HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/06/1998 City of Kent
CityCouncil Meeting
Agenda
CITY OF
i
ti .r
l
Mayor Jim White
Councilmembers
Sandy Amodt Connie Epperly
Jim Bennett Leona Orr
Tom Brotherton Judy Woods
Tim Clark
January 6, 1998
Office of the City Clerk
CITY OF
SUMMARY AGENDA
srn:.v� KENT CITY COUNCIL MEETING
January 6, 1998
Council Chambers
7 : 00 P.M.
MAYOR: Jim White COUNCILMEMBERS :
Sandy Amodt Tom Brotherton Connie Epperly
Jim Bennett Tim Clark Leona Orr
Judy Woods
CALL TO ORDER
FLAG SALUTE
ROLL CALL
1. PUBLIC COMMUNICATIONS
A. Oath of Office — Mayor and Councilmembers
B. Employee of the Month
C. Introduction of Mayor' s Appointees
2 . PUBLIC HEARINGS
A. LID 349 — S. E. 223rd Street Sanitary Sewer
3 . CONSENT CALENDAR
A. Approval of Minutes
B. Approval of Bills
C. Water Treatment Facility Zoning Code Amendment Ordinance - 3386
D. Churches in M-2 Zoning District Zoning Code Amendment —
Ordinance — 338?
E. D.O.E. Grant for Shoreline Master Program -
Authorization
F. Country Club North Division 2 - Set Meeting Date
G. Land Use and Planning Board - Appointment
H. Drinking Driver Task Force - Appointment
I . Country Estates Condominiums Phase II - Bill of Sale
J. Country View Estates II - Bill of Sale
K. 1997 Sidewalk Rehab (West Gowe and North State Ave) -
Acceptance
L, ��Cccls p ABseNc_E Fck 8 a.- ,r_ T- 4DDET 6y nee
4 . OTHER BUSINESS
A. Cherrywood Final Plat
B. Glenn Kara Final Plat/Re-plat
C. /27-iq A;oR7�l /sours e)q1 y GAR y 15TZ J" R7-
5 . BIDS
None
6 . CONTINUED COMMUNICATIONS
7 . REPORTS
EXECUTIVE SESSION — Property Acquisition (2)
8 . ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent
Library.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City in advance for more information. For
TDD relay service call 1-800-635-9993 or the City of Kent(253) 854-6587.
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) Oath of Office - Mayor and Councilmembers
B) Employee of the Month
C) Introduction of Mayor's Appointees
Kent City Council Meeting
Date January 6 1998
Category Public Hearings
1. SUBJECT: LID 349 - S.E. 223RD STREET SANITARY SEWER
2 . SUMMARY STATEMENT: This date has been set for the public
hearing to establish the formation of LID 349, S.E. 223rd
Street Sanitary Sewers. The Public Works Director will give a
brief explanation of the project.
3 . EXHIBITS: Public Works Director memorandum and vicinity map
4. RECOMMENDED BY: Council 12/9/97
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. E_XPENDITURE REQUIRED: $
SOURCE OF FUNDS:
OPEN HEARING:
PUBLIC INPUT:
CLOSE HEARING:
7 . CITY COUNCIL ACTION:
Councilmember _moves, Councilmember seconds
to direct the City Attorney to prepare the necessary ordinance
creating the formation of LID 349, S.E. 223rd Street Sanitary
Sewers.
DISCUSSION: �Y)O
ACTION:-
Council Agenda
Item No. 2A
DEPARTMENT OF PUBLIC WORKS
December 11, 1997
TO: Mayor and City Council
FROM: Don Wickstrom
RE: LID 349 - SE 223rd Street Sanitary Sewer(113th Ave SE to 114th Pl. SE)
January 6, 1998 has been scheduled for the formation hearing for the above referenced LID project.
BACKGROUND
The City has received a petition for the installation of sanitary sewers on SE 223rd Street northeast of the
curves on Benson Highway (SR 516) as shown on the attached map. Subsequently, all property owners
within the project area were contacted and there appears to be adequate support to proceed with the
formation of the LID.
Initially,properties in addition to the area covered by the petition were contacted and asked to complete a
questionnaire expressing interest or disinterest in the project. The final LID boundary was based on the
responses with properties on 114th and 115th Place SE being deleted.
For the revised boundary, 12 (54.54%) expressed interest There were 5 (22.27%) that responded that they
did not want the project in addition to 5 that did not respond.
It is not known how many septic systems are technically in a state of failure, however input received
indicates that water problems in the area make it difficult for septic drain fields to function properly.
Several other comments were received. One owner thought it would be helpful if retired people on fixed
incomes would get a small break on the assessment, although he was still in favor. Another replaced his
drain field about 8 years ago and doesn't want the expense, however he suspects the entire area is having
septic problems. Another owner needed the sewer 30 years ago and couldn't get it but doesn't want the
expense at this time.
The Resolution of Intent was approved by City Council on December 9, 1997 which set the hearing date for
January 6, 1998.
PROPOSED IMPRO rEMENTS
The proposed project is the construction of an 8" sanitary sewer system with one 6" side sewer stub to the
right-of-way line for each of the 22 properties included in the LID boundary.
T/MV97331
Page ] of 3
The construction will include 8" sewer at the following locations: (see attached map)
ON FROM 14.
SE 223rd St Approx. 200 feet west 114th PI SE
of I I3th Ave SE
113th Ave SE SE 223rd St 223rd PI SE
223rd Pl SE 113th Ave SE West to end
I I3th PI SE SE 223rd St South to end
Also included is street and general restoration.
PROJECT FUNDING
LID $186,972.28
CITY 59,491.18
TOTAL $246,463.46
The LID share is composed of 22 assessments of$8,498.74 each.
This is an LID project, however City funding is being proposed for several reasons.
There are two properties on the north side of SE 223rd Street as shown on the map that are not included in
the LID. These properties are currently in Soos Creek Water and Sewer District,therefore we can't include
them in the LID. However, due to the circumstances, they should be serviced by Kent if a sewer is installed
on SE 223rd Street. The City proposes to fund the cost attributable to these parcels and establish a Charge
in Lieu of Assessment. Should these properties hook up in the future,they would pay a charge equal to the
per house LID assessment to reimburse the City. In any event, the LID assessments are reduced as there are
two additional properties to share in the cost.
Five of the properties currently with one house)are of sufficient size to allow further development. For
assessment calculations, these properties are considered as two connections since it appears that at least one
additional home could be constructed and connected to the sewer on South 223rd Street. The City proposes
to fund the cost of the second connection and establish a Charge in Lieu of Assessment which would be paid
should an additional connection be made in the future. This procedure minimizes the initial assessment for
these larger properties making it more feasible for the property owner to support the LID, especially if they
do not have development plans. However, should they have the need for additional connections, they will
be required to pay an appropriate share.
METHOD OF ASSESSMENT
Each property within the LID boundary receives an equal share of the total based on one residential side
sewer connection per parcel.
T/MV97331
•tee 2 of;
PAYMENT OF ASSESSMENT
Upon Council passing the Ordinance confirming the Final Assessment Roll, there is a 30-day period in
which any portion or all of the assessment can be paid without interest charges. After the 30-day period,
the balance is paid over a ten-year period wherein each year's payment is one-tenth of the principal plus
interest on the unpaid balance. The interest will be what the market dictates.
SUPPORT FOR LID 349
To defeat an LID proposal, there must be protest from property owners representing 60 percent or more of
the proposed LID assessments. The total project cost for calculating protest percentage is $186,972 28 for
which the 60%protest amount would be $112,183.37.
As indicated previously, there appears to be sufficient property owner support for the project with 54.54%
expressing interest through the questionnaire process. Should this level of support continue through the
public hearing process, it will then be a City Council decision whether or not to proceed with the LID
formation process and approve the LID formation ordinance.
.AZMXATION TO CITY
The proposed LID is located outside of the Kent City limits but within our sewer franchise boundary.
These properties will=be required to annex to the City prior to the LID formation. However, each person
applying for a sewer permit will be required to execute an Annexation No Protest Covenant. This means
that in the case of an annexation attempt, they will be counted as a "yes" vote and once enough covenants
have been signed, an annexation could proceed.
MANDATORY SEWER M—NUCTION
The City Code states that all residences whether within or outside the City limits, located within 200 feet
of a City of Kent sanitary sewer shall be required to connect to the sewer and shall be billed for the service.
The Code provides that compliance with this provision be within 90 days after the date of official notice to
do so. In the case of a public health or safety hazard compliance shall be within 20 days of official
notification.
Following construction of the project, should the LID be formed, the City will send each property owner
an official notice that the sanitary sewer service is available to the parcel and is within 200 feet of the house.
Following the compliance period, all properties which have not yet applied for a side sewer permit will
automatically be added to the sewer billing list.
EASEMENT AND RIGHT-0 F WAY ACQUISITION
The project will not require acquisition of easements or right-of-way. However, a King County Right-of-
Way permit will be required.
T/M V97331
Page 3 of 3
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CONSENT CALENDAR
3 . City Council Action:
Councilmember moves, Councilmember�/h� �2
seconds that Consent Calendar Items A through X be approved.
Discussion w -
Action C'Q' 7�
3A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of
December 91 1997 and of the Special Meeting minutes of
December 23, 1997 .
3B. Approval of Bills.
Approval of payment of the bills received through November 26
and paid on November 26, 1997, after auditing by the Operations
Committee on December 2, 1997.
Approval of checks issued for vouchers:
Date Check Numbers Amount
11/16/97 192627-192818 $ 317 , 590. 66
11/26/97 192819-193178 1,730, 047. 95
$2, 047, 638. 61
Approval of checks issued for payroll for November 16 through
November 30 and paid on December 5, 1997, with additional
checks issued for December 1 through December 15 and paid on
December 19, 1997 :
Date Check Numbers Amount
12/5/97 Checks 224135-224464 $ 289, 035.43
12/5/97 Advices 52436-53046 820, 684. 15
$1, 109,719 . 58
12/19/97 Checks 224465-224732 $ 237, 168. 35
12/19/97 Advices 53047-53560 716 , 617. 52
$ 953, 785.87
Council Agenda
Item No. 3 A-B
Kent, Washington
December 9, 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, Operations Director/
Chief of Staff McFall, City Attorney Lubovich, Fire Chief Angelo,
Police Chief Crawford, Public Works Director Wickstrom, Planning
Director Harris, Parks Director Hodgson, Finance Director Miller,
and Employee Services Director Viseth. Councilmember Bennett was
excused from the meeting. Approximately 85 people were in
attendance.
PUBLIC councilmember Johnson. Mayor White noted that
COMMUNICATIONS Jon Johnson has served the City of Kent for 20
years as a respected member of the Kent City
Council, and that he has been a quiet but
powerful force behind many issues and projects
which have benefited the City. He declared
December 13 , 1997 , as Councilmember Jon Johnson
Day in the City of Kent and invited all Kent
citizens to join him in expressing thanks and
appreciation to Johnson for his many years of
service and his valuable contributions to Kent
and its residents. The Mayor then presented
Johnson with an etched glass plaque.
Councilmember Johnson said Kent is a good city to
work for and raise a family in. He thanked his
family for their support, and he thanked the
current and past Mayors and Councilmembers.
Johnson also commended staff who have served
over the years. He expressed pride in the City
and encouraged all citizens to get involved in
public service.
councilmember Houser. Mayor White noted that
Councilmember Christi Houser has served as a
member of the Kent City Council for the past 12
years, and that she has been involved with many
major issues including recycling, Student Court
and the Drinking Driver Task Force. He declared
December 12 , 1997, as Councilmember Christi
Houser Day in the City of Kent and invited all
Kent citizens to join him in saying a sincere
Thank You to Ms. Houser for her many contribu-
tions to the City and its residents. He then
presented her with an etched glass plaque.
Councilmember Houser noted that the Council is
committed to doing the best for the City and
thanked them and the citizens of Kent.
1
Kent City Council Minutes
December 9, 1997
PUBLIC Emy oyee 0_L the Month. Mayor White announced
COMMUNICATIONS that Jan Cutting, Graphics Specialist in the
Information Services Department, has been
selected as Employee of the Month for December.
He noted that Ms. Cutting is the core production
person in her group and that she has accomplished
tasks that added to or improved the Department,
such as learning the Cable TV programming process
and PageMaker' s indexing feature. He then pre-
sented her with the Employee of the Month plaque.
Dea Drake, Ms. Cutting' s supervisor, said it is a
privilege to work with her, and that this honor
is very well deserved.
introduction of Mayor's Avoointoes. Mayor White
introduced the following appointees/reappointees:
Economic Development Corp. Ron Banister
Human Services Commission Brad Bell,Steve on
Land Use and Planning Board Jon Johnson
Drinking Driver Task Force Mike Buckingham
Bicycle Advisory Board Donna Gregory,
Steve Nuss
CONSENT HOUSER MOVED that Consent Calendar Items A
CALEN13AR through GG be approved. Woods seconded and the
motion carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. APPROVAL of the minutes of
the regular Council meeting of November 18, 1997,
and approval of a correction to the minutes of
the regular Council meeting of November 4 , 1997,
as follows:
Item 3B Approval of Bills
from: Check Numbers 50891-51412
to: Check Numbers 50890-51412
WATER (CONSENT CALENDAR - ITEM 3U)
Rent Sarin as Customer Removal Rater Mains.
ACCEPT the Kent Springs Customer Removal project
as complete and release retainage to Kar-Vel
Construction, Inc. upon standard releases from
the State, and release of any liens, as recom-
mended by the Public Works Director. The
original contract amount was $353 ,841.28 . The
final project costs was $334,601.86.
2
Kent City Council Minutes
December 91 1997
WATER The project consisted of 3, 174 LF of 8" and
1, 618 LF of 12" water main, 1, 122 LF of 1" water
service line for 30 services, 7 fire hydrants and
various related appurtenances.
(CONSENT CALENDAR - ITEM 3V)
Rent 02rincs Custoaor Removal Water Mains.
AUTHORIZATION for the Public Works Department to
establish a Charge in Lieu of Assessment for the
total amount of $261,829.47 distributed to the
affected properties as calculated, as recommended
by the Public Works Committee.
SEWERS (CONSENT CALENDAR - ITEM 3C)
LID 349 8 B 223rd Street Sanitary Savers.
ADOPTION of Resolution No. 1501 setting the hear-
ing date for January 6, 1998, to establish the
formation of LID 349, SE 223rd Street Sanitary
Sewers, as recommended by the Public Works
Committee.
PUBLIC WORKS (CONSENT CALENDAR - ITEM 3T)
Sale of Surplus vehicles. DECLARE certain
Equipment Rental vehicles no longer needed by
the City as surplus and authorize the sale
thereof at the next auction, as recommended by
the Public Works Committee.
(BIDS - ITEM 5B)
Green River Nursery Modular Classroom/Office/
Workroom. The bid opening for this project was
held on November 25, 1997, with three bids
received. The low bid was submitted by 21st
Century Builders LLC in the amount of $84,768.82.
The Engineer' s estimate was $97, 696. 56. The
Public Works Director recommends award to 21st
Century Builders LLC. JOHNSON MOVED that the
Green River Nursery Modular Classroom/Office/
Workroom Structure contract be awarded to 21st
Century Builders LLC in the bid amount of
$84,768.82. Woods seconded and the motion
carried.
RAILROAD (CONSENT CALENDAR - ITEM 3EE)
FRANCHISE Union Pacific Railroad Our Track Franchise.
ADOPTION of Ordinance No. 3380 relating to the
Union Pacific Railroad Spur Track Franchise.
The Union Pacific Railroad Company is currently
operating a spur crossing across S. 196th Street
3
Kent City Council Minutes
December 9 , 1997
RAILROAD west of the Boeing Defense property. Originally,
FRANCHISE Union Pacific Railroad obtained a franchise to
operate this spur in our right-of-way. However,
that franchise has expired by its own terms and
Union Pacific Railroad has not yet obtained a new
franchise from the City. This ordinance con-
stitutes an offer of a new franchise with the
City.
STREET (CONSENT CALENDAR - ITEM 3M) ADOPTION
VACATION S loath and 80th S Street Vacation.
of Resolution No. 1502 setting January 20, 1998,
as the public hearing date for the South 188th
and 80th South Street Vacation, as recommended by
Public Works Committee.
TRANSPORTATION (CONSENT CALENDAR - ITEM 3J
pacific Hic1b"y South State Davelovment
Proposal. CONCURRENCE with the State' s Accident
Reduction Proposal on Pacific Highway South of
constructing a median down the center thereof
from Kent-Des Moines Road (SR 516) to South 272nd
Street with appropriately spaced Left Turn/U-Turn
pockets as concurred with by the Public Works
Department, as recommended by the Public Works
Committee.
ANNEXATION (CONSENT CALENDAR - ITEM 3D)
ZONING Del Mar Annexation Area Initial Zoninc and
COmDrehenSiVO Plan AEea 9 tAZ-47-2 and
CPA-97-2) . ADOPTION of Ordinance No. 3372 relat-
ing to zoning and Ordinance No. 3373 relating to
comprehensive plan amendments for the Del Mar
Annexation. The City Council held public
hearings on October 7 and November 18, 1997.
REZONES (CONSENT CALENDAR - ITEM 3E)
Stonebrook Suites ROZOne RZ-97-3. ADOPTION of
Ordinance No. 3374 rezoning approximately
4. 6 acres related to the Stonebrook Suites
Rezone. The City Council approved this rezone
on November 18, 1997. The property is located at
the northwest corner of S. 182nd Street and 72nd
Avenue S.
(CONSENT CALENDAR - ITEM 3F)
old NAPA Store Rezone RZ-97-2. ADOPTION of
Ordinance No. 3375 rezoning approximately 13 , 632
square feet of property relating to the Old NAPA
4
Kent City Council Minutes December 9, 1997
REZONES Store Rezone. The City Council approved this
Zoning Code Amendment on November 18, 1997. The
property is located at 24728 36th Avenue South
(Military Road) .
ZONING CODE (CONSENT CALENDAR - ITEM 3G)
AMENDMENTS CM-2 zoning District Regulations ZCA-97-6.
ADOPTION of Ordinance No. 3376 amending the
zoning code relating to the CM-2 Zoning District.
The City Council approved this Zoning Code
Amendment on November 18, 1997 .
(CONSENT CALENDAR - ITEM 3H)
office (0) Zoning District Regulations ZCA-97-7 .
ADOPTION of Ordinance No. 3377 amending the
zoning code relating to Office(0) Zoning District
Regulations. The City Council approved this
Zoning Code Amendment on November 18, 1997.
(CONSENT CALENDAR - ITEM 3FF)
Planned Unit Development Zoning Code Amendment
#ZCA-97-3. ADOPTION of Ordinance No. 3381
relating to amendments to the Planned Unit
Development regulations in the Kent City Code, as
recommended by City Council Planning Committee on
November 18, 1997 . On August 19, 1997, the City
Council held a public meeting on this item to
consider the recommendation of the Land Use &
Planning Board's recommendation, and it was sent
to the Planning Committee for further review.
The revisions to the Land Use and Planning
Board's recommendation are outlined in the
August 19, 1997 memo to the City Council.
(OTHER BUSINESS - ITEM 4F)
Water Treatment Facility ZCA-97-8. The Land
Use and Planning Board has recommended amending
Kent Zoning Code Section 15. 02 . 178, modifying
the definition of "hazardous substance land use
facility" and the types of uses identified as
general conditional uses in Section
15.08. 030 (B) (1) . The Land Use and Planning
Board held a public hearing on this matter on
November 24, 1997.
