project cannot begin until the contract is
signed.
CLARK MOVED that the Mayor be authorized to sign
the Puget Sound Energy Conversion Agreement and
establish a budget for the same. Woods seconded
and the motion carried.
ANNEXATION (CONSENT CALENDAR - ITEM 3C)
ZONING Meridian Valley Annexation Zoning AZ-97-1. SET
September 16, 1997 , and October 21, 1997, as
public hearing dates to consider the initial
zoning for the Meridian Valley annexation area.
2
Kent City Council Minutes September 2, 1997
ANNEXATION Frank Wiemes, 13426 SE 240th, said he is in favor
ZONING of Plan No. 1 regarding zoning. Orr reiterated
that public hearings will be held on this issue
on September 16 and October. 21, 1997, at
7 : 00 p.m. , in the Council Chambers, and invited
him to attend one or both of those meetings.
REZONE (CONSENT CALENDAR - ITEM 3D)
aranviile-Southern Rezone RZ-97-i. ADOPTION of
Ordinance No. 3359 related to the Granville-
Southern Rezone. The City Council approved the
rezone on August 19, 1997 . This property is
approximately 18.93 acres in size, and the
ordinance rezones the property from SR-11
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.
PLATS (OTHER BUSINESS - ITEM 4B)
Lana Preliminary Plat SII-96-25. This date has
been set to consider the Hearing Examiner s
recommendation for approval of an application 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.
ORR MOVED to accept the Findings of the Hearing
Examiner, and to adopt the Hearing Examiner s
recommendation of approval of Lang Preliminary
Plat. Houser seconded and the motion carried.
(OTHER BUSINESS - ITEM 4C)
Bayberry Crest Subdivision SII-96-3. This date
has been set to consider the Hearing Examiner s
recommendation for approval of an application by
Projects Northwest for a 46-lot single-family
residential preliminary subdivision. The plat is
9 . 56 acres in size and is located at 13003 and
12923 S.E. 256th.
Planning Manager Satterstrom pointed out the area
on a map and said there is a proposed road into
the plat giving access to the 46 lots, which
connects with 129th in an existing plat called
Rainier View Estates. He noted that the matter
went before the Hearing Examiner in May, and that
" there was testimony by the public on a number of
3
Kent City Council Minutes September 2 , 1997 y
PLATS issues, primarily drainage and traffic. He noted
that a Request for Reconsideration was filed on
the grounds of drainage and the Hearing Examiner
ultimately rejected the reconsideration. He
reiterated that the Hearing Examiner' s recom-
mendation is to approve the plat subject to the
conditions shown in the Hearing Examiner's
Findings and Conclusions.
ORR MOVED to accept the Findings and Recommenda-
tions of the Hearing Examiner for approval of the
Bayberry Crest Preliminary Plat except as
follows:
1) A review of the record indicates that
concerns were raised over the extension of
129th Avenue SE into Rainier View Estates;
2) The record, including the conditions set
forth in the Mitigated Determination of Non
Significance, do not substantiate a need for
the extension of 129th Avenue SE as a through
street and therefore the Hearing Examiner' s
recommendation on this issue is not supported
by the findings;
3) As indicated in the record, safety concerns
have been raised by the adjoining property
owners regarding increased traffic with
respect to extension of 129th Avenue SE;
4) That the recommendations of the Hearing
Examiner for approval of the Bayberry Crest
Preliminary Plat be accepted and approved
except for the requirement of the extension
of 129th Avenue SE as a through street into
Rainier View Estates and the plat be modified
accordingly.
Woods seconded.
The City Attorney clarified that the hearing on
this issue was held before the Hearing Examiner
and closed, and that under State law there cannot
be more than one hearing. He said that any
additional testimony taken today would not be
part of the official record, and that any modifi-
cation to the Hearing Examiner' s recommendation
would have to be based solely on the record
before the Hearing Examiner. Upon Houser's
4
Kent City Council Minutes September 2, 1997
PLATS question, Lubovich noted that the motion as
presented is to approve the Hearing Examiner' s
recommendation except for that portion of the
plat which has a road extension of 129th Avenue
SE into Rainier View Estates, so that extension
would not be included.
Satterstrom showed that area on a map and noted
that the road that gives access to the plat would
connect in with 129th to the south, which already
serves the Rainier View Estates plat, and would
create a cul de sac and not allow through traffic
into Rainier View Estates. He added that the
Council would then adopt the final plat later.
Orr stated that she was contacted some time ago
by Mr. and Mrs. Hren who asked about the process
and what the Council's role would be. She said
she had suggested to them that they follow the
process through the Hearing Examiner process and
that it would eventually come to Council. She
said that she was unaware at the time that that
may not be the best way to provide additional
testimony, but said she had suggested that they
provide information to the Hearing Examiner,
which they did. Orr said she has also had con-
tact with one of the representatives of the
property owner who was curious as to the process
and timing. She said upon review of the record,
she had concerns about the drainage and the
opening of the street. She said she feels the
drainage has been adequately addressed, but that
she did not find anything in the record to
support the opening of the street. She noted
that there was considerable testimony from the
neighborhood regarding the intrusion of addi-
tional traffic and the safety issues involved
with opening the street. She noted that
additional information has been received since
that time, but that it does not change anything
in the original record, and that her motion is
based on the original record. Upon a question
from Sue Addison, 25842 129th Place SE, as to
whether they are referring to 129th Place or
129th Avenue, Wickstrom stated that the intent is
clear. Orr added that the location has been
pointed out on the map. Orr's motion then
carried.
5
Kent City Council Minutes September 2, 1997
PLATS ORR THEN MOVED to make all of the letters
received on this issue a part of the City Council
public record. Houser seconded and the motion
carried.
Beverly Riedler, 13110 258th Street, displayed a
map and voiced concern about the water flow from
the east side of the proposed development. She
said the run off water will contain pesticides
and herbicides, and showed photos of the area.
She said that the Hearing Examiner did not take
the studies from Exhibit 18 into adequate con-
sideration and asked that the Council modify it.
She said she feels that all the ways that water
can be drained have not been addressed. She
added that her neighbor Pat Barquist is concerned
about drainage during construction.
ZONING CODE (CONSENT CALENDAR - ITEM 3E)
AMENDMENTS General Conditional Uses. ADOPTION of Ordinance
No. 3360 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 con-
ditional use permits.
(OTHER BUSINESS - ITEM 4A)
CM 1 District Regulations ZCA-97-2 . This pro-
posed Zoning Code Amendment 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.
ORR MOVED to approve the Kent Zoning Code
Amendment ZCA-97-2 , as recommended by the Land
Use and Planning Board, and to direct the City
Attorney to prepare the necessary ordinance.
Johnson seconded and the motion carried.
COMMUNITY (CONSENT CALENDAR - ITEM 3F)
DEVELOPMENT 1998 CDBG Program. SET September 16, 1997, as
BLOCK GRANT the date for the public hearing to consider the
PROGRAM 1998 Community Development Block Grant Program
(CDBG) .
6
Kent City Council Minutes September 21 1997
DIVERSITY (OTHER BUSINESS - ITEM 4E)
(ADDED BY ARTHUR HARVEY)
Diversity. Arthur Harvey, 16619 SE 251st
Street, President of the Kent Citizens
Association, noted that a representative had
been selected for the Diversity Task Force. He
asked the status of the process and whether there
will be progress reports. He said he hopes the
issue of diversity does not become campaign
rhetoric, but rather becomes reality. He
requested that diversity become a part of the
regular agenda, and that it be outlined so that
the public knows what the expectations are.
Steve Mansanarez, 10804 SE 241st Place, said that
he is concerned that there are no black police
officers or firefighters. Mayor White explained
that the task force will take up this type of
issue. Mansanarez said it is necessary to have
an inclusive population in the community, and
that something should be done to help the
community grow stronger.
Jason Hong, 6704 S. 239th Place, said he is a
member of the Kent Citizens Association and is
active in the Korean community in Kent. He said
that leaders have been insensitive to the needs
and desires of the city, and complimented the
Mayor on the formation of the diversity task
force. He said the goal of the task force is to
advise the City on how to correct problems of
employment practice, contract awarding and
affirmative action policies. He voiced concern
about the growing amount of crime, and said he
fears that local government has been focusing on
annexing surrounding communities and has over-
looked the issue of safety. He said attention
should be focused on economic development and the
needs of citizens.
Rev. Donovan Rivers asked that the issue of
diversity be considered as a life saving issue.
He said people need to work together toward
diversity.
POLICE (CONSENT CALENDAR - ITEM 3G)
Law Enforcement Education -Partnership Program
Grant. ACCEPTANCE of the Law Enforcement
Education Partnership Program (LEEP) grant in the
amount of $29, 355. This is Year Two funding and
7
Kent City Council Minutes September 2 , 1997
POLICE will be used primarily for 10 hours of staff time
as well as to provide materials, professional
services and teacher stipends for youth con-
ference participants.
(CONSENT CALENDAR - ITEM 3H)
Washinatonn Traffic Safety Commission Grant.
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 Protec-
tion (safety belts) , Impaired Driving, Community
Traffic Safety (youth and adult) , and Bike/
Pedestrian/Motorcycle Safety.
(CONSENT CALENDAR - ITEM 3I)
Police Department Transfer of Funds. 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 cur-
rently 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.
FINANCE (CONSENT CALENDAR - ITEM 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
8
Kent City Council Minutes September 2, 1997
REPORTS Council President. Houser reminded Council-
members of the Suburban Cities meeting to be held
on September 17, and asked them to contact
Ms. Banister.
Houser reminded citizens of the Open House from
noon to 3 : 00 p.m. on Saturday, September 20th, . at
City Hall.
Houser announced that a decision on the golf
course will be made at the October 7th meeting.
Operations Committee. Orr noted for Johnson
that the Operations Committee today approved an
ordinance amending the gambling tax collection
ordinance.
Public Works. Clark noted that the Committee
will meet at 3 : 30 p.m. on September 3rd.
Planning Committee. Orr noted that the Committee
will meet at 4 : 00 p.m. on September 16th.
Administrative Reports. McFall noted that there
have been very recent developments in the EMS
levy and asked Chief Angelo to explain.
(EMS Levy) Fire Chief Angelo explained that the King County
Council has until September 17 to put the EMS
levy issue on the ballot, and if it does not go
on the ballot, the advanced life support system
ceases to exist. He noted that in July the Kent
City Council approved a resolution authorizing
the County to put on the ballot a levy rate of
29 cents per thousand dollars of assessed valua-
tion for the voters to consider. He noted that
cooperation between the fire services and
emergency medical services is important. He
explained the studies which have been done and
the costs involved.
Angelo stated that today the County Council asked
whether five cities would go into emergency
session to reconsider their resolutions and put a
two-part piece of legislation on the ballot in
place of the original proposal. He noted that
the County had originally recommended 29 cents,
and that the first part of the new legislation
would be to approve 25 cents per thousand dollars
" of assessed valuation, and then if so desired,
9
Kent City Council Minutes September 2, 1997 t
(EMS Levy) the community would be asked to increase it by
4 cents. He said he would be hard pressed to
° recommend what they are suggesting. He pointed
out that the two-part approach could result in a
25 cent levy, a 29 cent levy, or neither. He
said that a 25 cent levy would result in cuts in
the level of service. He recommended trying to
continue the current level of service and
encouraged Council to consider the importance of
the 29 cent levy, noting it costs 27 . 3 cents at
this time to run the system. He suggested that
another alternative would be to pass an even
higher levy so that the City could go into the
ALS business.
Mayor White noted that the Council has gone on
record as supporting a 29 cent levy. McFall
clarified that the issue is whether King County
can put the issue on the ballot at a different
level. Angelo said that unless all five agencies
concur with the amount and concur with this
change, there will not be a levy on the ballot.
Mayor White voiced resentment that the King
County Council would play politics with emergency
medical services.
BENNETT MOVED to have the City Council place the
King County EMS Levy Renewal on the November 1997
ballot with the levy rate of 29 cents per
thousand dollars of assessed valuation. Johnson
seconded.
Bennett said he fears the two-level approach
would result in confusion. Angelo stated if the
City did it' s own levy, it would be much more
than 29 cents. He noted for Orr that it is
possible that this would not appear on the
ballot, in which case he would recommend an
emergency meeting to put a measure on the ballot
for this community. He said the best approach is
to make this levy stay together.
Woods said she is committed to the 29 cents levy,
and voiced concern about the time frame. She
suggested inserting "up to 29 cents" into the
motion. Angelo said that that may allow com-
promise. Upon the Mayor' s question, Angelo
10
Kent City Council Minutes September 2, 1997
(EMS Levy) explained the delay and why this has come down to
the last moment, emphasizing that there has been
no delay on the City' s part. It was noted that
September 17 is the deadline to place an issue on
the ballot. McFall clarified that while there is
time to place an issue on the ballot, it may be
difficult to do research and provide
documentation before then. He said the biggest
concern would be the lead time required to get
ready to provide advanced life support services
by January 1.
Epperly encouraged staying at 29 cents. Orr
agreed, but voiced concern that King County would
use that to eliminate something so important to
the community. Woods said all cities have had
problems working with the County. Bennett said
that in order for any of the communities to
survive, regionalization is necessary.
BENNETT THEN RESTATED HIS MOTION that the Kent
City Council approve King County placing the EMS
levy renewal on the 1997 ballot with a levy rate
of 29 cents per thousand dollars of assessed
valuation. Epperly seconded and the motion
carried.
Upon Orr' s question, Chief Angelo agreed to pro-
vide the names of the Councilmembers who voted
for and against the split levy.
CLARK MOVED that Council direct Administration to
write the King County Council on behalf of all
elected officials of Kent, who are saddened and
upset that the EMS issue has been handled in this
described fashion and seek a more rational and
timely treatment of a matter of this type of
joint cooperation when citizens' safety is at
risk. Woods seconded and the motion carried.
ADJOURNMENT The meeting adjourned at 8:20 p.m.
Brenda Jac a ', CMC
City Cler
11
.................
Kent City Council Meeting
Date September 16 , 1997
Category Consent Calendar
1. SUBJECT: CM-1 DISTRICT REGULATIONS ZONING CODE AMENDMENT
#ZCA-97-2 - ORDINANCE
2 . SUMMARY STATEMENT: Adoption of Ordinance No. J3( 1 related
to the CM-1 District Regulations Zoning Code Amendment
#ZCA-97-2 which the City Council approved on September 21
1997.
