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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/17/1998 Cmity of Kent l Meeting iCt Councl Ag enda CITY OF 1 .. 1 Mayor Jim White Councilmembers Leona Orr, President Sandy Amodt Tim Clark Jim Bennett Connie Epperly Tom Brotherton Judy Woods February 17, 1998 Office of the City Clerk CITY Of ��I�nfr1 ;i SUMMARY AGENDA KENT CITY COUNCIL MEETING February 17 , 1998 Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President Sandy Amodt Tom Brotherton Connie Epperly Jim Bennett Tim Clark Judy Woods CALL TO ORDER FLAG SALUTE ROLL CALL 1. PUBLIC COMMUNICATIONS (J� A. Update on King County B. Dorothy Mullens Arts & Humanity Award C. Legislative Update D. Proclamation-Jim Bennett 2. PUBLIC HEARINGS None 3. CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. Lion's Club Donation-Acceptance D. 1998 Grant Applications-Authorization E. 1998 IAC Grant Applications-Authorization F. East Hill Park Expansion Development Budget-Accept Fee-In-Lieu of Funds G. Lake Fenwick Trail-Accept 1996 Interest from 1989 Open Space Bonds and Amend Budget H. HVAC Contract Extension &Addition-Authorization I. Transportation Service Provider Agreement-Authorization J. Mill Creek Special Area Management Plan (SAMP)Agreement-Authorization K.a1t 42nd Avenue Street Vacation- Resolution -Set Hearing Date L. King County Grant Agreement Special Recycling Events-Authorization & Establish Budget M. 277th/274th 1997 Grade & Fill-Acceptance N. 196th Street Corridor Condemnation-Ordinance 3 0. +i School Impact Fees- Ordinance - ?;� 3 P. Nancy's Grove Final Plat- Set Meeting Date Q. Green River Natural Resource Enhancement Area -Towers/Bridges-Acceptance R. Soos Creek Well Transmission Main-Acceptance S. Central Avenue & Pioneer Traffic Signal-Acceptance 4. OTHER BUSINESS A. Allenbach IV Preliminary Plat B. Pacific Heights Preliminary Plat �C. f. Emergency Comprehensive Plan Amendment- Resolution i 5. BIDS RT1}- Resvlu h M /501 A. Senior Center Reroofing Work B. Green River Nursery Site Work C. Kent Springs Transmission Main Rebuild-SE 288th St D. Surplus of a 1975 Ford LN Series Pierce Fire Engine and a 1981 Van Pelt Ladder Truck 6. CONTINUED COMMUNICATIONS 7. REPORTS EXECUTIVE SESSION - Property Acquisition Pending Litigation 8. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. 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) Update on King County B) Dorothy Mullens Arts & IHumanity Award UU C) Legislative Update D) Proclamation - Jim Bennett a CONSENT CALENDAR 3 . City Council Action: Councilmember �jk moves, Councilmember seconds that Consent Calendar Items A through S be approved. Discussion Action MC" 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 3 , 1998, with the following correction to Item 3B: The amount shown for "Approval of checks issued for vouchers - prepaids" should be $1, 083 , 491. 52 , rather than $505, 757 . 56; and the total should be $2, 165, 186 . 51 , rather than $1, 587 , 442 . 55. 3B. Approval of Bills. Approval of payment of the bills received through January 30 and paid on January 29 & 30, 1998 , after auditing by the Operations Committee on February 3 , 1998. Approval of checks issued for vouchers: Date Check Numbers Amount 1/29/98 195168-195430 $2 , 446, 192 . 17 1/29/98 195431-195699 1, 061, 064 . 97 1/30/98 195700-19593.4 1, 205 , 682 . 45 $41712 , 939. 59 _Approval of checks issued for payroll for January 16 through January 31, 1998, and paid on February 5, 1998 : Date Check Numbers Amount 2/5/98 225363-225702 $ 240, 628 . 92 2/5/98 54707-55240 697 , 525. 05 $ 938, 153 . 97 Council Agenda Item No. 3 A-B Kent, Washington February 3 , 1998 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Amodt, Brotherton, Clark, Epperly, Orr and Woods, Operations Director/ Chief of Staff McFall, City Attorney Lubovich, Fire Chief Angelo, Police Chief Crawford, Planning Director Harris, Public Works Director Wickstrom, Parks Director Hodgson, Finance Director Miller, and Acting Information Services Director Mulholland. Approximately 25 people were in attendance. PUBLIC Employee of the Month. Mayor White announced COMMUNICATIONS that Kenneth Dehnert of the Parks Maintenance Department has been selected as February Employee of the Month. Parks Director Hodgson congratulated Kenny and noted that he was nominated not only by employees in his own department but also by individuals throughout the entire Parks and Recreation department. He noted that Kenny has provided a real sense of community in the department and that he was chosen because of his resourcefulness. Hodgson pointed out that Kenny is always looking for creative ways to save money so that it can be used for other programs. The Mayor then presented Kenny with the Employee of the Month plaque. Natural Medicine Clinic Update. Merilee Manthey gave a brief update on the Natural Medicine Clinic and presented a video clip from the Today Show. She noted that the video was filmed last October and since that time the new facility has been opened and dedicated. She explained that the research projects will probably be completed by the end of the year and that the Wellness Capital Project continues to receive new profes- sional physicians. Mayor White thanked Ms. Manthey on behalf of the City for all of her work toward this project. He noted that the project has certainly brought positive publicity to the City of Kent. The Mayor also commended the Council for the resolu- tion passed which started this whole project in motion and that it has had positive results. Introduction of Mayor's Appointees. Mayor White introduced Mary Lou Becvar as his appointee to the Drinking Driver Task Force, and Rev. Perry Rock as his appointee to the Human Services Commission. 1 Kent City Council Minutes February 31 1998 PUBLIC Washington Survey and Rating Bureau Report. COMMUNICATIONS Fire Chief Angelo noted that the results from the Washington State Rating and Survey Bureau have been received. He explained that the Bureau works with industry to help rate businesses for fire insurance. He noted that the Bureau has 10 ratings and that the City of Kent has been upgraded from a 4 to a 3 category. He explained that the ratings help to recognize the City' s improvements in the system in the areas of the fire department, dispatch, public works as it relates to water, and building construction. He noted that buildings with sprinklers do not receive any additional benefit because they receive a credit well ahead of the rating itself, but buildings without sprinklers that have a standard hydrant distribution will receive benefits. He noted that the ratings provide the City with a partial review of the department, not a comprehensive review, but it points out areas that are very important to help maintain the #3 rating for the citizens. Angelo noted that four areas were identified in the report which deal with water flow in the downtown (core) area, and that if the City can draw bigger mains in the street and make some improvements, it will help to hold onto the #3 rating. He noted that Public Works Director Wickstrom has been working on the impoundment area and when the City is able to produce that area it will provide a backup water supply to handle peak flows in the summertime. He noted that records both in Fire Prevention and Fire Training need a 5-year minimum record of the background document. He noted that the last area mentioned in the report was staffing and, in particular, the East Hill Engine which has not been fully staffed but the City is working through those efforts. Angelo thanked the Mayor, City Council and Fire Commissioners of District 37 for allowing the Fire Department to reduce the risks to the community, help the citizens and taxpayers reduce the cost of their insurance and save taxpayers money. He noted that the insurance rate will be based on such things as the type of occupancy and tasks operating inside, the experience with insurance, and what the insurance company is encountering as impacts on fires throughout the country as well as subregionally. 2 Kent City Council Minutes February 3 , 1998 PUBLIC Legislative Update. Government Affairs Manager COMMUNICATIONS Laurent provided the Council with a Legislative Update and noted that Friday is the first cutoff for all bills to be out of committee and the house of origin. She noted that bills with a fiscal impact have three days longer to get out of their committees which should dramatically cut back the 10-page list of bills currently being tracked that have some impact on local govern- ment. She explained that HB2514 had many people concerned about how to address watershed manage- ment but that the bill has been pulled out of hearings and will not be considered at all. She noted that the Governor's plan for salmon restoration is all that's left and that the City has just received a copy of the plan. She noted that the City is reviewing the impacts of the plan on local government water operations. Laurent noted that SB6515 regarding the use of rights-of-way by telecommunications companies would remove the City' s authority to manage those rights-of-way by eliminating their authority to coordinate location and timing of the use of the right-of-way. She explained that this bill would destroy key provisions to the City's management of the rights-of-way, balancing the interest, making sure that construction impacts are mini- mized, and making sure that funds are used in the most efficient and resourceful way. She noted that there is much support for telecommunications companies and that its likely some type of bill will move out of committee. Laurent concurred with Clark that this bill would require cities to pay for relocation and undergrounding, fund the telecommunications infrastructure, and pass the burden onto local governments as an unfunded mandate. Letter from Councilman Bennett. (ADDED BY COUNCIL PRESIDENT ORR) Orr noted that she received a resignation letter today from Councilman Bennett and then she read it into the record. Mayor White noted that it is stunning when a colleague' s health is such as Mr. Bennett's and he noted that it is sad to lose him. Clark com- mended Councilman Bennett and noted that he was very selective in the issues he chose to defend but was always very passionate about those things. 3 Kent City Council Minutes February 3 , 1998 PUBLIC State of the City Address. Mayor White delivered COMMUNICATIONS his State of the City Address reporting on the city's accomplishments, goals and challenges. He pointed out that the city's financial position is the strongest ever and that the goal of lot strategic reserves in the General Fund has been reached. He noted that the City of Kent is one of the few cities to have balanced the budget within the constraints of Referendum 47 which limited the property tax collections to only 1. 9% growth. Mayor White outlined some of the accomplish- ments which include the doubling of the city's population due to several major annexations, the commencing of construction on two major east/west corridor projects, acquiring new park properties for future development, the establishment of strong working relationships with the city' s labor unions, and the completion of the Downtown Strategic Plan which is nearing final adoption by the Council. The Mayor noted that challenges to be faced this year include making an investment in technology by upgrading the city' s computer networks, hard- ware, software and telephone systems; addressing the operational issue of implementing performance audits for each department; voter approval of bonds to fund park and playfield development; support for initial design on the 228th corridor project; freight mobility issues and grade separation of rail crossings; addressing the important issue of sufficient water for the future; issuance of permits for construction of the impoundment project to provide water storage; enhancing training efforts in management and diversity to include the Multicultural Task Force recommendations; and continued emphasis on public safety. CONSENT ORR MOVED that Consent Calendar Items A through CALENDAR J, with the exception of D, 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 January 20, 1998 . 4 Kent City Council Minutes February 31 1998 SEWERS (CONSENT CALENDAR - ITEM 3C) LID 350 Big "R" Sanitary Sewers. ADOPTION of Resolution No. 1504 setting the hearing date for March 3 , 1998 , to establish the formation of LID 350, Big K Sanitary Sewers - 124th Ave SE & SE 270th St. , as recommended by the Public Works Committee. PERSONAL (OTHER BUSINESS - ITEM 4B) 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. This matter was deferred from the December 9 , 1997 Council meeting. Epperly noted that this issue has been very emotional over the last year and that she is going to support this ordinance. Clark noted that several hearings have been con- ducted, but the city currently has an ordinance in place that has brought peace to Lake Meridian in terms of the community and he suggested that the proposed ordinance fail. Brotherton noted that in 1996, at the request of over 100 petitioners who live near Lake Meridian and after many public hearings, the Council adopted an ordinance to regulate the operation of personal watercraft on the Lake. He noted that the pleas of the citizens were that the Lake was unsafe, they were being driven out, they could no longer enjoy their backyards, and they couldn't go outside because the situation was intolerable and unacceptable. He reiterated that the current ordinance has been very successful and many of 5 Kent City Council Minutes February 3 , 1998 PERSONAL the residents have expressed that the situation WATERCRAFT is safer, acceptable, the Lake is quieter, and personal watercraft users still get to use their watercraft on the even-numbered days throughout the summer. He noted that for the last few months Council has heard from a very small group of personal watercraft users who would like to extend the time for high-speed operation on the Lake. He also noted that the personal watercraft ordinance is an example of government listening to its citizens and enacting laws to protect them. He noted that the current ordinance must not be weakened until another way is found to protect the citizens and he urged the Council to reject the ordinance before them tonight. The motion to adopt Ordinance No. 3385 failed with Orr and Epperly voting in favor; and Amodt, Brotherton, Clark, and Woods voting against it. STREETS (CONSENT CALENDAR - ITEM 3D) (REMOVED BY COUNCIL PRESIDENT ORR) S. 196th Street Corridor - West Lea. ADOPTION of Ordinance No. 3389 authorizing condemnation by eminent domain proceedings on the property along a portion of S. 196th Street Corridor, between the Corridor' s western terminus at its intersec- tion with Orillia Road and the intersection with West Valley Highway, should negotiations fail, as recommended by the Public Works Committee. City Attorney Lubovich noted that there is one technical change to this item. He noted that on Page 3 , Section 8 of the current ordinance it states that it shall be in force five days after publication of the attached summary which is hereby approved. He explained that there is not an attached summary so he requested that the language be removed and replaced with "be in force five (5) days after passage, approval and publication as provided by law. " ORR MOVED to approve Ordinance No. 3389 as amended by City Attorney Roger Lubovich. Woods seconded and the motion carried. STREET (OTHER BUSINESS - ITEM 4C) VACATION S. 188th Street Vacation STV-97-3. A public hearing was held on January 20, 1998 , to consider an application to vacate a portion of the South 6 Kent City Council Minutes February 3 , 1998 STREET 188th Street right-of-way located between 80th VACATION Place South and 80th Avenue South. This street vacation was continued to February 3 , under Other Business, to give the applicant time to contact adjacent property owners. ORR MOVED to continue this item for two weeks at the applicant' s request for additional time to solve this issue. Epperly seconded and the motion carried. PLATS (CONSENT CALENDAR - ITEM 3I) Allenbach IV Preliminary Plat SU-96-31. SET February 17 , 1998, as the date for a public meeting to consider a preliminary plat appli- cation by Baseline Engineering, Inc. for Allenbach IV. (CONSENT CALENDAR - ITEM 3J) Pacific Heights Preliminary Plat SU-96-22. SET February 17, 1998 , as the date for a public meeting to consider a preliminary plat appli- cation by Joe Singh for Pacific Heights. (OTHER BUSINESS - ITEM 4D) Meridian West Preliminary Plat. This date has been set to consider the Hearing Examiner' s recommendation of approval of a modification to a condition for the Meridian West Subdivision. This plat is 4 .86 acres in size and is located on the west side of 132nd Avenue SE, north of SE 266th Street (26405 132nd Avenue SE) . CLARK MOVED to accept the findings of the Hearing Examiner, and to adopt the Hearing Examiner' s recommendation of approval of the modified con- dition. Orr seconded and the motion carried. (OTHER BUSINESS - ITEM 4E) Benson Highlands Final Plat FSU-95-10. This is an application for the Benson Highlands Final Plat FSU-95-10. The subject subdivision contains 13 lots on 3 .79 acres and is located at 11208 SE 244th Street. Planning Manager Satterstrom explained that the applicant is requesting the City Council to defer this item for 30 days and come back to Council on March 3rd. He noted that the applicant hoped to have his bonding for certain plat improvements 7 Kent City Council Minutes February 3, 1998 PLATS finished by tonight and that perhaps two weeks would not be enough time so he is asking for a month. CLARK MOVED to continue the Benson Highlands Final Plat for 30 days, until March 3 , 1998 . Woods seconded and the motion carried. COMPREHENSIVE (OTHER BUSINESS - ITEM 4A) PLAN 1997 Comprehensive Plan Amendments i Zoning May AMENDMENTS Changes. Adoption of an ordinance relating to 1997 Comprehensive Plan Amendments CPA-97-3 (A) , CPA-97-3 (B) , CPA-97-3 (F) , CPA-97-3 (H) , and adoption of an ordinance relating to Zoning Map Changes CPZ-97-1, CPZ-97-2 , and CPZ-97-6. These ordinances would amend the comprehensive plan s land use map designations and the zoning map designations of parcels of property more speci- fically identified in the ordinances, as well as amend the Capital Facilities Element of the Comprehensive Plan. At the request of the applicant, items CPA-97-3 (E) and CPZ-97-5 relating to property located at 11605 Kent-Kangley Road, have been removed from these ordinances and will be submitted to the Council at a later date following fulfillment of a condition to rezone set forth in the Land Use and Planning Board recommendations approved by the Council on January 20, 1998. City Attorney Lubovich noted that there are changes to both of the ordinances regarding the effective dates. He noted that one of the applicants had requested that the effective date be changed to earlier than 30 days. He noted that under the law zoning changes are not subject to referendum so instead of the 30 day effective period, the city can and typically would have drafted the ordinances for a five day effective period after publication. He suggested that Section 4 of the Comprehensive Plan Ordinance and Section 5 of the Zoning Amendment Ordinance be changed to a five-day effective date rather than a 30-day effective date. CLARK MOVED for adoption of Ordinance No. 3390 relating to 1997 Comprehensive Plan Amendments CPA-97-3 (A) , CPA-97-3 (B) , CPA-97-3 (F) , 8 Kent City Council Minutes February 3 , 1998 COMPREHENSIVE CPA-97-3 (H) and adoption of Ordinance No. 3391 PLAN relating to Zoning Map changes CPZ-97-11 AMENDMENTS CPZ-97-2 , and CPZ-97-6, as amended relating to the five days effective date as mentioned. Orr seconded and the motion carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3G) Mill creek Drainage Improvement at Bowen Scarff. ACCEPT as complete the Mill Creek Drainage Improvements @ Bowen Scarff project and release of retainage to R. L. Alia Company upon standard releases from the State, and release of any liens, as recommended by the Public Works Director. The original contract amount was $415, 264 . 68. The final construction cost was $405, 352. 11. TRAFFIC (CONSENT CALENDAR - ITEM 3H) CONTROL 42nd & Reith Road Signal. ACCEPT as complete the 42nd Ave. & Reith Road Signal Remodel project and release of retainage to The 'V' Company upon standard releases from the State, and release of any liens, as recommended by the Public Works Director. The original contract amount was $20, 610. 00. The final construction cost was $20, 610. 00. (OTHER BUSINESS - ITEM 4G) (ADDED ITEM) Star Lake Park-N-Ride. Lisa Ullman, an attorney with Karr Tuttle Campbell Law Firm, noted that she has commuted by Metro bus for the last seven years. She explained that the Star Lake Park-N- Ride lot has been vastly overcrowded in the last six months and spills over onto the street. She noted that she has parked on the street several times over the last seven years but does not ever remember seeing a no-parking sign there until now. She expressed that the Kent Police are preying on those people who are parking on the street. Ullman noted that she has two children she leaves in daycare and that she cannot catch an earlier bus which only leaves her two options; to drive into Seattle or to pay the $20.00 traffic ticket. She noted that the no-parking signs seem to be somewhat arbitrary because there is only a short section where there are no signs. She noted that her request is for Council to consider removing the no-parking signs or to at 9 Kent City Council Minutes February 3 , 1998 TRAFFIC least take a non-enforcement policy until the CONTROL parking situation at the Metro lot can be resolved. Mayor White requested that staff look into this situation and get back to Council with a report and some recommendations. Clark noted for the Mayor that this would be a topic for the Public Works Committee for next Monday' s meeting on February 9, 1998 . Upon Woods request, Chief Crawford concurred that a way to adapt to this situation could be achieved until it comes before the Public Works Committee. TRANSPORTATION (OTHER BUSINESS - ITEM 4H) (RTA) (ADDED BY COUNCIL PRESIDENT ORR) Regional Transit Authority Letter. Orr read into the record a letter that is being considered for transmittal to the Regional Transit Authority Board Members. ORR MOVED for Council concurrence that this letter actually be sent to the Boardmembers of the Regional Transit Authority. Woods seconded and the motion carried. MUNICIPAL (OTHER BUSINESS - ITEM 4F) COURT Lease Agreement with Ring County for Court Space. Staff has negotiated a lease agreement with King County for 4, 600 sq. ft. in the Aukeen Court building. The space will be used for Kent Municipal Court, and will be for five years beginning July 1, 1998 at $15 per sq. ft. per year, full service. Kent will make improvements to parking and furnishings which will be funded by the planned 1998 Councilmanic bond issue. Operations Director McFall noted that this matter was presented to the Operations Committee earlier today and the recommendation is unanimous to enter into the lease agreement. He noted that the rate of $15 per sq. ft. per year is for full service including door security. He noted that furniture will be purchased and a credit received from King County of $25, 069. 