ORR MOVED to approve the Kent Zoning Code
Amendment ZCA-97-8 as recommended by the Land
Use and Planning Board, and to direct the City
Attorney to prepare the necessary ordinance.
Woods seconded and the motion carried.
(Councilmember Epperly was out of the room and
did not vote. )
5
Kent City Council Minutes
December 91 1997
ZONING CODE (OTHER BUSINESS - ITEM 4G) The
AMENDMENTS c.n,rchas in M 2 $oninc D;strict 8CA-97-9.
Land Use and Planning Board has recommended
amending the Kent Zoning Code Section 15.08 . 020,
allowing churches in the M-2 zoning district.
The Land Use and Planning Board held a public
hearing on this matter on November 24, 1997 .
ORR MOVED to approve the Kent Zoning Code
Amendment ZCA-97-9 as recommended by the Land
Use and Planning Board, and to direct the City
Attorney to prepare the necessary ordinance.
Houser seconded and the motion carried.
(Councilmember Epp Y was out of
room
and did not vote. )
PLATS (CONSENT CALENDAR - ITEM 3R)
Cherrywood Final Plat YOU-95-9. SET January 6,
1997 , as the date for a public meeting to con-
sider a final plat application by Barghausen
Consulting Engineers, Inc. for the Cherrywood
Final Plat. The subject subdivision is 4.73
acres in size and is located at 26235 114th
Avenue SE. The City Council approved
provedJune 8the
1996.
Cherrywood preliminary p o
(CONSENT CALENDAR - ITEM 3S)
Glenn Rara Re Plat Final Plat FSII-96-13. SET
January 6, 1997, as the date for a public meet-
ing to consider a final plat application by
Barghausen Consulting Engineers, Inc. for the
Glenn Kara Re-Plat Final Plat. The subdivision
is nine (9) acres in size and is located at 9840
S. 222nd Street. The City Council approved
the
Glenn Kara re-plat preliminary p on Y
1996.
(OTHER BUSINESS - ITEM 4E)-96-18 o e,.io Stonecate
H�chiand Cross;nc FSII (Frm
Knolls) Final Plat. This date has been set to
consider the Highland Crossing Final Plat appli-
cation by Centex Homes. The 80-lot single family
residential final plat is located between 116th
Avenue S.E. and 120th Avenue S.E. , and south of
S.E. 240th Street, and is 10.25 acres in size.
The preliminary plat was approved by the King
County Hearing Examiner and upon annexation to
the City, the preliminary plat came under Kent's
jurisdiction and was approved by the Kent City
Council on June 4 , 1996.
6
Kent City Council Minutes December 9, 1997
PLATS ORR MOVED for final plat approval of the Highland
Crossing Final Plat (formerly called Stonegate
Knolls) according to the King County File No.
L95P0002, as recommended by Staff. Woods
seconded and the motion carried. (Councilmember
Epperly was out of the room and did not vote. )
CONDITIONAL (OTHER BUSINESS - ITEM 4J)
USE APPEAL Matlack Conditions nsa XD eal. This is a closed
record appeal hearing of the decision of the
Hearing Examiner, approving a conditional use
permit in favor of Matlack, Inc. The appeal is
brought by Richard J. Brooks. The property is
located west of 77th Avenue South at approxi-
mately South 202nd Street and is 134. 14 acres in
size. The conditional use permit was approved
subject to conditions outlined in the Hearing
Examiner' s decision dated July 31, 1997.
The Council must decide the appeal after review
of the written record and testimony at the
hearing.
City Attorney Lubovich explained that the rules
for appeal are stated in Resolution No. 896, and
that the oral argument will be confined to the
Hearing Examiner's record. He noted that the
appellants will have 30 minutes to present their
argument but may reserve time for rebuttal. He
also noted that the opponents will have 30
minutes to present oral argument. He explained
that the Council may ask questions of either
party or City staff for additional information,
and that the Council reviews the Hearing
Examiner' s decision under the following
standards:
1) The decision is based on substantial error;
2) Procedural irregularities materially
affecting the prior proceedings;
3) Decision unsupported by material and
substantial evidence;
4) Decision is in conflict with the City's
Comprehensive Plan (if applicable) ; and
5) Insufficient evidence was presented as to
the impact on the surrounding area (if
applicable) .
Lubovich stated that the action has to be based
on substantial evidence, and that the Council has
7
Kent City Council Minutes December 9, 1997
CONDITIONAL 1 of 3 options, after reviewing the record and
USE APPEAL listening to the testimony, as follows:
1. Sustain the findings and conclusions of the
hearing examiner and affirm the decision; or
2. Reverse the decision in whole or in part and
make bona fide findings as to why the
modification(s) ; or
3 . Remand it back to the Hearing Examiner for
further information.
Lubovich noted that counsel is present for both
parties with Mickey Gendler representing Richard
Brooks (the appellant) , and Roger Pearce for
Burton Brooks and Matlack, Inc. (conditional use
permit applicants) . He noted for Mayor White
that the appellant goes first and may reserve
time for rebuttal.
Mickey Gendler, of Bricklin and Gendler, ex-
plained that Mr. Brooks is not opposed to the
Matlack development but he feels the best course
for resolving the issues raised is to remand it
back to the Hearing Examiner for further informa-
tion. He noted that the land is industrial, and
that the Matlack proposal is consistent with the
zoning of the land. He further noted that
Mr. Brooks property is residential and that the
Hearing Examiner referred to it as being out of
place which is an unfair characterization because
it is possible, in their view, that industrial
and residential use can co-exist. Gendler noted
that Mr. Brooks wants Matlack to carry out the
project properly to protect against the effects
of hazardous spills, to provide proper storm
water management and drainage, and to protect
against flooding.
Gendler explained some of the historical perspec-
tive concerning this particular property and
noted that Mr. Brooks was asked by the Kent City
Council approximately 15-20 years ago to place
the land in a conservation program called the
Current Use Program which was generated by King
County. He noted that the City requested this
land remain as a wildlife habitat and a wetlands
so Mr. Brooks agreed to make application, the
City passed a resolution, and King County
approved it. He noted that at the end of the
Hearing Examiners decision for reconsideration,
8
Kent City Council Minutes December 9 , 1997
CONDITIONAL Ted Hunter commended Mr. Brooks for his environ-
USE APPEAL mental values but stated that if Mr. Brooks
thinks there is a need for wildlife habitat in an
industrial area maybe he should go to the City
Council for a change to the zoning. Gendler
noted that Mr. Hunter's comments disrespect the
history in which the City Council worked with
Mr. Brooks to accomplish that very purpose.
Gendler explained why Mr. Brooks feels there
has been insufficient consideration and evidence
about the impacts, and that the substance of
issues are: 1) buffer and screening, a visual
issue for some more protection of the adjacent
property; 2) Drainage and Detention; and 3) Plans
for dealing with hazardous spills, if and when
they occur. He noted that Mr. Brooks never
received notice of the City's Determination of
Nonsignificance (DNS) , and that, after it was
brought to the Hearing Examiner's attention, a
one page correction was issued by the Hearing
Examiner. He noted for Council that Mr. Brooks
does not contest the fact that he never received
the notice even though he was clearly entitled to
it. Gendler explained that the City's SEPA
ordinance states that the parties of record are
required to get notice, and it directs that the
notice be coordinated with other permanent
processes. He noted that Mr. Brooks is a party
of record but that he didn't find out about the
DNS until notice of the conditional use permit
was received, at which time Mr. Brooks promptly
made inquiries about the SEPA review but dis-
covered that he was too late to appeal. He noted
that the DNS contains some detailed technical
requirements specific to the drainage and storm
water management issues that concern Mr. Brooks,
but unfortunately, the DNS didn't resolve the
issues or have any significant impacts. He noted
that Mr. Brooks didn't get a chance to appeal the
DNS or comment, and won't have any role or voice
in the review of those plans when the detailed
drawings come in because they were just put off
beyond the SEPA process.
Gendler pointed out that some of the DNS require-
ments such as a downstream analysis for 1/4 mile
from the site have not been met. He noted that
the applicant has submitted a basin plan, storm
water calculations, and documents which should
9
Kent City Council Minutes
December 9, 1997
CONDITIONAL have contained the downstream analysis but
USE APPEAL didn't. He explained that it's important this
information be included because no one knows what
will happen when storm water is managed if the
downstream condition is unknown, or whether it
will discharge in the proper quantity and rate of
speed or back up. He noted that if it backs up,
it will be onto Mr. Brooks' property. He pointed
out that condition 5A of the DNS requires the
onsite detention ponds to be in accordance with
Kent Construction Standards which provides miti-
gation for potential storm water impacts, but
that the reports in the site plan submitted do
not meet the City's standards. He noted that it
is critical to have sufficient detention capacity
and pointed out that the applicant has calculated
a wet pond volume of 14, 000 cu. ft. is required
but the drawing shows it as 6500 cu. ft. He
stressed that 6500 cu. ft. is half of the volume
required which leaves them with half the volume
unmanaged and unaccounted for under the City's
own standards. He noted that the Kent
Construction Standards, on Page 5-17, for Valley
Development Detention criteria, (Section E)
states that the specific requirements of basin
plans shall supercede normal criteria, and that
one of those basin plans is the State's Storm-
water Management Manual for the Puget Sound Basin
which has been incorporated into the Kent
Standards. Gendler noted that the City Standards
were unavailable to thee: at the time of the
hearing because they we. ._ being revised to comply
with the State's standards for the Puget Sound
Basin but that both are the combined legal
requirements. He pointed out that the pond has
to have at least one slope surface of a maximum
of 6-to-1, six horizontal to one vertical, but
that Matlack's drawing shows all the slopes to be
3-to-1 which doesn't provide for the access
needed for the servicing of the ponds and which
is another violation of the requirements that
haven't been met. Gendler noted that the State's
plans require a liner to prevent infiltration,
overflowing emergency spillway, and a gravity
drain so that the pond can be emptied for
maintenance or other purposes, and that all these
things are simply missing from the reports. He
again emphasized that the pond was virtually too
small against the applicant's own acknowledgment
of 14, 000 cu. ft. that was needed. He noted that
10
Rent City Council Minutes December 9 , 1997
CONDITIONAL an artificially high CN or runoff coefficient
USE APPEAL was used which measures the ability of the land
before it becomes impervious to absorb water. He
explained that when the land is impervious it
absorbs no water so if it previously absorbed
water the lost storage capacity has to be com-
pensated. He further noted that if the land is
sandy soil, a coefficient of 55 should be used
but that Matlack used 81 which brings it much
closer to the impervious condition of 98 so less
capacity needs to be provided elsewhere to make
up for this impervious paved surface. He noted
that on July loth all of this was pointed out
along with the fact that Mr. Brooks is an
engineer but that the Matlack's representatives
just attacked Mr. Brooks' credentials to raise
the issue.
Gendler pointed out that substantial concern was
raised in regard to an event happening when it's
raining which would obviously increase the
quantity of spilled materials and make it more
difficult to manage. He noted that the appli-
cants have not demonstrated their ability to
control it or clean it up properly. Gendler also
noted that one of the Hearing Examiner's condi-
tions stipulated that before construction can
begin everything in his letter had to be answered
but the problem is they get to answer it later
and Mr. Brooks doesn't get to see the answer. He
further noted that there are no assurances the
answer given will be the right one and that
Mr. Brooks disagrees with this aspect of the
public participation. Gendler agreed with the
Hearing Examiner in that if the professionals do
their job everybody comes out fine, but if they
don't, then there are good reasons to be fearful
that the public participation wasn't enough to
protect individual rights. He noted that
Mr. Brooks is asking for this issue to be re-
manded back to the Hearing Examiner to get these
questions answered now. He opined that it would
be better for Matlack to go ahead and do their
plans now in final form so that everybody can see
what's going on, be able to determine whether
these things really provide proper drainage and
storm water management, or if a spill of
hazardous materials occurs, that it would be
controlled. He reiterated that for these
reasons, Mr. Brooks is asking for the matter to
11
Kent City Council Minutes December 9 , 1997
CONDITIONAL be remanded, questions answered, and if the
USE APPEAL answers are right, let them go ahead with their
expansion at that time. There were no questions
asked of Mr. Gendler by the Council. Mayor White
asked the Clerk to note that Mr. Gendler is
reserving the rest of his time for rebuttal.
Roger Pearce, of Foster, Pepper and Sheffelman,
noted that he represents Matlack, Inc. , the
permit applicant. He explained that Mr. Vince
Heldt, who is the terminal manager and has been
employed by Matlack, Inc. for the last to years,
is present to answer any questions the Council
may have about what' s in the record regarding the
property, the use and the surroundings. He noted
that Mr. Dana Mower, who is the engineer for the
project and the applicant, and also the engineer
for the drainage district, can read plans and
verify for Council that those plans are abso-
lutely consistent. He noted that the plans have
also been checked by the City, and that the storm
water drainage issue is not an issue because this
project will help any of the backup problems in
the area. He explained that the evidence at the
hearing showed a 36" culvert which backs up water
onto Mr. Brooks property and the Matlack property
when it rains extensively, but that Matlack is
installing a 721, culvert to take the grade off of
it which stops the branches from plugging it up,
and that it will actually cure the drainage and
water problems in the area.
Pearce noted that the issue tonight is an appeal
of the decision of the Kent Hearing Examiner, and
that it is important to realize where we are in
the process. He noted that this issue is in the
conditional use permit stage, with more addi-
tional permits required such as a grading permit
and final design of all the storm water plans by
Public Works. He noted that the Hearing Examiner
explicitly recognized this and that Mr. Brooks is
not shut out from making comments because he can
go down right now and look at the final design of
the storm water plan which is a public works plan
and comment to Public Works on it.
Pearce pointed out that Mr. Gendler has already
litigated an identical case to the Supreme Court
(Opal vs. Adams County) where the conten--ion was
that there wasn't enough detail in the pans. He
12
Kent City Council Minutes December 9, 1997
CONDITIONAL explained that the court noted it was only in the
USE APPEAL use permit phase of this proceeding but that
later on, at the permit phase, the County will
review the more detailed portions of that plan.
Pearce noted that the Matlack project has a
wealth of detail because the project has taken
so long, and that there were some significant
environmental issues to resolve doing the
project. He explained that a small stream had to
be moved, and that a significant amount of work
was done to locate the new rail lines on the
property. He noted that the Kent Hearing
Examiner did an admirable job after the hearing,
after evidence from Mr. Brooks and his Counsel,
evidence from Mr. Heldt and Mr. Mower, all the
records from the City's permitting process, and
all the SEPA records were presented. He noted
that leaving the record open for 15 days so that
Mr. Brooks could comment on the plans, and the
decision on reconsideration were very complete,
very thorough, as the Hearing Examiner went
through all of the City's criteria and approved
the conditional use permit. He noted that
Council's review of the Hearing Examiner's
decision is highly deferential under the
substantial evidence and standard review because
the Hearing Examiner is the person who is in the
best position to judge the evidence and the
credibility of the witnesses. He noted that the
evidence fully supported the Hearing Examiner's
decision.
Pearce stated that Mr. Brooks raised three main
issues as follows: 1) Storm Water Management
Design; 2) Mitigation for glare, lighting from
the facility; and 3) Mitigation of noise from the
facility. He briefly mentioned the noise and
lighting issues. He explained that the relevant
facts were discussed in the staff report and that
the conditional use permit is to expand an
existing facility. He noted that Matlack, Inc.
is a bulk rail truck transfer facility, an
allowed use in the M-3 zone, which is the most
intense industrial zone in the City, and that
this property is also designated as industrial in
the new City Comprehensive Plan. He explained
that the reason the conditional use permit is
required is because the facility handles bulk
hazardous materials such as hydrogen peroxide.
He noted that the proposal does not add any
13
Kent City Council Minutes
December 9, 1997
CONDITIONAL buildings, but it adds four rail sitings for
USE APPEAL loading and off-loading materials to and from
trucks. He noted that the only noise associated
with this business is the daily drop of rail cars
by Union Pacific, and the movement of trucks
arriving and departing the site. He stated that
the evidence at the hearing showed noise from the
adjacent rail lines is much more intense than the
noise from the facility. Pearce noted that there
is a Union Pacific Rail line along one side of
the property on 77th Street with the Burlington
Northern Rail line right along the other side.
He pointed out that the existing land uses in the
area range from light to heavy industrial facili-
ties such as the Seattle Auto Auction, Western
Processing, and a Puget Sound Energy Substation
that is located in very close proximity to the
site. He noted that the only property with a
residence is Mr. Brooks' rental house which is on
the property to the south of Matlack, Inc. He
explained that the rental house is
locatedis on the
far south edge of the property a
by wetlands and a stream relocation to serve as a
big buffer for the property. He stated that
Mr. Brooks' property is 370, from the furthest
south proposed rail line and immediately adjacent
to an industrial facility which manufactures
compost. He noted that the M-3 zoning allows all
these types of facilities, except residences, but
that Mr. Brooks' house is a grandfathered use
that would not be allowed in this area today. He
explained that grandfathered uses and non-
conforming uses are disfavored under the City's
current zoning code and that the site is served
by a watermain and Metro.
Pearce explained that in April the City mitigated
a Determination of Nonsignificance that was based
on a lengthy and complete environmental review
report which, in turn, was based on detailed
environmental studies including a thorough
wetlands and soil study that was submitted to the
City by Matlack. He noted that the MDNS con-
tained 16 very detailed conditions to mitigate
any potential environmental impacts from this
proposal including sharing the costs of improving
traffic corridors, detailed drainage plans for
improvement by Public Works that show the
collection, conveyance, treatment, storage and
release to a lo0-year post development storm
14
Kent City Council Minutes
December 9, 1997
CONDITIONAL water condition in compliance with the Kent City
USE APPEAL Code construction Standards. He noted that
Matlack is required to construct a storm water
treatment system in accordance with the Kent
Construction Standards to mitigate potential
impacts to storm water quality; that all culverts
are required to be upsized from 36" to 72" which
is four times in volume; that they are required
to execute a declaration of storm water and
facilities management covenants prepared by the
City; and that they are also required to incor-
porate best management practices according to the
United States EPA Ecology Emergency Spill/Cleanup
Requirements. He explained that there are
existing best management practices at the site
now as well as an emergency response plan. He
noted that Mr. Heldt and Mr. Jackson had testi-
fied at the hearing that there has never been a
significant spill at the Matlack site. He
explained to the council that conditional uses
are a flexible zoning tool where actual permitted
uses in the zone may need to be conditioned in
order to make them more suitable to a particular
location. He noted that under Washington Law a
local government is required to grant a condi-
tional use permit if the impacts are no greater
than uses permitted outright in the zone. He
noted that the uses allowed in the M-3 zone
include plywood manufacturing plants, machine
tool manufacturing plants, motor vehicle and
aircraft manufacturing plants, and sawmills. He
explained that the only reason Matlack needs a
conditional use permit is because they are
handling hazardous materials. He noted that the
primary issue before the Council is whether the
proposed expansion of this existing use in the
industrial zone is compatible with uses allowed
in the zone and with the general surroundings.