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: City Council
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3C
i
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Section 15.04.120 of the
Kent City Code to allow warehousing and distribution
facilities and storage of goods and products in CM-1 zones
and further allowing trucking terminals and rail/truck
transfer uses as conditional uses in CM-1 zones.
WHEREAS, under current zoning, warehousing and distribution facilities
and the storage of goods and products are not allowed uses in CM-1 under the City's zoning
codes; and
_. WHEREAS, trucking terminals and railroad truck transfer uses are not
allowed as conditional uses in CM-1 zones under the Kent Zoning Code; and
WHEREAS, on or about November 4, 1996, an application was properly
made to the City of Kent requesting a change to the City's Zoning Code, Section 15.04.120
to allow warehousing and distribution facilities and the storage of goods and products in
CM-1 zones and to further allow trucking terminals and rail/truck transfer uses as
conditional uses in CM-1 zones; and
WHEREAS, on July 28, 1997, after providing appropriate notice, the City
of Kent's Land Use and Planning Board held a public hearing on these proposed
amendments to the City's CM-1 zoning district regulations; and
Warehousing/Distribution in CM-1 Zones
WHEREAS, after the conclusion of the public hearing, the City's Land Use
and Planning Board approved a recommendation to amend Section 15.04.120,to allow
warehousing and distribution facilities and the storage of goods and products in CM-1
zones and to further allow, as a conditional use in CM-1 zones, trucking terminals and
rail/truck transfer uses; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON.DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I. Section 15.04.120 of the Kent City Code is hereby amended
by amending subsections (A) and (D) as follows:
Sec. 15.04.120. Commercial manufacturing-1 district, CM-1.
It is the purpose of the CM-1 district to provide locations for those types of
developments which combine some characteristics of both retail establishments and
industrial operations, heavy commercial uses and wholesale uses.
A. Principally permitted uses. Principally permitted uses are as follows:
1. Heavy commercial uses, which often include outdoor storage, such
as lumberyards, trailer and truck rentals, new and used car lots,
building and contractor supply storage yards, body repair shops,
auto repair and carwashes.
2. Contractor shops where most of the work is done on call, and which
do not rely on walk-in trade, but where some storage or semi-
manufacturing work is done on the premises, such as carpentry,
heating, electrical or glass shops, printing, publishing or
lithographic shops, furniture upholstery, dry cleaning and
exterminators.
3. Outdoor storage such as trucking, transfer or contractor storage
yards.
2 Warehousing/Distribution in CM-1 Zones
4. Manufacturing uses as follows:
a. Manufacturing uses such as bottling, breweries (primarily
wholesale), laundry and dyeing, and welding shops.
b. Specialty manufacturing such as custom sheetmetal.
5. Warehousing and distribution facilities and the storage of goods and
products.
Other retail uses that are deemed to be compatible by the planning
director. These uses shall not be convenience or soft line
commercial uses but might include furniture or appliance stores,tire
stores or auto parts, as these are large, nonpedestrian oriented retail
uses. Such uses shall be in accordance with the stated purpose of
this district.
Cr7. Small scale light manufacturing operations as follows: stamping,
brazing,testing, electronic assembly and kindred operations where
the building, structure or total operation does not encompass more
than ten thousand (10,000) square feet of area. The ten-thousand-
square-foot total shall include all indoor and outdoor storage areas
associated with the manufacturing operation. Only one (1) ten-
thousand-square-foot manufacturing operation shall be permitted
per lot.
Miniwarehouse.
8-9. Complexes which include combinations of uses,including a mixture
of office, light manufacturing, storage and commercial uses.
91Q Restaurants.
4&LL Municipal uses and buildings, except for such uses and buildings
subject to section 15.04.200.
+47il New single-family residences.
Existing dwellings may be rebuilt, repaired and otherwise changed for
human occupancy. Accessory uses for existing dwellings may be
3 Warehousing/Distribution in CM-1 Zones
constructed. Such uses are garages. carports, storage sheds and fences.
B. Accessory uses. Permitted accessory uses are as follows:
1. Accessory uses and buildings customarily appurtenant to a
permitted use such as incidental storage facilities, and loading and
unloading areas.
2. For permitted uses, hazardous substance land uses, including onsite
hazardous waste treatment or storage facilities, which are not
subject to cleanup permit requirements of chapter 11.02 and which
do not accumulate more than ten thousand (10,000) pounds of
hazardous substances or wastes or any combination thereof at any
one (1) time on the site, subject to the provisions of section
15.08.050, except offsite hazardous waste treatment or storage
facilities, which are not permitted in this district.
C. Special permit uses. Special permit uses are as follows: gasoline service
stations.
D. Conditional uses. Conditional uses are as follows:
1. Offices.
2. Light manufacturing operations in any building regardless of size
built prior to June 4, 1973; provided, however, that if it should
become necessary to rebuild or replace any such building then the
light manufacturing operations permitted under this subsection shall
not encompass an area greater than the size of such building on June
4, 1973.
�. Trucking terminals and rail/truck transfer uses
3-4. For permitted uses, accessory hazardous substance land uses which
are not subject to cleanup permit requirements of chapter 11.02 and
which accumulate more than ten thousand (10,000) pounds of
hazardous substances or wastes or any combination thereof at any
one (1)time on the site or which handle more than twenty thousand
4 Warehousing/Distribution in CM-1 Zones
(20,000) pounds of hazardous substances or wastes or any
combination thereof on the site in any thirty-day period of time,
subject to the provisions of section 15.08.050. except offsite
hazardous waste treatment or storage facilities, which are not
permitted in this district.
4 Group homes class I-A, I-B, I-C, II-A, II-B, II-C and III.
-5-6. General conditional uses as listed in section 15.08.030:
E. Development standards.
1. Minimum lot. Minimum lot area is ten thousand (10,000) square
feet.
2. Maximum site coverage. Maximum site coverage is fifty (50)
percent.
3. Front yard. Minimum front yard is fifteen (15) feet.
4. Side yard. No side yard is required, except when a side yard abuts
a residential district, and then a twenty-foot side yard shall be
required.
5. Rear yard. No rear yard is required, except when a rear yard abuts
a residential district, and then a twenty-foot rear yard shall be
required.
6. Height limitation. The height limitation is two (2) stories or thirty-
five (35)feet. However, the planning director shall be authorized to
grant one (1) additional story in height if during development plan
review it is found that this additional story would not detract from
the continuity of the area. More than one (1) additional story may
be granted by the planning commission.
7. Landscaping. The landscaping requirements of chapter 15.07 shall
apply-
5 Warehousing/Distribution in CM-1 Zones
8. Outdoor storage. Outdoor storage areas shall be fenced for security
and public safety by a sight-obscuring fence unless it is determined
through the development plan review that a sight-obscuring fence
is not necessary. Any unfenced outdoor storage areas shall be paved
with asphaltic concrete, cement or equivalent material to be
approved by the city engineer.
F. Signs. The sign requirements of chapter 15.06 shall apply.
G. Offstreet parking. The offstreet parking requirements of chapter 15.05 shall
apply.
H. Development plan review. Development plan approval is required as
provided in section 15.09.010.
SECTION Z Section 15.04.120 of the Kent City Code, which is amended
by this ordinance, shall remain in full force and effect until the effective date of this
ordinance.
SECTION 3. - . everab 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.
SECTION 4. - Effective Date. This Ordinance shall take effect and be in
force five (5) days from publication as provided by law.
JIM WHITE, MAYOR
6 Warehousing/Distribution in CM-1 Zones
�- ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED: day of 11997.
APPROVED: day of 1997.
PUBLISHED: day of 11997.
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.A MORDMANCTM IZON.ORD
7 Warehousing/Distribution in CM-1 Zones
Kent City Council Meeting
Date September 16 1997
Category Consent Calendar
1. SUBJECT: GAMBLING TAX CODE AMENDMENT - ORDINANCE
2 . SUMMARY STATEMENT: Adoption of Ordinance No. 3 3p amending
the City' s Gambling Tax Code to extend tax treatments for
non-profit gambling operators to commercial operators for
punch boards and pulltabs as was recently authorized by the
State legislature. The draft ordinance also includes changes
and provisions to bring the Kent City Code up-to-date with
current gaming technology and facilitate collection of
gambling taxes and enforcement of these provisions.
3 . EXHIBITS: Proposed Ordinance; informational memorandum
4 . RECOMMENDED BY: City Council Operations Committee (9/2/97) (3-0)
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO YES Unknown
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3D
City of Kent
K MEMORANDUM
DATE: September 10, 1997
TO: Mayor White and the Kent City Council
FROM: Brent McFall
Director of Operation's
orLl
SUBJECT: DRAFT Ordinance Amending the City Code on Gambling Taxation
Please find attached a draft ordinance amending Chapter 3.21 of the Kent City Code relating to
Gambling Taxation. This draft language includes changes requested at the August 5 City
Council Operations Committee meeting, and recommended to full Council at their September 2
meeting. The changes extend tax treatments passed during the last Legislative Session for non-
profit gambling operators to commercial operators for punch boards and pull tabs. The draft
ordinance also includes changes and provisions to bring our Code up to date with current gaming
technology and facilitate collection of gambling taxes and enforcement of these provisions. The
only change made since the Operations Committee meeting is to make the effective date of the
ordinance October 1, 1997,to coincide with the beginning of the next fiscal quarter, simplifying
implementation and collection for gambling operators and the City.
Please let us know if we can provide additional assistance.
City of Kent
MEMORANDUM
TO: Mayor White and Kent City Councilmembers
J. Brent McFall, Director of Operations
FROM: Dena Laurent, Government Affairs Manager -�
DATE: August 4, 1997
RE: Gambling Taxes
At its last meeting,the City Council Operations Committee requested information regarding
gambling tax legislation passed during the most recent Legislative Session. Specifically, the
Committee was responding to the interests of local businessmen requesting that the City adopt
provisions in the new legislation favorable to their operations. The purpose of this memo is to
outline the provisions of the legislation and summarize the projected financial impact on the City
of its mandatory and optional provisions. This memo provides projections updated based on the
more recent review of non-profit gambling operators. That review showed more non-profit
operators than originally projected, and hence a greater impact of this legislation on non-profit
gambling revenues than originally projected.
umm=
Implementing the new "net" tax provisions for non-profits only, costs the City between $7,966
and $15,837 annually, unless the operators increase the price for at least some of the chances and
the City increases the tax rate. Implementing the "net" tax provisions for non-profits is mandated
under the new law. The City's only decision for non-profits is to choose the tax rate. Extending
the new "net" tax provisions to commercial punch board and pull tab operators, is at the City
Council's discretion, and would cost the City between $132,293 and $263,010 annually unless
the operators increase the price of at least some of the chances and the City increases the tax rate.
Tax revenue from punch boards and pull tabs for both non-profit and commercial operators in
1996 totaled $457,269.
SB 5034 does the followine:
allows all gambling operators to increase the chance on punch boards or pull tabs from
50 cents to $1
► changes the tax base for non-profit organizations on punch boards and pull tabs from
gross receipts, to gross receipts less the amount awarded in prizes, and increases the
maximum tax rate from 5%to 10%
► allows local legislative authorities to extend the new tax treatment given to non-profits to
the commercial sector. Without local legislative action, commercial operators of punch
boards and pull tabs would continue to have their revenues taxed at 5% of gross receipts.
- The following table summarizes the impact of these potential changes on City revenues. All
calculations are based on 1996 revenues, assume prizes cost 66.8% of gross revenues, and
-- assume implementation of the "net" tax treatment separately for both non-profit and commercial
operators.
Net Fiscal Impact on City Revenues for Changes to Punch Board and Pull Tab
Prices and Tax Rates for both Non-Profit and Commercial Operators
from "Net Receipts" Tax Base Treatment
Option 1: No Change in Rate or Price Option 2: No Change in Rate, Increase Price
Chances @ $.50 Chances at$1
Non-Profit Commercial Non-Profit Commercial
Tax rate 5% -$28,236 -$250,612 -$14,203 -$126,056
Option 3: Change Rate, no Change in Price Option 4: Change Rate and Price
Tax rate 10% -$14,203 -$126,056 +$13,864 +$123,055
It is difficult to identify what increase in the tax rate would be revenue neutral, since the City has
no control over how many operators choose to sell what portion of their chances at the new$1
maximum rate. If I can provide additional information, please do not hesitate to contact me at
859-4154.
Appendix-Background
The City of Kent has realized increases in gambling tax revenue over the past three years.
1994 1995 1226
Total Gambling Tax Revenue $376,886 $403,375 $457,269
Revenue from Punch Boards & Pull Tabs $329,539 $360,465 $417,437
Percentage from Punch Boards & Pull Tabs 87.44% 89.36% 91.29%
The percentage of punch board and pull tab revenue from non profits has declined slightly in
1996.
1224 12K 122k
Revenue from all Punch Boards and Pull Tabs $329,539 $360,465 $417,437
Revenue from Commercial PB/PT $285,695 $314,278 $375,168
Revenue from Non-Profit PB/PT $ 43,844 $ 46,187 $ 42,269
% from Commercial vs.Non-Profit 87%/13% 87% /13% 90%/10%
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Chapter 3.21 of the Kent
City Code establishing a new tax rate of ten percent(10%)
on the operation of punchboard and pulltabs based on gross
receipts, less the amounts awarded as cash or merchandise
prizes; and establishing definitions, a new method payment
provision, a new record keeping requirement, and providing
a process for under or over payment.
WHEREAS, the Washington State legislature has revised the State
Gambling Code to allow the taxation of bona fide charitable or non-profit organizations at
a tax rate of ten percent(10%) on the operation of punchboard and pulltabs based on gross
receipts less the amounts awarded as cash or merchandise prizes; and
WHEREAS, at the option of the City, the State legislation now authorizes
the taxation of commercial stimulant operators at a tax rate of ten percent (10%) on the
operation of punchboard and pulltabs based on gross receipts less the amounts awarded as
cash or merchandise prizes; and
WHEREAS,the Operations Committee has reviewed information submitted
by businesses in Kent, encouraging the City to exercise the option to tax bona fide
charitable organizations or non-profit organizations and commercial stimulant operators
similarly for punchboard and pulltab operations;
WHEREAS,the Gambling Tax Code has been limited regarding the adopted
enforcement provisions and such limitations need updating at this time; NOW
"" THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT. WASHINGTON,DOES _..
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 3.21 of the Kent City Code is hereby amended as
follows:
CHAPTER 3.21. GAMBLING TAX
Sec. 3.21.010. Tax imposed.