22 against the City's lease payments for the value of their existing furniture which King County will be retaining. He also noted that a parking lot will be con- structed or approximately 21 spaces and the City will receive credit of one year' s worth of lease 10 Kent City Council Minutes February 3 , 1998 MUNICIPAL payments against the cost of the construction of COURT the parking lot. McFall noted that the City will confer with King County Officials after a year to determine whether or not construction of addi- tional parking will be necessary. He noted that the City does have a preliminary design for an additional 51 spaces and if part or all of the phase II parking is needed, then the City will receive an additional 12 months of credit against the lease payments. McFall explained that the City would be propos- ing to pay for the capital improvements along with such things as computer system and phone system installments with the Councilmanic Bond Issue that is anticipated later this year. He explained that the Council needs to state its intent to issue the bonds to pay for the improve- ments and that it' s important for everyone to recognize that these are Councilmanic Bonds which are paid from the existing revenue sources with no additional tax liability incurred. He noted that this lease will serve the City's needs for the next five years and give time to determine what the long-term solution for the municipal court space needs will be. ORR MOVED to authorize the Mayor to sign the lease agreement with King County for court space, subject to final approval of the City Attorney; to establish the budget of $545, 000 for Capital Improvements identified in the proposed lease; and to declare the Council' s intent to include these capital expenditures in the planned 1998 Councilmanic bond issue. Brotherton seconded and the motion carried. PARKS & (BIDS - ITEM 5A) RECREATION Russell Road Park Tres Removal. The bid opening for this project was held on January 21, 1998, with 18 bids received. The low bid was submitted by Wydham Design in the amount of $43 , 000. The Engineer' s estimate was $75, 000. The project consists of removing 226 poplar trees and stumps from the park by excavation, pulling all roots and hauling all wood off-site for proper disposal. Fifty of the poplar trees and stumps will be hauled to the Green River Natural Resources Enhancement Area to be used for habitat enhancement. 11 Kent City Council Minutes February 3 , 1998 PARKS & Parks Director Hodgson explained that this RECREATION project is part of the renovation project for Russell Road Park in which it is being completely renovated with new drainage, new irrigation for sand-based ball fields to eliminate rain outs and flooding that has happened over the last five years. Upon Mayor White' s question, Hodgson noted that back trees will be planted as soon as the project is over next fall. WOODS MOVED that the Russell Road Park Tree Removal project be awarded to Wydham Design for the bid amount of $43 , 000. Orr seconded and the motion carried. APPOINTMENTS (CONSENT CALENDAR - ITEM 3E) Drinking Driver Task Force. CONFIRMATION of the Mayor's appointment of Mary Lou Becvar to serve as a member of the Kent Drinking Driver Task Force. Ms. Becvar will replace Nancy Woo, and her appointment will continue until 1/1/2001. Ms. Becvar is a long time Kent resident and serves as the Executive Director of the Kent Food Bank. She has served as a member of the Kent Human Services Commission and has been very involved with the Kent Historical Society. She is a member of Kent Soroptimists and currently serves as Secretary of Kent Kiwanis. She will be a valuable addition to the Task Force. (CONSENT CALENDAR - ITEM 3F) Human Services Commission. CONFIRMATION of the Mayor' s appointment of Rev. Perry Rock to serve as a member of the Kent Human Services Commission. Rev. Rock will represent the religious category on the Commission. He is the Minister at Trinity Reformed Church in Kent where he has served for nine years. Rev. Rock will replace Janer Wilford, who resigned, and his appointment will continue until 1/1/2001. Rev. Rock and his family reside in Kent. He is a member of Kent Rotary and served on the Board of Directors for Kent Youth and Family Services. He currently serves on the Multi Cultural Task Force. 12 Kent City Council Minutes February 3 , 1998 FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through January 15 and paid on January 15, 1998 , after auditing by the Operations Committee on January 20, 1998. Approval of checks issued for vouchers: Amount Date Check Numbers 1/14/98 194609-195090 $ 505,757 . 56 1/15/98 195091-195167 $1, 081,694 .99 44255 Approval of checks issued for payroll for January 1 through January 15 and paid on January 20 , 1998: Date Check Numbers Amount 1/20/98 Checks 224999-225362 $ 289, 128 . 90 1/20/98 Advices 54062-54706 $1, , . 78783464 REPORTS Council President. Orr reminded the Council of the Suburban Cities dinner on February il, 1998 , and requested that if anyone is interested in attending to please contact either Jan or Cheryl in Administration. Orr announced that the Council committees have been selected but with Bennett' s resignation, it may change somewhat. She then noted that Tim Clark will be the Chair of the Public Works/ Planning Committee; Connie Epperly will be the Chair of the Public Safety Committee; and Judy Woods will be the Chair of the Parks Committee. Orr noted that it was very difficult for her to read Mr. Bennett' s resignation letter because he has become a good friend and he will be missed. She noted, however, that it is important to begin the process for the selection of a new council- member and she requested staff' s assistance to get the process in motion. Orr also announced that there will be meetings of the Committee of the Whole, which are similar to workshops that the Council held, on the 1st Tuesday of each month at 5: 30 p.m. to discuss issues of particular importance. She noted for Clark that preliminary information will be provided to the Council. before the meetings are held. 13 Kent City Council Minutes February 3, 1998 REPORTS Public Works Committee. Upon Clark' s question, Mayor White noted that the South county Journal will be expanding their coverage into Federal Way which will cover much of the West Hill for notification of the meetings. Clark recommended for the interim that notice be given to the Seattle Times or Tacoma News Tribune and the Mayor concurred. Public Safety Committee. Epperly noted that the committee will meet on the 3rd Tuesday of each month at 5: 00 p.m. and that the next tentatively scheduled meeting will be on February 17th. Parks Committee. Woods noted that the Parks Committee will be meeting at 4: 00 p.m. on the 1st Tuesday of each month unless otherwise notified. ADJOURNMENT The meeting was adjourned at 8 : 00 p.m. , Donna Swaw Acting City Clerk 14 Kent City Council Meeting Date_ February 17 , 1998 Category Consent Calendar 1. SUBJECT: LION'S CLUB DONATION - ACCEPTANCE 2 . SUMMARY STATEMENT: Accept the Kent Lions Club donation of $1, 102 to purchase and install play equipment at Kent Memorial Park. This donation is to fulfill their obligation of a grant award by the King County Youth Sports Facility Grant Program. 3 . EXHIBITS: Copy of Lion' s Club check 4 . RECOMMENDED BY: Staff and Parks 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. 3C ,? 4831 KENT LIONS CLUB © P. 0. 80X 5094 206-852 UON 19-10 Og KENT, WA 98064-5094 �� / I�0 DATE--ZZ ZS17 7 PAY _ $ 19e i TO THE Q� ORDER OF n n I i n H S a BANK INT 3C0 n.sn..PO.9d.�aB I�VT.WA51"M4T.N 9BC.79 OF, iwTONnL.+550QPT0N � / FOR�Ji6GG. L i4I l �� v�rL% u'p04fl3 : ' �: Z 23ppp 105�: 4337 7pp 7 Kent City Council Meeting Date February 17 , 1998 Category Consent Calendar 1. SUBJECT: 1998 GRANT APPLICATIONS - AUTHORIZATION 2. SUMMARY STATEMENT: Authorize submittal of three grant applications to the Interagency Committee for Outdoor Recreation (IAC) . Staff has reviewed the Comprehensive Park and Recreation Plan, and the 1997-2002 Capital Facilities Plan which has identified those projects that are eligible for grant funding from various programs. 3 . EXHIBITS: List of proposed grant applications 4 . RECOMMENDED BY: Staff and Parks 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. 3D 1998 Grant Applications February 17, 1998 Staff seeks authorization to proceed with preparation of the following grant applications : IAC - Local Parks : 1 . Valley Floor Ballfields (Local Parks) 2 . Snow Acquisition (Local Parks) 3 . Little Wetland Acquisition (Urban Wildlife Habitat) IAC - Youth Athletic Field Program: 4 . This Project to be identified February 3 , 1998 CDBG: 5 . Turnkey Play Equipment 6 . Kiwanis Tot Lot #1 - Handicap Accessibility King County Youth Sports Grant : 7 . Commons Playfield Play Equipment King County Conservation Futures : Not accepting applications in 1998 King County Landmarks and Heritage Grant Program- 8 . . Carriage House (Bereiter) Sonics Grant : 9 . West Fenwick Park - Basketball Court Parks Committee: 2/3/98 /01 Kent City Council Meeting Date February 17 , 1998 Category Consent Calendar 1. SUBJECT: 1998 IAC GRANT APPLICATIONS - AUTHORIZATION 2 . SUMMARY STATEMENT: Authorize submittal of three grant applications to the Interagency Committee for Outdoor Recreation (IAC) . The Kent Parks and Recreation Department has identified three priority projects eligible for application for state-wide grant funds. 3 . EXHIBITS: Draft resolutions 4 . RECOMMENDED BY: Staff and Parks 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 KENT - RESOLUTION # A resolution authorizing application (s) for funding assistance for a ishington Wildlife and Recreation project to the Interagency Committee for Outdoor Recreation (IAC) as provided in Chapter 43 . 98A RCW. WHEREAS, City of Kent has approved a comprehensive Park and Recreation plan for the area that includes the East Hill Youth Sports Complex #2 acquisition; WHEREAS, under the provisions of Washington Wildlife and Recreation program, state and federal funding assistance has been requested to aid in financing the cost of land and facilities for local public bodies; and WHEREAS, the City of Kent considers it in the best public interest to acquire East Hill Youth Sports Complex #2 ; NOW, THEREFORE, BE IT RESOLVED, by the City of Kent of Washington, 1 . That the mayor be authorized to make formal application to IAC for funding assistance . 2 . That any fund assistance received be used for the acquisition of the East Hill Youth Sports Complex #2 . 3 . That City of Kent anticipates its share of project funding will be derived from Capital Improvement Program funds . 4 . City of Kent acknowledges that they must support all non-cash commitments to the local share should they not materialize . 5 . City of Kent acknowledges that any property acquired or facility developed with IAC financial aid must be placed in use as an outdoor recreation facility or habitat conservation area and be retained in such use in perpetuity unless otherwise provided and agreed to by City of Kent, IAC, and any affected federal agency. 6 . That this resolution becomes part of a formal application to IAC. 7 . That City of Kent provided appropriated opportunity for public comment on this application. Adopted by the City of Kent of 220 4th Avenue South, Kent, Washington 98032-5895 at its regular meeting held February 17, 1998 . Signed and approved by the Mayor of City of Kent (date) Signed: Attest : Approved as to form: CITY OF KENT RESOLUTION # A resolution authorizing application(s) for funding assistance for a Washington Wildlife and Recreation program project to the Interagency Committee for Outdoor Recreation (IAC) as provided in Chapter 43 . 98A RCW. WHEREAS, City of Kent has approved a Comprehensive Park and Recreation Plan for the area that includes the Valley Floor Ballfield Project ; WHEREAS, under the provisions of Washington Wildlife and Recreation, state and federal funding assistance has been requested to aid in financing the cost of land and facilities for local public bodies ; and WHEREAS, the City of Kent considers it in the best public interest to acquire the Valley Floor Ballfield Project ; NOW, THEREFORE, BE IT RESOLVED, by the City of Kent of Washington, 1 . That the Director of Parks and Recreation be authorized to make formal application to IAC for funding assistance . 2 . That any fund assistance received be used for the acquisition of the Valley Floor Ballfield Project . 3 . That City of Kent anticipates its share of project funding will be derivFa from Capital Improvement Program funds . 4 . City of Kent acknowledges that they must support all non-cash commitments to the local share should they not materialize. 5 . City of Kent acknowledges that any property acquired or facility developed with IAC financial aid must be placed in use as an outdoor recreation facility or habitat conservation area and be retained in such use in perpetuity unless otherwise provided and agreed to by City of Kent, IAC, and any affected federal agency. 6 . That this resolution becomes part of a formal application to IAC. 7 . That City of Kent provided appropriate opportunity for public comment on this application. Adopted by City of Kent of 220 4th Avenue South, Kent, Washington 98032-5895 at its regular meeting held February 17, 1998 . Signed and approved by the Mayor of City of Kent (date) Signed: Attest : Approved as to form: CITY OF KENT - RESOLiTTION # resolution authorizing application (s) for funding assistance for Washington Wildlife and Recreation Program project to the Interagency Committee for Outdoor Recreation (IAC) as provided in Chapter 43 . 98A RCW. WHEREAS, City of Kent has approved a Comprehensive Park and Recreation Plan for the area that includes Mill Creek Wetland Project ; WHEREAS, under the provisions of the Washington Wildlife and Recreation Program, state and federal funding assistance has been requested to aid in financing the cost of land and facilities for local public bodies ; and WHEREAS, the City of Kent considers it in the best public interest to acquire Mill Creek Wetland area; NOW, THEREFORE, BE IT RESOLVED, by the City of Kent of Washington, 1 . That the Director of Parks and Recreation be authorized to make formal application to IAC for funding assistance . That any fund assistance received be used for the acquisition of Mill Creek Wetland Project . 3 . That City of Kent anticipates its share of project funding will be derived from Capital Improvement Program funds . 4 . City of Kent acknowledges that they must support all non-cash commitments to the local share should they not materialize . 5 . City of Kent acknowledges that any property acquired or facility developed with IAC financial aid must be placed in use as an outdoor recreation facility or habitat conservation area and be retained in such use in perpetuity unless otherwise provided and agreed to be City of Kent, IAC, and any affected federal agency. 6 . That this resolution becomes part of a formal application to IAC. 7 . That City of Kent provided appropriate opportunity for public comment on this application. Adopted by the City of Kent of 220 4th Avenue South, Kent, Washington 98032-5895 at its regular meeting held February 17 , 1998 . .gned and approved by the Mayor of City of Kent : (date) Signed: Attest : Approved as to form: Kent City Council Meeting Date February 17 , 1998 Category Consent Calendar 1. SUBJECT: EAST HILL PARK EXPANSION DEVELOPMENT BUDGET - ACCEPT FEE-IN-LIEU OF FUNDS 2 . SUMMARY STATEMENT: Accept and appropriate $35,940, as a Fee-in-Lieu of Funds from Highland Crossing, located on the north side of East Hill Park, for the East Hill Park Expansion Development Budget. 3 . EXHIBITS: Summary of funding, letter from Centex Homes, and copy of permit 4 . RECOMMENDED BY: Staff and Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3F East Hill Park Expansion Development Budget Attachment February 17, 1998 In September of 1997, Council accepted $39, 097 . 50 for fee-in- lieu of funds from the Kingstone Development and amended the East Hill Park Expansion Budget . Because Kent Ridge Park will fulfill neighborhood park needs for the Kingstone residents, and East Hill Park will fulfill community park needs, we request a transfer of $30 , 000 of the $39 , 097 . 50 to the Kent Ridge Park Playground Safety Project to complete the project . The budget breakdown is as follows : $300 , 000 . 00 IAC Grant 20 , 000 . 00 Rotary Club Volunteer Labor Value 96 , 132 . 59 Fee-in-Lieu Funds - accepted in September 197 201, 726 . 00 Grant matching CIP Funds in 1996 and 1997 116 , 430 . 41 Grant Matching CIP Funds in 1998 35 , 940 . 00 Fee-in-Lieu funds from Highland Crossing $770 , 229 . 00 Sub total -$30 , 000 . 00 Transfer to Kentridge Park Playground Safety Budget $740 , 229 . 00 East Hill Park Expansion Development Total Project Budget RECEIVED C E NTEX DEC 1 - 1997 HOMES CITY OF KENT WASHINGTO14 STATE PLANNING DEPARTMENT TRANSMITTAL TO: Fred Satterstorm City of Kent FROM: Kevin Simmons SUBJECT: Highland Crossing DATE: December 1, 1997 Fred, Attached are the following; 1) Revised Final Plat,3 copies 2) Original mylars of the Final Plat 3) Redline set of Final Plat 4) Receipts for the following; School: 11/10/97 S143,780 11/18/97 S1,820 Total S145,600 ^•t�o$e Platting Fee: 9/15/97 /16/97 5780 11/18/97 S20 Total S1,350 Total 535,940 Park Mitigation: 11/18/97 S35,940 These fees are for all 80 lots. Please call if you have any questions. Thanks, Kevin Kmt 24 2320 130th Avenue Northeast,Suite 200 Bellevue,Washington 98005 (425)882-3611 Fax(425) 883-3448 ary OF KE PtHMIT C TER R CEIPT DOC #: 26210 P - — Received of: DATE: CT� ID YY MM DD SUB REVENUE RE SUBS REFERENCE IDESCRVMN I AMOUNT TRANS I pPP IPRG IORGN EXPN I SOURCE I CD I ACCT I DOCUMENT CDE I R IND IND INOX I i1JT s P MR-COIW 175 I 001 100o 11950 10 01 I BULDING PERWT-RESIDENTIAL I 175 I 001 I aoo few I 2Z10 BURRING PLAN CHECK FEE 11 175 I 001 000 I `D 45M 00 175 001 I o00 2342 2130 00 I I I H OOUS FIR PERMIT I 1 01 00 t75 I 00 am 11 FOR FIR ARTM MECHANICAL PERMR 175 I ao1 00o also zro 04 I PER 175 nanI 1850 12210 m j I 1»0 Z290 � RADON FEe I 175 I I 001 000 I 505 I WASHINGTON STATE SURCHARGE 145 I 001 I O00 0000 I I 001 I 000 I 1804 ( I 5990 00 I I I CODE NOLATION FINE 175 I COMPREHENSIVE PLAN AMEND. 17s 001 000 11810 + I ENVIROH.CHECK LIST SEPA I 175 001 coo ta10 I I 4589 00 I I ( H RING MIN 17 Ilrav<arel j 5 001 000 1 1804 I 4561 00 l om I aao a000 I s69 ! 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RI 001 322 ISM 144 17 I I I K C RIGHT OF WAY PERMIT 160 I o00 0000 1566 I LATE COMERS.SEWERANATEA' I 175 I I O01 I 000 I 5527 1 2290 40 I LMTD.LAND USE PERWR 1 _ 1 MITIGATION FEE 175 1 1 000 S10 I 6700 OD SEGREGATION APPLICATKIN FEE 175 I om aoo 55Z1 43Zo M ' — SEWER PERMIT I 175 1 440 1 000 SNiO 2210 00 I 175 440 o0o S96 8810 01 .r�— I STORM DRAINAGE CONNEC.CHG. 1 175 001 I 000 S10 22/0 0t I STREET CUT PEiMR 175 I am 000 5M I Z240 w srnEET occuP.Pp1Wrr I 2240 os USE PEAMTT 175 001 000 55" I STRW VACATSJSALE OF LAND I ITS am we SSW 9510 01 175 440 000 SW 4390 01PERMIT TAP FBSEWER 173 410 000 55S 4390 (" WA SA MA I 175 OM 000 4190 M pNOTOCOPIES i7_s____TF_Lw1 I t55 al an soUTR1iY CLEARING 01 I ITS 001 000 I= 6981 01 I I I I I I I I 1140 Exarnmer-Annex.Zoningppeal A of Admin.interpret.:Sindmg Site Plan:Cons Use:PUD:Prelim —' A Fla", Rezones.M.E Appeals:6 SERA Appeals:Variances.ComOmg DistriM COT.,Ina.Mu" $N AltaGtep Fam..S S'gn:Vananees-Single Fame/.(See lee enart for numerous tee enanges.) 4'O Z Zorung Permits-Temp.Use.T1.Sign Pemmts.Resaennal.8 Tanks TOTAL 410'Nafer 4A0 Sealer Kent City Council Meeting Date February 17 . 1998 Category Consent Calendar 1. SUBJECT: LAKE FENWICK TRAIL - ACCEPT 1996 INTEREST FROM 1989 OPEN SPACE BONDS AND AMEND BUDGET 2 . SUMMARY STATEMENT: Accept the $51, 851 in interest earned from the King County 1989 Open Space Bonds and amend the Lake Fenwick Trail budget. The City was notified by King County of the $51, 851 allocation of interest earned from the 1989 Open Space Bond. Staff is requesting the interest be accepted and the Lake Fenwick Trail budget amended for parking lot improvements at the trailhead. 3 . EXHIBITS: Copy of King County Semi-Annual Report of Projects 4 . RECOMMENDED BY: Staff and Parks 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. 