He also noted that the Hearing Examiner had the
opportunity to review that evidence including all
the storm drainage reports, the preliminary storm
drainage reports in detail, and had a chance to
hear and view the witnesses which included
Mr. Mower and Mr. Heldt. He noted that unless
there is a flaw in the Hearing Examiner's
decision, unless there is a part of it that's
not supported by substantial evidence, he would
urge the Council to approve it. He noted that
the Hearing Examiner determined all the condi-
tional use permit criteria are met, and that in
15
Kent City Council Minutes December 9 , 1997
CONDITIONAL the Hearing Examiner's conclusions the specific
USE APPEAL issues raised by Mr. Brooks and raised again by
Council were discussed. He noted that lighting
has not really been an issue but that all of the
lighting is directly inward, directional
lighting, away from the south and away from
Mr. Brooks' property. He noted that the Hearing
Examiner found that the buffering would mitigate
the noise issue and both the State and City
regulations control noise. He noted that the
Hearing Examiner found no credible evidence there
were any odor impacts from the Matlack operation,
and that the Hearing Examiner determined that the
City and Matlack provided sufficient measures to
insure proper storm water drainage. He noted
that the backups have been eliminated by over-
sizing the pipes or culverts leading out from the
Matlack property. He also noted that the Hearing
Examiner still imposed additional conditions to
create a detailed, storm management plan and
updated emergency management procedures. Pearce
explained that the notice of the DNS issuance is
not appealable to the Council and therefore not
before the Council. He noted that on the merits,
however, it is going to show that the City did
give notice. The City's SEPA notice provisions
were followed to the letter. He noted that the
City's SEPA Notice provisions are in Section
11. 03. 340 which requires posting the property,
advertisement in the newspaper, and giving mailed
notice to those who are a party of record, who
have asked to be given notice on this proposal.
He explained that Mr. Brooks was not a party of
record in April, or through the SEPA proceeding
at all, and did not become a party of record
until the conditional use permit proceeding. He
noted that there was no legal requirement from
mailed notice, and that because Mr. Brooks'
property is a rental house, it is not surprising
that he was unaware of the signs posted but that
the City' s sign procedures were followed.
Mr. Pearce noted that regarding the issue of
storm water mitigation, the testimony that the
Hearing Examiner chose to believe was that the
proposed use would actually improve the backup of
storm water, and that the project will comply
with the City's provisions for storm water
retention, treatment, and release. He noted that
16
Kent City Council Minutes December 91 1997
CONDITIONAL the City's Public Works staff agreed that this
USE APPEAL will work, that it is a feasible preliminary
plan, and that at the use phase of this permit-
ting process it is the plan needed. Mr. Pearce
noted that Mr. Mower checked the drawings and
confirmed that they are consistent. He noted
that Mr. Gendler's characterization of the
drawings is incorrect, that the drawings are
consistent, and that the drawings before the City
Public Works Department now are more detailed
with the final plan in front of the City ready
for review of the final storm water approval and
for the grading permit phase of this permitting.
He called the Council's attention to the legal
matter of Opal vs. Adams County in which the
Court held that an EIS was adequate for the use
permit phase of landfill and permitting, not-
withstanding the deferral of additional more
detailed studies to the operating phase of that
permitting process. He noted that the Hearing
Examiner had before him the preliminary storm
water management plans of which both the City and
the applicant's engineer had testified that they
were feasible. He noted that the Hearing
Examiner weighed the evidence, decided that
these plans were feasible and that the storm
water drainage system would work.
Pearce noted that there is no credible evidence
in the record that there are hazardous waste
spills, that there are dangerous spills, or that
the spills will not be controlled. He noted that
Matlack has a detailed, spill control and
response plan in place and that they take this
very, very seriously. He noted that it is their
business and very costly if accidents happen so
they do their absolute best to control it. He
noted that the facility has to be lit 24 hours a
day because Matlack wants the public and their
drivers to be safe, they don't want anything
going wrong with the trucks when they go out on
the road.
Pearce noted that in respect to the coefficient
of water runoff, it is the kind of detailed issue
that happens at the final planning phase, but
that Mr. Brooks stated the soils on the site
infiltrated faster than Matlack had calculated
them. Pearce explained that it means that
Matlack oversized the detention facilities even
17
Kent City Council Minutes
December 9 , 1997
CONDITIONAL though the City's requirements are to calculate
USE APPEAL it as per original conditions. He noted that the
Hearing Examiner chose to believe the profes-
sional civil engineers' work that was based on
the soil logs and the onsite study.
Gendler noted that the Opal vs. Adams County case
was mentioned twice by Pearce in which he stated
that the case stands for the proposition that if
you consider something at the use permit stage,
the details can be put off until later. He noted
that the case actually stands for the proposition
that if there is an environmental impact state-
ment that studies things at the use permit stage
sufficient to make a siting decision and there
is going to be a second environmental impact
statement, that the public will get a chance to
comment on, then some of the other details can be
put off for later. He noted that Mr. Brooks
didn't even get one impact statement or one
chance to comment as is required by the Supreme
Court's decision in the other case. He further
noted that the case really demonstrates the
difference between an ample public process or one
that just cuts out the people most affected. He
also clarified that there are two residences
right across the street from the Matlack property
so Mr. Brooks is not the only one being affected.
Gendler pointed out for the Council very specific
reasons about things Matlack has not done but are
required to do by the DNS, and that Matlack ran
away from the evidence. He noted that the record
shows the applicant, not Mr. Brooks, stated that
the soils were sandy and that is why they wanted
a variance. He also noted that Pearce mentioned
that sandy soils need more detention capacity to
replace something that has a greater capacity to
absorb the water coming down with something
impervious which is stated wrong. Gendler noted
that these kinds of things can be cured by
remanding the issue back to the Hearing Examiner.
Pearce clarified for the Council that Matlack
handles hazardous substances on this site not
hazardous waste and that he wanted to get the
written record straight. Lubovich pointed out,
for the record, that the Council has before them
the MDNS that has been issued as well as the
18
Kent City Council Minutes December 9, 1997
CONDITIONAL proof of publication, and he suggested that it be
USE APPEAL made a part of this record. ORR MOVED to make
the documentation a part of the record. Woods
seconded and the motion carried.
Upon Orr's question, Matt Jackson from the
Planning Department noted that the staff report
has a map which is shown as the site plan for a
variance dated July 2nd. He explained that there
are four proposed rail spurs on the south pro-
perty line of the proposed Matlack conditional
use permit, and that Mr. Brooks' property is also
located to the south. He noted that the channel
shown is a relocated stream bed, and that there
is a wetland on the southwest corner. He also
noted that the Hearing Examiner's condition was
to buffer the south property with 10 ft. of
landscaping. Upon Orr's question, Jackson noted
that the Hearing Examiner recommended the land-
scaping with his own research but that the zoning
code requires that a type 2-3 landscaping between
two uses which are considered incompatible. He
noted for the Council that when the City was
reviewing the conditional use permit application
they were not approving a building permit or
issuing a zoning permit for that project so there
is additional review that will happen on this
project. He explained that grading is the first
process and that the start of this process has
been put on hold pending the outcome of the meet-
ing tonight as well as approval of the variance.
Jackson noted that there will also be a building
permit required to put in rail spurs at which
time the standards and the zoning code will be
applied, and that these require additional
screening in types, closer spacing than what is
shown on the landscape plan. Matt Jackson
concurred with Orr that Type 2 landscaping would
probably be used. Jackson noted that the wetland
and buffer area will be in its natural state, and
that the detention facility and the drainage will
be in a vegetative area. He noted that the 70
ft. area will not be developed with any permanent
surfaces and will remain in its natural vegeta-
tion state. He noted that the area that would
have a view corridor would have to be mitigated,
and that the condition from the Hearing Examiner
says the south property line. Upon Orr's
question, Jackson noted that the property is
approximately 370 ft. across at the southern
portion of the land, and that approximately 100
ft. would not be the natural wetlands.
19
Kent City Council Minutes
December 9, 1997
CONDITIONAL ORR MOVED to sustain the findings and conclusions
USE APPEAL of the Hearing Examiner and affirm the decision.
Johnson seconded. Johnson explained that Council
reviews the Hearing Examiner's decision based on
certain standards, and in those certain standards
and the reason he seconded the motion is because
he couldn't find that there was a substantial
error, procedure irregularities, the Hearing
Examiner' s decision was unsupportive by material
or substantial evidence, that it was in conflict
with the City's Comprehensive Plan, or that there
was insufficient evidence presented as to the
impact of the surrounding area. He noted that
all five of those decisions need to be sustained
based on the evidence presented at the Hearing
Examiner's hearing. He also noted that based on
the testimony which was given at both the hearing
and the appeal tonight, he had to vote to sustain
the Hearing Examiner' s decision. There was no
further discussion and the motion then carried
unanimously.
EMS LEVY (OTHER BUSINESS - ITEM 4C)
Emarconcy Medical 8aswicfte Lew. State law
requires authorization by the City of Kent before
the King County EMS levy can be placed on the
ballot. The proposed resolution authorizes King
County to place this question on the February 3 ,
1998, election and further encourages King County
to seek alternative funding for EMS in the
future, and calls for the creation of the EMS
Financial Planning Task Force which shall be
charged with developing recommendations for
future funding. The proposed levy is not to
exceed $0.29/$11000 assessed value for a period
of three years.
McFall explained that the County feels
February 3rd is the best opportunity to achieve
validation of the measure. He noted that there
is a very strong commitment that this is not a
levy-supported service but more of a basic
service. He said the proposed resolution calls
for the creation of a review committee that will
have significant representation from cities, so
that they will be involved in discussions and
recommendations as to future funding. He pointed
out that if this passes in February, it will be a
tax levy which begins in 1999, and that funding
for Kent's share of the program for 1998 will
come from reserves.
20
Kent City Council Minutes December 9 , 1997
EMS LEVY McFall noted for Orr that there is no guarantee
that within the three year time period a proposal
will be in place, but that the proposed resolu-
tion encourages such. Orr opined that this
should be resolved within two years so that a
program is in place by the end of the third year.
It was noted that Council will be kept aware of
the progress being made.
Fire Chief Angelo noted that this is a highly
valued service and that over 70% of the popula-
tion is willing to support it. He stated that
Fire service is committed to finding solutions,
and upon Orr's suggestion, said that a presenta-
tion explaining the levy to citizens could be
made at a Council meeting in January.
JOHNSON MOVED to approve Resolution No. 1503
authorizing the County-wide ballot proposition
for funding of emergency medical services. Woods
seconded. She then thanked Chief Angelo and
Mr. McFall for their time seeking a solution to
this emergency, and said that now is the time for
the County to anticipate providing this as a
regional service. She added that if this comes
back, it may be necessary for the City and other
jurisdictions to consider providing their own
Medic One program. Johnson's motion then
carried.
SATURDAY (OTHER BUSINESS - ITEM 4D)
MARKET Rent Saturday Market Letter of Agreement, and
Public Development Authority. The Kent Saturday
Market has presented a proposal that would allow
the City to assist the Market to develop the old
Dunn Lumber "Barn" site into a new year-round
downtown Market. This proposal asks the City to
create a statutory Public Development Authority
that would receive title to the Barn property.
The PDA would receive the property through a note
and deed of trust, together with a partial dona-
tion from the City. The PDA would then obtain
separate financing and grants to redevelop the
site. Once completed, the Kent Downtown Partner-
ship would lease the property from the PDA, and
the leasehold proceeds would be used to payoff
existing debts.
21
Kent City Council Minutes
December 9 , 1997
SATURDAY Linda Johnson of the Kent Downtown Partnership
MARKET answered questions from Orr regarding the size of
the booths, profits from the bakery, and fees,
and noted that there will be a commissary on site
as well as health department approved bathrooms.
She explained that food such as meat, milk and
cheese must come from a commissary or proper
kitchen facility, and that a true farmers market
needs to have 60% farm-based products and 40%
craft-based products. McFall noted for Orr that
money the City has invested will be reimbursed by
the sale of long term bonds which is programmed
into the 1998 debt issuance. He explained that
the Public Development Authority would allow the
City to transfer title of the property to this
PDA which then would lease to the Downtown
Partnership. He noted that the total value in
property and cash is $600,000, which the City
would not recoup, and that the City would have a
structure which has been improved, but for a
specific type of use which benefits from a rustic
atmosphere.
JOHNSON MOVED to authorize the Mayor to enter
into the ,Memorandum of Understanding between the
City of Kent and the Kent Downtown Partnership,, ,
and to direct the City Attorney to draft the
necessary ordinance to establish a Public
Development Authority organized to support the
development of a new location for the operation
of a full time downtown market in downtown Kent.
Woods seconded.
Woods pointed out that downtown renovation has
been one of the Council' s top priorities, and
that this project will return great dividends for
the downtown area. She stated that this puts the
City out on a limb, but that the Council is
confident that the Downtown Partnership will meet
the challenge. Orr voiced concern about
approving this item tonight, stating that she
would like more information as to the dollar
amounts of the bakery potential, the meat market
potential and the produce which would be
available year around. She said she is
uncomfortable with not having figures as to how
much is available for debt service and additional
expenses. Clark agreed that there is risk
involved, but that many discussions have been
held and a commitment has been made to support
22
Kent City Council Minutes December 9, 1997
SATURDAY the Downtown Partnership. ORR MOVED to table
MARKET this item until the first meeting in January.
Houser seconded. Upon a roll call vote, the
motion died for lack of a majority, with Epperly,
Houser and Orr in favor and Clark, Johnson and
Woods opposed.
Johnson's motion to authorize the Mayor to sign a
Memorandum of Understanding and to establish a
Public Development Authority carried with Clark,
Johnson and Woods in favor, Epperly, Houser and
Orr opposed, and Mayor White breaking the tie
with a vote in favor.
PARKS & (CONSENT CALENDAR - ITEM 3N)
RECREATION King Count, open Space Bond Fund, Clark Lake
Wetland. ACCEPTANCE of the balance of $20, 155
remaining in the 1989 King County Open Space Bond
Fund and amendment of the Clark Lake Wetland
budget.
The $20, 155 balance remaining in the 1989 King
County Open Space Bond Fund has become available
to Kent due to the annexation. As approved by
the Parks Committee, staff recommends accepting
these funds and amending the Clark Lake Wetland
budget.
(CONSENT CALENDAR - ITEM 30)
Sale of Jean Austin Property. APPROVAL to sell
the Jean Austin property and amend the Playground
Equipment budget with the revenue for future
renovation, acquisition or development.
On November 18, 1997, Council accepted 0.27 acres
of land donated by Kent citizen Jean Austin. The
property was appraised at $48, 000. As authorized
by the Parks Committee, staff recommends selling
the property and using the profit to amend the
Playground Equipment budget to fund future play-
ground renovation, acquisition or development.
(CONSENT CALENDAR - ITEM 3P)
Park Land Acquisition Budget. ACCEPT $148, 000
in interest accrued in the Park Land Acquisition
Account and amend the budget for future land
acquisition.
As authorized by the Parks Committee, staff
recommends acceptance of this interest and
23
Kent City Council Minutes
December 9 , 1997
PARKS & amending the Park Land Acquisition Account budget
RECREATION in order to purchase additional land in the
future.
(CONSENT CALENDAR - ITEM 3Q)
Boos Creek Trailhead Quit Claim Deed to King
County. APPROVAL of the it claim deed to King
County for the Soos Creek Trailhead property and
to forward the documents to Mayor White for
signature.
The Soos Creek Trailhead parcel was inadvertently
included in the annexation of Lake Meridian Park
to the City of Kent. As approved by the Parks
Committee, King County requests that a quit claim
deed be executed to become legal owner of the
soos Creek Trailhead again.
GOLF COURSE (OTHER BUSINESS - ITEM 4H)
Golf Course Automation Contract. Beginning in
September of 1997 , representatives from S. S.M.D. ,
along with City Staff from Parks, Finance, and
Information Services departments began a process
to select a replacement computer system for the
Golf Complex. A written Request for Information
was issued followed by a formal Request for
Proposals. Software demonstrations were con-
ducted both on site and at the business offices
of the top two vendors.
The selection team unanimously chose National
Business systems, as the preferred vendor for the
Golf Complex Cashiering Automation System.
Finance Director Miller pointed out information
on this item was not ready at the last Operations
Committee meeting, but that the process was
extensive and that there was a good selection.
WOODS MOVED to authorize the Mayor to sign a
contract with National Business Systems to
provide an automated cashiering system and
related equipment, training and support at the
City Golf Complex, in an amount not to exceed
$38,219 . 33 , after contract negotiations have been
completed and approved by the City Attorney.
Johnson seconded and the motion carried.
(Councilmember Epperly was out of the room and
did not vote. )
24
Kent City Council Minutes
December 9, 1997
GOLF COURSE (OTHER BUSINESS - 4I)
aiverbend Golf Man* *Went AcreeWent. The City
Council authorized staff to negotiate a contract
with S.S.M.D. Enterprises for the management of
the Riverbend Golf complex beginning January it
1998. Staff from the City and S.S.M.D. are
finalizing the details of a contract for manage-
ment of the golf complex.
Parks Director Hodgson said that staff from the
City and from s.S.M.D. have recently spent a
great deal of time on this contract and that the
contract is objective rather than subjective. He
said it contains language and attachments which
specify levels of service and hours of operation.
He stated that S.S.M.D. will begin to contract
with Nevada Bob's and that they will maintain a
minimum level of merchandise as well. Hodgson
said that quarterly reports to the City Council
are specified in the contract in terms of perfor-
mance and revenue expectations. He said he
believes this will be a win-win contract, in that
the City will be able to cover debt service as
well as maintenance and operation, and be able to
provide funds for capital improvements. He said
they have entered into an agreement that they
will mutually develop a new pro shop on the
driving range side if revenue expectations are
met. He pointed out that responsibility for that
construction and the debt of the loan will be on
the contractor.
McFall commended Mr. Hodgson, the City Attorney,
and the representatives from S.S.M.D. for their
work in negotiating this contract, and requested,
since the contract is not complete, that authori-
zation be subject to final review and approval by
the City Attorney.
WOODS MOVED to authorize the Mayor to finalize
and sign a contract with S.S.M.D. Enterprises for
the management of the Riverbend Golf Complex
beginning January 1, 1998, subject to final
review of the City Attorney. Orr seconded and
the motion carried.
COUNCIL (CONSENT CALENDAR - ITEM 3GG)
(ADDED BY COUNCIL PRESIDENT HOUSER)
council Absence. APPROVAL of an excused absence
from tonight's meeting for Councilmember Bennett
who is unable to attend.
25
Kent City Council Minutes
December 9, 1997
LEGISLATIVE (CONSENT CALENDAR - ITEM 3L)
tate Lecislat;ve l�aenda. ADOPTION of the
AGENDA 1998 S
1998 State Legislative Agenda as offered at the
November 19, 1997 City Council meeting, with
minor modifications included in the December 9 ,
1997 City Council agenda packet.
POLICE (CONSENT CALENDAR - ITEM 3K)
Local Law Bntorcement Block Grant for Domestic
Violence. ACCEPTANCE and approval of disburse-
ment of grant funds for domestic violence
programs as outlined in the grant application, as
recommended by the Public Safety Committee. The
City has been informed that the U.S. Department
of Justice, Bureau of Justice Assistance (BJA)
has approved the City's application for funding
under the Local Law Enforcement Block Grants
(LLEBG) Program, in the amount of $62 , 462. This
Grant Award has been designated for enhancement
of the City' s response to crimes of domestic
violence, with portions of the funds going to
both the Kent Police Department and the City
Attorney's Office. The grant requires a ten
percent (10%) matching contribution which is
budgeted in the City Attorney's 1998 budget.
As one of the conditions of the Grant Award, a
public hearing was held on November 18th to
solicit public comment on the disbursal of
these funds.
