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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/16/1997 City of Kent City Council Meeting Agenda CITY OF 3` d��IIC�SP@� 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 5 - •q x sE 233 s \ 9 � Sl x v4 i l y - E 234 PL X w 5E 235 Pt 2n. 5T i• 1 X JO[/f SE L_ a� F' 36 PL i = SR 6. u z„ SR 8 5E 7J) PL 237 5T X n SE 239 It x = 1 - ,l 11 Y1 ^PflIY. II11•. R SR SR `" ` i p SC 241 5 O , > SE 242 ST ¢ S R'- 1 MR ST Sl 2PS S� n 3 r n X X SF 2Y)PL � 1 SE 248 ST x 2vl I S R4o5 c6 us• 5� ,L _ 9+` ja9 a I.." l y2 I e „ SE 252 St 25S Ct . m SE 255 P L c _ 253 SE 2SS SE 254 m h ¢ SS ' zs3 si � _ 1 PL � a SC zss IL cal '^ E 257 SE 256 5E 256 PL a 5i PL SE 257 CT Sf a' SE 257 PL SE 256 ST SE 25/IL _ 2s9 0 ' P< 259 EE A. �.3 SE 2 I IL SF ^SE 259 $1 �r SE 259 PE 259 PL LEGEND SEPTEMBER 16. 1997, CITY LIMITS SR 6 SINGLE FAMILY 6.05 DU/ACRE ZONING BOUNDARY SR 8 SINGLE FAMILY 8.71 DU/ACRE It CC COMMUNITY COMMERCIAL t M R D DUPLEX MULTIFAMILY 10 DU/ACRE \• SR 1 SINGLE FAMILY 1 DU/ACRE 1 f T 1 ! MERIDIAN VALLEY LAND USE PLAN MAP LAND USE & PLANNING BOARD RECOMMENDATION ., Sr n - `S 2 a SE 33 51 9� J 3 i % 4 SE 2S. S E 234 PL % r+. SE 235 PL 61- /fSE 23S J 6 PL E - F O • SC _ 2J2 51 % a SF O SE 239 b m N rrlr. - YD SF SF _ LP 1 8 sE 241 S - SE 242 Sr S X3i LD F m �. - IL c' j SE t1 �Vt J•• l t g2 N k St r s x s / ry N r aw cl •• - x i l rt tr Itit 3r SE 242 PL % SE 248 ST it xu n SF 6 Gx � las N 3 `35`a ro xi5 II Mou N r ]f iS0 ![ Sf n SE 252 Si 253 cJ w r SF SE 253 n V L 2S ur 5E c — C 5 PL Q _ 253 m Si Sl a3. 1 $L 24r S [+5 II SE 215 FL Q ^ m M 3 }SS Il LGI 4CT 259SE 256 PL IL t ¢' a SE 252 PL SE 25B ST •� Va E2 s IL Sf n SE 259 41 f� +S° = J SE 259 PL '< — '_ SE 2.2 PL 259 R LEGEND �v SEPTEMBER 16, 1997 ••»• '**^^'� CITY LIMITS SF 8 SINGLE FAMILY 8 DU/ACRE ZONING BOUNDARY LD M F LOW DENSITY MULTIFAMILY I C COMMERCIAL MDMF MEDIUM DENSITY MULTIFAMILY f. SF 1 SINGLE FAMILY 1 DU/ACRE I�I 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. Meridian Valley Annexation Zonina and Comp Plan Amendment - AZ-97-1/CPA-97-1 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 I . , ' cE 36 IN " - S R 6 MRD ,E MRG M C MRD - - --R M H MR R r- LLL = G nA G ;E , - S J- 6Q/ rsE zu r PE 1 s 1•,sr !r' SE 248 CT S 'IDA 4o5 w SE 252 51 • N a s= t � SE 253 - �_..._�s�, Tl r'l `sE zee - "• SE 255 SE 255 5i E_59 Sr Sf 258 L_ - r , - I SE ia v( - 259 E�'" 1 _. sf z 9 of i 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 ZONING BOUNDARY MRG (;Af71(EN I7FNSITY MULTIFAMILY 16 DU/ACRE Cc COMMUNITY COMMERCIAL, MRM MEDII'\l DF;NSITY MULTIFAMILY 23 DIUACRF. SR 1 SINGLE FAMILY I DU A( RE. MRu VIGIL III:N�i'rY MULTIFAMILY 40 DU/ACRE SR 4.5 SINGLE FAAIILF I.:"rl D1 A( RF I,I. 'rt:Ei.I 1`:r, I .;Fr MERIDIAN VALLEY ANNEXATION ZONING ALTERNATIVE 2 0 SE 235 ,. -- Tac 36 FL I - - -- 6 t ��= SR 8 j 2 J� MIR D_ s j R [cc SR SR SR 2 M 1 e l,. M = SR' 1 R M D � 1 Q .r J p \" \ N / r wEJfi • t l ISI S 'ED 4o5 SE 252 SE s -- XSr °L i sE 1 _5� I i I JSY I... « i - IF 15, r �� • 'E 25, Pl - —. — 5E 258 5' EE 'Se st se z e ct ,. 