3G KING COUNTY OFFICE OF OPEN SPACE SEMI-ANNUAL REPORT PROJECT PROGRESS APRIL 1 THROUGH SEPTEMBER 30, 1997 CITY: KENT PROJECT Lake Fenwick Trail PROGRAiM 1939 Oven Space Bond Budget As of September 24, 1997 : $ 1,327,100 PLUS: 1996 Interest to be allocated in 1997 511,351 LESS: Expenditures through 9/24/97 1,279,799 LESS: 1997 Shared Costs 319 BALANCE AVAILABLE: S 98,333 PROJECT STATUS UPDATE: Please provide brief description of work needed to be performed to expend`Balance Available". PROJECT COMPLETION SCHEDULE: Please provide an estimated schedule for expenditure of`Balance Available'. Kent City Council Meeting Date February 17, 1998 Category Consent Calendar 1. SUBJECT: HVAC CONTRACT EXTENSION & ADDITION - AUTHORIZATION 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign a contract addendum with Landis & Staefa extending the term of the contract through December 31, 1998, at a cost of $31, 193 , plus sales tax. The HVAC (Heating Ventilation, and Air Conditioning) main- tenance contract expired at the end of 1997 . A consultant will be hired to conduct a physical assessment of all HVAC systems in City buildings. An extension of this contract would provide a better analysis to base the specification on, and to proceed with updated contracts 3 . EXHIBITS: Memo from Facilities Division and proposed addendum 4 . RECOMMENDED BY: Staff and Parks 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. 3H Memorandum To: Parks Committee CC: John Hodgson ire or/fof Parks & Recreation From: Charlie Lindse rl,�L!' Date: January 27, 1998 Subject: Contract Extension and Addition Our HVAC (Heating, Ventilation, and Air Conditioning) maintenance contract expired at the end of 1997 and I am requesting to extend it for one additional year. We will be doing a physical assessment of all HVAC systems in all buildings in 1998 and wish to use the information acquired to write a better specification an which to base future contracts. I am also analyzing whether it is appropriate to have separate maintenance contracts for the mechanical equipment and computerized controls. The only substantive change I am requesting for 1998 is the addition of the 7 Firestations to the contract. I am requesting authorization for Mayor White to sign an agreement with Landis & Staefa to extend through December 31, 1998 for a cost of $23,531 plus sales tax and to add the Firestations through December 31, 1998 for a cost of $7,842 plus sales tax. The total cost of this contract is $31,193 plus sales tax. 10 Addendum to the"Technical Support Contract Between the City of Kent and Landis Gyr, Inc" Landis&Staefa-Technical Support Program City of Kent;Fire Stations By and Between: City of Kent Landis&Staefa.Inc. 220 Fourth Ave. So. 13020 NE 20th Street Kent, Wa.98032 Bellevue, Wa.98005 The City of Kent and Landis&Staefa, as successors to Landis&Gyr, Inc., agree to incorporate this addendum into their HVAC Maintenance agreement dated December 30, 1994("HVAC Agreement"). The patties agree to extend the term of the HVAC agreement for one additional year to expire midnight, December 31, 1998.The City shall pay Landis& Staefa$23- 51.00 for their services during this extension. In addition service shall be provided at the fire stations listed in Section I of the attached Technical Support Program. Landis& Staefa shall provide the services as outlined in this addendum along with the attached terms and conditions. Duration: This addendum shall remain in effect for an original term of one(1)Year beginning January 1, 1998. Charges: For the Fire Station services outlined herein,the City of Kent agrees to pay Landis&Staefa the following addendum annual amounts of S7.842.00 payable upon presentation of quarterly invoices. Prices quoted in this proposal are firm for 30 days and do not include sales tax. Proposal accepted by: Proposal submitted by: City of Kent Tedd Filips,PE Service Sales Engineer Landis&Staefa, Inc. Print or Type Name Signature Date Signature Date Approved for Landis&Staefa by: Signaurre Date Title General Manager Proposai 12/17/98 1 Kent city Council Meeting Date February 17 , 1998 Category Consent Calendar 1. SUBJECT: TRANSPORTATION SERVICE PROVIDER AGREEMENT - AUTHORIZATION 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, authorization for the Mayor to sign the Transportation Service Provider Agreement, subject to final review and approval by the City Attorney. The Public Works Dept has received funding from the Washington oil Rebate Competitive Grant Program to conduct a demonstration project to expand the Shopper Shuttle into the commute hours. This demonstration project is expected to last 14 weeks after which time the City will evaluate the feasibility of continuing with the service. The Grant provides funding in the amount of $49 ,860 and requires City matching funds of $8 , 800 which will be taken from previously appropriated funds for shuttle operations within the City. 3 . EXHIBITS: Public Works/Planning minutes and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works/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. 3I PUBLIC WORKS/PLANNING COMMITTEE February 9, 1998 PRESENT: Tim Clark Gary Gill Judy Woods Tom Brubaker Tom Brotherton Transportation Service Provider Agreement Gary Gill, City Engineer stated this is an agreement provided by the State of Washington Oil Rebate Competitive Grant Program. Thru that program, money is available for the city to conduct a demonstration project to expand our Shopper Shuttle services during the commute hours. Ed White, Transportation Engineer noted that the City made application in 1996 for ISTEA grant funds in order to look at expanding the existing shuttle service that is currently operating in the city. We have hired a temporary staff person to manage the project. We are presently finalizing a contract with Ryder/ATE as the service provider. Tom Brotherton asked what criteria is being used to determine the success or failure of this project. White explained the criteria will be based on ridership, the same as the Shopper Shuttle program. He said we will be getting weekly totals of people riding during the commute hours. We will, to a certain degree, incorporate the existing routes into the system. Essentially,we will be keeping track of those riders during the a.m. and p.m. peak hours and summarizing that on a weekly basis. With the Shopper Shuttle, it was very easy to gage the success; the numbers continued to increase. We are expecting to get the same type of information in terms of an increased ridership over a period of time. Brotherton stated that he would encourage White to conduct a more detailed study to determine why people would or would not use the shuttle service and how to incorporate their suggestions over the 14 month trial period of the service. White agreed that he would do more analysis in order to evaluate the program more closely. Referring to the contract, under Accident/Incident reports 'unacceptable behavior', Clark asked what the process was for dealing with this. White stated if an incident occurs, the bus driver would ask the individuals to leave. Now we are working under the METRO guidelines. Clark asked if incidents could require police support. White noted those types of situations have never occurred. Clark noted that in METRO there is 1 .L/ heavy police support -- he requested that the Police Dept be informed of incidents. Clark asked how Public Works Dept intends to advertise this service. White said the temporary staff person has been doing considerable research in contacting employers; finding out where the majority of the employees live and working with the employers informing them that this service is forthcoming. In response to Clark, White stated that he isn't sure if special signing will be posted. Clark recommended that some physical evidence of this program be posted. Gill noted that our CTR Coordinator is working with some of the area's largest employers so they are already actively working together on other commute trip reduction types of programs. He stated that this will be advertised thru other businesses and the routes will be well advertised. Committee unanimously recommended Council authorization for the Mayor to sign the Transportation Service Provider Agreement, subject to final review and approval thereof by the City Attorney. Mill Creek Special Area Management Plan (SAMP) Bill Wolinski explained the SAMP program as follows. The Mill Creek Watershed is about 22 square miles. The City's boundary in the southern area of the watershed is S. 277th St; it borders along the Green River for a portion of the area; it encompasses portions of Lake Fenwick, Mullen Slough and Midway Creek. The portion which lies within the City of Kent is 20% of the entire watershed. About 75% of the watershed lies within the City of Auburn with small portions in Algona, Pacific and Federal Way and unincorporated King County. The City of Kent has been working with the Corps of Engineers, the City of Auburn and the Environmental Protection Agency to address several of the conflicts in permitting on wetlands as they affect economic development throughout the watershed. The Army Corps of Engineers wetland permitting process is very lengthy. In 1988 the Corps of Engineers, working with the local governments tried to identify a special process where the entire Watershed could be reviewed and the conditions of the wetlands throughout the Watershed could be studied and some rational plan of allowing for some limited fill of wetlands be developed in cooperation with all the affected parties to enable a certain amount of economic development to take place and yet the health of the water resource and the natural resources throughout the watershed be maintained. There is approximately 2,400 acres of remaining wetlands throughout this entire watershed - about 115 acres within the portion of the City of Kent. The agencies have been working together to find out the relative value of the various wetlands and come up with a plan for allowing limited development streamlining the permitting process and protecting and restoring the other wetlands to maintain a healthy watershed. This is a very productive watershed; it supports salmon use; there has been discussion about the Endangered Species Act and this particular Special Area Management Plan, provides for restoration of the entire Watershed in allowing a limited amount of development. About 288 acres of low quality wetlands will be allowed to be filled in exchange for mitigation. 2 DEPARTMENT OF PUBLIC WORKS JANUARY 29, 1998 TO: Public Works ml�te FROM: Don Wickstrom, Public Works Director SUBJECT: Transportation Service Provider Agreement Attached, for your approval, is a copy of a draft contract between the City and Ryder/ATE for a .new demonstration project providing a commuter shuttle bus service to residents who live and work within the city. We have received funding from the State of Washington Oil Rebate Competitive Grant Program to conduct a demonstration project to expand the Shopper Shuttle into the commute hours. We are working with six of the largest employers with Commute Trip Reduction Programs to persuade some of their employees to leave their cars at home. Even though the vehicles now carrying these commuters travel a short distance, they contribute significantly to the congestion on the main corridors leaving the East Hill. This demonstration project is expected to last fourteen (14) weeks after which time we will evaluate the feasibility of continuing with the service. The Grant provides funding in the amount of$49,860.00 and requires City matching funds of$8,800.00 which will be taken from previously appropriated funds for shuttle operations within the city. Due to the limited scope of this demonstration project, the Mayor has waived the requirement that it be advertised for competitive bids which allows us to continue using the existing shuttle provider, Ryder/ATE. We feel Ryder/ATE has proven themselves to be very responsive to our needs and fully capable of completing this contract in a satisfactory manner. We're requesting Council approval of the draft contract which is complete except for the final hourly rate to be charged by the service provider. This contract is subject to final review and approval by the City Attorney. ACTION: Recommend Council authorization for the Mayor to sign the Transportation Service Provider Agreement, subject to final review and approval thereof by the City Attorney S Transportation Service Provider Agreement This Agreement is made by and between City of Kent, a Washington State Municipality, (hereinafter, "City"), and Ryder/ATE Management & Service Company, Incorporated (hereinafter "Ryder/ATE"). In consideration of these mutual promises and the terms and conditions set forth hereafter, the parties covenant and agree as follows: L. General Terms and Conditions 1.1 Incorporated Documents The contract documents consist of this Agreement and Ryder/ATE's proposal submitted to the City, attached as Exhibit A. 1.2 Term Subject to other provisions, this Agreement shall be on a one time basis, until such time as the parties mutually agree to a longer duration. This contract expires on June 12, 1998 unless mutually extended. 1.3 Order of Precedence Specific federal laws, state laws and the terms of this Agreement, exhibits to this Agreement, and any written modifications to this Agreement, in that order respectively, supersede other inconsistent provisions. 1.4 Notices Whenever under this Agreement, one party is required to give notice to the other, such notice shall only be deemed given if mailed by registered or certified United States mail, return receipt requested, postage prepaid, and addressed as follows: In the case of notice to Ryder/ATE: Contract Administrator Ryder/ATE Management & Service Company, Inc. 2000 118th Ave SE Bellevue, Wa. 98005 In the case of notice to the City: Edward White, Transportation Engineer City of Kent 220 4th Avenue South Kent, Wa. 98032 1.5 Nondiscrimination and Affirmative Action During the performance of this Agreement, Ryder/ATE shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age or disability. Ryder/ATE shall take affirmative action to ensure that employees are employed and treated during employment without discrimination because of their race, color, religion, sex, national origin, creed, marital status, age or disability. 1.6 Nondiscrimination in Customer Services: Ryder/ATE shall not, on the grounds of race, color, sex, religion, national origin, creed, age, or disability: (1) Deny an individual any services or other benefits provided under this Agreement. (2) Provide any service(s) or other benefits to an individual which is different, or is provided in a different manner from that provided to others under this Agreement. (3) Subject an individual to unlawful segregation, separate treatment, or discriminatory treatment in any manner related to the receipt of any service(s), and/or the use of Ryder/ATE facilities, or other benefits provided under this agreement. 2. Insurance Requirements 2.1 Ryder/ATE shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Ryder/ATE, its agents, representatives, or employees of the types and amounts described below: 2.1.1 Automobile Liability insurance with limits no less than $4,000,000 combined single limit per accident for bodily injury and property damage; and 2.1.2 Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $4,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground if applicable; and employer's liability. 2.1.3 Excess Liability Insurance with limits not less than $2,000,000.00 per occurrence and aggregate. 2.2 Any payment of deductible or self insured retention shall be the sole responsibility of Ryder/ATE. 2.3 The City of Kent shall be named as an additional insured on all policies, as respects work performed by or on behalf of Ryder/ATE and a copy of the endorsement naming the City of Kent as additional insured shall be attached to the Certificate of Insurance. The City of Kent reserves the right to receive a certified copy of all the required insurance policies. 2.3.1 Ryder/ATE insurance shall contain a clause stating that coverage shall apply 2 separately to each insured whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 3. Indemnification 3.1 Ryder/ATE shall defend, indemnify and hold the City of Kent, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, but only to the extent of Ryder/ATE's negligence or comparative fault. 3.2 The City of Kent's inspection or acceptance of any Ryder/ATE work when completed shall not be grounds to avoid any of these covenants of indemnification. 3.3 It is further specifically and expressly understood that the indemnification provided herein constitutes Ryder/ATE waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purpose of this indemnification. The parties further acknowledge that they have mutually negotiated this waiver. 3.4 The provisions of this Section 3 shall survive the expiration or termination of this Agreement. 4. Scope of Work 4.1 Ryder/ATE shall provide fixed route motorized passenger transportation service. Ryder/ATE shall provide all personnel and two-way communication devices necessary to operate the transportation services as described herein. The City or its designee and Ryder/ATE will jointly agree to any modification of the service route and schedule(s) and provide same to Ryder/ATE. 4.2 Ryder/ATE to Provide Services, Supplies and Equipment. Ryder/ATE shall provide responsible and experienced drivers, a computer dispatch system, an operating two-way communication system, vehicle cleaning, a first aid kit, warning triangle or flares and all other services, supplies and equipment necessary to satisfactorily meet its obligations under the terms and conditions of this Agreement. 4.3 Compliance with all Laws and Regulations. Ryder/ATE agrees to comply with all applicable provisions and the most recent amendments of federal, state and local laws and regulations. 4.4 Relationship of Parties: The parties intend that an independent contractor-employer relationship will be created by this Agreement. As Ryder/ATE is customarily engaged in an independently established trade which encompasses the specific service provided to the City of Kent, no agent, employee, representative of Ryder/ATE shall be or shall be deemed to be the employee, agent, representative of the City of Kent. In the performance of the work, Ryder/ATE is an independent contractor with the ability to control and direct the performance and details of the work, the City of Kent being interested only in the results obtained under this Agreement. None of the benefits provided by the City of Kent to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City of Kent to the employees, agents, representatives, or Ryder/ATE. Ryder/ATE shall be solely and entirely responsible for its acts and for the acts of Ryder/ATE's agents, employees, representatives during the performance of this Agreement. The City of Kent may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. S. Training 5.1 Comprehensive Training Program. Ryder/ATE shall ensure that all of its drivers who provide transportation services under this Agreement shall have such training as is mandated by the City of Kent and applicable state and federal statutes and/or regulations. Such training shall include but not be limited to Passenger Assistance Training, Defensive Driving and First Aid. All safety-sensitive employees will be subject to drug and alcohol testing in compliance with the Omnibus Drug and Alcohol Testing Act of 1993. 5.2 Safety Meetings. Ryder/ATE shall conduct safety meetings on a quarterly basis. Records of these meetings shall be maintained and shall describe the subject(s) of the meetings and the employees in attendance. The meeting records shall be available for City of its designee(s) to review. 6. Driver Prehire Qualifications 6.1 DMV Record Check. Ryder/ATE shall obtain a copy of the Department of Motor Vehicle record of all prospective drivers prior to those drivers being hired. If the Driver is hired, Ryder/ATE will maintain that DMV record check in the driver's personnel file. The driving record or all Drivers assigned to Agreement duties shall not have more than one moving violation or one at fault accident for the previous three (3) consecutive years, provided that the City and Ryder/ATE know of and approve the hire in light of the moving violation. If, subsequent to being hired or assigned to driving duties under this Agreement, driver is found to be at-fault for any incident that would prohibit that Driver from maintaining a Commercial Driver's License, whether or not the Driver holds one, that Driver is no longer eligible to perform driving duties under this Agreement. Failure to immediately remove an ineligible Driver from performing driving duties under this Agreement shall be grounds for immediate termination of this Agreement. 6.2 Criminal History. Ryder/ATE shall investigate or cause a governmental entity to complete a criminal history check for all existing and prospective employees who are or will be assigned duties. The results of the criminal history check shall be maintained in the Driver's personnel file. The request shall be renewed every two (2) years. Should the criminal history 4 request reveal a felony conviction, Ryder/ATE is obligated to so inform the City and the City expressly reserves the right to prohibit the driver from providing driving services under this Agreement. 6.3 Prohibited Conduct. Drivers shall not smoke on the bus. Drivers will not engage passengers in conversations regarding religion, politics, employment, company issues or anything of a personal nature. Neither Ryder/ATE nor any of its employees shall contact passengers except for the express purpose of confirming trip information or resolving customer satisfaction. 6.4 Confidential Information. Ryder/ATE shall take all reasonable measures to safeguard and protect from disclosure information regarding Passengers, including but not limited to, a Passenger's name, address, telephone number, and location or nature of Passenger's sponsored assistance. . 7. Driver Appearance 7.1 Appropriate Attire. Drivers will maintain a professional image. All Drivers' clothing shall be clean and neat. Drivers shall wear uniforms when those uniforms are supplied by Ryder/ATE. 7.2 Personal Hygiene. Drivers will be clean and maintain a neat appearance at all times. 