PERSONAL (OTHER BUSINESS - ITEM 4K)
WATERCRAFT Personal Watercraft. On May 6, 1997, Council
adopted Ordinance No. 3348 regulating the
operation of personal watercraft on Lake
Meridian. As part of its motion, the Council
directed that the regulations contained in the
ordinance be reviewed after September 15, 1997 .
The Public Safety Committee, after having con-
sidered the matter, directed that an ordinance be
prepared to allow personal watercraft to be
operated on Lake Meridian, with the same restric-
tions throughout the year as placed on personal
watercraft from May 16th through September 15th.
The proposed amendment, would allow personal
watercraft to operate at speeds in excess of
eight miles per hour between the hours of
12: 00 noon and 6:00 P.M. on even number days of
the calendar throughout the year.
26
Kent City Council Minutes
December 9, 1997
PERSONAL ORR MOVED to adopt Ordinance No. 3385 relating
WATERCRAFT to the operation of personal watercraft on Lake
Meridian, as it is presented in the Council
packet this evening. Houser seconded.
Clark noted that this ordinance was passed out of
the Public Safety Committee without a recommenda-
tion to the Council and pointed out that the
issue has been divisive within the community. He
noted that the citizens who live on the lake
wanted action and that an ordinance was put into
effect this summer which rotated the days jet
skis would be used. He said he is at odds with
the ordinance which has been brought forward. He
explained issues relating to this such as noise,
use of the shoreline, and taking advantage of
boat wakes. He pointed out that the Growth
Management Act was adopted in 1991, which deals
with population growth, demands on land and
greater urban density. He noted that the
Comprehensive Land Use Plan also says there will
be greater density. He said that as more and
more boats are jammed onto Lake Meridian, there
is the risk of less and less civil behavior,
which is the issue. He emphasized that peoples
rights should be respected. He said that every-
one he spoke to in the area agreed that the
situation had improved even though it was only a
partial restriction. He said the proposed
ordinance would cause greater disruption in the
neighborhood.
Lubovich explained for Houser that jet skis would
be able to operate on even-numbered days through-
out the calendar year at high speeds only between
the hours of noon to 6:00 p.m. He noted that
according to Ordinance No. 3348 , jet skis could
operate at high speeds from noon to 6:00 p.m. in
the summer season. Houser questioned the number
of tickets issued by Police on the lake and
Epperly said that 13 citations were given but it
was not identified whether those were jet ski
operators. Orr noted that the proposed ordinance
says that vessels exceeding speeds of 8 mph shall
remain at least 200 feet from the shoreline
and 100 feet from other vessels and swimmers.
Lubovich confirmed that this applies to all
vessels. Woods said she feels the lake is too
small for excessive speed and noise, and voiced
concern that with this ordinance there will not
27
Kent City Council Minutes
December 9, 1997
PERSONAL be a boat patrol on the lake, which increases the
WATERCRAFT , public safety concern.
The motion died for lack of a majority, with Orr,
Houser and Epperly in favor and Clark, Johnson
and Woods opposed.
Woods suggested bringing this issue back to the
first meeting in January for resolution. There
was no opposition. Mayor White asked the Council
to consider, as a compromise, extending the
length of time for jet skis from the first of May
until the first of October instead of going year
around, citing budget impacts of the patrol.
APPOINTMENTS (CONSENT CALENDAR - ITEM 3Z)
Economic DOV010 ent Corporation. CONFIRMATION
m
of the Mayor's reappointment of Ron Banister to
continue serving as a member of the Kent Economic
Development Corporation Board of Directors.
Mr. Banister's new term will continue until
12/31/2001.
(CONSENT CALENDAR - ITEM 3AA)
Human Services Commission. CONFIRMATION of the
Mayor's reappointment of Brad Bell to continue
serving as a member of the Kent Human Services
Commission. Mr. Bell's new term will continue
until 1/1/2001.
CONFIRMATION of the Mayor's appointment of Steve
R. Anderson to serve as the non-voting agency
representative to the Commission. Mr. Anderson
is the Executive Director of the Children's
Therapy Center. He has been an agency provider
in Kent for the past 10 years and will bring his
valuable experience and expertise to the
Commission.
Mr. Anderson will replace Mary Lou Becvar, whose
term will expire on 1/1/98. Mr. Anderson' s
appointment will begin January 1, 1998 and
continue to January 11 2000.
(CONSENT CALENDAR - ITEM 3BB)
Land Use and Planning Board. CONFIRMATION of the
Mayor's appointment of Jon Johnson to serve as a
member of the Land Use and Planning Board.
Mr. Johnson served as a member of the Kent City
Council for 20 years and is familiar with Kent
28
Kent City Council Minutes December 9, 1997
APPOINTMENTS issues and long term planning. He will bring a
wealth of experience to the Board and will be a
valuable asset.
Mr. Johnson will replace Tom Brotherton, who will
vacate his position on the Board as he begins his
term as a City Councilmember. Mr. Johnson' s new
term will become effective 1/1/98 and continue to
12/31/2000.
(CONSENT CALENDAR - ITEM 3CC)
Drinking Driver Task Force. CONFIRMATION of the
Mayor's reappointment of Mike Buckingham to con-
tinue serving as a member of the Kent Drinking
Driver Task Force. Mr. Buckingham' s new appoint-
ment will continue to 1/1/2001.
(CONSENT CALENDAR - ITEM 3DD)
Kent Bicycle Advisory Board. CONFIRMATION of the
Mayor's reappointments of Donna Gregory and Steve
Nuss to continue serving as members of the Kent
Bicycle Advisory Board. New appointments for
Ms. Gregory and Mr. Nuss will continue to
12/31/1999.
EMPLOYEE (CONSENT CALENDAR - ITEM 3I)
SERVICES Worker Compensation Program Contract.
AUTHORIZATION to renew the Worker Compensation
Third-Party Administrator Contract with Scott
Wetzel Services, Inc. for 1998 .
MAINTENANCE (BIDS - ITEM 5A)
Uniform and Linen Services. On December 2, 1997,
the Operations Committee recommended award of a
three-year contract for uniform rental and linen
laundry services to Unifirst Corporation in the
amount of $52,295. 72. Bids were opened on
October 8, 1997. JOHNSON MOVED to authorize the
Mayor to sign a three-year contract with
Unifirst Corporation to service the City's
laundry requirements. Orr seconded and the
motion carried.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. APPROVAL of payment of the
bills received through November 14 and paid on
November 14, 1997, after auditing by the
Operations Committee on November 18, 1997.
29
Kent City Council Minutes
December 91 1997
FINANCE Approval of checks issued for vouchers:
Date Check Numbers Amount
10/31/97 192116-192260 $ 505,747.56
11/14/97 192261-192626 1 250. 365.50
$1,756, 113 .06
A vroval of checks issued for Aavroll for
November 1 through November 15 and paid on
November 20, 1997:
Date Check Numbers Amount
11/20/97 Checks 223840-224134 $ 241, 891.91
11/20/97 Advices 51938-52435 713 ,252 .16
$ 955, 144.07
(CONSENT CALENDAR - ITEM 3W) ADOPTION
petty Cash ordinance and Chance Fund.
of Ordinance No. 3378 increasing the per Cash
Fund portion of Ordinance No. 3159 from $1, 500
to $1,800, as recommended by the Operations
Committee at their December 2, 1997 meeting and
as recommended by the Operations Committee at
that meeting, authorization to change the Change
Fund authorization limit from $15 to $25.
(CONSENT CALENDAR - ITEM 3X)
Accounts Receivable Write-offs. AUTHORIZATION to
write-off uncollectible accounts receivables for
1997 in the amount of $4 , 114.95, as recommended
by the Operations Committee at their December 2 ,
1997 meeting.
(CONSENT CALENDAR - ITEM 3Y)
1997 Budget Adiustment. ADOPTION of Ordinance
No. 3379 amending the 1997 Budget for budget
adjustments made after July 1, 1997, as recom-
mended by the Operations Committee at their
December 21 1997 meeting. This technical
housekeeping adjustment totals $9, 203 , 403 and
approves a line of credit in an amount not to
exceed $200, 000 to cover housing and community
development costs at year-end until they are
reimbursed by King County.
(OTHER BUSINESS - ITEM 4A)
1998 property Tas Lev9. At their December 2 ,
1997, meeting, the Operations Committee
recommended adoption of two ordinances for
property tax for 1998 : (1) an ordinance
30
Kent City Council Minutes December 9, 1997
FINANCE establishing the tax levy for the General Fund
of $15, 190,951. 00 and the Debt Service Funds of
$1, 834, 090.00 for 1998 , and (2) an ordinance per
Referendum 47, stating the public hearing date
and the amount of increase over the allowed 1997
taxes levied which is $275,291 at 1. 9 percent.
Finance Director Miller noted that since the
Operations Committee meeting, she received the
tax levy amounts from King County. She noted
that there is an adjustment of an additional
$22,715 which is included in the ordinance. She
said this is a slight decrease in the levy, and
pointed out that the 1.9% levy is one of the
lowest. JOHNSON MOVED to approve Ordinance
No. 3382 establishing the property tax levy
amount of $15, 190, 951. 00 for the General Fund and
$1,834,090.00 for the Debt Service Funds for
1998; and to approve Property Tax Ordinance
No. 3383 increasing the property tax amount by
$275,291.00 which is 1.9% over the taxes levied
the previous year. Woods seconded and the motion
carried.
(OTHER BUSINESS - ITEM 4B)
1998 Budget. The Operations Committee has
recommended adoption of the 1998 Budget. The
Budget is the Preliminary Budget document plus
the technical correction approved at the
November 18, 1997, Operations Committee meeting.
The Budget is in balance and includes an 8 . 6
percent General Fund reserve of $4, 342,346.
Finance Director Miller said that after the
Operations Committee meeting, they were able to
come up with enough money to increase the fund
balance back to 10% and that this technical
correction is in the amount of $689, 329 .00. She
confirmed for the Mayor that the reason the
reserve is down is in anticipation of the EMS
levy. City Attorney Lubovich pointed out that
new Exhibits A and B have been distributed to
Councilmembers.
JOHNSON MOVED to adopt Ordinance No. 3384,
including the new exhibits, adopting the Final
1998 Budget. Orr seconded. Orr noted that
Council has not yet received crime statistics
which were requested previously, and expressed
hope that the Council would have the option of
31
Kent City Council Minutes
December 91 1997
FINANCE reviewing the budget in the first quarter and
making adjustments if necessary. The Mayor and
Miller agreed to that.
The motion then carried.
REPORTS Public Aork� Committee. Clark reported that
there will probably not be a meeting the third
week in December.
plan�ina Committee._ Orr announced that the
Committee will not meet until after the first of
the year. She wished Councilmembers Johnson and
Houser good luck and commended them for their
efforts on the Council.
Administ ftiy i Reflorts. The Mayor said it has
been a pleasure working with Councilmembers
Houser and Johnson over the years, thanked them
for their contributions, and said he looks
forward to working with them in some capacity in
the future.
EXECUTIVE At 9:40 p.m. , McFall noted that there will be a
SESSION brief executive session.
The meeting reconvened at 9:55 p.m. and
adjourned.
Brenda Jacober, CMC
City Clerk
32
Kent, Washington
December 23 , 1997
A special meeting of the Kent City Council was called to order at
4:03 p.m. by Mayor White. Present: Councilmembers Epperly,
Houser, Johnson and Woods, City Attorney Lubovich, and Finance
Director Miller.
Kent Highlands Landfill Litigation. Mayor White stated that the
purpose of this meeting is to discuss a settlement claim
concerning the Kent Highlands Landfill.
At 4:05 p.m. the meeting recessed to an Executive Session of
approximately 10 minutes.
The meeting reconvened at 4: 12 p.m. JOHNSON MOVED to approve the
settlement in Seattle vs. Kent, U.S. District Court Cause No.
C96-0037C, known as the Kent Highlands Litigation:
(1) Authorizing payment of $1.25 million to Seattle to be
paid prior to noon December 30, 1997, with $625, 000
payment from the City' s liability insurance fund, and
the insurance reimbursable portion of $625, 000 from the
Central Services Fund Automation Project;
(2) Approving insurance contributions for no less than
fifty percent of the settlement amount; and
(3) Authorizing the Mayor and the City Attorney to enter
into settlement agreements and releases, including full
site releases with affected insurance companies, as
well as any other documents necessary to finalize the
settlement,
all subject to final review and approval of the City Attorney.
Houser seconded and the motion carried.
The meeting adjourned at 4 : 14 p.m.
Donna Swaw
Deputy City Clerk
Kent City Council Meeting
Date January 6 1998
Category Consent Calendar
1. SUBJECT: WATER TREATMENT FACILITY ZONING CODE AMENDMENT
ZCA-97-8 - ORDINANCE
2 . SUMMARY STATEMENT: Adoption of Ordinance No.
"hazardous substance land use
modifying the definition of
facility" in Section 15. 02 . 178 of the Kent City Code and
modifying the types of uses identified as general conditional
uses in Section 15. 08. 030 (B) (1) . The City Council approved
this Zoning Code Amendment on December 91 1997 .
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: city Council
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3C
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Section 15.02.178 and
amending Section 15.08.030(B)(1) of the Kent Zoning
Code.
WHEREAS, in 1992 the Safe Water Drinking Act mandated that all water
systems be tested for lead and copper; and
WHEREAS,the City of Kent performed an analysis of its system which it
completed in 1995 and concluded that the City construct treatment facilities to improve
overall water quality in its system; and
WHEREAS, the proposed method of treatment is "liquid feed," utilizing
caustic soda(sodium hydroxide),which is defined as a hazardous substance under both the
City zoning code and the Washington Administrative Code; and
WHEREAS,the two proposed treatment facilities are located in zones which
do not permit the use of"hazardous substances"; and
WHEREAS,alternatives to the liquid feed caustic soda have been evaluated
by the City and its consultants, but such alternatives are not cost effective, practical or
create the chance of contamination problems; and
WHEREAS, the Kent Planning Committee reviewed the matter at its
meeting on October 21, 1997; and
WHEREAS,the Committee recommended that the matter be referred to the
Land Use and Planning Board for review and recommendation; and
WHEREAS, the Land Use and Planning Board reviewed the alternatives,
reports, and recommendations pertaining to the proposed water treatment facilities and
recommended alternative number three at its hearing on November 24. 1997; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I. Section 15.02.178 of the Kent Zoning Code is hereby
amended as follows:
Section 15.02.178. Hazardous substance land use facility. Hazardous substance
land use Facility means the projected line enclosing the area of all structures and lands on
which hazardous substance land use activities occur, have occurred in the past or will occur
in the future. This does not include the application of products for agricultural purposes.
or the use storage or handling of hazardous substances used in public water treatment
facilities.
SECTION2. Section 15.08.030(B)(1) of the Kent Zoning Code is hereby
amended as follows:
Sec. 15.08.030. General conditional uses.
A. Purpose. It is the purpose of this section to identify certain types of land uses
that usually require relatively greater freedom of location than other uses restricted to
certain districts by this title. General conditional uses may be allowed in the various zoning
districts following the procedures in this section 15.09.010. General conditional uses may
have one (1) or all of the following characteristics:
1. Public necessity requires such use in all or several districts.
2. Their technical, operating or service characteristics are such as to make it
impractical to restrict their location only to certain districts.
3. Although they fit the description in subsections 1. and 2. of this section,
their impact or effect on the immediate neighborhood or vicinity in which
they are located may be detrimental in the absence of adequate performance
standards, development controls or good site planning.
It is, therefore, the purpose of this section to reconcile potential conflicts between public
necessity of certain uses and their possible detrimental effects on other uses.
B. Types of uses identified. The uses identified for the purpose of this section will
generally fall into several broad categories, as follows:
1. Utility, transportation and communication facilities. Includes electrical
substations, pumping or regulating devices for the transmission of water,
(including,public water treatment facilities),gas, steam,petroleum,etc.,bus
stops, transit stations, etc.
2. Public facilities. Includes firehouses, police stations, libraries and
administrative offices of governmental agencies.
3. Open space uses. Includes cemeteries, parks, playgrounds, golf courses and
other recreation facilities, including buildings or structures associated
therewith.
4. Drive-in churches; welfare facilities. Drive-in churches, retirement homes,
convalescent homes and other welfare facilities (excluding group homes
class 1, II and III as defined in section 15.02.173), whether privately or
publicly operated, facilities for rehabilitation or correction, private clubs,
fraternal lodges, etc.
5. Schools. Primary and secondary schools, vocational schools and colleges,
whether privately or publicly operated.
SECTION 3. - Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION 4. - Effective Date. This Ordinance shall take effect and be in
force five (5) days after passage and publication as provided by taw.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED: day of 1997.
APPROVED: day of 11997.
PUBLISHED: day of 11997.
I hereby certify that this is a true copy of Ordinance No. passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P"U.A W\ORDINANC%CONDUSES.ORD
4
T-)
Kent City Council Meeting
Date January 6 1998
Category Consent Calendar
1. SUBJECT: CHURCHES IN M-2 ZONING DISTRICT ZONING CODE
AMENDMENT ZCA-97-9 - ORDINANCE
2 . SUMMARY STATEMENT: Adoption of Ordinance No. to allow
churches in the M-2 zoning district, under Section 15. 04 . 180 (B)
of the Kent City Code. The City Council approved this Zoning
Code Amendment on December 91 1997 .
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: Cit Council
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3D
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the Kent Zoning Code to
allow churches in the M2 zoning district (ZCA-97-9).
WHEREAS,on October 9, 1997, a regulatory review applicant proposed an
amendment to the Kent Zoning Code, Section 15.04.180(B),to add churches as a special
permit use in the Limited Industrial (M2) zoning district; and
WHEREAS, under current zoning, churches are not permitted uses in the
M2 zone; and
WHEREAS, October 21, 1997, the City Council Planning Committee had
a regularly scheduled meeting at which the applicant testified that its church was located
at 835 North Central Avenue, a location which has split zoning, i.e., that part of the site is
zoned General Commercial (GC) and part of the site is zoned Limited Industrial(M2); and
WHEREAS. the Kent Planning Committee recommended that the matter
be referred to the Land Use and Planning Board for a review and recommendation; and
WHEREAS, the Land Use Planning Board considered the proposed
amendments at its public hearing on November 24, 1997, and moved to recommend tha
churches be allowed in the M2 zone as a special permit use; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON.DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 15.04.180(B) of the Kent Zoning Code is hereby
amended as follows:
Sec. 15.04.180. Limited industrial district, M2. The purpose of the M2 district
is to provide areas suitable for a broad range of industrial activities whose characteristics
are of a light industrial nature. The permitted uses are similar to those of the industrial park
district, but the development standards are not as restrictive. However, development
standards are aimed at maintaining an efficient and desirable industrial area.
A. Principally permitted uses. The following list is illustrative of the types of
permitted uses and is not intended to be exclusive:
1. Manufacturing, processing, assembling and packaging of articles,
products or merchandise from previously prepared natural or
synthetic materials, including but not limited to asbestos, bristles,
bone, canvas, cellophane and similar synthetics, chalk, clay
(pulverized only, with gas or electric kilns), cloth, cork, feathers,
felt, fiber, fur, glass (including glass finishing), graphite, hair, horn,
leather,paints(except boiling processes),paper,paraffin,plastic and
resins, precious or semiprecious metals or stones, putty, pumice,
rubber, shell, textiles, tobacco. wire, wood, wool and yarn.