5E 259 PL _ v- \._ st p LEGEND SR 4.5 SI`WI I 1 91 Du/ACRE AUGUST 25, t9'l- CITY LIMITS SR 6 I4INCI,I. IAA1I1.1 6.05 DU/ACRE �t ZONING BOUNDARY SR 8 �L^:c l.l. FA�IIL} R.;I DUiACRE CC COKIMUNITY ('OAIMER('I I MRD 1)ITI Cy NI 17 11 1 FAv1I LY 10 Dtf/ACRF. SR 1 SINGr.G FAMILY I V RE MRG CAIiDI v IIE.N�ZM Kill L'T IFAMILY 16 DU/ACRE cR *�:) MRM I ..._... ..... . . ........1 . ... _ .. _ .. .. ._. ._, . ........... MERIDIAN VALLEY COMPREHENSIVE PLAN ALTERNATIVE 1 :E ,3N — E 234 FL—I E PL SC f9r, I LDMF � sF` all s v -� M MDMF DMF e� W LDMF 0. ., PL eta CT t `L./' w �F :.11 5E 2SJ ST m ml SE 253 N L SF �411E 251 _ - --- -- . 5 P�5 I SE 257 CI _ c r rl 5E 25, PL- _-. -- SE 259 5T Sf 59 _I r, IIIr 9 \-SE SN C� SC l,9 nl 259 S, SE 25W� LEGEND AUGUST 25• 1997 CITY LIMITS LDMF LOLL' UFNV 11'Y MULTIFAMILY W ZONING DOUNDAR7' MDMF J)FNVZITY MULTIFAMILY C COMMERCIAL SF 1 SINGLE FAMILY I Dl). A( RI cv a . . . , MERIDIAN VALLEY COMPREHENSIVE PLAN ALTERNATIVE 2 EE '34 5T 23J PI �r cr 21, SF 8 s 5E Z 4 Mr SF SF 8 SF 3 1 _ S F 1 m t g LD F h s; vs P 119E P41 Et SF. 24q FT s e - E 2<• . z zsi m N SE 252 St SF `P 9t Y 25 ...r 9F 255 4 :51 s =s �— j =F ?55 PL 1 SE .'S] SE 259 5T - — st r l E qc— LEGEND5e r� SF 66 PIN(;I.I IA M D R 11,ti G I1jACE AUGUST 25, 1997 CITY LIMITS SF 8 1NGLI' FAMILY 9 DU/ACRE ZONING BOUNDARY LDMF L(ns I)FN`;Ir}- MI'LTI FA I LY -. C COMMERCIAL MDMF MEI)I1'M DENSIr M I I LTI F A M I LY SF 1 SINGLE FAMILY I 111T A('RF SF 3 SINGLF FAM111L1 rl h^ TI RI' 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 u O M � R 'R w o S 3 G 3 v o s s m • � c c w S 5' A 3 0 n n • p1 N m m g c n m « n N « c c 6 n m �� w • m $ e D + m � $ cG on �22 n 3 i 7i y C' 3 p N u H m > > c 0 ?$ c a = Q C Y G f M 6 • m eRi 3 '° n g n o o a p N OMn n m S • u m n n g ` R = u D w & Sow o� g"m 9 €- la FL 8 m w� n Z m 'm3 8T m o m o 'moo C E 'o t,. 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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 file 10.1 In 1 nrLi — V de � I i 3 T( I_ 55 4, Interstate PP\y' a J i n f..K 5 R.vei N • 1 SR 67 Vall y F y uvWE S _ g we w — i [v.w ea e 1'I'4J N XWE S SR 167 I i Valle pw Ire.,Nab lafKsl"- j rr n — _1 IW AVE SE sc SF � � 1 -" 1 1 - r- -i (J �.� I�� �,✓+� ��. jl� Tr ' '- '�� TT- � 171 AVE SC— g1.KIS[ - -_ � I � 1� � I t �f � � I uo M4 S[ 1 r ise•K s[ • -� i I � / 1 3 A_ ITJ O 2 A o \I ^ A m C m C V 1+1 A N t�f 2 C z 0 M C Z FO O CJ A 'j+ S ]1 U1 y K ' M y n la I '-Ir ' Ll Z �..�m W Ilii' I v.,f,.•. � � Li 1 , i W LLI UJ co.>: a ; � : N N :* s N QGo LJ :. at CAI _�� :; .. W uj IV I � �f !r 1 �II I:I�[:•It i\@ I} =;& ;. 2 rl � I 0 I CD in N I Cc co 014 Lu q LU Wc Z W 41�: -- ��. ,` \I �� 'I�-u \?'�C �i•.• — •.•\mil• \a q y W t 1 Q a I • IL UA LU u t ail r _ W Q = O U H - EXHIBIT "A" 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, WWrLWO FI AN"D I?AFLZ►WrATID?i ACRER RNT PAoa l Ioaooa 00W§^M33Q.M7J vum 1317 FM �8 25 '97 13:59 ID:ENVIRCNrE-NTAL SERVICES r�X: 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 Its Its wSn.AND n-Am"D MVLx zwrAncw Aoarsmxwr 1eAP7r]�0.02;7) rAarC 2 V2397 l2:17 Ply( 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 i I I III l I i i I 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). 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' � err.} ;I,'1:1 `� .�� i, 1�uyr11,WN�r 1.111'h•II'rr MAr•'.�lll' I 1" cm r I, r i�. :Y..'�MI'il:� ll .pS'r.I�C l,:f!,?�iM•� ''7 �• k Y'F 4iM j�.tll h ALi' 1 1�„Y 1141;in1'! '�xpIhyh,^_'1fi N ItiQG'Gh4Jw4 '11 86 It 1• , I I , Poll 3 'C' �,/'r;Ci!;�41,rknTr��yl'I�'�I �;• 1 'r'ILiib ra.� �r,:n rLl•:4a r,! 1,1 11 I pp 5IA JJtd Za Inn Gz TN3 L� LT Q3S5 :BiO�-So 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 ?