8. Accident/Incident Reports 8.1 Timing of Report. Ryder/ATE will notify the City immediately of all accidents and incidents that occur while transporting Passengers. Upon the occurrence of an accident or incident, Ryder/ATE shall contact Ed White at the City at 1-253-859-6578. Ryder/ATE will forward copies of all accident and incident form(s) to City not later than the next business day. Failure to timely report an accident or an incident may result in a suspension of Ryder/ATE/s work. 8.2 Incident. An incident is defined to include arguments and/or unacceptable or offensive conversations or behavior, regardless of who initiates said behavior or conversation. 8.3 Accident. An accident is defined to include any unexpected or unintentional occurrence which results in an injury or suspected injury to the Passenger while the Passenger was in, entering or leaving Ryder/ATE's vehicle. 9. Billing 9.1 Ryder/ATE Budget 5 9.2 Payment of Operating Costs. The City will pay Ryder/ATE the full amount of $50,000.00. The aggregate of the reimbursable net operating costs shall not exceed 100% of the approved budgeted amount for reimbursable administrative costs unless Ryder/ATE has obtained written preauthorization from the City. 9.3 Payment of Administrative and Operating Costs. Ryder/ATE shall be paid monthly payments. If the City elects to add additional service hours prior to June 12, 1998, the rate charges will be *�.*.**per revenue hour. Additional hours must be mutually approved. 9.4 Submission of Invoices. Invoices shall be submitted on a monthly basis. All costs for which Agreement is requesting reimbursement must be presented on an Invoice Summary and Certification Form and be supported by documentation. The Invoice Summary and Certification Form and supporting documentation shall be mailed to the City at the following address: City of Kent 220 4th Avenue South Kent, WA 98032 Attn: Edward White Invoices not submitted in a timely manner will be processed and paid in the next billing period. Any costs incurred prior to the current billing period must be billed separately. 9.5 Payment for Services. In consideration of continuous and satisfactory performance of the duties outlined in this Agreement, the City agrees to pay Ryder/ATE in arrears for those transportation services requested by the City and provided by Ryder/ATE under the terms and conditions of this Agreement. The City will not pay for transportation services arranged directly between Ryder/ATE and any Passenger. Ryder/ATE will be reimbursed by the City not later than thirty (30) days after receipt of invoice for all undisputed amounts. 10. Termination of the Agreement 10.1 Termination for Convenience. Either party may terminate performance of work under this Agreement upon thirty (30) days advance written notice to the other party. Termination of the Agreement for convenience may occur whenever either party shall determine, for any reason, that such termination is in the best interest of the requesting party. So long as the notice of termination for convenience is in compliance with this paragraph, neither party shall be liable for any termination costs incurred by the other party, provided the terminating party notifies the other party of its intent to terminate or not to renew this Agreement at least sixty (60) days prior to the renewal date. 10.2 Termination by the City for Default. The City may terminate performance of work under this Agreement, whenever Ryder/ATE shall default in performance of this Agreement and shall fail to cure such default within fourteen (14) days after receipt from the City of a written 6 notice specifying the default. In the event of such default, Ryder/ATE will be liable for any and all excess costs the City incurs in securing other transportation providers to perform the scope of work. 10.3 Termination Due to Reduction in Funding. In the event that funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to the term of the Agreement, the City may terminate this Agreement under the Termination for Convenience paragraph, subject to renegotiation under any new funding limitations and/or conditions. 11. Changes and Modifications to the Agreement The City may, at any time, by written notification to Ryder/ATE , make changes within the general scope of the services to be performed under this Agreement. However, the agreement shall not be effective until agreed to and signed by the parties. Nothing in this paragraph shall excuse Ryder/ATE from proceeding with the Agreement as changed. 12. Miscellaneous Provisions 12.1 Licensing and Accreditation Standards. Ryder/ATE shall comply with all applicable local, state, City of Kent and federal licensing and accrediting requirements and/or standards, necessary in the performance of this Agreement. Ryder/ATE will secure all certifications required by the Public Service Commission. Ryder/ATE will assist and support City's efforts to develop a transportation program that complies with all federal and state requirements to include the Intermodal Surface Transportation Efficiency Act (ISTEA), the American with Disabilities Act (ADA), the Omnibus Transportation Employee Testing Act of 1991 and other regulations as promulgated. 12.2 Right to Inspect. Upon giving Ryder/ATE at least three days notice, Ryder/ATE shall provide the City of Kent and other authorized entities the right of access to its facilities and records at all reasonable times in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement on behalf of City of Kent. 12.3 Waiver of Default. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of a breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the City and Ryder/ATE and attached to the original Agreement. 12.4 Suspension of Work and Right to Cure. The City may unilaterally elect immediately to suspend Ryder/ATE work under this Agreement should Ryder/ATE fail to meet any of its obligations under the terms and conditions of this Agreement. Suspension of Ryder/ATE work shall be in writing and the City shall specify the instance(s) where Ryder/ATE is not in 7 compliance. Ryder/ATE shall have fourteen(14) calendar days in which to cure the specified defect(s). Should Ryder/ATE fail to timely cure the specified defect(s), the City may terminate this Agreement. 12.5 Medical Assistance. Employees of Ryder/ATE are not required to perform any medical or quasi-medical functions for Passengers. In the event a Passenger becomes ill on board Ryder/ATE vehicle, the Driver is to advise his or her Dispatcher and proceed to the nearest medical facility for assistance. Ryder/ATE shall the notify the City. 12.6 Governing Law. This Agreement shall be governed by the laws of the State of Washington. Any disputes between the parties arising from this contract shall be resolved exclusively under the rules, venue and jurisdiction of King County Superior Court. 12.7 Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not effect the other provisions of this Agreement which can be given effect without the invalid provision, and to his end provisions of this Agreement are declared to be severable. 12.8 Drug Free Workplace. Ryder/ATE shall provide a drug-free workplace program. Ryder/ATE shall: (1) Publish a policy statement, specifying standards of conduct and sanctions for violations. The policy statement shall establish the standards of conduct regarding the use, possession, and distribution of alcohol and other drugs, and/or impairment as the result of such conduct; sanctions for violations of the policy; and opportunities to obtain assistance for employees with drug/alcohol problems. (2) Furnish a copy of the policy statement to each employee. (3) Establish an employee awareness program, which includes but is not limited to, an explanation of the policy statement to all employees along with information on local drug/alcohol resources. (4) Notify the appropriate federal agency when an employee is convicted for violation of a criminal drug statute occurring at the work site. (5) Provide referrals to employees of recovery programs when the employee's use of alcohol or mood-altering substances has produced a dependency harmful to the employee's work performance. (6) Drug test all safety-sensitive employees who are involved in an accident pursuant to 49 CFR sections 654 and 654. 8 12.9 Workers' Compensation Coverage. While performing work under the Agreement, Ryder/ATE shall comply with the requirements of the Washington State Workers' Compensation law, and provide the City with a copy of the certification of compliance. 12.10 Safeguarding Passenger Information. Ryder/ATE is prohibited from permitting the disclosure of the contents of any records, titles, papers, software or other communications connected with the administration of this scope of work for purposes not connected with official business. Official business shall include purposes connected with the administration of City of Kent programs. Ryder/ATE shall take measures to prudently safeguard and protect from unauthorized disclosure all such records, files, papers or other communications which come into its possession in the performance of the Agreement. 12.11 Ryder/ATE to Maintain Records to Support Independent Contractor Status On the Effective Date of this Agreement (or shortly thereafter), Ryder/ATE shall: A. File a schedule of expenses with the Internal Revenue Service for the type of business Ryder/ATE conducts. B. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and C. Maintain a separate set of books and records that reflect all items of income and expenses of Ryder/ATE business, all as described in the Revised Code of Washington(RCW) Section 51.08.195, as required to show that the services performed by Ryder/ATE under this Agreement shall not give rise to an employer/employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. 12.12 Work Performed at Ryder/ATE Risk. Ryder/ATE shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and Ryder/ATE in the performance of the work hereunder and shall utilize all protection reasonable necessary for that purpose. All work shall be done at Ryder/ATE own risk, and Ryder/ATE shall be responsible for any loss or damage to materials, tools, or other articles used or held for use in connection with the work. In witness whereof the parties have caused two (2) originals of this agreement, one original retained by each party, to be executed by their duly-authorized representatives. Done this day of February, 1998. 9 Ryder/ATE Management & Service, Inc. CITY APPROVED AS TO BINDING EFFECT: APPROVED AS TO BINDING EFFECT: Darren Brugmann, Contract Administrator Jim White, Mayor Steve Myers, Region Manager 10 Kent City Council Meeting Date February 17 , 1998 Category Consent Calendar 1. SUBJECT: MILL CREEK SPECIAL AREA MANAGEMENT PLAN (SAMP) AGREEMENT - AUTHORIZATION 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, authorization for the Mayor to sign the Mill Creek Special Area Management Plan Memorandum of Agreement. The goal of the Mill Creek Special Area Management Plan is to protect and restore aquatic resources in the Mill Creek basin to ensure no net loss of aquatic resource functions and values, while recognizing the need to accommodate project growth in population and employment in the region. 3 . EXHIBITS: Public Works/Planning minutes and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works/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. 3J heavy police support -- he requested that the Police Dept be informed of incidents. Clark asked how Public Works Dept intends to advertise this service. White said the temporary staff person has been doing considerable research in contacting employers; finding out where the majority of the employees live and working with the employers informing them that this service is forthcoming. In response to Clark, White stated that he isn't sure if special signing will be posted. Clark recommended that some physical evidence of this program be posted. Gill noted that our CTR Coordinator is working with some of the area's largest employers so they are already actively working together on other commute trip reduction types of programs. He stated that this will be advertised thru other businesses and the routes will be well advertised. Committee unanimously recommended Council authorization for the Mayor to sign the Transportation Service Provider Agreement, subject to final review and approval thereof by the City Attorney. Mill Creek Special Area Management Plan (SAMP) Bill Wolinski explained the SAMP program as follows. The Mill Creek Watershed is about 22 square miles. The City's boundary in the southern area of the watershed is S. 277th St; it borders along the Green River for a portion of the area; it encompasses portions of Lake Fenwick, Mullen Slough and Midway Creek The portion which lies within the City of Kent is 20% of the entire watershed. About 75% of the watershed lies within the City of Auburn with small portions in Algona, Pacific and Federal Way and unincorporated King County. The City of Kent has been working with the Corps of Engineers, the City of Auburn and the Environmental Protection Agency to address several of the conflicts in permitting on wetlands as they affect economic development throughout the watershed. The Army Corps of Engineers wetland permitting process is very lengthy. In 1988 the Corps of Engineers, working with the local governments tried to identify a special process where the entire Watershed could be reviewed and the conditions of the wetlands throughout the Watershed could be studied and some rational plan of allowing for some limited fill of wetlands be developed in cooperation with all the affected parties to enable a certain amount of economic development to take place and yet the health of the water resource and the natural resources throughout the watershed be maintained. There is approximately 2,400 acres of remaining wetlands throughout this entire watershed - about 115 acres within the portion of the City of Kent. The agencies have been working together to find out the relative value of the various wetlands and come up with a plan for allowing limited development streamlining the permitting process and protecting and restoring the other wetlands to maintain a healthy watershed. This is a very productive watershed; it supports salmon use; there has been discussion about the Endangered Species Act and this particular Special Area Management Plan, provides for restoration of the entire Watershed in allowing a limited amount of development. About 288 acres of low quality wetlands will be allowed to be filled in exchange for mitigation. 2 ^ The Memorandum of Understanding Management Plan was developed in 1997 and the Memorandum of Agreement that we're processing basically calls for the participating jurisdiction to agree to implement this Special Area Management Plan. It talks in terms of a timetable wherein the local jurisdictions identified changes to their regulations, their policies and procedures to adopt the provisions of the plan. The Memorandum of Agreement has been signed by all the participating agencies with the exception of the Cities of Kent and Auburn. Brotherton asked if the Dept of Ecology will reduce their existing regulations in order to accommodate some of these changes or are we simply trying to fit our regulations into theirs. Wolinski explained that the entire watershed will be systematically studied. There is a common understanding of which wetlands would be allowable for filling. This will streamline the entire permit process. In response to Brotherton, Wolinski explained that SAMP's watershed analysis has been completed. The City has been actively participating since 1988 as part of a technical advisory group which has been critiquing all the work. Committee unanimously recommended authorization for the Mayor to sign the Mill Creek Special Area Management Plan Memorandum of Agreement. 42nd Avenue South Street Vacation Gill stated that the Public Works Dept has received a valid petition from Mr. Donofrio to vacate a portion of 42nd Avenue South which is in the vicinity of S. 216th Street. He noted that this item is simply a matter of adopting a resolution setting a hearing date to consider this vacation. Committee unanimously recommended Council adoption of a resolution setting a hearing date for the 42nd Avenue South Street Vacation. King County Grant Agreement - Special Recycling Events Gill stated that this item involves two portions of the grant from King County -- one is to provide funding for a recycling event and the other element is a business recycling program. We have had these recycling events in the past; they are held twice yearly and enable the citizens to bring in items that are not collected as part of our normal recycling program. The other portion of this grant is a business recycling program which will provide onsite visits, technical assistance and community outreach for the businesses in this area. The recycling event is approximately $12,004 of the $37,553 grant. The remaining portion ($25,549) is for business recycling -- it is 100% King County funded. Committee unanimously recommended authorization for the Mayor to sign the grant agreement and direct staff to accept the grant and establish a budget for $37,553.00. 3 DEPARTMENT OF PUBLIC WORKS FEBRUARY 9, 1998 TO: Public Works/Plannin Committee FROM: Don Wickstro RE: Mill Creek Special Area Management Plan (SAMP) The Mill Creek SAMP is the product of an intergovernmental planning effort to adopt and implement common policies for aquatic resource protection in the Mill Creek basin in the vicinity of Auburn, Washington. The U.S. Army Corps of Engineers (Corps) initiated the SAMP planning effort under the sponsorship of the cities of Auburn and Kent, and King County. Several other agencies including the Washington State Department of Ecology (WDE), the U.S. Environmental Protection Agency (EPA), and the Muckleshoot Indian Tribe Fisheries Department have been active stakeholders in the SAMP effort. The SAMP has also been substantially shaped by the comments and criticisms of civic organizations and citizens in various forums, and a citizen advisory committee. The principal goal of the SAMP is to protect and restore aquatic resources in the Mill Creek basin to ensure no net loss of aquatic resource functions and values, while recognizing the need to accommodate projected growth in population and employment in the region. ACTION: Authorization for the Mayor to sign the Mill Creek Special Area Management Plan Memorandum of Agreement. The Mill Creek Special Area Management Plan MEMORANDUM OF AGREEMENT I. Purpose The purpose of this Memorandum of Agreement (MOA) is for the Sponsors and Supporting Agencies of the Mill Creek Special Area Management Plan (SAMP) to support in concept the goals and objectives of the SAMP and to demonstrate their intention to identify and initiate the mechanisms necessary to adopt and implement the SAMP. II. Background The Mill Creek Basin contains much that is environmentally sensitive. Numerous high quality wetlands, large and small, remain within large open areas. During the winter months, much of the Mill Creek/Mullen Slough valley floor is inundated by stormwater and backwater flooding from the Green River. In addition to stormwater detention, manv of these wetlands provide habitat for migratory birds waterfowl and shorebirds. Additionally, several of the Basin's creeks and wetlands have long been recognized as important salmon spawning and nursery areas. The Mill Creek Basin also contains agricultural open spaces, which are considered a vital ingredient in the quality of life in King County and possess fertile soils, which have been in agricultural use for generations. Much of this area will remain in agriculture or open space restrictive zoning due to public acquisition of development rights. 1 While the Mill Creek Basin is important environmentally and agriculturally, it is also seen as a particularly attractive location for the development of light industry and other commercial activities. This is primarily due to the basin's location near interstate highway transportation corridors, its close proximity to Seattle-Tacoma airport, the rapid growth focused on Auburn and Kent, the presence of undeveloped large tracts of land and much of the Basin's location within the regionally designated urban growth boundary. Concerns and conflicts between advocates of environmental protection and economic expansion have intensified as a result of substantial population and employment growth in the Mill Creek Basin. Many citizens and property owners have expressed concern at the effects of rapid development, more frequent and severe flooding, loss of open space and wetlands, and declining water quality and salmon runs. In an effort to address these concerns wetlands permit review has become progressively complex and more time consuming, with decisions often becoming contentious. In response to these issues the SAMP process was begun in 1990 to address the goal of balancing resource protection and economic development in Mill Creek Basin and to streamline permitting processes. The SAMP was developed by the US Army Corps of Engineers (ACOE) in cooperation with an Interagency SAMP Committee which included: the Cities of Auburn and Kent, King County. Washington State Department of Ecology (DOE), US Environmental Protection Agency, and the Muckleshoot Indian Tribe. A six person Citizens Advisory Committee also provided review and input to the Plan. The March, 1997 Draft SAMP and its companion, the June, 1997 Aquatic Resources Restoration Plan (providing detailed guidance on restoration and enhancement of wetlands and stream reaches in the study area) were issued for public comment on August 14, 1997. One public workshop and two public meetings where held in August, 1997 to receive comments on the Plan. Another planning effort entered into by King County and the Cities of Auburn and Kent, in 1992 is the Mill Creek Flood Control Plan. Nearly complete, this effort is developing a flooding and stormwater management plan for the Mill Creek Basin. The Plan incorporates the goals of the SAMP and is linked to the overall management of stormwater and aquatic resources in the Basin. III. SAMP Goals The SAMP was undertaken as a result of the common interests of the ACOE, the cities of Auburn and Kent, and King-County in identifying and adopting policies that encourage aquatic resource protection while allowing for appropriate land development in the Mill Creek Watershed area. The principal aim of the Mill Creek SAMP is to protect and restore aquatic resources in the Mill Creek Basin to ensure no net loss of aquatic resource functions and values, while recognizing the need to accommodate projected growth in population and employment as identified in local comprehensive plans. A further aim of the SAMP includes providing property owners, developers, and citizens greater certainty regarding the wetlands and stream permit processes. Additionally, the SAMP is designed to encourage the private sector to undertake a substantial portion of the work needed to restore Mill Creek. The SAMP identifies the location and conditions under which specific aquatic resource areas (wetlands, streams, and ponds) may be developed, and other locations where aquatic resources would be protected, maintained, and restored to a more or less natural state. The goals of the SAMP are as follows: 1) Ensure aquatic resources remain at current levels or increase to protect fish and wildlife habitat. Z) Provide flood storage and conveyance adequate to protect public health, safety and welfare while protecting aquatic resources. 