2. Manufacturing, processing, treating, assembling and packaging of
articles,products or merchandise from previously prepared ferrous,
nonferrous or alloyed metals (such as bar stock sheets, tubes, and
wire and other extrusions), including light foundry casting and
forging operations and other forming operations.
3. Printing, publishing and allied industries, including such processes
as lithography, etching, engraving, binding, blueprinting,
photocopying, film processing and similar operations or activities.
1)
4. Manufacturing, processing, blending and packaging of the
following:
a. Drugs, pharmaceuticals, toiletries and cosmetics.
b. Food and kindred products, such as confectionery products,
chocolate, cereal breakfast foods, bakery products, paste
products, fruits and vegetables, beer, beverages (except
fermenting and distilling),prepared food specialties (such as
coffee, dehydrated and instant foods, extracts, spices and
dressings),previously butchered meat or seafood packaging,
freezing and processing (excluding rendering, curing,
canning or slaughtering) and similar products.
C. Dairy products and byproducts such as milk, cream, cheese
and butter, including the processing and bottling of fluid
milk and cream and wholesale distribution.
5. Warehousing and distribution facilities and the storage of goods or
products, including rail-truck transfer facilities.
6. Crop and tree farming.
7. Administrative or executive offices which are part of a predominant
industrial operation.
8. Scientific research, testing and experimental development
laboratories.
9. Establishments engaged in electronic, automotive, aerospace,
missile, airframe or related manufacturing and assembly activities,
including precision machine shops producing parts, accessories,
assemblies, systems, engines, major components and whole
electronic or electrical devices, automobiles, aircraft, missiles,
aerospace or underwater vehicles or similar products, but
specifically excluding explosive fuels and propellants.
10. Manufacturing. processing, assembling and packaging of precision
components and products, including precision machine shops for
products such as radio and television equipment, business machine
equipment, home appliances, scientific, optical, medical, dental and
drafting instruments, photographic and optical goods, phonograph
records and prerecorded audiovisual tape, measurement and control
devices, sound equipment and supplies, personal accessories, and
products of similar character.
11. Headquarters offices of industrial operations.
12. Alcoholic beverage processes, such as distilling and fermenting.
13. Retail and service uses as listed in this subsection. These uses are
intended primarily to serve the needs of the industrial area, are
compatible with the permitted types of industrial uses, and will not
interfere with the orderly development of the industrial area. Such
uses shall be limited to twenty-five (25) percent of the gross floor
area of any single- or multi-building development. Retail and
service uses which exceed the twenty-five (25) percent limit on an
individual or cumulative basis shall be subject to review
individually through the conditional use permit process. (See
subsection 15.04.180 D.3.)
a. Retail trade uses.
(1) Merchandise vending machine operators.
(2) Tires, batteries and accessories (industrial sales).
(3) Eating places, except drive-ins or those with drive-
through facilities.
b. Service uses.
(1) Finance, insurance and real estate services.
(a) Banking and related services.
(b) Security brokers and dealers and related services.
4
(c) Commodity brokers and dealers and related
services.
(d) Insurance carriers.
(e) Insurance brokers and agents and related
services.
(f) Real estate operators, lessors and management
services.
(g) Real estate agents and brokers and related
services.
(h) Real estate subdividing and developing services.
(i) Housing and investment services.
(2) Personal services.
(a) Linen supply and industrial laundry services.
(b) Diaper services.
(c) Rug cleaning and repair services.
(d) Photographic services.
(e) Beauty and barber services.
(f) Fur repair and storage services.
(3) Business services.
(a) Advertising services (general).
(b) Outdoor advertising services.
(c) Consumer and mercantile credit reporting
services, and adjustment and collection services.
(d) Direct mail advertising services.
(e) Stenographic services and other duplicating and
mailing services.
(f) Window cleaning services.
(g) Disinfecting and exterminating services.
(h) News syndicate services.
5
(i) Employment services.
0) Food lockers, with or without food preparation
facilities.
(k) Business and management consulting services.
(1) Detective and protective services.
(m) Equipment rental and leasing services.
(n) Automobile and truck rental services.
(o) Motion picture distribution services.
(p) Travel agencies.
(4) Repair services.
(a) Electrical repair services.
(b) Radio and television repair services.
(c) Reupholstery and fumiture repair services.
(d) Armature rewinding services.
(5) Professional services.
(a) Medical and dental laboratory services.
(b) Legal services.
(c) Engineering and architectural services.
(d) Educational and scientific research services.
(e) Accounting, auditing and bookkeeping services.
(f) Urban planning services.
(g) Counseling services.
(6) Contract construction services.
(a) Building construction, general contractor
services.
(b) Plumbing, heating and air conditioning services.
(c) Painting, paperhanging and decorating services.
(d) Electrical services.
6
(e) Masonry, stonework, tile setting and plastering
services.
(f) Carpentering and wood flooring.
(g) Roofing and sheetmetal services.
(h) Concrete services.
(i) Water well drilling services.
(7) Educational services.
(a) Vocational or trade schools.
(b) Business and stenographic schools.
(c) Driving schools, truck.
(8) Miscellaneous services.
(a) Business associations and organizations.
(b) Labor unions and similar labor organizations.
Other retail trade and service uses are permitted which may be
deemed by the planning director to be of the same general character
as and compatible with those uses listed in this subsection.
14. Gymnastic schools and similar uses.
15. Health and fitness clubs and facilities.
16. Indoor paintball.
17. Other similar uses which the planning director finds compatible
with the principally permitted uses described in this subsection,
consistent with the purpose and intent of the M2 district and not o
a type to adversely affect the use of adjoining properties.
18. Existing dwellings may be rebuilt, repaired and otherwise changed
for human occupancy. Accessory uses for existing dwellings may
be constructed. Such uses are garages, carports, storage sheds and
fences.
19. Municipal uses and buildings, except for such uses and buildings
subject to section 15.04.200.
7
B. Special permit uses. The following uses are permitted provided they
conform to the development standards listed in section 15.08.020:
1. Gasoline service stations,with or without retail convenience grocery
sales.
2. Nursery schools and day care centers.
;. Churches.
C. Accessory uses. The following are the accessory uses permitted in the M2
district:
1. Repair operations for products described as principally permitted
uses and sales and service incidental to a principally permitted use,
provided such operations are housed as a part of the buildings
comprising the basic operations.
2. Dwelling units,limited to not more than one (1) per establishment,
for security or maintenance personnel and their families, when
located on the premises where they are employed in such capacity.
No other residential use shall be permitted.
3. Employee recreation facilities and play areas.
4. Restaurant, cafe or cafeteria operated in conjunction with a
principally permitted use for the convenience of persons employed
on the premises.
5. Nursery schools and day care facilities operated in conjunction with
a permitted use.
6. Other accessory uses and buildings customarily appurtenant to a
principally permitted use.
7. For permitted uses,hazardous substance land uses, including onsite
hazardous waste treatment or storage facilities, which are not
subject to cleanup permit requirements of chapter 11.02 and which
do not accumulate more than twenty thousand (20,000) pounds of
hazardous substances or wastes or any combination thereof at any
8
one (1) time on the site. subject to the provisions of section
15.08.050. Offsite hazardous waste treatment or storage facilities
are not permitted in this district, except through a special use
combining district.
D. Conditional uses. The following are the types of conditional uses permitted
in the M2 district, subject to approval by the hearing examiner. The list of
conditionally permitted uses is illustrative of the types of uses which shall
be permitted and is not intended to be exclusive:
1. Any principally permitted use whose operations are predominantly
conducted out-of-doors rather than completely enclosed within a
building.
2. Any type of principally permitted use whose operations are
predominantly for the repair of products described rather than the
manufacturing or processing of such products.
3. Retail and service uses as listed in subsection 15.04.180 A.13.
which individually or on a cumulative basis exceed twenty-five (25)
percent of the gross floor area of any single- or multi-building
development.
Conditional use permits shall be required on an individual tenant or
business basis and shall be granted only when it is demonstrated
that the operational characteristics of the use will not adversely
impact onsite or offsite conditions on either an individual or
cumulative basis.
4. General conditional uses as listed in section 15.08.030.
5. Principally permitted uses in the M3 districts.
6. Manufacturing of paint.
7. Automobile service centers, with or without gasoline sales.
8. Source separation and recovery of recyclable materials for solid
wastes.
9
9. For permitted uses, accessory hazardous substance land uses which
are not subject to cleanup permit requirements of chapter 11.02 and
which accumulate more than twenty thousand (20,000) pounds of
hazardous substances or wastes or any combination thereof at any
one (1) time on the site, subject to the provisions of section
15.08.050. Offsite hazardous waste treatment or storage facilities
are not permitted in this district, except through a special use
combining district.
E. Development standards.
1. Minimum lot. Minimum lot area is twenty thousand(20,000) square
feet.
2. Maximum site coverage. Maximum site coverage is sixty-five (65)
percent.
3. Yards, generally.
a. Front yard. The minimum front yard setback shall be related
to the classification of the adjacent street. This classification
shall be determined by the city transportation engineer. The
setbacks are as follows:
(1) Properties fronting on arterials and collector streets
shall have a minimum setback of forty (40) feet.
(2) Properties fronting on local access streets shall have
a minimum setback of thirty (30) feet.
b. Side yard on flanking street of corner lot. The minimum
side yard on the flanking street of a corner lot shall be
related to the classification of the adjacent street. This
classification shall be determined by the city transportation
engineer. The setbacks are as follows:
(1) Properties fronting on arterials and collector streets
shall have a minimum setback of forty (40) feet.
10
(2) Properties fronting on local access streets shall have
a minimum setback of thirty (30) feet.
C. Side yard. The side yards shall have an aggregate width of
ten (10) percent of the lot width, but the aggregate width
need not be more than thirty (30) feet. There shall be a
minimum of ten(10) feet on each side.
d. Rear yard. No rear yard is required, except as may be
required by transitional conditions.
4. Yards, transitional conditions. Transitional conditions shall exist
when an M2 district adjoins a residential district containing a
density of two (2) dwelling units or more per acre or a proposed
residential area indicated on the city comprehensive plan. Such
transitional conditions shall not exist where the separation includes
an intervening use such as a river,freeway,railway main line,major
topographic differential or other similar conditions, or where the
industrial properties face on a limited access surface street on which
the housing does not face. When transitional conditions exist as
defined in this subsection, a yard of not less than fifty (50) feet shall
be provided.
5. Height limitation. The height limitation is two (2) stories or thirty-
five (35) feet. Beyond this height, to a height not greater than either
four (4) stories or sixty (60) feet, there shall be added one (1)
additional foot of yard for each one (1) foot of additional building
height. The planning director shall be authorized to approve one (1)
additional story, provided such height does not detract from the
continuity of the industrial area, and may propose such conditions
as may be necessary to reduce any incompatibility with surrounding
uses. Any additional height increases may be granted by the
planning commission.
11
6. Landscaping. The landscaping requirements of chapter 15.07 shall
apply.
7. Outside storage. Outside storage or operations yards shall be
confined to the area to the rear of a line which is an extension of the
front wall of the principal building,and shall be reasonably screened
from view from any street by appropriate walls, fencing, earth
mounds or landscaping.
8. Loading areas.
a. Loading areas must be located in such a manner that no
loading, unloading or maneuvering of trucks associated
therewith takes place on public rights-of-way.
b. Earth berms and landscaping shall be provided along street
frontages as necessary to screen dock-high loading areas
from public rights-of-way. Berms shall be a minimum of
thirty (30) inches in height. Landscaping located on the
berm shall conform to type III landscaping described in
subsection 15.07.050 C. pertaining to visual buffers.
9. Multitenant buildings. Multitenant buildings shall be permitted.
10. Improvement and maintenance of yards and open areas. All
required yards, parking areas, storage areas, operations yards and
other open uses on the site shall be improved as required by this title
and shall be maintained in a neat and orderly manner appropriate for
the district at all times. The planning director shall be authorized to
reasonably pursue the enforcement of this subsection where a use is
in violation, and to notify the owner or operator of the use in writing
of such noncompliance. The property owner or operator of the use
shall be given a reasonable length of time to correct the condition.
F. Signs. The sign regulations of chapter 15.06 shall apply.
G. Offstreet parking.
12
1. The offstreet parking requirements of chapter 15.05 shall apply.
2. Those areas not required to be landscaped may be used for offstreet
parking.
H. Performance standards. The performance standards as provided in section
15.08.050 shall apply.
I. Development plan review. Development plan approval is required as
provided in section 15.09.010.
SECTION 2. -Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION 3. - Effective Date. This Ordinance shall take effect and be in
force five (5) days after passage and publication as provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
13
PASSED: day of 1997.
APPROVED: day of 11997.
PUBLISHED: day of 11997.
I hereby certify that this is a true copy of Ordinance No. , passed
by the City Council of the City of Kent. Washington. and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\LAWCORDMANC\CHURCHES.ORD
14
Kent City Council Meeting
Date January 6, 1998
Category Consent Calendar
1. SUBJECT: D.O.E. GRANT FOR KENT SHORELINE MASTER PROGRAM -
AUTHORIZATION
2 . SUMMARY STATEMENT: As recommended by the Planning
Committee, authorization for the Mayor to sign the Department
of Ecology (DOE) grant agreement.
3 . EXHIBITS: Memo dated 12/9/97 written to the Planning
Committee; DOE agreement; and Planning Committee minutes of
12/9/97
4 . RECOMMENDED BY: Planning Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3E
CITY OF
Jim White, Mayor
CITY OF KENT
PLANNING DEPARTMENT
(206) 859-3390
MEMORANDUM
December 9, 1997
TO: LEONA ORR, CHAIR, AND PLANNING COMMITTEE MEMBERS
FROM: KEVIN O'NEILL, SENIOR PLANNER
SUBJECT: GRANT AGREEMENT WITH THE DEPARTMENT OF ECOLOGY FOR
UPDATE OF THE KENT SHORELINE MASTER PROGRAM
In February, 1997, the Planning Department applied for a grant from the Washington State
Department of Ecology (DOE) to update the Kent Shoreline Master Program (SMP). Update
of the SMP is needed for two reasons:
1. ESHB 1724, the Regulatory Reform Act, requires that shoreline master programs be
integrated with local jurisdictions' comprehensive plans and development regulations,
and;
2. The shoreline inventories, designations, and development regulations need to be
updated to include portions of the Green River annexed as part of the Ramstead
annexation and Lake Meridian.
DOE approved the grant request, and, working with City staff, has developed a grant
agreement including the scope of work, budget, and schedule. The proposed grant agreement
has been forwarded to the City Attorney's office. The project budget will be $50,000, with
DOE contributing $23,000 and the City contributing $27,000. With regard to the City's
contribution, $18,000 is currently in the City's Capital Improvement Program, and the other
$9,000 is proposed as part of the 1998 budget.
Recommended Action
We are recommending that the Planning Committee recommend to the City Council that the
Mayor be authorized to sign the grant agreement with the Department of Ecology, pending
review of the agreement by the City Attorney's office, and pending final approval of the 1998
budget by the City Council.
KO:smpgrant.mein
_201ih AVENUE SOUTH / KENT.WASHINGTON )90'Q-i89S l TELEPHONE (253)859-331M1
CZM306 GRANT AGREEMENT NO. G9800087
between the
STATE of WASHINGTON DEPARTMENT of ECOLOGY and the
CITY OF KENT
Project: Kent Shoreline Master Program: Integration & Expansion
THIS is a binding agreement entered into by and between the State of Washington. Department of
Ecology, (PO Box 47600, Olympia, Washington, 98504-7890) hereinafter referred to as the
"DEPARTMENT" and the City of Kent, hereinafter referred to as the"RECIPIENT" to carry out the
activities described herein and authorized by the Coastal Zone Management Act of 1972, as
amended through 1996. This grant is subject to Congressional actions.
Recipient Name: City of Kent
Planning Department
220 Fourth Avenue South
Kent, WA 98032-5895
Recipient Project Coordinator: Kevin O'Neill
Telephone Number: 253-859.3390
Fax: 253-850-2544
Project Officer for the Department: Bob Frozen
Northwest Regional Office, Bellevue
Telephone Number. 425-848-7274
Fax Number. 425-849-7098
The Sauna of funds provided by the Department are Coastal Zone Management 30e funds.
Grant Amount: Eligible Project Cost: $50,000
State Grant Share: $23,000
Local Share: $27,000
State Cost Sham shall be 50% up to a maximum of$23,000
THE EFFECTIVE DATE of this grant shall be November I, 1997.
The Project described herein must be completed on or before December 31, lose.
THE EXPIRATION DATE of this agreement is December 31, 1998.
CZM Grant Agreement No G9800087
between the Department of Ecology and
City of Kent
IF- Scope of Work
Project Title: Kent Shoreline Master Program: Integration & Expansion
Description: The City of Kent shall prepare amendments to the Shoreline Master Program
(SMP)which shall be integrated with the City's Comprehensive Plan and
development regulations, consistent with the Growth Management Act(GMA)
and ESHB 1724 requirements. In addition, the City's SMP shall be expanded
from a river-only focus to include a lakeshore element due to the City's recent
annexation of Lake Meridian.
Task 1: Performance Coordination
1.1: Coordination with the Department
To assist the Recipient and ensure project results are consistent with the
federal Coastal Zone Management Act, laws and regulations, the Recipient, as
part of this agreement, shall coordinate with Ecology's Shcrelands Project
Officer, Bob Fritzen, phone 425-649-7274. The Recipient shall coordinate with
Ecology's Project Officer by means of telephone conversations and/or
meetings at the beginning of each quarter. Recipients are encouraged to
coordinate more often whenever the Department can provide technical
assistance or respond to questions regarding the project or assist in grant
administration.
1.2: Formation of a Citizens Advisory Committee
The City shall establish and appoint a Citizens Advisory Committee (CAC)who
shall review and comment on proposed amendments to shoreline goals,
policies, and development regulations, and to make an advisory
recommendation to the City's legislative agency. The City and its consultant
shall provide staff support to the committee as needed.
The Committee shall consist of a broad representation of local citizenry
including residents, land owners, developers and environmentalists, including
tribal interests. Agreement an issues shall be accomplished by consensus in
an official but informal meeting environment The work of the committee will
end when a final advisory recommendation is made.
1.3: Contract with Consultant
The City shall circulate an RFP and engage the services of an
environmental/planning consultant to aid in the completion of the proposed
project Special consideration shall be made to select a consultant with
experience in general shoreline management planning and GMA/SMP/SEPA
Page 2 of 15
CZM Grant Agreement No G9800087
between the Department of Ecology and
City of Kent
integration in particular. A scope of services shall be jointly determined by the
City and Consultant.
Deliverables: a. Semi-annual progress reports as specified in the Special Terms and
Conditions of this agreement- due January 20, 1998, July 20, 1998 and
January 20, 1999; and
b. Advisory Committee meeting agendas and minutes-due 15 days
following committee meetings;
c. Staff reports to Advisory Committee;
d. Contract with Consultant with scope of work- due 10 days following
signing of contract.
Task 2: Draft Shoreline Master Program Amendments
The Recipient shall perform the following:
2.1: Prepare a revised and updated SMP including, at a minimum:
a. Prepare an inventory update supplement which includes the new Green
River shoreline segments and lake Meridian shorelands recently annexed
into the City of Kent.
b. Prepare proposed revisions to existing goals and policies for the following
SMP elements: economic development, public access, circulation,
recreation, shoreline use, conservation, historical/cultural, and flood
management Include a proposal for a new Residential element to
address shoreline development for Lake Meridian.
c. Prepare revisions to specific development policies and regulations for
each shoreline use and activity.