A. In accordance with RCW 9.46.010 et seq., there is levied upon all persons,
associations and organizations who have been duly licensed by the state gambling
commission to conduct or operate:
1. Any bingo games and raffles, a tax rate of ten (10%) percent of the gross
revenue received therefrom less the amount paid for as prizes; subject.
however, to the provisions of subsection$C. below;
2. Any amusement games, a tax in an amount sufficient to pay the actual costs
of enforcement of the provisions of RCW 9.46.010 et seq.; provided, that
such tax shall not exceed two (21/6) percent of the gross revenue from any
such amusement games less the amount paid for awarded as prizes;
3. Taxation of Anypunchboards; and pulltabs;is based on --`- `r"
(5) pereenc of the gross receipts from stieh ptmelibeards ot pt4itftbs the
operation of the games less the amount awarded as cash or merchandise
prizes and shall not exceed a rate of ten percent (10%);
4. Taxation of asocial card games;based upon a tax rate of ten(10) percent of
the gross receipts received therefrom.
B. Definitions. For the a=oses of this chapter the words and terms used herein shall
jhave the same meaning given to each pursuant to RCW Chanter 9.46. as same exist
or may from time to time be amended-, and as set forth under the rules of the
Washington State Gambling Commission Chapter 23'0 Washington Administrative
Code as the same exists or may hereafter be amended unless otherwise specifically
provided herein.
$-C. No tax shall be imposed under the authority of this chapter on bingo, raffles. or
amusement games when such activities or any combination thereof are conducted
by any bona fide charitable or nonprofit organization as defined in Ch. 9.46 RCW,
9 q y,9�9(7j which organization has no paid operating or management personnel
and has gross ineame r cei t from bingo, raffles or amusement games, or any
combination thereof, not exceeding five thousand dollars ($5,000.00) per year less
the amount pRid for aw as cash or merchandise prizes.
Sec.3.21.020. Administration and collection. The administration and collection
of the tax imposed by this chapter shall be by the finance director, pursuant to the rules and
regulations of the state gambling commission. The city council shall adopt and publish such
rules and regulations as may be reasonably necessary to enable the collection of the tax
imposed herein.
Sec. 3.21.030. Filing. For the purpose of identifying who shall be subject to the
tax imposed by this chapter, any person, association or organization intending to conduct
or operate any gambling activity authorized by RCW 9.46.010 et seq. shall, prior to
commencement of any such activity, file with the finance director a sworn declaration of
intent to conduct or operate such activity, together with a copy of the license issued in
accordance with RCW 9.46.010 et seq. Thereafter, for any period covered by such state
license or any renewal thereof, any person, association or organization, shall on or before
the fifteenth day of the month following the end of the quarterly period in which the tax
accrued, file with the finance director a sworn statement on a form to be provided and
prescribed by the city council for the purpose of ascertaining the tax due for the preceding
quarterly period.
Sec.3.21.040. Tax due.
A. The tax imposed by this chapter shall be due and payable in quarterly installments
and remittance therefor.together with the return forms.shall
emd be made on or before the final day of the month immediately succeeding the
quarterly period in which the tax accrued. Such pUments shall be due on January
31 st April 30th July 31 st and October 31 st of each respective year.
l. Whenever any erson association or organization taxed under this chapter
quits business sells out or otherwise disposes of its business. or terminates
the business any tax due shall become due and payable immediately and
such taxpaver shall within ten(10)days thereafter making a return and pay
the tax due.
2. Whenever it appears to the finance director that the collection of taxes from
any person, association or organization may be in jeopardy, the finance
director after not less then ten (10) days notice to the taxpayer. is
authorized to require that the taxpaver remit taxes due and returns at such
shorter intervals than otherwise provided as the finance director deems
appropriate under the circumstances.
Sec 3 21 041 Administration and collection of tax
A. Administrar;nn and collection of the various taxes im op sed by this chapter shall be
the responsibility of the finance director. Remittance of the amount due shall be
accompanied by a completed return form prescribed and provided by the finance
director. The taxpayer shall be required to swear and affirm that the information
given in the return is true accurate and complete.
B. The finance director is authorized but not required to mail to taxpayers forms for
returns Failure of the taxpayer to receive such a form shall not excuse the taxpayer
from making the return and timely paying all taxes due The finance director shall
have forms available to the public in reasonable numbers at the City Hall Customer
Services Department during regular business hours
C. In addition to the return form a copy of the taxpayer's quarterly report to the
Washington State Gambling Commission required by Chapter 230-08 WAC for the
period in which the tax accrued shall accompany remittance of the tax amount due.
Sec 3 21 042 Method of payment Taxes payable hereunder shall be remitted
to the finance director on or before the time required by bank draft certified check.
cashier's check personal check money order credit card or cash If payment is made by
draft credit card or check the tax shall not be deemed paid until the draft. credit card. or
4
check is honored in the usual course of business nor shall the acceptance of any sum by
the finance director be an acquittance or discharge of the tax unless the amount Paid is the
full amount due The return and copy of the quarterly report to the Washington State
Gambling Commission shall be filed in the office of the finance director after notation by
the finance director upon the return of the amount actually received from the taxpaver.
Sec. 3 21 043 Failure to make timely pyment of tax or fee. B- For each
payment due, if such payment is not made by the due date thereof, there shall be added a
penalty as follows:
1. If not paid on or before the first day of the second month next succeeding
the quarterly period in which the tax accrued, ten (10) percent of the total
tax due with a minimum penalty of five dollars ($5.00).
2. If not paid on or before the first day of the third month next succeeding the
quarterly period in which the tax accrued, fifteen (15) percent of the total
tax due with a minimum penalty of ten dollars ($10.00).
3. If not paid on or before the first day of the fourth month next succeeding the
_. quarterly period in which the tax accrued, twenty (20) percent of the total
tax due with a minimum penalty of twenty dollars ($20.00).
4. Failure to make full payment of all taxes and penalties due by the final day
of the third month next succeeding the quarterly period in which the tax
accrued shall be deemed to be both a criminal and civil violation of this
chapter.
Sec. 3.21.050. Records required
ehapter.
A_. Each person association or organization engaging in an activity taxable under this
i
chic pter shall maintain records respecting that activitly which truly. completely. and
5
accurately disclose all information necessary to determine the taxpaver's tax
liability hereunder during each base tax period Such records shall be kept and
maintained for a period of not less than thme vears In addition all information and
items reQuired by the Washington State Gambling( ^mmicaion under Chapter'_30-
08 WAC and the United States Internal Revenue Service respecting taxation, shall
be kept and maintained for the periods reauired by ose agencies.
B. All books records and other items reauired to be kept and maintained under this
section shall be subject to and imntediately made available for inspection and audit
at anytime with or without notice at the place where such records are kept upon
the demand of the finance director or his designee for the 12=ose of enforcing the
provisions of this chapter.
C, Where the t=aver does not kea all of the books records or items reauired to be
kept or maintained under this section within the jurisdiction of the city so that the
auditor may examine them conveniently the taxtxayer shall either:
1. Produce and make available for inspection in this jurisdiction all of the
required books records or other items within ten (10) days following a
request h the auditor that he do so-.
2. Bear the actual cost of inspection by the auditor or his designee at the
location of which books records or items are located: provided that a
taxpayer choosing to bear these costs shall 2av in advance to the finance
director the estimated costs thereof including but not limited to round trip
fare by the most rapid means lodging meals and incidental expenses Thee
actual amounts due or to be refunded for expenses shall be determined
following the examination of the records
D. A taxnaver who fails neglects or refuses to produce such books and records either
within or without this jurisdiction in addition to being subject to other civil and
criminal penalties provided by this chapter shall be subject to a jeopardy fee or tax
assessment by the auditor which penalty fee or jeeopardy assessment shall be
deemed pima facie correct and shall be the amount of the fee or tar owing by the
6
taxl2Uel-uniess he can prove otherwise The taxpayer shall be notified by the
finance director by posting in the mails of the United States addressed to the
taxpUer to the last address on file with the finance department a statement of the
amount of tax so determined by d«ardy assessment together with any penalty
and/or interest. and the total of such amounts shall thereupon become immediately
due and payable.
Sec 3,21.051. Overpayment or underpayment of tax If upon application by
a taxpayer for a refund or for an audit of his records or upon any examination of the returns
or records of any taxpayer it is determined by the finance director that within three years
immediately preceding_receipt by the finance director of the appl ication by the taxpayer for
a refund or an audit or in the absence of such an application within three years
immediateprecedingthe commencement by the finance director of such examination:
�
A. A tax or other fee has been paid in excess of that properly due the total excess paid
over all amounts due to the city within such yeriod of three years shall be credited
to the payer's account or shall be credited to the taxpayer at the taxpayer's option
No refund or credit shall be ailowed for any excess paid more than three years
before the date of such application or examination.
A tax or other fee has been paid which is less than that properly due or no tax or
other fee has been paid the finance director shall mail a statement to the taxpayer
showing the balance due including the tax amount or penalty assessments and fees
and it shall be a separate additional violation of this chapter both civil and criminal
if the taxpayer fails to make payment in full within ten (1 O)calendar days of such
mailing.
See, z 71 nay Failure to male return If anYtaxpayer fails neglects or refuses
to make and file his return as and when required under this chapter the finance director is
authorized to determine the amount of tax payable together with any penalty and/or interest
assessed under the provisions of this chapter and by mail to notify such taxpayer of the
amount so determined which amount shall thereupon become the tax and penalty and/or
interest and shall become immediately due and payable.,
Sec 3 21 053 Tax additional to others The taxes levied herein shall be _.
additional to any license fee or tax imosed or levied under anv law or other ordinance of
the city except as otherwise herein expressly' provided.
Sec 3 21 054 Finance director to make rules The finance director shall have
the 12ower and it shall be his or her duty from time to time to adopt publish and enforce
rules and reeulations not inconsistent with this chapter or other applicable laws for the
purpose of carrying out the=visions hereof and it is unlawful to violate or fail to comply
with= such rule or regulation.
Sec 3 21055 Taxes penalties and fees constitute debt to municipality. Any
tax due and unpaid under this chaptgY and all penalties or fees shall constitute a debt to the
ccit�: and may be collected by court proceedings the same as any other debt or like amount
which shall be in addition to all other existing remedies.
Sec. 3.21.060. Penalties. Any person who shall fail or refuse to pay the tax as
required in this chapter, or who shall wilfully disobey any rule or regulation promulgated
by the city council under this chapter, shall be guilty of a misdemeanor and upon
conviction shall be punished by imprisonment for not more than ninety (90) days or by a
fine of not more than two hundred fifty dollars ($250.00) or by both such fine and
imprisonment. Any such fine shall be in addition to the tax required. Officers, directors and
managers of any organization conducting gambling activities shall be jointly and severally
liable for the payment of the tax and for the payment of any fine imposed under this
chapter.
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.
I
8
5ECTION3. - Effective Date. This Ordinance shall take effect and be in
force on October 1, 1997, which is more than five (5) days from the time of its final
approval and passage as provided by law.
i
1
JIM WHITE. MAYOR
'I
I
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED: day of 11997.
APPROVED: day of 11997.
i
PUBLISHED: day of 11997.
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
jI City of Kent as hereon indicated.
it
(SEAL)
BRENDA JACOBER, CITY CLERK
P'\LAW\ORDINANC\GAMBLING.ORD
9
............. .
................
Kent City Council Meeting
Date September 16, 1997
Category Consent Calendar
1. SUBJECT: PROPOSED TWO-YEAR FUNDING CYCLE FOR HUMAN SERVICES
2 . SUMMARY STATEMENT: Approval of a two-year funding cycle for
Human Services beginning in 1999, as recommended by the City
Council Planning Committee.
3 . EXHIBITS: memo; Two-Year Funding Cycle: Analysis and
Recommendation; Pros and Cons Report; and City Council Planning
Committee Minutes of September 21 1997
4 . RECOMMENDED BY: City Council Planning Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3E
clTr or TAWT
Planning Department (206) 859-3390/FAX (206) 850-2544 Jim White, Mayor
MEMORANDUM
September 16, 1997
TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: KATHERIN JOHNSON, HUMAN SERVICE PLANNER
SUBJECT: PROPOSED TWO-YEAR FUNDING CYCLE FOR HUMAN SERVICES
Background
One of the Office of Housing and Human Services goals as outlined in the 1997 Budget Document
was to analyze the merits of changing to a two-year funding cycle for allocation of general fund
human services dollars.
Staff has analyzed the available data and developed a proposed plan for a two-year cycle for Kent.
The available data was gathered from three South King County cities and two East Side cities who
are either currently using or are in the process of implementing a two-year cycle.
Our analysis revealed the advantages far outweigh the disadvantages to both the City and the
agencies. The primary disadvantage is limiting the ability to respond to emerging needs. Although
this is a concern, staff feels that this is significantly mitigated because our City currently funds a
wide range of programs that meet a variety of needs.
I have attached the following two documents that outline our analysis of this process:
1. Two-Year Funding Cycle - Analysis and Recommendation
2. Pros and Cons of a Two-Year Funding Cycle
You will note from the first chart that two of our neighboring South King County cities (Tukwila
and Federal Way) have already adopted a two-year cycle, and SeaTac is taking it to Council in
August or September. Des Moines is also considering proposing a two-year cycle. If the City of
Kent decides to adopt the two-year cycle for the 1999 - 2000 funding years, there would be three
South King County cities (four cities if SeaTac Council approves the change) on the same funding
cycle. Since all of the South King County cities are using the common application form and joint
application workshops, being on the same cycle would benefit agencies, City staff and the Human
Services Commission.
The Human Services Commission considered this item at its June 26, 1997 meeting and
M recommended that the City Council adopt a two-year funding cycle for general fund human services
dollars beginning in 1999.
2201th AVENUE SOUTH / KENT.WASHINGTON 98032-3995 1 TELEPHONE (253i 959-3300
City Council Meeting
September 16, 1997
Page 2
On September 2, 1997 the Planning Committee considered this item and approved the two-year
funding cycle for general fund human services dollars beginning in 1999.
Requested Action
1. Approval of a two year funding cycle for General Fund Human Services dollars beginning
in 1999.