3) Improve water quality. 4) Accommodate development that enables local jurisdictions to meet county-wide planning policy growth targets. 3 5) Provide greater predictability to both development and environmental interests. 6) Provide for long-term maintenance and management of aquatic resources in the basin. 7) Seek and secure funding for conservation easements and/or outright acquisition of critical wetland/stream corridor tracts. 8) Provide a variety of recreational and educational opportunities within the basin. IV. SAMP Implementation - A. SPONSORS For the SAMP to be effective in guiding resource protection and development, there must be a commitment on the part of each affected local jurisdiction and regulatory agency in the area to apply their land use and resource protection policies, codes and regulations in a way that is consistent with the SAMP. The ACOE is a Sponsor of the SAMP due to its Federal role in regulating waters of the United States, including wetlands. The ACOE is responsible for the consideration and issuance of Department of the Army permits and associated verification letters under authority of Section 404 of the Clean Water Act. The City of Auburn, the City of Kent, and King County are Local Sponsors of the SAMP because they currently have land use and zoning jurisdiction over parts of the Mill Creek Basin. Their jurisdiction includes consideration and issuance of grading and building permits under local laws and local sensitive/critical areas ordinances, and Shoreline Substantial Development Permits for projects within 200 feet of the Green River or any wetlands adjoining the river. Future annexations to city boundaries are expected to expand the cities'jurisdiction in these areas, reinforcing the need for close cooperation on land and aquatic resource planning. 4 The ACOE and the Local Sponsors support in principle the goals of the Mill Creek SAMP and agree to work, in the phased schedule described below, to identify the changes or modifications necessary in their existing regulations, polices, codes, and practices to ensure consistency with the SAMP; and will commence the public and legislative process to revise such regulations, codes, policies and practices as appropriate. Therefore, the ACOE, and the Local Sponsors agree to the following: PHASE I Army Corps of Engineers a) The ALOE; will, within six (6) months from the effective date of this MOA, determine whether to propose a Regional General Permit or other type of permit to implement the Mill Creek Basin SAMP under Section 404 of the Clean Water Act. This determination will also include whether to suspend Nationwide Permits # 1'),14,18,26, and 29. b) The ACOE will actively pursue the identification of Federal funding opportunities available to them which could help support the implementation of the SAMP, and will further determine whether any local matching funds are required to secure such funding. Local Sponsors a) The Local Sponsors will within six (6) months from the effective date of this MOA, identify the explicit changes and modifications that are necessary to make the SAMP and their existing regulations, codes, policies and practices consistent. b) The Local Sponsors will coordinate their efforts during Phase I so that each local sponsoring jurisdiction will have identified approaches which are internally consistent and will minimize conflict or inconsistency with similar efforts in the adjoining municipalities or overlapping jurisdictions. King County will be responsible for organizing and coordinating meetings of the local sponsoring jurisdictions. 5 c) The Local Sponsors will pursue the identification of funding opportunities available, which could support the implementation of the SAMP. PHASE II Army Corps of Engineers a) If, in Phase I described above, it is determined that a Regional General Permit is appropriate for the Mill Creek Basin, the ACOE will, within six (6) months of the completion of Phase I, commence the formal permit process by publishing a notice of intent to issue a Regional General Permit and suspend Nationwide Permits as determined in Phase I. b) The ACOE will pursue any federal funding opportunities identified in Phase I in coordination with local match commitments where needed. c) The ACOE will establish a Technical Oversight Committee (TOC) as described in the SAMP. The TOC will primarily be responsible for reviewing technical detail of proposed mitigation for wetlands permits in the Mill Creek Basin and monitor the implementation of the SAMP upon its adoption. Local Sponsors a) The Local Sponsors agree that all proposed changes to their local regulations, codes, policies, and practices will be submitted to their legislative bodies for consideration within six (6) months of the completion of Phase I. b) The Local Sponsors agree to participate on a TOC. c) The Local Sponsors agree to initiate procedures required to request funds needed to support the implementation of the SAMP. B. SUPPORTING AGENCIES For the SAMP implementation to yield the most significant benefits to the environment and the community, there must be concurrence and guidance by several other Federal, State, and Tribal entities having jurisdiction and/or interest in the basin in addition to the 6 Sponsors listed in IV.A. above. Those entities, hereby identified as Supporting Agencies, include: US Environmental Protection Agency, US Fish and Wildlife Service, National Marne Fisheries Service, the Muckleshoot Indian Tribe, and the Washington State Departments of Ecology and Fish and Wildlife. The responsibilities of the Supporting Agencies under this MOA are as follows: PHASE I a) The Supporting Agencies agree, within six (6) months from the effective date of this MOA, to identify any existing regulations, codes, policies or practices which may not be consistent with the implementation of the SAMP and to report back to the Signatories of this MOA. PHASE H a) If in Phase I, a Supporting Agency identifies rules, regulations, codes, policies or practices that may not be consistent with the SAMP, such Agency will identify explicit changes or modifications that are necessary for the SAMP and existing rule, regulation, code, policies or practice to be consistent. This shall occur within six (6) months of the completion of Phase I. b) The Supporting Agencies agree to participate, to the extent possible, on a TOC when it is established. c) The Supporting Agencies agree to use the SA1MP's watershed-wide analysis of the basin to guide their review of permits and approvals of projects proposed in the basin over which they have jurisdiction. IN WITNESS WHEREOF, the parties hereto have separately executed this Memorandum of Agreement on the day of 19 SPONSOR US Army Corps of Engineers Colonel James M. Rigsby 3 IN WITNESS WHEREOF, the parties hereto have separately executed this Memorandum of Agreement on the day of 19 SPONSOR City of Auburn Mayor Charles A. Booth 9 IN WITNESS WHEREOF, the parties hereto have separately executed this Memorandum of Agreement on the day of 119 SPONSOR City of Kent Mayor Jim White to IN WITNESS WHEREOF, the parties hereto have separately executed this Memorandum of Agreement on the day of 19 SPONSOR King County Executive Ron Sims tt IN WITNESS WHEREOF, the parties hereto have separately executed this Memorandum of Agreement on the day of , 19 SUPPORTING AGENCY US Environmental Protection Agency Region 10 Administrator Chuck Clarke iz IN WITNESS WHEREOF, the parties hereto have separately executed this Memorandum of Agreement on the day of , 19 SUPPORTING AGENCY US Department of Fish and Wildlife Supervisor David C. Frederick 13 IN WITNESS WHEREOF, the parties hereto have separately executed this Memorandum of Agreement on the day of , 19 SUPPORTING AGENCY WA Department of Ecolo;y Director Tom Fitzsimmons to Kent City Council Meeting Date February 17 , 1998 Category Consent Calendar 1. SUBJECT: 42ND AVENUE STREET VACATION - RESOLUTION - SET HEARING DATE 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, authorization to adopt Resolution No. setting the public hearing date of March 17th for the 42nd Avenue South Street Vacation. 3 . EXHIBITS: Public Works/Planning minutes, Public Works Director memorandum, Vicinity map and resolution 4 . RECOMMENDED BY: Public Works/Planning Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: - Council Agenda Item No. 3K The Memorandum of Understanding Management Plan was developed in 1997 and the Memorandum of Agreement that we're processing basically calls for the participating jurisdiction to agree to implement this Special Area Management Plan. It talks in terms of a timetable wherein the local jurisdictions identified changes to their regulations, their policies and procedures to adopt the provisions of the plan. The Memorandum of Agreement has been signed by all the participating agencies with the exception of the Cities of Kent and Auburn. Brotherton asked if the Dept of Ecology will reduce their existing regulations in order to accommodate some of these changes or are we simply trying to fit our regulations into theirs. Wolinski explained that the entire watershed will be systematically studied. There is a common understanding of which wetlands would be allowable for filling. This will streamline the entire permit process. In response to Brotherton, Wolinski explained that SAMP's watershed analysis has been completed. The City has been actively participating since 1988 as part of a technical advisory group which has been critiquing all the work. Committee unanimously recommended authorization for the Mayor to sign the Mill Creek Special Area Management Plan Memorandum of Agreement. 42nd Avenue South Street Vacation Gill stated that the Public Works Dept has received a valid petition from Mr. Donofrio to vacate a portion of 42nd Avenue South which is in the vicinity of S. 216th Street. He noted that this item is simply a matter of adopting a resolution setting a hearing date to consider this vacation. Committee unanimously recommended Council adoption of a resolution setting a hearing date for the 42nd Avenue South Street Vacation. King County Grant Agreement - Special Recycling Events Gill stated that this item involves two portions of the grant from King County -- one is to provide funding for a recycling event and the other element is a business recycling program. We have had these recycling events in the past; they are held twice yearly and enable the citizens to bring in items that are not collected as part of our normal recycling program. The other portion of this grant is a business recycling program which will provide onsite visits, technical assistance and community outreach for the businesses in this area. The recycling event is approximately $12,004 of the $37,553 grant. The remaining portion ($25,549) is for business recycling -- it is 100% King County funded. Committee unanimously recommended authorization for the Mayor to sign the grant agreement and direct staff to accept the grant and establish a budget for $37,553.00. 3 DEPARTMENT OF PUBLIC WORKS February 9, 1998 TO: Public Works/Planming Committee FROM: Don Wickstrorn RE: 42nd Avenue South Street Vacation We have received a valid petition from Frank E. Donofrio to vacate a portion of 42nd Avenue South. In accordance with State law, a Public Hearing thereon must be held. As such, we recommend adoption of a Resolution which sets the Public Hearing Date. ACTION: Recommend adoption of a Resolution setting a hearing date for the 42nd Avenue South Street Vacation. m �`l � v L -� �j �1 �:L V i FOR Nh DON OFRIO _CCRNEl�ffS- -- --: --\----- -- -----_--- ------- » i\ --------------------- MON. TO CTR. SEC. { Q11 ., LEGEND f _ F�. 1 j-1• SECTION CGriNE= M6NUMEN7 AS NC'TED = =D. REBAR a NG CAP • - ,VGA EK GD �S l;yJ 'i�A z M = MEaS�,?cD.. EASiS IF P== - _� SCAS ScCT, N = ���C_•:V IL2, 1 C �J J�1'i _ { tt��`; SCA-LE 1 = .5 � J �. cl -.� S CFl x RECE?11 7 max. I �,� x FRAME,<; ���y_ - JAN 2 2 I _ ^ 3 m _ =�- CITY OF KENT ;Gus ARE C PROPERTY �AANAuc:�ic' VAC,-i E5 SET.AIL sa= - - _ ZoV,DAEPJT -1+D :c _ 4. OL _ -T ' R E E SURVEYED BY: p L.S. No. 21361 r T - _ - IpN.iL1...,`��7 152 v5 E. 49th TR—EL 3ELLE%7:E, WA. 9800e SMRES: 5-1- y$ (425) 74 -aT 7- q- RESOLUTION NO. A RESOLUTION of the City of Kent. Washington,regarding the vacation of a portion of 42nd Avenue South. a dedicated, open street,north of its intersection with South 216th Street, and setting the public hearing on the proposed street vacation for March 17. 1998. WHEREAS, a petition, attached as Exhibit A. has been filed by various property owners to vacate a portion of 42nd Avenue South, a dedicated. open street, north of its intersection with South 216th Street in the City of Kent, King County, Washington; and WHEREAS, these property owners own at least two-thirds of the property abutting that portion of 42nd Avenue South that is now being sought to be vacated; and WHEREAS, the petition is in all respects proper. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT. WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A public hearing on the street vacation petition requesting the vacation of a portion of 42nd Avenue South shall be held at a regular meeting of the Kent City Council at 7:00 p.m., Tuesday, March 17, 1998, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. Section 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law. Chapter 35.79 RCW 1 Section 3. The Planning director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on March 17, 1998. Passed at a regular meeting of the City Council of the City of Kent, Washington this _day of 1998. Concurred in by the Mayor of the City of Kent, this —day of , 1998. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington. the _day of , 1998. (SEAL) BRENDA JACOBER, CITY CLERK P:�LAMRESOLUTRSTV AC43.RES 2 DEPARTMENT OF PUBLIC WORSZ9PY RECEIVED Date: � FEE 'a 1998 Kent Uty Anorney TO: CitvCleric ANI Q IS--;3 FROM: Jerry McCaughan CITY C� I ;C CITY C RE: Street Vacation 4z Regarding subject matter, please be advised that I have reviewed same and found everything in order. Therefore I am filing the original application with you and at the same time,by copy of this memo to the Public Works Director, the process should begin. cc: Don Wi&strom Attachment: Maps a."Mte CITY OF P n I JAN 2 7 1998 CITY OF KENT uw' TREASURY L�'p� JAN O 19�a APPLICANT: _ MAIh TO: �T 1 1 CITY OF KENT CITY OF KENT NAME: Fj11� ' OY10 1,6 CIV CLERK L 1 Property Management Address: c�J-6-e Jonc-f, Ave,' �E/ 220 So. 4th Ave. I I )n Kent, WA 98032 CI6�5 �Q Attn: Phone: STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We, the undersigned abutting property owners, hereby respectfully request that certain Poona Sys y� hereby be vacated. (General Location) e Legal description . (Must Contain Total Square Feet of Area Sought To Be Vacated) 5c—,V— r�1�u'� 1 Nets RECEIVED JAN 2 2 1998 CITY OF KENT PROPERTY MANAGEMENT BRIEF STATEMENT WHY VACATION IS BEIN SOUGHT Zhu l�cus� hu�lfi i>1 Igt�O encroo�cli in4o �z n'c�h� - o�-wa�j os Llzo A\;L,, Sckk* bc) 9,C)O f'c`i r6 -)111r flo(AVI Lhc6 OS I se , Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations, Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS , TAX LOT # IC2-zq-��Ig6"c SIGNAT RES A D ADDR �ESj LOT, BLOCK & PLAT/SEC. TWN. RG 2N-R�}E $150.00 Fee Paid Treasurer's Receipt No. Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Treasurer's Receipt No. Deed Accepted Date Trade Accepted Date 5224-33A � - 1 L — 220 41h AVE.SO., 1 KENT.WASHINGTON 98032-5895/ENGINEERING (206)859-33831 OPERATIONS(206)859.33951 FAX 0 859-3334 I lu Jai N 3 0 ZG98 CITY Gi KENT LEGAL,FOR VACATED PROPERTY CITY CLERK THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10,TOWNSHIP 22 NORTH, RANGE 4 EAST,W. M., MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10; THENCE NORTH 0° 48' 38" EAST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER AND THE CENTERLINE OF 42nd AVENUE SOUTH, 30.00 FEET; THENCE NORTH 890 58' 32" EAST, 30.00 FEET TO THE INTERSECTION OF THE NORTH MARGIN OF SOUTH 216th STREET, AND THE EAST MARGIN OF 42nd AVENUE SOUTH; THENCE NORTH 0° 48' 38" EAST ALONG SAID EAST MARGIN, 68.00 FEET TO THE TRUE POINT OF BEGINNING OF THE PROPERTY TO BE VACATED; THENCE NORTH 89° 11' 22" WEST, 13.00 FEET; THENCE NORTH 00 48' 38" EAST PARALLEL TO 42nd AVENUE SOUTH, 71.20 FEET;THENCE AT RIGHT ANGLES SOUTH 89' 11'22" EAST, 0.00 FEET;THENCE SOUTH 00 48' 38" WEST PARALLEL TO 42nd AVENUE SOUTH, 71.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 926 SQUARE FEET. PLAT O8 SURVEY FOR FRANK DONOFRIO 3 -- N89'30'C5"W -- --- ------------------ ----------------------------------------------— ��, 12.69 FD. WITNESS N 89' 38' 33' E oca6 . K CORNER MON. TO CTR. SEC. LEGEND O = FD. MONUMENT iN CASE = FD. 1/4 SECTION CORNER MONUMENT AS NOTED = FD. REBAR AND CAP MARKED LS 10937 Y K = CALC. FROM 'K.C.A.S. M = FIELD MEASURED F y BASIS OF EEARINGS PER N Z G \s KCAS SECTION BREAKDOWN Y N i � JAtJ 0 iS:.3 SCALE 1" = 50' 13.00 TM S Bc 11 ??" E -j o Cj CF KIENT N �� -- 104.00 C9 Ci C--' r 7.00 1 srDRY (0 �'� RECEIVE!) w o a.co i '. co " FRAME a JAN 2 2 AREA: �, z ao n i 14398 S. F. CITY OF KENT _ w c; oO ' 0 0.331 ACRES MANAG-CME 7.37 z I G PROPER HOUSE AREA TO BE tiF z; G* - VACATED n 3 Z SEE DETAIL SHEEP' 3 x g 1.89 FOB LOCATION OF ` PAVEMENT AND C o w c-1-11'22'c EDGE OF LANDSCAPE c"o a G 3.CO AREA \ W N V \ a, r ` (3G) b Ln z S 89' 58, 'N C4.01 sa2st z c, FD RESAR AR '\ 0.82 I c �o NO CAP G S89.58'32 1546.99 M �O� �`N - r S 89' 58' 32' N - -�j� Z r______ --------- ------------------ - -—------ I- ---- 2644.53 K/M I 2621.12 K 2 1 Sth SOUTH STREET w ; Y V N +� 2OO 0 100 �. A j a rGARY RVEYED BY:: ACAD FILE: DON0745 DATE: 1-2-98 L. VAN NESS SCALE 1" = 50'.S. No. 21364 625 S. E. 49th STREET cRAwrl B'f: G.L. . BELLEVUE, WA. 98006 KGB No. 745 EXPIRES: 8-1 9 (425) 747-0776 SHEET 7— OF + PLAT OF SURVEY FOR FRANK DONOFRIO DETAIL SHEET s 13.OG s qg. 22" E r c ac• I 22 E 28.00 134.00 pop— j 38.00 L i 17.00 22.00 8.00 so=r i FRAM E HOUSE v W U w I -00 AREA TO B — w `2E.00 VFCATE3 - C � ( rlf _ P0' 00 z o] Lc:7.37 {L� x M z J A N 3 W Z CITY G/='� KENT U i VL W RECEIVED U c c3o> c s-.22 22 ' ,.E JAN 2 2 1998 .. '17.0 �, 1 . 0 CITY OF KENT 77.00 PROPERTY MANAGEME!1T w 03 r, Ec b G 20 40 SURVEYED BY: ACAS F;LE: DON0745A 1 ; 0 GARY L. VAN NESS DATE: 1-2-98 PL'r'=R�,��i P.L.S. No. 21364 SCALE 1" = 2C' C75t£ 11625 S. E. 49th STREET DRAWM BY: BELLEVUE, SPA. 98006 IJOB rlc. 745 EMRES: 6-1-9$ (425) 747-0776 SHEET J 2F f Kent City Council Meeting Date February 17 1998 Category Consent Calendar 1. SUBJECT: KING COUNTY GRANT AGREEMENT SPECIAL RECYCLING EVENTS - AUTHORIZATION & ESTABLISH BUDGET 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, authorization for the Mayor to sign the King County Grant Agreement for Special Recycling Events, and direct staff to accept the grant and establish a budget in the amount of $37, 553 . 3 . EXHIBITS: Public Works/Planning minutes and Public Works Director memorandum 4 . RECOMMENDED BY: Public Works/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. 3L - The Memorandum of Understanding Management Plan was developed in 1997 and the Memorandum of Agreement that we're processing basically calls for the participating jurisdiction to agree to implement this Special Area Management Plan. It talks in terms of a timetable wherein the local jurisdictions identified changes to their regulations, their policies and procedures to adopt the provisions of the plan. The Memorandum of Agreement has been signed by all the participating agencies with the exception of the Cities of Kent and Auburn. Brotherton asked if the Dept of Ecology will reduce their existing regulations in order to accommodate some of these changes or are we simply trying to fit our regulations into theirs. Wolinski explained that the entire watershed will be systematically studied. There is a common understanding of which wetlands would be allowable for filling. This will streamline the entire permit process. In response to Brotherton, Wolinski explained that SAMP's watershed analysis has been completed. The City has been actively participating since 1988 as part of a technical advisory group which has been critiquing all the work. Committee unanimously recommended authorization for the Mayor to sign the Mill Creek Special Area Management Plan Memorandum of Agreement. 