2.2: Consider for incorporation and integration into the updated SMP:
a. Provisions for integration of goals and policies into GMA Comprehensive
Plan.
b. Provisions for integration of SMP development regulations and standards
into the City's land development codes including zoning and subdivision
ordinances, and critical area ordinance, consistent with draft Shoreline
Master Program Guidelines.
C. Revised administrative provisions, as necessary.
2.3: Incorporate into the draft SMP, indexed maps indicating shoreline
designations for all Green River and Lake Meridian shorelines:
Page 3 of 15
CZM Grant Agreement No G9800087
between the Department of Ecology and
City of Kent
a. All environment maps shall bs expanded to depict new Green River
segments as well as Lake Meridian shorelines. These now environment
maps shall be digitized for display into the City's GIS Mapping
and shall be reproducible and suitable for public dissemination.
b. Proposed environment designations on new shoreline segments under
the jurisdiction of the City of Kent shall be fully documented and satisfy
the criteria set forth in WAC 173-26-110(3).
Deliverables: 1. A complete copy of the draft SMP with environment designation maps
submitted by July 31, 1998 prior to initial public review; and
2. Preliminary proposals for integration of SMP Into GMA Comprehensive
Plan and development ordinances - due July 31, 1998.
Task 3: Public Input
The Recipient shall ensure public input on the draft SMP and initiate the local
approval process including:
3,1: Provide for citizen involvement in accordance with WAC 173-28-090-110, and
conduct at least one local public hearing in accordance with WAC 173-26-100.
3,2: Host at least one "open house" an shoreline management prior to finalization
of draft SMP in the Lake Meridian area. Particular emphasis of the open
house shall be to solicit residents, views on existing (County) shoreline
regulations and desired changes, if any.
3.3: Submit draft SMP to the Land Use & Planning Board and the City Council for
approval.
3A Forward locally approved SMP amendments to the Department of Ecology for
approval.
Deliverables: Three (3) complete hard copies along with a computer ub diskette
comments final draft SMP
submitted after consideration by the Department and p
Date Due: December 31, 1998
CZM Grant Agreement No G9800087
between the Department of Ecology and
City of Kent
Deliverables
All products, reports, and payment requests shall be sent to the attention of:
Bev Huether
Department of Ecology
Shorelands and Environmental Assistance Program
PO Box 47600
Olympia, WA 98504-7600
All products and reports shall contain the NOAA logo as specified in the Special Terms and
Conditions of this agreement
The Recipient shall submit one copy each of Semi-annual Progress Reports and commensurate
Payment Requests as defined in the Special Terms and Conditions section of this agreement
The Recipient shall submit three copies of specific products OR the number as designated in the
Scope of Work.
Schedule
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
97 97 98 98 98 98 98 98 98 98 98 98 98 98
Task 1:
Task 2:
Task 3:
Page 5 of 15
CZM Grant Agreement No G9800087
between the Department of Ecology and
City of Kent
Budget
Budget Conditions:
1. The indirect rate shall not exceed 25% of direct labor and benefit costs. This rate covers
space utilities, miscellaneous copying, telephone, motor pool,janitorial services, records
storage, rental, county fiscal and legal services, etc. Items not included in this list shall be
reported with the first payment request and shall remain consistent for the life of the grant
2. Security for performance (retainage) shall be 0% (zero percent)
3. Semi-annual progress reports shall be submitted to the Department as outlined in
Special Terms and Conditions, and must be accompanied by commensurate payment
requests.
4. A formal amendment is required to increase the state funding or revise the Scope of Work
as further defined in the Special Terns and Conditions section of this agreement
S. For the administration of this agreement, the Recipient shall follow the"Administrative
Requirements for Ecology Grants and Loans", July 1995 edition.
6. Ecology forms contained in the "Administrative Requirements for Ecology Grants and Loans"
must be used for payment requests, otherwise requests will be returned to the Recipient for
submittal on the correct forms. The Recipient may reproduce these forms on computer as a
facsimile of Ecology fors, with the exception of Form A (A19-1A Invoice Voucher).
7. Expenditure Budget: (for Recipient reporting and Ecology tracking purposes):
Grant Amount Eligible Project Cost $50,000
State Grant Share: $23,000
Local Share: $27,000
State Cost Share shall be 50% up to a maximum of$23,000.
M:`k`�.�@'
Saiaries/Senefits
Consultant Services s2 000 $25 000 $20 000 s47 000
Supplies $300 $300 $300 $900
Communication 5250 $300 $300 $850
Copying s250 $500 $5001 $1 50
Total Pro Costs 1 $2,800 $26,1001 $21,100 1 s50,000
8. Match_Requirements: The RECIPIENT's local match shall consist of cash.
Page 8 of 15
CZM Grant Agreement No G9800087
between the Department of Ecology and
City of Kent
CZM 30_6 SPECIAL TERMS & CONDITIONS
A. Coastal Zone Management Provisions
1. Planning Area: The services under this grant will be provided in connection with
and respecting the following areas, herein called the"ADMINISTRATION AREA":
The administration area of the coastal zone management program shall include all
those saltwater and tidally influenced shorelines of the state defined in the
Shoreline Management Act of 1971, and designated in Chapters 173-18, 173-201
and 173-22 WAC for all the incorporated and unincorporated areas of the
city/county, plus those fresh waters which could have a direct and significant impact
on coastal waters.
2. Identification of Project Materials-All reports, maps, and other documents
published as part of this grant agreement shall carry the name of the RECIPIENT,
Ecology's grant number(in the upper right hand comer), title, the specific task
number of the product and date centered on the front cover or title page (or in the
case of maps, the block which contains the name of the Government unit or
Department) and acknowledgment of the source of funding as follows:
"This(report, paper, newsletter, etc.)was funded in
COY or CRY I- part through a cooperative agreement with the
Grad tim an"_ National Oceanic and Atmospheric Administration."
A The National Oceanic and
� TM � Atmospheric Administration logo must
Tam TWO �. accompany the acknowledgment.
Task Nun w
oars
NOTE:If the paper or report is intended for public
��—�•'••��• distribution, the following disclaimer must be included:
"•'��"`—'"•"` "The views expressed herein are those of the author(s)
and do.not necessarily reflect the views of NOAA or
any of its sub-agencies."
See"Format for Products"under Ecology Provisions, Special Terms and
Conditions.
3. Responsibilities of the Project Coordinator. The RECIPIENTS Project
Coordinator shall be responsible for the procedural obligations under this
agreement in addition to his/her duty to coordinate the planning effort
Page 7 of 15
CZM Grant Agreement No G9800087
between the Department of Ecology and
City of Kent
hereunder. He/She shall cooperate with all parties concemed in every way
possible to promote successful completion of the services described in the
Scope of Work
4. Matching Requirement: A minimum local match ratio of 1:1 or 50% is required.
The match can be in cash (such as paid staff costs)or in-kind (donated) services
(such as citizen volunteer time). Any non-federal grant source (which is not already
being used as match) can be utilized. This includes grant funding from the Growth
Management Act, Centennial Clean Water Fund (CCWF), Flood Control Assistance
Account Program (FCAAP), Aquatic Lands Enhancement Account(ALEA), eta
which directly relates to the CZM project. The source of local match must be
identified in the application i.a., cash match from the jurisdiction's general fund or
in-kind (donated) service(s) (valued at$12.50 for ail services) and the nature of the
donated service(s).
5. Publications and Brochures: Any publications or brochures required as a product
of this agreement shall conform to minimum standards of size; 8-1/2" x 11"white,
recycled paper equivalent in weight to 20 lb. bond, single spaced, printed both
sides, no less than 1" margins. Photos, illustrations, and graphs must be of repro-
ducible quality. The Recipient shall comply with any additional specifications as
may be outlined in the Scope of Work. (For additional information see page 12.)
6. Documents: The Recipient shall provide the Department with copies of all
documents produced under the terms of this grant as specified in the scope of
work
7. Responsibilities of the Recipient's Project Coordinator. The Project Coordinator
shall be responsible for the procedural obligations under this grant in addition to
his/her duty to coordinate the planning effort hereunder.
. S/he
s hall coopcomplerate
ion o�e
all parties concemed in every way possibleP
services described in the scope of work
a. Project Completion Requirements: On completion of the project, the Recipients
Project Coordinator shall submit the following information and materials to the
Department:
a. Proiect Completion Report The purpose of this report is to document that the
project and each of its tasks has been completed. The project completion
report contains the following documents:
(1) Summary Account-The Completion Report must include a brief .
summary account(appr+oxantately 200-300 words) of the work
accomplished under the/grant with respect to each of the surveys,
studies, plans, and other planning activities listed in the grant or any
amendments to that grant it is also to include a notation of the exhibit
or portion thereof containing the project of that work element
(2) Reports Maps Plans Exhibits Eta -The Completion Report must in- .
dude a list of all reports, maps, plans, and other documents prepared
Page a of 15
CZM Grant Agreement No G9800087
between the Department of Ecology and
City of Kent
under this grant, indicating for each whether it is in published or un-
published form as defined in the grant
(3) Abstract(if applicable)- Every published report under this grant and any
other material which is of exceptional interest, as determined by the
Department, must be represented in the Project Completion Report by
an abstract on the first page after the cover of the Completion'Report
The abstract of each publication must first indicate the outstanding
purpose of the publication and then briefly summarize that publication.
In addition, the abstract must conform to the format included in
subsection (4) below.
(4) Format of Abstract
1 -Title
2 -Author(s)
3 -Subject
4 - Date
5 - Name of Department and participating localities
6 -Source of Copies
7 - Ecology Project Number
8 -Series Number
9 - Number of Pages
10-Abstract
b. Submittal of project Materials: Three (3) copies of each published report, map,
plan, or other documents (work products) prepared under this grant shall be
submitted with the Project Completion Report unless otherwise specified in the
Scope of Work.
c. Graphic Record Alternative: With respect to models and certain published
maps and plans, such as maps and plans which are colored or are too large to
fold compactly, it is required only that photographs or photostats of each (in
color or black and white), whichever is necessary to show the content of the
map, (and at least 8"x 10" in size) be submitted as the graphic record for the
project. Each such photograph or photostat shall be legibly identified as to the
grant number, title and scale of the original document the municipality, or area
covered, and the report or study to which it relates, and shall contain a notation
of the place where the original is located.
d. Transmittal of Maps. Plans. Eta: The project title, the grant number, the
municipality or county, and the report or study to which each map and plan re-
lates shall be indicated on the outside too fold of such map and plan, and all
maps and plans transmitted shall be folded to the size of the report project
8. Access to Records and Right to Audit
a. The Recipient agrees that the Comptroller General of the United States or any
of his duly authorized representatives and the Secretary of Commerce or any of
Page 9 of 15
CZM Grant Agreement No G9800087
between the Department of Ecology and
City of Kent
his duly authorized representatives shall, until the expiration of three (3) years
after expenditure of funds under this grant, have access to and the right to ex-
amine any directly pertinent books, documents, papers, and records of the
Recipient involving transactions related to this grant The Recipient agrees to
include the substance of this paragraph into all grants and subcontracts pay-
able from contract funds in whole or in part.
b. The Recipient agrees that payments) made under this grant shall be subject to
reduction for amount charged thereto which are found after audit examination
not to constitute allowable costs under this grant The Recipient shall refund by
check payable to the Department the amount of such reduction of payments
under completed or terminated grants.
9. Maintenance of Records: All required records shall be maintained until a federal
audit is completed and all questions arising therefrom are resolved, or three (3)
years after completion of a project,whichever is sooner.
10. Refund of Payment: If, through any cause, the National Oceanic and Atmospheric
Administration (NOAA) disallows reimbursement to the Department for failure to
fulfill the grant or stipulations of this grant, the Recipient will reimburse the
Department to proportionate amount of the federal share of the total grant funds
paid by the Department to the Recipient through this grant, or that portion thereof
constituting NOAA reimbursement of state grant funding under the terms of this
grant
11. Officials Not to Benaflt: No member of or delegate to the Congress of the United
States, or resident Commissioner, shall be admitted to any share or part of this
grant or to any benefit that may arise therefrom.
12. Government Debarment and Suspension:
a. This agreement is subject to Federal Executive Order 12549, "Debarment and
Suspension," and 15 CFR Part 26, "Govemmentwide Debarment and
Suspension (Nonprocurement)" Unless authorized by the Department in
writing, a person (as defined at 15 CFR Part 26.105(n))who is debarred or
suspended shall be excluded from Federal financial and non-financial
assistance and benefits under Federal programs and activities except to the
extent prohibited by law or authorized by the U.S. Department of Commerce.
b. Unless the U.S. Department of Commerce authorizes in writing an exception in
accordance with 15 CFR Parts 26215, 28.220, and/or 26.825, the Recipient
shall not knowingly do business under this agreement with a person who is
debarred or suspended, or with a person who is ineligible for or voluntarily
excluded from that agreement. The Recipient shall not renew or extend a
subaward (ottw than no-cost time extensions)with any person who is
debarred, suspended, ineligible, or voluntarily excluded, except as provided in
15 CFR Part 28.215.
Page 10 of 15
CZM Grant Agreement No G9800087
between the Department of Ecology and
City of Kent
c. Each applicant/bidder for an award/subaward must file Form CO-512
"Certifications Regarding Debarment, Suspension, Ineligibility and voluntary
Exclusion — Lower Tier Covered Transactions and Lobbying,"without
modification, at the time of application/bid (except subcontracts for goods or
services under the$25,000 small purchase threshold unless the
award/subaward Recipient will have a critical influence on or substantive
control over the award). Applicants/bidders should review-the instructions for
certification included in the regulations before completing the certification. The
prospective participant shall provide immediate written notice to the person to
whom this proposal is submitted if at any time the prospective participant
learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances. Certifications shall be
submitted to the Department of Ecology.
13. Restrictions on Lobbvino: Each bidder/applicant/recipient/ subrecipient of this
agreement is generally prohibited from using Federal funds for lobbying the
Executive or Legislative Branches of the Federal Government in connection with
this award. This agreement is subject to Section 319 of Public Law 101-121,
which added Section 1352, regarding lobbying restrictions, to Chapter 13 of Title
31 of the United States Code. The new section is explained in the common rule,
15 CFR Part 28 (55 FR 6736-6748, 2/26/90).
14. Grant Closeout All products for this project will be submitted to the Department
by January 20, 1999; final payment request is due January 20, 1999 or the date
as determined by OFM. Ecology's Fiscal Office will notify the recipient of the
exact date.
B. Ecology Provisions
1. Administrative Guidelines: The Recipient shall comply with the Departments 1995
edition of"Administrative Requirements for Ecology Grants and Loans", publication
number 91-18. The Recipient shad be responsible for maintaining appropriate
financial records throughout the life of the project and in accordance with these guide-
lines.
2. Pro*ect Completion: Successful project completion includes Ecology's receipt of all
administrative paperwork by the Recipient including:
• Semi-an ivai progress repots for each quarter
• Semi-annual or quarterly payment requests for each quarter
• Final product(s) and report(the final report can be substituted for the fourth
quarter report)
Office of Minority and Women Business Enterprises' (OMWBE) "Swum State of
• Compliance"and"Contractor Participation Report"
• "Certifications Regarding Debarment, Suspension, Ineligibility and-Voluntary
Exclusion -Lower Tier Covered Transactions and Lobbying", Federal form CD-512
Page 11 of 15
CZM Grant Agreement No G9800087
between the Department of Ecology and
City of Kent
3. Amendments: A letter amendment is a written request by the Recipient to change
the Recipient's project coordinator. A formal amendment, signed by both parties,
is required for any change to the scope of work or an increase to the total eligible
project cost
4. Reimbursement: Grants are awarded on a reimbursable basis. The Recipient
initialthe EPARTMENT share of theroject ists in full. Upon sreimbursed to on of a ,lling to the the Recipient
Department .
5. Pavment Requests: Requests for reimbursement are submitted semi-annually or
quarterly but not more than once per month by the recipient on state invoice
voucher forms (A-19-1A) provided by the Department All requests for payment
need to be consistent with the budget as listed in the grant agreement
Each request for payment must include supporting documentation provided to the
Department on Form A, "Invoice
All expenses in each task hall B"Running get Summary".
be grouped and Form C: "Voucher Supp xP
to-
gether and subtotaled.
NOTE: Ecology forms contained in the "Administrative Guidelines for Ecology
Grants and Loans", publication number 91-18 must be used for payment
requests, otherwise requests will be returned to the Recipient for submittal
on the correct forms. The Recipient may reproduce these fors on
computer as a facsimile of Ecology fors with the exception of Form A
(Al 9-1A Invoice Vouchers.)
Complete backup documents (to include but not limited to all invoiced costs, time
sheets (signed by both the staff person AND supervisor), contributed services, etc.)
MUST be maintained by the Recipient for a period of three years after project
completion and made available at any time for inspection by the Department
Payment Requests must be accompanied by commensurate progress reports.
Final payment requests must reflect June 15 as the completion date. However, the
final payment request is due on July 8 or the date as designated by the
Washington Office of Financial Management(OFM). The Recipient will be notified
in writing of this date by the Department
6. Semi-annual Progress Reporting
Semiannual reporting requirements begin on the date the agreement is signed by
the Department Reports cover the following periods: qp TE DUE
Initial Report October 1 through December 31 January 20, 1998
Interim Report January 1 through June 30 July 20, 1998
Final Report July 1 through December 31 January 20, 1999
Final Payment Request January 20, 1999
Page 12 of 15
CZM Grant Agreement No G9800087
between the Department of Ecology and
City of Kent
For timely preparation and review, semi-annual reports need to convey essential
information in a simple, concise manner through the use of bulleted summary
statements, lists, and tables and include the following:
a. A description of work performed during the quarter BY TASK
b. Status of project schedule
c. Financial and funds disbursement status
d. Personnel changes
e. Any difficulties encountered during the quarter
f. Anticipated (environmental, recreational, etc.) benefits of the project
*The Project Completion Report can take the place of the final quarter report but
must be submitted by January 20, 1999. The purpose of this report is to document
BY TASK that all aspects of the project have been completed. A satisfactory
completion report with one copy(or the number specified in the scope of work),
plus other documentation as previously listed under paragraph 2"Project
Completion" under Ecology Provisions is required for submittal to the Department
for final payment.
T. Format for Publications and Brochures: Any publications or brochures intended
for public distribution that are required as a product of this agreement shall comply
with graphic requirements as specified in Ecology's "Publications Handbook",
publication number 91-41 and any additional specifications as may be outlined in
the Scope of Worts.
8. Minority and Women's Business Participation: The Recipient agrees to utilize,
to the maximum extent possible, minority-awned and women owned businesses in
purchases and contracts under this agreement initiated after the effective date of
this agreement
In the absence of more stringent goals established by the Recipient's jurisdiction,
the Recipient agrees to utilize the DEPARTMENTs goals for minority and women
owned business participation in all bid packages, request for proposals and
purchase orders. These goals are expressed as a percentage of the total dollars
available for the purchase or contract and are as follows:
Minority owned business participation: 10%
Women owned business participation: 6%
The Recipient and ALL prospective bidders or persons submitting qualifications
shaA take the following steps in any procurement initiated after the effective date of
this agreement
a. Include qualified minority and women's businesses an solicitation lists;
b. Ensure that qualified minority and women's businesses are solicited whenever
they are potential sources of services or supplies;
Page 13 of 15
CZM Grant Agreement No G9800087
between the Department of Ecology and
City of Kent
c. Divide the total requirements,when economically feasible into smaller tasks or
quantities to permit maximum participation by qualified minority, and women's
businesses;
it
d. Establish
rage participation of qualified minority and women's us ness s;which III
d
encourage
9. se the services and assistance of the State Office of Minority and Women's
Business Enterprises, and the Office of Minority Business Enterprises of the US
Department of Commerce as appropriate.
