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Connie Epperly Judy Woods
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October 7, 1997
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SUMMARY AGENDA
KENT CITY COUNCIL MEETING
October 7 , 1997
Council Chambers
7 : 00 P.M.
MAYOR• Jim White COUNCILMEMBERs: Christi H-:user, President
Tim Clark Connie Epperly
Jim Bennett Judy Woods
Jon Johnson Leona Orr
CALL TO ORDER
FLAG SALUTE
ROLL CALL
1. PUBLIC COMMUNICATIONS
,A-; Employee of the Month
—$. Proclamation - Fire Prevention Week
2 . PUBLIC HEARINGS
,A. S. 238th St. Street Vacation
,B. Del Mar Annexation Area Initial Zoning and Comprehensive
Plan Amendments
3 . CONSENT CALENDAR
,--X. Approval of Minutes
,,B. Approval of Bills
C. Council Workshop on 1998 Budget - Set Date
-D-' S. 238th St. Street Vacation Funds - Distribution M 7
E. Speed Limit Revisions on Designated Streets - Resolution
,F. Comprehensive Plan Amendments, Declaration of Emergency
(Meridian Valley and Del Mar Annexations) - ResolutionfY-cjFr
AM;. Sewer Reimbursement from Latecomers - Approval and
Budget Change
,H. Jail Health Services Contract Extension - Approval
I-. Jail Food Services Contract Extension - Approval
-11. Washington State Criminal Justice Training Commission
Contract for Services - Approval
�K. Greenfield Park Final Plat - Approval
_,L Benson Short Plat Sanitary Sewers - Bill of Sale
`M. Plat of South Bend - Bill of Sale
N. Kent Assisted Living - Bill of Sale
y. KIVA Contract
4 . OTHER BUSINESS
,K. Golf Course Management Proposals
C c.h 16 -1/ 0--J.QLL d L-11 &-: „ n e_-rt'
5 . BIDS
S. 262nd Street Water Main Improvements
6 . CONTINUED COMMUNICATIONS
7 . REPORTS
8 . ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent
Library.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City in advance for more information. For
TOO 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) Employee of the Month
C Ceti /0
i
B) Proclamation - Fire Prevention Week
Kent City Council Meeting
Date October 7 . 1997
Category Public Hearings
1. SUBJECT: S. 238TH ST. STREET VACATION STV-97-1
2 . SUMMARY STATEMENT: This date has been set to consider an
application to vacate a portion of South 238th Street, as
referenced in Resolution No. 1496, and as shown on the accom-
panying map and discussed in the staff report.
3 . EXHIBITS: Staff report, map, application, and resolution
4 . RECOMMENDED BY: Planning Director
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
OPEN HEARING:
PUBLIC INPUT•
CLOSE HEARING:
7. CITY COUNCIL ACTION:
Councilmember -I moves, Councilmember seconds
to approve the Planning Department's recom-
mendation of approval with conditions on an application to
vacate a portion of South 238th Street, as referenced in
Resolution No. 1469, and to direct the City Attorney to prepare
the necessary ordinance upon compliance with the conditions of
approval.
DISCUSSION•
ACTION:
Council Agenda
Item No. 2A
CITY OF
Jim White, Mayor
Planning Department (206) 859-33901FAX (206) 850-2544
James P. Harris, Planning Director
MEMORANDUM
October 7, 1997
MEMO TO: Mayor Jim White and City Council Members
FROM: James P. Harris, Planning Director
SUBJECT: Report and Recommendation on an application to vacate a portion of South
238th Street
Recommendation: APPROVAL WITH CONDITIONS
I. Name of ApWic n
Brent D. Cummings
Bush, Roed and Hitchings
2009 Minor Avenue E.
Seattle WA. 98102
(206) 323-4144
II. Reason for R^ ,esting Vacation
The applicant states, "Vacation requested to facilitate future development and building
expansion."
III. Staff Recommendation
After reviewing comments from the following departments and agencies:
Public Works
Fire
Parks
Puget Sound Energy
and conducting our own review, the Planning Department recommends that the request to
_w vacate a portion of South 238th Street as mentioned in Resolution 1496 and shown on the
accompanying map, be APPROVED with the following conditions:
Street Vacation #STV-97-1
220 Jih AVENUE SOUTH / KENT.WASHINGTON 98032-5895/TELEPHONE (253)859-3300
October 7, 1997
Page 2
Under City Code the proposed right-of-way to be vacated is a Class 'B' right-of-way
which requires compensation.
1. The petitioner shall reconstruct the cul-de-sac turnaround at a location
westerly of this proposed street vacation. Said reconstruction shall be in
accordance with City construction standards,and included therewith shall be
the deeding to the City of the necessary right-of-way for same. Prior to
adopting the ordinance finalizing this street vacation, the petitioner's
engineering plans for the relocated cul-de-sac turnaround shall have been
reviewed and approved by the Public Works Department.
The petitioner shall have deeded to the City the necessary additional right-of-
way for same. the petitioner shall have completed the execution of the
necessary documents and instruments associated with a developers extension
packet for the turnaround improvement as outlined in the City's construction
standards. The petitioner shall have paid all fees, obtained all permits and
deposited or furnished to the City all bonds,including performance bonds,for
the construction of the cul-de-sac turnaround improvement.
2. Compensate the City in accordance with State law for the value of the
vacated right-of-way. Said compensation shall be based on the net amount
of right-of-way exchanged (net amount equals amount vacated less amount
deeded for the relocated cul-de-sac turn around area).
3. Where City utilities and or private utilities exist within the right-of-way to be
vacated, the petitioner shall provide as built locations thereof and grant
respective easements for same. Should any City utilities be required to be
relocated to accommodate the petitioner's development, said relocation shall
be the sole responsibility and expense of the petitioner.
JPH/mp:a:stv97.1
cc: Fred N. Satterstrom, Planning Manager
! PROPOSED STREET VACATION
STV 97-1 V
SOUTH 238TH STREET
SEE FOLLOWING MAP
FOR MORE DETAII,
22111 W .2303
=77.
. ...........
>1
i 2285
...........
23of
..............
AREA PROPOSED rl
TO BE VACATED
2227
.............................
James Street
PRE'
J�L '1 1 1997 3
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AUG 0 4 1997
PLANNINGCT" GF KEHT
DEPARTMENT
Illy af � ` � RECEIVED
AUG . 41997
CITY OF KENT
PLANNING DEPARTMENT J U L.L 1 1997
MAIL TO: APPLICANT: CITY
OF KENT
CLERK
CITY OF KENT NAME: �T �• CUMM/hl(ps
Property Management
220 So. 4th Ave. Address: RUSH, f20Eo 1` )I417-CING.3
Kent, WA 98032
Attn: 2609 MI'e1nt2
Phone: SEATTLE T WA, 98/02
STREET AND/OR ALLEY VACATION APPLICATION AND PETITION
j Dear Mayor and Kent City Council:
I We, the undersigned abutting property owners, hereby respectfully request
that certain _ac_l^thnn Q f hereby be vacated. (General Location)
�S. 2-38 mil.
Legal description RECEIVED
See a r..•t'tacAz-d , AUG 0 4 1997
CITY OF KENT
PLANNING DEPARTl.AENT
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RECEIVED P� P8r9
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Sufficient proof, copy of dead contract etc., supported by King County
Tax Rolls shall be submitted for verification of signatures. Without
these a "CURRENT" title report shall be required. When Corporations,
Partnerships etc. are being signed for, then proof of individual's
authority to sign for same shall also be submitted.
Attach a color coded map 'olf a scale of not less than i" — 200' of the area
sought for vacation. (NOTE) Map must correspond with legal description.
ABUTTING PROPERTY OWNERS TAX LOT1!
SIGN RES AND ADDRESSES TAT, BLOC /SEC. TWN. RG
Q 3832 00-00oS . 383200-000 4
I-p&j6fj4 a OWrtD 929iGo- 003o,, 929/6o - 0020
a C.-1 (J -iLl
VAIr �P v StaP�n
$150.00 Fa Paid Ob Treasurer's Receipt No.
Appraisal Fee Paid Treasurer's Receipt No.
Land Value Paid Treasurer's Receipt No.
Deed Accepted Date
Trade Accepted Date
5224.13A
220 IN AVE.SO.. I KENT.WASHINGTON 96032-6695 1 ENGINEERING 12061669 3383/OPERATIONS 12061659 3305/FAX 1 969.3334
DRBCRIPTION JUL 1 1 1237
BTRRRT VACATION PARCEL CITY OF+�KENT
THOSE PORTIONS OF SOUTH 238TH STREET, AS DESCRIBEPIX L7SL'OS TO
THE CITY OF KENT RECORDED UNDER RECORDING NOS. 7409260487,
7804190250 AND 7804190251, RECORDS OF KING COUNTY, WASHINGTON,
DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE,$OUTHWEST CORNER OF LOT 1,, WESTERN FARMERS. SHORT
PLAT, ACCORDING TO THE SHORT PLAT THEREOF RECORDED IN VOLUME 3 OF
SURVEYS, PAGE 127, RECORDS OF SAID COUNTY, THENCE SOUTH 88.361201,
EAST 177.70 FEET ALONG THE NORTH LINE OF SAID SOUTH 238TH STREET
TO THE MOST WESTERLY CORNER OF SAID PORTION DESCRIBED IN DEED
RECORDED UNDER RECORDING NO. 7804190251 AND THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 65.00 FEET
(A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 61007'08"
WEST) ;
THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY 141.84 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 125"01'37" TO THE
MOST EASTERLY CORNER OF SAID PORTION DESCRIBED IN DEED RECORDED
UNDER RECORDING NO. 7804190251, THE NORTHWEST CORNER OF THAT
I PORTION OF SAID SOUTH 238TH STREET VACATED BY CITY OF KENT
ORDINANCE NO. 2081, RECORDED UNDER KING COUNTY RECORDING NO.
7805010993, AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 65.00 FEET (A RADIAL LINE THROUGH
SAID BEGINNING BEARS NORTH 63054129" EAST) ;
THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY 62.36 FEET
ALONG SAID CURVE AND THE WESTERLY LINE OF SAID VACATED PORTION
THROUGH A CENTRAL ANGLE OF 54°5822" TO THE MOST EASTERLY CORNER
OF SAID PORTION DESCRIBED IN DEED RECORDED UNDER RECORDING NO.
7804190250 AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 65.00 FEET (A RADIAL LINE THROUGH
SAID BEGINNING BEARS SOUTH 61007'09" EAST) ;
THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY 141.84 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 125°01'39" TO THE
MOST WESTERLY CORNER OF SAID PORTION DESCRIBED IN DEED RECORDED
UNDER RECORDING NO. 7804190250 AND THE SOUTH LINE OF SAID PORTION
DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 7409260487;
THENCE NORTH 88*36120" WEST 177.70 FEET ALONG SAID SOUTH LINE TO
A POINT WHICH BEARS SOUTH 01.23'40" WEST FROM THE POINT OF
BEGINNING;
THENCE NORTH 01.23140" EAST 60.00 FEET TO THE POINT OF BEGINNING.
THE PARCEL DESCRIBED ABOVE CONTAINS 23,638 SQUARE FEET (0.54
ACRE) , MORE OR LESS.
SITUATE IN THE CITY OF KENT, KING COUNTY, WASHINGTON.
JAL. OBERTO SAUSAGE CO.
WILLIAM A. HICKOX, P.L.S.
�1 Y BRH JOB NO. 96278.02
JUNE 3, 1997
CITY OF KENT
l,uo JUL 81997
w� ENGINEERING DEPT
RECEIVED
AUG 0 4 1997
PLANNING DEPARTMENT
RESOLUTION NO.
A RESOLUTION of the City of Kent, Washington,regarding
the vacation of a portion of South 238th Street, a dedicated, opened
street, lying east of Washington Avenue, and setting the public
hearing on the proposed street vacation for October 7, 1997.
WHEREAS,a petition has been filed by various property owners to vacate a portion
of South 238th Street, a dedicated, opened street, lying east of Washington Avenue in the City of
Kent, King County, Washington; and
WHEREAS, these property owners own at least two-thirds of the property abutting that
portion of South 238th Street that is now being sought to be vacated; and
WHEREAS, the petition is in all respects proper. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. A public hearing on the street vacation petition requesting the vacation
of a portion of South 238th Street shall be held at a regular meeting of the Kent City Council at 7:00
p.m., Tuesday, October 7, 1997, in the Council Chambers of City Hall located at 220 4th Avenue
South, Kent, Washington, 98032.
Section 2. The City Clerk shall give proper notice of the hearing and cause the notice
to be posted as provided by state law, Chapter 35.79 RCW.
• 1
Section 3. The Planning director shall obtain the necessary approval or rejection or
other information from the Public Works Department and other appropriate departments and shall
transmit information to the Council so that the Council may consider the matter at its regularly
scheduled meeting on October 7, 1997.
Passed at a regular meeting of the City Council of the City of Kent, Washington this
day of , 1997.
Concurred in by the Mayor of the City of Kent, this day of V , 1997.
Clim z
if
JI , MAYOR
ATTEST:
BRENDA JACOB ITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTO
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the 11 day of 49. 1997.
SEAL)
STVAC914.res BRENDA JAC E , CITY CLERK
2
CITY OF L41WI
Jim White, Mayor
NOTICE OF PUBLIC HEARING ON PROPOSED STREET VACATION
NOTICE IS HEREBY GIVEN that the abutting property owners
have petitioned the City Council of the City of Kent, to vacate a
certain street in the City of Kent, King County, Washington,
described as follows:
THOSE PORTIONS OF SOUTH 238TH STREET, AS DESCRIBED IR OEEDS TO
THE CITY OF KENT RECORDED UNDER RECORDING NOS. 7409260487,
7004190250 AND 7804190251, RECORDS OF KING COUNTY, WASHINGTON,
DESCRIBED AS A WHOLE AS FOLLOWS:
. BEGINNING AT THE,SOUTHWEST CORNER OF LOT 1, WESTERN FARMERS SHORT
PLAT, ACCORDING TO THE SHORT PLAT THEREOF RECORDED IN VOLUME 3 OF
SURVEYS, PAGE 127, RECORDS OF SAID COUNTY, THENCE SOUTH 88.36'20"
EAST 177.70 FEET ALONG THE NORTH LINE OF SAID SOUTH 238TH STREET
TO THE MOST WESTERLY CORNER OF SAID PORTION DESCRIBED IN DEED
RECORDED UNDER RECORDING NO. 7804190251 AND THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 65.00 FEET
(A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 61-07'08"
WEST);
THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY 141.84 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 125.01137" TO THE
MOST EASTERLY CORNER OF SAID PORTION DESCRIBED IN DEED RECORDED
UNDER RECORDING NO. 7804190251, THE NORTHWEST CORNER OF THAT
PORTION OF SAID SOUTH 238TH STREET VACATED BY CITY OF KENT
ORDINANCE NO. 2081, RECORDED UNDER KING COUNTY RECORDING NO.
7805010993, AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 65.00 FEET (A RADIAL LINE THROUGH
SAID BEGINNING BEARS NORTH 63.54'29" EAST);
THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY 62.36 FEET
ALONG SAID CURVE AND THE WESTERLY LINE OF SAID VACATED PORTION
THROUGH A CENTRAL ANGLE OF 54.58'22" TO THE MOST EASTERLY CORNER
OF SAID PORTION DESCRIBE) IN DEED RECORDED UNDER RECORDING NO.
7804190250 AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 65.00 FEET (A RADIAL LINE THROUGH
SAID BEGINNING BEARS SOUTH 61.07'09" EAST);
THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY 141.84 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 125•01'39" TO THE
MOST WESTERLY CORNER OF SAID PORTION DESCRIBED IN DEED RECORDED
UNDER RECORDING NO. 7804190250 AND THE SOUTH LINE OF SAID PORTION
DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 7409260487;
THENCE NORTH 88.36'20" WEST 177.70 FEET ALONG SAID SOUTH LINE TO
A POINT WHICH BEARS SOUTH 01.23-40" WEST FROM THE POINT OF
BEGINNING;
THENCE NORTH 01°23'40" EAST 60.00 FEET TO THE POINT OF BEGINNING.
THE PARCEL DESCRIBED ABOVE CONTAINS 23,638 SQUARE FEET (0.54
ACRE), MORE OR LESS.
SITUATE IN THE CITY OF KENT, KING COUNTY, WASHINGTON.
NOTICE IS FURTHER GIVEN that the City Council of the City of
Kent, has set O - nb r 7. 1997, at the hour of 7:00 o'clock
p.m. , as the time, and the Council Chambers of the City Hall of
the City of Kent as the place, for a hearing upon said petition.
All persons desiring to be heard upon said matter are
requested then and there to be present to state their approval or
objections, if any they have, to the granting of such petition.
BY ORDER OF THE CITY COUNCIL
Resolution No. 1496
Adopted August 19 1997
Brenda Jac CMC
City Clerk
Any person requiring a disability accommodation should contact
the City in advance for more information. For TDD relay service
call 1-800-635-9993 or the City of Kent (206) 854-6587.
Kent City Council Meeting
Date October 7 , 1997
Category Public Hearings
1. SUBJECT: DEL MAR ANNEXATION AREA INITIAL ZONING AND
COMPREHENSIVE PLAN AMENDMENTS (AZ-97-2 AND
CPA-97-2)
2 . SUMMARY STATEMENT: On September 22, 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 Del Mar 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 November 18, 1997 .
3 . EXHIBITS: New memo, staff report of 9/22/97 and minutes of
9/22/97 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 X 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 T
Pl ment (253) 859-3390/FAX (253) 850-2544 Jim White, Mayor
J Eharrar
MEMORANDUM
October 7, 1997
MEMO TO: JIM WHITE, MAYOR, AND MEMBERS OF THE CITY COUNCIL
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: PROPOSED DEL MAR ANNEXATION AREA INITIAL ZONING AND
COMPREHENSIVE PLAN AMENDMENT, #AZ-97-2, AND #CPA-97-2 -
LAND USE & PLANNING BOARD RECOMMENDATION
Attached is the Land Use & Planning Board's recommendation on initial zoning and the Comprehensive
Plan amendment for the Del Mar annexation area. The Land Use & Planning Board conducted a public
hearing on zoning and land use plan amendments for the Del Mar area on September 22, 1997, and made
their recommendation at the conclusion of that hearing (see attached minutes).
At the September 22nd 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 September
22nd, 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 change made to staff recommended Zoning Alternative 2
by the Planning Board was minor, and involved including one additional lot located north of the existing
West Hill Professional Offices, near the intersection of Military Road and South 272nd Street, into the
proposed O, Professional and Office zoning district. This revision was made after considering a letter
submitted by the owner of the existing office complex which requested an expansion of Office zoning. The
modification to Land Use Plan Map Alternative 2 reflects the proposed zoning adjustment on this lot, and
would include this lot within the Commercial land use boundary. The staff proposed zoning and land use
designations on this lot were SR-6, Single Family Residential, and SF-6, Single Family Residential,
respectively. Maps of the Board's recommendations for Del Mar zoning and plan amendments are attached
herewith.
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 October 7,
1997, and the second is scheduled for November 18, 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 October 7th hearing to
further explain the recommended zoning and land use plan designations for the Del Mar annexation area.
JH\pm p:Ipub1i6az97.2.mm3
Attachments
cc: Fred Satterstrom, Planning Manager
Kevin O'Neill, Senior Planner
Matthews Jackson, Planner/GIS Coordinator
^01ih VVISVI P.SOCTH KE\r %k vsHrCG"r[1V°�80 -5 Ho< 11,11 PHI).v I'
D E L MAR LAND U S ]E PLAN
LAND USE & PLANNING BOARD RECOMMENDATION
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CITY OF L"LI!2 J 7S
Jim White, Mayor
Planning Department (253) 859-3390/FAX (253) 850-2544
James P. Harris, Planning Director
MEMORANDUM
September 22, 1997
MEMO TO: STEVE DOWELL,CHAIR AND LAND USE&PLANNING BOARD MEMBERS
FROM: MATTHEWS JACKSON, PLANNER/GIS COORDINATOR
SUBJECT: #AZ-97-2/#CPA-97-2 - DEL MAR ANNEXATION ZONING AND
COMPREHENSIVE PLAN AMENDMENT
Introduction
On June 3, 1997, the Kent City Council passed Ordinance No. 3351 approving the annexation of
the Del Mar annexation area to the City of Kent. The annexation was prompted by a citizen petition
which was accepted by the City Council. The Del Mar annexation area encompasses approximately
578 acres, and is generally bounded on the north and east by the City's previous corporate limits, on
the west by Pacific Highway South (Hwy. 99) and on the south by South 272nd Street. The
annexation fills in the southwestern edge of the City's Potential Annexation Area (PAA), which is
designated in the Kent Comprehensive Plan. The Del Mar 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 2.1.8 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 City 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 Del Mar annexation area will be held in front of the Land Use&Planning Board
on September 1 lth. 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 October, while the second hearing will likely occur in November.
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 Map which designates
land uses for the entire PAA, including the Del Mar annexation area. The.land uses designated in
the PAA for the Del Mar annexation area reflect the designations of adjacent land in the City of
Kent. Most of the area was given a designation of SF-6, while the commercial areas along Pacific
1211 ath AV F.NUE SOUTH / KENT, WAS HINCTON 99f)I: /TEL EPHONF, i2571 g5V_;uNl
4AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
Highway South were designated Commercial. 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 Del Mar annexation area must be consistent with
the Land Use Plan Map in the comprehensive plan. It will be necessary to make some amendments
in order to update the land use designations so that they are consistent with the designations for the
rest of the City and ultimately with the zoning which is adopted. 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 Del Mar 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.
Back rg ound
The Del Mar annexation area was part of the King County Federal Way Community Planning 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 Federal Way community planning area
was given a household target of 3,300 to 4,200 units. The Del Mar area represents a very small
portion of the Federal Way planning area,therefore, it is difficult to extract an estimate for a housing
target using county data. However, an interim target of approximately 75 to 100 new households
over the next twenty years is reasonable in light of existing development and available land supply
in the Del Mar 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 units 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 28 square miles in area. The Del Mar annexation area is less than one square mile
in area. There is enough vacant and underdeveloped land in the Del Mar area to adequately absorb
the projected new housing units under both zoning and land use alternatives proposed by staff.
#AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING
September.22, 1997
Existing Land Uses
The existing land use pattern in the Del Mar annexation area is varied. The area in the vicinity of
Pacific Highway South is developed with high intensity commercial and moderate to high density
residential developments. The Del Mar single family detached subdivision is located west of
Interstate 5 in the northern section of the annexation. The properties located east of Interstate 5 and
west of Military Road are single family residential with several one acre or more parcels adjacent
to the freeway. Several multi-acre properties are also located between Pacific Highway South and
Interstate 5. The southeastern comer of the annexation area is developed with a typical suburban
single family subdivision. A small commercial/office node is located on the northwest corner of the
intersection of Military Road and SE 272nd Street.
King County used to maintain a 10.6 acre parcel north of the Star Lake Park & Ride as a shops
facility. Road maintenance equipment and materials were stored st this site. It appears that they
have moved out of this location since the area was annexed by Kent. There are several large lots in
this area which are owned by Midway Sand and Gravel. Historically, this area was once used as a
gravel pit, although that use dates back many years. This area is also encumbered by the large
wetland area which is discussed elsewhere in this report.
The recently completed census in the area indicates that 465 of the housing units located in the
annexation area are single family detached structures,while 1,070 are multifamily residential. Sixty
mobile homes were counted, and three special units were found. Approximately 29.1 percent of the
units in the annexation area are single family residential, while 67 percent are multifamily. The
ratio of multifamily to single family units in the annexation is substantially higher in the Del Mar
annexation area than the city at large because of the development near Pacific Highway South. As
of April 1, 1996, the city limits was developed with approximately 42 percent single family
detached, 53 percent multifamily, and 5 percent mobile homes and special units.
There are several large multifamily developments in the annexation area. Many of these projects
are located off of SE 260th Street. The Cottonwood Apartments are developed with 75 units on
1.67 acres,the Appian Way Apartments are developed with 150 units on 5.22 acres, the Cedarwood
Apartments are developed with 249 units on 8.85 acres, and the Royal Skies Apartments are
developed with 240 units on 9.2 acres. The Westhill Mobile Manor is located next to these
apartment developments. Two additional multifamily projects are located on the north side of SE
272nd Street. Huntington Woods is developed with 135 units on 7.05 acres, and the Village
Apartments are developed with 100 units on 4 acres of land.
Single family lot sizes typically range from 6,000 to 10,000 square feet in the annexation area. Most
of the large parcels of land which are underdeveloped in the area were previously zoned urban
residential in King County and are proposed for single family residential zoning under staffs
recommendation. Most of the residential development is well established,however a new residential
subdivision is currently under construction along 28th Avenue South behind the Star Lake Park&
Ride.
#AZ-97-2/4CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
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 the City's single family
zoning districts, but are likely to continue with single family zoning upon annexation. The Royal
Skies Apartments, built in 1982 and located south of South 259th Street, is an example of this type
of development.
Description of Previous King County Zoning
The. previous King County zoning is predominantly residential, but diverse. The breakdown of
previous zoning in the Del Mar annexation area is approximately as follows:
Zone Acres Base Density
NB,Neighborhood Business .65 N/A
CB, Community Business 67 N/A
O, Office .35 N/A
R4, Urban Residential 357 4 dwelling units/acre
R6, Urban Residential 89 6 dwelling units/acre
R12, Urban Residential 11 12 dwelling units/acre
R24, Urban Residential 19 24 dwelling units/acre
R48, Urban Residential 22 48 dwelling units/acre
The area south of South 259th Street, extending to the boundary of the Del Mar annexation area to
the south and west, and east of the commercial development along Pacific Highway South, was
largely zone R4. This includes the Royal Skies Apartments which was developed as a PUD in King
County. The area north of South 259th Street,west of approximately 28th Ave SE, and extending
to the boundary of the annexation on the north and east was zoned R6. Commercial development
along Pacific Highway South was zoned Community Business, with two small vacant areas zoned
R12. A series of fourplexes located between South 256th Street and South 259th Street, and 27th
Place South and approximately 28th Ave South was zoned R24 as well as two existing developments
along South 272nd Street. Several large apartment complexes located north of South 260th Street
and west of 27th Place South were zoned R48. Finally, a Circle K mini-mart and adjacent office
4AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
development at the intersection of Military Road and South 272nd Street, were zoned Neighborhood
Business and Office respectively.
Comparison of King County and Kent Zoning Designations
A list of existing County zoning designations assigned to the Del Mar 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 Del Mar annexation
area are comparable to County zoning districts, and others are different. The King County
Community Business zone compares generally to the Kent Community Commercial and/or General
Commercial zones. 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.
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.
4AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
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% 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.
Environmental Characteristics
The Del Mar annexation area is located on Kent's west hill and can be generally characterized as
plateau between the shore of Puget Sound and the fertile Green River Valley. Elevations are
approximately between 300 and 500 feet above sea level. Slopes in excess of 20 percent may require
special development restrictions. There are other significant environmental features in the area
including a large wetland area located between Interstate 5 and Pacific Highway South, running the
length of the annexation from SE 259th Street to SE 272nd Street. These wetlands are shown within
the Puget Sound Drainage Basin in the King County Sensitive Areas Map Folio, dated December,
1990. One of the two wetlands shown in the Del Mar annexation area was mapped in the U.S. Fish
and Wildlife Service's National Wetlands Inventorv, but its location has not been field verified by
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 Del Mar annexation 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.
•- #AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
Public Participation - Del Mar Open House
An open house was held at the West Hill Fire Station on July 9th, 1997. Approximately 35
people attended the open house and of these, 19 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. Survey respondents mentioned
"proximity to shopping/employment" as the most important factor for living in the Del Mar area.
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, public safety as well
as zoning and land use issues were the number one choices. Traffic and road maintenance was
also a key factor for most responders.
Survey respondents were asked about their opinions of King County zoning policy:
Approximately half of the respondents indicated they had concerns regarding King County zoning.
Some felt that there was a need for a greater police presence in the area, while others felt there
is too much multifamily and commercial development in the area. Most respondents indicated that
they did not necessarily have big concerns, but would wait and see what changes take place after
annexing to Kent.
Description of Zoning Alternatives
Staff has prepared two zoning alternatives for review by the Land Use & Planning Board and the
public. Maps for both zoning alternatives are attached.
Zoning Alternative 1
Alternative 1 shows what the zoning in the Del Mar 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
R4 in the county are shown as SR- 4.5 on this alternative. It is generally the policy of the City to
follow lot lines when making zoning decisions. However,King County has any 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 Density
O, Professional and Office .35 N/A
NCC, Neighborhood Convenience Commercial .65 N/A
4AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
GC, General Commercial 67 N/A
SR-4.5, Single Family Residential 357 4.53 dwelling units/acre
SR-6, Single Family Residential 89 6.05 dwelling units/acre
MRD, Duplex Multifamily 11 10 dwelling units/acre
MRM, Medium Density Multifamily 19 23 dwelling units/acre
MRH, High Density Multifamily 22 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 zone is generally lower than the
corresponding county zone.
Zoning Alternative 2
Alternative 2 encompass staffs best recommendation on zoning in the Del Mar 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 new
and existing Kent residents. It expands the commercial zoning along Pacific Highway South by
extending the commercial zoning to the end of the lots which had split zoning within the county.
Alternative 2 also proposes rezoning the two vacant areas proposed for MRD zoning in alternative
1 to General Commercial. These lots were zoned R12 under King County zoning plans. This
alternative recommends zoning the Westhill Mobile Manor to MHP, Mobile Home Park. This
complex of some 60 mobile and manufactured homes had a previous King County zoning of R48.
All mobile home parks within the City of Kent are zoned MHP.
As with other annexation zoning proposals in recent years, this alternative proposes a zoning on
multifamily developments which is closest to the density at which these projects are built. This
results in a proposed zoning of MRM on the two multifamily projects located along South 272nd
Street,as well as the developments located north of South 260th Street and west of approximately
28th Ave South. The Royal Skies Apartments are shown with a proposed zoning of MRM since this
Planned Unit Development is built at a density which is consistent with this zoning. The 8.64 acre
lot located adjacent to the Royal Skies Apartments is shown with a proposed zoning of SR-1 to
reflect its status as permanent open space since the density was transferred from this lot in order to
develop Royal Skies as it stands today. The area zoned R4 in King County west of Interstate 5 is
shown with a proposed zoning of SR-4.5, and the area previously zoned R4 east of Interstate 5 is
shown as SR-6. The new SR-6 zoning east of Interstate 5 would insure that existing lot sizes are in
compliance with Kent development standards, and it is consistent with the existing SR-6 zoning
which abuts it on the east. The existing Del Mar subdivision north of South 259th Street has a
proposed zoning of SR-6, and the proposed zoning on the Circle K mini-mart and adjacent office
development is the same in both alternatives I and 2 at NCC and Office. The breakdown of zoning
in alternative 2 is approximately as follows:
#AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
Zone Acres Base Density
O, Professional and Office .35 N/A
NCC, Neighborhood Convenience Commercial .65 N/A
GC, General Commercial 92 N/A
SR-1, Single Family Residential 8 1 dwelling unit/acre
SR-4.5, Single Family Residential 164 4.53 dwelling units/acre
SR-6, Single Family Residential 249 6.05 dwelling units/acre
MHP, Mobile Home Park 6 N/A
MRM, Medium Density Multifamily 46 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 Map in the City's
Comprehensive Plan. The 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.
Land Use Plan 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 areas zoned GC, General Commercial,
NCC, Neighborhood Convenience Commercial, and O, Professional and Office, in Zoning
Alternative 1 would have a land use plan map designation of C, Commercial. The areas with a
proposed MRD zoning with a density of approximately 10 units per acre would be designated
- LDMF, Low Density Multifamily, while the areas with proposed zoning designations of MRM and
MRH would be designated MDMF, Medium Density Multifamily, allowing for densities up to 40
units per acre.
#AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
Land Use Plan 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 Royal Skies
Apartments would be designated as MDMF to reflect the proposed MRM zoning in Zoning
Alternative 2 to match what is built on the ground. The parcel south of Royal Skies would be
designated SF-1, to reflect the proposed SR-1 zoning that is recommended by staff. The existing
mobile home park would be designated MHP to reflect its proposed MHP zoning designation. The
only other difference between the two land use alternatives would be to designate the two areas
which are proposed in zoning alternative 1 for MRD zoning and a LDMF land use designation, C,
Commercial, in land use alternative 2.