42nd Avenue South Street Vacation Gill stated that the Public Works Dept has received a valid petition from Mr. Donofrio to vacate a portion of 42nd Avenue South which is in the vicinity of S. 216th Street. He noted that this item is simply a matter of adopting a resolution setting a hearing date to consider this vacation. Committee unanimously recommended Council adoption of a resolution setting a hearing date for the 42nd Avenue South Street Vacation. King County Grant Agreement - Special Recycling Events "`yyy Gill stated that this item involves two portions of the grant from King County -- one is to provide funding for a recycling event and the other element is a business recycling program. We have had these recycling events in the past; they are held twice yearly and enable the citizens to bring in items that are not collected as part of our normal recycling program. The other portion of this grant is a business recycling program which will provide onsite visits, technical assistance and community outreach for the businesses in this area. The recycling event is approximately $12,004 of the $37,553 grant. The remaining portion ($25,549) is for business recycling -- it is 100% King County funded. Committee unanimously recommended authorization for the Mayor to sign the grant agreement and direct staff to accept the grant and establish a budget for $37,553.00. 3 DEPARTMENT OF PUBLIC WORKS February 9, 1998 TO: Public Works/Planning Committee FROM: Don Wickstro� RE: King County Grant Agreement Special Recycling Events We have received an agreement for funding from King County for the City's Optional Recycling Events and Business Recycling Program. These events are held twice yearly and enables citizens to recycle materials not included in curbside collection programs. The total budgeted funding under this Agreement is $37,553.00. ACTION: Authorize the Mayor to sign the grant agreement and direct staff to accept the grant and establish a budget for $37,553.00. CONTRACT# D 25746 D INTERLOCAL AGREEMENT Between IONNG COUNTY and the CITY OF KENT This Interlocal Agreement (hereinafter referred to as the Agreement) is executed between King County, a political subdivision of the State of Washington, and the City of Kent , a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. This Agreement has been authorized by the legislative body of each party as designated below: King County Motion No. 8857 City PREAMBLE King County and the City of Kent have adopted the King County Comprehensive Solid Waste Management Plan which includes waste reduction goals. In order to help meet these goals, the King County Solid Waste Division has established the City Optional Program. The City Optional Program funds projects that enable citizens to recycle materials not included in curbside collection programs and provides funds for cities to establish and maintain Business Recycling Programs and services. The City will spend its grant funds to fulfill the terms and conditions set forth in the scopes of work which are attached hereto as Exhibit A and Exhibit B, and incorporated herein by reference. L PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Kent from the County for the operation of Special Recycling Events and for the operation of a Business Recycling Program. II. RESPONSIBILITIES OF THE PARTIES The responsibilities of the parties to this Agreement shall be as follows: A The Ci General Provisions 1. The City shall comply with the Minority and Women's Business utilization provisions of King County Code Chapter 4.18, and amendments thereto, attached to the City's copy of the Agreement as Exhibit C and incorporated herein by reference to the other two copies of this Agreement. 1 2. During the performance of this Agreement, neither the City nor any party subcontracting=;er the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 3. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. 4. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable productq wherever practical. 5. The City shall maintain accounts of the direct and indirect costs of the programs covered in this Agreement for a period of at least six years. These accounts shall be subject to inspection, review or audit by the County and/or by federal or state officials so authorized by law. 6. The City agrees to credit King County on all printed materials provided by the County which the City is duplicating for distribution. Either King County's name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division" and/or"text provided courtesy of King County Solid Waste Division". 7. The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for the Special Recycling Event and the Business Recycling Program which have been funded through the City Optional Program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the piece. Special RecvclingEvent Provisions 8. Funds provided to the City by the County pursuant to this Agreement shall be used to sponsor two special events for collection from City residents of recyclable materials not included in household collection programs and consistent with the scope of work and budget attached as Exhibit A 9. Cities applying for City Optional Program funds must agree to collect at least four items, from the following list of eleven, at each event. • Polycoated Paperboard • PET &HDPE Plastic Containers • 93-7 Plastics • Ferrous Metals • Clean Wood (untreated) • Non-ferrous metals • Textiles • Bulky Wood Waste (>3" diameter) • Tires • Reusable Household Goods • Appliances 10. The City will submit to the County reimbursement requests no later than ninety (90) days following the event in a format specified by the County. The City shall be required to maintain records of where collected materials are sold or processed to guarantee that all the collected materials are either reused or recycled and to verify the amounts collected. The reimbursement request shall be 2 accompanied by an event report which shall include information on the amount of each material collected, the number of vehicles attending, the total cost for each budget item and the amount of that cost for which reimbursement is requested. In the event that the City hires a consultant to manage, plan, or staff the City's events, the City will provide documentation from the consultant of the number of hours spent on the event by task and the hourly rate associated with each task The reimbursement request shall be accompanied by receipts for verification of expenses. 11. The City will provide the King County Recycling Information Line and the King County Project Manager with the date and location of each event, as well as copies of any printed material used to publicize the event, as soon as they are available, but no later than thirty (30) days prior to the event. In the event there is any change in the date or the location of the event, the City will notify the County a minimum of thirty (30) days prior to the event. The City agrees that the events will be open to all King County residents and that the County has the right to publicize the events for the benefit of all County residents. All promotional material must contain the following sentence: "Partial funding for this event provided by the King County Solid Waste Division." 12. The Special Recycling Events shall be administered by Robyn Bartelt, Conservation Specialist, for the City of Kent, at 220 Fourth Avenue South, Kent, WA 98032, or designee. Business Re-Mling_Program Provisions 13. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services to the City's businesses as outlined in the scope of work and budget attached hereto as Exhibit B. 14. The City will submit to the County quarterly reports which include: a) a description of each activity accomplished in the previous quarter related to the scope of work; and b) reimbursement requests with copies of invoices and statements for each expenditure for which reimbursement is requested. These reports shall be submitted to the County on the following schedule: (1) the first quarter report is due by May 1, 1998; (2) the second quarter report is due by August 1, 1998; (3) the third quarter report is due by November 1, 1998; and (4) the fourth quarter report is due by February 1, 1999. Final reports which evaluate the effectiveness of the Cty's Business Recycling Program according to the evaluation methods specified in the scope of work are due within six months of completion of the program activity but no later than June 30, 1999. 15. The City agrees: a)to promote business recycling services; b) to provide assistance to businesses within its City limits to establish and expand their recycling, waste prevention, and buy recycled programs as described in Exhibit B; and c) to work towards minimum service levels for urban areas as defined in the 1992 King County Comprehensive Solid Waste Management Plan on pages M-41 and 42. 16. The City will cooperate with the County to coordinate its efforts with County programs. To facilitate cooperation, meetings may be scheduled between the County, the City, and other cities which are participating in the Business Recycling City Optional Program. The County will coordinate any meetings and cities participating in the Business Recycling City Optional Program will be given an opportunity to assist in the coordination of such meetings. The meetings will be held to share information about Business Recycling Programs, to coordinate assistance and programs, and to plan for 1999. 3 17. The Business Recycling Program shall be administered by Robyn Bartelt, Conservation Specialist, for the City of Kent, at 220 Fourth Avenue South, Kent, WA 98032, or designee. B. Co un : The responsibilities of the County pursuant to this Agreement are as follows: General Provisions 1. Within forty-five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment(s)for activities and/or expenditures which w2re not included in the scope(s) of work and budget(s) attached as Exhibits.A and B, unless the scopes have been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete(i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scopes of work and budgets attached as Exhibits A and B. 2. The County agrees to credit the City on all printed materials provided by the City to the County which the County duplicates for distribution. Either the City's name and logo will appear on such materials(including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City of Kent" and/or"text provided courtesy of the City of Kent". 3. The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing,the County will encourage other cities to credit the City on any pieces which were produced by the City. Special Re Mclin¢Event Provisions 4. The Special Recycling Events shall be administered by Bill Smith,Project Manager, or designee, specified by the King County Solid Waste Division. 5. The County will not provide Special Recycling Events within the corporate limits of the City. The County will coordinate the timing and locations of its Special Recycling Events with those of the City to avoid overlap whenever possible. 6. Funding for Special Recycling Events is allocated on the basis of a$4,000 base amount plus a per capita distribution. The City of Kent's budgeted allocation for Special Recycling Events in 1998 is $12,004. Business Recvcling_Program Provisions 7. The Business Recycling Program shall be administered by Dale Alekel,Project Manager, or designer, specified by the King County Solid Waste Division. 4 8. The County will not provide technical assistance services to individual businesses within the corporate limits of the City unless such assistance is an integral part of a County targeted commodity or targeted industry program and unless such assistance is undertaken in cooperation with the City. If the City wishes to participate in a County sponsored technical assistance program, the City shall pay the County for participation according to its proportional share of the cost of the program based on the City's employment levels. The City shall be eligible for any regional business services offered by the County that are outside the category of technical assistance. Such regional services are identified in Exhibit D. 9. The County will share the results of previous business audits and/or follow up surveys conducted within the City limits (and any printed materials such as case studies that the City wishes to use in its own programs). The County will provide information about existing Green Works members located within the City limits and will assist the City in signing up new members. The County will also provide its quarterly newsletter production schedule to the City in the event that the City wishes to publish a quarterly insert for distribution to the businesses in the City. 10. Funding for Business Recycling Programs is allocated based on the number of employees within each city. The City ofKent's budgeted allocation for a Business Recycling Program in 1998 is $25,549. Total budgeted funding under this Agreement is $37,553. III. DURATION OF AGREEMENT This Agreement shall become effective on January 1, 1998 and shall terminate on December 31, 1998. IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III upon thirty (30) days advance written notice. B. This Agreement may be terminated by either party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance, misuse of funds, failure to provide grant related reports/invoices as specified in Section H. A 10 and Section II. A 14. C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. 5 V. AMENDMENTS This Agreement may be amended only by written Agreement of both parties. Funds may be moved between tasks in the scopes of work, attached as Exhibits A and B, only upon written or verbal request by the City and written or verbal approval by King County. Such requests will only be approved if the proposed change(s) is(are)consistent with and/or achieves the goals stated in the scope(s) and falls within the activities described in the scope. VL HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoeve: occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims")brought against the County arising out of or incident to the City's execution of� performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. V1Q. INSURANCE A The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance is attached to this Agreement as Exhibit E, unless Section VII. B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached to this Agreement as Exhibit E. VIM ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed t be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 6 IX. TIlAE IS OF THE ESSENCE The County and the City recognize that time is of the essence in the performance of this Agreement. X. SEVERABE= If any section, subsection, sentence, clause or phase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. XL NOTICE IN WITNESS VIBEREOF this Agreement has been executed by each party on the date set forth below city King County Accepted for King County Executive BY Director of Natural Resources Title Date Date Pursuant to Pursuant to Motion No. 8857 Approved as to four, Approved as to form City Attorney King County Prosecuting Attorney Date Date 7 /10 Kent City Council Meeting Date February 17 , 1998 Category Consent Calendar 1. SUBJECT: 277TH/274TH 1997 GRADE & FILL - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, accept as complete the S. 277th St/SE 274th Way 197 Grade & Fill project and release of retainage to Scarsella Bros. Inc. upon standard releases from the State, and release of any liens. The original contract amount was $2, 120, 042 . 30. The final construction cost was $2 , 357 , 602 .84 , the overage being due to extensive work required to control erosion on site as well as additional storm lines being added along the access ramp to prevent erosion. Adequate funds exist within the project budget to cover this overage. 3 . EXHIBITS: Public Works/Planning minutes and Public Works Director memorandum 4. RECOMMENDED BY: Public Works/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. 3M c �77r},/SE274th Wav '97 Grade &Fill - Acceptance Gill explained that this is a contract for constructing a portion of the S. 277th Street Corridor. It was a major earthmoving portion of the project which was under construction most of last summer. He stated that since the final contract amount exceeded the 10% (11.21% over) we are bringing this before the Committee for approval to take it to the full Council. Gill noted one of the major issues creating the overage was dealing with some of the active erosion problems onsite, even during construction. There were some severe storm events during construction which brought alot of the material down into our siltation ponds. Clark requested that bid applications include, at City expense, power-washing of those homes nearest to the projects being constructed. Gill stated that we have done this on other projects where we have had similar problems. On the Upper Garrison Creek project we did clean several homes. Gill added that we will incorporate this into the project specifications. Committee unanimously recommended that the S. 277th St/SE274th Way '97 Grade &Fill project be accepted as complete. S 196th Street Corridor �'ondemnation Ordinance Gill explained that we are trying to move forward with construction of the west leg of the 196th Street Corridor. One of the elements of that project involves the filling of about one acre of wetland. In order to mitigate for that wetland loss, we need to acquire property to compensate in a ratio of about 3 to l. We are looking for 3 acres for wetland mitigation. Gill explained that we contacted several property owners; we narrowed it down to two sites; conducted environmental investigation on those sites and one is most suitable for this wetland mitigation effort. Gill stated that we did an appraisal and it appears our appraisal is somewhat below what the owners might be expecting however, we will be continuing to negotiate with the property owners on reaching a mutually acceptable sale price. However,we don't want to slow the project down and this merely gives us a date in court if for some reason we cannot reach a settlement out of court which will allow us to get public use and necessity and continue with the construction of the project. Gill said at this time, we would like to move forward on the condemnation process realizing that we continue negotiations. Committee unanimously recommended authorization to adopt the respective condemnation ordinance for the acquisition of the wetland mitigation site for the 196th Street Corridor project. Clark noted that he is hesitant in terms of the timeline. Tim LaPorte explained that the critical path for the 196th Street Corridor west leg, which is from West Valley Highway 4 DEPARTMENT OF PUBLIC WORKS February 9, 1998 TO: Public Works/Planning Committee FROM: Don Wlckstrom RE: S. 277th St/SE 274th Way '97 Grade &Fill Project -Acceptance The contract for the S. 277th St/SE 274th Way '97 Grade &L Fill project was awarded to Scarsella Bros. Inc. on April 15, 1997 for the bid amount of$2,120,042.30. The final construction cost was $2,357,602.84 (11.21% over). The contract exceeded the bid amount for the following reasons. o Revised project from ditches on the west side to a a high water storm line system in order to convey water more efficiently o Additional storm lines were added along the access ramp to prevent erosion. o Extra work was required to control erosion on site. o Redistributed from previously filled area to this area due to material shortage. Adequate funds exist within the project budget to cover this overage. ACTION: Recommend that the S. 277th St/SE 274th Way '97 Grade &L Fill project be accepted as complete. 10/101d SbT# 6T :80 £T-Z01866T 65S£ 6SB 30Z ONI2i33NION3 1N3N dO A1I3: WOtid Kent City Council Meeting Date February 17 , 1998 Category Consent Calendar 1. SUBJECT: 196TH STREET CORRIDOR CONDEMNATION - ORDINANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works/ Planning Committee, adoption of Ordinance No. authorizing condemnation by eminent domain proceedings on certain property for the acquisition of the wetland mitigation site for the 196th Street Corridor project, should negotiations fail. 3 . EXHIBITS: Public Works/Planning minutes, Public Works Director memorandum and vicinity Map, ordinance 4 . RECOMMENDED BY: Public Works/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. 