KJ/mp:P:\HUMANSER\COMMISS\2YRCCMEM.WPD
Attachments
cc: Jim P. Harris, Planning Director
Fred Satterstrom, Acting Planning Director
Lin Houston Cashman, Human Services Manager
Rachel Johnston, Human Services Planner
C n 6 Y YC Y
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Kent City Council Meeting
Date September 16, 1997
Category Consent Calendar
1. SUBJECT: CHARGE IN LIEU OF ASSESSMENT - APPROVAL
2. SUMMARY STATEMENT: Authorization for the Public Works
Department to revise the charge in lieu of assessment #49 to
reflect a modified service area and refund the previously paid
charge in lieu of assessment, as recommended by the Public
Works Committee.
While upsizing the sewers along Benson Highway & SE 256th
Street, the Public Works Department levied a charge in lieu of
assessment on those properties that would benefit therefrom.
However, in one area properties are now draining into a
different system, thereby not benefitting from the sewer
upsizing.
3 . EXHIBITS: Public Works Committee Minutes; Public Works
Director Memorandum
4 . RECOMMENDED BY: Public Works Committee (telephone concurrence
from Judy Woods
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3F
PUBLIC WORKS COMMITTEE
September 3, 1997
PRESENT: Tim Clark Roger Lubovich
Connie Epperly Ed White
Don Wickstrom
ABSENT: Judy Woods
Audience Participation:
1) Henry Knies representing Kent View Christian School
2) David Isola, Kent School Board Member
3) City of Kent Employees
Charge in Lieu of Assessment #49 Proposed Revision
Wickstrom explained that in the early 1980's we upsized the sewers on Benson Highway
and S.E. 256th Street to relieve some constrictions. In so doing, we levied a Charge in
Lieu of Assessment on those properties that would benefit from that sewer upsizing. He
noted that along one area within that charge, properties are draining into a different
system thereby not benefitting from the sewer upsizing. At this time, we want to lift
that charge on those specific properties. Wickstrom noted that in order to do so, we
need to submit the original legal description for that charge.
Committee unanimously recommended authorization for the Engineering Department
to revise the charge in lieu of assessment #49 to reflect a modified service area and
refund previously paid charge in lieu of assessment.
Kent View Christian School - Parking along 3rd Avenue
Wickstrom said a meeting was held on Thursday, August 28th between the Mayor,
Councilperson Christi Houser, Public Works Staff and representatives of the Kent View
Christian School. At that time, we agreed to put temporary cones in the street to mark
off the parking areas until Council had an opportunity to act on a revised parking
restriction. He noted that as an interim solution, it was our intent to only place the
cones on the east side of the street. The approach was to restrict parking between 9:00
a.m. and 6:00 p.m. on 3rd Ave during weekdays.
Ed White Transportation Engineer - There are a number of issues that were brought
up at Thursdays meeting. Our intent here is to respond to the concerns of the Church
in terms of exactly where they would like to go from here. This was the last of three
1
DEPARTMENT OF PUBLIC WORKS
SEPTEMBER 3, 1997
TO: Public Works Committee
FROM: Don Wickstrom
RE: Charge in Lieu of Assessment #49 Proposed Revision
The Engineering Department proposes to revise existing charge in lieu of assessment #49 for
a previously constructed sanitary sewer project by deleting various properties currently subject
to the charge. Based on the current sewer system and anticipated expansion thereof, numerous
properties are no longer in the benefit area established for the original project. The proposal
also includes reimbursement of those who have already paid the charge.
The properties are located on the East Hill of Kent as shown on the attached maps and
described by the attached legal description.
The original charge, and area charge, was established for sewer trunk improvements
constructed in 1982 to increase the capacity to the sewer basin in the general vicinity of 104th
Ave SE from approximately SE 260th Street to SE 244th St. The increase in capacity was
needed to allow further development and all undeveloped properties within the basin were
identified to pay a portion of the cost through a charge in lieu of assessment.
The properties now in question are located in the vicinity of SE 244th St. near the northern basin
boundary. Based on sewer extensions constructed since 1982, these properties will be served
through the adjacent drainage basin to the north. Therefore these properties will not be
benefited or serviced by the 1982 improvements.
One of the affected properties recently connected to the sewer and paid the charge. A refund
of $809.52 will be issued to that property owner. Also, this revision will reduce the potential
reimbursement to the City through collection of the charge in lieu of assessment by $140,834.
The charge was originally established by recording number #7905220889 and revised by
#8203170003. Therefore, a new document will be recorded for each of the affected properties
releasing the current connection charge.
ACTION REQUESTED:
Authorize the Engineering Department to revise charge in lieu of assessment #49 to reflect a
modified service area and refund previously paid charge in lieu of assessment.
sewcharg.wp&MKV 1
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LEGAL DESCRIPTION
All of R. J. Bower's Addition as recorded in Volume 51 page 29 in King County, Washington. AND
ALSO
that portion of the Northeast quarter of Section 20, Township 22 N. Range 5 E. W.M. in King
County, Washington described as follows:
Beginning at the intersection of the West line of said Northeast quarter and the centerline of SE
244th Street; thence Southerly along the West line a distance of 659.61 feet; thence Easterly parallel
with the centerline of SE 244th Street to a point lying 200.00 feet Easterly of the Westerly line of
the East half of the Northwest quarter of the Southeast quarter of said Northeast quarter; thence
Northerly parallel to the West line of said section to a point lying 130.00 feet North of the Northerly
margin of SE 244th Street; thence Easterly parallel with the centerline of SE 244th Street to the West
line of said Northeast quarter: thence Southerly along said West line to the Point of Beginning,AND
ALSO
the South 130 feet of Lots 9 and 10. all of Lots 23 and 24. portion of Lot 27 described as follows:
Beginning at the Northwest corner of said Lot 27 thence South 89°1 T25" East along the North line
of said Lot a distance of 14.08 feet: thence South 03°30'06" East along the existing fence 126.34
feet; thence North 89'1 T25" West 24.05 feet to West line of said Lot; thence North 01001'23" East
along said West line 126.00 feet to the POINT OF BEGINNING per City of Kent Lot Line
Adjustment Number LL-90-l 3 Recording Number 9005080692. and the North 453 feet of Lot 28
of R.O. Smith's Orchard Tracts Addition to Kent as recorded in Volume 12. page 27 in King County,
Washington.
Lmv970I9
............... .
Kent City Council Meeting
Date September 16 1997
Category Consent Calendar
1. SUBJECT: DOWNTOWN FREE BICYCLE ZONE - APPROVAL
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for staff to establish a viable plan
to implement a free bicycle zone with a report back to the
Public Works Committee by the end of January. This item has
been presented to the Bicycle Advisory Board, who concurred.
3 . EXHIBITS: Public Works Committee Minutes
4 . RECOMMENDED BY: Public Works Committee (telephone concurrence
from Judy Woods)
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
-
council Agenda
Item No. 3G
have been running for 18 months and now we are faced with an immediate crisis in an
immediate area and on that particularly street where the street is located, we don't have
the streets and the curbing up to code. When that does occur, the school should know
that the bill will be significant.
Clark further stated that for City employees, we know the situation is going to be a
further aggravated problem. He noted that Administration stated there will be an
attempt to open up more parking in the Centennial garage.
Committee unanimously recommended that 20 mph speed limit signs be posted along
3rd Avenue.
Committee unanimously recommended that school zone signs be posted along 3rd
Avenue and, Saar Street.
Clark stated that this recommendation is made with the stipulation that the zoning signs
may be revisited in the future.
Committee unanimously recommended that the intersection of 3rd Avenue & Saar
Street be posted as a 4-way stop.
Clark noted that this recommendation is made with the stipulation that the 4-way stop
at 3rd Ave &Saar may be revisited in the future.
;> Downtown Free Bicycle Zone
Committee recommended that staff be directed to establish a viable plan to implement
a free bicycle zone with a report back to the Public Works Committee by the end of
January.
Clark explained that the conversion of the downtown area into a free bicycle zone has
been brought forward in an informal discussion before the Council with concurrence on
that. There was a meeting with the Kent School District and at that time the agreement
was to present this to the Bicycle Advisory Board for which we received their
concurrence. Clark noted that there is a need to bring this plan into something that
would be workable for Kent before the arrival of the RTA station. He stated that the
intent of this motion is to guarantee that we have explored the various alternatives and
we have something that we can work with in Kent and then get to the final phase of
implementation.
7
Kent City Council Meeting
Date September 16 . 1997
r � Category Consent Calendar
1. SUBJECT: DOWNTOWN TRAFFIC PATTERNS TASK FORCE - APPROVAL
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for staff to create a Task Force for
the purpose of studying the downtown traffic patterns and
report back to the Public Works Committee by the second meeting
in March, 1998.
3 . EXHIBITS: Public Works Committee Minutes
4. RECOMMENDED BY: Public Works Committee (telephone concurrence
from Judy Woods
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3H
_,. Task Force Study Downtown Traffic Patterns
`Y Committee recommended that staff be directed to form a task force to study downtown
traffic patterns with a report back to Public Works Committee by the second meeting
in March, 1998.
Clark explained that we have seen the initial proposal from METRO in terms of where
busses will run and we can't do it the way it currently exists. He said that regardless of
where the RTA station is going to locate, it will only become more attractive ,to
commuters. Right now, the RTA will run eight times per day but we have two freight
lines running in the valley. Currently there are 16 trains regularly scheduled for that.
With the increase in the traffic at the Port of Seattle and the Port of Tacoma, we have
already been informed that there will be more trains. Clark stated that he would lilce
a task force to deal with the major interest groups that have the same concern.
Freight Trains - Warning Sign
Committee recommended that staff seek information from the deliverers of freight by
rail in the immediate area, in terms of determining their regular shipping schedules and
see if in fact, there isn't a way to create an advanced warning system of when that traffic
is going to be passing thru Kent.
Clark explained that we are going to see if we can establish an early warning system in
downtown Kent. We might be able to run a system that is lighted and interchangeable
in terms of information, on expected freight train tines. He noted that public safety is
a major factor in this.
Meeting adjourned: 5:05 p.m.
8
..........
Kent City Council Meeting
Date September 16 , 1997
Category Consent Calendar
1. SUBJECT: FREIGHT TRAINS WARNING SIGNS - APPROVAL
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for staff to explore the possibility
of developing an advanced warning system of freight train
traffic passing thru Kent.
3 . EXHIBITS: Public Works Committee Minutes
4. RECOMMENDED BY: Public Works Committee (telephone concurrence
from Judy Woods)
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 31
Task Force Study Downtown Traffic Patterns
Committee recommended that staff be directed to form a task force to study downtown
traffic patterns with a report back to Public Works Committee by the second meeting
in March, 1998.
Clark explained that we have seen the initial proposal from METRO in terms of where
busses will run and we can't do it the way it currently exists. He said that regardless of
where the RTA station is going to locate, it will only become more attractive to
commuters. Right now, the RTA will run eight times per day but we have two freight
lines running in the valley. Currently there are 16 trains regularly scheduled for that.
With the increase in the traffic at the Port of Seattle and the Port of Tacoma, we have
already been informed that there will be more trains. Clark stated that he would like
a task force to deal with the major interest groups that have the same concern.
Freight Trains - Warning Sign
Committee recommended that staff seek information from the deliverers of freight by
rail in the immediate area, in terms of determining their regular shipping schedules and
see if in fact, there isn't a way to create an advanced warning system of when that traffic
is going to be passing thru Kent.
Clark explained that we are going to see if we can establish an early warning system in
downtown Kent. We might be able to run a system that is lighted and interchangeable
in terms of information, on expected freight train tmes. He noted that public safety is
a major factor in this.
Meeting adjourned: 5:05 p.m.
8
Kent City Council Meeting
Date September 16, 1997
Category Consent Calendar
1. SUBJECT: DISCOVERY TRUST FUNDS - SPECIALIZED RECREATION
2 . SUMMARY STATEMENT: Accept and amend the Specialized Recreation
budget for the $2 , 500 grant received from the DSHS Discovery
Trust Fund. The Department of Social and Health Services
(DSHS) , Special Needs Division recently awarded the City of
Kent a $2, 500 Discovery Trust Fund Grant. The funding will
finance the Stew Pot Theater's Special Needs Production of the
Wizard of Oz, scheduled for release in 1998 .
3 . EXHIBITS: Letter of award from DSHS
4 . RECOMMENDED BY:Staff Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: $2 , 500
SOURCE OF FUNDS: DSHS Discovery Trust Fund Grant
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3J
R�4 BTAfg Op
O
3. Oy
y' IBBB�
STATE OF WASHINGTON
DEPARTMENT OF SOCIAL AND HEALTH SERVICES
N46-6 • 1700 E Cherry St • Seattle WA 98122-4695
July 28, 1997
Cheryl M. Fraser et al.
City of Kent Parks and Recreation Department
315 E Meeker St
Kent, WA 98031
Dear Cheryl et al.:
Thank you for presenting your idea or project for funding from our Discovery Trust Fund,
the name of our Region 4 DDD Family Support expansion grant. We received 35 creative
requests totaling $568,601.10. We were able to allocate a total of$128,187 this fiscal year,
which is a 10% reduction of our originally expected $142.430.
A task force of parents of children/adults with developmental disabilities, and representa-
tives of the County and Region 4 DDD, reviewed the requests and made recommendations
to our Regional Administrator, Marybeth Poch. Marybeth approved and/or amended them
- and submitted them to our Division Director, Tim Brown, for final confirmation. Because
of the delay in being able to develop contracts and statements of work, we will plan
implementation of the projects no earlier than August 1. 1997, and their completion by
June 30, 1998.
Although you requested $6,086 for Stewpot Theater to produce the "Wizard of Oz," we
reduced it to $2,500 and ask you to find other financial support to make up the difference.
We believe your project is excellent and valuable, and we hope you can continue it.
However, our funds are very limited, and we believe the cities and/or other supporters
should fund the major part. If you are unable to do this with the reduced funding, please
let me know as soon as possible so we can allocate the funds elsewhere.
Thank you for your continuing good work on behalf of people with developmental
disabilities. I will be in contact with you to finalize our contract and statement of work.
Sincerely,
Dee Shutes, Supervisor Point of Entry Team
Region 4 Division of Developmental Disabilities Field Services
(206) 720-3331
..........
Kent City Council Meeting
Date September 16, 1997
Category Consent Calendar
1. SUBJECT: PUGET SOUND URBAN RESOURCES - YOUTH/TEEN PROGRAM
2 . SUMMARY STATEMENT: Accept and amend the Youth/Teen budget for
the $10, 500. 00 grant from the King Conservation District, Puget
Sound Urban Resources Partnership to fund teen employment.