Analysis of Alternatives
While alternatives 1 for both zoning and land use reflect the previous designations in King County,
these designations do not necessarily reflect existing constraints and development in the area. A
large percentage of the possible new development potential west of Interstate 5 is encumbered by
wetlands. The proposed zoning and land use alternatives reflect what is built on the ground and
reasonable expectations about what can be built in the future. Most of the zoning decisions in Del
Mar are fairly simple since the area is to a large extent already developed. Proposed changes in
density are minor, and include more flexibility in lot sizes for single family residential development
east of Interstate 5. The parcels which were zoned R12 in King County are proposed for commercial
zoning because they are in locations which are very unsuitable for additional residential
development, and are likely to have some environmental constraints which limits their eastward
development. Other proposed zoning changes reflect the City's policy of following parcel
boundaries in order to give predictability to property owners. The City does not have the flexibility
in its development standards to transfer density and development potential from one portion of a lot
to another as King County does in split zoning situations.
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.
9AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING
September 22, 1997
Zoning Alternative 2 would provide a density exceeding the four per acre required for urban
services. While somewhat reducing the 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 developments and sensitive environments.
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:AZ97-2.MM
cc: James P. Hams, Planning Director
Fred Satterstrom, Planning Manager
Kevin O'Neill, 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.
m1/rJmr/dWJchwQ.wpd
DEL MAR ANNEXATION ZONING
ALTERNATIVE 1
5 251 6 �.
Q II
I
M ~
� 5 161 1 51
St I
6 n I 2/5-2 �/
a \ _
I � � :._
�'1 a\ ml
5 253 Pl S R
5 211 51 O
I
V S 254 5i
GC
s 255 51
5,
N e/
i • ,t I�
�
al a a '14v i it s R-1 6
. 1 I
259 Si _ M R H 259
G0 Sf
Sr
GC
6 261 6i PL
II
I11 47s ;=2 51
MRD `I _^,
co 5
5 265 51S ID
44,
_ s1•>= `>.o ��C O
a
,un
�
5 268 5T
I 5 1 256 51 "
o n _yi
R 53 j
D I 5; � „
M „o l �— 5 4 5 Q
GC MRM R
_ M a 5 )I
qq
4 c
574 V " ' vl
I
LEGEND SEPTEMBER 22, 1997
SR 4.5 SINGLE FAMILY 4.53 DU/ACRE
^^'•^� CITY LIMITS
SR 6 SINGLE FAMILY 6.05 DU/ACRE
/-+
ZONING BOUNDARY
GC GENERAL COMMERCIAL MRD DUPLEX MULTIFAMILY 10 DU,/ACRE
MRH MEDIUM DENSITY MULTIFAMILY 23 DU/ACRE
NCC NEIGHBORHOOD CONVENIENCE COMMERCIAL
MRM HIGH DENSITY MULTIFAMILY 40 DU ACRE I�
DEL MAR ANNEXATION ZONING
ALTERNATIVE 2
„ 5 ^' 251 5 N u S 250 51
i
a' s xs6 n
S x 1 v
- - 25 1 ry I s xs1 r+
s ISS SI
5 252
s 1st n
5 2 3 "' 51
5 257 PL 5 Ii,
5 254 St SP
h
a a S 2Sl
V 5 254
� 51
GC
q
5t
5 256 SI 5 255 Si ,rs+..
s u
• Ifr '
- a
4r/)�
259 Si i- M H P Sq /J " m /
5 -'S9 P� � h
260 51 /r 5 zv
2fi0
51 /
SR 1 5 261 5t _
t 262 51 5 261 Pt
h 5 252 St
W I
%—
_ 262
GC 6Fa51 = - i �
•5 265 5I ca.aalcc•
R 401- 5
6J+.•
a
5 268 St
69
> 6
270 sr
MR R St
M vL
Nq
I
f —
M1 ti FI
5 V St
LEGEND SEPTEMBER 22, 1097
SR 1 SINGLE FAMILY ONE DU/ACRE
CITY LIMITS
SR 4.5 SINGLE FAMILY 4.53 DU/ACRE
ZONING BOUNDARY
SR 6 SINGLE FAMILY 6.05 DU/ACRE
G C GENERAL COMMERCIAL TAT f� `
MRM MEDIUM DENSITY MULTIFAMILY DU .4('Id. \•
DEL MAR LAND USE PLAN
ALTERNATIVE I
5 251 h 350 <1
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CITY OF Tpe'�TPT
XPlann - rtment (253)859-3390/FAX(253) 850-2544 Jim White, Mayor
s s
LAND USE & PLANNING BOARD MINUTES
Public Hearing
September 22, 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 September 22, 1997, in Council Chambers of Kent City Hall.
LAND USE & PLANNING BOARD MEMBERS PRESENT:
Steve Dowell, Chair
Brad Bell, Vice Chair
Tom Brotherton
Jerry Daman
Ron Harmon
Sharon Woodford
LAND USE & PLANNING BOARD MEMBERS ABSENT:
David Malik
PLANNING STAFF MEMBERS PRESENT:
James Harris, Planning Director
Fred Satterstrom, Planning Manager
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
August 25, 1997 minutes. The motion carried.
ADDED ITEMS TO THE AGENDA
None.
COMMUNICATIONS
None.
NOTICE OF UPCOMING MEETINGS
None.
#AZ-97-2/#CPA-97-2 DEL MAR ANNEXATION ZONING - (M. Jackson)
Planner Matthews Jackson explained that the City Council approved Ordinance No. )-) on
June 3, 1997, which annexed the Del Mar area into the City of Kent as of July 1, 1997. The area is
#AZ-97.11#CPA-97-1 DEL.NAR.aNNEUTIONZONING 1
"n lthwFNI'F Cni'TH KFNT w%SHINGTnN 9901'-<*O< rFI_FnunNF
Land Use and Planning Board Minutes
September 22, 1997
Page 2
approximately 578 acres which is just shy of a square mile. Mr. Jackson explained that the area is
generally located in the southwest corner of the previous City limits. The area is bounded by Pacific
Highway on the west, the existing City limits on the north and east, and the south by SE 272nd.
The Del Mar area was part of the City's Potential Annexation Area and came into the City from
unincorporated King County. Mr. Jackson explained that annexing this area completes the
southwest comer of the Potential Annexation Area.
At the time of annexation,the area was assigned an interim zoning of SR-2, single family residential
2.18 units per acre. Mr. Jackson explained that all newly annexed lands to the city are given an SR-2
designation regardless of the previous King County zoning. He then explained that the City has six
months upon annexation to complete the zoning process.
There will be a total of three public hearings. The first hearing 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 City Council public hearing is expected to take
place on October 7, 1997.
Mr. Jackson explained that the Del Mar annexation area was included in the Federal Way
Community Planning Area in King County. The Growth Management Act requires counties and
cities to establish housing targets. They are required to look at projections for growth, existing land
uses, and zoning capacity in order to establish targets. The County had given the Federal Way
Community. Planning Area a target of 3,300 to 4,200 new housing units over the next 20 years. The
Del Mar area was a very small portion of the Federal Way planning area. Staff estimates an interim
target of 75 to 100 new housing units in the next 20 years is appropriate for the annexation area..
The housing developed in this area consists of approximately 29%single family detached residences
and about 67%multifamily. Mr. Jackson explained that the ratio of multifamily to single family in
this area is quite a bit higher than the overall City's ratios of 42%single family and 53%multifamily.
Existing land uses in this area are varied. There is intense commercial development along Pacific
Highway South(Fred Meyer and multiple shopping centers), moderate to high density multifamily
complexes located north of 260th and 259th, and single family residences throughout. A large
percentage of the annexation area was zoned R-4 in the County. Mr. Jackson stated that there are
some environmental constraints on new development. Single family subdivisions east of the freeway
along 272nd and on and near Military Road, are developed on typical suburban lots sizes of 6,000-
10,000 square feet. There is an existing Circle 'K' and an office development at the comer of
Military Road and South 272nd Street.
Mr. Jackson stated that the Planning Department earlier held an open house at the Westhill Fire
Station and about 35 residents attended. He explained that the major concerns that came up at the
#.4Z-97-I/RCPA-97-I DEL MAR ANNEXATION ZONING 2
Land Use and Planning Board Minutes
September 22, 1997
Page 3
open house were: public safety, traffic impacts (I-5, Pacific Highway, Military Road, and 272nd),
and preserving single family neighborhoods.
Mr. Jackson next outlined Zoning Alternative 1. He explained that Alternative 1 applies the most
applicable City zoning designation to the previous County designation. The residential land is
designated either SR-4.5 or SR-6. The existing fourplexes along 27th Place South are designated
Medium Density Multifamily(MRM). A series of apartment complexes(Appian Way,Cottonwood,
and Cedarwood) and a mobile home park were designated as R-48 (up to 48 units per acre) in King
County, and are designated High Density Multifamily (MRH) on Alternative 1.
Two vacant areas along Pacific Highway were designated as R-12 in King County. They have been
recommended for Duplex Multifamily (MRD) which would allow a single family home or a duplex
on a lot. MRD does not allow attached homes more than a duplex.
The two existing multifamily projects along 272nd(Huntington Woods and The Village Apartments)
were zoned R-24 in the county and are recommended for MRM in Alternative 1.
The existing commercial development at the comer of Military Road and 272nd is recommended
for Neighborhood Convenience Commercial (NCC) and the adjacent office development is shown
as office. These lots were designated Neighborhood Business and Office in the County.
Mr. Jackson summarized Zoning Alternative 2. He explained that Alternative 2 tries to match the
existing land uses at the densities that they are developed. Mr. Jackson explained that one of the
main differences between Alternative 1 and 2 is that SR-6 zoning would expand to include all the
single family areas east of I-5. He explained that this reflects both the existing lot sizes, some of
which would not be conforming with an SR-4.5 designation, and adjacent neighborhoods which are
currently zoned SR-6.
Mr. Jackson explained that the area at 272nd and Military Road was recommended for NCC and
Office, as it was in Alternative 1. He received a letter from the owner of the office zoned property
requesting an office designation for an adjacent property to the north.
The existing multifamily developments are recommended for MRM. Mr. Jackson explained that the
properties are developed at a density which is approximately the same as MRM. This would be
zoning to what is on the ground, but would not allow additional density.
Alternative 2 recommends a General Commercial (GC) designation for the vacant parcels that were
zoned R-12 in the County as well as extending the GC zoning to end of the lots that front on Pacific
Highway South. The existing mobile home park would be given a Mobile Home Park (MHP)
designation. The existing multifamily development near 259th which includes the Royal Skies
P.U.D. is recommended for MILM. Based on the existing development, this would not allow for
more development but it would make the development conforming to Kent zoning densities. The
9AZ--97-1/BCPA-97-1 DEL.WAR ANNEX4TIO.N ZOMNG
Land Use and Planning Board Minutes
September 22, 1997
Page 4
density of two lots was used to develop the Royal Skies apartments, however, all the development
was done on only one lot. The second lot was established as permanent open space. The lot has
been recommended for a SR-1 designation to reflect this.
The recommended land use designations correlate with the recommended zoning designations.
Mr. Jackson presented the Comprehensive Plan land use map alternatives. Land Use Plan Map
Alternative 1 matches the recommended zoning for Zoning Alternative 1. He explained that the
areas designated as SR-4.5 and SR-6 in the zoning map are recommended for SF-6 .on the
Comprehensive Plan land use map and the area designated as SR-1 in Zoning Alternative 2 is
recommended for SF-1 for the land use map. The areas designated as GC,NCC and Office are given
a Commercial land use designation. The areas zoned as MRM or MRH are given a Medium Density
Multifamily designation, and the areas zoned as MRD area given a Low Density Multifamily
designation. The area zoned MHP in Alternative 2 would be given an MHP land use designation
in Land Use Plan Map Alternative 2.
Mr.Jackson explained that staff is recommending that the Land Use and Planning Board recommend
to the Council to amend the Land Use Element of the Comprehensive Plan by amending the land use
map to reflect Land Use Plan Map Alternative 2 and amend the City's zoning map to reflect Zoning
Alternative 2.
Board member Ron Harmon questioned the area that was designated R-4 in the County that the staff
propose for SR-6. Mr. Jackson explained that the City's SR-4.5 zoning designation requires a
minimum lot size of 7,600 square feet. He explained that there are several existing lots that do not
meet the minimum requirement. The SR-6 designation would allow all lots to conform with
minimum lot size requirements. The area is also adjacent to existing SR-6 zoning and would
continue with single family development.
Board member Tom Brotherton questioned whether staff recommended office zoning for the parcel
north of the existing office zone on Military Road, as requested in the letter written by the property
owner. Mr. Jackson explained that when researching the property the owner listed was not the
author of the letter, therefore, staff did not recommend office zoning for the adjacent property.
Chair Steve Dowell asked for an overview of the differences between the alternatives. Mr. Jackson
explained the main differences between the two alternatives.
Board member Ron Harmon MOVED and Tom Brotherton SECONDED a motion to open the public
hearing. Motion carried. The Board members noted staff would note questions the public has
concerning issues and comment on them after the public testimony.
Don Masoero, 3317 S. 259th Place. Mr. Don Masoero commented that he was concerned with
staffs recommendation which would increase commercial development and the potential of parking
4AZ-97-1/NCPA-97-1 DEL MAR ANNE,YATION ZONING 4
Land Use and Planning Board Minutes
September 22, 1997
Page 5
lots along Pacific Highway. He voiced his concern with current traffic and discussed increased
impacts with the additional commercial zoning.
Mr. Masoero commented that he is pleased with the increased police patrols but does not support
any increase in density. He stated that the infrastructure in the area is not set up for an increase in
density. He supports Alternative 1.
Alex Klouzal, 20910 Third Avenue South, Des Moines, WA 98198. Mr. Alex Klouzal
commented that he has owned property in this area for 40 years. He stated that there are some
environmental constraints that limit the development possibilities. He asked the Board to consider
a multifamily designation for his property.
Kevin Ruoff, 24517 129th Place SE. Mr. Kevin Ruoff stated that he supports the staff
recommendation.
Mel Kleveno, 601 S. 227th 4307N, Des Moines, WA 98198. Mr. Mel Kleveno stated that
represents property owners in the Del Mar area annexation. He commented that there is
environmental impacts in the area and only half or one-third of the area is developable. He stated
that it is not economical to develop the area single family. He asked the Board to consider a
multifamily designation of MRM for the property he represents.
Donal McKlurkin,3410 S. 272nd Street. Mr. Donald McKlurkin owns and operates a Montessori
School and requested a zoning designation that would allow this use to continue.
Nora Rainwater,P. O. Box 4542,Kent, 98032. Ms.Nora Rainwater stated she owns and manages
a fourplex. She was concerned with the requests for more multifamily. She stated that some of the
existing multifamily developments are not taken care of and she would not like to see more of the
same.
Simon Yang,25653 32nd Place South. Mr. Simon Yang stated that he has lived in this area for
seventeen years. He commented that if the area Mr. Kleveno represents is not suitable for single
family development because of the developmental concerns he mentioned,then it would be even less
suitable for multifamily. Mr. Yang questioned the vacant land east of I-5.
Alex Klauzal, 20910 Third Avenue South, Des Moines, WA 98198. Mr. Alex Klouzal
commented that the cost is too much to develop his property single family.
Don Masoero, 3317 S. 259th Place. Mr. Don Masoero stated that sewer availability does not
guarantee the capacity for new development. He is concerned with impacts from development,
especially costs,traffic and wetlands. Mr. Masoero asked the Board not to open any doors for new
multifamily development.
4AZ--97-11HCPA47.1 DELMAR ANNEVATION ZONING 5
Land Use and Planning Board Minutes
September 22, 1997
Page 6
Mr. Harmon MOVED and Brotherton SECONDED a motion to close the public hearing. Motion
carried.
Planner Matt Jackson explained that most major projects go through a State Environmental
Protection Act (SEPA) process. The SEPA process will result in either a Determination of
Nonsignificance(DNS) or development of an Environmental Impact Statement(EIS). Most, if not
all project actions which do not require an EIS receive a Mitigated Determination ofNonsignificance
(MDNS) which is issued by the City's SEPA official. An MDNS will contain a few or a series of
conditions which are intended to mitigate for the expected impacts of a proposed development.
These conditions typically deal with traffic mitigation, sewer and water service, and stormwater
systems. He explained that a statement of sewer availability is required prior to accepting an
application for development. He explained that if a certificate of sewer availability is issued, it
means there is existing capacity to serve a proposed development. Mr Jackson also explained that
the staffs recommendation would allow a lower overall density that could develop under the
previous King County designations.
Regarding Mr. Klouzal's property, Mr. Jackson explained that his property was identified with
environmental concerns in the County. The County had zoned this property R-4 and the staff
recommended zoning is SR-4.5. He explained that the property will probably be more difficult to-
develop because of the environmental constraints,however a single family designation is consistent
with previous zoning.
Mr..Kleveno's group of properties are encumbered by wetlands as well. Mr. Jackson explained that
it can be difficult to develop an area when there are environmental constraints. He commented that
because of the sensitive areas, a lower density should be considered. Mr. Jackson stated that there
would be a significant amount of money invested to develop this area as single family residential,
but staff would not recommend a change in its recommendation.
Mr. Jackson explained that schools are an allowed use in all residential zones through a Conditional
Use permit. He explained that anything legally established in King County would become legal in
the City upon annexation, regardless of new City zoning. He commented that a Conditional Use
permit would be required if an expansion or addition was desired.
The staff recommendation does not recommend any new multifamily development and Mr. Jackson
explained that the City could not enforce specific maintenance requirements for property owners.
Mr. Jackson explained that the vacant land along I-5 is owned by the state. He stated that the state
owns this land for the possibility of new lanes or additional exits if necessary.
Board member Tom Brotherton questioned if the area east of I-5 was mostly undeveloped.
Mr. Jackson explained that the area is largely built out.
4AZ-97-!/#CPA-97-1 DEL MAR ANNEIWION ZONING 6
Land Use and Planning Board Minutes
September 22, 1997
Page 7
for commercial developments does not have to be located in the rear of buildings, .but landscape
requirement do provide screening.
Harmon commended the staff and Mr. Jackson for his excellent work on this project. Mr. Harmon
stated that the tour of the area was a real eye opener. He supports staff recommended Zoning
Alternative 2 with the addition of an office designation for the property located north of the existing
office zone as requested by the property owner. Mr. Harmon questioned what the existing use was
on the property. Mr. Jackson explained that there is a single family home currently on the lot.
Mr. Harris commented that the property owner did come to the open house requesting an office
designation because of the need for additional parking.
Board member Sharon Woodford stated that she supports Mr. Harmon's recommendation. She
stated that she lives in the area and the office could use additional parking.
Vice Chair Brad Bell commented that the Board should not make a recommendation to rezone this
parcel until it is determined whether the person making the request is indeed the property owner.
- Mr. Jackson stated that staff would investigate the ownership issue further.
Mr. Brotherton said he supports staffs recommendation with the office zone addition. He
commented that there is not a great difference between the SR-4.5 and SR-6 so he supports Zoning
Alternative 2.
Ms. Woodford stated that she agrees with Mr. Brotherton. She commented that it was unfortunate
for the property owners who wanted multifamily but would not recommend more multifamily in the
area.
Vice Chair Bell commented that a single family designation may not make economic sense for
Klouzal but without more information he supports the staff recommendation with the additional
office designation.
Board member Jerry Daman commented that staff did a good job. He supports Zoning and Land Use
Alternatives 2 with the office change.
The Board MOVED to recommend the adoption of the proposed Alternative 2 for both the zoning
map and the Comprehensive Plan land use map with the expansion of the office designation to
include one parcel north of the existing office designation. Motion carried.
Chair Dowell stated that this item will be heard by the City Council on October 7 and November 18
at public hearings. -
4AZ--97-11#CPA-97-1 DEL.WAR.INNE.GITIONZONING
Land Use and Planning Board Minutes
September 22, 1997
Page 8
Mr. Harmon MOVED and Brotherton SECONDED a motion to adjourn. Motion carried. The
meeting adjourned at 9:25 p.m.
Respectfully Submitted,
r
James . Harris
Sec tary
P:IPBMTG9.22
4AZ-97-11#CPA-97-1 DEL MAR ANNEVATION ZONING
.............. .
CONSENT CALENDAR
3 . City CounCil Action:
i
Councilmember LZI., moves, Councilmember uz
seconds that Consent Calendar Items A through O be approved.
Discussion
Action
3A. Approval of Minutes.
Approval of the minutes of the workshop of August 19, 1997, and
the regular Council meeting of September 16, 1997 .
3B. Approval of Bills.
Approval of payment of the bills received through September 15
and paid on September 15, 1997 , after auditing by the
Operations Committee on September 22 , 1997.
Approval of checks issued for vouchers:
Date Check Numbers Amount
8/29/97 189262-189529 $ 731,457 .29
9/15/97 186530-189897 1, 617 ,718 .79
$2, 349, 176. 08
Approval of checks issued for payroll for August 16 through
August 31 and paid on September 5, 1997, with additional checks
issued for September 1 through September 15 and paid on
September 19, 1997:
Date Check Numbers Amount
9/5/97 Checks 222200-222531 $ 250,943 . 07
9/5/97 Advices 49341-49842 655,938. 92
$ 906, 881.99
9/19/97 Checks 222532-222846 $ 255, 716.79
9/19/97 Advices 49843-50339 705 ,776.75
$ 961,493 . 54
Council Agenda
Item No. 3 A-B
Kent, Washington
August 19, 1997
A workshop on the 1998 Budget and Capital Improvement Plan was
called to order at 5: 45 p.m. Councilmembers present: Bennett,
Clark, Epperly, Houser, Johnson and Orr.
Finance Director Miller distributed a handout regarding the
operating budget, and explained the document. She discussed the
sources of revenue, expenditures, property tax allocations,
sales tax distribution, and so forth. She explained the changes
and unknowns which must be taken into account, and noted that the
City has a strong fund balance. She stated that there will be
another workshop on the budget, as well as another public
hearing.
Miller and Operations Director McFall answered questions from the
Council regarding human services allocations, teen and youth
programs, overtime expenses, recycling, and the number of full
time employees.
Miller then distributed copies of the 1998-2003 Capital
Improvement Plan and explained that each year new facilities,
vehicles, parks and so forth are added. She went through the
document, explaining revenues, expenditures, debt service, etc.
Miller noted that Planning will hold a public hearing on the
Capital Improvement Plan, and that it will be discussed at the
workshop on October 21.
Public Works Director Wickstrom and McFall answered questions
regarding fiber optics and undergrounding from Clark, who
recommended that a budget for hookups be included with other
costs. Clark discussed grade separations, and Bennett suggested
setting $500, 000 each year for them. Clark agreed with Bennett
and noted that access routes must be acquired.
After Miller invited Councilmembers to contact her with any
questions or ideas, the meeting adjourned at 6: 45 p.m.
Brenda Jacobe , CMC
City Clerk
„M Kent, Washington
September 16, 1997
Regular meeting of the Kent City Council was called to order at
7:00 p.m. by Mayor White. Present: Councilmembers Clark,
Epperly, Houser, Johnson, Orr and Woods, City Attorney Lubovich,
Fire Chief Angelo, Police Chief Crawford, Parks Director Hodgson,
and Employee Services Director Viseth. Councilmember Bennett was
excused from the meeting. Approximately 100 people were at the
meeting.
The flag salute was led by Cub Scout Pack 504, Al Rubeck, Leader.
PUBLIC Regional Justice Center Report. Art Wallenstein
COMMUNICATIONS Director of the King County Division of Adult
Detention, explained that the County has worked
closely with the City for three years on this
facility, and that they have become a part of
Kent. He noted that there was recently an escape
and apologized to the Mayor, Council, citizens
of Kent, and others they have worked closely
with. He said there will be a public meeting at
8: 00 p.m. tomorrow where Ron Sims will discuss a
report relating to the nature of the escape and
the remedial projects to ensure that it never
happens again.
Wallenstein noted for Clark that the Kent
Police Department was notified within seconds
of verification that two people had escaped.
Upon Orr's question, he said it would have been
inappropriate to tell the Police Department of
the escape before they did a count. He said
that details of the escape will be discussed at
tomorrow' s meeting. He said they will consult
with the Police Department as to safety improve-
ments, and emphasized that collaboration between
the County and the City has been exemplary.
Wallenstein agreed to report back to Council
when security measures are in place.
Constitution Week. Mayor White read a pro-
clamation noting that this year is the two
hundred tenth anniversary of the signing of
the Constitution. He declared the week of
September 17-23 , 1997, as Constitution Week in
the City of Kent, and encouraged all citizens to
reflect on the many benefits of the Federal
Constitution and the privileges and responsi-
bilities of American citizenship. He presented
the proclamation to Peggy Eisaman of the
Daughters of the American Revolution, who
expressed appreciation for the interest and help
from the City.
1
Kent City Council Minutes September 16, 1997
PUBLIC National Payro-111-w—gaLL The Mayor read a pro-
COMMUNICATIONS clamation declaring the week of September 15-19,
1997, as National Payroll Week in the City of
Kent and encouraging all citizens to appreciate
all the procedures involved in preparation of
payroll checks. He noted that payroll profes-
sionals act as an important and valuable link
between employer and employee, and presented the
proclamation to Holly Enfield of the City' s
Payroll Department.
CONSENT HOUSER MOVED that Consent Calendar Items A
CALENDAR through T be approved, with the exception of
Item 3H, which was removed by Councilmember
Clark. Woods seconded and the motion carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
,Approval of Minutes. APPROVAL of the minutes of
the regular Council meeting of September 2, 1997.
PUBLIC WORKS (OTHER BUSINESS - ITEM 4A)
Puget sound Energy Conversion Agreement As a
requirement of the Lakes Development, South 228th
Street is being improved. This improvement
includes converting PSE's overhead facility to
underground, which required execution of an
agreement with PSE. The developer, Polygon, has
paid all costs. 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.
The Public Works Director recommends that the
Mayor be authorized to sign the Conversion
Agreement with Puget Sound Energy, as amended,
and that a budget be established for same.
CLARK MOVED that the Mayor be authorized to sign
the Puget Sound Energy Conversion Agreement and
establish a budget for same. Woods seconded and
the motion carried.
SEWERS (CONSENT CALENDAR - ITEM 3F)
Charge in Lieu of Assessment 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.
2
Kent City Council Minutes September 16, 1997
SEWERS 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 it. However, in
one area properties are now draining into a
different system, thereby not benefitting from
the sewer upsizing.
PARKING (CONSENT CALENDAR - ITEM 3R)
3rd Avenue Traffic Restrictions and Loading Zone.
ESTABLISH a loading zone on the east side of
Third Avenue between Saar Street and Titus Street
fronting the school complex auditorium, establish
school zone signs and appropriate locations in
the vicinity of Third Avenue and Saar Street, and
post the intersection of Third Avenue and Saar
Street as a four-way stop; and ADOPTION of
Ordinance No 3363 amending the City's Parking
Code to set forth the Traffic Engineer's
authority to establish loading and passenger
loading zones in the City, as recommended by the
Public Works Committee.
TRAFFIC CONTROL (CONSENT CALENDAR - ITEM 3H)
(REMOVED BY COUNCILMEMBER CLARK)
_Downtown Traffic Patterns Task Force. The Public
Works Committee has recommended that staff create
a task force for the purpose of studying downtown
traffic patterns and reporting back to the
Committee by the second meeting of March, 1998.
Clark expressed concern about the Regional
Transit Center and its potential impact on
traffic in downtown Kent. He noted that
Administration has since received a request from
the Regional Transit Authority to also initiate a
study of the downtown traffic patterns as caused
by the Regional Transit Center. Mayor White
explained that the City is working with the RTA
on this. Clark agreed that it should be a joint
effort and MOVED to make the Traffic Study Task
Force the same group as the group requested by
the RTA. Woods seconded and the motion carried.
(BIDS - ITEM 5A)
Central Avenue South 6 Pioneer Street Traffic
Signal System. The bid opening for this project
was held on September llth 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 .
3
Kent City Council Minutes September 16, 1997
TRAFFIC CONTROL 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.
CLARK MOVED 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. Houser seconded and the
motion carried.
(BIDS - ITEM 5B)
interurban Trail sicnals. The bid opening for
this project was held on September lath 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.
CLARK MOVED that the Interurban Trail Signals
contract be awarded to Prime Electric, Inc. for
the bid amount of $73 , 936. 00. Orr seconded and
the motion carried.
REGIONAL (OTHER BUSINESS - ITEM 4D)
TRANSIT (ADDED BY COUNCILMEMBER ORR)
AUTHORITY Regional Transit Authority. Orr stated that
because of a 1994 letter sent by the Mayor
suggesting the north site as the recommended site
for the RTA station, and the results of the
City's recent Strategic Action Plan consultants
recommending the north site, that the Regional
Transit Authority was now looking only at the
north site as part of their study and review.
She noted that there is a considerable amount of
interest in the south site, and MOVED to have a
letter drafted which would be signed by Council
President Houser and Planning Committee Chair Orr
4
Kent City Council Minutes September 16, 1997
REGIONAL to the Regional Transit Authority requesting
TRANSIT formally that they look at both the north and the
AUTHORITY south sites in their review, so that there is a
clear picture of which would be the better of the
two sites from their prospective. Woods seconded
and the motion carried.
PUBLIC SAFETY (CONSENT CALENDAR - ITEM 3I)
Freight Trains Warning Signs. AUTHORIZATION for
staff to explore the possibility of developing an
advanced warning system of freight train traffic
passing thru Kent, as recommended by the Public
Works Committee.
BICYCLES (CONSENT CALENDAR - ITEM 3G)
Downtown Free Bicycle Zone. 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, as
recommended by the Public Works Committee. This
item has been presented to the Bicycle Advisory
Board, who concurred.
COMMUNITY (PUBLIC HEARINGS - ITEM 2A)
DEVELOPMENT 1998 Community D ��'^^'"��� nio�ls grant Program.
BLOCK GRANT 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 Planning Committee.
Carolyn Sundvall, Block Grant Coordinator for the
City of Kent, explained the Block Grant program
and outlined the proposed 1998 program and pro-
jects which have been recommended for funding as
follows:
city of Kent
1998 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM
Total Estimated Capital Funds: $383,932
Total Estimated Planning 6 Administration
Funds: $ 67,455
Total Estimated Public (Human) Service
Funds: $ 72.579
Total cORG Funds: $523,966
Capital Applications Recommended
w City of Kent Home Repair Program $236,943
5
Kent City Council Minutes September 16, 1997
COMMUNITY City of Kent Parks & Recreation: 60,000
DEVELOPMENT Turnkey Park, ADA
BLOCK GRANT 'City of Kent Parks & Recreation: 38,000
Russell Road Park, ADA 18,989
Easter Seals: Rental Access Modification
King Co Housing Authority: 30,000
Shelcore Emergency Housing Rehab
Total Capital $383,932
public (Human) Service Applications Recommend
Community Health Centers: Primary Medical $ 18,877
Community Health Centers: $ 5,087
Natural Medicine Clinic
Elderhealth Northwest, Connection Adult $ 5,595
Day Care $ 10,822
Emergency Feeding Program 32,198
YWCA: Domestic Violence Housing $
Total Public (Human) Services $ 72,579
Planning & Administration $ 67,455
TOTAL CD80 PONDS $523,966
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 esti-
mate then that increase will be carried over into
1999 funding. If Kent' s 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.
Mayor White opened the public hearing. Linda
Rasmussen, Regional Director for the South King
County YWCA, 1333 W. Morton, Kent, thanked the
Council for considering their request for human
6
Kent City Council Minutes September 16, 1997
COMMUNITY services support. Jennifer Thunev, Elderhealth
DEVELOPMENT Connection, thanked the Council for considering
BLOCK GRANT their request for funding. Arthur Lee, Executive
Director of the Emergency Feeding Program,
expressed appreciation for the City's continued
funding and ,support. There were no comments and
HOUSER MOVED to close the public hearing. Orr
seconded and the motion carried.