The Recipient shall provide written certification, on a forth provided by the
Department, that the above steps wenetwill be followed.
Any contractor engaged by the Recipient under this agreement shall be required to
follow the above five affirmative steps in the award of.any subcontracts.
The Recipient shall report to the Department at the time of submitting each invoice,
on fortes provided by the Department, payments made to qualified firms. State:
a. Name and State OMWBE certification number of qualified minority and
women's businesses working on the project;
b. Dollar amount of contracts awarded to qualified minority and women's
businesses.
9. All Writings Contained Herein: This agreement, the appended "General Terms
and Conditions", and the DEPARTMENTS current edition of"Administrative
Requirements for Ecology Grants and Loans", contains the entire understanding
between the parties, and there are no other understandings or representations
except those set forth or incorporated by reference herein. No subsequent
modification(s) or amendment(s) of this agreement shall be of any forte or effect
unless in writing, signed by authorized representatives of the RECIPIENT and
DEPARTMENT, and made a part of this agreement
Page 14 of 15
CZM Grant Agreement No G9800087
between the Department of Ecology and
City of Kent
In Witness Whereof, the parties hereby execute this grant agreement
WASHINGTON STATE Cm(OF KENT
DEPARTMENT OF ECOLOGY
Signature, Authorized Official Date
Gordon White
Program Manager
Shorelands and Environmental Print Name of Authorized Official
Assistance Program
Approved as to form only by the Title of Authorized Official
Assistant Attorney General
Federal-I.D. No.: 91-6001254
(Note: Insert additional signature blocks(s)
and/or pages if more than one signature
block is required
Page 15 of 15
GENERAL 'TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which gmntAoan funds are to be used shall be accomplished by the RECIPIENT and
RECU IENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless
specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEEICONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions
of this agreement.
C. TEM PARTY BENEFICIARY .
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
agreement,the state of Washington is named as an express third-party beneficiary of such subcontracts with
full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering services
shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies
of all bids received and contracts awarded, for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the
RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits.
Prior to Comm of any comtsuction, the RECIPIENT shall secure the necessary approvals
and permits required by authorities having jurisdiction over the project, provide assurance to the
DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon.request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and
State laws, regulations, and policies against discrimination. The RECIPIENT fiuther agrees to
affirmatively support the program of the Office of Minority and Women's Business Enterprises to
the maximum. extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of
grant/loan fiords available to women or minority owned businesses.
3. WWam And Job Safety.The RECIPIENT agrees to comply with all applicable laws, regulations, and
policies of the United States and the State of Washington which affect wages and job safety.
4. Insurance. Tbe RECIPIENT des full compliance with all applicable state industrial
msotance requirements. H the RECIPIENT fails to comply with such laws, the DEPARTMENT
shall.hxnwd e•wght*tO�te}ywtmm=atC'this8gr�for cause as provided III Section KA,
herein.
G. IICIMAC&4
The REC>pIENT is prolifted from inducing by any meatus any person employed or otherwise involved
in this project to give up any part of the compensation.to which he/she is otherwise entitled or, receive any
fee, mission or gift in rim for award of a subcontract hereunder.
H. AUDITS AND INSP=ONS
1. The RECIPIENT sbail maintain complete program and financial records relating to this agreement.
Such rxords shall clearly indicate total receipts and expenditures by fund source and task or object.
the grant/loan agreement and performed after the effective date and prior to the expiration date of
this agreement, unless those dates are specifically modified in writing as provided herein.
Final Renuest(s) for Payment. The RECIPIENT must submit final requests for compensation within
4' - and within fifteen (15) days after the
forty-five(45) days after the expiration date of this agreement
end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
5. performance Guarantee_. The DEPARTMENT may withhold an amount not to exceed ten Percent
(10 96)of each reimbursement payment as security for the RECII'IENT's performance and a financial
bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s)
described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole
discretion,such payment is reasonable and approved according to this agreement and,as appropriate,
upon completion of an audit as specified under section 1.6., herein.
6. ilnautluodod F i +roc. All payments to the RECIPIENT shall be subject to final audit by the
DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan.shall be refunded
to the DEPARTMENT by the RECIPIENT.
7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or
other public entities, it shall not exceed the amount allowed under state law.
8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the
Scope of Work hereunder.
K. TERM NATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT' is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the
event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any
obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds
thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five wmiting days prior to the effective date
of termination. In that even, all finished or unfinished documents, data studies, surveys,drawings.
maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this
agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for
damages sustained by the DEPARTMENT and/or the State of Washington because of any breach
of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose
of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. tncu=eat Funds. The obligation of the DEPARTMENT to make payments is contingent on the
availability of state and federal fiords through legislative appropriation and state allotment. When
this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent
upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such
fonds shall be good cause to terminate this agreement as provided in paragraph S.1 above.
crosses the RE9PiENT.s.fiacal.}rcar, the obligation of the RECIPIENT to
Whoa this ?BLe,��-� .._ . ,..,,. . _ . of fiends
contiaoe or complete the project described herein shall be cxumingent upon appropriation
by the RECIP]ENT's governing body; Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of_ALL funds Paid to the RECIPIENT in
accordance with Section O herein.
3. 3ffm to Commence work In the event the RECIPIENT fails to commence work on the project
fuadcd herein within four months after the effa wen date of this agreement, or by any date mutuuallY
agreed upon in writing for commencement of work, the DEPARTMENT reserves the tight to
terminate this agreement.
As appropriate, all materials shall be published on both sides of the paper and shall mininl1w the use of
glossy or colored paper and other items which reduce the recyclabiliry of the document-
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon
satisfactory performance of this agreement including the satisfactory completion of the project described
in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required
of it by this agreement. the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to
repay to the DEPARTMENT all gmwAoan finds disbursed to the RECIPIENT for those parts of the
project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
Interest shall accue at the rate of twelve percent (12%) per annum from the time the DEPARTMENT
demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to
insufficient fiords as in Section K2 above, the RECIPIENT shall not be obligated to repay monies which
had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement,
at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S
liability to repay monies shall be reduced by an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the RECIPIENT
shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other
designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute
with regard to the extent and character of the work to be done, the determination of the Project Officer or
other designated official•as to the extent and character of the work to be done shall govern. The
RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under
this agreement which is not disposed of in writing shall be decided by the Project Officer or other
designated offcial who shall provide a written statement of decision to the RECIPIENT. The decision of
the Project Officer or other designated official shall be final and conclusive unless, within thirty days from
the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity
to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized
representative for the determination of such appeals shall be final and conclusive. Appeals from the
Director's determination shall be brought in the Superior Court of Thurston County. Review of the
decision of the Director will not be sought before either the Pollution Control Hearings Board or the
Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed
diligently with the performance of this agreement and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either parry to this agreement who exercises any function or
responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision
which affects his/her personal iaterttt or the incest of any corporation,parmersW9 or association in which.
Wsbe is,-thready-at■iedheabpinmestecl%-wrsbali hekbe4haveaaypersonal-or peaminT imaest, direct
or indirect, in this agreement or the proceeds thereof.
S. INDEUNWECATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,consultant's fees,
and other costs related to the project described herein, cmept as provided in the Scope of Wort.
2. To the exteat that the Constitution and laws of the State of Washington permit, each parry shall
indemnify and hold the other harmless from and against any liability for any or all injuries to persons
or property arising from the negligent act or omission of that party or that party's agents or
employees arising out of this agreement.
City Council Planning Committee Minutes
December 9, 1997
Page 6
ADD .DE� ITEM:
D.O.E. GRANT FOR KENT SHORELINE MASTER PROGRAM-(Kevin O'Neill)
Senior Planner Kevin O'Neill said that the Planning department applied for a grant from the State Department
of Ecology in February 1997 to update the Shoreline Master Program(SMP). Mr. O'Neill explained that it
is necessary to update the SMP due to regulatory reform changes in Washington State Law adopted by State
Legislature in 1995. Mr. O'Neill commented that the Department of Ecology has been rewriting the
Washington Administrative Code. Mr. O'Neill also explained that an update is necessary since the City of
Kent has annexed portions of the Green River and Lake Meridian, which are not part of the City's existing
Shoreline Master Program. Mr. ONeill stated the City has used King County's master program on an interim
basis since no local regulations exist in Kent's program.
Mr. O'Neill said that the Department of Ecology (DOE)has approved Kent's grant request. Mr. O'Neill said
that the DOE has given the City $23,000 and the City of Kent is matching this amount with $27,000, for a
total of$50,000. A Grant Agreement prepared jointly by the DOE and the City of Kent is currently under
review with the City Attorney's office.
Mr. O'Neill said Planning staff is requesting a recommendation from the Planning Committee to the City
Council authorizing the Mayor to sign the grant agreement with the DOE, pending review by the City
Attorney's office and approval of the 1998 budget.
Committee member Tim Clark said the Shoreline Master Plan addresses shoreline inventories designations
and development regulations. He asked Mr. O'Neill if the City of Kent was proposing a new master plan.
Mr. O'Neill explained that the existing master program contains goals and policies,and a set of development
regulations relating to the Green River. With the annexation of the Lake Meridian area, new goals and
policies, and development regulations appropriate to residential lake front areas are needed.
Tim Clark asked Mr. O'Neill if the City should be following the same guidelines as the County concerning
the Growth Management Act (GMA). Mr. O'Neill commented that the City could follow the County's
guidelines on land use and zoning regulations but not from a shoreline regulation perspective. Mr. O'Neill
explained that many regulations ultimately adopted by the City of Kent will be similar to King County's
regulations. Mr. O'Neill said that community involvement will be an integral part of the regulation change
process.
Tim Clark commented that eventually the Soos Creek area will become part of Kent's boundary area. Mr.
O'Neill said that Soos Creek would not be considered a shoreline of statewide significance.
Tim Clark MOVED and Leona Orr SECONDED a motion to recommend to City Council that the Mayor be
given the authority to sign the grant agreement with the DOE,pending review by the City Attorney's office
and pending final approval of the 1998 budget by the City Council. Motion carried.
Downtown Strategic Action Plan-
Central Core District
West Frame District
Rail Station Proposals
Vision:Growing a Home Town
r2�
Kent City Council Meeting
Date January 6. 1998
Category Consent Calendar
1. SUBJECT: COUNTRY CLUB NORTH DIVISION 2 FSU-97-6 - SET
MEETING DATE
2 . SUMMARY STATEMENT: Set January 20, 1998 , as the date for a
public meeting to consider a final plat application by Baima &
Holmberg, Inc. The preliminary subdivision was approved by
King County but with the Meridian Valley annexation the final
plat came under Kent's jurisdiction. This plat is 2 .92 acres
in size, consists of 11 lots, and is located east of 140th
Avenue S.E. at S.E. 263th Street.
3 . EXHIBITS: None
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3F
Kent City Council Meeting
Date January 6. 1998
Category Consent Calendar
1. SUBJECT: LAND USE AND PLANNING BOARD - APPOINTMENT
2 . SUMMARY STATEMENT: Confirmation of the Mayor' s appointment
of Ms. Terry Zimmerman, a West Hill resident, to serve as a
member of the Land Use and Planning Board. Ms. Zimmerman is
employed as Children's Program Coordinator at Valley Medical
Center and her background is in human services. However, she
is interested in becoming more active and involved in the
community. She has served on the Board of Children' s Home
Society, Co-chaired the South King County Family Support
Consortium, is currently President of the South King Council of
Human Services as well as many others. She was also the
recipient of the annual award for Outstanding Leadership from
the South King Council of Human Services in June of this year.
Ms. Zimmerman will replace Jerry Daman, whose term expired.
Her new term will continue until 12/31/2000.
3 . EXHIBITS: Memorandum from Mayor White
4. RECOMMENDED BY: Mayor White
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3G
MEMORANDUM
TO: KENT CITY COUNCIL MEMBERS
FROM: JIM WHITE, MAYOR
DATE: DECEMBER 29 1997
SUBJECT: APPOINTMENT TO KENT LAND USE AND PLANNING BOARD
I have appointed Ms. Terry Zimmerman,a West Hill resident. to serve as a member of the Land Use
and Planning Board. Ms. Zimmerman is employed as Children's Program Coordinator at Valley
Medical Center and her background is in human services. However, she is interested in becoming
more active and involved in the community. She has served on the Board of Children's Home
Society, Co-chaired the South King County Family Support Consortium, is currently President, of
the South King Council of Human Services as well as many others. She was also the recipient of
the annual award for Outstanding Leadership from the South King Council of Human Services in
June of this year.
Ms. Zimmerman will replace Jerry Daman, whose term expired. Her new term will continue until
12/31/2000.
I submit this for your confirmation.
jb
Kent City Council Meeting
Date January 6 1998
Category Consent Calendar
1. SUBJECT: DRINKING DRIVER TASK FORCE - APPOINTMENT
2 . SUMMARY STATEMENT:
Confirmation of the Mayor's appointment
of Councilmember Judy Woods to serve as a member of the Kent
Drinking Driver Task Force. Dr. Woods has also been designated
to serve as Chair of the Task Force. She will replace Christi
Houser and her term will continue until 1/1/2001.
3 . EXHIBITS: Memorandum from Mayor White
4 . RECOMMENDED BY: Ma or White
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3H
MEMORANDUM
TO: KENT CITY COUNCIL MEMBERS
FROM: JIM WHITE, MAYOR\
DATE: DECEMBER 29 1997
SUBJECT: APPOINTMENT TO KENT DRINKING DRIVER TASK FORCE
I have appointed Councilmember Judy Woods to serve as a member of the Kent Drinking Driver
Task Force. I have also designated Dr. Woods to serve as Chair of the Task Force. She will replace
Christi Houser and her term will continue until 1/1/2001.
I submit this for your confirmation.
jb
Kent City Council Meeting
Date January 6. 1998
Category Consent Calendar
1. SUBJECT: COUNTRY ESTATES CONDOMINIUMS PHASE II - BILL OF
SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, authorization to accept the bill of sale for Country
Estates Condominiums, Phase II submitted by Island Construction
Company for continuous operation and maintenance of 395 feet of
watermain and 372 feet of sanitary sewer and release of bonds
after the expiration period. The project is located at 124th
Avenue S.E. and S.E. 272nd Street.
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. 3I
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Kent City Council Meeting
Date January 6. 1998
Category Consent Calendar
1. SUBJECT: COUNTRY VIEW ESTATES II - BILL OF SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, authorization to accept the bill of sale for Country
View Estates II submitted by Shamrock Development for
continuous operation and maintenance of 520 feet of watermain,
480 feet of sanitary sewer and 1, 074 feet of storm sewer
improvements, and release of bonds after the expiration period.
The project is located at S.E. 226th Street & 100th Avenue S.E.
3 . EXHIBITS: Vicinity map
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3J
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Kent City Council Meeting
Date January 6, 1998
Category Consent Calendar
1. SUBJECT: 1997 SIDEWALK REHAB (WEST GOWE AND NORTH STATE
AVENUE) - ACCEPTANCE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, accept as complete the 1997 Sidewalk Rehab (West Gowe
and North State Avenue) project and release of retainage to
Gary Merlino Construction upon standard releases from the
State, and release of any liens. The original contract amount
was $376,571.25. The final project cost was $365, 493 . 47 .
3 . EXHIBITS: None
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. 3K
Kent City Council Meeting
Date January 6 1998
Category Other Business
1. SUBJECT: CHERRYWOOD4FINAL PLAT FSU-95-9
�E
Lp`
2 . SUMMARY STA'D$M T This is an application for the
Cherrywood Final Plat. The subject project is 4 .73 acres in
size and is located at 26235 114th Avenue S.E. The City
Council approved the Cherrywood preliminary plat on June 18,
1996.
3 . EXHIBITS: Staff memo, map, and Council minutes of 6/18/96
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember O1z moves, Councilmember� seconder(
L-ANE
to approve the staff's recommendation for the CherrywoodAFinal
Plat FSU-95-9 Q p
'Z�sr
DISCUSSION• /)
ACTION:,
Council Agenda
Item No. 4A
CIiV OF 1 Q��(�V
Jim White, Mayor
Planning Department (206) 859-3390/FAX(206) 850-2544
James P. Harris, Planning Director
MEMORANDUM
January 6, 1998
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: CHERRYWOOD FINAL PLAT 9FSU-95-9
On June 18, 1996, the City Council approved the Cherrywood Preliminary Subdivison SU-95-9,
a 18-lot single family residential plat. The site is approximately 4.73 acres in size, and is located at
26235 114th Avenue SE. The property is presently zoned SR-8, Single Family Residential, with a
4,000 Square foot minimum lot size(at the time Hearing Examiner approved the preliminary plat
the zoning designation was R1-5.0, Single Family Residential with a 5,000 square foot minimum
lot size). Twenty-four conditions were part of the Council's approval. The applicant has now
complied with the conditions as listed below and has made an application for a final plat. Staff
recommends approval of this application:
A. CONDITIONS OF APPROVAL:
1. The owner/subdivider shall comply with all applicable conditions of the mitigated
Determination of Nonsignificance for the Chenywood Subdivision(formerly known
as Bisceglia Estates) #ENV-95-74.
B. PRIOR TO RECORDATION OF THE SUBDIVISION:
1. The subdivider shall dedicate sufficient right of way to construct the plat street to
City Standards for a Residential Street, minimum right of way 49 feet, including a
minimum 50.5-foot radius (at right-of-way line --45 feet curb line) in a cul-de-sac
turnaround at the terminus of the plat street and in the 'knuckle', and 35-foot radius
curb returns at the intersection of the plat street at 114th Avenue Southeast.
2. The subdivider shall revise the configuration of Lots 9, 10, 11 and 12 to consolidate
access via a 26-foot-wide private access tract, per City Standards. This access tract
shall include a hammerhead turnaround meeting the requirements of the Kent Fire
Department. As an alternative, the homes constructed on lots 10 and 11 will be
required to install an approved fire suppression system(sprinldering) in lieu of the
turnaround.
] 04ih AVENGE SOCTH KENT WASHINGTON OS02-S44j TELEPHONE. 1_;31 Xi4-11W
Cherrywood Preliminary Plat#FSU-95-9
January 6, 1998
3. To clarify SEPA condition#5 for the MDNS for#ENV 95-74, the subdivider shall
grant a 10-foot-wide pedestrian access tract along the entire southerly boundary of
Lot 1.
4. The subdivider shall revise the subdivision map to eliminate Tract'C' as a separate
tract, and include it in the dedication of the right of way for Road'A'.
5. The subdivider shall waive abutter's access rights across the entire frontage of the
wetland and stormwater detention areas (Tracts A and B),plus across the southerly
50 feet of Lot 17 (ensuring a minimum of 100 feet of access restriction northerly
from the Point of Tangency of the northwesterly curb return at 114th Avenue
Southeast and the plat street). Said access restriction, or as modified by Condition
#6, shall be stated clearly upon the face of the subdivision map.