Puget Sound Urban Resources Partnership recently awarded a
grant to the City of Kent Resource Center for (up to) $10, 500
to employ teens. 10-15 teenagers will be hired to work in the
pea-patch community gardens and a greenbelt restoration
project.
3 . EXHIBITS: Copy of first page of the Memorandum of Agreement
from the King Conservation District.
4 . RECOMMENDED BY:Staff, Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: $10 , 500
SOURCE OF FUNDS: King Conservation District, Puget Sound Urban
Resources Grant
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3K
King Conservation District
`— Memorandum of
lGrvCon DlWrict
Agreement _
Urban Resources Partnership Grant
This Memorandum of Agreement is written to formalize an agreement between the
Puget Sound Urban Resources Partnership (PARTNERSHIP), acting through its
fiscal agent, the King Conservation District (DISTRICT), and City of Kent Parks
and Recreation Departmet (GRANTEE and FISCAL AGENT) to carry out the
Growing Green Gardens (PROJECT).
I. Period and Total G and
The DISTRICT reimburs the GRANTEE up to $10,500 to complete the
PROJECT. Suc re' ent shall constitute full and complete payment by the
PARTNERSHIP under this Agreement. The term of this Agreement shall be Sept 1,
1997 through August 31, 1998.
II. Project Description
The City of Kent Parks and Recreation Department will build sustainable partnerships
with other agencies, organizations and economically disadvantaged communities by
implementing an environmental education program through a p-patch garden project.
"At-risk youth" will be hired and trained to coordinate and implement the project as
well as present workshops on organic gardening, water quality, pesticide
management, toxins, the food chain, and numerous other environmental topics. Hired
youth will attract interested community members by holding orientation meetings at
apartment complexes near garden sites. The participants in this project will take
responsibility for stewardship of their gardens resources while buil�gg relationships
with ne'ghbors and government agencies. Technical assistance from PSURP partners
will be tthhoroughly utilized upon garden creation includin site analysis and soil
testing. A strongg�partnership with the US Department ofHousing and Urban
Development ate sou t to provide residents residing in assisted housing the full
benefits of environmentaducation through an organic gardening experience.
Kent City Council Meeting
Date September 16, 1997
Category Consent Calendar
1. SUBJECT: KING COUNTY LANDMARKS & HERITAGE GRANT - BEREITER
HOUSE RESTORATION
2 . SUMMARY STATEMENT: Accept and amend the Bereiter House
Restoration budget for the $25, 000 grant from the King County
Landmarks & Heritage Commission, and authorize the Mayor to
sign the grant agreement. King County Landmarks and Heritage
Commission recently awarded the 1997 Cultural Facilities
Program Grants. The City of Kent will receive $25, 000 to
assist in the restoration of the historical Bereiter Home
located on Smith Street.
3 . EXHIBITS: Letter of award from King County Landmarks and
Heritage Commission, Cultural Facilities Program
4 . RECOMMENDED BY: Staff Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: $25 , 000
SOURCE OF FUNDS: King County Landmarks and Heritage Commission
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION'
ACTION'
Council Agenda
Item No. 3L
King County Executive
RON SIMS
July 24, 1997
John Hodgson
City of Kent Parks and Recreation
220 4th Avenue S
Kent, WA 98032
Dear Mr. Hodgson:
Congratulations! I am pleased to announce that the 1997 Cultural Facilities Program awards
recommended by the King County Landmark Herita a Commission have been approved.
City of Kent Parks and Recreation will rec 've S25,000 t assist it with its facility project.
King County is fortunate to have outstanding organizations, such as City of Kent Parks and
Recreation, serving the citizens of the region with high quality cultural programs. The
dedication of our cultural organizations creates stronger communities and expands
opportunities for our young people.
Cultural organizations such as yours contribute to the development of citizens who can build on
the knowledge of the past to creatively face the challenges of the future. I thank you for your
contribution to the cultural vitality of King County.
Sincerely,
0on Sims
King County Executive
RS:jk
cc: Leonard Garfield, Manager, Office of Cultural Resources
KING COUNTY COURTHOUSE 516 THIRD AVENUE, ROOM 400 SEATTLE, WA 99104-3271
(206) 206-4040 296-0194 FAX 296-0200 TDD E-mail: mn.sims@metmkc.gov
..................
Kent City Council Meeting
Date September 16, 1997
Category Consent Calendar
1. SUBJECT: CDBG - FLOOD RELIEF FUNDS FOR SPRINGWOOD PARK
TRAIL
2 . SUMMARY STATEMENT: Accept and establish a budget entitled
Springwood Park Trail Flood Damage Repair Project for the
$37, 966 Community Development Block Grant, and authorize the
Mayor to sign the grant agreement. Due to the heavy rains and
flooding in 1996, the asphalt trail at Springwood Park was
damaged. The King County Supplemental Community Development
Block Grant (CDBG) , Flood Relief Fund awarded the City of Kent
$37,966 to finance necessary repairs
to the Springwood Park Trail.
3 . EXHIBITS: Letter of award from King County Department of
Community and Human Services
4 . RECOMMENDED BY: Staff Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6 . EXPENDITURE REQUIRED: $37 , 966
SOURCE OF FUNDS: King County 1996 Supplemental CDBG Flood
Relief Funds
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3M
Of he k1at�or
King County JUtN 16 7997
Department of
Community and Human Services REG,EIV`[
BarbaraJ.Gletne,Director
Kev Tower
7o0 Fifth Avenue,38th Floor -
Seattle,WA 98104-5038
(206)296-7689
(206)296-5260 FAX
(206)296-5242 TDD
June 12, 1997
The Honorable Jim White
Mayor, City of Kent
220 Fourth Avenue South
Kent,WA 98032-5895
RE:
No
tice of"Award for F�no rou^tv 1996 Sr1p+tPrtt ^tat [ c� unitY
Development Block Grant Flood Relief Funds
Dear Mayor White:
I am pleased to inform you that you have been awarded 1996 King County Supplemental Community
Development Block Grant(CDBG)Flood Relief Funds. Please see the enclosed list of projects approved by
the Joint Recommendations Committee(JRC), and the amount of funds allocated to your project. The JRC is
pleased to assist your community in recovering from the federally declared disasters in late 1995 and early
1996.
Staff will be contacting you the week of June 16th to work out the details of contracting and environmental
review. To get a head start on the contracting process,we are enclosing some environmental documents.
Please start filling out these documents during the next two weeks. Staff will also be working with you on a
certification process to ensure that there is not a duplication of benefits with the Federal Emergency
Management Agency(FEMA).
The Housing and Community Development Program staff will make every effort to be responsive to the
needs of your jurisdiction by processing contracts in a timely manner. If you have any questions ,please
contact Joyce Stahn, Community Development Program Coordinator at(206)296-8648. Congratulations on
your award and we look forward to working with you as you undertake your project
S' rely,
Barbara J. Gletne
Director
Enclosure x� ,
0
cc: Joint Recommendations Committee
Sadikifu Akina-James, Manager, Community Services Division
ATTN:Linda Peterson,Program Manager,Housing and Community Development
��� Jovice Stalin. Coordinator, Community Development Program
Kent City Council Meeting
Date September 16. 1997
Category Consent Calendar
1. SUBJECT: FEE-IN-LIEU FUNDS, KIWANIS TOT LOT #4
2 . SUMMARY STATEMENT: Accept and amend the Kiwanis Tot Lot #4
budget for the $19, 358. 06 fee-in-lieu funds from Plemmons
Industries for Rachel Place. Rachel Place is located on the
south side of Kiwanis Tot Lot #4 . These funds will be used for
the renovation project at Kiwanis Tot Lot #4, creating a total
project budget as follows:
$126,274 . 00 CDBG
39, 170. 00 CIP Funds
19 , 358. 06 Fee-in-Lieu Funds
$184,802 . 06 Total Project Budget
3 . EXHIBITS: Letter confirming commitment for fee-in-lieu funds
from Park' s staff
4 . RECOMMENDED BY: Staff, Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: $19, 358. 06
SOURCE OF FUNDS: Fee-in-Lieu funds from Plemmons Industries for
Rachel Place
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3N
� V�r
JimWhite, Mayor
December 7, 1995
Mrs. Teresa Hutchens
Plemmons Industries
P. 0. Box 1068
Kent, WA 98035-1068
Dear Mrs. Hutchens:
, 1995, you and your husband, Douglas Hutchens entered into a specific performance
On May 5 with the City of Kent to do certain improvements to Kiwanis 44 park in
bond No. 1995
amount equal of$34,358.06. This work was to be performed in lieu of donating 5% of the
Rachel place and Rachel Place II development site for park purposes or payment of$34,358.06
in lieu of the land donation as required under City of Kent Ordinance No. 2975.
We have mutually agreed that the performance bond will be released if you complete i arl:ing
lot, including curbing and sidewalks, for a value of$15,000,00 and give to the City a cashiers
check f .06. he check will be deposited into the Parks Department fee-in-lieu
account and will be used by the Parks Department in combination with grant funds to improve
the Kiwanis #4 Park.
Sincerely,
pd4�
Helen Wickstrom, Superintendent
Park Planning and Development
cc: John Hodgson, Parks Director
Jim Harris, Planning Director
Jerry McCaughan, Property Manager
Charlene Anderson, Planner
Enclosure', Copy of Bond No. 188817S
.................
Kent City Council Meeting
Date September 16 . 1997
Category Consent Calendar
1. SUBJECT: CLARK LAKE WETLAND MITIGATION AGREEMENT
2 . SUMMMY STATEMENT: Accept and create a budget for the Clark
Lake Park Wetland Mitigation Project for the $44, 000 from Puget
Sound Energy (PSE) , and authorize the Mayor to sign the PSE
agreement. PSE needs to implement a wetland buffer planting
as mitigation in order to make transmission line improvements.
PSE desires to enter into agreement with the City of Kent to
implement these improvements at Clark Lake Park for $44,000. 00.
Park's staff and volunteers will implement the plan, and PSE
agrees to implement the Wetland Mitigation Plan and provide for
one year of maintenance.
3 . EXHIBITS: PSE agreement and budget outline
4 . RECOMMENDED BY: Staff Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: $44 , 000
SOURCE OF FUNDS: Puget Sound Energy
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 30
08 25 '97 13:58 D GNV?RGNf �NT�' SG�V'.CGB -�x:
WETLAND MITIGATION PLAN IMPLEMENTATION
AGREEMENT
This Wetland Mitigation Plan Implementation Agreement ("Agreement") is
made as of this day of September, 1997, by and between the City of Kent, a
municipal corporation of the State of Washington(the "City"), and Puget Sound
Energy, Inc., a Washington corporation ("PSE"), with reference to the following facts:
RECITALS
1, PSE has obtained various permits and approvals from regulatory
agencies to undertake certain electric transmission line improvements, such
improvements being generally.referred to in this Agreement as the Talbot-Berrydale
Transmission Line Upgrade (hereinafter the "Project").
2. In connection with obtaining permits and approvals for the Project, King
County, acting as "lead agency" for purposes of the State Environmental Policy Act,
prepared an Environmental Impact Statement for the Project(hereinafter the MIT'),
The EIS recornmended that certain actions be taken to mitigate impacts to wetlands,
- which such actions include, without limitation, implementation of a "Final SEPA
Wetland Mitigation Plan." The "Final SEPA Wetland Mitigation Plan" (the "Plan") is
attached to this Agreement as Exhibit A and is incorporated herein by this reference,
3. The City has reviewed the Plan and desires to facilitate the
implementation thereof, To this end, the City is willing to assume responsibility for
implementation of the Plan in accordance with the terms and conditions of this
Agreement. In the event plant attrition occurs during the first year of implementation,
then this Agreement will be amended to provide for replacement plants at a cost of up
to, but not in excess of Four Thousand Dollars (S4,000,00).
AGREEMENT
NOW, THEREFORE. in consideration of the mutual benefits to be derived
therefrom, the parties a@= as follows:
1. Imulemc tation of the Plan. The City agrees to implement the Plan in
accordance with the terms and conditions thereof. Such action as the City may choose
to undertake to implement the Plan may be subject to the oversight and direction of
King County or may require the approval of King County,
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2. Consideration for Implpmcotation of the Plan. PSE shall, within five (S)
days of the date of this Agreement. pay the City the sum of Forty-four Thousand
Dollars (S44,000.00) as consideration for the City's assumption of responsibility for
implementation of the Plan.
3. Miscellaneous, This Agreement shall not be interpreted or construed to
create an association,joint venture, or parmorsbip between the parties or to impose
any partnership obligation or liability upon either party. This Agreement shall be
interpreted, construed, and enforced in all respects in accordance with the laws of the
State of Washington. This Agreement constitutes the entire agreement between the
parties. No amendment, modification or waiver of any provisions of this Agreement
WWI be valid unless act forth in a written instrument signed by both parties. Neither
party shall assign their rights or responsibilities under this Agreement without the
prior written consent of the other parry, which consent shall not be unreasonably
withheld
This Agreement is dated as of the first date written above.
QY: POSE:
City of Kent Puget Sound Energy, Inc.
By By
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CLARK LAKE WETLAND BUFFER PLANTING
Budget
1. Site Preparation
grubbing $ 1950
discing $ 200
silt fence $ 300
equipment $2,500
compost $6,800
Sub-total $11,750
2. Planting
staking $ 500
fence $ 500
plants $13,345
planting $ 3,600
seeding $ 1,350
equipment $2,500
mulch $900
Sub-total $22,695
�. 3. Maintenance
maintenance, 1997 $1,000
irrigation $3,000
maintenance, 1998 $4,000
equipment $1.000
Sub-total $9,000
4. Monitoring (3 years) $ 555
TOTAL $449000
Note: Plants that die in the first year must be replaced. The original agreement and budget will
be amended in 1998 to provide for any replacement plants.
...........
Kent City Council Meeting
Date September 16, 1997
Category Consent Calendar
1. SUBJECT: EAST HILL PARK EXPANSION FUNDING
2 . SUMMARY STATEMENT: Accept and amend the East Hill Park
Expansion Project budget for:
a) The $300, 000 IAC grant, (authorizing Mayor White to
sign the grant agreement) ; $96, 132 . 59 for fee-in-lieu of
funds, $20, 000 in value for volunteer labor hours from Kent
Rotary Club, and
b) Authorize re-allocating $201,726 in 1996 & 1997 grant
matching funds to the project budget
The City of Kent has been awarded an IAC grant in the amount of
$300, 000. 00, $20, 000 worth of volunteer labor hours from the
Kent Rotary Club to install the play equipment, and $96, 132.59
for fee-in-lieu-of funds to be used as grant matching funds.