ORR MOVED to adopt the 1998 CDBG Program,
including the contingency plans for estimated
entitlement changes, as recommended by the
Planning Committee. Woods seconded. Orr thanked
the staff, Human Services Commission and agencies
who participate and provide services. Her motion
then carried.
ANNEXATION (PUBLIC HEARINGS - ITEM 2B)
ZONING Meridian Valley Annexation Zoning and Area
Comprehensive Plan Amendments - AZ-97-1 and
CPA-97-1. 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. This 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.
Matt Jackson of the Planning Department explained
that when this area was annexed to the City, it
was assigned an interim zoning of SR 2, which
allows for single family development on about two
units per acre. He noted that staff presented
the Land Use and Planning Board with two zoning
alternatives and two land use plan alternatives,
and that considerable public comment was
received.
Jackson noted that two pieces of additional
correspondence were received, one from Gerald
Dulz requesting MRG for his property and one from
Barghausen Consulting Engineers representing Bill
Ruth and Jack Guinn who request MRG zoning for
their property. HOUSER MOVED to make the corres-
pondence a part of the public record. Woods
seconded and the motion carried. Later in the
meeting, ORR MOVED that a letter from the Haggard
Law Office be made a part of the record. Johnson
seconded and the motion carried.
7
Kent City Council Minutes September 16, 1997
ANNEXATION Jackson displayed a map showing the proposed
ZONING zoning and noted that the majority of the
annexation is recommended for SR 4. 5, single
family residential with about 4.53 units per acre
density. He noted that this includes both the
Meridian Valley Country Club, the subdivisions
abutting it on all sides, and an area extending
south of 240th. He explained that most of this
property was zoned R4 in the County, which is a
density of four units per acre, and is the
closest match with the City's. Jackson said that
there is an area which was zoned for approxi-
mately one unit per acre in the County that is
also shown on the map as SR 4.5, and a small area
which was changed from a lower single family to a
little higher density single family, and the
Board felt that there was no significant dif-
ference between the properties located in those
two areas and the properties that they are
located next to with proposed zoning of SR 4 . 51
noting that they felt it should be consistent.
He said the area with the lowest density is a
large lot located in the southeast corner of the
annexation and an area in the northeast side of
the annexation which are encumbered by steep
slopes, and that the Board recommended SR 1
zoning for them, allowing for single family
residential one unit per acre.
Jackson noted that there is commercial develop-
ment at the intersection of 132nd Avenue S.E. and
S.E. 240th Street, and that the Board recommends
keeping Community Commercial there. It was zoned
Neighborhood Business by the County, and Jackson
noted that the one difference is that the Board
recommends extension of the commercial zoning to
include four parcels south along 132nd Avenue
S.E. which was formerly multi-family (R 18) in
the County and extend it to a lot which is being
used as a day care which also had multi family
zoning in the County, and a lot which surrounds
the existing BP gas station which had an R 48
designation which is shown in the alternative as
Commercial.
He noted that Wandering Creek Apartments and
several parcels south and east of it are
recommended for MRD which is duplex multi-family.
He said it is about 10 units per acre density and
that it allows for a single family house on a
8
Kent City Council Minutes September 16, 1997
ANNEXATION minimum lot of 5, 700 sq. ft. or a duplex on a lot
ZONING of 8,500 sq. ft. He said that an existing
apartment complex is proposed for MRM zoning,
multi-family at 23 units per acre, which is built
at 23 per acre. He noted that there are two
parcels shown with an SR 1 recommendation, one of
which is owned by King County and will be used as
a detention facility. He pointed out the Puget
Sound Energy substation which has no development
potential. He said that the area which sur-
rounds it, Mr. Dulz 's property, and another area
is recommended for SR 8 which is a good transi-
tion from the higher intensity development around
the commercial node. He said the general theme
is to maintain a density which is urban in nature
but provides for more opportunities for single
family housing.
Jackson explained that land use is the long range
vision, and that it allows for some opportunities
for rezones. He displayed a map and pointed out
the area designations and recommendations.
Dennis Hogan, 24307 129th Avenue in Chancellor
Crest, said the people in the neighborhood
request that the areas held by Finkbeiner
Development and an adjacent area be held to SR 6.
He said their feelings are focused on services,
revenues to the City, schools and quality of
life. He said the higher the density, the lower
the revenues per person in the higher density
areas. He also requested that the Council
consider using a portion of the property for a
neighborhood park, and noted that there are no
safe streets in the area.
Mayor White noted that the public hearing is
open.
Polly Mackey, 12859 S.E. 240th, said their
property was zoned for apartments when it was in
the county, but that the recommended zoning has
lowered the value of the property. She requested
that their property be rezoned back to MRG which
is what is was when it was part of the county.
Frank Wiemes, 13426 S.E. 240th, said his property
was zoned R 12 with duplexes, and that it has
been down zoned to R 8. He asked the Council to
review this and split the difference and zone his
property MRD or MRG. Jim Olive, 24331 129th
S.E. , Chancellor Crest, urged the Council to
9
Kent City Council Minutes September 16, 1997
ANNEXATION consider SR 6 zoning and to consider another
ZONING street entering the location. He stated that
children in Kent schools are transferred from one
to another because they are full, and said more
parks are needed. Mayor White noted for Olive
that the City is looking into lighting the fields
at Kent Commons to increase usage.
Upon a question from Fred Villaf or, 24323 129th
Avenue S.E. , Chancellors Crest, it was clarified
that the detention facility mentioned earlier is
for storm water. Scott Hytrek, 24224 129th
Avenue S.E. , voiced concern about densities,
traffic, schools, property values, and storm
drainage, and suggested that density be limited
to SR 6. He also spoke in favor of a neighbor-
hood park. Mike Levv, Attorney, 9403 44th Avenue
SW, Seattle, representing William Finkbiener,
said that Finkbiener is purchasing the Mackey
property and owns other property in the area, all
of which were multi-family. He said the recom-
mendation is to lower the densities, and that he
believes the Planning Board has made an error.
He said both the Meridian Valley and Chancellor
Crest communities seem to be opposed to multi-
family, and wondered why. He said if there is
any multi-family, the access would be through
240th and not through Chancellor Crest. He said
reducing the zoning to duplex is an error, as
duplexes are not built or sold today. He pointed
out that the Soos Creek Community Plan was passed
by the County in 1991 with public input, and that
in 1994-95 after public input the Comp Plan was
adopted. He said that the City, s Planning staff
recommended the area, with the exception of the
Mackey property, for multi-family MRG, and that
the Potential Annexation Area also recommended
MRG. He urged the Council to return the zoning
to MRG.
Gary Clusserath, a resident of Chancellor Crest,
noted that he had lived in an apartment in the
area and that crimes occurred there regularly.
He asked the Council to take that into considera-
tion. Tudor Gherle, 12815 S.E. 240th, Chancellor
Crest, requested that he be allowed to make an
entrance on 241st, as he is considering subdivid-
ing the lot and building a new house. He noted
that he would be short approximately 1000 sq. ft.
Rick Bowles, 24034 129th Court S.E. , Chancellor
10
Kent City Council Minutes September 16, 1997
ANNEXATION Crest, agreed with most of his neighbors in
ZONING regard to keeping development down and building a
park. Dee Swenson, 24111 135th Avenue S.E. ,
Meridian Valley, spoke in opposition to apart-
ments in the area and said the zoning should be
R 6 or SR 4, and asked for a transition area.
Will Kelly, 24332 129th Avenue S.E. , Chancellor
Crest, asked that the zoning be SR 6. He noted
that nice people live in apartments, but that
apartments affect schools, crime rate, the
neighborhood and the city. Jody Charlton, 24103
135th Avenue S.E. , Meridian Valley, was opposed
to apartments, stating that they will lower
property values, increase her concern for safety,
increase drainage and flooding, and increase
traffic. She urged the Council to keep single
family zoning.
Martin Durkan Jr. , 22401 Sweeney Road, Maple
Valley, representing the Finkbiener Company,
noted that currently the City of Kent is
approximately 53% multi-family and 42% residen-
tial. He said the area being discussed tonight
is 72.5% residential and 27.5% multi-family. He
said that Kent' s Comprehensive Plan wants to
ensure an equitable distribution of housing
throughout the community and region, and wants to
promote a wide range of housing to meet the needs
of the diverse population and insure this housing
is available throughout the community for people
of all income levels and special needs. He said
that a decision was made to zone this property
multi family to serve as a buffer to the commer-
cial development. He said that substantial funds
were put into drainage in the area and substan-
tial infrastructure is being built there now,
based on the proposed densities that were on the
land. He opined that multi family should go in
the area, noting that bus lines and infrastruc-
ture are there. He suggested working out a
compromise.
Bill Ruth, 12410 S.E. 248th, owner of properties
north of the shopping center on the east side of
132nd, said that he and his partner believed they
could develop the property into a multi family
project with a density of R 18 . He said the
Planning Board' s recommendation is that it be
down zoned to R 8 , which dictates a narrow lot.
He noted that there are wetlands and a creek, and
11
Kent City Council Minutes September 16, 1997
ANNEXATION proposed to develop the property consistent with
ZONING the 1995 Comp Plan. He said the zoning should be
MRG and that they would limit the density to 48
units. He provided copies 0: a letter from Joel
Haggard offering to meet with staff to go over
the details.
Susan Olive, 24331 129th Avenue S.E. I. Chancellor
Crest, said she would like zoning of SR 6, and
was opposed to apartments being built in the
area. Bud Hebeler, 24600 140th Avenue S.E. ,
Meridian Valley, said that the communities in the
area were unhappy that the County had ignored
their comments, and noted that they were required
to invest large sums to improve the Meridian
Valley tributary. He said that most people are
opposed to higher density housing. Holly
Cochran, 12808 S.E. 243 St. , said it is exciting
to have a voice in this, and urged the Council to
keep the property behind theirs zoned for single
family. June Moody, 12824 S.E. 243 , Chancellor
Crest, voiced concern about traffic, the safety
of children, school population, and parks, and
asked for R 6-zoning. Pelly Chinn, 12834 S.E.
243, Chancellor Crest, reiterated the concerns of
his neighbors in regard to SR 6 zoning and the
need for another park.
Ethel Marshall, 24324 129th Avenue, Chancellor
Crest, spoke against apartments due to crime and
lower property values. She voiced concern about
school capacity and boundaries. Wayne Thurinaer,
858 1st Avenue North, said that apartments often
change ownership, construction is not always
adequate; maintenance is not always done, and
that there are no warranties longer than a year.
He said he would like to see a standard imposed
ensuring that a developer who makes an investment
in this community is obligated longer than one
year. Dave Scholzen, 24216 129th Avenue S.E. ,
noted that he is concerned about property values
regarding the Finkbiener property, the Mackey
property, and a third development along 132nd.
He said he would rather have a buffer of homes
and trees than a buffer of apartments and
condominiums. He said that he would like SR 6
zoning, that 132nd and 240th are packed during
rush hour and that apartments would make it
worse, that development will increase flooding
12
w- Kent City Council Minutes September 16, 1997
ANNEXATION problems, and that a park is needed. Dave
ZONING Lindgren, 12800 S.E. 241st, Chancellor Crest,
said he is concerned with crime and requested
zoning of R 6.
Fred Laverina, 24430 140th Avenue S.E. ,
Meridian Valley, agreed with the comments made by
Chancellor Crest residents, and pointed out that
there has 'only been one speaker who lives in the
area in favor of higher density. He said that
all of the property which would be given higher
density drains into a creek and that flooding
will result. Michelle Gross, 12841 S.E. 242nd
Court, Chancellor Crest, said she would like
single family zoning and noted that there has
been crime in the area involving an apartment
complex nearby. She said that Finkbiener had
promoted single family homes, but is now talking
about apartments. Dan Deaver, 24114 129th
Avenue, Chancellor Crest, said their neighborhood
is unique and that higher density housing behind
them would destroy it. He urged that the zoning
be SR 6.
Fred Anderson, 13462 S.E. 242 St. , Meridian
Valley, noted that there are many apartments in
the area, that additional high density housing
would affect flooding, that there is a negative
impact on schools, and that the issue is quality
of life. Michael D. Atley, 24121 135th Avenue
S.E. , Meridian Valley, agreed that flooding would
be affected by multi family housing, and that
multi family would change the feeling of security
that presently exists. Mark Deno, 24310 129th
Avenue S.E. , Chancellor Crest, said his main
concern is the safety of children and noted that
traffic in the area is dangerous. He also noted
that many of the people in attendance tonight
were active in annexation efforts because they
would have better representation by the City of
Kent. He asked that the quality of education be
upheld and that the zoning be SR 6. George
Burmeister, 13915 S.E. 241 St. , disagreed that
duplexes are not a good investment and disagreed
with the percentage of apartments in Kent quoted
by Mr. Durkan. He said it is true that apart-
ments comprise 27 . 5% of this area, but that in
the greater area there are many more apartments,
and that there already is diverse housing in the
area and he would not want to see it increased.
13
Kent City Council Minutes September 16, 1997
ANNEXATION He also said that the Planning Commission has
ZONING made a compromise when they zoned R 8 and that it
should be 4 .5 or 6.
Mike Lew, said that the place for apartments is
near commercial areas, so that seniors can walk
to the stores. He said that apartment builders
and owners want to maintain a high quality
complex in order to maintain property values and
rents. He said that if. the area is single
family, traffic will come through Chancellor
Crest, and if it is multi family it will enter
from 240th and not be connected to Chancellor
Crest. He said there must be places for people
who work in Kent and cannot afford a $250, 000
house.
Dennis Hoaan, said that residents are not against
anyone who lives in apartments, and that their
concerns are with crowded schools. He said that
at a ratio of renters to home owners, it takes
ten to eleven apartments to equal the tax contri-
bution of one single family home, but that all
residents get the same level and quality of
services, resulting in a 10 times ratio of what a
single family home owner has to pay compared to
what an apartment dweller pays. He said any more
high density apartments or developments in that
area would dilute the services, the quality of
service and the revenue that the city has coming
to it. He agreed that Kent already exceeds
diversity requirements, and infrastructure would
be overloaded. Ken Hartwiason, 12813 S.E. 241st,
Chancellor Crest, said he is concerned about
safety, noting that cars have been stolen and
broken into numerous times. He said he supports
SR 6 and feels a park would help the children.
John Monteaarv, 24029 129th Court S.E. , shared
the concerns of the neighbors and urged the
Council to limit the density. Fred Anderson said
there is already high density housing around the
commercial area.
There were no further comments and HOUSER MOVED
to close the public hearing. Epperly seconded
and the motion carried.
Mayor White reminded the audience that a second
hearing is scheduled for October 21, 1997, at
which time new and additional information will be
taken.
14
Kent City Council Minutes September 16, 1997
ANNEXATION (CONSENT CALENDAR - ITEM 3S)
ZONING Del Mar Annexation Zoning (AZ-97-2) and Area
Comprehensive Plan Amendments (CPA-97-2) . 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.
ZONING CODE (CONSENT CALENDAR - ITEM 3C)
AMENDMENT • District Regulations Zoninc Code Amendment wv
#ZCA-97-2 . ADOPTION of Ordinance No. 3361
related to the CM-1 District Regulations Zoning
Code Amendment which the City Council approved on
September 21 1997.
PLATS (OTHER BUSINESS - ITEM 4B)
(ADDED BY COUNCILMEMBER ORR)
Bayberry Crest Plat. Orr explained that at the
last Council meeting, some alterations were made
to the Bayberry Crest development, and after that
meeting staff determined that additional condi-
tions would result in a smoother process. She
noted that it will change the configuration of
the plat somewhat and will allow the addition of
one or two lots. She said the changes and con-
ditions which are no longer necessary were
discussed by the Planning Committee today. SHE
MOVED to approve the proposed plat modifications
prepared to conform with the Bayberry Crest plat
as approved by the Council at its last regular
meeting to include the creation of up to 48 lots
and to include the following modifications
relating to the elimination of the extension of
129th Avenue S.E. :
1. Delete Conditions (B) (4) , (B) (5) , and
(B) (6) (g) (ii) in their entirety;
2 . Modify Condition (B) (6) (g) (i) as follows:
(a) Delete the following language:
and shall include an off site transition
to match the current pavement widths
along 129th Avenue S.E. to the south of
the subdivision
15
Kent City Council Minutes September 16, 1997
PLATS (b) Add the following language to the end of
the condition:
The improvements shall also include a ten
(10) foot wide paved walkway, within a
dedicated tract, with fencing on both
sides and night time illumination, link-
ing the internal plat street to South
East 258th Street within the Rainier View
Estates plat.
and upon review of this approval, staff may make
minor administrative modifications to implement
these changes. Woods seconded.
Clark clarified that this creates a number of
lots that will front on 258th, facing away from
the traffic flow from the street. Orr pointed
out that it is only two more lots than originally,
planned. She also noted that if Planning finds
anything extremely out of the ordinary they will
bring it to the next Council meeting for final
approval, but if they are satisfied upon review,
the developer can proceed.
The City Attorney explained that the developer
will improve 258th, and the plat layout is
similar to that displayed at the last Council
meeting, that removal of the road created two
lots, and that the conditions which are being
removed no longer apply. Orr' s motion then
carried. ORR THEN MOVED that the copy of the
plat be made a part of the record. Woods
seconded and the motion carried.
HUMAN SERVICES (CONSENT CALENDAR - ITEM 3E)
Two-Year Funding Cycle. APPROVAL of a two-year
funding cycle for Human Services beginning in
1999, as recommended by the City Council Planning
Committee.
COUNCIL (CONSENT CALENDAR - ITEM 3T)
(ADDED BY COUNCIL PRESIDENT HOUSER)
Council Absence. APPROVAL of an excused absence
from tonight's meeting for Councilmember Bennett,
who is unable to attend.
16
Kent City Council Minutes September 16, 1997
COUNCIL candidate Profiles. Orr said she has been asked
whether the City will be doing candidate profiles
on cable TV. She said it is too late to do this
year, but that it should be considered for the
future. She said she has also received inquiries
as to whether any candidates forums such as
School Board', Council or Mayor's race would be
televised, and asked Council to think about
whether that would be appropriate. Mayor White
said that one of them should be televised and
that since the Chamber was the first to ask, and
was the only one who asked until two days ago, it
is proposed that theirs be televised. He
explained that the intent is to keep the channel
from being political as much as possible.
After the executive session, CLARK MOVED to
direct Administration to create an electronic
voters pamphlet for play on the City channel,
which would feature all eligible elected Kent
City candidates as of the September 16 primary in
a five minute presentation which would be broken
into a one minute biography and four minutes to
respond to three questions on City issues as
agreed to by the Council President and the Mayor.
The motion died for lack of a second.
POLICE (OTHER BUSINESS - ITEM 4C)
(ADDED BY COUNCILMEMBER ORR)
Warrant Checks. City Attorney Lubovich explained
that the State Supreme Court recently made a
decision which created concern about the ability
of municipal police to make warrant checks
stopping individuals on infractions. He noted
that this was discussed at the Public Safety
Committee meeting, and that an emergency ordi-
nance has been drafted. He read the operative
language from the ordinance as follows: "Law
enforcement officers are authorized to search for
outstanding warrants upon making a stop, or upon
making contact with a person, for a traffic
infraction or non-traffic infraction. This
provision shall be in addition to, and subject
to, all current and future federal or state
legislative enactments affecting the same. " He
explained that a supermajority vote is required,
and that the ordinance would be effective immedi-
ately. HOUSER MOVED to adopt Ordinance No. 3364 .
Johnson seconded and the motion carried
unanimously.
17
Kent City Council Minutes September 16, 1997
POLICE Burglaries. Councilmember Epperly said that
she was recently informed that fifteen local
businesses were burglarized one night and asked
for an update. Houser said that Councilmembers
should have been notified by fax right away, so
that they are aware. Mayor White stated that a
report will be faxed to Councilmembers.
PARKS & (CONSENT -CALENDAR - ITEM 3J)
RECREATION Discovery Trust ds - Specialized Recreation.
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.
(CONSENT CALENDAR - ITEM 3K)
Puget Sound Urban Resources - Youth/Teen Program.
ACCEPT and amend the Youth/Teen budget for the
$1o, 50o.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.
(CONSENT CALENDAR - ITEM 3L)
Xing County Landmarks 8 Heritage Grant - Bereiter
Roue Restoration. 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.
(CONSENT CALENDAR - ITEM 3M)
CDBG Flood Relief Funds for Springwood Park
Trail. ACCEPT and establish a budget entitled
Springwood Park Trail Flood Damage Repair Project
for the $37, 966 Community Development Block
18
-- Kent City Council Minutes September 16, 1997
PARKS & Grant, and authorize the Mayor to sign the grant
RECREATION 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.
(CONSENT CALENDAR - ITEM 3N)
Fee In Lieu Funds Kiwanis Tot Lot #4. 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
(CONSENT CALENDAR - ITEM 30)
Clark Lake Wetland Mitigation Agreement. 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 imple-
ment 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.
(CONSENT CALENDAR - ITEM 3P)
East Hill Park Expansion Funding. 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
19
Kent City Council Minutes September 16, 1997
PARKS & The City of Kent has been awarded an IAC grant in
RECREATION 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.
(CONSENT CALENDAR - ITEM 3Q)
Fast Hill Expansion Project. 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, 0001 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.
FINANCE (CONSENT CALENDAR - ITEM 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 21 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.
(CONSENT CALENDAR - ITEM 3D)
Gambling Tax Code Amendment. ADOPTION of
Ordinance No. 3362 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 ordi-
nance also includes changes and provisions to
20
Kent City Council Minutes September 16, 1997
FINANCE bring the Kent City Code up-to-date with current
gaming technology and facilitate collection of
gambling taxes and enforcement of these pro-
visions.
REPORTS Council President. Houser reminded everyone of
the Open House to be held at City Hall from noon
to 3 : 00 on September 20th. She also noted that
there will be a report from King County regard-
ing the Regional Justice Center security on
September 17 at 8 : 00 p.m.
Public Works. Clark noted that the Committee
meeting of September 17th has been cancelled and
that the next meeting will be held on the first
Wednesday in October.
Planning Committee. Orr noted that the next
Committee meeting will be held on October 21 at
4 : 00 p.m.
EXECUTIVE At 9 :25 p.m. , Lubovich noted that there will be
SESSION an executive session of approximately 15 minutes
regarding pending litigation.
ADJOURNMENT The meeting reconvened and adjourned at 9:35 p.m.
Brenda Jdob , CMC
City Cle
21
..............
Kent City Council Meeting
Date October 7 . 1997
Category Consent Calendar
1. SUBJECT: COUNCIL WORKSHOP ON 1998 BUDGET - SET DATE
2 . SUMMARY STATEMENT: Set October 21, 1997, at 5: 30 p.m. as
the date and time for the Council Workshop on the 1998 Budget.
3 . EXHIBITS: 1998 Preliminary Budget will be distributed at the
meeting of October 21
4 . RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3C
Kent City Council Meeting
Date October 7 , 1997
Category Consent Calendar
1. SUBJECT: S. 238TH ST. STREET VACATION FUNDS - DISTRIBUTION
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, should Council approve the S. 238th Street
Vacation at the October 7th public hearing, authorization to
deposit any monies received as compensation for said street
vacation into the School Pedestrian Walkway Fund (R36) .
3 . EXHIBITS: Public Works Committee minutes and 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 X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL .ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3D
PUBLIC WORKS COMMITTEE
October 1, 1997
PRESENT: Tim Clark Tom Brubaker
Connie Epperly
Don Wickstrom
ABSENT: Judy Woods
S. 238th Street Vacation - Funds
Wickstrom noted that at the next Council meeting (10/7) there is a public hearing
scheduled on the S. 238th Street Vacation. One of the conditions that we are
recommending is that we be compensated for the right-of-way being vacated. He
explained that the money is typically receipted into the Street Operation Budget; we are
requesting that the money be deposited into the Pedestrian Capital Improvement fund
for sidewalks around Schools.
Committee unanimously recommended, should Council approve the vacation of S.
238th Street, that any monies received for the value of the right-of-way shall be
deposited into the School Pedestrian Walkway Fund (R36).
Speed Limits - Resolution
Wickstrom explained that this Resolution cleans up an old Resolution and also addresses
some newly annexation areas within the City relating to speed limits. Clark asked if we
have any.coordination with Icing County in terms of speed limits on shared roads for
example, 124th Ave SE. Wickstrom explained that 124th is actually in the City limits
to approximately 282nd. We establish the speed limit on the City's section. He said
that we would try and work with the County on an agreeable speed limit; however, they
have their criteria which may not coincide with ours.
Committee unanimously recommended authorization to adopt substitute Resolution #
repealing Resolution #1406 establishing speed limits on certain designated City
streets.
Discussion: Clark stated that he would like to see an investigation of a coordination
effort with King County on the speed limit along 124th Avenue SE. He noted that the
speed limit on that street is 35mph. Given that it is one of the few main roads we have
- which gives access out to Highway 18, he feels that this may not be appropriate.
Wickstrom noted that staff will look into that.
1
DEPARTMENT OF PUBLIC WORKS
October 1, 1997
TO: Public Works Committee
FROM: Don Wickstror
�&
RE: S. 238th Street Vacation
A Public Hearing on the vacation of S. 238th Street is scheduled for the October 7th
Council meeting. If Council approves same, subject to staffs recommendations, the
petitioner will compensate the City for the value of the right-of-way. Normally said
monies would go into the Street Operating Budget as revenue. We are requesting
that said monies be deposited instead, into the School Pedestrian Walkway Fund
(R36).
ACTION: Authorize that should Council approve the vacation of S. 238th Street
any monies received for the value of the right-of-way shall be deposited
into the School Pedestrian Walkwav Fund (R36).
M226.97
.. ..........
Kent City Council Meeting
Date October 7 . 1997
Category Consent Calendar
1. SUBJECT: SPEED LIMIT REVISIONS ON DESIGNATED STREETS -
RESOLUTION
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, adoption of Resolution No. l� repealing
Resolution No. 1406, and establishing speed limits revisions
on certain designated streets.
3 . EXHIBITS: Public Works Committee minutes and Public Works
Director memorandum
4 . RECOMMENDED BY: Publc Works Committee (telephone concurrence
from Judy Woods) -
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3E
PUBLIC WORKS COMMITTEE
October 1, 1997
PRESENT: Tim Clark Tom Brubaker
Connie Epperly
Don Wickstrom
ABSENT: Judy Woods
S 238th Street Vacation - Funds
Wickstrom noted that at the next Council meeting (10/7) there is a public hearing
scheduled on the S. 238th Street Vacation. One of the conditions that we are
recommending is that we be compensated for the right-of-way being vacated. He
explained that the money is typically receipted into the Street Operation Budget; we are
requesting that the money be deposited into the Pedestrian Capital Improvement fund'
for sidewalks around Schools.
Committee unanimously recommended, should Council approve the vacation of S.
238th Street, that any monies received for the value of the right-of-way shall be
deposited into the School Pedestrian Walkway Fund (R36).
Speed Limits - Resolution
Wickstrom explained that this Resolution cleans up an old Resolution and also addresses
some newly annexation areas within the City relating to speed limits. Clark asked if we
have any coordination with King County in terms of speed limits on shared roads for
example, 124th Ave SE. Wickstrom explained that 124th is actually in the City limits
to approximately 282nd. We establish the speed limit on the City's section. He said
that we would try and work with the County on an agreeable speed limit; however, they
have their criteria which may not coincide with ours.
Committee unanimously recommended authorization to adopt substitute Resolution #
repealing Resolution #1406 establishing speed limits on certain designated City
streets.
Discussion: Clark stated that he would like to see an investigation of a coordination
effort with King County on the speed limit along 124th Avenue SE. He noted that the
speed limit on that street is 35mph. Given that it is one of the few main roads we have
which gives access out to Highway 18, he feels that this may not be appropriate.
Wicicstrom noted that staff will look into that.
I
DEPARTMENT OF PUBLIC WORKS
October 1, 1997
TO: Public Works Committee
FROM:. Don Wickstromb
RE: Speed Limit - Resolution
Resolution #1406 relating to Speed Limits on certain designated streets within the
City has been adopted by Citv Council. The attached Resolution repeals Resolution
#1406 with amendments as noted therein.
ACTION: Recommend authorization to adopt Resolution # , repealing
Resolution #1406 establishing speed limits on certain designated
streets.
M227.97
RESOLUTION NO.
A RESOLUTION of the City Council
of the City of Kent, Washington, relating to
vehicular speed limits on certain designated
streets, as posted by official traffic control
devices, pursuant to Chapter 9.40 of the Kent
City Code.
WHEREAS,the Kent Traffic Code, Section 9.36.010,adopts by reference the
Model Traffic Ordinance set forth in Washington Administrative Code in Chapter 308-330
WAC (Ordinance 3170); and
WHEREAS, provisions of the Model Traffic Ordinance, Washington
Administrative Code Section 308-330-270 and RCW 46.61.415. set forth the procedure for
the local authority to determine and declare the speed limits on city arterials, streets and other
rights of way, after an engineering and traffic investigation by the traffic engineer; and
WHEREAS, pursuant to the Model Traffic Ordinance. Chapter 9.40 of the
Kent City Code was adopted to provide that the City may establish speed limits on certain
designated streets by resolution.
WHEREAS, a list of the speed limits on certain designated streets in the City
has been properly made and adopted by Resolution No. 1406, and
1
WHEREAS, the City Council desires to update and amend the list of speed
limits set forth in Resolution No. 1406; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1: The speed limits and provisions of Resolution No. 1406 are
hereby re-adopted with amendments as noted in this resolution to read as follows:
Increasing or Decreasing Speed Limits on Certain Streets, Highways or other
Rights-of-Way
It is determined, on the basis of an engineering and traffic investigation, that the
speed permitted by state law upon the following streets or portion thereof is less than, or in
some cases, more than that necessary for safe operation of vehicles, either because of(1) the
designation and sign posting of these streets as arterial highways; (2)the existence of widely
spaced intersections; or (3) the increased traffic on these streets as disclosed by traffic
studies. It is hereby declared that the speed limits on such streets shall be as hereinafter set
forth on the streets or portions of same listed, at all times, unless otherwise specified, after
official traffic control devices have been posted to give notice thereof; provided, that in no
case shall the speed limit on City streets exceed fifty-five (55) miles per hour.
Name of street or portions affected Speed limit
1 Pacific Highway South (SR 99) from a p_:_ 45 mph
setttk-e€the intersection of South 2�2nd 272nd Street
to the intersection of Kent-Des Moines Road
2 30th Avenue South from the intersection of South 35 mph
240th Street to the intersection of Kent-Des Moines
Road (SR 516)
3 Military Road from the intersection of S. 229th Street 35 mph
to the intersection of S. 250th Street
Name of street or portions affected Speed limit
4 Military Road from the intersection of S. 250th Street 40 mph
to the intersection of S. 26 th 242nd Street
5 Reith Road from the intersection of Kent-Des Moines -35 mph
Road to the intersection of Nfiiiteay ReadSR99
(Pacific Hwv. S.)
6 Lake Fenwick Road from the intersection of Reith 35 mph
Road to the intersection of S. 264th Street
7 Lake Fenwick Road southbound from the intersection 35 mph
of S. 264th Street to Section Line 27-22-4
8 ?•l�35 mph
the interseetiart of Meeker tr S S 272nd Street from
the intersection of SR99 (Pacific Hwy. S.) to the
intersection of Lake Fenwick Road
9 Russell Road from the itftrsee4en-ef Meeker Street-it) 25 Mph
of S. ,n Street
4•9 9 South 196th Street from the intersection of West 35 mph
Valley Highway (68th Ave. S.) to a point 4215 feet
west(Russell Road)of the intersection of West Valley
Highway
10 64th Avenue S from the end of the street to the 3 5
intersection of S 212th Street
11 West Valley Highway from the intersection of S. 50 mph
180th Street to the intersection of Morton Street (S.
238th Street)
12 West Valley Highway from the intersection of Morton 35 mph
Street (S. 238th Street) to the intersection of SR
516
13 West Valley Highway from the intersection of SR 516 40 mph
to a point 180 feet north of the intersection of S.