3N S 277th/SE274th Wgv '97 Grade &Fill - Acceptance Gill explained that this is a contract for constructing a portion of the S. 277th Street Corridor. It was a major earthmoving portion of the project which was under construction most of last summer. He stated that since the final contract amount exceeded the 10% (11.21% over) we are bringing this before the Committee for approval to take it to the full Council. Gill noted one of the major issues creating the overage was dealing with some of the active erosion problems onsite, even during construction. There were some severe storm events during construction which brought alot of the material down into our siltation ponds. Clark requested that bid applications include, at City expense, power-washing of those homes nearest to the projects being constructed. Gill stated that we have done this on other projects where we have had similar problems. On the Upper Garrison Creek project we did clean several homes. Gill added that we will incorporate this into the project specifications. Committee unanimously recommended that the S. 277th St/SE274th Way '97 Grade &Fill project be accepted as complete. S 196th Street Corridor Condemnation Ordinance Gill explained that we are trying to move forward with construction of the west leg of the 196th Street Corridor. One of the elements of that project involves the filling of about one acre of wetland. In order to mitigate for that wetland loss, we need to acquire property to compensate in a ratio of about 3 to 1. We are looking for 3 acres for wetland mitigation. Gill explained that we contacted several property owners; we narrowed it down to two sites; conducted environmental investigation on those sites and one is most suitable for this wetland mitigation effort. Gill stated that we did an appraisal and it appears our appraisal is somewhat below what the owners might be expecting however, we will be continuing to negotiate with the property owners on reaching a mutually acceptable sale price. However, we don't want to slow the project down and this merely gives us a date in court if for some reason we cannot reach a settlement out of court which will allow us to get public use and necessity and continue with the construction of the project. Gill said at this time, we would like to move forward on the condemnation process realizing that we continue negotiations. Committee unanimously recommended authorization to adopt the respective condemnation ordinance for the acquisition of the wetland mitigation site for the 196th Street Corridor project. Clark noted that he is hesitant in terms of the timeline. Tim LaPorte explained that the critical path for the 196th Street Corridor west leg, which is from West Valley Highway 4 to Orillia Rd is the acquisition of the Corps of Engineer's 404 Permit and that's why this particular piece of property is being acquired. Until we actually have a site and have developed a plan for it, the Corps won't even acknowledge us. We need to move ahead with this acquisition in order to move ahead with the project. School Impact Fees Ordinance and Authorization Brubaker explained that there are a number of house-keeping measures that need to be addressed for the existing school impact fees that the City imposes upon certain new construction. The primary issue at this time is consideration of whether or not to extend these impact fees. They expire March 31 st of this year unless extended by the Committee. Brubaker said he has drafted an Ordinance to extend them for another year although it is at the Committee's option to extend it for 30 days or more. Brubaker further stated, there is a need to include the Federal Way and Kent School District's Capital Facilities Plan to our own Capital Facilities Plan as part of our Comprehensive Plan and to provide the basis from which to impose the impact fees. Brubaker said we referenced the school's plans but we did not specifically attach them to our Capital Facilities Plan. The first item of business is to determine the extension of the impact fees and secondly, a motion to refer this matter to the Land Use and Planning Board, have a hearing and attach the School District's Capital Facilities Plan to our own Capital Facilities Plan. Committee unanimously recommended that this matter be referred to the Land Use and Planning Board, hold a hearing and attach the School District's Capital Facilities Plan to our own Capital Facilities Plan. Judy Woods noted that at some point we should consider extending the school impact fees in perpetuity or 5 years or whatever date seems appropriate. Clark asked if there would be a problem putting these fees into a two year cycle renewal. Brubaker stated that would be strictly Council's preference. Brotherton stated that two years would probably be more palatable for some people and it does create certainty. Woods stated she would be receptive to changing the Motion to consider the language to March 31, 2000. The Committee unanimously recommended an amended Motion of extending the school impact fees to March 31, 2000 and, to refer this matter to the Land Use and Planning Board. Fred Satterstrom asked the Committee if this Motion has within it a declaration of emergency. Judy Woods explained that the language would be that the Land Use and Planning Board consider adoption of an emergency comprehensive plan amendment to adopt the Capital Facilities Plans of the Kent and Federal Way School Districts of an element of the City of Kent's Capital Facilities Plan for 1998. 5 DEPARTMENT OF PUBLIC WORKS FEBRUARY 6, 1998 TO: Public Works/Planning Committee FROM: Don Wickstromt RE: 196th Street Corridor Condemnation (Wetland Mitigation Site) As discussed at an earlier committee meeting, one of the key elements in proceeding with constructing the western portion of the 196th Street Corridor (west of the river) is obtaining an Army Corp of Engineers permit. Said permit is required because the project proposes to fill 0.99 acres of wetland. To obtain the permit, we need to mitigate for the loss wetland at a 3 to 1 ratio (meaning create 3 acres of wetland). Further, said creation has to be within the same drainage basin. ` For over a year we have been seeking a site. We solicited all those owners of properties within this small basin wherein their property appeared suitable. Of those, two were actively being marketed for sale for which we pursued further environmental studies thereon. Of the two sites, only the one at the northeast corner of 216th Street and 42nd Avenue S. appeared both suitable for wetland creation and potentially Corp acceptable. The site as reflected on the attached map is 6.18 acres of which 3.78 acres are encumbered by wetlands and their buffers. With this site selected we developed a mitigation plan and submitted it to the Corp for the permit. We anticipate permit approval around July. Unfortunately however, our negotiations with the property owner(s) for the purchase of the property have broken down. Indications are they may settle for$95,000. however after completing two certified appraisals thereof, the supportable fair market value for the property is only S62,000. While we will continue to negotiate a purchase price, we are seeking Council authorization to condemn. Should condemnation not be authorized, than obviously the project gets delayed at least a year. However it should be further understood that the County is paying for this portion of the Corridor project and it has been a struggle to get and keep their money ($5.000,000) in this project. Any delay could jeopardize their continued support. In addition, our granting agency has been after us to get this project completed. In the past they have hinted at the possibilites of re-allocating the grant ($5,800,000) if we don't get moving. Loss of any of these funds would jeopardize our ability to build this Corridor project. As such, we strongly recommend authorizing condemnation. ACTION: Authorize adopting the respective condemnation ordinance for the acquisition of the wetland mitigation site for the 196th street Corridor project. ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of certain property and/or property rights in order to construct, extend, improve, alter maintain and reconstruct a Wetland Mitigation Site for the City's 196th Street Corridor project; providing for the condemnation, appropriation, taking and damaging of such property rights as are necessary for that purpose; providing for the payment thereof out of the 196th Street Corridor-- West Leg--Project Fund(Fund R-82); and directing the City Attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations or other agreements; all of said property located within King County, Washington. WHEREAS, the acquisition of property and/or property rights and the construction of the City's 196th Street Corridor Project (the "Project")is an important part of the City's Transportation Improvement Plan, and WHEREAS, a key element to proceed with construction of the western portion of the 196th Street Corridor is obtaining an Army Corps of Engineers permit,which will require the City to construct a Wetland Mitigation Site to mitigate for the loss of approximately 0.99 acres of wetland caused by the construction of the Project; and WHEREAS, the City Council has determined to condemn the property and/or property rights necessary for construction of the Wetland Mitigation Site and for completion of the Project. NOW, THEREFORE, 1 THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, ORDAINS AS FOLLOWS: SECTION 1. After hearing the report of City staff, and after reviewing the planned improvements for the 196th Street Corridor Project, specifically including the Wetland Mitigation Site (the "Project"),the City Council finds and declares that the public convenience, use, health, safety and necessity demand that the City of Kent condemn, appropriate, take and damage all or portions of certain real property located in King County, Washington, in order to acquire the necessary property and/or property rights for the construction of the Project, including all necessary appurtenances. This parcel is legally described in Exhibit A, attached and incorporated by this reference (the "Property"). The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, alteration, maintenance and reconstruction of the Project. SECTION 2. The City authorizes the acquisition by condemnation of all or a part of the Property for the construction. extension, improvement, alteration, maintenance and reconstruction of the Project, including acquisition of property and/or property rights, together with all necessary appurtenances and related work to make a complete improvement according to City standards. SECTION 3. The City shall condemn the Property only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City's 196th Street Corridor--West Leg--Project Fund (Fund R-82) or from any of the City's general funds, if necessary, as may be provided by law. SECTION 5. The City authorizes and directs the City Attorney to commence those proceedings provided by law that are necessary to condemn the Property. In commencing these condemnation procedures, the City Council authorizes the City Attorney to enter into settlements, stipulations or agreements in order to minimize damages,which settlements, stipulations or agreements may include, but not be limited to, the amount of just compensation to be paid. the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other propertv interests. SECTION h. Any acts consistent with the authority and prior to the effective date of this ordinance are ratified and confirmed. SECTION 7. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this Ordinance,or the validity of its application to other persons or circumstances. SECTION 8. This ordinance, being the exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect and be in force five (5) days after publication as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1998. APPROVED the _day of 1998. PUBLISHED the _day of 1998. I hereby certify that this is a true and correct 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. BRENDA JACOBER, CITY CLERK P-\LAW\ORD FN ANCTONDEM05 196 4 Order No. 325131 A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows : The south half of the southwest quarter of the northeast quarter of Section 10, Township 22 North, Range 4 East, W.M. , in King County, Washington; EXCEPT that portion described as follows : Commencing at the southwest corner of said southwest quarter of the northeast quarter of Section 10, Township 22 North, Range 4 East, W.M. , in King County, Washington; thence northerly to the northeast corner of the intersection. of South 216th Street and 42nd Avenue South, which is the TRUE POINT OF BEGINNING; thence north along the easterly margin of 42nd Avenue South a distance of 208 . 7 feet; thence east at right angles to the quest boundary of said southwest quarter a distance of 208 .7 feet; thence south parallel to the west boundary of said southwest quarter a distance 208 .7 feet; thence west at right angles to the west boundar✓ of said southwest quarter and along the northerly boundary of South 216th Street a distance of 208 . 7 feet to the point of beginning; AND EXCEPT the east 646 feet thereof; AND EXCEPT that portion lying within Drainage Ditch Number 2; AND EXCEPT that portion in South 216th Street and 42nd Avenue South. END OF SCHEDULE A NOTE FOR INFORMATIONAL PURPOSES ON:._: The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65 . 04 . Said abbreviated lega- description is not a suhstitute for a complete legal description within the body of the document. NE 1/4 10-22-04 Kent City Council Meeting Date February 17. 1998 Category Consent Calendar 1. SUBJECT: SCHOOL IMPACT FEES - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. extending the school impact fee program for (2) two additional years. The City's current school impact fee ordinance will sunset on March 31, 1998 . By taking action to extend the sunset provision, the authorization to collect school impact fees will remain in effect while the Land Use and Planning Board considers a comprehensive plan amendment to adopt the current Capital Facilities Plans of the Kent and Federal Way School Districts as an element of the City of Kent' s Capital Facilities Plan. Once the current Capital Facilities Plans of the school districts have been adopted into the City' s Capital Facilities Plan element of its Comprehensive Plan, the City Council will, by separate ordinance, amend the current fee schedule consistent with existing state and local regulatory requirements. 3 . EXHIBITS: Public Works/Planning Committee minutes and Ordinance 4 . RECOMMENDED BY: Public Works/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. 30 to Orillia Rd is the acquisition of the Corps of Engineer's 404 Permit and that's why this particular piece of property is being acquired. Until we actually have a site and have developed a plan for it, the Corps won't even acknowledge us. We need to move ahead with this acquisition in order to move ahead with the project. School Impact Fees Ordinance and Authorization Brubaker explained that there are a number of house-keeping measures that need to be addressed for the existing school impact fees that the City imposes upon certain new constriction. The primary issue at this time is consideration of whether or not to extend these impact fees. They expire March 31 st of this year unless extended by the Committee. Brubaker said he has drafted an Ordinance to extend them for another year although it is at the Committee's option to extend it for 30 days or more. Brubaker further stated, there is a need to include the Federal Way and Kent School District's Capital Facilities Plan to our own Capital Facilities Plan as part of our Comprehensive Plan and to provide the basis from which to impose the impact fees. Brubaker said we referenced the school's plans but we did not specifically attach them to our Capital Facilities Plan. The first item of business is to determine the extension of the impact fees and secondly, a motion to refer this matter to the Land Use and Planning Board, have a hearing and attach the School District's Capital Facilities Plan to our own Capital Facilities Plan. Committee unanimously recommended that this matter be referred to the Land Use and Planning Board, hold a hearing and attach the School District's Capital Facilities Plan to our own Capital Facilities Plan. Judy Woods noted that at some point we should consider extending the school impact fees in perpetuity or 5 years or whatever date seems appropriate. Clark asked if there would be a problem putting these fees into a two year cycle renewal. Brubaker stated that would be strictly Council's preference. Brotherton stated that two years would probably be more palatable for some people and it does create certainty. Woods stated she would be receptive to changing the Motion to consider the language to March 31, 2000. The Committee unanimously recommended an amended Motion of extending the school impact fees to March 31, 2600 and, to refer this matter to the Land Use and Planning Board. Fred Satterstrom asked the Committee if this Motion has within it a declaration of emergency. Judy Woods explained that the language would be that the Land Use and Planning Board consider adoption of an emergency comprehensive plan amendment to adopt the Capital Facilities Plans of the Kent and Federal Way School Districts of an element of the City of Kent's Capital Facilities Plan for 1998. 5 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington,amending Chapter 12.13 of the Kent City Code relating to school impact fees by extending the expiration date of the School Impact Fee Code to March 11, 2000. WHEREAS,the School Impact Fee Code expires on March 31, 1998; and WHEREAS;the City Council finds it appropriate to extend the expiration date of the School Impact Fee Code;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION L Section 12.13.150 of the Kent City Code is amended as follows: See. 12.13.150. Termination of school impact fees. This chapter shall be and remain in effect until March 31,+999$2000. SECTION2. -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 I -Effective Date. This Ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED. day of 1998. APPROVED: day of , 1998. PUBLISHED: day of 11998. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent. Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P V.AN'\ORDINANOSCHOOL.ORD 7 Kent City Council Meeting Date February 17 . 1998 Category Consent Calendar 1. SUBJECT: NANCY' S GROVE FINAL PLAT FSU-96-10 - SET MEETING DATE 2 . SUMMARY STATEMENT: Set March 3 , 1998, as the date for a public meeting to consider a final plat application by EMS, Inc. The preliminary subdivision was approved by King County and came under Kent' s jurisdiction with the Meridian Annexation. This plat is 10.83 acres in size, consists of 34 lots, and is located south of SE 278th Street and east of 144th Avenue SE. 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. 3P / 6 Kent City Council Meeting Date February 17 . 1998 Category Consent Calendar 1. SUBJECT: GREEN RIVER NATURAL RESOURCE ENHANCEMENT AREA - TOWERS/BRIDGES - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the Green River Natural Resource Enhancement Area Towers/Bridges project and release of retainage to S. L. Larsen Construction, Inc. upon standard releases from the State, and release of any liens. The original contract amount was $440, 587. 53 . The final construction cost was $469,487 . 10. 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. 3Q Kent City Council Meeting Date February 17 . 1998 Category Consent Calendar 1. SUBJECT: SOOS CREEK WELL TRANSMISSION MAIN - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the Soos Creek Well Transmission Main project and release of retainage to Kar-Vel Construction upon standard releases from the State, and release of any liens. The original contract amount was $373,941. 29 . The final construction cost was $334 , 764 . 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. 3R i Kent City Council Meeting Date February 17 , 1998 Category Consent Calendar 1. SUBJECT: CENTRAL AVENUE & PIONEER TRAFFIC SIGNAL - ACCEPTANCE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept as complete the Central Avenue & Pioneer Traffic Signal project and release of retainage to Signal Electric, Inc. upon standard releases from the State, and release of any liens. The original contract amount was $27 ,500. 00. The final construction cost was $28,700. 00. 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. 3S Kent City Council Meeting Date February 17 1998 Category Other Business 1. SUBJECT: ALLENBACH IV PRELIMINARY PLAT SU-96-31 2 . SUMMARY STATEMENT: This date has been set to consider the Hearing Examiner' s recommendation for conditional approval of an application by Baseline Engineering for a 19-lot single- family residential preliminary subdivision. The property is located between SE 277th and SE 278th at 145th Place SE. 3 . EXHIBITS: Staff report, preliminary plat map, and Findings & Recommendations of the Hearing Examiner 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: /, Councilmember fta� moves, Councilmember O"LO -- seconds to accept the Findings of the Hearing Examiner and to adopt�reject the Hearing Examiner' s recommenda- tion of approval with ten (10) conditions of the 19-lot single- family residential preliminary subdivision No. SU-96-31. DISCUSSION: y \ ACTION: Y C Council Agenda Item No. 4A CITY OF "��� Jim White, Mayor Planning Department (253)859-3390/FAX(253) 850-254d James P. Harris, Planning Director KENT PLANNING DEPARTMENT (253) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF NOVEMBER 5, 1997 FILE NO: ALLENBACH IV SU-96-31 APPLICANT: Richard Moose, P.E. Baseline Engineering, Inc. 1910 64th Avenue West Tacoma. WA 98466 REQUEST: A request to subdivide approximately 4.03 acres intol9 single family residential lots. STAFF REPRESENTATIVE: Sarah Bradley, Planner STAFF RECOMMENDATION: APPROVAL with conditions I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to subdivide one existing tax parcel into 19 single family residential lots. Approval of this application will produce 19 building lots. B. Location The subject property is located between SE 278th and SE 279th at 145th Place SE. 1 -104th AVENUE SOUTH / KENT.WASHINGTON98032-5895/TELEPHONE i2531859-3300 Staff Report Allenbach IV #SU-96-31 C. Size of Property The subdivision proposal is approximately 4.03 acres in size. D. Zoning- The subject property is zoned SR-6, Single Family Residential with a 6.05 units per acre maximum density. E. Land Use The parcel is separated in the middle by a developed parcel unrelated to this proposal. Single family development surrounds the property on the north, west and east sides. Approximately 65 new single family residences are proposed to the south of this property. The City of Kent Comprehensive Plan Land Use Map designates the site as SF-6, Single Family, 6 dwelling units per acre. F. History The subject property was annexed to the City of Kent as part of the approximately 640 acre Kent East Hill Annexation on January 1, 1996 (Ordinance 3255). The area was zoned SR-6 at the time of its annexation to the City of Kent. A Tentative Plat meeting was held on January 9, 1997 to discuss issues regarding this plat (#TSU-96-31). At this meeting the applicant was given proposed preliminary conditions of approval for this plat. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A Determination of Nonsignificance (DNS) (#ENV-97-28) was issued on June 6, 1997. 2 Staff Report Allenbach IV #tSU-96-31 B. Significant Ph sical Features T000graphv and Vegetation The westerly portion of the proposed plat contians 15 percent slopes as does the easterly portion. The middle portion is on a knoll at a 430 foot elevation while the easterly edge of the plat is at a 400 foot elevation. C. Significant Social Features 1. Street Svstem The subject property will have access to SE 278th Street, which is classified as a Residential Collector Arterial. The street will have a public right-of-way of 56 feet while the actual width of paving will be 36 feet. The street is unimproved at this time. A right-of-way wil be required to be deeded to the City. New left turn lanes will not be required. The average daily traffic count on 144th Avenue SE at SE 275th Street is approximately 3,500 vehicle trips per day. 2. Water Svstem The subject property will be served by Water District#111. 