Also, for budget years 1996 and 1997, grant matching funds are
available in the amount of $201,726. The total project budget
is $734,289 and the remaining balance of $116,430 will be
requested in the 1998 budget through grant matching funds.
3 . EXHIBITS: Attachment 'A' - Fee-in-Lieu Funds, Project/Budget
Outline, Letter of commitment from Kent Rotary Club, Letter of
award from IAC
4 . RECOMMENDED BY: Staff Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: A grand total of $734 289 (including 1998
CIP Grant Matching Funds)
SOURCE OF FUNDS: IAC Grant, Fee-in-Lieu-of Funds, Rotary Club
Volunteers, re-allocation of 196 and 197 CIP grant matching
funds, and ' 98 CIP grant matching funds
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3P
ATTACHMENT 'A'
EAST HILL EXPANSION FUNDING
FEE-IN-LIEU-OF FUNDS
In the past five years, fee-in-lieu-of funds have been donated
for park and recreation purposes for the East Hill of Kent .
Funds from residential developments in proximity to East Hill
Park will be used for development of new recreation facilities
area including picnic shelter, play equipment, and trails,
totalling $96 , 132 . 59 .
Teresa Lane, 11320 S .E . 240th $ 6 , 292 . 49
Westminster Place, 11425 S .E . 248th St . $ 4 , 800 . 97
Petersen short Plat, 718 Kensington Ave . $10 , 440 . 16
Kingstone, 115th S .E. and 270th $39 , 097 . 50
Seven Oaks West, 11637 S .E . 256th $ 6 , 434 . 90
Pacific Terrace, S .E. 248th St . $10 , 745 . 00
Country View Estates II, 22600 100th Ave . S .E. $11, 775 . 00
Tomlinson Short Plat, 23523 - 100th Ave . S .E . $ 5 , 851 . 18
Swan Vista, 237th - 100th Ave . S .E . $ 6 , 449 . 94
PROJECT/BUDGET WORKSHEET
Date: June 5 1997
Project Title: East Hill Park Expansion Development
Account/Bid number:
Total Budget Amount: $734 289
Source of Funds:
CIP $ 318,156.41
Grant $ 300 000.00_ Title: IAC
Donated Funds $ --
In-Kind Labor $
Volunteer Labor $ 20 000 00
Fee in lieu of Funds $ 96,132.59
1. MACC $ 545 000.00
2. State Sales Tax $ 51,557.00
3. A&E S 58 873 51
4. Contingency (%) (10%) S 54 500.00
5. In-house Project Management —
6. In-house Construction
7. Volunteeer Construction $ 20 000.00
8. Advertising $ 600.00
9. Printing $ 500.00
10. Permits $ 3,000.00
11. Misc. $ 258.49
12. Misc.
13. TOTAL $ 734 289.00 p:maste Uorftml t.buo
RENT
w CLUB
Y
Post Office Box 1432
Kent,Washington 98035
July 25, 1996
Pamela McFall
City of Kent
220 4th Avenue South
Kent, WA 98032
Dear Pam:
The Rotary Club of Kent would be delighted to partner with the City of Kent to install two play
structures at the East Hill Park Expansion project if the city is awarded the grant submitted to
the Interagency Committee for Outdoor Recreation. We understand that funds to develop the
property would not be available until July, 1997 and the installation of play equipment will not
occur until spring of 1998.
In providing this service, we recognize a savings of$20,000 in contracted installation fees and
realize the great community benefit from the park development.
We look forward to working with you on this worthwhile project to continue the Rotary Club of
Kent's commitment to service and a quality park system.
Sincerely, n
Bill Dugovich, President
Rotary Club of Kent
cc: John Hodgson,Parks and Recreation Director
Helen Wickstrom, Parks Development Superintendent
a �
STATE OF WASHINGTON
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
P.O. Box 40917 • Olympia, Washington 985 04-09 1 7 • (360) 902-3000 • FAX (360) 902-3026
July 28, 1997
Lori Flemm
Kent Parks &Rec Dept
220 4th Ave S
Kent,WA 98032-5895
RE: East Hill Park Expansion Development, IAC 996-1224D
Dear .�Fl
Congratulations on your successful application for grant funds for the East Hill Park Expansion
Development project.
Original sets of the Project Agreement are enclosed. Each set contains the contract,milestones,
a customized invoice voucher, and appropriate IAC participation manuals. After review, please
have the appropriate person sign each Agreement, and return one signed original to the IAC.
After the Agreement is signed and returned,the East Hill Park Expansion Development project can
commence.
Prompt implementation and completion of this project will be most appreciated. Doing so will
enable our office to provide reimbursement more rapidly. It will also help ensure the continuing
success and credibility of the WWRP -Local Parks program by demonstrating on-the-ground
results to citizens and policy makers.
IAC also encourages you to offer appropriate media opportunities to help build public awareness
of the project's purposes and benefits. If there is a future event such as a ceremonial opening or
ribbon cutting,our office would appreciate being notified of the occasion.
As always, IAC staff members are available to answer questions that may arise during
project implementation. If you have questions, please call Phil Trask at(360) 902-3019,
or send an e-mail to Phi1T@iac.wa.gov.
Thank you again for helping make this valuable investment in Washington's outdoors possible.
Sincerely,
Laura Eckert Johnson
Director
Enclosures
L.�
....................
Kent City Council Meeting
Date September 16, 1997
Category Consent Calendar
1. SUBJECT: PROPERTY VALUE DONATION FROM MARY MORRILL FOR THE
EAST HILL EXPANSION PROJECT
2 . SUMMARY STATEMENT: Accept and amend the East Hill Expansion
Land Acquisition budget for the $55, 000 donation in property
value from Mary Morrill.
In 1994, Mary Morrill sold the City of Kent 13 . 11 acres on East
Hill. The property was appraised at $950, 000 and sold for
$895, 000, leaving a balance of $55, 000. Mrs. Morrill intends
to donate the remaining $55,000 in property value to the City
of Kent for the East Hill Expansion Acquisition Project.
3 . EXHIBITS: Letter confirming donation from Mary Morrill
4 . RECOMMENDED BY: Staff Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: $55 , 000
SOURCE OF FUNDS: Mary Morrill's property value
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3Q
November 21, 1994
Helen Wickstrom, Superintendent
Kent Parks & Recreation Dept.
220 4th Avenue South
Kent, WA 98032
Dear Ms. Wickstrom:
On May 20, 1994 I signed a purchase and sales agreement to sell my 13.11 acres of property,
(known as tax lots 25, 26 and a portion of tax lot 27 in R.O. Smith's Orchard Tracts Addition to
Kent), to the City for 5895,000. I am aware that the property has been appraised for 5950,000.
N It is my intention that the $55,000.00 difference between the appraised value and selling price be
considered as a donation to the City of Kent from me.
Sincerely,
Mary Morrill
24212 138th Avenue SE
Kent, WA 98042
Kent City Council Meeting
Date September 16 1997
Category Consent Calendar
1. SUBJECT: 3RD AVENUE TRAFFIC RESTRICTIONS AND LOADING ZONE -
ORDINANCE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee: (1) Authorization to establish a loading zone on the
east side of Third Avenue between Saar Street and Titus Street
fronting the school complex auditorium, to establish school
zone signs and appropriate locations in the vicinity of Third
Avenue and Saar Street, and to post the intersection of Third
Avenue and Saar Street as a four-way stop; (2) Adoption of
Ordinance No. amending the City's Parking Code to set
forth the Traffic Engineer' s authority to establish loading and
passenger loading zones in the City.
3 . EXHIBITS: Public Works Committee Minutes; Proposed Ordinance;
Memorandum from City Attorney
4 . RECOMMENDED BY: Public Works Committee (telephone concurrence
from Judy Woods)
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
-
Council Agenda
Item No. 3R
OFFICE OF THE CITY ATTORNEY
interoffice
MEMORANDUM
to: Mayor White
City Council Members
from: Roger Lubovich
re: Kentview Christian School
date: September 12. 1997
During the Public Works Committee Meeting of September 3, 1997, the Committee
considered the request of Kentview Christian School to restrict parking on Third Avenue between
Titus and Saar and to adopt other suggested measures regarding pedestrian and traffic flow in the
area.
As of this date, City staff has implemented all the measures requested of the Committee
including the posting of no loading zone signs fronting the main building situated on the east side
of Third Avenue which is the auditorium for the school.
During the committee meeting, it was estimated that the length of the building, and therefore
the distance of the loading zone,would be one hundred feet. The area posted is actually one hundred
twenty feet which covers the length of the building and sidewalks at each end of the building running
to the street. The Committee moved to establish a loading zone as opposed to a no parking zone for
the area fronting the auditorium. A no parking zone requires the adoption of an ordinance by the
City.
Following the motion, staff was directed to prepare an ordinance to send to the September
16, 1997, Council Meeting and to immediately post the loading zone but not to enforce it until
Council action. Following a review of the state statutes and Model Traffic Code set forth in the
Washington Administrative Code, I determined that the City's traffic engineer has the authority to
establish loading zones pursuant to these provisions without adoption of an ordinance by the City
Council. However, since Council action was contemplated to implement the loading zone, the City
is not enforcing violations at this time.
Even though Council action is not required,I believe it is still appropriate to amend the City's
parking code to specifically set forth in the code the traffic engineer's authority to establish loading
zones when so posted pursuant to the Model Traffic Code. The proposed ordinance amends the code
accordingly.
P.I A\v\.ATTORNEY.STOGERNIEMOS\COUNCIL.MEM
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the City's Parking Code,
Chapter 9.38 of the Kent City Code, relating to loading and
unloading zones in the City.
WHEREAS, Chapter 308-330 of the Washington Model Traffic Code,
adopted by the City of Kent, authorizes the Traffic Engineer to establish loading zones for
the loading and unloading of passengers and/or property; and
WHEREAS, the City Council finds that the use of loading and passenger
loading zones in the City of Kent is appropriate and necessary for the safe and efficient
flow of pedestrian and vehicular traffic and that the need for such loading and passenger
loading zones may change from time to time as determined by the City; and
WHEREAS, the City Council finds it appropriate to amend the City's
parking code, Chapter 9.38 of the Kent City Code, to set forth in said code the Traffic
Engineer's authority to establish loading and passenger loading zones in the City of Kent;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES
j HEREBY ORDAIN AS FOLLOWS:
SECTION 1. There is hereby added a new section to Chapter 9.38 of the
Kent City Code to read as follows:
w Loading Zones
See. 9.38.025. Loading zones and passenger loading zones.
As authorized pursuant to Sections 308-330-265, 308-330-439, and 308-330-442
of the Washington Administrative Code, the Traffic Engineer shall have the authority to
establish loading zones and passenger loading zones at such locations and during said times
as posted by the Traffic Engineer. Except to loand and unload vehicles, it shall be illegal
to park any motor vehicle or other vehicle at any time upon that portion of the road right-
of-way established as a loading zone or passenger loading zone as posted by the traffic
engineer, unless otherwise indicated.
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.
SECTION 3. - Effective Date. This Ordinance shall take effect and be in
force thirty (30) days from its passage, approval, and publication as provided by law.
I
JIM WHITE, MAYOR
ATTEST:
i
BRENDA JACOBER, CITY CLERK
I
APPROVED AS TO FORM:
I
ROGER A. LUBOVICH, CITY ATTORNEY
Loading Zones
"4 PASSED: day of 1997.
APPROVED: day of 1997.
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'ILA W\ORDINANC\LOADING.OAD
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III
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w 3 Loading Zones
PUBLIC WORKS COMMITTEE
September 3, 1997
PRESENT: Tim Clark Roger Lubovich
Connie Epperly Ed White
Don Wickstrom
ABSENT: Judy Woods
Audience Participation:
1) Henry Knies representing Kent View Christian School
2) David Isola, Kent School Board Member
3) City of Kent Employees
Charge in Lieu of Assessment #49 Proposed Revision
Wickstrom explained that in the early 1980's we upsized the sewers on Benson Highway
and S.E. 256th Street to relieve some constrictions. In so doing, we levied a Charge in
Lieu of Assessment on those properties that would benefit from that sewer upsizing. He
noted that along one area within that charge, properties are draining into a different
system thereby not benefitting from the sewer upsizing. At this time, we want to lift
that charge on those specific properties. Wickstrom noted that in order to do so, we
need to submit the original legal description for that charge.
Committee unanimously recommended authorization for the Engineering Department
to revise the charge in lieu of assessment #49 to reflect a modified service area and
refund previously paid charge in lieu of assessment.
Kent View Christian School - Parking along 3rd Avenue
Wickstrom said a meeting was held on Thursday, August 28th between the Mayor,
Councilperson Christi Houser, Public Works Staff and representatives of the Kent View
Christian School. At that time, we agreed to put temporary cones in the street to mark
off the parking areas until Council had an opportunity to act on a revised parking
restriction. He noted that as an interim solution, it was our intent to only place the
cones on the east side of the street. The approach was to restrict parking between 9:00
a.m. and 6:00 p.m. on 3rd Ave during weekdays.
Ed White Transportation Engineer - There are a number of issues that were brought
up at Thursdays meeting. Our intent here is to respond to the concerns of the Church
in terms of exactly where they would like to go from here. This was the last of three
1
meetings and at each of those meetings, a different consensus was arrived upon.
Henry 1<nies Co Chair of the School Board for Ir nt View Christian School - The
school leases property from the Holy Spirit Catholic Church on 3rd Avenue between
Titus and Saar.. That occupancy is with the permission of the lessor which owns not only
the west side of 3rd Avenue but also the properties on east side of 3rd Avenue. We
have had several meetings with staff and the Mayor of the City and we only reached
consensus last Thursday. Our request regarding the safety of the kids, have remained the
same from the beginning.
We had four requests which were outlined in a one-page document presented to the
Mayor on July I st. (Mr. Knies submitted copies to the Committee) We requested no
parking on both sides of 3rd Avenue; the reason for that is because at the time of the
July 1 st meeting and thru last Friday, the cars were parked diagonally on 3rd Avenue;
either the front or back of some were abutting the sidewalk with the length of some cars
taking up the entire gravel margin between the sidewalks and the paved area. Any child
walking between the cars when first visible, would be in the roadway. We needed the
buffer of free sight for motorist going north or south on 3rd Avenue.