262nd Street
14 West Valley Highway from a point 180 feet north of 50 mph
S. 262nd Street to the intersection of S. 272nd St.
Name of street or portions affected Speed limit
15 84th Avenue S. from the intersection of S. 180 Street 40 mph
to the intersection of SR 167 the northbound off-ramp
of SR 167
16 Central Avenue from the intersection of the 35 mph
northbound off-ramp of SR 167 to the intersection of
James Street
17 Central Avenue from the intersection of James Street 30 mph
to the intersection of Willis Street
18 Central Avenue from the intersection of Willis Street 40 m
to the Green River BridFe
4-9 19 Frontage Road from the intersection of Willis Street to 35 mph
the intersection of S. 259th Street
+)20 Frontage Road from the intersection of S. 262nd Street 35 mph
to the intersection of S. 277th Street
2$21 N. Fourth Avenue from the intersection of S. 228th 34 40 mph
Street to
Glendy Street the SR 167 overpass
2}22 N. Fourth Avenue from 30 mph
interseetion of _. .,ree. SR 167 overpass to the
intersection of Willis Street
�23 80th Place S. from 80th Avenue S. to the intersection 35 mph
of 84th Avenue S. (190th Street)
24 80th Avenue S. from the intersection of S. 180th 35 mph
Street to the intersection of S. 196th Street
23 25 92nd Avenue S. from the intersection of S. 208th 35 mph
Street to S. 200th St.
-2-4 26 104th Avenue S.E. from a point 100 feet north of the 35 mph
intersection of S.E. 236th Street to the intersection of
S.E. 272nd Street
?3 27 Kent-Des Moines Road (SR 516) eastbound from a 35 mph
point 50 feet west of 27th Avenue S. to the
intersection of 30th Avenues.
4
Name of street or portions affected Speed limit
?fi 28 Meeker Street frerm it Igaint 686 feet from west edge af 44 30 mph
Green River Bridge the intersection of Kent
DesMoines Road (SR516) to
Aventte) the intersection of Lincoln Avenue
429 30 mph
Lincoln
Avenue from the intersection of Meeker Street to the
intersection of Smith Street
-14 30 Smith Street(SR 516) from the intersection of Lincoln 30 mph
Avenue to the intersection of Hazel Ave.
344 31 Canyon Drive(SR 516)from the intersection of Hazel 40 mph
Avenue to the intersection of 100th Ave. S.E.
4+32 S.E. 256th Street from the intersection of 100th 35 mph
Avenue S.E. to the intersection of 116th 148th Ave.
S.E.
3-2 35 Kent-Kangley Road (SR 516) from the intersection of 35 mph
S.E. 256th Street to the intersection of 116th Avenue
S.E.
34 34 Gowe Street from a point 100 feet west of the 25 mph
intersection of Sixth Avenue N. to the intersection of
State Avenue
34 35 Willis Street from the intersection of N. Fourth 30 mph
Avenue to the intersection of S. Central Avenue
4S 36 97th Place S. from the intersection of Canyon Drive to 30 mph
the intersection of Crow Street
36 37 S.E. 264th Street from the intersection of I00th Place 35 mph
S.E. to the intersection of 108th Avenue S.E.
5
Name of street or portions affected Speed limit
4438 S. 228th Street from the intersection of R t"e44iaad 35 mph
54th Avenue S. to the intersection of West Valley
Highway (68th Avenue S.)
-3-939 S. 228th Street from the intersection of West Valley 40 mph
Highway (68th Avenue S.) to the intersection of 84th
Avenue S.
,19 40 S. 212th Street west city limits to the east city limits 40 mph
49 41 S. 208th Street from the intersection of 84th Avenue 35 mph
S. to the intersection of S.E.208th Street
Kent
rnph
42 116th Avenue S.E. from the intersection of S.E. 227th 35 mph
Street to the intersection of Kent-Kangley Road (SR
516)
43 S.E. 248th Street from the intersection of 94th Avenue 35 mph
S. to the intersection of 116th 132nd Avenue S.E.
44 Reiten Road from Titus Street to Maple Street 30 mph
45 Maple Street from Reiten Road to Tilden Avenue 30 mph
46 Woodland Way S. from Tilden Avenue to the 30 mph
intersection of S.E. 267th Street
47 S.E. 267th Street from the intersection of Woodland 30 mph
Way to the intersection of 104th Avenue S.E.
48 S.E. a StIeet from the interseetion 4 i94th mph
A-veme S.E. to the interseetion of 198th Avenue S.E.
4448 77th Avenue S. from the intersection of S. 212th 35 mph
Street to the end of the road
58 49 James Street/S E 240th Street from the intersection of 35 mph
Russell Road to the intersection of 1164t 144th
Avenue S.E.
5+ 50 76th Avenue S. from the intersection of S. 228th 35 mph
Street to the intersection of S. 212th Street
6
Name of street or portions affected Speed limit
-54 5 11 S. 190th Street from the intersection of West Valley 35 mph
Highway (68th Avenue S.) to the intersection of S.
196th Street
64 52 S. 194th Street from the intersection of 66th Avenue 35 mph
S. to the intersection of Russell Road
-54 53 70th/72nd Avenue S. from the intersection of S. 228th 35 mph
Street to the intersection of S. 180th Street
�54 S. 216th Street from the intersection of 64th Avenue 35 mph
S. to the intersection of 72nd Avenue S.
§6 55 S. 218th Street from the intersection of 88th Avenue 25 mph
S. to the intersection of 98th Avenue S.
-54 56 S. 220th Street from the intersection of West Valley 35 mph
Highway (68th Avenue S.)to the intersection of 72nd
Avenue S.
64 57 80th Avenue S. from the south right-of-way line of S. 35 mph
180th Street to the intersection of S. 196th Street
-54 58 S.E. 264th Street from the intersection of Crow Road 35 mph
to the intersection of 108th Avenue S.E.
6459 S.E. 260th Street from the intersection of 97th Place S. 35 mph
to the intersection of 108th Avenue S.E.
6+60 101st Avenue S.E. from the intersection of S.E. 256th 30 mph
Street to the intersection of S.E. 260th St.
62-61 Crow Road from the intersection of S.E. 260th Street 35 mph
to the intersection of S.E. 264th Street
6462 S.E. 260th Street from the intersection of 97th Place S. 30 mph
to the intersection of 108th Avenue S.E.
64 S.E. 22o t Street c -25 f"Ph
..--the
...d_,.� street
L GAyentte S. .-.
7
66§10 108th Avenue S.E. from the intersection of Kent- 35 mph
Kangley Road to 660 feet south of S.E. 279th
Street
64 Kent Ka_nyJey Road(SR 516)(S.E. 272nd Street) from 45 moh
the intersection of 116th Avenue S.E. to the
intersection of SR 18
65 114th Avenue S.E- from the intersection of Kent 35 mph
KKnglev Road to the intersection of S.E. 267th Place
66 114th Avenue S.E.. southbound from the intersection �25 mj2h
of S E 267th Place to the intersection of S.E. 274th
Street
C77 120 h Avenue S.F. from the intersection of S.E. 240th 35 mph
Street to the intersection of S.E. 248th Street
§� 124th Avenue S.E. from the intersection of S.E. 248th 35 moh
Street to the intersection of S.E. 288th Street
69 132nd Avenue S.E. from the intersection of S.E. 236th 3 5 rnj2h
Place to the intersection of S.E. 288th Street
70 144th Avenue S.E. from the intersection of Kent 35 moh
Kanggv Road (SR 516) to the intersection of S.E.
288th Street
71 152nd Avenue S.E. from the intersection of Kent 35 mj2h
Kanglev Road to the intersection of S.E. 282nd Place
SECTION2. The City Traffic Engineer shall take whatever steps are
necessary to comply with all statutory directives regarding approval of the state of these
speed limits, posting of official traffic control devices and the regulation of timing of traffic
signals,as set forth in the Model Traffic Ordinance, adopted by reference pursuant to Section
9.36.010 of the Kent City Code, more specifically, Section 308-330-270 of the Washington
Administrative Code, RC W 46.61.415, and all other applicable sections of the Model Traffic
Ordinance.
.SECTION 3. Resolution No. 1406 is hereby repealed.
SECTION 4. This Resolution shall take effect and be in force immediately
upon its passage as provided by law.
8
w Passed at a regular meeting of the City Council of the City of Kent.
Washington this day of , 1997.
Concurred in by the Mayor of the City of Kent. this day of
, 1997.
JIM WHITE, MAYOR
ATTEST:
BRENDA JA 'OBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent. Washington, the day of
, 1997.
(SEAL)
BRENDA IACOBER, CITY CLERK
P:U.A VAOILDINANMSPEEDLIM.RES
9
.. PUBLIC WORKS COMMITTEE
October 1, 1997
PRESENT: Tim Clark Tom Brubaker
Connie Epperly
Don Wickstrom
ABSENT: Judy Woods
S 238th Street Vacation - Funds
Wickstrom noted that at the next Council meeting (10/7) there is a public hearing
scheduled on the S. 238th Street Vacation. One of the conditions that we are
recommending is that we be compensated for the right-of-way being vacated. He
explained that the money is typically receipted into the Street Operation Budget; we are
requesting that the money be deposited into the Pedestrian Capital Improvement fund
for sidewalks around Schools.
Committee unanimously recommended, should Council approve the vacation of S.
238th Street, that any monies received for the value of the right-of-way shall be
deposited into the School Pedestrian Walkway Fund (R36).
Speed Limits - Resolution
Wickstrom explained that this Resolution cleans up an old Resolution and also addresses
some newly annexation areas within the City relating to speed limits. Clark asked if we
have any coordination with King County in terms of speed limits on shared roads for
example, 124th Ave SE. Wickstrom explained that 124th is actually in the City limits
to approximately 282nd. We establish the speed limit on the City's section. He said
that we would try and work with the County on an agreeable speed limit; however, they
have their criteria which may not coincide with ours.
Committee unanimously recommended authorization to adopt substitute Resolution #
repealing Resolution #1406 establishing speed limits on certain designated City
streets.
Discussion: Clark stated that he would like to see an investigation of a coordination
effort with King County on the speed limit along 124th Avenue SE. He noted that the
speed limit on that street is 35mph. Given that it is one of the few main roads we have
which gives access out to Highway 18, he feels that this may not be appropriate.
Wickstrom noted that staff will look into that.
I
RIA
Clark asked about a Task Force to review traffic patterns in downtown Kent and asked
if there have been appointments made to that Committee. Wickstrom said no and
added that this will take some time.
Meeting adjourned: 4:00 p.m.
2
Kent City Council Meeting
Date October 7 . 1997
Category Consent Calendar
1. SUBJECT: COMPREHENSIVE PLAN AMENDMENTS, DECLARATION
OF EMERGENCY (MERIDIAN VALLEY AND DEL MAR
ANNEXATIONS) - RESOLUTION
2 . SUMMARY STATEMENT: Adoption of Resolution No. M
declaring an emergency in order to make amendments .to the
Comprehensive Plan other than once a year, due to the Meridian
Valley and Del Mar annexations.
3 . EXHIBITS: Resolution and Planning Committee minutes of 9/16/97
4 . RECOMMENDED BY: Planning Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3F
CITY OF Mwr JS
Jim White, Mayor
Planning Department (206) 859-3390/FAX(206)850-2544
James P.Harris, Planning Director
CITY COUNCIL
PLANNING COMMITTEE MINUTES
September 16. 1997
Planning Committee Members Present: City Attorney's Office:
Leona Orr, Chair Roger Lubovich, City Attorney
Tim Clark Laurie Evezich,Assistant City Attorney
Jon Johnson
Other Citv staff,
Planning Staff: Gary Gill, City Engineer
Fred Satterstrom, Planning Manager Ed White, Transp Eng Supervisor
Kevin O'Neill. Senior Planner
Matthews Jackson, GIS Coordinator/Planner
Linda Phillips, Planner
Margaret Porter, Administrative Assistant
Teresa Beener. Administrative Secretary
RESOLUTION FOR COMPREHENSIVE PLAN AMENDMENT - (F. Satterstrom)
Planning Manager Fred Satterstrom explained that the Growth Management Act allows for
Comprehensive Plan amendments once a year. Mr. Satterstrom explained that in order to make an
amendment to the Comprehensive Plan other than once a year. Kent must declare a state of
emergency through a Resolution. He explained that the Resolution is necessary to move forward
with the Meridian Valley and Del Mar annexation Comprehensive Plan amendments and zoning map
changes.
Committee member Jon Johnson MOVED and Tim Clark SECONDED a motion to approve the
proposed resolution. Motion carried.
BILLBOARD ISSUE - (T. Clark)
Committee member Tim Clark stated that the commuter rail will cause significant traffic delays.
He explained that the 196th corridor will become the first non-stop east-west route. Mr. Clark
explained that this overpass will become the City's only unobstructed panoramic view of the area
and he would like this to remain an unobstructed view. He asked the Committee to create a billboard
ordinance that would prohibit billboards that would obstruct this view. He commented that he would
like to prevent a problem before one occurs.
Assistant City Attorney Laurie Evezich explained that there was a relatively recent Washington
Supreme Court decision that determined the placement of billboards could be limited for reasons of
220 4th AVENUE SOUTH / KENT.WASHINGTON 9903 3-5 895,TELEPHONE t251)S59-3300
RESOLUTION NO.
A RESOLUTION of the City Council of Kent,
Washington, declaring an emergency to pursue
comprehensive plan amendments for the areas known as the
Meridian Valley and Del Mar Annexation Areas.
WHEREAS, the King County Boundary Review Board (BRB) approved the
annexation of the area known as the Meridian Valley Annexation Area on April 4, 1997, into the
City of Kent; and
WHEREAS, the King County Boundary Review Board (BRB) approved the
annexation of the area known as the Del Mar Annexation Area on May 19, 1997, into the City
of Kent; and
WHEREAS, after a public hearing, the Kent City Council voted to approve the
annexation of the Meridian Valley Annexation Area into the City of Kent, effective July 1, 1997,
on April 15, 1997; and
WHEREAS, after a public hearing, the Kent City Council voted to approve the
annexation of the Del Mar Annexation Area into the City of Kent, effective July 1, 1997, on June
3, 1997; and
WHEREAS, City Administration instructed Planning Department staff to prepare
zoning proposals for the Meridian Valley and Del Mar Annexation Areas for review by the Land
Use & Planning Board and City Council; and
WHEREAS, the Growth Management Act requires that all development regulations
be consistent with a jurisdiction's Comprehensive Plan (RCW 36.70A.120); and
WHEREAS, the Kent City Council adopted the City's Comprehensive Plan on
April 18, 1994, and the Land Use Plan Map in the Land Use Element of the plan included land
use designations for the Meridian Valley and Del Mar Annexation Areas; and
WHEREAS, it may be necessary to amend the Comprehensive Plan's Land Use
Plan Map to ensure that the zoning map amendments which are adopted for the Meridian Valley
and Del Mar Annexation Areas are consistent with the Land Use Plan Map; and
WHEREAS, the Growth Management Act and Ordinance No. 3237 authorize the
City to amend its Comprehensive Plan only once per calendar year, except in the case of an
emergency; and that an emergency is defined as "an issue of community-wide significance that
promotes the public health, safety, and general welfare"; and
WHEREAS, the City Council Planning Committee considered this issue on
September 16, 1997, and voted to recommend to the City Council that an emergency be declared
by resolution to pursue comprehensive plan amendments for the Meridian Valley and Del Mar
Annexation Areas; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. That the scope of the work required to adopt zoning map and land use
map amendments for the Meridian Valley and Del Mar Annexation Areas, combined with the
2
requirement that the zoning and land use maps be consistent with one another, require that
comprehensive plan amendments for the Meridian Valley and Del Mar Annexation Areas be
processed concurrently with the initial zoning and land use map amendments.
Section 2. That ensuring zoning and land use map amendments for the Meridian
Valley and Del Mar Annexation Areas that are consistent with one another constitutes an issue
of community-wide significance that promotes the public health, safety and general welfare in
accordance with the definition of an emergency set forth in Ordinance No. 3237.
Section 3. The City therefore declares that an emergency exists and authorizes
comprehensive plan amendments for the Meridian Valley and Del Mar Annexation Areas, said
amendments to be considered by the Land Use & Planning Board and City Council concurrently
with the initial zoning and land use map amendments for the Meridian Valley and Del Mar
Annexation Areas.
Passed at a regular meeting of the City Council of the City of Kent, Washington
this _ of , 1997.
Concurred in by the Mayor of the City of Kent. this _ day of , 1997.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No._, passed by the
City Council of the City of Kent, Washington, the day of 1997.
(SEAL)
BRENDA JACOBER, CITY CLERK
mj/p/public/mvdeIm.ms
4
Kent City Council Meeting
Date October 7 , 1997
Category Consent Calendar
1. SUBJECT: SEWER REIMBURSEMENT FROM LATECOMERS - APPROVAL AND
BUDGET CHANGE
2 . SUMMARY STATEMENT: Authorize a budget change of funds from
the sewer connection charges receipted October 24 , 1996, in the
amount of $2 ,492 . 14 to be equally split and transferred to the
Public Safety Bond expenditure accounts for both Fire and
Police.
During the construction of the East Hill Fire Station/
Headquarters/Training Center facility, a sewer project was
funded in this immediate area. The understanding was that
monies would be coming in for "latecomers" onto the sewer
system and these funds were to be split equally between Police
and Fire. These funds are being receipted in as revenue when
property owners develop their land, which happens very sporadi-
cally. Once the fees are collected as revenue, a "budget
change" is required to transfer to expenditure accounts.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Public Safety Committee (3-0) and Fire Admin.
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3G
Kent City Council Meeting
Date October 7 . 1997
Category Consent Calendar
1. SUBJECT: JAIL HEALTH SERVICES CONTRACT EXTENSION - APPROVAL
2 . SUMMARY STATEMENT: Approval of a three-year Jail Health
Services contract extension and of the four additional hours of
care per week.
Valley Medical Center Occupational Health Services provides
medical care for the inmates at the corrections facility.
As provided for in the current contract, they have requested
a three-year extension. In addition, the contract addendum
provides for four additional hours of care per week.
3 . EXHIBITS: Contract addendum and extension
4 . RECOMMENDED BY: Staff and Public Safety Committee 9/16197 (3-01
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REOUIRED: Already budgeted Addendum will require
an additional $25 000
SOURCE OF FUNDS: General Fund
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3H
. ri .•nrL I yl :Ir , I
rr.. •a.t I':n 1
May 12, 1997
Captain Charles E. Miller
City of Kent
220 Fourth Avenue South
Kent, WA 98031
Re: Valley Medical Center Occupational Health Services/(amity of Kent
Jail Health Services Contract
Dear Captain Miller:
Please consider this letter as an addendum and extension to that Contract for Services dated April 1,
1996, between the City of Kent and Valley Medical Center Occupational Health Services. We welcome
the opportunity to continue to provide services for the City of Kent. The following are updates to the
contract which will otherwise stay in full force and effect:
I. The new scheduling for RN and Physician Assistant time according to I.A.1. shall be forty (40)
hours per week for the RN and four (4) hours per week for Physician Assistant, or a combination
of staff and hours to equal forty-four (44) clinical staff hours per week, excluding holidays.
2. A list of holidays pursuant to paragraph I.A.1. shall be as attached hereto.
3. A new section should be added as I.18., as follows:
18. Subcontractors
Contractor shall bill directly any subcontractors of the City that Contractor
provides services for to such subcontractor's inmates. Such services being
limited to the following services under the Contract:
a. Over-the-counter medication
b. Prescription medication
c. Medical visits/exams and ancillary services provided at VMC's OHS clinic site.
If payment is not received by the City's subcontractor within sixty (60) days of
billing by Contractor, Contractor shall bill the City and the City shall remit full
payment within thirty (30) days of receipt of such bill. It will be the City's
„w responsibility to collect from the subcontractor.
4. The new duration of the contract in accordance with II. shall be January 1, 1998, through
December 31, 2000. Further, the date for requests for extensions and changes to the contract
Captain Charles E. Miller
May 12, 1997
Page 2
which must be provided to the Corrections Facility Administrau;r prior to contract expiration shall
be May 1 (instead of June 1).
5. The new annual fee in accordance with III.A. of the contract shall be:
$140,245 (1/l/98 - 12/31/98)
$151,466 (1/l/99 - 12/31/99)
$163,582 (1/1/2000 - 12/31/2000)
6. By way of clarification, notwithstanding the letter dated July 8, 1996, Contractor will continue to
manage Department of Social and Health Services patients as has been done to date, and by
identifying patient eligibility and billing the Department of Social and Health Services as required
by RCW 70.48.130.
Again, we greatly appreciate the opportunity to provide services to the City of Kent. If you have any
questions, please do not hesitate to call. Otherwise, please sign below indicating your acceptance of
these changes. Thank you very much.
Very truly yours,
Phillip J. Haas
Administrator
Primary & Managed Care Services
The above terms and conditions are hereby agreed to and accepted:
CITY OF KENT
Captain Charles E. Miller
PJH/cm
Attachment
c97/e97/coww a
022-497.sdd
EXIIIE31'1' B
1998 HOLIDAYS
New Years Day Thursday,January I
Memorial Day Monday,May 25
Independence Day Friday,July 3
Labor Day Monday, September 7
Thanksgiving Thursday, November 26
Friday, November 27
Christmas Eve Thursday, December 24
Christmas Day Friday, December 25
1999 HOLIDAYS
New Years Day Friday,January I
Memorial Day Monday, May 31
Independence Day Monday,July 5
Labor Day Monday, September 6
Thanksgiving Thursday, November 25
Friday, November 26
Christmas Eve Friday, December 24
Christmas Day Monday, December 27
2000 HOLIDAYS
New Years Day Friday, December 31
Memorial Day Monday, May 29
Independence Day Tuesday,July 4
Labor Day Monday, September 4
Thanksgiving Thursday, November 23
Friday, November 24
Christmas Eve Friday, December 22
Christmas Day Monday, December 25
Kent City Council Meeting
Date October 7 . 1997
Category Consent Calendar
1. SUBJECT: JAIL FOOD SERVICES CONTRACT EXTENSION - APPROVAL
2 . SUMMARY STATEMENT: Extension of the Jail Food Service
Contract through December 31, 1998, due to the excellent
service provided.
The Kent Corrections Facility contracts with Consolidated Food
Management to prepare meals for the inmates. As provided for
in Section 11. 1 of the contract, they have requested a one-year
extension.
3 . EXHIBITS: Request for extension
4 . RECOMMENDED BY: Staff and Public Safety Committee 9/16/97 (3-0)
(Committee, Staff, Examiner, Commission, etc. )
5. . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
-
Council Agenda
Item No. 3I
" Consolidated Food
Mixrt Bement, Inc.
2448-76th Avenue S. E. • Mercer Island,WA 98040• (206)232-9771
August 30, 1997 a
Al
Captain Chuck Miller
City of Kent Police Department
220 Fourth Avenue South
Kent, WA 98032
Dear Captain Miller
Pursuant to the o tion of renewal as outlined in Section 11.01 of our
Agreement with lfie�C ftj},Urient, Consolidated Food Management, Inc.
requests that our contract e�can'ttnued fora-add�onal year-
.. ... _ . �"';�`_'��w*•' �+�= a-r ..
CFM appreciates the cooperation and support that your people have given
us over the years, and sincerely hope we can continue to serve the City of
Kent for years to come.
Sincerely,
CONSOLIDATED FOOD MANAGEMENT, INC.
Ahn y, do s
Vice President
. .................
Kent City Council Meeting
Date October 7 , 1997
Category Consent Calendar
1. SUBJECT: WASHINGTON STATE CRIMINAL JUSTICE TRAINING
COMMISSION CONTRACT FOR SERVICES - APPROVAL
2 . SUMMARY STATEMENT: Approval of the contractual agreement
with the Washington State Criminal Justice Training Commission
regarding Sgt. Knapp.
The Training Commission has requested that we allow Corrections
Sergeant Sheila Knapp to be an instructor at the academy for
two years. They will reimburse the City for all wages and
benefits earned while she is at the academy. Sergeant Knapp's
position will be back-filled during her absence.
3 . EXHIBITS: Agreement
4 . RECOMMENDED BY: Staff and Public Safety Committee 9/16/97 (3-0)
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3J
OFFICE OF THE CITY ATTORNEY
interoffice
MEMORANDUM
to: Ed Crawford, Chief of Police
from: Roger Lubovich, City Attorney
re: Criminal Justice Trading Commission Agreement
date: September 29, 1997
The only comment I have regarding this agreement relates to paragraph six entitled
"Termination of Agreement. The first paragraph reads"This Agreement maybe terminated without
cause at any time by mutual agreement of the parties hereto, or by either party after sixty (60) days
following the other parties receipt of written intent to terminate."
I believe the word "or" has been put in this sentence in error. Leaving this word in the
sentence may be read to allow termination by mutual agreement or sixty days notice. This does not
appear to be the intent because the next sentence in this paragraph requires ten (10) days written
notice to terminate for breach.
To cure this defect, please strike through the word "or" and initial the change when you
submit it for signature.
If you have any questions. please contact me.
PALAMATTORNEY.SUI0GEKV"0S\P0UCF-2.1MEM
1
7+
Y
STATE OF WASHINGTON
WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION
Criminal justice Training Center • 19010 1st Avenue South • Seattle, Washington 98148 • (206) 439-3740
FAX (206) 439-3752
September 12, 1997
Ed Crawford, Chief of Police
Kent Police Department
220 4th Avenue South
Kent, WA 98032-5895
Dear Chief Crawford:
Enclosed is the revised two-year contractual agreement for Sergeant Sheila Knapp's assignment to the
Criminal Justice Training Commission. If you agree with these terns, please sign and return to me at your
earliest convenience.
If you have any questions, please contact me at(206) 439 31740, Extension 241. Thank you.
Sincerely,
Karen P. ibson, Manager
Corrections Academies
KPG:cw
Enclosure
c
cy�FF,E j�
9T,�FNT
CONTRACT NO. A03-98
Page 1
AGREEMENT
This agreement is made and entered into by and between the City of Kent, Washington,
hereinafter referred to as the "City" and the Washington State Criminal Justice Training
Commission, hereinafter referred to as the "Commission".
Whereas Sergeant Sheila Knapp is employed by the City as a Corrections Officers,, holding the
rank of Sergeant therein; and
Whereas the Commission, pursuant to RCW 43.101, is empowered to provide programs and
standards for the training of criminal justice personnel and in conjunction therewith may contract
with individuals and agencies for the purpose of training; and
Whereas, the Commission desires to contract with the City for the full-time services of Sergeant
Knapp in administering, conducting, and presenting this state's Corrections Academies program;
Now therefore, for and in consideration of the mutual promises set forth hereafter, the parties
hereto mutually agree as follows.
(1) Term
This Agreement shall commence on September 15, 1997 and terminate on
September 15, 1999, subject to any prior termination as provided herein and unless
extended by written mutual agreement of the parties hereto.
(2) Duties of City
The City shall provide the full-time services of Sergeant Knapp to the Commission for the
purpose of coordinating and conducting training in the state's Corrections Academies
program under the direction of the Program Supervisor. Such services shall include, but
not be limited to:
(a) Teaching core curriculum in the basic corrections academies;
(b) Preparing and revising curricula to be used in corrections academy training
program:
(c) Serving as a training coordinator for basic corrections training programs;
(d) Effecting a final evaluation of instructors and programs and reporting those
evaluations to the Program Supervisor
(e) Maintaining attendance and testing records as required;
(f) Serving as a liaison between the Commission and the students and instructors;
g) Monitoring student conduct and performance and bringing matters of
unsatisfactory conduct or performance to the attention of the Program Supervisor
CONTRACT NO. A03-98
Page 2
(h) Performing such further incidental duties as may be necessary for the proper
instruction, and coordination of corrections training programming, as assigned by
the Commission's Executive Director or his/her designee, and approved by her
immediate supervisor and/or the manager for corrections academies.
(3) In consideration of those services provided under this agreement, the Commission shall
reimburse to the City its full payment of salary to Sergeant Knapp, including all benefits
and all increases to said salary or benefits, during the period of Sergeant Knapp's service
to the Commission hereinunder. The Commission shall pay said reimbursement amount
upon submission by the City of a monthly invoice.
(4) Agreements Outside of This Agreement
This agreement contains the complete agreement between the parties and shall, as of the
effective date hereof, supersede all agreements, either written or oral, between the parties.
The parties agree that neither of them has made any representations with respect to the
subject matter of this agreement or any representations, including the executing and
delivery hereof, except such representations as are specifically set forth herein; and each of
the parties hereto acknowledges that it has relied on its own judgment in entering into this
agreement.
(5) Modification
No waiver or modification of this agreement or any covenants, conditions, or limitations
herein contained shall be valid unless in writing and duly executed by the parties to be
charged therewith; and no evidence of any waiver or modification shall be offered or
received in evidence of any proceeding or litigation between the parties hereto arising out
of or affecting this agreement, or their rights or obligations of the parties hereunder, unless
such waiver or modification is in writing duly executed as aforesaid; and the parties further
agree that the provisions of this section may not be waived except as herein set forth.
(6) Termination of Agreement
This agreement may be terminated without cause at any time by mutual agreement of the
parties hereto, or by either party after sixty (60) days following the other parry's receipt of
written intent to terminate.
The parties retain the right to cancel this agreement upon ten (10) days' written notice to
the other party if either parry breaches any of the provisions of this agreement.
In the event of termination under this section, the City will be entitled to receive, to the
date of such termination on a pro rata basis, the compensation as set forth in section 3,
above.
CONTRACT NO. A03-98
Page 3
(7) Employment Obligations of Parties
The City agrees to pay Sergeant Knapp the full salary and benefits, including all increases
to said salary and benefits, accruing to her as an employee of the City during the period of
her services hereinunder. Additionally, the City agrees to extend to Sergeant Knapp all
rights, privileges, and benefits attendant to and resulting from her employment by the City,
including any and all promotional opportunities otherwise available. to her. The City
further agrees that upon completion and conclusion of Sergeant Knapp service
hereinunder, and in the absence of any promotion or upgrading in classification which has
occurred during the duration of this agreement, she will be returned and reinstated to the
City at the same or equal rank or position which she held on the beginning date of this
agreement.
The Commission agrees to effect all necessary evaluation and documentation regarding
Sergeant Knapp during the period of her service hereinunder and as required by the City.
The Commission agrees that Sergeant Knapp will be allowed to attend mandatory required
annual departmental HBV/HIV training. The Commission additionally agrees to provide
to Sergeant Knapp a learning experience and professional opportunities for career
development and enrichment at no special or direct cost to the City.
(8) City Held Harmless
The Commission agrees to hold the City and Sergeant Knapp harmless from any liability
or claim of liability which may arise from acts or omissions occurring:
(a) in performance of services reasonably related to this agreement, and
(b) either at the request of or under the direction and under control of the
Commission, its agents or employees.
(9) Medical/Health and Workers' Compensation Benefits
In the event of any injury to, or the illness or death of Sergeant Knapp while acting in
performance of this agreement, the City agrees to extend to Sergeant Knapp
medical/health and workers' compensation benefits and other compensation, to the same
extent and in the same manner as if such injury, illness, or death had occurred during work
assignment in and for the City.
(10) Venue Stipulation
This agreement shall be construed as having been made and delivered with the state of
Washington, and the laws of the state of Washington shall be applicable to its construction
and enforcement. Any action at law, suit in equity, or judicial proceeding for the
enforcement of this agreement or any provision hereto shall be instituted in Thurston
County, Olympia, Washington.
(11) Assignment
CONTRACT NO. A03-98
Page 4
Each party to this agreement stipulates that the agreement is one for personal services and
accordingly neither parry hereto may assign, sublet, or transfer any interest in this
agreement.
(12) Compliance With Laws
The parties hereto agree to comply in carrying out the terms of this agreement with all
applicable federal; state, and local laws,-ordinances, and regulations, including but hot
necessarily limited to, the laws pertaining to civil rights and laws pertaining to the
Commission and the City, including merit system rules.
(13) Notices
All notices given herein shall be in writing and shall be sent by certified mail to the parties
at their recognized business addresses.
(14) Headings
The article headings contained in this agreement are inserted solely as a matter of
convenience and for reference and in no way do they define, limit, or describe the scope or
intent of the provisions of this agreement.
IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below.