6. The subdivider shall grant a 24-foot-wide joint/reciprocal access easement centered
upon the common property line between Lots 17 and 18 to minimize the number of
driveways onto 114th Avenue Southeast. The easement shall include adequate area
on Lots 17 and 18 to provide a hammerhead turnaround accommodating a full-sized
passenger vehicle/pick-up truck to prevent vehicles'backing' out onto 114th Avenue
Southeast.
If the stormwater detention and conveyance requirements for this subdivision result
in the deletion of proposed Lots 17 and 18,then the subdivider shall waive abutter's
access rights across the entire frontage of the subdivision on 114th Avenue
Southeast.
7. The subdivider shall grant a 24-foot-wide joint access easement centered upon the
common property line of proposed Lots 4 and 5, and shall provide therein a
minimum 16-foot wide joint driveway.
8. The subdivider shall provide engineering drawings for review and approval by the
City, and shall either construct or bond for the following:
a) A gravity sanitary sewer system to serve all lots.
b) A water system meeting domestic and fire flow requirements for all lots.
c) A storm drainage system meeting the Kent Standards for conveyance,
detention,water quality treatment, etc. The minimum detention standard to
be met for this project shall be that for Hillside development. (See SEPA
conditions for more details). It has been determined by the City that an
infiltration system is not feasible for the subject property.
2
Cherrywood Preliminary Plat#FSU-95-9
January 6, 1998
A Conceptual Drainage Plan must be submitted to determine the adequacy
of Tract 'A' to meet the stormwater management requirements for this
development. Lots 10, 11, 16, 17, and 18 could need to be revised to
accommodate this requirement.
A minimum width of five feet within the approved wetland area on the north
side of, and adjacent to the plat street right of way shall be included in the
calculation of the "Wetland to be Removed" to account for all of the impacts
due to roadway and sidewalk construction.
Provisions to maintain the wetland hydrology shall be included in the
stormwater management system.
d) Improvement of 114th Avenue Southeast as described in the mitigation
conditions of SEPA#ENV-95-74.
e) A 32-foot-wide paved roadway; concrete curbs, gutters on both sides of the
street; five (5)-foot-wide concrete sidewalks along both sides of both plat
streets; street lighting; storm drainage; street channelization; utilities and
appurtenances, and a cul-de-sac turnaround (or as approved by the Fire
Marshal)per City Standards for a Residential Street. This shall include 35-
foot radius curb returns at the interior intersections of the plat street at the
'knuckle' and at the plat street intersection with 114th Avenue Southeast.
fj A hard-surfaced,fenced,pedestrian and bicycle access route, with acceptable
nighttime illumination along the access tract required of Condition#3, above.
A catch basin shall be provided along the walkway for drainage; a pedestrian
maze gate shall be installed at the west end of the walkway; and a bollard
shall be placed at the east end of the walkway.
9. The subdivider shall dedicate all necessary public right of way for the improvements
listed in Condition B.8 above, and shall provide all public and private easements
necessary for the construction, operation, and maintenance of the required
improvements identified in Section B, above.
10. The owner/developer shall submit for review and approval by the Planning and
Public Works Departments a tree plan for the general site, for the roadway, and for
all individual lots showing all trees six inches in diameter or greater, and their
relationship to any proposed structure; approval and construction of the final
roadway design and issuance of a development permit for any lot may not occur prior
to approval of the tree plan by the Kent Planning Department.
3
Cherrywood Preliminary Plat#FSU-95-9
January 6, 1998
11. The owner/developer shall dedicate five percent(5%) of the total plat area for open
space park land or pay a fee in lieu of a donation per the requirements of KCC
Section 12.04.490.
12. The existing house shall be removed or shall be connected to a public sewer.
Existing septic tanks must be abandoned by a licensed septic system installer. Any
wells must be abandoned according to Department of Ecology (DOE) standards.
11 The owner/subdivider shall provide mailbox stands as approved by the U.S.
Postmaster, i.e., at approximately the center of proposed lot 17 on the 114th Avenue
SE street side,at approximately the centers of proposed lots 13 and 2 on Road "B",
and at approximately the eastern one-third of proposed lot 15 on Road"A".
14. The owner/subdivider shall provide fire hydrants according to the requirements of
the Kent Fire Department.
C. PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF ANY BUILDING
PFR IT ON ANY LOT Its THE CHERRYWOOD SIJBDTVTSTnN (#SU-95-91.
r�1�vLi i vL.
1. The subdivider shall construct the improvements noted in Sections "A" and "B",
above.
2. The owner/subdivider/developer shall provide to residents of each lot information
about the safe use and disposal of household hazardous waste, including motor oil,
in order to minimize surface water pollution. The Kent Planning Department shall
provide the property owner with sample information brochures that may be
distributed or made available to residents to satisfy this condition.
Dust generated during construction activities on all lots shall be controlled by wetting
dust sources such as areas of exposed soils, washing truck wheels before they leave
the site, and installing and maintaining gravel construction entrances. Construction
vehicle track-out on public rights of way are violations subject to fines from the
Department of Ecology, the City of Kent, and/or the Puget Sound Air Pollution
Control Authority.
JPH/mp:u:fsu959fp.cc
cc: Fred N. Satterstrom, Planning Manager
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1 1 4 t h A v e n u e S E
June 18 , 1996
PLAT (OTHER BUSINESS - ITEM 4B) 1
This date
Cherrvwood Preliminary Plat SU-95-9. T 111
has been set to consider the Hearing Examiner' s I
recommendation for conditional approval of an
application by W.E. Ruth, Jerry Prouty, and W.E.
Ruth Real Estate for a 18-lot single family
residential preliminary subdivision. The pro-
perty is located at 26235 114th Avenue S.E.
ORR MOVED to accept the findings of the Hearing
Examiner and to adopt the Hearing Examiner s
recommendation of approval with 25 conditions of
the Cherrywood 18-lot single family residential
preliminary subdivision. Houser seconded and the
motion carried.
COMP PLAN (OTHER BUSINESS - ITEM 4C)
cr
AMENDMENT Comprehensive Plan Amendment - MC-1 ZOn1n
District (CPA-96-2) . The Interim Land Use and
Planning Board has recommended adding Policy
LU-16. 4 regarding the M1-C zone to the Kent
Comprehensive :: ian. This policy was inadver-
tently left out of the Comprehensive Plan when
oriainally adopted in April 1995 .
ORR MOVED to adopt Ordinance No. 3302 adding
Policy LU-16 .4 regarding the M1-C zone to the
Kent Comprehensive Plan, as recommended by the
Interim Land Use and Planning Board. Johnson
seconded and the motion carried.
HOUSING (CONSENT CALENDAR - ITEM 3N)
South Xing County Housing Forum• AUTHORIZATION
to set July 21 1996 , at 6 : 00 p.m• as the date and
time for a workshop concerning housing needs and
issues in South King County, as requested by the
Planning Committee on May 21, 1996 . The staff Of
the South King County Housing Forum will present
a slide show and a model for addressing the need
for a coordinated approach to fund affordable
housing. A draft resolution will be presented
for consideration, authorizing the City to work
with other South King County cities to develop a
draft interlocal agreement for a regional entity
to address housing in South King County.
ZONING (CONSENT CALENDAR - ITEM 30)
Meridian Stream Buffers Interim Zoning Controls
Extensions ADOPTION of Ordinance No. 3300 which
extends the interim zoning controls now in effect
4
Kent city Council Meeting
Date January 6. 1998
Category Other Business
1. SUBJECT: GLENN KARA FINAL PLAT/RE-PLAT FSU-96-13
2 . SUMMARY STATEMENT: This is an application for the Glenn
Kara Final Plat/Re-plat. The subject subdivision is nine (9)
acres in size and is located at 9840 S. 222nd Street. The City
Council approved the Glenn Kara re-plat preliminary plat on
July 2, 1996.
3 . EXHIBITS: Staff memo, map, and Council minutes of 7/2/96
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember 0 n moves, Councilmember seconded
to approve the staff' s recommendation for the Glenn Kara Final
Plat/Re-plat s: 77 r.QOLAD
DISCUSSION: —Y�-O
ACTION: 61 << d!
Council Agenda
Item No. 4B
CITY OF TEA
Jim White, Mayor
Planning Department (206) 859-3390/FAX (206) 850-2544
James P. Harris, Planning Director
MEMORANDUM
January 6, 1998
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: GLEN KARA RE-PLAT FINAL PLAT NO. FSU-96-13
On July 2, 1996, the City Council approved the Glen Kara Re-Plat Preliminary Subdivison SU-96-
13, a 37-lot single family residential plat. The site is approximately 9.0 acres in size, and is located
at 9800 S. 222nd in Kent, Washington. The property is presently zoned SR-6, Single Family
Residential, with a 7,200 Square foot minimum lot size. Twenty-two conditions were part of the
Council's approval. The applicant has now complied with the conditions as listed below and has
made an application for a final plat. Staff recommends approval of this application:
A. PRIOR TO RECORDATION OF FINAL PLAT
1. The subdivider shall dedicate sufficient right-of-way, across the entire property
frontage on 100th Avenue Southeast, for the widening of I00th Avenue Southeast
to City Standards for a Residential Collector street, augmented with bicycle lanes,
for a total half-street right-of-way width of 31.5 feet. This deed of right-of-way shall
be provided based upon a survey to be performed by a licensed land surveyor of the
subject property, I00th Avenue Southeast, and South 222nd Street, and shall clearly
delineate the existing public right-of-way, curb lines, and public improvements on
100th Avenue Southeast, and South 222nd Street, and the additional right-of-way
needed to widen 100th Avenue Southeast, and South 222nd Street as noted.
This dedication of right-of-way shall include all property necessary to construct a
35-foot radius curb returns,with five [5)-foot wide sidewalks and utility strips, at all
intersections of the plat streets and 100th Avenue Southeast,and South 222nd Street.
2. The subdivider shall waive abutter's access rights across the entire subdivision
frontage of both 100th Avenue Southeast and South 222nd Street. This access
restriction condition shall be clearly stated and shown on the face of the final map.
3. The subdivider shall provide engineering drawings for review and approval by the
City, and either construct or bond for the following:
"01Ih \VE`1 E SOUTH KENT.%VASHINOTONLINO?]-i805 TELEPHONE ,_511854-3NN)
Glen Kara Re-Plat Final Plat
#FSU-96-13
Page 2
a) Provide a gravity sanitary sewer system to serve all lots. The sewer system
shall be extended to 100th Avenue Southeast and northerly along the entire
frontage thereon or as alternately approved by the Public Works Director,and
shall be sized to serve all off-site properties within the same service area.
b) Provide a water system meeting domestic and fire flow requirements for all
lots.Water service to the subject property will be provided by the Soos Creek
Water District. Contact the district for details on necessary improvements.
c) Provide storm drainage system meeting the Kent Standards for conveyance,
detention, water quality treatment, etc. The minimum detention standard to
be met for this project shall be that for Hillside development.
d) A 32-foot wide paved roadway for all of the interior streets: 99th Avenue
South, South 220th Street, and 98th Avenue South; concrete curbs and
gutters; five[ 5 ]-foot wide concrete sidewalks along both sides of these
streets; street lighting; drainage facilities; street channelization;utilities and
appurtenances, and cul-de-sac turnaround on 99th Avenue South, per City
Standards. This shall include a minimum 49-foot right-of-way along the
roadway, a minimum 51.5-foot right-of-way radius [45-foot at curb line] in
the cul-de-sac turnaround, and 25-foot radii curb returns at internal street
intersections.
e) A half street widening/improvement of South 222nd Street across the entire
subdivision frontage. The paved half street roadway width shall be 16 feet
from centerline to face of curb and shall also include street lighting;
sidewalks; drainage facilities; street channelization; utilities and
appurtenances.
These improvements shall also include sufficient pavement to provide a
12-foot wide eastbound lane on the southerly side of the roadway centerline
across the entire frontage of the subdivision; and necessary pavement
transitions to the existing roadway pavement to the west of the subdivision.
In addition,the subdivider shall install "No Parking" signs across the entire
subdivision frontage on South 222nd Street.
Finally,these improvements shall include a overlay of the existing roadway
pavement, as necessary, to provide a 2 percent crown across the pavement;
and,as necessary to meet City Standards for roadway pavement section for
a Residential Street.
f) A half street widening/reconstruction of 100th Avenue Southeast across the
entire subdivision frontage to City standards for a Residential Collector Street
Glen Kara Re-Plat Final Plat
#FSU-96-13
Page 3
augmented with bicycle lanes. The paved half-street roadway width shall be
23 feet from centerline to face of curb and shall also include street lighting;
sidewalks; drainage facilities; channelization; utilities and appurtenances as
well as a 35 foot radius curb return at the intersections with South 222nd
Street and South 220th Street.
The owner/developer shall also improve the easterly half of 100th Avenue
Southeast to provide a 12-foot wide northbound lane on the easterly side of
the roadway centerline across the entire frontage of the subdivision. These
improvements shall include necessary pavement transitions to the existing
portion of 100th Avenue Southeast to the north and south of the subdivision.
The roadway improvements shall meet city standards for pavement section
design, and shall provide a 2 percent crown slope. The owner/developer's
engineer shall perform an evaluation of the existing roadway pavement, and
design an asphalt concrete overlay of the existing pavement per City of Kent
Construction Standards. The minimum overlay shall be 2 inches. Based on
this evaluation,and the review and approval of the City,the owner/developer
shall either reconstruct or overlay the east side of 100th Avenue S.
At the southwesterly comer of the intersection of 100th Avenue Southeast
and South 222nd Street, the subdivider shall construct a minimum 25-foot
radius pavement edge connecting 100th Avenue Southeast and South 222nd
Street, on the southwesterly quadrant of the intersection.
g) Widen and improve the easterly shoulder of 100th Avenue Southeast from
South 222nd Street to the Countryview Estates subdivision(SE 225th Place)
with an asphaltic concrete pedestrian walkway —minimum pavement depth
of two [2] -inches of asphaltic concrete, and a minimum five [5]-foot width.
Incorporate drainage improvements as necessary.
4. If any wetland impacts are proposed, a wetland mitigation plan shall be submitted to
Kent Public Works for review and approval prior to recordation of final plat. The
wetland boundary delineation for the site has been reviewed and approved, but the
conceptual mitigation plan that is contained within the delineation report is
unacceptable. The conceptual plan does not address avoiding or minimizing impacts
to wetland 1 by analyzing alternatives that would avoid the impact,as stated in KCC
11.05.120,2b. The avoidance of wetland impacts shall be pursued to the maximum
extent.
5. The approved wetland boundaries need to be surveyed and marked with permanent
monuments. The survey shall be completed using City of Kent coordinates and the
surveyor shall provide the City a copy of the final survey map on 3.5 inch diskette
in DXF format. Four copies of the full size (22 inch by 34 inch) wetland map
prepared to scale by a licensed professional surveyor which shows the wetland
Glen Kara Re-Plat Final Plat
#FSU-96-13
Page 4
boundary, the approved wetland buffers, and the areas of each are required. These
maps will be attached to the copies of the report we have on file.
6. The entire approved and preserved wetland(s)and it's buffer(s)shall be permanently
protected as a separate sensitive area tract in accordance with the Kent Wetland
Management Code. The buffer areas shall be isolated from intrusion and/or
disturbance using landscaping, signage and/or other appropriate screens, as well as
an approved fence.
7. The subdivider shall execute stormwater maintenance covenants prepared by the City
of Kent Property Management Section for the entire parcel before the issuance of any
construction permits.
8. The subdivider shall conduct a detailed storm drainage analysis upstream of the
subject drainage basin,downstream to Garrison Creek. Based upon this analysis and
previous modelling work by the City of Kent, the City will review the
recommendations of the subdividef s professional engineer to determine what off-site
downstream improvements are necessary, and/or what additional detention is
required to not adversely impact downstream properties.The drainage improvements
shall be adequate to convey the most critical design storm(up to a 100-year event)
as determined by the Public Works Director.
9. Any drainage systems that releases stormwater down the slope toward Garrison
Creek shall be tight-lined to protect the slope surface. Appropriate erosion control
measures, as determined by the City of Kent City Engineer, shall be used. The
existing conveyance and outfall installed as part of the Willow Way project will be
allowed if the capacity of the existing system is determined by the City of Kent City
Engineer to be adequate to convey potential storm water.
10. All roof-drains from properties along the westerly edge of the plat shall be
intercepted and piped into the storm drainage system.
11. The subdivider/developer shall submit a detailed tree plan which shows the location
of all significant trees of six inch caliper or greater. This plan shall be submitted and
approved by the Planning Department prior to any construction activity taking place
on-site for road or utility grading purposes.
12. The subdivider shall dedicate all necessary public right-of-way for the improvements
listed in this section and,provide all public and private easements necessary for the
construction, operation and maintenance such required improvements.
13. The map of well locations (Figure 42) in the report titled, "Water Well Impact letter
report for Glen Kara Development" shall become part of the preliminary plat map.
The owner/developer shall comply with all public health regulations regarding
Glen Kara Re-Plat Final Plat
#FSU-96-13
Page 5
private wells and shall implement all recommended measures identified in said report
to ensure that private water systems in the area are not adversely affected by the
proposed development of the subject property.
B. PRIOR TO THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT:
1. The subdivider shall construct the improvements noted in Section A. above.
2. Development on all lots shall protect solar access to properties to the north of each
lot according to the calculations specified in Kent Zoning Code section 15.08.234.
JPWmp:u:fsu9613.cc
cc: Fred N. Satterstrom, Planning Manager
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July 2 , 1996
REZONES Rezone No. RZ-96-11 and to direct the City
Attorney to prepare the necessary ordinance.
Johnson seconded and the motion carried.
PLATS (CONSENT CALENDAR - ITEM 3H)
Country view Estates II Preliminary Plat SII-95-5.
AUTHORIZATION to set July 16, 1996, as the date
for a public meeting to consider the Hearing
Examiner' s recommendation of approval with con-
ditions for a preliminary plat application by
Shamrock Development Corporation. The property
is located at 22600 100th Avenue S.E.
(CONSENT CALENDAR - ITEM 3I)
Swan Court Preliminary Plat SII-95-4.
AUTHORIZATION to set July 16, 1996, as the date
for a public meeting to consider the Hearing
Examiner' s recommendation of approval with con-
ditions for a preliminary plat application by
Curtis LaPierre. The property is located south
of S.E. 240th Street between 112th Avenue S.E.
and 114th Place S.E. if extended.
(OTHER BUSINESS - ITEM 4B)
Glen Rara Re-plat SII-96-13. The Hearing Examiner
has recommended conditional approval of an appli- I
cation by Lakeridge Development, Inc. , for a
37-lot single family residential preliminary
subdivision. The property is located at 9800 S.
222nd in Kent.
Kevin O'Neill of the Planning Department noted
that when the Hearing Examiner made his con-
ditions there was a change to Condition 10 which
was inadvertently not reflected in the Council
packet. He noted that Condition 10 should be
changed to read "All roof drains from properties
along the westerly edge of the plat shall be
intercepted and either: 1. piped to the storm
drainage system; 2. directed to lot filtration
systems; or 3 . discharged to the wetland area to
provide compensating hydrology.
ORR MOVED to accept the Findings of the Hearing
Examiner and to adopt the Hearing Examiner' s
recommendation of approval with 21 conditions of
the Glen Kara Re-Plat 37-lot single family
residential preliminary subdivision. Houser
seconded and the motion carried.
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CONTINUED COMMUNICATIONS
A.
n
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
EXECUTIVE SESSION - Property Acquisition (2)
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