Our second request was painting a crosswalk across 3rd Avenue. The school will operate,
with the permission of the parish, a playground in a parking lot owned by the parish on
the west side of 3rd Avenue directly across from the gym door. This was a condition of
our lease and agreed to by the parish long ago. For the safety of the children, we ask
that the City investigate the possibility of a crosswalk in that location.
The third request was 20 mph speed limit signs on 3rd Avenue and school zone signs.
We were hoping for portable signs because of the gravelled margin. If these signs are
placed at the sidewalk, they we will not be "viewable" by a motorist because this
particular street has a very wide margin between the roadway and the sidewalks. These
requests were made in July and we have been trying to reach some accommodations with
the City on these issues. That building has been zoned a school for at least 15 years.
We will have 285 students in our school.
Roger Lubovich. City Att_� - We have had some parking issues raised over the
years at that facility. Currently we have angled parking on the gravel area between the
sidewalk and the street which is currently illegal parking. All parking is to be parallel
parking unless the City establishes, by Ordinance, diagonal parking which we have not
done in that location. Additionally, there is a "no parking sign except for Church
services". That is not an appropriate use of our parking areas on the easement and
basically it's illegal. A parking restriction cannot exist for a private benefit. It's either "no
parking" or, "restricted parking" or, "parking". Also, we have an LID with the Church to
make improvements along both sides of 3rd Avenue. That may be something we need
2
to deal with if we make any changes in the parking area. Any parking will be difficult
to stripe out because of the gravel layout between the sidewalk and the street. We can
post"no parking", or"load and unload zone" but whatever we do it is for everyone. That
would include the Church and the public; we cannot have preferential treatment for
private entities. If we do continue to allow diagonal parking, it needs to be done by
Ordinance. The "except for Church services" is not an appropriate use.
Dea Drake Representative of Local #2617 City of Kent Employees - The employees
would like to testify as to the impact to employees if the parking is eliminated along 3rd
Avenue. When the Centennial Center and Parking Garage was built, we had parking
there;we had 130 parking stalls; those were eliminated with the purchase of the Center
and garage; since then 65 employee spots have been added back.recently by lottery in
which employees pay monthly. Recently, 5 street parking spots have been eliminated
at the 4th &L Gowe area. Employees previously parked in the Thrift Store parking lot
(approximately 25 spots); adjacent to that was an additional 25 spots. The City and the
Thrift Store had a disagreement which resulted in no parking for employees. The nearest
parking down 4th Avenue is adjacent to Sea First Bank however, employee's vehicles
have been broken into in that area. If the parking is eliminated on 3rd Avenue, we see
another 38 parking spots being eliminated. As an employee, if you arrive at work
anytime after 7:15 a.m., there is no parking within 2 blocks of City Hall. On any given
day, leaving at lunchtime and trying to find parking after that is impossible. We have
shift workers with the Police Dept arriving at 11:00 a.m. - they have no parking. Shift
workers that begin on the grave shift park.down the street and we are concerned for their
safety.
It appears that the entrances to the Church school on the corner, which already has a
sidewalk and a crosswalk over to their playground. The Catholic Church built a new
church on their old playground. They now rent out their old church to a different
denomination and they rent out their school. One of our concerns is that, by State
Constitution, "no County, City, Town or other municipal corporations shall hereafter
give any money or property or loan its money or credit to or in any aid of any individual,
association, company or corporation. Basically, the Catholic Church has eliminated
their old playground; they are now renting out their old church and renting out their
school. The Church may want to mitigate the parking by allowing the employees to park
in the church parking lot or find other alternatives. At the very least, our concern is that
we mitigate the loss of parking to employees keeping in mind that there are safety issues
with shift workers and daylight savings time.
Unda Johnson Downtown Partnership - One issue as I see it, is the lack of a safe place
for kids to play. Also, if the employees are not allowed to park along 3rd Avenue; with
-. a shortage of 24 hour parking already, employees will be playing the "2 hour shuffle"
moving their cars during the workday.
3
Jim Huntington Finance Dept - It is very difficult to find a parking place unless you
arrive prior to 7:00 a.m. When the train station is built, we will have an additional
parking problem and to remove parking from 3rd Avenue will create more problems.
This is really a lessee/lessor situation where the Church made the decision to remove
their old playground and they should deal with that. They tried to "bandaid" this by
putting them on the west side of 3rd Avenue when in fact, if they had to go thru a SEPA
mitigation, the school probably wouldn't qualify as a school because it doesn't have a
playground.
Sara Bradley. Planning Dkp-t. - A 30 foot clearance of no parking from either side of a
crosswalk could be a solution to the problem. By doing this, all of the parking would not
have to be eliminated.
Sharon Clamp Development Services - There seems to be more traffic on 3rd Avenue
now because people are driving around looking for a place to park which in itself, can
create more of a hazard for the children.
Teresa Beener. Planning Dept - I don't feel there is the need for an additional crosswalk
in the middle of the block with one existing at the end of the block. Children should be
lined up and walked across the street in a safe manner by an adult. Also, moving your
car during the lunchtime makes it impossible to find a place to re-park when you return
to work.
Henry'moues Co Chair of the School Board for Kent View Christian School - Elementary
schools within the City of Kent have extensive "no parking" areas surrounding those
buildings. I understand the concerns of the employees but we need to keep this issue in
context. We are talking about 38 parking spaces; 60 or 70 feet. We have photographs
taken Friday at 1:00 p.m. showing parking available on Saar St. What we are talking
about here is, convenience for adults vs. safety for children. School ends at 3:15 and the
restrictions we need are only until that time. The request we make is not directly related
to the playground. It is the buffer necessary around the school facility. The temporary
agreement last week with the Mayor was to cone both sides of 3rd Avenue but the City
has not done that - the cones that were put up were placed by the parish in accordance
with the agreement by the Mayor. The school has a daycare that begins at 6:00 a.m.
which runs until 3:00 p.m. Regarding the extra traffic on 3rd Avenue; once people
become aware of the new restrictions, whatever the Committee decides, that extra traffic
will abate. In addition, we have not asked to close the road. We understand the balance
of interest in the downtown area. We thought about it but we did not request that from
the Mayor or from anyone else in the City staff.
Tim Clark stated that the decisions that are made now have an affect on the future. We
want to make sure that since Kent View Christian School is new in that particular area,
4
that they are acquainted with the arrival of the Rapid Transit Authority and its potential
impact. Mr. Knies said he hoped the Committee would not balance that increased
congestion on the backs of current owners or tenants in that area. He noted that City
Hall was built perhaps with a lack of parking spaces given the staff it has now; perhaps
the Committee could keep in mind, when the RTA station is built, sufficient parking is
available for that development. Tim Clark noted that unfortunately, this is something
the City doesn't necessarily have control over. He said that we don't know exactly where
the station will be, however it will make a significant impact on the traffic pattern in
downtown Kent.
Ed White Trarnsporta±ion Enganeer - Regarding Mr. Knies' comment on parking
availability on Saar St; there are times when parking is available on Saar however most
often, parking is unavailable. We did a parking study about three years ago that looked
at the availability in the downtown area as a whole. Observations that have been made
over the past few years, because of concerns brought up by merchants has indicated that
there are numerous times where 1 st, 2nd and 3rd Avenues between Titus and Willis
Streets have been fully occupied with parked cars. The other issue is in terms of
capability of school use with the operations of the streets - there was a school that was
operating in the St. Anthony's site for approximately 16 years with the current
configuration except, the schoolyard is now the location of the new sanctuary. The
school actually applied to vacate the street in 1989 - that request was denied because
of the concerns regarding parking - we have had no complaints from the old school or the
residents of the area during the past 16 years regarding current operation, which includes
parking. In reviewing our accident history records, we have recorded no pedestrian or
vehicle accidents on 3rd Avenue between Saar and Titus for the past 6 to 7 years. The
average speeds are relatively slow in terms of other local arterials. Currently it is a 25
MPH speed limit. At the request of the school during one of the meetings, we have
prepared some alternatives that could be used to provide mid-block crossing. As a safety
device, please understand that mid-block crosswalks have not proven themselves to be
the most effective way of crossing streets. Most state agencies are very reluctant to put
them in.
Connie Epperly asked about the possibility of installing a 4-way stop on 3rd Ave &L Saar.
Ed White said that would be no problem. He noted we have several intersections with
low volume, lo,%v speed areas that do have 4 way stop signs. There are locations at the
intersections for north and southbound traffic where they could be placed close to the
roadway. They presently exist east and westbound.
David Isola East Hill Resident and School Board Member - We have been witness to
some very serious accidents in the general Seattle area over the past few weeks including
recently, a very young child who had the right-of-way thru a crosswalk in an intersection,
and was killed by a driver who was not paying attention during a turn. We have seen
5
cases also of children not paying attention on bicycles. We don't want to take chances
and we feel the City of Kent would not want to either.
R^ch^elJohnston. Planning Dept- This is a balance of safety issue between the children
and City of Kent employees. It's a safety issue with the employees because it gets dark
during certain times of the year and parking near the RJC could be a definite safety issue
for woman. I'm sure the City wants the employees to be safe with the ability to park in
a safe, well lighted parking area.
Connie Epperly asked the City Attorney what would happen to the church if the
Commitee decides to recommend no parking along 3rd Avenue. In response, Lubovich
stated that "no parking" would apply. He noted that we do have restricted parking
throughout the City which could be done. Whatever the parking restrictions are, they
would apply to everyone.
Henry Knies noted that certain businesses in the City have restrictions such as, "no
parking between 8:00 a.m. and 4:00 p.m." . That accommodation could satisfy the
church members. In response, Ed White stated that conditional parking is allowed.
There are two conditions that exist that employ this type of signing. One relates to a
newly adopted amendment to City Code for the Parlcs Dept to control "dysfunctional"
type behavior. Another restriction was created in order to allow the streets to be swept
properly. Ed noted that to the best of his knowledge, there are no specific time limit
related parking restrictions in any part of the City that relates to a specific business or
specific activity.
Committee recommended restricting a section of parking on the east side of 3rd Avenue
giving the school a"load" and "unload" zone in front of the school, from either end of the
building.
Connie Epperly stated that this is a compromise; understanding the parking problem and
the safety of the children. By creating a loading zone in front of the school still saves the
parking on the west side.
Ed White stated that as a point of clarification, there currently exists two areas at either
end of 3rd Ave on the east side showing "no parking loading zone" for the church which
is reserved for funerals, etc.
Tim Clark stated that he has several concerns for the school. We already have a parking
problem in the City which will become more aggravated. With the arrival of the RTA,
several things will occur; one being more bus traffic and we are in the process of a
strategic downtown plan where we are trying to support the merchants and deal with the
necessary renovations. He explained that the public hearings on that particular plan
6
have been running for 18 months and now we are faced with an immediate crisis in an
immediate area and on that particularly street where the street is located, we don't have
the streets and the curbing up to code. When that does occur, the school should know
that the bill will be significant.
Clark further stated that for City employees, we know the situation is going to be a
further aggravated problem. He noted that Administration stated there will be an
attempt to open up more parking in the Centennial garage.
Committee unanimously recommended that 20 mph speed limit signs be posted along
3rd Avenue.
Committee unanimously recommended that school zone signs be posted along 3rd
Avenue and, Saar Street.
Clark stated that this recommendation is made with the stipulation that the zoning signs
may be revisited in the future.
Committee unanimously recommended that the intersection of 3rd Avenue &L Saar
Street be posted as a 4-way stop.
Clark noted that this recommendation is made with the stipulation that the 4-way stop
at 3rd Ave & Saar may be revisited in the future.
Downtown Free Bicycle Zone
Committee recommended that staff be directed to establish a viable plan to implement
a free bicycle zone with a report back to the Public Works Committee by the end of
January.
Clark explained that the conversion of the downtown area into a free bicycle zone has
been brought forward in an informal discussion before the Council with concurrence on
that. There was a meeting with the Kent School District and at that time the agreement
was to present this to the Bicycle Advisory Board for which we received their
concurrence. Clark noted that there is a need to bring this plan into something that
would be workable for Kent before the arrival of the RTA station. He stated that the
intent of this motion is to guarantee that we have explored the various alternatives and
we have something that we can work with in Kent and then get to the final phase of
implementation.
7
Task Force - Studer Downtown Traffic Patterns _.
Committee recommended that staff be directed to form a task force to study downtown
traffic patterns with a report back to Public Works Committee by the second meeting
in March, 1998.
Clark explained that we have seen the initial proposal from METRO in terms of where
busses will run and we can't do it the way it currently exists. He said that regardless of
where the RTA station is going to locate, it will only become more attractive �to
commuters. Right now, the RTA will run eight times per day but we have two freight
lines running in the valley. Currently there are 16 trains regularly scheduled for that.
With the increase in the traffic at the Port of Seattle and the Port of Tacoma, we have
already been informed that there will be more trains. Clark stated that he would like
a task force to deal with the major interest groups that have the same concern.
Freight Trains - Warning 5ign
Committee recommended that staff seek information from the deliverers of freight by
rail in the immediate area, in terms of determining their regular shipping schedules and
see if in fact, there isn't a way to create an advanced warning system of when that traffic
is going to be passing thru Kent.
Clark explained that we are going to see if we can establish an early warning system in
downtown Kent. We might be able to run a system that is lighted and interchangeable
in terms of information, on expected freight train tmes. He noted that public safety is
a major factor in this.
Meeting adjourned: 5:05 p.m.
8
DEPARTMENT OF PUBLIC WORKS
September 2, 1997
TO: Public Works Committee
THRU: Don Wickstrom, Public Works Director
FROM: Ed White, Transportation Engineering Supervisor
SUBJECT: Request from Kent View Christian School to restrict parking on 3rd Avenue
On Thursday, August 28th; Mayor White, Councilperson Christi Houser and Public Works staff
met with representatives of the Kent View Christian School to discuss their request to restrict
parking on both sides of 3rd Avenue S. between Titus St. and Saar St. (see attached letters).
After much discussion, Mayor White agreed to the following actions:
1. Direct to investigate the feasibility of installing a midblock crosswalk on 3rd Avenue
leading from the entrance of the school gymnasium (on the eastside of 3rd Ave.) to the
small parking area ( on the westside of 3rd Ave.).
2. Approach City of Kent, Public Works Committee with a request to amend the present City
Code to restrict parking from 9AM to 6PM on 3rd Avenue on weekdays.