WASHINGTON STATE CRIMINAL CITY OF KENT, WASHINGTON
JUSTICE TRAINING COMMISSION
Karen P. Gibson, Manager Date Ed Crawford, Cluef f Police Date
Corrections Academies Kent Police Department
copy: Luis Villanueva, Manager--Financial ServiceslCJTC
........... ..
Kent City Council Meeting
Date October 7 1997
Category Consent Calendar
1. SUBJECT: GREENFIELD PARK FINAL PLAT FSU-97-9 - APPROVAL
2 . SUMMARY STATEMENT: Approval of the Greenfield Park Final
Plat and authorization for the Mayor to sign the final plat
mylar.
The Greenfield Park preliminary subdivision was approved by
King County in September 1996. Upon the annexation of the
Del Mar area, the final plat came under Kent's jurisdiction.
This plat is 6. 65 acres, consists of 27 lots, and is located
west of 28th Avenue South and north of South 270th Street.
According to the interlocal agreement between the City of Kent
and King County, this plat has been forwarded to the City for
its approval.
3 . EXHIBITS: King County Ordinance No. 12450; King County Hearing
Examiner Report and recommendations; and final plat map of
Greenfield Park
4 . RECOMMENDED BY: King County and City of Kent Staff
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3K
CITY OF !V l L1
—V Jim White, Mayor
Planning Department (253)859-3390/FA,r(253) 850-2544
James P. Harris, Planning Director
MEMORANDUM
October 2, 1997
TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
RE: GREENFIELD PARK FINAL PLAT (4FSU-97-9) - ACCEPTANCE OF FINAL
PLAT APPLICATION IN THE DEL MAR ANNEXATION AREA
The Greenfield Park plat is a 27-lot subdivision located west of 28th Avenue S. and north of S. 270th
Street in the recently annexed Del Mar area. This plat received preliminary approval by the King
County Council in September 1996. During the past year, the developers have constructed the
necessary drainage,roadway, and utility improvements required by the County through King County
Ordinance #12450. King County staff have approved the construction of these improvements and
have signed off on the final plat rrylar. According to the interlocal agreement between the City of
Kent and King County,the final plat mylar must be approved and signed off by the City. Following
approval by the City, the final plat will be forwarded to King County for recording. (Since the
Greenfield Park plat 'bested" to King County rules and procedures, this final plat is being forwarded
directly to the Kent City Council for its approval.)
Attached herewith are the following exhibits related to the Greenfield Park final plat:
- Copy of King County Ordinance #12450 which approves the Greenfield preliminary plat
- Copy of the Report and Recommendation of the King County Hearing Examiner on the
proposed preliminary plat of Greenfield Park (41-96P0006)
- Copy of the proposed final plat map of Greenfield Park
A:IGREENFLD.FSU
cc: Fred N. Satterstrom, Planning Manager
Don Wickstrom, Public Works Director
Gary Gill, City Engineer
^n aih VA PVI E SCII'TH FI[NT.Ac UHINGTOV �xn�'- NV< T I{I.I-:PHnyt- • inn
I September 5, 1996 Introduced by Jane HaQUe
2 Ord96.2.20 SFr. 3 Proposed No. 96=F02
3 Ld✓
4 246.7�7x ii
6 12450
7
8 ORDINANCE N0.
9
10
11 AN ORDINANCE concurring with the recommendation of
12 the Hearing Examiner to approve, subject to
13 conditions (modified) , the preliminary plat of
14 GREENFIELD PARK, designated Land Use Services
15 Division File No. L96P0006.
16
17
18 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
19
20 This ordinance does hereby adopt and incorporate herein zs
21 its findings and conclusions the findings and conclusions I
22 contained in the report of the hearing examiner dated August
23 15, 1996, which was filed with the clerk of the council on
• 24 September 5, 1996, to approve, subject to conditions
25 (modified) , the preliminary plat of Greenfield Park, designated
26 land use services division file no. L96P0006, and the council
27 does hereby adopt as its action the recommendation(s) contained
28 in said report. -0t,
29 INTR UCED AND READ for the first time this day of
.� 30 _, 19
31 PASSED by a vote of =U this_eday of
32 192(2 .
33 KING COUNTY COUNCIL
34 KING COUNTY, WASHINGTON
35
36
37
38
• 39
40 Ch '
41
42
43 ATTEST:
44
45
45
47 Clerk of the Council
48
•
AV
August 15, 1996
OFFICE OF THE HEARING EXAMINER
KING COUNTY, WASHINGTON F
700 Central Building
810 Third Avenue 1
Seattle, Washington 98104
Telephone (206) 296-4660
Facsimile (206) 296-1654
REPORT AND RECOMMENDATION TO THE KING COUNTY COUNCIL.
SUBJECT: Department of Development and Environmental Services
File No. L96P0006
Proposed Ordinance No. 96-602
GREENFIELD PARK
Preliminary Plat Application
Location: West of 28th Avenue South and north of
South 270th Street
Applicant: Novastar Development
18215 - 72nd Avenue South
Kent, WA 98032
Owner: Ida May Green
2602 South 207th Street
Kent, WA 98032
SUMMARY OF RECOMMENDATIONS:
Division's Preliminary: Approve, subject to conditions
Division's Final: Approve, subject to conditions
(modified)
Examiner's: Approve, subject to conditions
(modified)
PRELIMINARY MATTERS:
Application submitted: February 22, 1996
Notice of complete application: February 22, 1996
Department Preliminary Report issued: July 30, 1996
EXAMINER PROCEEDINGS:
Hearing Opened: August 13, 1996, 9:15 a.m.
Hearing Closed: August 13, 1996, 10:50 a.m.
Participants at- the proceedings and the exhibits offered and
entered are listed in the attached minutes. A verbatim recording
of the hearing is available in the Office of the King County
Hearing Examiner.
ISSUES ADDRESSED:
► Drainage
Recreation
► Noise
Greenfield Park L96P0006 Page 2
t ltvu nGSCONCLUSIONS L RECOMMENDATION: Having reviewed the
record in this matter, the Examiner now makes and enters the
following:
FINDINGS:
1. General Information:
Owner: Ida May Green
2602 South 207th Street
Kent, WA 98032
Applicant: Novastar Development
18215 - 72nd Avenue South
Kent, WA 98032
Engineer: Barghausen Consulting Engineers
18215 - 72nd Avenue South
Kent, WA 98032
STR: NE/SW 28-22-04
Location: West of 28th Avenue South and north
of South 270th Street
Zoning: R-4-P
Acreage: 6.65 acres
Number of Lots: 27
Typical Lot Size: 3,406 to 6,141 square feet
Proposed Use: Detached single-family residences
Sewage Disposal: Midway Sewer District
Water Supply: Highline Water District
Fire District: Federal Way Fire District
School District: Federal Way School District
Date of Application: February 22, 1996
2. Novastar Development (the "Applicant") proposes to subdivide
6.65 acres into 27 single-family residential building lots.
The proposed plat density would be 4.06 dwelling units per
acre, with lot sizes ranging from 3,406 to 6,141 square
feet, except for two lots (proposed Lot Nos. 6 and 27) which
will be significantly larger. Proposed Lot No. 27 contains
the residence of the current property owner, Ida May Green.
Proposed Lot No. 6 comprises steep slopes.
3. -An Environmental Impact Statement is not required. On
June 11, 1996, the King County Department of Development and
Environmental Services (the "Department") issued its
threshold determination, in which it concluded that the
proposal would not cause probable significant adverse impact
upon the environment and that, therefore, an Environmental
Impact Statement would not be required. No person or agency
appealed that determination.
4. The Department recommends granting preliminary approval to
the proposed plat, subject to 20 conditions of final plat
approval. Nineteen of those conditions are stated on
pages 5 through 8 of the Department's Preliminary Report to
the Hearing Examiner dated "August 13, 1996 (Exhibit No. 7) .
In its final report, the Department makes these changes and
additions to that report:
a. Road improvements; Recommended Condition No. 9a.
Recommendation No. 9a addresses required improvements
to 28th Avenue South and South 270th Street. In its
amendment (see Exhibit No. 8) , the Department states
that the existing centerline radius of 90 feet at the
28th/270th intersection will remain unchanged. The
Department makes this amendment in order to prevent
Greenfield Park L96P0006 Page 3
driving speeds to increase through this residential
neighborhood.
b. Fencing_; now Recommended Condition No. 20. The
Department accepts the Applicant's voluntary offer to
provide a fence along the north boundary of proposed
Lot Nos. 1 through 5 and along that portion of the
north boundary which lies adjacent to the proposed Lot
No. 6 building pad. This proposed fence will screen
the new residences on these lots from the King County
Road Maintenance facility located immediately north.
C. Biofiltration swale sub-surface liner: new Recommended
Condition No. 8d. In response to the westerly
neighbor's concern regarding surface/groundwater
seepage from the proposed Tract D biofiltration swale,
the Applicant voluntarily offers to provide a sub-
surface liner for the biofiltration swale. The
Department accepts this offer.
Finally, the Department amends Section E, "Agencies
Contacted", on page 2 of its Report, in order to indicate
that the City of Federal Way to responded to notice of the
proposed plat on June 26, 1996. The City indicated that it
had "no comments".
5. The Applicant accepts the Department's recommendation as
described in Finding No. 4, above.
6. Hearing testimony brought forward the following concerns:
a. Drainage. Stanley Tauscher, owner of the westerly
abutting property, expressed concern regarding
potential drainage discharges across his property. In
response to that concern, the Applicant and the
Department agreed to the additional condition indicated
in Finding No. 4.c. , above. In addition, drainage
flows will be captured and directed northward, not
westward. In response to this design feature, the King
County Department of Transportation expresses concern
that the drainage discharges from the subject property
might mix with County "process water" within the Road
Maintenance facility. The Department and the Applicant
indicate that the drainage water will be directed in
such a manner as to avoid on-site "industrial" waters.
These features will assure that neither the westerly
Tauscher property nor the northerly KCDOT property will
be adversely affected by drainage discharge.
b. Noise. KCDOT indicates that noise from its operation
might interfere with the residential tranquility of
proposed Lot Nos. 1 through 6. KCDOT would prefer not
to be subject to complaints from future lot owners.
The Applicant indicates the north property line will
probably be vegetated in the long term. In addition,
the Applicant proposes to build a six-foot board fence
to screen views of the KCDOT property. See Finding No.
4.b, above.
The Department observes that the entire neighborhood is
noise impacted. This neighborhood lies within a
Seattle-Tacoma International Airport flight path and
adjacent to Interstate 5. In addition, the subject
property is° located near a Metro Park and Ride
facility. See Exhibit No. 3. Both the Department and
the Applicant are aware of these considerations, in
addition to the KCDOT facility on the north boundary.
It is the Applicant's intention to direct this project
Greenfield Park L96P0006 Page 4
toward the small starter home market at the low end of
the housing cost range. Although it is generally a
noisy neighborhood, this is the type of neighborhood
which is available to serve that low-end market. In
other neighborhoods, land costs are too high.
In response to noise concerns raised by the westerly
abutting property owner (Tauscher) , the Department
observes that the recreational facilities to be
provided will be 50 to 100 feet from the lot boundary.
The biofiltration swale is not proposed as a
recreational facility.
7. Except as noted above, the facts and analysis contained in
the Land Use Services Division Preliminary Report dated
August 13, 1996 are correct and are incorporated here by
reference. A copy of the Land Use Services Division report
will be attached to those copies of the examiner's report
which are submitted to the King County Council.
8. Any portion of any of the following conclusions which may be
construed as a finding is incorporated here by reference.
CONCLUSIONS:
1. Based upon the whole record, and according substantial
weight to the determination of environmental significance
made by the Environmental Division, it is concluded that
approval of this subdivision as recommended below would not
constitute a major action significantly affecting the
quality of the environment. All evidence of environmental
impact relating to the proposed action and reasonable
alternatives to the proposed action have been included in
the review and consideration of this action.
2. If approved subject to the conditions recommended below, the
proposed subdivision will comply with the goals and
objectives of the Comprehensive Plan, Subdivision and Zoning
Codes, and other official land use controls and policies of
King County.
3. If approved subject to the conditions recommended below,
this proposed subdivision will make appropriate provision
for the public health, safety and general welfare and for
drainage ways, streets, other public ways, water supply, and
sanitary wastes; and it will serve the public use and
interest.
4. The conditions recommended in the Land Use Services
Division's Preliminary Report as amended below are in the
public interest and are reasonable requirements.
RECOMMENDATION:
GRANT PRELIMINARY APPROVAi, to the proposed plat of GREENFIELD
PARK, DDES File No. L96P0006, subject to the 19 conditions of
final plat approval contained on pages 5 through 8 of the
Department of Development and Environmental Services Preliminary
Report to the King County Hearing Examiner dated August 13, 1996
(Exhibit No. 7) , SUBJECT to the following changes and additions:
A. Recommended Condition No. 9a. AMEND to read as follows:
The west half of 28th Avenue South and the north half of
South 270th Street shall be improved to Urban Neighborhood
Collector standards for the full frontage of the proposed
Greenfield Park L96P0006 Page 5
plat. Improvements will include a widening to provide a
16-foot pavement width measured from the centerline with
vertical curb and sidewalk. Grade will be compatible with
the existing street at this location. The applicant's
engineering plans shall address the requirements of
KCRSa4 01F re arding street widening of existing roads.
� 4 radiuB GLQ�� �
sera' venue south's �i� BiC�et
wilt I �ididERM� .fib, +�
B. New Condition No. 20. ADD a new Condition No. 20 which
reads as follows:
The applicant shall install a six-foot-tall view obscuring
fence along the north boundaries of proposed Lot Nos. 1
through 5 and along a sufficient portion of the north
boundary of Lot No. 6 to screen the building pad from
viewing King County Department of Transportation operations
conducted on the northerly abutting Tax Lot No. 203. The
precise location, design, and materials of the fence may be
determined by the applicant. However, the Department must
approve the fence as to durability and longevity.
C. New Condition No. 8d. ADD a new Condition No. 8d which will
read as follows:
A sub-surface liner shall be installed beneath the
biofiltration swale in order to prohibit westerly sub-
surface water migration.
RECOMMENDED this 15th day of August, 1996.
inow
R. S. Titus, Deplity
King County Hearing Examiner
TRANSMITTED this 15th day of August, 1996, to the following
parties and interested persons:
Tom Barghausen Hal Grubb
Barghausen Consulting Barghaussen Engineers
Engineers 18215 - 72nd Avenue South
18215 - 72nd Avenue South Kent, WA 98032
Kent, WA 98032
Peter Neill
Dana and Karen Clausen 8227 NE 125th Court
7860 NE 124th Street Kirkland, WA 98034
Kirkland, WA 98034
G. Wayne Potter
Kenneth and Judith Dearden Novastar Development, Inc.
8050 NE 124th Street 18215 - 72nd Avenue S
Kirkland, WA 98034 Kent, WA 98032
Clintun Glow :,oiin L. Scott Land Dept.
26826 - 28th Avenue SW 3380 - 146th P1. SE, Suite 450
Kent, WA 98032 Bellevue, WA 98007-6472
Ida May Green Stanley Tauscher
2602 S 270th Street 4264 E. Possession Road
Kent, WA 98032 Clinton, WA 98236-9410
Bill Grover
8112 NE 125th Street
Kirkland, WA 98034
Greenfield Park L96P0006 Page 6
Jon Cassidy, -KC Dept: of Transportation/Road Maintenance Section
Marilyn Cox, DDES/Land Use Services Division
Gary Kohler, DDES/Land Use Services Division
Tom Koney, Metropolitan King County Council
Gary Kriedt, KC Dept. of Transportation/Transit Division
Richard Lowe, DDES/Land Use Services Division
Aileen McManus, DDES/Land Use Services Division
Michaelene Manion, DDES/Land Use Services Division
Joe Miles, DDES/Land Use Services Division
Paulette Norman, KC Dept. of Transportation/Road Services Div.
Lisa Pringle, DDES/Land Use Services Division
Randy Sandin, DDES/Building Services
Steve Townsend, DDES/Land Use Services Division
Bruce Whittaker, DDES/Land Use Services Division
NOTICE OF RIGHT T9 ADEBAL
AND ADDITIONA ACTION TION REQUIRED
In order to appeal the recommendation of the Examiner, written
notice of appeal must be filed with the Clerk of the King County
Council with a fee of $125.00 (check payable to King County
office of Finance) on or before August 29 1996. If a notice of
appeal is filed, the original and 6 copies of a written appeal
statement specifying the basis for the appeal and argument in
support of the appeal must be filed with the Clerk of the King
County Council on or before September 5. 1996. Appeal statements
may refer only to facts contained in the hearing record; new
facts may not be presented on appeal.
Filing requires actual delivery to the office of the Clerk of the
Council, Room 403, King County Courthouse, prior to the close of
business (4:30 p.m.) on the date due. Prior mailing is not
sufficient if actual receipt by the Clerk does not occur within
the applicable time period. The Examiner does not have authority
to extend the time period unless the Office of the Clerk is not
open on the specified closing date, in which event delivery prior
to the close of business on the next business day is sufficient
to meet the filing requirement.
If a written notice of appeal and filing fee are not filed within
fourteen (14) calendar days of the date of this report, or if a
written appeal statement and argument are not filed within
twenty-one (21) calendar days of the date of this report, the
Clerk of the Council shall place a proposed ordinance which
implements the Examiner's recommended action on the agenda of the
next available Council meeting. At that meeting, the Council may
adopt the Examiner's recommendation, may defer action, may refer
the matter to a Council committee, or may remand to the Examiner
for further hearing or further consideration.
Action of the Council Final. The action of the Council approving
or adopting a recommendation of the Examiner shall be final and
conclusive unless a proceeding for review pursuant to the Land
Use Petition Act is commenced by filing a land use petition in
the Superior Court for King County and serving all necessary
parties within twenty-one (21) days of the date on which the
Council passes an ordinance acting on this matter.
--- nD1W/rfrL �
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JUL 3 I ,
DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES
LAND USE SERVICES DIVISION
KING COUNTY,WASHINGTON
PRELIMINARY REPORT TO'THE HEARING EXAMINER
r August 13,1996-PUBLIC HEARING AT 9:15 A.M.IN ROOM#2
3600- 136th Place Southeast
Bellevue, WA 98006-1400
Phone: (206)296-6640
PROPOSED PLAT OF GREENFIELD PARK FILE NOS:L96P0006
ORDINANCE NO:96-602
A. SUMMARY OF PROPOSED ACTION:
This is a request for a subdivision of 6.65 acres into 27 lots for detached single-
family dwellings. The proposed density is 4.06 dwelling units per acre. The lot
size ranges from 3,406 to 6,141 square feet with one lot of 31,685 square feet.
B. GENERAL INFORMATION:
Owner: Ida May Green
2602 S. 207th St.
Kent, WA 98032 -7936
Applicant: Novastar Development
18215 72nd Avenue South
Kent,WA 98032
Engineer: Barghauser Consulting Engineers, INC.
18215 72nd Avenue South
Kent, WA 98032
STR: NE i SW 28-22-04
Location: West of 28th Avenue South and North of South 270th Street.
Zoning: R-4-P
Acreage: 6.65 acres
Number of Lots: 27
Density: 4.06 Lots per acre
Typical Lot Size 3,406 to 6,141 square feet
Proposed Use: Single-family Detached
Sewage Disposal: Midway Sewer District
Water Supply: Highline Water District
I,e Dlstr,ct. Federal t.:ie n�_,.♦-..t
uy
School District Federal Way School District
Application Date: February 22, 1996
C. HISTORY/BACKGROUND:
The Subdivision Technical Commiucc of King County has conducted an on-site
examination of the subject property and has discussed the proposed development
with the applicant's engineer to clarify technical details of the subdivision
PROPOSED PLAT OF GREENRELD PARK
FILE NO.L96P0006
application,to determine the compatibility of this project with the applicable King
County plans,codes,and other official documents regulating this development.
D. THRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE:
Pursuant to the State Environmental Policy Act(SEPA),RCW 43.21C,the
responsible official issued a threshold of non-significance(DNS) for the proposed
subdivision on June 11, 1996. This determination was based on review of the
environmental checklist and other pertinent documents,resulting in the conclusion
that the proposal would not cause probable significant adverse impact on the
r environment. Therefore an environmental impact statement(EIS)was not required
prior to proceeding with the review process.
Agencies,affected Native American tribes and the public were offered the
opportunity to comment on or appeal the determination for fifteen days. The DNS
was not appealed by any party.
E. AGENCIES CONTACTED:
/ I. King County Department of Transportation,Transit Division: Submitted a
letter dated June 25, 1996,with an attached Wetlands and Hydrology,
Threatened and Endangered Species Studies prepared in September 1994,
2. King County Fire Protection Engineer. Approve subject to conditions which
have been incorporated into this report.
3 Seattle-King County Health Department. The comments from the Health
Dept. have been incorporated into this report.
4. Fire District 9 39: Fire District Receipt was signed February 21,1996.
5. Federal Way School District: In a letter dated June 26, 1996 had no
comments at this time.
6. Midway Sewer District: Certificate of sewer availability was signed by the
district manager on 12-12-95.
7. Washington State Department of Fcology No response.
8. Washington State Department of Fisheries: No response.
9. Washington State Department of Natural Resources: No Response.
10. King County Conservation District No Response.
F. NATURAL ENVIRONMENT
1. Topography: The area to be developed is gently sloping to the west. The
northwest portion of the site is to remain undeveloped contains some 40416 slopes.
2. Soils:The King County Soil Survey, by the U S. Soil Conservation Service in
1973, indicates two soil types on the site Alderwood Gravely Sandy Loam,AgB,
Its moderately well drained soils suitable for urban development. Erosion hazard is
moderate. Everett Gravelly Sandy Loam, EvC,runoff is slow to medium and
erosion hazard is slight to moderate.
3. Hydrography: There is a Class 3 wetland in the southeast corner of the site. There
is a 78 acre Class 1 wetland to,the west of the subject property.
PROPOSED PLAT OF GREF.NFIELD PARE;
FILE N0.L96P0006
4, Vegetation: Various trees cover the site. They include alder,maple,fir,cedar and
pine. Wetland plants exist in the southeast corner of the site.
~ 5. Wildlife: Small birds and animals undoubtedly inhabit this site. No threatened or
endangered species are known to exist on site however the wetland to the west
contains a potential bald eagle habitat.
6. Mapped Sensitive Areas: The Sensitive Areas Folio does not identify any mapped
sensitive areas as being present on this site.
%G. NEIGHBORHOOD CHARACTERISTICS:
The property lies west of Interstate 5 and North of the Star Lake Park and Ride Lot.
The City of Federal Way is to the south, the City of Kent is to the northeast and the
City of Des Moines is to the northwest. Five single-family homes are directly
across 28th avenue south adjacent to the freeway. A King County maintenance
shop ---.p and ravel pit are to the north. South of South 272nd street within Federal
Way are multi-family structures and Mark Twain Elementary School. To
the west is undeveloped land and a large wetland.
H. SUBDIVISION DESIGN FEATURES:
1. Lot Pattern and Density: The proposed lot and street layout is in conformance
with King County codes and policies.
2. Roadway section: The proposed lots will be served by a loop street with
access from 28th Avenue S The loop road will have a sidewalk on one side
with sidewalks on both sides at the plat entrance. A sidewalk will be provided
on the west side of 28th Avenue S. and the north side of South 270th Street
adjacent to the plat.
nM
1. TRANSPORTATION PLANS:
1. Transportation Plans: 28th Avenue South and South 270th are Urban
Neighborhood Collectors. The King County Non-motorized Transportation
Plan has no proposals in this area. The subject subdivision is not in conflict
with these plans.
Subdivision Access: The proposed subdivision will access from 28 Avenue
South, located adjacent to the cast boundary of the site.
3 Traffic Generation: It is expected that approximately 270 vehicle trips per
day will be generated with full development of the proposed subdivision. This
calculation includes service vehicles o e , mail delivery,garbage pick-up,
school bus)which may currently serve this neighborhood,as well as work
trips,shopping,etc.
4. Adequacy of Arterial Roads This proposal has been reviewed under the
criteria in the King County Codc 1-1 70,Transportation Concurrency
lAandgement, i 4.00, inicisccoor,Sia❑ua-js,and King%UUnty Code 14.7 5,
Mitigation Payment System.
a. King County Code 14.70-l ransportation Concurrency Management: The
Transportation Certificate of Concurrency dated November 29, 1995
indicates that the transportation concurrency requirements have been
satisfied.
b. King County Code 14.80- Intersection Standards: The traffic generated
by this subdivision falls below the threshold requiring mitigation. The
PROPOSED PLAT OF GREEN&LD PARE:
FILE NO.L96P0006
existing arterial system will accommodate the increased traffic volume v
generated by this proposal.
c. King County Code 14.75-Mitigation Payment System: Requires the
payment of a traffic impact mitigation fee(MPS fee)and a administration
fee for each single family residential lot or unit created MPS fees are
determined by the zone in which the site is located. This site is in Zone
231 per the MPS/Quarter section list. MPS fees may be paid at the time of
final plat recording,or deferred until building permits are issued. The
amount of the fee will be determined by the applicable fee ordinance at
1 the time the fee is collected.
J. PUBLIC SERVICES:
1. Schools: This proposal has been reviewed under RCW 58.17.110 and King
County Ordinance 10162 (School Adequacy).
a. School Facilities: The subject subdivision will be served by Mark Twain
Elementary,Junior High,and Thomas Jefferson High,all located in the
Federal Way School District.
b. School Capacity: The Federal Way School Board has adopted capacity
figures which indicate their ability to accommodate additional students.
c. School Impact Fees: Ordinance 11-063 requires that an impact fee of
51,707 per lot be imposed to fund school system improvements to serve
new development within this district Payment of this fee in a manner
consistent with Ordinance 10162 Nvill be a condition of subdivision
approval.
d. School Access: The future students from this subdivision will be bussed.
2. Parks and Recreation Space:
KCC 21 A.14 requires subdivisions in the R zone classification to either
provide on-site recreation space or pac a fee to the Parks Division for
establishment and maintenance of neighborhood parks. The applicant
proposes to provide a 16,815 square foot recreation space in the South
west comer of the project. The wetland and the northwest portion of the site
will remain as open space
KCC 21A.14.190 requires subdivisions to provide toUchildren play areas
within the recreation space on-site unless within 1/4 mile there are public
playgrounds.
Fire Protection: The Certificate of Water Availability from Highline Water
District indicates that water is presentl% available to the site in sufficient
quantity to satisfy King County Fire Floss Standards.
Prior to final recording of the plat,the water service facilities must be
reviewed and approved per King County Fire Flow Standards
K. UTILITIES:
1. Sewage Disposal: The applicant proposes to serve the subject subdivision by
means of a public sewer system managed by Midway Sewer District.
A Certificate Sewer Availability,dated December 12, 1995, indicates this
sewer district's capability to serve the proposed development.
a
PROPOSED PLAT OF GREENF'IELD PARK
FILE NO.L96P0006
The Health Department has recommended preliminary approval of this
proposed method of sewage disposal. The Department of Development and
Environmental Services concurs with this recommendation.
2. Water Supply: The applicant proposes to serve the subject subdivision with a
public water supply and distribution system managed by Highline Water
District.
A Certificate of Water Availability,dated November 2e, 1995,indicates this
district's capability to serve the proposed development.
t
The Health-Department has recommended preliminary approval of this
proposed method of water supply. The Department of Development and
Environmental Services concurs with this recommendation.
L. COMPREHENSIVE AND COMMUNITY PLAN:
1. Comprehensive Plan: This proposal is governed by the 1994 King County
` Comprehensive Plan which designates this area as Urban. The proposed
subdivision is not in conflict with the policies of the Comprehensive Plan.
2. Community Plans: The subject subdivision is located in the Federal Way
Community Planning Area. The subject subdivision is not in conflict with the
goals,guidelines,and policies of the Federal Way Community Plan.
M. STATUTES/CODES:
If approved with the recommended conditions in this report,the proposed
development will comply with the requirements of the County and State Platting
Codes and Statutes,and the lots in the proposed subdivision will comply with the
minimum dimensional requirements of the zone district.
N. ANALYSIS:
The Subdivision Technical Committee has not identified any significant issues
involved in the preliminary review and recommendations of this proposal.
0. CONCLUSIONS:
The subject subdivision will comply with the goals and objectives of the King
County Comprehensive Plan and will comply with the requirements of the
Subdivision and Zoning Codes and other official land use controls of King
County,based on the conditions for final plat approval.
P. RECOMMENDATIONS
It is recommended that the subject subdivision as revised and received July 9,
1996,be granted preliminary approval subject to the following conditions of final
approval:
!'" 1. Compliance with all platting provisions of Title 19 of the King County Code.
2. All persons having an ownership interest in the subject property shall sign on
the face of the final plat a dedication which includes the language set forth in
King County Council Motion No. 5952.
3. The plat shall meet the minimum density of the R-4 zone classification. All
lots shall meet the minimum dimensional requirements of the R4 zone
classification or shall be as shown on the face of the approved preliminary plat,
PROPOSED PLAT OF GREENF'ELD PARK
FILE NO.L96P0006
whichever is larger. Minor revisions to the plat which do not result in
substantial changes may be approved at the discretion of the Department of
Development and Environmental Services
0/ 4. The applicant must obtain final approval from the King County Health
Department.
5. All construction and upgrading of public and private roads shall be done in
accordance with the King County Road Standards established and adopted by
Ordinance No. 11187,as amended.
t
tl"' 6. The applicant must obtain the approval of the King County Fire Protection
Engineer for the adequacy of the fire hydrant,water main,and fire flow
standards of Chapter 17.08 of the King County Code.
9 7. Final plat approval shall require full compliance with drainage provisions set
forth in King County Code 9.04 and the storm drainage requirements and
guidelines as established by the Surface Water Management Division,except
as provided with the King County Surface Water Design Manual Variance File
No.L96V 0075 and any future variances Compliance may result in reducing
the number and/or location of lots as shown on the preliminary approved plat.
The following conditions represent portions of the Code and requirements and
shall apply.
a. Drainage plans and analysis shall comply with the 1990 King County
Surface Water Drainage Manual and updates which were adopted by
Public Rule effective January 1, 1995 DDES approval of the drainage
and roadway plans is required prior to any construction.
b. Current standard plan notes and ESC notes,as established by DDES
Engineering Review,shall be shown on the engineering plans.
c. The following note shall be shown on the final recorded plat:
"All building downspouts,footing drains,and drains from all impervious
surfaces such as patios and driveways shall be connected to the permanent
storm drain outlet as shown on the approved construction drawings#
on file with DDES and/or the Department of Transportation.
This plan shall be submitted with the application of any building permit.
All connections of the drains must be constructed and approved prior to
the final building inspection approval For those lots that are designated
for individual lot infiltration systems,the'syslems shall be constructed at
the time of the building permit and shall comply with the plans on file."
S. The following conditions outline several Core and Special Requirements in the
1990 SWM Drainage Manual which are particularly important for the design
of this project. All other applicable requirements in the SWM Manual shall
also be addressed in the design of site improvement plans.
a. Core Requirement No l: discharge at the Natural Location. The
applicant's conceptual drainage plan proposes to discharge with a level
spreader at a single location at the project boundary where
unconcentrated sheet flow currently leaves the site at two generalized
adjacent locations. The applicant has submitted a SWM variance(File
No. L96V0075)request for this diversion. The variance must be approved
and all conditions of approval accomplished prior to engineering plan
approval.
b- Special Requirement No. 5 Special Water Quality Controls. A wet pond
may be required if the thresholds in the Manual apply to the site, The
t-
PROPOSED PLAT OF GREENFIELD PART:
FILE NO.L96P0006
final drainage and analysis shall evaluate these requirements and provide a
wet pond if required by the SWM Manual Page 5 in the King County
Sensitive Area Folio identifies a Class 2 %vetland within one mile of the
project; therefore,if the amount of impervious surface subject to vehicular
use exceeds one acre,a wet pond will be required.