3. Redesignate existing Loading Zone areas on the eastsde of 3rd Avenue.
Since the Thursday meeting a large number of individuals have approached me regarding the
decision to restrict parking on 3rd Avenue. The school has asked if we could add this to the up
coming Public Works Committee meeting to be held on September 3rd. This will allow us to
make a determination on what ultimately can be forwarded on to the full Council.
Office of the Mayor
MAY 0 2 1997
Kent View Christian Schools
A NQN4%0F}rCORFeSRA710N
May 1, 1997
The Honorable Mayor Jim White
Office of Mayor—City of Kent
220 4th Avenue South
Kent, Washington 98032
We are pleased to announce the relocation of Kent View Christian Elementary
School from its current location at the Kent Church of the Nazarene on East James
Street to the Holy Spirit Catholic Parish in downtown Kent. The elementary school
operations at the Parish will commence with the 97-98 school year this September.
There is a sense of excitement expressed by those the move affects; teachers,
parents, and most importantly, our 280 school children. We believe this will be a
great opportunity for the school and the City as we become better acquainted with
the downtown area and continue to be a part of the community of Kent.
With this move however, comes a concern for the safety of our children;Please
let us explain.
The school will operate in the existing Parish school building located on 3rd
Avenue South between West Titus Street and West Saar Street. The playground
will be located across 3rd Avenue in an existing Parish parking lot. Our school
children will be moving to and from the plavground throughout the day. This
will include before and after school hours because the school also provides
daycare services.
Currently, we have observed several vehicles parked on 3rd Avenue not associated
with any activities at the parish. Because movement of vehicles on 3rd Avenue
presents too Beat of a risk to our young school children we are requesting that the
City of Kent allow Kent View Christian Elementary School to block traffic on 3rd
Avenue between the school hours of 6 am and 6 pm (our normal operating hours).
We would do so with temporary "horses" or some easily movable equipment.
Since there are many alternative streets, and since the street to be blocked is very
short, we do not believe there will be any major impact on the movement of traffic
in the downtown area because of the blocking.
ADWNWMATIVEOFFICES: 1209SOVrHCF—NrII l S=..113KEA'TWA98032 (206)852-6393
ELEMENTARY SCHOOL OFFICES: 930 EAST JAMES ST.SEN r WA 98031(206)8 52-5 1 4 5
AR/SR HIGH SCHOOL OFFICE: iOI[f0 S.F_328TH PL ALBUR.V WA 9800(2061735•!413
L1TiZE PEOPLE CRATIVE LEARNIN'G CENTER: 9"CANYON DIMLAQNT WA 99031 (206)R5:'59U
w Kent View Christian Schools
A NON-PNOM COR10lATION
May 1, 1997
Property on both sides of 3rd Avenue is owned by the Parish. We have advised
the Parish administration of our intent to petition the City of Kent and thev�
with our Dosition.
We believe this daily bi cking will eliminate a very real accident risk to our
children. We are seeking the input of your office to understand the process we
need to follow to accomplish our request. The leaden of our school board and
the school administrator would like to meet with you at your earliest convenience.
We will contact your office by May 15 to arrange for an appointment
We appreciate your taking the time to review our request and look forward to
meeting with you to discuss our next step. If you have questions prior to our
contacting your office,you may call David Isola on 'S1-7838 (daytime) or
859-8810 (evening)to coordinate information.
Sincerely,
4Pat am HenrsrK ies Cathy y aid Isola
C r, Co-Chair, Administrator, Secretary,
KVCS KVCS KVCS KVCS
School Board School Board School Board
DP!
y.w
ADMLNISrRA71VE OFFICES: 1209 SOUTH CE'-rRAI S= 113 KFd�T WA 9R032 (206)8526393
FIENENTARY SCHOOL OFFICES: 930 EAST JAMES Sr.KE1:r WA 98031(206)852.5145
JR/SR HIGH SCHOOL OFFICE. l983U S.E.3=h PL AL!BUR�WA 98002(206)735.!413
UTnE PEOPLE CRATTVE LE UL\L�G CF TER: 9440 CANYON DIUVE I:I\T WA 99031(20G)7c5:'390
July 1, 19997
To: Honorable Mayor Jim White
From: Parents of Kent View School Children
Kent View School Board
Subject: Safety Needs of Kent View School Children (Grades K-6)
Situations Beginning in late August 1997, nearly three-hundred Kent View
Elementary School children will be moving back and forth (from the Holy Spirit
Parish school building) across 3'd Ave. on clear days to use a play area. With
the parking and traffic on 3fd Ave., these children will be in danger.
Safety Requests
1. No Parldng on both sides of Id Ave on this block
These are adjacent to schools to reduce traffic and increase visibility.
2 Painting of a Cross Walk across P Ave.
The children will use this marked path for crossing the street.
3. Signs
a. 20 m.p.hspeed limit
This will notify motorists that this is a school zone again and cause them to
reduce speed.
b. "School Zone"signs..
c. Portable signs (on movable posts) that we could move onto the apron
of Id Ave. during school hours (and then remove later) to wam them that school
children will be crossing.
4. Longer term -Work with the City of Kent to temporarily block Id Ave. during
school hours.
David sofa en nies _.
(T) 251-7838 (W 477--5790
(H) 859-8870 (H) 631-5911
9, Wall 1
FAX COVER WAGE
Wednesday.August 20, 1997 5:24 pm
2 pages(including this covet pg)
TO: XVISTEPt LANGLEY
COMPANY: CITY OF XF-NT-ENGMERING
PHONE: 253-859-3383
FAX# 253-859-3559
FROM: DAVIDISOL,A
COMPANY: KENT VIEW C>3RLT AN
UM=NTARY SCHOOL
PHONE: (206)251-7838 wrk 1(206)859-8810 hm
FAX# (206)2si-79731(206)251-7682
Message:
The following page is ores ead=t.of daily traffic now for parem dropping off and picItUm• Typically,parents
dropping off or pwkmg up children daring daycm opwanona would be requited to park I* ter the school to sign
in or sign out their child(state mq>atem=)• Patents dropping off children prior to school scat between 8:15am and
8:30am will have door service with a door paw(ciurendy planned to be located at the south door on Saar sm et).
If you have any questions,please call(251-7838).
thanks, dave
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Kent City Council Meeting
Date September 16, 1997
Category Consent Calendar
1. SUBJECT: DEL MAR ANNEXATION ZONING (AZ-97-2) AND AREA
COMPREHENSIVE PLAN AMENDMENTS (CPA-97-2) - SET HEARING DATES
2 . SUMMARY STATEMENT: Set October 7 and November 18, 1997, as
public hearing dates to consider the initial zoning and area
comprehensive plan amendments for the Del Mar Annexation area.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED:
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3S
Kent City Council Meeting
Date September 16 , 1997
Category Other Business
1. SUBJECT: PUGET SOUND ENERGY CONVERSION AGREEMENT
2 . SUMMARY STATEMENT: As a requirement of the Lakes Development,
South 228th Street is being improved. This improvement
includes converting Puget's overhead facility to underground.
To do so required execution of an agreement (included in
packet) with Puget. The Developer (Polygon) is paying all
costs thereof and has given the City the money therefore.
Council approved the agreement at its last regular meeting on
September 2nd, but since that time, the City and PSE have had
to amend the agreement regarding cost allocation if the
facilities must be relocated in the future.
It is the recommendation of the Public Works Director that the
Mayor be authorized to sign the Conversion Agreement with Puget
Sound Energy, as amended, 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 YES
6. EXPENDITURE REQUIRED:
SOURCE OF FUNDS:
A
7 . CITY COUNCIL ACTION: , J
6 v
Councilmember moves, Councilmember seconds
that the Mayor be authorized to sign the Puget Sound Energy
Conversion Agreement and establish a budget for same.
DISCUSSION:
ACTION•
Council Agenda
Item No. 4A
PUGET
SOUND
ENERGY
UNDERGROUND CONVERSION AGREEMENT
THIS Agreement, dated as of this _16th day of September, 1997,
by and between the CITY Of KENT, Washington, a Municipal Corporation
("City") and PUGET SOUND ENERGY, a Washington Corporation
(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.
B . The City is undertaking a street improvement program at South
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
to cause the existing overhead distribution power system within the
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
accordance with Schedule 71 of the Company' s Electric Tariff G to
govern the installation of such a system.
PAGE 1
Puget Sound Er—gy • 22826 68tn Avenue South #102 • Kent.OVA 98032
PUGET
SOUND
ENERGY
AGREEMENT
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
Company shall furnish and install a Main Distribution System within
the Conversion Area, in accordance with the Company' s standard
specifications .
3 . Upon connection of those customers to be served by the Main
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
the Conversion Area, all in accordance with the Company' s
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
facilities or the installation thereof do not interfere with the
Company' s Main Distribution System or the installation or maintenance
thereof .
PAGE 2
Puget Souna Er rgq • 22828 68th avenue South #102 • Kent.V'JA 98032
PUG ET
SOUND
ENERGY
M (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 90 days from the date of
this Agreement; or
(b) the conversion is not been completed within six months of the
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 .
6 . With the exception of street lighting and traffic signalization
systems, the 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
Puget Sound Energy 22826 68th Avenue South, -1102 • Kent /A 98032
PUGET
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.
8 . The parties acknowledge that under Schedule 71, the owners of
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
Puget Sound energy 22828 68:n Avenue Sou- x102 • Kee, wl' 98C32
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 8 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 2H28 68th;,venue South a102 • Kent,WA 98032
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.
12 . 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 . The City shall, after consultation with the Company, use its
best efforts to provide a location or route whereby the Main
Distribution System will not have to be relocated as a result of the
City' s actions or requirements for a period of twenty (20) years .
However, neither party is relinquishing any rights or obligations
under the existing franchise due to the obligations contained in this
paragraph.
PAGE 6
Puae7 Sound E-=_rgv • 22829 E�—Ave^',e So�:n I-1C2 • Kent.%VA 98032
PUG ET
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 KENT PUGET SOUND ENERGY
BY
BY
ITS
ITS
Date Signed Date Signed
Approved as to form:
PAGE 7
Puget Sound Energy 22828 68m Avenue Saute :;102 • Kerc :.:d 9802=
..........
Kent City Council Meeting
Date September 16, 1997
Category Bids
1. SUBJECT: CENTRAL AVENUE SOUTH & PIONEER STREET TRAFFIC
SIGNAL SYSTEM
2 . SUMMARY STATEMENT: Bid opening for this project was held on
September lath with four bids received. The low bid was
submitted by Signal Electric, Inc. in the amount of $27, 500. 00.
The Engineer's estimate was $52, 386.50.
This project consists of a complete traffic signal system at
the intersection of Central Avenue South & Pioneer Street.
The Public Works Director recommends that the Central Avenue
South & Pioneer Street Traffic Signal System contract be
awarded to Signal Electric, Inc.
3 . EXHIBITS: Public Works Director Memorandum
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: $ 27 , 500. 00
SOURCE OF FUNDS: (R24) Central Ave So & Pioneer Street Traffic
7 . CITY COUNCIL ACTION:
Councilmember VIfi
moves, Councilmember seconds
that the Central Avenue South & Pioneer Street Traffic Signal
System contract be awarded to Signal Electric, Inc. for the bid
amount of $27, 500. 00.
DISCUSSION•
ACTION:
Council Agenda
Item No. 5A
DEPARTMENT OF PUBLIC WORKS
September 11, 1997
TO: Mayor &City Council
FROM: Don Wickstrom
RE: Central Ave S &Pioneer St Traffic Signal System
Bid opening for this project was held on September 11 th with 4 bids received. The
low bid was submitted by Signal Electric, Inc. in the amount of $27,500.00. The
Engineer's estimate was $52,386.50.
It is the recommendation of the Public Works Director that the Central Ave S SL
Pioneer St Traffic Signal System contract be awarded to Signal Electric, Inc. for the
bid amount of $27,500.00.
BID SUMMARY
Signal Electric, Inc. 27,500.00
Aztech Electric, Inc. 44,214.00
Prime Electric, Inc. 44,675.00
Transtech Electric, Inc. 49,685. 00
Engineer's Estimate 52,386.50
MOTION:
Councilmember moves, Councilmember seconds that the
Central Ave S 8t Pioneer St Traffic Signal System contract be awarded to Signal
Electric, Inc. for the bid amount of $27,500.00.
Kent City Council Meeting
Date September 16. 1997
Category Bids
1. SUBJECT: INTERURBAN TRAIL SIGNALS
2 . SUMMARY STATEMENT: Bid opening for this project was held on
September llth with four bids received. The low bid was
submitted by Prime Electric, Inc. in the amount of $73 ,936.00.
The Engineer's estimate was $135, 900. 00.
This project consists of installing a traffic signal system
complete at Meeker Street & Interurban Trail, Smith Street &
Interurban Trail and, South 228th Street & Interurban Trail.
The Public Works Director recommends that the Interurban Trail
Signals contract be awarded to Prime Electric, Inc.
3 . EXHIBITS: Public Works Director Memorandum
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: $ 73 , 936. 00
SOURCE OF FUNDS: (R14) Interurban Trail
7 . CITY COUNCIL ACTION:
Councilmember—LL'ut- moves, Councilmember seconds
that the Interurban Trail Signals contract be awarded to Prime
Electric, Inc. for the bid amount of $73 ,936. 00.
DISCUSSION•
ACTION:
Council Agenda
Item No. 5B
DEPARTMENT OF PUBLIC WORKS
September 11, 1997
TO: Mayor & City Council
FROM: Don Wickstrom
RE: Interurban Trail Signals
Bid opening for this project was held on September I I th with 4 bids received. The
low bid was submitted by Prime Electric, Inc. in the amount of $73,936.00. The
Engineer's estimate was $135,900.00.
It is the recommendation of the Public Works Director that the Interurban Trail
Signals contract be awarded to Prime Electric, Inc. for the bid amount of $73,936.00.
BID SUMMARY
Prime Electric, Inc. 73,936.00
Signal Electric, Inc. 81 ,009.00
Aztech Electric, Inc. 89,993.00
Transtech Electric, Inc. 93,599.00
Engineer's Estimate 135,900.00
MOTION:
Councilmember moves, Councilmember seconds that the
Interurban Trail Signals contract be awarded to Prime Electric, Inc. for the bid
amount of $73,936.00.
CONTINUED COMMUNICATIONS
A.
R E P 0 R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC WORKS COMMITTEE
D. PLANNING COMMITTEE-
JG -21
E. PUBLIC SAFETY COMMITTEE
F. PARKS COMMITTEE-- -
G. ADMINISTRATIVE REPORTS
j
JAL
41 ?