1
c. Special Requirement No. 9, 100-year Floodplain. A wetland is located on
and adjacent to the property, therefore,a floodplain analysis shall be
performed. The 100-year floodplain boundaries shall be shown on the
final engineering plans and recorded plat.
t 9. The following conditions outline the required road improvements for this
subdivision to be constructed per the 1993 King County Road Standards:
a. The west half of 28th Avenue South and the north half of South 270th
Street shall be improved to Urban Neighborhood Collector standards for
the full frontage of the proposed plat. Improvements will include a
widening to provide a 16 foot pavement width measured from the
centerline with vertical curb and sidewalk. Grade will be compatible with
the existing street at this location. The applicant's engineering plans shall
address the requirements in KCRS 4-01 F regarding street widening of
existing roads.
b. Road A west of Road D, Road B, Road C,and Road D shall be improved
as urban minor access streets
c. Road A east of Road D shall be improved as an urban subaccess street.
d, Modif ations to t e above road conditions may be considered by King
Court pursuant to the variance procedures in KCR 1
10, The applicant or subsequent 0%+TIV shall comply with King County Code
C" 14.75,Mitigation Payment System (MPS), by paying the required MPS fee and �xe
administration fee as determined be the applicable fee ordinance. The
applicant has the option to either (1)pay the MPS fee at final plat recording,
or(2)pay the MPS fee at time of building permit issuance. If the first option is
chosen,the fee paid shall be the fee in effect at the time of plat application and
a note shall be placed on the face of the plat that reads, "All fees required by
King County Code 14.75,Mitigation Payment System (MPS),have been paid",
if the second option is chosen, the fee paid shall be the amount in effect as of
- the date of building permit application
11. Lots within this subdivision are subject to King County Ordinance 10162 and
Ordinance 12063, which imposed compact fees to fund school system
improvements needed to serve new dccelopmcni As a condition of final
approval,fifty percent(500o)of the impact fees due for the plat shall be
assessed and collected immediatcl% prto to recording, using the fee schedules
in effect when the plat received I"inal approval "I he balance of the assessed fee
shall be allocated evenly to d\�rllinu units in the plat and shall be collected
prior to building pennir isscaocc
�l 12. All utilities within proposed rielus-ol-way must be included within a franchise
approved by the King County Council prior to final plat recording.
13. The Class 3 wetland must have a minimum of a 25 foot buffer measured from
the wetland edge. Buffer averaging may be used if necessary to accommodate
reasonable plat desiSmAot layout so long as better resource protection is
achieved. The proposed 10-foot wide steep slope buffer,as recommended by
Terra Associates, around Sensitlt c Area Tracts A & D is acceptable. The edge
PROPOSED PLAT OF GREENF*LD PARK
FILE NO.L96P0006
of this buffer must be surveyed and clearly marked so that it can be inspected
and approved by a DDES geologist during engineering review.
C4' 14. The wetland, its buffer and the steep slopes shall be placed in a separate
Sensitive Area Tracts(SAT).
.kk 15. A minimum building setback line of 15 feet shall be required from the edge of
a SAT.
�L 16. Prior to permit approval,the owner of the property shall submit proof that a
t" Notice on Title has been filed for record with the Records and Election
Division,to run with the land. The Notice shall be approved by the Land Use
Services Division(LUSD)and inform the public record of the presence of a
sensitive area or buffer,the application of this ordinance to the property,and
that limitations on action in or affecting such areas or buffers may exist,
17. Prior to commencing construction activities in the vicinity of the wetland
and/or its buffer,the applicant shall mark sensitive areas in a highly visible
' manner,and these areas must remain so marked until all development
activities in the vicinity of the sensitive areas are completed.
18. Prior to commencing construction activities on the site,the boundary between
adjoining property and the sensitive areas tracts must be identified with
sensitive area signs. Sign detail must be shown on the final engineering plans.
19. The following note shall be shown on the final engineering plans and recorded
plat:
RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE
AREA SETBACK AREAS
Dedication of a Sensitive Area Tract/Sensitive Area Setback Area conveys to
the public a beneficial interest in the land within the tract/setback area. This
interest includes the preservation of native vegetation for all purposes that
benefit the public health,safety and welfare,including control of surface water
and erosion,maintenance of slope stability,visual and aural buffering,and
protection of plant and animal habitat. The Sensitive Area Tract/Sensitive
Area Setback Area imposes upon all present and future owners and occupiers
of the land subject to the tract/setback area the obligation,enforceable on
behalf of the public by King Count, to leave undisturbed all trees and other
vegetation within the easement The v cectation within the tract/setback,area
may not be cut,pruned,covered by till.removed or damaged without approval
in writing from King County Department of Development and Environmental
Services or its successor agency. unless othern•ise provided by law
OTHER CONSIDERATIONS
✓ 1. The subdivision shall ronfnnn I �CC !6S3 rclat:nv to gradrrng cn private
Prop".
2. Development of the subject propertv may require registration with the
Washington State Department of Liccnsmg, Real Estate Division.
3. Preliminary approval of this application does not limit the applicant's
responsibility to obtain any required permit or license from the State or other
regulatory body.
s
PROPOSED PLAT OF GREENFIELD PART:
FILE NO.L96P0006
TRANSMITTED TO PARTIES LISTED HEREAFTER
_.. Steven C. Townsend,P.E., Supervising Engineer,Land Use Inspection
Lisa Pringle,Supervisor,Site Plan Review Section
Joe Miles,P.E.,Supervising Engineer,Engineering Review Section
Randy Sandin,Supervising Engineer,Site Development Services Section
Marilyn Cox,Responsible Official,SETA Section
Paulette Norman,Dept.of Transportation
Gary Kriedt,Environmental Planner,Transit Division,Dept.of Transportation
t Stanley W.Tauscher
GLOW CLINTON
_IOHN L . SCOTT .LAND DEPARTMENT
SARGHAUSEN CONSULTING ENGRS
GREEN ]DA MAY / OWNER
N0Y4STNa DtUE L0P"4CN" (r W PVTa-h-
y
PLAT: GREENFIELD rARK FILE L96P0006
OWNER: Ida May Green
PROPOSAL: 6.65 + acres into 27 lots
STR: 28-22-4 _
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Kent City Council Meeting
Date October 7 . 1997
Category Consent Calendar
1. SUBJECT: BENSON SHORT PLAT SANITARY SEWERS - BILL OF SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, authorization to accept the bill of sale submitted by
Hardeep Singh for continuous operation and maintenance of 1, 033
feet of sanitary sewer line, and release of bonds after the
expiration period. The project is located at S.E. 24.4th
Street, east of Benson Highway.
3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3L
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1
Kent City Council Meeting
Date October 7, 1997
Category Consent Calendar
1. SUBJECT: PLAT OF SOUTH BEND - BILL OF SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, authorization to accept the bill of sale submitted by
Pacific Industries, Inc. for continuous operation and
maintenance of 532 feet of watermain improvements, 695 feet of
sanitary sewers, 11320 feet of street improvements and 1, 021
feet of storm sewers, and release of bonds after the expiration
period. The project is located at SE 270th Street & 116th
Avenue SE.
3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3M
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i�
Kent City Council Meeting
Date October 7 1997
Category Consp-nt Calendar
1. SUBJECT: KENT ASSISTED LIVING - BILL OF SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, authorization to accept the bill of sale submitted by
Westmont, Inc. for continuous operation and maintenance of
336 feet of watermain and 171 feet of storm sewers, and release
of bonds after the expiration period. The project is located
at 112 Kennebeck Avenue North.
3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3N
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2 ;
Kent City Council Meeting
Date October 7 , 1997
Category Consent Calendar
1. SUBJECT: KIVA LAND USE AND PERMIT INFORMATION SYSTEM
CONTRACT
2 . SUMMARY STATEMENT: Authorization for the Mayor to sign the
KIVA Land Use and Permit System Contract.
On March 19, the Operations Committee approved the purchase of
a permitting and land use information software system from KIVA
Corporation, subject to approval of the final contract language
by the City Attorney. After some time, the software vendor and
the City have finalized all contract terms and the agreement is
ready for the Mayor' s signature.
3 . EXHIBITS: Agreement and Operations Committee minutes
4 . RECOMMENDED BY: Operations Committee (3-0) and staff
(Committee, Staff, Examiner, Commission, etc. )
5 . . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $55 , 516 (approx. )
SOURCE OF FUNDS: Land use and permit information system budget
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 30
OPERATIONS COMMITTEE MINUTES
"- March 19, 1997
COMMITTEE MEMBERS PRESENT: Jon Johnson-Committee Chair, Leona Orr, Tim Clark for Jim
Bennett*
STAFF PRESENT: Gary Gill, John Hodgson, Bob Hutchinson, Roger Lubovich, Brent McFall, May
Miller, Marty Mulholland, Kelli O'Donnell, Ron Spang, Sue Viseth
MEMBERS OF THE PUBLIC: None.
The meeting was called to order at 4:37 p.m. by Chairperson Johnson.
AX32roval of 3/14/97 Vouchers
Committeemember Orr moved to approve payment of the March 14 vouchers. Johnson seconded the
motion which passed 2-0. Vouchers in the amount of$1,523,072.23 were approved for payment. (Acting
Committeemember Clark concurred upon his arrival which made the approval unanimous.)
Buildin Insl2ection Service Levels/Staff Resources:
Building Official Bob Hutchinson proposed that the building inspector position scheduled to be terminated
at the completion of the Regional Justice Center project be retained and asked that the general fund 1997
budget be amended in the amount of$42,200 to cover the position for the rest of the year. Hutchinson
reviewed the history of the position with the committee stating the non-RJC workload justifies the
additional expense. *(Council Member Tim Clark joined the Committee to substitute for Committee
Member Fun Bennett.) Hutchinson reviewed exhibits A and B with the committee and noted that there are
aging permits without final inspection to follow up on since so many resources had been dedicated to the
RJC inspection load. Hutchinson noted that the funding required to cover the $42,000 expense for 1997
can be covered by the revenue from the increase in building permit fee activity which is up 143%. He
concluded that he is hoping to retain the incumbent which will help to continue service levels.
Committeemember Orr asked what would happen to the $68,000 that was over budget if the position was
not filled. Hutchinson replied it would go into the general fund. Orr asked what the overtime was for the
last year. Hutchinson responded that in 1996 $14,000 was spent in overtime and $16,000 was allocated
to overtime in 1997 although he did not have the current actuals for 1997. During further discussion
Hutchinson noted that he anticipated half of the overtime budget was spent on the RJC with the remainder
to be used for peak periods. Orr moved to recommend to Council that one building inspector position be
authorized, upon completion of the Regional Justice Center Project, and that the 1997 budget be amended
by the addition of$42,000 to both Development Services expenditures and permit and plan review fee
revenues.
New Permit Svstem:
Information Services Director Ron Spang reviewed the history of the current system stating that it was
developed in-house but as the needs have grown and the divisions have grown it was determined that
companies with expertise in permitting divisions have more cost effective solutions utilizing newer
technology. He noted that the bond issue of$10.5 million is expected this summer but due to the urgent
need this is being brought forward now. Spang noted that $72,000 would come from existing automation
funds and that Don Wickstrom has allocated $60,000 from water, sewer, and drainage.
Hutchinson noted that the system was created in-house in 1993 to deal primarily with permits and additional
uses had been added but it did not include interrelated work of other departments. He noted that the
proposed system would be useful in documenting all aspects of permitting and provide for improved
cooperation and coordination. He concluded that the city would be able to provide better service with this
tool Svstems Analvst Martv Mulholland added4hat by utilizine vendors with new technoloeies we will
OPERATIONS COMMITTEE MINUTES, CONT.
Mare 0 1007
have the future ability of using a touch tone system as the phone system is upgraded and this vendor also
has the capability for Internet access although this is not a part of the current plan. City Engineer Gary Gill
commented that Public Works has been active in the entire selection process and that the system will
interface with the geographic information system (GIS). He concluded that Public Works is committed to
this project.
Committeemember Orr asked if the new system would be compatible with the planned upgrades this
summer. Ron Spang responded that he was comfortable with the hardware although there may be some
problems with the finance system. He noted that the vendor has a reputation for vendor support and these
issues will be worked through. Orr asked how the permitting system would be financed if we do not do
the rest of the planned upgrades. May Miller responded that we do have enough in reserve to cover the
expense but if the bond issue did not go through staff would look at other options and bring a proposal back
to committee. Acting Committeemember Clark moved to approve authorization for staff to create a Land
and Permit Information System budget for$310,000, ofwhich$60,000 is from water, sewer, and drainage;
and$72,000 from existing automation funds; and the balance is from automation bonds to be sold later this
year; and, authorize the Mayor to sign a contract for the KIVA Permitting and Land Information System,
subject to contract approval by the Law Department. Orr seconded the motion which passed with a vote
of 3-0.
Pre iminary lanuary Financial Rel2ort
May Miller reviewed the Preliminary January Financial Report with the Committee during which she noted
that sales revenue was reported at$291,000 over budget for January and the February revenue is $247,000
over budget. Miller explained while reviewing the budget analysis that revenue is good and the fund balance
will be higher than expected with$355,000 unallocated. She added that with the additional revenues there
will not be the need to transfer S1 million out of the capital projects facilities fund so it will be possible to
proceed with the alternate projects. May completed her review.
Committee Schedule - Future Meetind Dates
Acting Committeemember Clark requested a preliminary policy on how to handle the Chinese exchange
with students. He recommended that administration bring a policy to the Operations Committee and
requested that he be invited to the Committee meeting. May Miller suggested that the Kaibara process
could be used as a framework although they also were having problems finding students. City Attorney
Lubovich suggested that with the new Government Affairs Manager starting, Committeemember Clark may
wish to meet to discuss his ideas for the program. Clark agreed that he would like to meet with the new
person.
Committeemember Orr stated that President Houser had noted at the Public Works Committee that there
were quite a few city trucks parking in the permit only parking. Orr requested an update on the vacancies
at the Centennial Center and a report on the number of extra parking spaces in the garage for employees.
It was also noted that there have been a number of Police vehicles parking in the public lot. Lubovich
responded that he would request the information be brought back to the Committee.
After a discussion of possible meeting days and times, Committee Chair Johnson asked to have the April 2
Operations Committee meeting cancelled. He noted that future meeting dates would be announced. There
being no further business, the meeting was adjourned at 5:23 p.m. by Chairperson Johnson.
-1 I�/mil✓
qlz4plq I
KIVA
SOFTWARE LICENSE AGREEMENT COPY
NAME AND ADDRESS OF CUSTOMER:
City of Kent Agreement Date
220 4th Ave S
Kent, WA 98032 Agreement Number
1. GRANT OF LICENSE.
KIVA, a Utah corporation ("KIVA"), hereby grants to the CITY OF KENT, a Washington Municipal
Corporation ("CUSTOMER") and CUSTOMER hereby accepts from KIVA, on the terms and
conditions contained in this Agreement, a restricted, non-transferable and non-exclusive license
personal to the CUSTOMER for the use of Software Product and related Software Documentation
proprietary to KIVA and identified in the Schedule ("SCHEDULE") attached hereto as Exhibit 1, for
the license fees set forth in the SCHEDULE.
2. DEFINITIONS.
2.1 "Additional Functions," means additional programs and related documentation which interface
with the Software Product and/or Software Documentation and/or Database Structures, including
any ideas, concepts, know-how or techniques relating thereto, and additions to the Software Product
or Software Documentation made by CUSTOMER or consultants.
2.2 "Data," means the information to be supplied by the CUSTOMER.
2.3 "Database Structures," means the definitions and structure of the database including data
element layouts, views, indexes and associated programs to create, maintain or modify these
definitions and structures.
2.4 "Final Acceptance means the date, as determined by CUSTOMER, that the Software Product
and Software Documentation have been delivered, placed in operation, tested by the CUSTOMER,
and have provided full functionality in the conduct of customary data processing and permitting
activities for 60 days.
2.5 "Land and Permits Information Systems Bundle" means the Software Products and Software
Documentation that formed the basis of KIVA's Response to RFP and the basis of this Agreement,
including, at a minimum, the following system product functions, including any related subsystems:
(a) Pre-Development Processing
(b) Permit Application and Issuance
KIVA SOFTWARE LIC.AGREEM'T.—Page 1 of 16,excluding exhibits 1 and 2
(c) Fee Tracking
(d) Inspection Scheduling and Tracking
(e) Certificate of Occupancy Issuance and Tracking
(f) Parcel, Structure, Establishment Tracking, including, at a minimum, Address Tracking
and Parcel Genealogy
(g) Bond Tracking
2.6 "Operating Environment, means the single designated central processing unit ("CPU")
designated in Exhibit 2, in combination with the operating system, computers, machines, terminals
and devices as also described in Exhibit 2.
2.7 "Request for Proposal" or "RFP" means the CUSTOMER's published document seeking
proposals for a "Municipal PERMITTING System, Related Subsystems, and Support Services,
issued on October 10, 1996.
2.8 "Response to RFP' means KIVA's response to CUSTOMER's RFP, dated November 5, 1996,
together with KIVA's subsequent documentation submitted on December 11, 1996, and on January
16, 1997, and together with KIVA's two demonstrations presented at CUSTOMER's site on
December 6, 1996 and January 16, 1997.
2.9 "Software Documentation, means, but will not be limited to, all media, machine readable or
otherwise, including tapes, disks, diskettes, recordings, memories, chips, photos, printed or written
documents, manuals of any type, and any other media containing recorded or stored information.
2.10 "Software Product," means the computer software provided by KIVA hereunder, (including,
but not limited to, programs and Database Structures) and comprises all proprietary intelligence,
however recorded, contained, duplicated, referenced, or stored.
2.11 "Software Support Agreement" means a separate agreement for additional monetary
consideration entered into between KIVA and CUSTOMER providing for ongoing service,
maintenance, update and telephone and onsite assistance for the Software Product and Software
Documentation.
2.12 "Source Code" means all KIVA's source and object programs, including all corresponding
documentation.
2.13 "Update(s)" means program corrections, enhancements or upgrades to licensed software
within the scope of CUSTOMER's purchase of Software Product and Software Documentation.
3. TERM OF AGREEMENT.
This license is granted for an initial term of fifteen (15) years from the effective date of this
Agreement and is renewable for an additional fifteen (15) year term upon written election by
CUSTOMER, delivered to KIVA at any time during the initial term of this Agreement and upon
payment of the established License Fee for a license to use the Software Product and the Software
Documentation then in effect.
KIVA SOFTWARE LIC.AGREEKT.—Page 2 of 16,excluding exhibits 1 and 2
4. FINANCIAL PROVISIONS.
4.1 CUSTOMER shall pay KIVA for the Phase 1 license, products, documentation, structures, data
and functions provided for in this Agreement according to the SCHEDULE attached-as Exhibit 1,
which exhibit is incorporated into this Agreement. The City may elect to obtain any or all of the
products and services listed in Phase 2 of the SCHEDULE attached as Exhibit 1, at the City's option.
The costs and terms of all items listed in the SCHEDULE attachew as Exhibit 1 shall be in effect until
October 1, 1998.
4.2 All payments shall be made in U.S. Dollars within forty-five (45) days of invoice unless otherwise
specifically provided. If partial deliveries are authorized, each shipment shalt be invoiced and paid
for when due without regard to other scheduled deliveries. CUSTOMER agrees to pay a monthly
charge of 1.00% (12% annually), or fraction thereof, for failure to make a payment within thirty (30)
days of the invoice date.
4.3 The fees shown on the attached SCHEDULE do not include any federal, state, municipal, or
other government excise, sales, use, occupational, or like taxes, however designated, now in force
or as may be enacted in the future; therefore, CUSTOMER agrees to pay any tax KIVA may be
required to collect or pay now or at any time in the future (including interest and penalties imposed
by any governmental authority) which are imposed, levied or based on the License Fee, or on the
existence or operation of this Agreement or on the Software Product, and/or Software
Documentation or the use, lease, license or delivery thereof. If KIVA is required to collect tax to be
paid by CUSTOMER, the CUSTOMER shall pay the tax to KIVA on written demand. CUSTOMER
agrees to pay a monthly charge of 1.00% (12% annually) on all taxes or other sums advanced by
KIVA, if such sums are not paid by CUSTOMER to KIVA within thirty (30) days of the date of invoice
or demand.
4.4 Provided KIVA complies with this Agreement and achieves final acceptance by the CUSTOMER
as defined in Section 2.4 , there shall be no refund or credit due CUSTOMER for the Software
Product and Software Documentation License fee in the event that the CUSTOMER terminates this
Agreement for any reason other than KIVA's material breach prior to the end of its term.
5. RESPONSIBILITIES.
5.1 CUSTOMER stipulates that it has determined to accept the terms of the License of the Software
Product and Software Documentation in reliance upon its own judgment and upon KIVA's Response
to RFP. CUSTOMER has not relied, however, upon any representation by KIVA regarding (a)
CUSTOMER's provision of the necessary diskettes, tapes and related supplies not required to be
supplied by KIVA as part of this Agreement, all Data entered by CUSTOMER, necessary computer
time made available by CUSTOMER, and CUSTOMER's selection of available hardware options;
(b) CUSTOMER's determination of when to put KIVA software, products and documentation into use
after KIVA's provision of Software Product and Documentation and all training provided for in this
Agreement; and (c) the current level of training and proficiency of CUSTOMER's personnel.
5.2 KIVA will provide (a) the Software Product and (b) the applicable Software Documentation,
which shall include program specifications and describe the program operation.
KIVA SOFTWARE LIC.AGREEM'T.--Page 3 of 16,excluding exhibits 1 and 2
6. OPERATING ENVIRONMENT DESIGNATION.
The license granted under this Agreement authorizes CUSTOMER to use the Software Product on
the CUSTOMER's Operating Environment. If the CPU is inoperative due to malfunctions, the
license granted under this Agreement may be temporarily extended, authorizing CUSTOMER to use
the Software Product on another CPU using the same operating system until the designated CPU
is returned to operation.
7. CHANGE IN DESIGNATED OPERATING ENVIRONMENT.
CUSTOMER may change its designated operating environment at any time without incurring
additional License Fees. However, if CUSTOMER requires additional training to adopt the Software
Product and Documentation to the changed Designated Operating Environment, CUSTOMER will
pay KIVA for that additional training time at KIVA's applicable rates at the time the training occurs.
However, in no event will CUSTOMER be entitled to any refund of its initial License Fee payment.
8. ADDITIONAL LICENSES.
CUSTOMER may obtain additional licenses to use the Software Product and Software
Documentation listed in the SCHEDULE only upon execution of additional license agreements
covering those installations and the payment of additional License Fees. If CUSTOMER increases
the number of concurrent users during the warranty period, Customer will pay additional License
Fees based on KIVA's pricing update, which forms part of KIVA's Response to RFP. After the
expiration of the warranty period, CUSTOMER agrees to pay additional License Fees in accordance
with the License Fees then charged by KIVA for a license to use the Software Product and Software
Documentation for the increased number of concurrent users in CUSTOMER's total user group.
9. USER MANUALS.
For each Software Product, KIVA will deliver to CUSTOMER certain Software Documentation,
entitled "User Manual," that will provide CUSTOMER's product users complete and thorough written
documentation on the KIVA products and systems that are the subject of this Agreement. The User
Manual may be updated by KIVA from time to time, and these updates constitute a change in
specifications. During the initial one-year warranty period, any updates issued by KIVA will be
provided to CUSTOMER at no charge.
10. LIMITED WARRANTY.
10.1 KIVA represents and warrants that, for a period of one year from the date that the Software
Products are fully installed and CUSTOMER has issued its Final Acceptance of the Software
Product and Software Documentation, the Software Product and Software Documentation will be
merchantable, will meet CUSTOMER's requirements as established in CUSTOMER's RFP and
KIVA's response to CUSTOMER's RFP, and will further conform to the performance capabilities,
specifications, functions, and other descriptions and standards applicable thereto, specifically
including all specifications established in the User Manual and elsewhere by KIVA. KIVA further
KIVA SOFTWARE LIC.AGREEMT.—Page 4 of 16,excluding exhibits 1 and 2
warrants that it will maintain the software, including all updates, so that the software will operate in
conformity with all improvements, additions, or modifications of the software installed at Customer's
site or sites.
10.2 KIVA shall perform its services in a timely and professional manner by qualified maintenance
technicians familiar with the software and its operation, and the services shall conform to the
standards generally observed in the industry for similar services; however, KIVA will have an
opportunity to make repeated efforts within a reasonable time to correct programming errors.
10.3 To the extent not inconsistent with the preceding Sections 10.1 and 10.2, KIVA does not
represent or warrant that the Software Product and Software Documentation will operate in the
combinations which may be selected for use by the CUSTOMER or that the operations of the
Software Product and Software Documentation will be uninterrupted or error-free. During the one-
year warranty period, KIVA will correct all defects to the extent those defects originate from the acts
or omissions of KIVA's products or personnel.
10.4 The above warranty is contingent upon the CUSTOMER's proper use of the Software Product
or Software Documentation and does not apply if the Software Product or Software Documentation
fails to perform due to accident, neglect, misuse, failure of electrical power, air conditioning humidity
control, transportation, or any cause other than ordinary use. The above warranty does not apply
if the CUSTOMER has substantially modified the Program Product or Software Documentation
without KIVA's approval.
11. INDEMNIFICATION, LIMITATION OF REMEDIES AND DAMAGES.
11.1 KIVA agrees to defend, indemnify, and hold harmless the CUSTOMER, its officials, officers,
employees, agents and volunteers from any and all claims, actions, judgments, losses, costs,
(including personnel related costs, reasonable attorney's fees and all other claim related expenses)
and damages whatsoever, including but not limited to claims made upon the CUSTOMER arising
(a) by reason of accident, injury, or death to any person, to KIVA or to KIVA's agents,
employees, servants and all subcontractors, or
(b) by reason of injury to property arising out of or in connection with work performed under
the Agreement,
except upon a finding of a trier of fact that such loss was caused by the sole negligence of the
CUSTOMER. This promise of indemnity shall specifically apply in the case of injuries to KIVA's own
employees.
11.2 KIVA SHALL SPECIFICALLY AND EXPRESSLY WAIVE ANY IMMUNITY THAT MAY BE
GRANTED IT UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51,
RCW. Further, this indemnification obligation under this contract shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits payable to or for any
third party under worker's compensation acts, disability benefits acts, or other employee benefit acts.
KIVA SOFTWARE LIC.AGREEMT.—Page 5 of 16,excluding exhibits 1 and 2
11.3 To the extent not inconsistent with Sections 11.1 and 11.2, CUSTOMER's exclusive remedy
- for any claim whatsoever against KIVA, regardless of form, shall be either(1) the correction by KIVA
of errors in the Software Product and Software Documentation, or (2) if, after repeated efforts, KIVA
is unable to make the Software Product and Software Documentation operate as warranted, for
CUSTOMER's actual damages.
11.4 To the extent not inconsistent with Sections 11.1 through 141.3, KIVA's liability for damages
to the CUSTOMER for any cause whatsoever, and regardless of the form of action, whether in
contract or in tort, including negligence, shall be limited to actual damages.
12. PERMISSION TO COPY
12.1 CUSTOMER may copy in whole or in part any Software Product or Software Documentation;
provided, however, that only the number of copies required to serve CUSTOMER'S actual need
shall be made, and provided, further, that these copies may only be used in CUSTOMER's
Operating Environment, or as needed by CUSTOMER.
12.2 All copies of Software Product and Software Documentation made by CUSTOMER for
CUSTOMER'S own use, including translations, compilations, partial copies within Modifications or
Updated works shall at all times continue to be the property of KIVA. CUSTOMER will maintain
records of the number and location of the original and all copies of the Software Product and will
make these records available to KIVA at any time if the original or any copy of such materials will
be kept at any location other than that of the designated CPU. CUSTOMER will use its best efforts
to insure, prior to disposing of any media, that any Software Product contained thereon has been
erased or otherwise destroyed.
13. PROTECTION OF LICENSED SOFTWARE PRODUCTS AND SOFTWARE
DOCUMENTATION.
13.1 CUSTOMER acknowledges and agrees that the Software Product and the Software
Documentation, including all modifications, updates or replacements and all Additional Functions,
constitute intellectual property, including trade secrets, and proprietary data of KIVA, and are
protected by civil and criminal law, and by the law of patent and copyright, that they are secret,
confidential, valuable, special and unique assets of KIVA, and that they are, and shall at all times
remain, the sole and exclusive property of KIVA and that KIVA has all right, title and interest therein.
CUSTOMER agrees that their use and disclosure must be carefully and continuously controlled.
CUSTOMER agrees to hold in strict confidence all information and know-how, technical or
otherwise, related to the Software Product and Software Documentation. To the extent allowed by
law, CUSTOMER shall not divulge, furnish, use for the benefit of any third person, or make
accessible any Software Product or Software Documentation in any form without KIVA's prior written
permission, except to CUSTOMER'S employees or consultants when on CUSTOMER'S premises
for purposes specifically related to CUSTOMER'S use of the Software Product and Software
Documentation.
13.2 As to all CUSTOMER'S employees, CUSTOMER shall take appropriate action by instruction,
-agreement or otherwise to fulfill CUSTOMER'S obligations under this Agreement.
KIVA SOFTWARE LIC.AGREEM'T.—Page 6 of 16,excluding exhibits 1 and 2
13.3 As to all CUSTOMER'S consultants, prior to disclosing the Software Product and Software
Documentation to these consultants, CUSTOMER shall require the consultants to execute a
Non-Disclosure Agreement in the form attached hereto as Exhibit 3, and take such other appropriate
action as is reasonably necessary, so as to enable CUSTOMER to satisfy CUSTOMER'S obligations
under this Agreement.
13.4 Neither this Agreement, nor any Software Product nor Software Documentation may be
assigned, sublicensed, or otherwise transferred by either party without prior written consent from the
other party.
13.5 CUSTOMER understands that the Software Product and Software Documentation are subject
to the Copyright Act of the United States. CUSTOMER further agrees that the placement of a
copyright notice on any portion of the Software Product or Software Documentation will not be
construed to mean that such portion has been published and will not derogate from any claim that
such portion is a trade secret or contains proprietary and confidential information.
13.6 CUSTOMER agrees with respect to any copyrighted Software Product or Software
Documentation to reproduce and include the copyright notice of KIVA in the same form as contained
on the Software Product and Software Documentation supplied by KIVA hereunder on any copies
made by CUSTOMER, whether such copies are of the whole or part, in any form, including
modifications of the Software Product and Software Documentation made in accordance with this
Agreement.
13.4 If CUSTOMER has not licensed source code, CUSTOMER shall not create or attempt to
create, or permit others to create or attempt to create source code, by reverse engineering or
otherwise; however, if this Agreement is terminated by reason of KIVA's default, CUSTOMER or its
agents may create or attempt to create source code, but only for CUSTOMER's sole use and
purpose.
13.5 CUSTOMER agrees to notify KIVA immediately upon CUSTOMER's actual knowledge of the
unauthorized possession, use or knowledge of any item supplied under this license and of other
information made available to the CUSTOMER under this Agreement, by any person or organization
not authorized by this Agreement to have such possession, use or knowledge. CUSTOMER will
promptly furnish full details of that possession, use or knowledge to KIVA, will assist in preventing
the recurrence of that possession, use or knowledge, and will cooperate with KIVA in any litigation
against third parties deemed necessary by KIVA to protect its proprietary rights. CUSTOMER'S
compliance with this paragraph shall not be construed in any way as a waiver of KIVA's right to
recover damages or obtain other relief against CUSTOMER for its negligent or intentional harm to
KIVA'S proprietary rights, or for breach of contractual rights.
14. RIGHTS IN DATA.
CUSTOMER shall retain rights in the Data stored in the Database Structures. Notwithstanding the
foregoing, CUSTOMER grants KIVA the right to use the Data for any purpose connected with KIVA's
business relationship with CUSTOMER, with the understanding that any release of CUSTOMER'S
Data to other parties must be preauthorized by the CUSTOMER in writing.
KIVA SOFTWARE LIC.AGREEM'T—Page 7 of 16,excluding exhibits 1 and 2
15. PROJECT RESPONSIBILITIES.
15.1 The CUSTOMER will be responsible for providing meeting rooms, providing access to
er facilities and equipment, responding to KIVA requests for approvals and other requests
computer related CUSTOMER business in
t a timely manner, and will coordinate CUSTOMER staffing related
to the project.
15.2 KIVA will be responsible for all other items relating to implementation including system
installation, providing technical and user training to CUSTOMER staff, and providing adequate
system documentation. All services and implementation shall be provided in a timely manner.
15.3 Both the CUSTOMER and KIVA will be responsible for working in a cooperative manner to
meet the following implementation timelines:
Contract Execution October 7, 1997
System Installation November, 1997
System Walk-thru, Initial Planning, etc. November, 1997 -- December, 1997
Conversion work, Modifications as necessary January--February, e
System Goes "Live" April--May, 1998
Any delays to the schedule shall be pre-approved by the CUSTOMER and such approval shall not
be unreasonably withheld.
15.4 Responsibility for conversion of any existing CUSTOMER data files will be a negotiable item.
16. CONFIDENTIALITY.
16.1 KIVA agrees that it will not permit the disclosure or duplication of any information received
from the CUSTOMER or stored on CUSTOMER systems unless such disclosure or duplication is
specifically authorized in writing by the CUSTOMER.
16.2 The CUSTOMER agrees that it will not disclose or duplicate any information designated in
advance by KIVA as Confidential/Proprietary" information to any person (other than CUSTOMER
personnel who must have access to such information) unless such duplication, use or disclosure
is specifically authorized in writing by KIVA or is required by law. The term "Confidential/Proprietary
does not include ideas, techniques, or concepts that are in the public domain.
17. INSURANCE.
17.1 KIVA shall procure and maintain for the duration of this agreement insurance of the types and
in the amounts described below against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work by KIVA, its agents,
representatives, employees, subconsultants, or subcontractors. KIVA shall provide a Certificate
of Insurance evidencing:
KIVA SOFTWARE LIC.AGREEM'T.—Page 8 of 16,excluding exhibits 1 and 2
Automobile Liability insurance with limits no less than $1,000,000 combined single limit per
accident for bodily injury and property damage; and -
Commercial General Liability insurance written on an occurrence basis with limits-no less than
$2,000,000 combined single limit per occurrence and in the aggregate for personal injury, bodily
injury, and property damage. Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion, and employer's liability.
17.2 Any payment of deductible or self insured retention shall be the sole responsibility of KIVA.
17.3 Prior to contract execution, the�CUSTOMER, its officers, officials, employees, agents, and
volunteers shall be named as an additional insured on the insurance policy, as respects work
performed by or on behalf of KIVA and a copy of the endorsement naming the CUSTOMER as
additional insured shall be attached to the Certificate of Insurance. Copies of such documents
shall be provided to the CUSTOMER prior to contract execution.
17.4 KIVA's insurance shall contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with respects to the limits of the
insurer's liability.
17.5 KIVA's insurance shall be primary insurance as respects the CUSTOMER, and the
CUSTOMER shall be given thirty (30) calendar days prior written notice by certified mail, return
receipt requested, of any cancellation, suspension or material change in coverage.
17.6 A failure to provide insurance coverage and written acceptance of the tendered policy shall
be deemed to constitute a material breach of contract by KIVA. The CUSTOMER reserves the right
to then award the contract to another bidder. In order to protect the public interest and
notwithstanding any provisions herein to the contrary, KIVA's failure to comply with any provision
in this Section 17 shall subject the contract to immediate termination without notice and without
recourse by any person.
18. SOURCE CODE ESCROW.
18.1 KIVA agrees to place current copies of its source code in an escrow account with the
CUSTOMER. The CUSTOMER will store current copies of the KIVA product source code and KIVA
technical documentation. KIVA will update these copies within forty-five (45) calendar days of each
major product release, which is estimated to occur once or twice each year. CUSTOMER will pay
reasonable costs for creation and shipping of the electronic media containing the source code and
technical documentation. CUSTOMER will not serve as an escrow agent for other KIVA clients.
Source code for those KIVA modules will be made available to the CUSTOMER under the
occurrence of any one of the following conditions:
(a) KIVA defaults on any of the terms of its contract with the CUSTOMER;
(b) KIVA ceases to do business;
(c) KIVA stops maintenance support of the software module in question;
(d) KIVA fails to perform the contract in a timely fashion;
KIVA SOFTWARE LIC.AGREEWT.—Page 9 of 16,excluding exhibits 1 and 2
(e) KIVA suffers any act of insolvency identified in Section 24;
(f) KIVA fails to maintain technical staff capable of supporting or modifying the software
system.
18.2 In the event of the occurrence of any of the conditions listed in Section 18.1, subparagraphs
(a) through (f) above, or upon the direct request from KIVA, the CUSTOMER shall have the
unconditional right to immediately obtain and use its copies of the source code programs and
technical documentation.
18.3 KIVA will provide CUSTOMER copies of current source code and technical documentation
prior to the time CUSTOMER's system goes "live,"-currently estimated to occur in April or May of
1998 (see subsection 15.3).
19. INDEPENDENT CONTRACTOR.
The parties intend that an independent contractor-employer relationship will be created by their
relationship. The CUSTOMER is interested only in the results to be achieved, and conduct and
control of the work will lie solely with KIVA. KIVA is not to be considered an agent or employee of
the CUSTOMER for any purpose, and the employees of KIVA are not entitled to any of the benefits
that the CUSTOMER provides for its employees. KIVA understands that the CUSTOMER does not
intend to use the KIVA's services exclusively. KIVA is also free to contract for similar services to be
performed for other parties while under contract with the CUSTOMER. KIVA will be solely and
entirely responsible for its acts and the acts of its agents, employees, servants, and all
subcontractors during the performance of this Agreement.
20. ROYALTIES AND PATENTS.
KIVA shall pay royalties and license fees and defend all suits resulting from claims for same on all
software and materials purchased outright from KIVA and installed according to the specifications
of the CUSTOMER.
21. EQUAL EMPLOYMENT.
KIVA shall comply with all federal, state, and local laws, rules, regulations and ordinances prohibiting
discrimination in employment with regard to age, sex, race, color, creed, national origin, or mental
handicap, unless based upon a bona fide occupational qualification.
22. SUPPORT AND MAINTENANCE.
22.1 Term for Support and Maintenance and Commencement of KIVA Software Support
Agreement. KIVA will provide the following support and maintenance services to CUSTOMER
throughout the warranty period at no additional cost to CUSTOMER. KIVA's Software Support
Agreement shall commence at the end of the warranty period at the cost established in that
�. Agreement.
KIVA SOFTWARE LIC.AGREEM'T.--Page 10 of 16,excluding exhibits 1 and 2
22.2 Support Personnel. The following person at KIVA will coordinate systems maintenance
service:
The following CUSTOMER employee will be the key contact and interface with KIVA for the
CUSTOMER:
Either party may change these designated persons from time to time, and each party will notify the
other upon that change.
22.3 Response Procedures. CUSTOMER may notify KIVA of a problem, question or concern by
means of voice telephone, facsimile, or e-mail sent to "support@kiva.com." All such communication
is in KIVA's SAN (Software Action Notice) format. When CUSTOMER so notifies KIVA,
CUSTOMER will at that time submit one of the following four priority levels:
Level Code Description
Critical C CUSTOMER is unable to process work due to a KIVA
software problem
High H CUSTOMER is unable to use a portion of the KIVA
system but is still able to process work for the most part
Medium M CUSTOMER is able to work, but is inconvenienced by the
'work-around' process
Low L Appearance problem or pop up message problem but
doesn't affect the processing of work
KIVA will verify the Priority Level with the CUSTOMER. For Priority Level C, KIVA will respond
immediately, but never later than the same day and by mutual agreement will be on-site by the next
day, if necessary. CUSTOMER will pay for any travel related expenses to come on-site. For Priority
Level H, KIVA will respond within three business days. For Priority Level M or L, KIVA will respond
within seven business days. KIVA will work on a verified Priority Level C matter continuously, until
it is resolved. The response for the other priority levels will be an expected delivery date for the
solution. Issues and functions that are part of the standard product offering and their corresponding
documentation will be corrected if they are not functioning properly. Issues and functions that go
beyond the standard product offering will be quoted as system enhancements and will wait for
CUSTOMER approval. CUSTOMER will maintain a person properly trained in the KIVA applications
as the key contact and interface with KIVA, as shown in subsection 22.2, above. CUSTOMER will
be objective and accurate in submitting Priority Levels.
22.4 Program Defect Support. When CUSTOMER determines that a defect exists in the Product
Software or Product Documentation, CUSTOMER will provide KIVA's Technical Support Department
with a written Software Advisory Notice ("SAN") that details the nature of the problem caused by the
defect. KIVA will acknowledge the defect problem and provide an estimated procedure and time
for correction of the SAN within the times established in this Section 22. KIVA will use its best
KIVA SOFTWARE LIC.AGREEMT.—Page 11 of 16,excluding exhibits 1 and 2
efforts and will dedicate sufficient personnel to issue defect correction information (i.e., corrected
`r documentation, corrected code, notice of availability of corrected code, or a restriction or bypass)
as soon as possible. KIVA may require the CUSTOMER to cover the cost of media, shipping, and
handling charges in responding to CUSTOMER's SAN. CUSTOMER will provide KIVA,.if necessary,
with supplemental media acceptable by KIVA for these defects. KIVA will not accept telephone
notification and/or submission of SAN's, but KIVA will accept delivery of SAN's by facsimile. KIVA
will make reasonable efforts to detect errors, in part, by attempting to duplicate errors.
22.5 Telephone Consultation Support. KIVA will only provide Telephone Consultation Support to
CUSTOMER operators who have successfully completed an approved KIVA product Applications
Specialist training course. KIVA reserves the right to charge time and materials rates to
CUSTOMER if KIVA is required to provide support to untrained operators.
22.5.1 The following Telephone Consultation Support services will be provided during
business hours when the CUSTOMER calls KIVA's regular phone numbers:
(a) Problem determination and/or preparation of documentation for program defect
support;
(b) Program maintenance, either via telephone consultation or maintenance distribution
media at KIVA's option;
(c) Program improvements or modifications.
22.5.2 In responding to each service call, KIVA will make a reasonable attempt to instruct the
CUSTOMER in proper use of the licensed program(s), to engage in problem determination
and resolution, and to keep the program(s) maintained and functioning. CUSTOMER will be
responsible for all long distance telephone charges between CUSTOMER and KIVA incurred
as result of CUSTOMER's call to KIVA.
22.6 Remote Site Support. Remote Site Support allows KIVA's Technical Support Personnel to
perform support work on the CUSTOMER's computer using a modem and special software as
though the technician were at the CUSTOMER's site. KIVA's Remote Site Support will be limited
as follows:
(a) CUSTOMER will obtain site communications software that will enable KIVA's
Technical Support Personnel to communicate via telephone with the CUSTOMER's
computer and allow on-line support help.
(b) The determination of whether or not remote site communication will be used will be at
the discretion of KIVA Technical Support Personnel.
22.7 Oracle Product Support. If the CUSTOMER acquires Oracle Run-Time Products from
KIVA, then CUSTOMER may be eligible for Oracle Product Support from KIVA. It shall be the
responsibility of the CUSTOMER to maintain versions of the Oracle Product(s) that KIVA Product(s)
can compatibly serve. KIVA typically supports a given Oracle release for approximately one year
after it is no longer available from Oracle.
KIVA SOFTWARE LIC.AGREEM'T.--Page 12 of 16, excluding exhibits 1 and 2
22.8 Failure to Maintain Backups. When CUSTOMER's failure to create a proper Backup makes
recovery substantially more difficult, regardless of whether the original problem occurred because -
of a program defect, a "bug," an operational reason or any other reason, KIVA may charge the
CUSTOMER at KIVA's current time and materials rate for KIVA's attempt to repair or resolve
CUSTOMER's problem.
23. ENHANCEMENTS AND UPDATES.
23.1 KIVA will provide software programs, training materials and reference manual updates through
normal software releases at no extra charge. For the purposes of this Section 23, of software
release" means periodic distribution of updates to the Software Product for enhancements, product
inconsistencies, and "bug" fixes.
23.2 KIVA will provide additional software packages, add-on modules, applications, and custom
programming at a rate to be negotiated at the time the product or service is required due to the
complexities of working with that code outside of the KIVA core product line. KIVA will determine
which enhancements will be part of an additional software package, add-on module, application or
custom programming, and what materials will be included with those enhancements.
23.3 It is the sole responsibility of CUSTOMER to perform the installation of updates and program
modifications. KIVA will provide sufficient instructions to allow CUSTOMER's employees to
accomplish the installation of these updates and program modifications. However, should the
update or program modification fail, cause failure of the Software Product to perform or cause failure
elsewhere in CUSTOMER's system, KIVA will assist CUSTOMER with appropriate solutions on an
emergency basis pursuant to subsection 22.3.
24. ACTS OF INSOLVENCY.
The CUSTOMER may terminate this Agreement between KIVA and the CUSTOMER by written
notice if KIVA makes a general assignment for the benefit of creditors, suffers or permits an
appointment of a receiver for its business assets, becomes subject to any proceeding under any
bankruptcy or insolvency law whether domestic or foreign, or has wound up or liquidated its
business, voluntarily or otherwise. Without waiving any other rights granted to CUSTOMER in this
Agreement, CUSTOMER would have immediate access to Source Code in the event of the
occurrence of any of these above-mentioned acts of insolvency.
25. TERMINATION ON DEFAULT.
25.1 This Agreement and the license granted hereunder may be terminated by either party if the
other party is in default or material breach of any provisions of this Agreement, so long as the default
or material breach is not corrected within thirty (30) days of the receipt of written notice of the default
from the non-defaulting party. This written notice must particularly describe the alleged default or
material breach. However, if CUSTOMER has breached its duties of confidentiality and
non-disclosure as set forth in this Agreement, this Agreement and the license may be terminated
immediately upon written notice, and KIVA shall be entitled to an injunction restraining CUSTOMER
KIVA SOFTWARE LIC.AGREEM'T.--Page 13 of 16,excluding exhibits 1 and 2
from breaching or continuing to breach the same, without showing or proving any actual damage,
CUSTOMER hereby acknowledging that other remedies are inadequate.
25.2 Any claim for damages incurred by either party resulting from breach of this Agreement by-the
other party shall survive termination. The remedies provided herein shall not be deemed exclusive
but shall be cumulative and shall be in addition to all other remedies provided by law and equity.
No delay or omission in the exercise of any remedy herein provided or otherwise available to KIVA
shall impair or affect its right to exercise the same.
26. RETURN OR DESTRUCTION ON TERMINATION.
Within one (1) month after the termination of this Agreement and the license granted he for
any reason other than KIVA's breach or default or CUSTOMER's purchase of Source Code,
CUSTOMER will furnish written notification to KIVA certifying that through CUSTOMER'S best
efforts and to the best of CUSTOMER'S knowledge, the original and all copies of the Software
Product and the Software Documentation, except Database Structures and Data, received from
KIVA or made in connection with that license have been returned to KIVA or destroyed. This
requirement will apply to all copies in any form, including translations, whether partial or complete,
and whether or not modified or merged into other programs as authorized herein. However, upon
prior written authorization from KIVA, CUSTOMER may retain a copy for archive purposes only.
27. RIGHT TO PERFORM SYSTEM AUDIT
To insure compliance with the terms of this Agreement and to assist KIVA in the protection of its
proprietary rights, CUSTOMER shall permit representatives of KIVA the right, upon reasonable
written notification and during normal business hours, to perform a systems audit of the subject
Software Product and any modifications, updates or replacements of the Software Product and any
Additional Functions made by CUSTOMER.
28. PERSONAL AGREEMENT.
This Agreement shall be considered a personal agreement with CUSTOMER. CUSTOMER shall
not sell, transfer, assign or subcontract any right or obligation hereunder without the prior written
consent of KIVA nor shall this Agreement or any rights herein conferred be pledged or hypothecated
in any manner whatsoever. Any attempted act in derogation of the foregoing shall be null and void.
29. SURVIVAL BEYOND TERMINATION.
Any remedies for the breach of this Agreement and each parry's duties, obligations, covenants and
representations contained in this Agreement shall survive the termination of this Agreement.
30. ATTORNEYS' FEES.
Subject to the limitation of KIVA's liability as set forth in Paragraph 11.2 of this Agreement, if any
action or suit is brought with respect to a matter or matters covered by this Agreement, each party
KIVA SOFTWARE LIC.AGREEM'T.—Page 14 of 16,excluding exhibits 1 and 2
shall be responsible for all costs and expenses incident to such proceedings, including reasonable
attorneys' fees.
31. -SECTION HEADINGS.
The section headings used in this Agreement are inserted only for convenience and are in no way
to be construed as part of such sections or as a limitation on the scope of the particular section to
which they refer.
32. USE OF PRONOUNS.
Whenever the context may require, any pronouns used herein shall include the corresponding
masculine, feminine or neuter form, and the singular form of nouns, pronouns and verbs shall
include the plural and vice-versa.
33. GOVERNING LAW.
The construction and performance of this Agreement shall be governed by the laws of the State of
Washington without regard to the conflict of laws provisions thereof. CUSTOMER hereby consents
to the venue, jurisdiction and rules of the Kent branch of the King County Superior Court, Kent,
Washington with respect to any right of action arising under this Agreement.
34. ENTIRE AGREEMENT.
This Agreement, together with CUSTOMER's RFP and KIVA's Response to RFP constitutes the
entire agreement between KIVA and CUSTOMER and shall not be modified or rescinded except in
writing, signed by both parties. If any of the provisions or portions of this Agreement are invalid
under any applicable statute or rule of law, they are to that extent to be deemed omitted and the
remaining provisions shall not in any way be affected or impaired. If any conflict or inconsistency
exists between this Agreement and CUSTOMER'S RFP or KIVA'S response to the RFP, the terms
of this Agreement shall prevail; if any conflict or inconsistency exists between the CUSTOMERS'
RFP and KIVA'S response to the RFP, the terms and obligations in the CUSTOMER'S RFP shall
prevail.
35. NOTICE.
Any notice required or permitted to be made or given pursuant to this Agreement shall be sufficiently
made or given on the date of mailing if sent to a parry by certified mail, postage prepaid, addressed
to the other party at the address set forth at the beginning of this Agreement.
CUSTOMER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, INCLUDING ALL
PRINTED AND INSERTED LANGUAGE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY
ITS TERMS AND FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE
SUBJECT MATTER OF THIS AGREEMENT.
KIVA SOFTWARE LIC,AGREEM'T.—Page 15 of 16,excluding exhibits 1 and 2
IN WITNESS, the parties have caused this Agreement to be executed and effective on the last date
written below.
CUSTOMER: LICENSOR:
City of Kent KIVA
220 4th Ave S 5525 South 900 East, Suite 325
Kent, WA 98032 Salt Lake CUSTOMER, UT 84117
Signed:
Signed:
by Jim White Mayor Name & Title:
Date:
Date:
Signed:
Signed:
by Marty Mulholland
its Acting Information Services Name & Title:
Director
Date: Date:
KIVA SOFTWARE LIC.AGREEMT.—Page 16 of 16, excluding exhibits 1 and 2
EXHIBIT 1
PAYMENT SCHEDULE
PHASE 1 (October 1997-May 1998 Committed Purchases):
Descriation cost Terms x n e * Notes
Software Product and $19200.00 301/6 at Contract Execution; N/A List $19,200 less
Software o upon delivery of 10% discount—
Documentation License software, installation, KIVA Land and
Fee (Perm ittin Land documentation, and user Permit
Use Software): training; and Information
8 users 2 °o upon final acceptance Systems software
by CUSTOMER, as defined bundle
in Section 2.4.
Special Services: $11200.00 Upon delivery $3808.00 Per diem
1 day product install expenses
5 days project ($800.00 estimated at
management per day) $272.00 per dav-
5 days product walk- Reimbursemen,
through to be made based
3 days to be arranged/ on satisfactory
on-call as needed & evidence of
as determined by actual cost;
actual cost not to
City. exceed $300.00
per day.
Training: $17500.00 Upon delivery $3808.00 Per diem
2 days DBA training expenses
4 days Land Software ($1250.00 estimated at
training per day) $272.00 per day;
8 days Permit reimbursement to
training
be made based
on satisfactory
evidence of
actual cost;
actual cost not to
exceed $300.00
per day.
PHASE 2—Additional Training/Special Services—OPTIONAL to CUSTOMER:
Terms
Description costx n Notes
Conversion Scripts $2400.00 Upon delivery and testing $816.00 Per theexpenses
estimated at
$272.00 per day;
reimbursement to
be made based
on satisfactory
evidence of
actual cost;
actual cost not to
end $300.00
per day.
Additional Conversion Not to Upon delivery and testing
Work (if required) exceed
$5000.00
Word Processing $4620.00 3010 at Contract Execution;
Interface-8 software SQL upon delivery of
users software, installation,
documentation, and user
training; and
upon final acceptance
by CUSTOMER, as defined
in Section 2.4.
Word Processing $3850.00 Upon delivery $816.00 Per diem
Interface—setup and ($800.00) expenses
per day— estimated at
s
training Y— $272.00 per day;
setup; reimbursement to
perr day—
-
0 be made based
pay
on satisfactory
training evidence of
actual cost;
actual cost not to
exceed $300.00
per day.
EXHIBIT 2
(TO KIVA SOFTWARE LICENSE AGREEMENT)
CONSULTANT NON-DISCLOSURE AGREEMENT
("Consultant") acknowledges that
("Licensee") and KIVA, a Utah corporation,("KIVA")
have entered into a certain Software License Agreement by the terms of which Licensee acquired
the right to use certain computer software and its related documentation (hereinafter collectively
"Licensed Software"), which Licensed Software is proprietary to KIVA. Consultant further
acknowledges that Licensee is required under the terms of said Agreement to protect the secrecy
and confidentiality of the Licensed Software by, among other things, obtaining a confidentiality
agreement from persons having access to the Licensed Software.
In consideration of Licensee's retaining Consultant, and other good and valuable consideration, the
sufficiency of which is acknowledged, Consultant represents and warrants as follows:
1. Consultant acknowledges that the Licensed Software constitutes intellectual property of KIVA
and has tangible value, contains valuable trade secret, patent, copyright and confidential information
of KIVA, and is the sole property of KIVA.
2. Consultant shall examine and use the Licensed Software solely for the purpose of assisting
Licensee in the use of the Licensed Software and for no other purpose whatsoever. Consultant
understands and agrees that the Licensed Software is protected by civil and criminal law, and by
the law of patent and copyright and that Consultant shall hold, in strict confidence, all information
and know-how, technical or otherwise related to the Licensed Software, and shall not use such
information and know-how, technical or otherwise, for its own use, nor divulge, furnish or use it for
the benefit of any third person, except as authorized herein. Consultant shall not in any manner or
form reproduce, copy, disclose, provide or otherwise make available, in whole or in part, the
Licensed Software or any related material, except to KIVA's employees, or to Licensee's employees
in the scope of their employment, or to Consultant's employees, in the scope of their employment
and who have signed this Consultant Nondisclosure Agreement. Such disclosure shall be in
confidence for purposes specifically related to Consultant's work with the Licensed Software during
the time such employees are on Licensee's premises with Licensee's permission and are subject
to Licensee's security and control.
3. Consultant shall ensure that any copy, in whole or in part, of the Licensed Software made by it
shall have affixed thereto KIVA's proprietary, copyright and trade secret notice in such manner and
location as to give reasonable notice of the proprietary, patent, copyright and trade secret rights of
KIVA. Consultant shall have no right to print or copy the Licensed Software, in whole or in part,
except as authorized herein. All such copies shall be and shall remain the property of KIVA, to be ,..
returned to Licensee by Consultant upon written request and/or termination of Consultant's right to
examine and use the Licensed Software.
4. Consultant shall take all appropriate action, whether by instruction, agreement or otherwise, to
ensure the protection, confidentiality and security of the Licensed Software or any related materials
and to satisfy .its obligations under this Nondisclosure Agreement. Consultant agrees that
Consultant's obligations with respect to the confidentiality and security of all information disclosed
to Consultant survive the termination of any agreement or relationship between KIVA, the Licensee,
the Consultant, and/or any employee of such organizations. This Nondisclosure Agreement shall
be interpreted in accordance with the laws of the State of Utah.
ACKNOWLEDGED AND ACCEPTED:
CONSULTANT FIRM: (CUSTOMER Name)
Address 1
Address 2
CUSTOMER, State, Zip
Signed: Signed:
Name & Title: Name & Title:
Date: Date:
The undersigned employees of Consultant have read the foregoing and agree to comply with this
Nondisclosure Agreement and be bound thereby.
Signed: Signed:
Name & Title: Name & Title:
Date: Date:
Signed: Signed:
Name & Title: Name & Title:
Date: Date.-
Signed: Signed:
Name & Title: Name & Title:
Date: Date:
............
Kent City Council Meeting
Date October 7 , 1997
Category Other Business
1. SUBJECT: GOLF COURSE MANAGEMENT PROPOSALS
2 . SUMMARY STATEMENT: The City conducted a Request for
Proposal process to determine the golf management for the
Riverbend Golf Complex beginning January 1, 1998 . Two
companies have been selected as finalists. The two finalists
are S. S.M.D. Enterprises and Golf Resources Northwest. Staff
has provided to Council information from both companies. In
addition, both companies made presentations to City Council in
a recent workshop.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Staff and Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
Tv
5. UNBUDGETED FISCALJPERSONNEL IMPACT: NO X YES_ `
6. EXPENDITURE REQUIRED: as per negotiated contract
SOURCE OF FUNDS: Golf revenues
7. CITY COUNCIL ACTION:
Councilmember 1j D-0 moves, Councilmember w 4 seconds
to authorize staff to negotiate with G R ` to
develop a management agreement for the Riverbend Golf Complex
that will begin January 1, 1998, and to submit the proposed
agreement to Council for approval. p n
DISCUSSION: ILA'] y� � GiAXL�Y
ACTION:
Council Agenda
lY Item No. 4A
. . .............
Kent City Council Meeting
Date October 7 . 1997
Category Bids
1. SUBJECT: S. 2.62ND STREET WATER MAIN IMPROVEMENTS
2 . SUMMARY STATEMENT: The bid opening for this project was
held on October 2nd with seven bids received. The low bid was
submitted by James Guess Construction in the amount of
$92 , 179 . 68 . The Engineer's estimate was $115,227 . 01.
This project consists of replacing an existing smaller
watermain which has been leaking and has been a long
maintenance problem.
The Public Works Director recommends that the contract be
awarded to James Guess Construction.
3 . EXHIBITS: Public Works Director memorandum
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $92 , 179 . 68
SOURCE OF FUNDS: Miscellaneous Watermain Improvements (W40)
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember U)kseconds
that the South 262nd Street Watermain Improvements contract be
awarded to James Guess Construction for the bid amount of
$92 , 179 . 68 .
DISCUSSION:--
ACTION:—
Council Agenda
Item No. 5A
DEPARTMENT OF PUBLIC WORKS
October 2, 1998
TO: Mayor &City Council
FROM: Don Wickstrom
RE: S. 262nd Street Watermain Improvements
Bid opening for this project was held on October 2nd with 7 bids received. The low
bid was submitted by James Guess Construction in the amount of $92,179.68. The
Engineer's estimate was $115,227.01.
It is the recommendation of the Public Works Director that the S. 262nd Street
Watermain Improvements contract be awarded to James Guess Construction for the
bid amount of $92,179.68.
BID SUMMARY
James Guess Construction 92,179.68
Archer Construction 109,347.17
RJC, Inc. 115,094.28
Campbell Construction 119,299.27
V & J Inc. 122,299.89
King Construction 123,939.75
Kar-Vel Construction 139,419.59
Engineer's Estimate 115,227.01
MOTION:
Councilmember moves, Councilmember seconds that the South
262nd Street Watermain Improvements contract be awarded to James Guess
Construction for the bid amount of $92,179.68.
CONTINUED COMMUNICATIONS
A.
R E P O R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC WORKS COMMITTEE
D. PLANNING COMMITTEE
E. PUBLIC SAFETY COMMITTEE
F. PARKS COMMITTEE
G. ADMINISTRATIVE REPORTS
CITY OF
Jim White, Mayor
Planning Department (206)859-33901FAX(206)850-2544
James P. Harris,Planning Director
CITY COUNCIL
PLANNING COMMITTEE MINUTES
September 16, 1997
Planning_Committee Members Present: City Attomev's Office:
Leona Orr, Chair Roger Lubovich, City Attorney
Tim Clark Laurie Evezich,Assistant City Attorney
Jon Johnson
Other City staff:
Plannina_Staff- Gary Gill, City Engineer
Fred Satterstrom, Planning Manager Ed White, Transp Eng Supervisor
Kevin O'Neill, Senior Planner
Matthews Jackson, GIS Coordinator/Planner
Linda Phillips, Planner
- Margaret Porter, Administrative Assistant
Teresa Beener. Administrative Secretary
RESOLUTION FOR COMPREHENSIVE PLAN AMENDMENT - (F. Satterstrom)
Planning Manager Fred Satterstrom explained that the Growth Management Act allows for
Comprehensive Plan amendments once a year. Mr. Satterstrom explained that in order to make an
amendment to the Comprehensive Plan other than once a year. Kent must declare a state of
emergency through a Resolution. He explained that the Resolution is necessary to move forward
with the Meridian Valley and Del Mar annexation Comprehensive Plan amendments and zoning map
changes.
Committee member Jon Johnson MOVED and Tim Clark SECONDED a motion to approve the
proposed resolution. Motion carried.
BILLBOARD ISSUE - (T. Clark)
Committee member Tim Clark stated that the commuter rail will cause significant traffic delays.
He explained that the 196th corridor will become the first non-stop east-west route. Mr. Clark
explained that this overpass will become the City's only unobstructed panoramic view of the area
and he would like this to remain an unobstructed view. He asked the Committee to create a billboard
ordinance that would prohibit billboards that would obstruct this view. He commented that he would
like to prevent a problem before one occurs.
Assistant City Attorney Laurie Evezich explained that there was a relatively recent Washington
Supreme Court decision that determined the placement of billboards could be limited for reasons of
_20 4th AVENUE SOUTH KENT.WASHINGTON 11903= i4� 5;-ELPPHONE -_531 S59-1300
City Council Planning Committee Minutes
September 16, 1997
protecting traffic distraction, health and safety, the preserving of aesthetics, or the preservation of
natural resources. However, she explained that this could not be enacted retroactively.
Clark MOVED and Johnson SECONDED a motion directing administration to draw up a"billboard"
ordinance that would expressly protect the views of the 196th and 272nd corridors by prohibiting
the placement of billboards.
Chair Leona Orr questioned whether the ordinance should be specific. Clark commented that the
uniqueness of the overpasses takes out the consideration of existing roadways.
Evezich commented that the City should avoid an ordinance that would require constant
maintenance. She suggested limiting the ordinance to the 196th and 272nd corridors to ensure that
the ordinance would not effect existing billboards.
The motion carried.
108TH AVENUE FENCE - (L. Evezich)
Assistant City Attorney Laurie Evezich explained that the Committee had requested an update for
this item. Ms. Evezich explained that the City received a citizen petition regarding the previous
existence of a fence along 108th Avenue. After substantial research, the City Attorney concluded
that the fence was not a condition of development and, therefore, could not be required of the
property owners. The property owners decided for their own reasons to add a fence on 108th
Avenue. Ms. Evezich stated that, as of this date, the owners expect to have the fence in place by
years end.
Committee member Tim Clark questioned whether it was still the intent of the property owner to
construct a heavy metal fence. Ms. Evezich commented that those details had not been discussed
but, she will contact the owner and confirm this was still their intent.
DOWNTOWN STRATEGIC ACTION PLAN - (L. Phillips)
Chair Leona Orr stated that she had spoke with the Regional Transit Authority (RTA) and they are
only considering the north location for the commuter rail station in their environmental review
process. Chair Orr suggested that the Committee take action to formally request that RTA consider
both the north and the south commuter rail station locations. She commented that she was prepared
to take this issue to full Council tonight, if necessary.
Planning Manager Fred Satterstrom explained that staff did contact the RTA and they indicated that
a letter from the City Council would be appropriate if the City would like the RTA to consider both
the north and the south site. Mr. Satterstrom commented that it had been staffs understanding that _
the RTA would automatically be considering both sites during their environmental review.
2
City Council Planning Committee Minutes
September 16, 1997
Committee member Tun Clark MOVED and Jon Johnson SECONDED a motion to compose a letter
from the Council to direct the RTA to consider both the north and the south commuter rail locations
in their environmental review process. Motion carried.
Chair Leona Orr stated that Mr. Alden Eld had not been sufficiently notified regarding the
August 6, 1997 Special Planning Committee meeting and therefore, was not given an opportunity
to testify. She explained that Mr. Eld is here today to add his comments for the record.
Alden Eld, P. O. Box 866, Oregon City, OR 97045. Mr. Alden Eld owns property located at the
corner of Fourth and James. Mr. Eld discussed his concerns and stated that his property is unusable
as residential. He requested the Committee to consider the inclusion of five parcels in the area being
rezoned to office/mixed use.
Planner Linda Phillips introduced a recent letter from Marily Manthy and commented that one issue
that was discussed in the introductory phase of the downtown plan was identifying market
opportunities for natural medicine facilities. Ms. Phillips explained that this was inadvertently left
out of the draft. Ms. Phillips discussed adding language promoting Kent as a center for health car,
including natural medicine, in the"Market Opportunities" and"Enhance Civic Identity" sections of
the Downtown Plan.
Clark MOVED and Johnson SECONDED a motion to add the language promoting health care
facilities and services, including natural medicine opportunities, as discussed above. Motion carried.
Ms. Phillips outlined the East Frame District. She explained that this district includes a mixture of
commercial activity interspersed among single and multifamily residential uses. The
recommendation encourages preserving and developing additional residential uses within this area
along with the existing commercial services.
The East Frame District also recommends the construction of a pedestrian trail along Mill Creek that
would connect Mill Creek Park and Memorial Park, the improvement of Meeker and Gowe
Streetscapes which would include landscaping and lighting, and design guidelines to help increase
compatibility of uses.
Mr. Satterstrom explained that the East Frame District is fairly limited in scope. He explained that
the area is zoned for commercial, but the majority of the existing development is single family
residential. He explained that design guidelines are a way to provide transition within this area as
the area develops with more large scale commercial or residetnial projects.
Mr. Clark discussed his concern with the recommendation to encourage a pedestrian trail crossing
at James. He also discussed his concerns regarding the Meeker and Gowe street improvements and
stated that this may be premature due to the potential impacts of the commuter rail station. He
3
City Council Planning Committee Minutes
September 16, 1997
commented that he had a great concern subscribing to a plan which may require major adjustments
once specifics are determined. Ms. Phillips explained that th� plan recommends pedestrian
improvements and they would be adjusted for safety or other issues at the time of implementation.
Mr. Clark commented that he is concerned.with the recommendation that commits to current street
standards. He explained that the RTA location could have a tremendous impact on streets in the
downtown area and may need substantial upgrade beyond the current standard. He was concerned
with the impact of increased bus traffic.
Ms. Phillips explained that the recommendations for street standards are more general in nature and
can be revised during the implementation to accommodate any such impacts. Chair Orr questioned
whether a decision on this area should be delayed until the site of the commuter rail station had been
determined.
Clark questioned how quickly these projects would be fed into the Capital Facilities Program.
Ms. Phillips explained that the improvements would be prioritized and the timing would be
determined by funding and Council approval. She explained that recommendations involving the
commuter rail would be given a priority and others would be prioritized based on the City's wants
and needs.
Mr. Satterstrom explained that the Council will decide based on funding and other issues whether
or not improvements will be made and where. He explained that improvements are merely
recommendations for specific improvements but the details would be worked out prior to
implementation.
Committee member Tim Clark MOVED and Johnson SECONDED a motion to adopt the East
Frame District recommendations of the Downtown Plan. Committee member Jon Johnson
commented that he felt it was very important to create as many trails and pedestrian links as possible.
He stated that busy trails would need to cross busy streets and stated that the safety concerns would
be addressed and the best solution adopted at the time of implementation. Mr. Johnson also
discussed his concerns with the scale differences in this area and hoped the design guidelines would
address these concerns. Motion carried.
ADDED ITEMS TO THE AGENDA:
BAYBERRY CREST PRELIMINARY PLAT - (R. Lubovich)
City Attorney Roger Lubovich explained that the City Council had modified the Preliminary Plat
for Bayberry Crest and these changes had effected the conditions of the plat. Mr. Lubovich stated
that the Council's decision to cul-de-sac 129th Avenue Southeast, eliminated the need for certain
conditions that no longer applied and gave the applicant enough land for an additional two lots.
4
�- City Council Planning Committee Minutes
September 16, 1997
Mr. Lubovich explained that a letter had been received from the applicant requesting that conditions
that were no longer applicable be removed and asked that the additional two lots be approved.
City Engineer Gary Gill explained staffs position on the conditions. He explained that staff
supports the applicants request to eliminate the conditions outlined in their letter with the exception
of Condition 6. G)iii. which should remain as written.
Committee member Tim Clark questioned the status of the pedestrian walkway. Mr. Gill explained
that the pedestrian walkway would remain unchanged.
Mr. Lubovich explained that the conditions being removed relate directly to 129th Avenue SE not
going through.
Planning Manager Fred Satterstrom asked for time to review the changes before making a
recommendation to Council.
Jim Howton, 600 - 108th Ave NE, Suite 343, Bellevue, WA 98004. Mr. Jim Howton explained
that this is time sensitive and would like to have this item go to Council tonight.
Committee member Jon Johnson MOVED and Clark SECONDED a motion to approve the changes
to the Bayberry Crest Preliminary Plat as discussed pending Planning Department approval.
City Attorney Roger Lubovich questioned whether Planning had authority to make minor
adjustments. The Committee concurred that any minor adjustment necessary including lot
configuration could be made by staff based on zoning regulations. Motion carried.
Chair Leona Orr stated that the Downtown Plan will be continued to the Planning Committee
Meeting on October 21, 1997 at 4:00 p.m.
ADJOURNMENT
The meeting adjourned at 5:15 p.m.
5
BRENDA JACOBER
(Please put in Council agenda
�77 packet)
CITY OF 711B�
Jim White, Nlayor
Planning Department (253) 859-3390/FAX(353) 850-?544
James P. Harris, Planning Director
CITY COUNCIL
PLANNING COMMITTEE MINUTES
Special Meeting of September 2, 1997
Planning Committee Members Present:
Leona Orr, Chair
Tim Clark
Jon Johnson, excused
Plannin; Staff
Fred Satterstrom, Planning Manager
Lin Houston Cashman, Human Services Manager
Carolyn Sundvall, Planner
Katherin Johnson, Planner
Margaret Porter, Administrative .Assistant III
1998 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
(C. Sundvall)
Human Services Planner Carolyn Sundvall informed the Committee that the proposed 1998 program
is estimated at $523,966. This is a nine percent (S52.297) decrease from the 1997 CDBG funding
level of$5 7 6,263. The decrease is a result of revised 1998 estimates in addition to recaptured funds
and program income. Attached is a copy of the allocation of the 1998 funds.
Ms. Sundvall highlighted some of the changes that are being requested for Capital Application
projects. The projects recommended for approval are:
City of Kent Home Repair Services Program - $236,943
One change to the program is to have one Home Repair Specialist benefitted position
increase from three to four days per week (from .6 to .8 position change) beginning June 1,
to address the increased demand for services.
Turnkev Park Handicapped Accessibility Rehabilitation - $60,000
Russell Road Park Handicapped Accessibility Rehabilitation - S38,000
The proposed funding would be used to rehabilitate two existing City parks to meet ADA
requirements.
i
City Council- Planning Committee Minutes
Special Meeting
September 2, 1997
Faster Seals Society of Washington Housing Modification - $18 989
This project will provide residential access modifications to low-income renters who have
a permanent disability.
King County Housing Authority - Shelcor Emergency Housing - $30,000
This project will rehabilitate an existing emergency housing project for low income,
homeless families.
The total for the Capital projects is $383,932.
The following Human Services applications were recommended for approval by the Human
Services Commission:
Community Health Centers of King.County - Kent Clinic ($18.877)
Community Health Centers of King County -Natural Medicine Clinic ($5.087)
Flderhealth Northwest- Connections Adult Day Care ($5.595)
Kent Emergency Feeding Program ($10 822)
YWCA Domestic Violence Transitional Housing (532.198)
The total for the Public (Human) Service funding portion of the Block Grant program is 572,579.
The last category in the CDBG Program is the Planning and Administration funding. It is
recommended that the current Planner's position of 60%CDBG and 40% general fund through a job
share position be changed to 100% CDBG beginning April 1, 1998. The total amount for the
Planner's position is estimated at $67,455.
The recommended actions are:
1. Approve the proposed 1998 Community Development Block Grant (CDBG) Program,
including its contingency plan, and forward for adoption to the full City Council.
2. Schedule a public hearing on September 16, 1997, for the full City Council to consider
adoption of the proposed 1998 CDBG Program.
Council member Tim Clark asked for an explanation for increasing the Home Repair Specialist from
.6 to .8 percent. Planner Sundvall explained there has been a general increase in demand because
of the annexations to the City. Council member Orr asked if rehabilitation to Turnkey Park would
be done in conjunction with other renovations planned for the park. Planner Sundvall felt all the
work would be done at one time.
City Council - Planning Committee Minutes
Special Meeting
September 2, 1997
Council member Tim Clark MOVED and Council member Leona Orr SECONDED the motion to
approve the proposed 1998 Community Development Block Grant Program including its
contingency plan and forward to adoption by the full City Council. Motion carried.
Council member Tim Clark MOVED and Council member Leona Orr SECONDED the motion to
schedule a public hearing on September 16, 1997 for the full City Council to consider adoption of
the proposed 1998 Community Development Block Grant Program. Motion carried. Jon Johnson,
by telephone, concurred approval of the 1998 CDBG Program.
PROPOSED TWO-YEAR FUNDING CYCLE FOR HUMAN SERVICES (K. Johnson)
Planner Katherin Johnson highlighted some of the major points in the proposal. She referred to the
schedule in the packet regarding the analysis and recommendation of the two-year funding cycle
and the pros and cons of a two-year funding cycle. The Human Services Commission recommends
that the City Council adopt a two-year funding cycle beginning in 1999. The following requested
actions are recommended:
1. Approval of a two-year funding cycle for General Fund Human Services dollars beginning
in 1999.
2. Forward this recommendation to the full City Council for consideration at its September 16,
1997, meeting.
Council member Tim Clark asked if there would be any affect on the basic services provided by the
City. Planner Johnson commented there would be no affect on any of the current providers or
programs.
Council member Tim Clark MOVED and Council Member Leona Orr SECONDED the motion to
approve the proposed two-year funding cycle for Human Services dollars beginning in 1999 and that
this item be forwarded to the full City Council for consideration at its September 16, 1997, meeting.
Motion carried. Jon Johnson, by telephone, concurred approval of this item.
ADJOURNMENT
The meeting adjourned at 4:17 p.m.
chlccpcmin9.2
MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING
JULY 159 1997
PRESENT: Jim Bennett, Chair Pat Fitzpatrick
Leona Orr Glenn Woods
Tim Clark Ed Crawford
Roger Lubovich Norm Angelo
Meeting called to order by Chairman Bennett at 5:12 p.m.
AMENDMENT TO SOAP ORDERS ORDINANCE
Senior Prosecutor Pat Fitzpatrick advised that this amendment to the SOAP ordinance,
which stands for Stay Out of Areas of Prostitution, has been requested to accommodate
the Del Mar annexation area. The Del Mar annexation encompasses an area of high
problems with prostitution related activities and crime. Since the SOAP ordinance was
originally enacted, some of these crimes have south on Pacific Highway. This
amendment will encompass the new area of Pacific Highway incorporated in the City of
Kent limits. It basically prohibits people who have been convicted of prostitution related
crimes or who have prostitution related crimes pending, from being in this area which has
been determined to be a high area of prostitution activity. Furthermore, there are a couple
of roads that are not part of the Del Mar annexation but are adjacent to the current SOAP
ordinance area, there are a number of apartments in that area and the apartment
managers have expressed a need and an interest in having those areas SOAPED (letters
are attached to the ordinance for review). Fitzpatrick added that the SOAP ordinance as it
stands has been a very effective deterrent in keeping prostitution related crime down in
the areas.
Clark commented that in reading the letters, he was a little surprised that he saw South
240th and asked exactly where that location was. Fitzpatrick explained it is coming back
down toward the hill, east of Pacific Highway and then it runs right into 30th Avenue which
basically branched off 240th. Clark further commented that we certainly want to
encourage citizens to take their own active interest and they have.
Leona Orr moved to approve the amendment to Section 9.02.312 of the Kent City Code
relating to prostitution loitering to add areas encompassed by the "Stay Out of Areas of
Prostitution" orders. Tim Clark seconded the motion. Motion passed unanimously (3-0).
ACCEPTANCE OF DONATION TO D.A R E. PROGRAM
Lieutenant Glenn Woods explained that on June 29 the DARE program was fortunate
enough to enter into a fundraising event with DARE America and the Kmart Corporation.
Kmart has recently taken on DARE projects across the country by being corporate
sponsors. The event was a lawn mower race, souped-up, sit down and ride-em style lawn
mowers for kids who raced around a track at the Kmart parking lot. The plan was for
every child that crossed the finish line, the Kent DARE program would receive $5.00. At
that end of the event, the amount of $5,000 was awarded to the Kent DARE program from
Minutes from Public Safety Committee Meeting
July 15, 1997
Page 2 of 3
the Kmart Family Foundation. This was presented immediately after the event on June 29
to supplement funding of Kent's DARE program.
Clark commented that he had an inquiry as to the costuming of the Panda bear. There
was apparently significant wear and tear to the costume and asked what the capability of
getting it repaired was. Woods advised that they have already explored that and have
found a costume maker in Portland, Oregon, the same costume maker that makes and
designs costumes for Disneyland. They have given a price of approximately $3,300 to
$3,500 to update the Panda costume and make it wearable even in the hot summer
months. Woods advised they are in the process of identifying where those funds are
going to come from right now as it is not within the current budget. Clark asked to be kept
updated. Clark further asked Chief Crawford to insure that a letter is written to Kmart to
express Kent's appreciation, commenting that its really nice to see local merchants take a
hand in a program as important as this. Crawford advised that it had already been done.
Orr commented that it looked like a lot of fun. Bennett commented that he and his
grandson drove by and were able to participate. And, if the weather had been anything
but inclement (like maybe a little sunshine) he was sure the numbers would have been
higher. The two times he drove by it was pouring down rain. Woods commented that they
hope to participate in it again next year.
Leona Orr moved to formally accept the $5,000 donation from Kmart Corporation, a DARE
America sponsor. Clark stated that he enthusiastically seconds that motion and Bennett
agreed. Motion passed unanimously (3-0).
OTHER
Bennett asked if either chiefs had anything to add to the agenda. Chief Angelo advised
that he did not. Chief Crawford advised that he would like to respond to questions from
last meeting regarding sight distances. He advised that they had checked on the areas
and informed the appropriate people. Bennett stated he would like to thank whoever
Chief Crawford persuaded to clear the vegetation from those intersections. Its made a
remarkable difference.
Leona Orr asked Chief Crawford what the police department's policy on speeding vehicles
was -- can any police officer stop a speeding vehicle? Crawford advised yes. Orr asked
why a police officer would follow a speeding vehicle very closely with both vehicles
speeding, never attempt to stop the vehicle and then go a different direction from the
speeding vehicle, no sirens, or anything. Crawford answered that not knowing the exact
circumstances, he could only give a hypothetical answer. Orr advised that it was on
Friday, July 11th, on SE 248th Street, which happens to be along a school, which is why it
really concerned her. Orr stated that her husband came home and complained that he
was behind the police officer's vehicle and both the police vehicle and the car in front of it
were doing over 45 MPH. He had intended to follow the police officer into the fire station
because he thought that's where the police officer was headed, but they continued down
Minutes from Public Safety Committee Meeting
July 15, 1997
Page 3 of 3
the street. Orr stated that speeding on that street is always periodically a problem and
she hates the idea that drivers are getting in the habit of whizzing down the street when it
won't be long before school starts up again. Crawford advised that several things could
have happened 1) the officer himself could have been speeding and not even noticed that
the car in front was speeding; 2) the car in front could have been speeding and the officer
behind could have been trying to go to a call that did not require lights and sirens; 3) the
officer could have been trying to get a pace on the car and then been called off to go to
something else and not made the stop; or any of ten other things. Orr stated that she felt
it was important to bring it up because it is on a street with a school, sometimes they do
have summertime programs for kids there, and its not a real safe street. Crawford stated
that they too should be accountable and he would take the message back to make sure
they try to communicate better.
Orr stated that on the flip side, in the recent past one of her neighbors' homes was broken
into and it was handled very efficiently and very quickly. Unfortunately for the burglar
everyone in the neighborhood was home and looking out for each other. Orr stated that
they not the most active Block Watch group in the city, but they do look out for their
neighbors and in this instance, it worked just like its supposed to. Crawford asked if the
burglar was caught; Orr advised that he was. Crawford stated that Orr's comments were
very valid and that's why they consistently ask people to just please call 911 if they see
suspicious people, suspicious cars, etc. so the police can get there and check it out.
Meeting adjourned at 5:27 p.m.
klr
MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING
AUGUST 19, 1997
PRESENT: Jim Bennett, Chair
Leona Orr
�►' Tim Clark
Ed Crawford
Numerous unidentified individuals in audience
Meeting called to order by Chairman Bennett. Bennett asked if there were anything to be
added to the agenda at this time. Tim Clark advised that he had a question about the jail.
Acceptance of Law Enforcement Education Partnership Program (LEEP) Grant
Chief Ed Crawford asked for approval of the LEEP Grant in the amount of $29,355 for the
Youth Conference. It would be for a two year period and would cover staff time,
professional services and teacher stipends for the Youth Conference.
Leona Orr moved to accept the grant. Tim Clark seconded the motion, indicating this is
truly a wonderful training exercise and its wonderful to see so many kids involved. Orr
also commented that it is very good. Crawford advised that they are excited about the
_ Youth Conference which is held in November and as it get closer, they will provide an
overview of what's happening. Orr further commented that she attended one of the first
conferences that was held about three years ago and it was very well attended. Motion
passed unanimously (3-0).
Acceptance of Washington Traffic Safety Commission Grant
Chief Ed Crawford advised that this is the 15th year that Kent has been active with the
Drinking Driver Task Force which was originally sponsored by the Washington Traffic
Safety Commission. Each year the cities that are involved with drinking driver task forces
receive state support. This year Kent will receive $28,012 and Crawford asked that the
Committee continue to support the program.
Leona Orr moved for acceptance of the Washington Traffic Safety Commission grant in
the amount of $28,012 for the Kent Drinking Driver Task Force. Tim Clark seconded the
motion. Motion passed unanimously (3-0).
AAooroval for Transfer of Funds - Police
Chief Ed Crawford advised the police department was approved through Criminal Justice
Funding last year to repair the firing range and do some other maintenance. There was
$10,000 left over which they would like to move to another fund to deal with range bullet
- trap installation. Crawford explained that this is a different type of installation to garner
the lead and other things from the bullets and is actually made from ground-up tires.
Crawford asked for approval to move the left over moneis from one fund to another to
cover this.
Minutes from Public Safety Committee Meeting
August 19, 1997
Page 2 of 4
Tim Clark recommended transfer of the funds. Leona Orr seconded the motion. Motion
passed unanimously (3-0).
Questions about the Jail
Tim Clark explained that he had received an inquiry from some police personnel
concerning the number of prisoners in the jail. Clark indicated that in talking earlier about
the number of prisoners coming through the facility, the assumption was we were going to
lose some of those prisoners because of the opening of the new federal facility. Clark
advised that it was his understanding that the facility was still not open. Chief Crawford
advised that was correct, and that it would probably be September or October before that
happens. Clark explained that one of the concerns expressed was specifically that there
were only three people on duty in the final lock down shift. Crawford explained that
minimum staffing is three people on shift, but numerous times there are four or five people
on shift. Clark further explained that there was, in fact, a fear that this was going to
become common practice. Clark asked how many cells there were. Crawford indicated
on what he classifies as the hard side there are beds for approximately 100 to 108 people.
Clark asked if they are currently double bunking. Crawford answered yes. Clark asked
what the total occupancy is right now. Crawford advised that total occupancy usually
averages between 140 and 160, but that includes work release and electronic home
detention. The hard side, where there is more security and more control, has been
running approximately 108 to 125. There have been people on the floor. Clark asked if
he was operating on the correct assumption that when the federal facility opens those
numbers are going to drop. Crawford answered yes, but indicated he thought the City
Council wanted him to run the corrections facility in an economical, cost-benefit fashion.
Crawford indicated that he has told the Council and the Mayor that he would insure that
the facility is a benefit to the City of Kent. Clark advised that he understood that, but he
was hearing expressions from staff that they feel uncomfortable with the facility being over
capacity -- temporarily is one thing, but if its a consistent pattern, that becomes yet
another problem. Clark indicated that he lacks a sense of what that does to staff, but
clearly the sense portrayed was that you've got one person in monitoring........Crawford
explained that with minimum staffing there is one person in booking, one officer in control
and one floor officer. Clark stated the issue was with only one on the floor, you have a
number of people double-bunked and you're stretching the limits, indicating they feel the
stress even if it doesn't exist. Crawford explained that there is a natural stress -- that's the
nature of the business. Corrections officers are in a stressful environment and they're
working around people that by their nature have some difficulties. Over the past two
years they have been given radios so they have immediate communication with the
control room, they have trained and carry appropriate spray, and there are rules and
orders as to how one proceeds into a dangerous situation. Clark indicated that he is
personally feeling a little uncomfortable with the numbers. He concurred with the earlier
decision, but is starting to look at it harder, expressing that he does want the facility
appropriately used and doing what we can to help our neighboring districts because that's
an obligation we have. He just wants to make sure that we're matching up what staff can
Minutes from Public Safety Committee Meeting
August 19, 1997
Page 3 of 4
do comfortably. Crawford advised that he monitors this consistently and over the past
year they have promoted two additional sergeants and put another person on staff.
Crawford further stated that if he thought for one moment there was a problem, outside of
the normal risks that corrections officers have to take, he would be back to Council in a
heartbeat.
Leona Orr expressed that her concern has been that we not over extend ourselves with
contracts with other districts. Crawford indicated that the biggest problem is with our own
prisoners. Orr indicated that she didn't need the numbers right now, but asked to be
provided with how many prisoners are from the outside and how many from inside. Orr
further stated that she understands and respects what is being done to generate funds
and to try to run the facility in the most efficient manner possible, but from her perspective,
safety has to be the top priority. So, if at any time there is the feeling that safety is in
jeopardy, Orr advised Crawford to please come back to them because she would be
willing to make some adjustments, if need be, to make sure all parties involved, from the
person walking by or the person inside, whether its an inmate or one of our own officers,
that their safety not be compromised or jeopardized. Orr further stated that dollars and
cents are great, but personal safety is the most important factor.
Clark advised that he would like to revisit this issue once the federal facility fully up and
running.
Bennett asked if the prisoners are locked down in their cells when the facility is in normal
operation. Crawford explained that may not necessarily be so. They have day rooms, the
recreation room and the library, and each of the different living arrangements have
different times out. Bennett asked if the officer on the floor has any sign of trouble do they
call the control officer who then locks it down or what would happen. Crawford explained
that they can do various things - they can control the area by locking it down immediately,
and, of course, they can call the police department and have backup. Bennett stated that
was his next question, asking if they could have backup there within a couple minutes if
there were any type of problem. Crawford advised yes. Bennett indicated that he was a
fan of the double bunking, has been down there on a few occasion on tours and this is the
first he's heard of any situation like Clark is talking about. Bennett indicated that its
getting to be almost like a business -- you've got the Regional Justice Center, the new
facility up at Seatac and our facility -- the federal people go to Seatac and other ones go
to other places and we may not have the amount of prisoners that we'd like to have to do
double bunking because there will be other avenues for them to go to. Crawford indicated
that was true.
Crawford explained that for the past six years his commitment has always been to run the
corrections facility in an efficient and effective way that allows the city to receive a benefit
for having their own jail. Crawford further stated that the city does not have to be in the
jail business. But, through the work time credit program, the garden, the volunteers and
the other programs that the corrections facility has been able to develop, plus the
Minutes from Public Safety Committee Meeting
August 19, 1997
Page 4 of 4
opportunity for officers to get into the facility and back out into their patrol district in a
quick manner, he feels it is in our best interest to have a jail. However, if at anytime
Council starts feeling that the facility is a burden for the city, either financially, safety-wise,
or personnel, then the city should not be in the jail business. Crawford explained that he
has asked that after the Regional Justice Center is in business for a couple of years that
the city do a cost benefit analysis, but for it to be done correctly we need to maximize the
benefit of our city jail.
Bennett asked if that answered all Clark's questions. Clark advised it says to him that we
are still in discussion.
Meeting adjourned by Chairman Bennett at 5:30 p.m.
klr
MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING
SEPTEMBER 16, 1997
PRESENT: Christi Houser, Acting Chair Roger Lubovich
Tim Clark Ed G1awford
Leona Orr Norm Angelo
Meeting called to order at 5:22 p.m. by Acting Chair Christi Houser.
Sewer Reimbursement from "Latecomers"/Budoet Chanoe
Chief Angelo explained that through the Public Safety Bond, the fire station, the police/fire
training center and a couple other facilities were built on the east hill. To put in those
facilities, they were required to bring in sewer lines. Part of that construction was to
require a latecomer agreement, which means when others develop and hook onto the line
they then have to accept some of the cost of the extension of that line. It happens over a
period of time and this will not be the last one. Because of the structure of the bond issue
its important that these funds go back to the point from which they came and be spent on
items that were identified in the public safety bond issue. To that end, there are two
accounts set up for items such as this. Half will go into the fire portion of the public safety
bond issue and half would go into the police portion. Through the regular budget and the
capital improvement budget you then determine which projects you allow these funds to
be spent on. Angelo requested to place this issue on consent calendar for the next
council meeting.
Orr moved to follow fire administration's recommendation that the budget change for the
distribution of funds from the October 24, 1996, receipted sewer connection in the amount
of $2,492.14 be placed on the Council Consent Calendar for approval at the next Council
meeting. Motion seconded by Tim Clark. Passed unanimously (3-0).
Jail Health Services Contract with Valley Medical Occupational Health Services
Chief Crawford explained that for the past several years the police department has
contracted with Valley Medical Center for health services at the jail and they have done an
excellent job. Crawford requested approval to extend the contract with Valley Medical
Center Occupational Health Services for an additional three years. In addition, they are
requesting to increase the work hours of the nurse practitioner by four hours per week
which will require an additional $25,000 over the life of the contract.
Clark moved to approve the request for contract extension with Valley Medical Center
Occupational Health Services. Orr seconded the motion, clarifying that does include the
changes in the budget. Clark specified the motion does include the budget changes that
go with it. Passed unanimously (3-0).
Minutes from Public Safety Committee Meeting
September 16, 1997
Page 2 of 4
Jail Food Services Contract with Consolidated Food Management
Chief Crawford explained that the Kent Corrections Facility has contracted with
Consolidated Food Management for the past several years and they too have done an
excellent job. Crawford requested approval to extend the contract with Consolidated Food
Management for another year, advising there-would be no additional costs associated with
the extension.
Orr moved to approve-the extension of the Kent Corrections Facility contract with
Consolidated Food Management through December 31, 1998. Motion seconded by Tim
Clark. Passed unanimously (3-0).
Washington State Criminal Justice Training Commission Contract for Services
Chief Crawford explained that Corrections Sergeant Sheila Knapp has been asked to, in
essence, take at least a two year leave of absence from the police department to instruct
at the State Criminal Justice Training Center. They instruct basic corrections classes for
jails, corrections facilities, and state institutions from throughout the state. The police
department currently has two employees there, Lieutenant Mike Painter who is the
commander of the police side of the academy and Officer Pat Lowery who is an instructor
with the basic police classes. The State of Washington will reimburse the City of Kent for
their wages during the period of time they are assigned there. Crawford explained that
this gives the individual officers an opportunity for a lot of training in terms of their own
upward mobility for skills in teaching and it also allows Kent to be a good partner with the
State of Washington by supplying instructors because Kent is so close. They look upon
the closer agencies to help them out so they don't have the per diem costs associated
with people travelling from other parts of the state. Crawford also explained that it is an
honor to help out and assist with these training processes at the Criminal Justice Training
Center. And, because the State reimburses the City for their wages, in essence, there is
no cost to the City. Houser asked if there would be somebody to replace Sergeant Knapp
during her absence. Crawford advised yes, they would be backfilling the position.
Tim Clark moved that the contract for services with the Washington State Criminal Justice
Training Commission be approved. Motion seconded by Leona Orr. Passed unanimously
(3-0).
U12date on Seniors for Seniors Program
Chief Crawford explained that prior to the next public safety committee meeting, the
Seniors for Seniors program would be up and running, and at a later date he would like to
have one of the senior volunteers come in to talk about the program. The Seniors for
Seniors program is designed to have volunteers go out on an assigned route every day to
check on the safety and well-being of seniors or other people that may need it throughout
Minutes from Public Safety Committee Meeting
September 16, 1997
Page 3 of 4
the community. Right now the police department is in the process of signing up both
volunteers and program participants.
Clark indicated that clearly as the population ages here, there will be more and more
people living in unassisted-type situations and advised that he thinks the idea is great, but
advised the issue will be the ability to get the message out to the public of what is
available. Clark asked if advertising for this program is being fed through the normal
outreach channels. Crawford advised yes, they have gone through the Senior Center,
Channel 28, word of mouth, etc. Crawford further explained that the program will be built
upon as it evolves, but in the beginning they will have a directory to handout with city
services available for people throughout the city. Clark advised that one of the main
contact points is the Home Repair staff and asked that they also be notified of the
program.
Orr stated that she looks forward to having someone come in later and talk more about
the program.
Crawford further indicated that they have a car that's marked and it will be out going
around the city, stating that they are very proud of the program.
Ordinance Relating to Warrant Checks
Roger Lubovich passed out an ordinance indicating that it was drafted in response to a
State Supreme Court decision that was issued August 28, 1997. Facts of that case are: A
Seattle police officer observed the defendant walking across the street jaywalking,
stopped the defendant for the infraction, did a warrant check and found he had an
outstanding warrant. The officer took him to jail on that warrant and as a result of going to
jail and incident to the jailing, a search revealed that he possessed heroin on him. He
was actually chat ged and convicted because of the heroin -- he was never cited for the
jaywalking offense. He challenged the conviction based on the fact that he was detained
for the warrant check which got him to jail in the first place and resulted in the heroin
charge. The court agreed, saying basically that the officer had no written authority
authorizing a detention on an infraction of a pedestrian for a warrant check. Lubovich
explained as he reads the case, you can do a warrant check as long as you are not
detaining the individual for the warrant check. In other words, if you're doing a check
incident to issuing a citation like on a traffic stop and it shows up a warrant while you're
processing that citation, that's probably okay. But just to detain somebody for the purpose
of doing the warrant check is an unreasonable detention or search -- an unauthorized
detention and therefore any evidence collected would not be able to be introduced in the
trial. Lubovich advised that he drafted this emergency ordinance to authorize police
officers to do warrant checks, but if the Legislature acts on it, obviously the ordinance
won't be needed. If the Legislature does not act on it, however, Lubovich advised that he
would like to propose the ordinance so that we are authorized under our own code to go
ahead and perform warrant checks.
Minutes from Public Safety Committee Meeting
September 16, 1997
Page 4 of 4
Clark asked if it would be best served that this Committee to go ahead and adopt the
ordinance pursuant to action taken by the Legislature. Lubovich explained that he's just
not sure what they're going to do with it. He assumes they are going to authorize it, but if
they come out with some other bill, he would have no way of knowing what the conditions
would be. Clark indicated that the language of the ordinance could read that it is in
conformance with State law. That way even if they do nothing we've got the ordinance
and its ready to go. Lubovich clarified that basically what they were looking for is to
authorize the emergency ordinance subject to conformance with State law.
Clark moved to authorize the emergency ordinance subject to conformance with State law.
Motion seconded by Orr. Orr clarified that Lubovich would be bringing this ordinance to
the Council meeting this evening for emergency action. Lubovich advised that was
correct. Orr stated that was not a problem, she agrees with it. Passed unanimously (3-0).
Houser advised that she thinks it is a good choice because we don't want to leave any
gaps.
Meeting adjourned at 5:36 p.m.
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