3. Sanitary Sewer S s�tem The subject property will be served by Soos Creek Sewer. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Chief of Staff City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Building Official City Clerk Kent School District King County Parks, Planning & Resource Department US West Communications 3 Staff Report Allenbach IV #SU-96-31 Puget Sound Power and Light Seattle-King County Health Department Washington Natural Gas Washington Department of Transportation Postmaster In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. IV. PLANNING DEPARTMENT REVIEW A. COMPREHENSIVE PLAN In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which represented a complete revision to the City's 1977 comprehensive plan. The 1995 plan was prepared under the provisions of the Washington State Growth Management Act. The Comprehensive Plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community. ar other public agencies. The plan is used by the Mayor, City Council, Land Use a:_ °lanning Hearings Board, Hearing Examiner, and City departments to guide decisions on amendments to the City's zoning code and other development regulations, which must be consistent with the plan, and also guide decisions regarding the funding and location of capital improvement projects. The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area. Upon reviewing the development plan/subdivision map for Allenbach IV, incremental but cumulatively significant,additional impacts to the regional and local transportation systems are demonstrated, in part, as additional traffic congestion at the following intersections: 144th Avenue Southeast at Southeast 272nd Street 132nd Avenue Southeast at Southeast 272nd Street/Kent-Kangley Road 116th Avenue Southeast at Kent-Kangley Road 4 Staff Report Allenbach IV #SU-96-31 Additional incremental,but cumulatively significant,impacts will be created to water quality, storm water detention and conveyance facilities, utility transmission facilities, sanitary sewerage and domestic water conveyance systems. Compliance with the City of Kent's 'Public Works Ordinance' and the State of Washington's Growth Management Act will require concurrent improvement or the execution of binding agreements by the Owner/Subdivider with the City of Kent, for participation in future improvement projects of roadway,intersection and intersection signalization, storm water detention, treatment, and conveyance, utility, sanitary sewerage, and domestic water systems. KENT COMPREHENSIVE PLAN The City of Kent Comprehensive Plan is made up of eleven elements which contain written goals and policies as well as a land use map. The Kent Comprehensive Plan Land Use Map designates the project site as SF 6, Single Family Residential, with a six units per acre maximum density. LAND USE ELEMENT The land use element outlines the proposed general distribution and location of various uses of land within the planning area. The land use element is designed to guide where and when development happens, as well as the character of Kent's development pattern. Goal LU-1: Designate an urban growth area and Potential Annexation Area which will define the City's planning area and projected city limits for the next 20 years. Policv LU-1.1: Provide enough land in the City's urban growth area to accommodate the level of household growth projected to occur in the next 20 years. Goal LU-8: The City of Kent adopts a 20 year housing target of 7,500 new dwelling units within the existing city limits. Coordinate with King County through an interlocal agreement on housing targets in the unincorporated area within Kent's Potential Annexation Area. 5 Staff Report Allenbach IV #SU-96-31 Policy LU-8.1: Provide in the land use plan adequate land and densities to accommodate both city and county targets within the Potential Annexation Area. Average net residential densities throughout the Potential Annexation Area should be at least four units per acre in order to adequately support urban services. Planning Department Comment: This proposed subdivision supports several of the goals and policies in the land use element. The development of vacant properties inside the urban growth boundary prevents further urban sprawl in rural areas. In addition, infill development provides a much more efficient means of providing services and enhancing pedestrian opportunities. The net density of this project is approximately 6.05 units per acre. HOUSING ELEMENT OVERALL GOAL: ENSURE OPPORTUNITIES FOR AFFORDABLE HOUSING AND AN APPROPRIATE LIVING ENVIRONMENT FOR KENT CITIZENS. Goal H-1: Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation, and by being sensitive to the environmental impacts of development. Policy H-1.2: Guide new residential development into areas where community and human services and facilities are available, ana in a manner which is compatible with the land use element. Policv H-1.7: Continue to utilize regulatory measures to control impacts of residential development on the environment and on water quality. Review these regulations periodically to assess their overall effectiveness and their impact on housing cost and supply. 6 Staff Report Allenbach IV #SU-96-31 Planning Department Comment This proposed subdivision supports relevant goals and policies of the housing element. The proposed location is easily and well served by existing human services and facilities. The potential impacts of this project have been reviewed under the State Environmental Policy Act, and its impacts have been mitigated for through a conditional Determination of Nonsignificance. These impacts include, but are not limited to, water quality and traffic. The provision for on site stormwater management and a separate sensitive areas tract will protect the water quality in the area. As mentioned elsewhere in this report, the proposed development is consistent with the land use element including the Land Use Plan Map. TRANSPORTATION ELEMENT OVERALL GOAL PROVIDE FOR A BALANCED MULTIMODAL TRANSPORTATION SYSTEM WHICH WILL SUPPORT LAND USE PATTERNS AND ADEQUATELY SERVE EXISTING AND FUTURE RESIDENTIAL AND EMPLOYMENT GROWTH WITHIN THE POTENTIAL ANNEXATION AREA. Goal TR-1: Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policy TR-1.2: Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways. PolicyTR-1.3: Fund development of the roads necessary for a complete arterial system serving all travel needs in the planning area (inside and outside the City) through fair share payments by new residential, commercial, and industrial development. Planning.Department Comment: Under the Growth Management Act,the City must be able to provide the necessary infrastructure to support new development at the time it is completed. There are existing sewer and water facilities available to serve the site, and the applicant will 7 Staff Report Allenbach IV #SU-96-31 be required to build a residential street to provide access. This will be a dedicated public right of way which is integrated into the existing City road network. The City currently has several future corridor projects which are designed to provide better access between Kent!s east hill, valley floor, and west hill areas. In addition, these corridors will help slow additional congestion on existing east-west arterials. ECONOMIC DEVELOPMENT ELEMENT Goal D-2: Maintain a strong policy toward balanced community development. Policv ED-2.1: Encourage home ownership to foster stakeholders in the community. Policv ED-2.3: Encourage new housing development to locate closer to existing public services. Planning Department Comment The proposed preliminary plat will provide thirteen additional single family home ownership opportunities in the City of Kent. This can help foster a sense of community as well as increase neighborhood stability. Locating new development near existing community services drastically reduces the amount of money necessary to provide those services, and therefore funds can be directed towards other projects. B. STANDARDS FOR GRANTING A SUBDIVISION The purpose of the City of Kent Subdivision Code is to provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, insuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that proper provisions for all public facilities (including circulation,utilities,and services)shall be made;that maximum advantage of site characteristics shall be taken into consideration; that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be insured. 8 Staff Report Allenbach IV #SU-96-31 Planning Department Comment The proposed plat is in general conformance with the regulations of the Subdivision Code. The Subdivision Code calls for right-of-way widths for cul-de-sacs to be 50 feet and the proposal is in compliance with this requirement. All proposed sewers, water mains, and other utilities will comply with applicable City requirements. The minimum lot size allowed for this subdivision is 5,700 square feet, and all proposed lots meet or exceed this standard. The average size of the proposed lots is 5,787 square feet. C. FEASIBILITY OF DEVELOPMENT ON PROPOSED LOTS Development on all lots in the proposed subdivision will be subject to Zoning Code requirements for development in the SR 6, Single Family Residential zoning district. Planning Department Comment All proposed lots meet minimum lot size and width requirements. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must front upon a public street or road. The size, shape, and orientation of lot shall meet the minimum area and width requirements of the SR district and shall be appropriate for the development of single family residences. Comer lots may be required to be platted with additional width to allow for the additional side yard requirements. D. PROPOSED FINDINGS The Planning Department has reviewed this application in relation to the Comprehensive Plan, proposed zoning, land use, street system, flood control problems and comments from other departments and finds that: 1. The Kent Comprehensive Plan Land Use Map designates the site SF-6, Single Family Residential, six units per acre maximum density. 2. The site is currently zoned SR-6, Single Family Residential with a 5,700 square foot minimum lot size. This project will be subject to the development standards of the SR-6 zoning district. 9 Staff Report Allenbach IV #SU-96-31 3. Land uses in the immediate area are predominantly single family residential. 4. A Tentative Plat meeting was held for the proposed subdivision on January 9, 1997 (#TSU-96-31). 5. A Mitigated Determination of Nonsignificance (#ENV-97-28) was issued on June 6, 1997 for this project. 6. There are significant trees of six inch or greater caliper located on the property. 7. The site will have access to SE 278 Street. 8. The subject property would receive sewer service from Soos Creek Sewer. 9. The subject property would receive water service from the Water District #111. V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary subdivision,staff recommends APPROVAL of the proposed Allenbach IV subdivision with the following conditions: A. GENERAL CONDITIONS OF APPROVAL: 1. The Owner/Subdivider shall implement all mitigation measures required by the Determination of Non-Significance for SEPA checklist ENV-97-28 for the ALLENBACH IV SUBDIVISION. 2. Preliminary Drainage Plans submitted with this application need to address infiltration feasibility as well as sizing of the detention /retention facilities and tract(s) as specified by condition 7 in the DNS for ENV-97-28. If infiltration is not feasible, then appropriate documentation shall be provided which justifies this conclusion. This information is also needed for the design of building downspout infiltration systems. 10 Staff Report Allenbach IV #SU-96-31 B. PRIOR TO RECORDING THE SURnIVISION: 1. The Owner/Subdivider shall receive approval for engineering drawings from the Department of Public Works, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. Sanitary Sewer service to the subject property will be provided by the Soos Creek Water and Sewer District. Contact that District for details on necessary improvements. b. A water system meeting domestic and fire flow requirements for all lots. Water service to the subject property will be provided by Water District #111. Contact the district for details on necessary improvements. C. Detailed Drainage Plans which show how the 100-year post- developed stormwater runoff from this development will be collected, conveyed, stored, treated and released to the City stormwater drainage system in compliance to the Kent Construction Standards. (1) The Owner/Subdivider shall construct an on-site detention/ retention pond system in accordance with the Kent Construction Standards to mitigate for potential impacts to stormwater runoff quantity. The minimum detention storage volume will be that volume required to detain the 100-year, 24-hour design storm while releasing at rate no greater than 70 percent of the pre-developed 2-year, 24-hour design storm (the release criteria established in the Soos Creek Basin Plan for discharges to Soosette Creek.) The pre- development condition shall be assumed to be forest/grass only unless otherwise determined by the Director. (2) An infiltration pond retention system is the preferred alternative for mitigation of stormwater impacts and this alternative shall be required unless proven unfeasible by the Owner/Subdivider's design engineer in the submittal for the Detailed Drainage Plan. 11 Staff Report Allenbach IV #SU-96-31 (3) Roof downspouts for each house and garage shall be directed to Roof Downspout Infiltration Trenches meeting the requirements of the Department of Public works including overflow pipes connected to an approved conveyance system. The Detailed Drainage Plans will include an approved detail for the Roof Downspout Infiltration Trenches, and will provide private stormwater stubouts to each lot for future connection to the Roof Downspout Infiltration Trenches. The face of the final platishort plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS. (4) The required downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the point of discharge from the site downstream a dig-ance of at least one quarter mile or to the point where stormy.ater discharges to the maintained portion of the City of Kent stormwater drainage system, whichever is further. (a) This downstream analysis will clearly identify the existing and future capacity of each link in the drainage system for the appropriate downstream reach if a 100 percent infiltration retention facility is not used. (b) Should downstream capacity be insufficient to convey the 25-year, 24-hour peak flow rate, the Owner/Subdivider shall either provide necessary off- site improvements to convey the 25-year, 24-hour design peak flow (and easements where necessary), OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded. 12 Staff Report Allenbach IV #SU-96-31 (c) In addition, the Owner/Subdivider's design engineer shall identify all downstream reaches which cannot convey the 100-year, 24-hour design storm without overtopping or pressure flows. (d) Similarly, should an erosion problem be exacerbated by the proposed release conditions, then the Owner/Subdivider will have to further restrict the release of stormwater from this development, or to provide suitable off-site mitigation. (5) The Owner/Subdivider shall submit a Landscape Plan for within and surrounding the retention/detention facility (if a pond, only) to the Kent Planning Department and the Department of Public Works for review and approval prior to, or in conjunction with,the approval of the Detailed Drainage Plans. (6) The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants prepared by the Property Management Section of the Department of Public Works. d. An open-to-the-air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment;biofiltration swales;wet ponds; extended detention ponds; and created wetlands. Alternatives and experimental treatment facilities will be evaluated on a case-by-case basis by the Department of Public Works. (1) The stonmwater treatment system shall be within the approved retention/detention facility tract. (2) Easements for biofiitration swales across private lots will not be acceptable to meet this requirement. 13 Staff Report Allenbach IV #SU-96-31 e. A Detailed Grading Plan for the entire subdivision which includes provisions for utilities, roadways, retention/detention ponds, stormwater treatment facilities, and a building footpad for each lot. These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits:phasing of grading on a lot-by-lot basis is not recommended. f. A Temporary Erosion/Sedimentation Plan for the entire subdivision which reflects the Detailed Grading Plan discussed above, and an approved Tree Plan.. g. The owner/subdivider shall improve 144th Avenue Southeast. These off-site street improvements shall continue the improvements made by the developer for Nancy's Grove Subdivision and shall extend to the southern boundary of the Horizon Elementary School. Refer to the DNS for ENV-97-28 for additional information and street improvement requirements. DNS condition 2.b is clarified to also allow the developer to pay a proportionate share of the cost of constructing the left turn lane in lieu of constructing same. h. The owner/subdivider shall complete the improvements to Southeast 278th Street, from 146th Place Southeast to the easterly subdivision boundary of this development and said improvements shall meet the requirements of the City of Kent Construction Standards. i. The owner/subdivider shall fully improve 147th Place Southeast, Southeast 278th Place,and 145th Place Southeast to the requirements of the City of Kent Construction Standards. 2. A Detailed Tree Plan shall be submitted to the Planning Department for review and approval. Grading Plans can not be approved without an approved Detailed Tree Plan. 3. The Owner/Subdivider shall dedicate all necessary public right-of--way and tracts for the improvements listed in Sections A & B and provide all public and private easements necessary for the construction, operation and maintenance of the required improvements identified in Sections A & B, above. 14 Staff Report Allenbach IV #SU-96-31 4. Dedicate five percent (5%) of the total plat area being developed as open space park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975. C. PRIOR TO THE ISSUANCE OF ANY DEVELOPMENT PERMITS ON ANY LOT IN THE ALLENBACH IV SUBDIVISION (SU 97-31). THE OWNER/SUBDIVIDER SHALL: 1. Construct all of the improvements noted in Sections A & B, above. 2. The"Owner/Subdivider shall receive approval for Detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the Citv Construction Standards from the Department of Public Works. 3. The Department of Public Works must approve As-Built Drainage Plans for the entire site prepared by a professional land surveyor licensed in the State of Washington in conformance to the requirements of Appendix "E" of the City of Kent Construction Standards prior to release of any construction bonds. 4. The owner/ subdivider shall submit a Detailed 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 structures. This plan must be approved by the Kent Planning AND Public Works Departments prior to approval and construction of the final roadway design and prior to the issuance of a development permit or any grade and fill permit for any lot. No trees of six inch caliper or greater shall be removed from any lot except through a tree plan approved by the Kent Planning Department. KENT PLANNING DEPARTMENT October 20, 1997 ch:su9631.rpt 15 City of Kent- Planning Department �\ Ca � o Q p �vQ 12 ,w7 a o 0 I , \`C b APPLICATION NAME: Allenbach IV NUMBER: #SU-96-31 DATE: November 5, 1997 REQUEST: Preliminary Plat A Application site Zoning/Topography -- Zoning boundary City limits City of Kent- Planning Department sa �1 I � N 4r j .iNl < o ¢lo be 27[ S 270 PL 270 271 PL s tt a SS 272 ST R S SE 273 C 7t 274 7T x R _ > Sf 2 t x..xlr___ — ` i e� c` ,_x.37!L_.,Z s rb[r. � Cc o cc x 2 N S�,L19 S x 276 C E 7 SE is n a ^` SE 275 PL 'SE 276 SE 276 ST `a w x ^ 1 IF 276 rI 276 PL SE n 'ri p SE 276 IL PRIV. m � J t$6 IL N „ = N ur _ SE 277 PL SE 278 ST pRIV. SE_2_7_9 PL MY. m PRIV. SE 280 ST 7 ra H r N 67 PRty. SE 282 PL �20 5�282 PRIY. PRIV SE 283 ST SE 284 ST 0 PRIV. r� APPLICATION NAME: Allenbach IV NUMBER: #SU-96-31 DATE: November 5, 1997 IZ8QUEST: Preliminary Plat LEGEND A Application site N Vicinity Map Railroad tracks City limits city of Kent - Planning Department ---_-- \ > ..ru.�\ \ ru r r �ruy.v.. �+n""'\ \^'C• Tua I M111I.Y iWYi A 9' v&h $&W*t APPLICATION NAME: Allenbach IV NUMBER: #SU-96-31 DATE: November 5, 1997 REQUEST: Preliminary Plat LEGEND Application site A.A. Site Plan CITY OF UK AM Jim White, Mayor Planning Department (253) 859-3390/FAX(253) 850-2544 James P. Harris, Planning Director OFFICE OF THE LAND USE HEARING EXAMINER (253) 859-3390 Theodore P. Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: ALLENBACH IV 4SU-96-31 APPLICANT: Baseline Engineering, Inc. REQUEST: A request to subdivide approximately 4.03 acres into 19 single-family residential lots. LOCATION: The property is located between SE 277th and SE 278th at 145th Place SE. APPLICATION FILED: August 29, 1997 DETERMINATION OF NONSIGNIFICANCE ISSUED: June 6. 1997 MEETING DATE: November 5. 1997 Held open until November 14, 1997 RECOMMENDATION ISSUED: December 1. 1997 RECOMMENDATION: APPROVED with conditions STAFF REPRESENTATIVE: Sarah Bradley, Planning Department Frank Spanjer, Public Works Department PUBLIC TESTIMONY: Terry Ferguson for applicant Other William Haney Thomas Schunzel Cathy Schunzel WRITTEN TESTIMONY: None 1 ^0Jih V%ICX11i l(H TH TELF}'HOVI[ Hearing Examiner Findings and Recommendation Allenbach IV #SU-96-31 EXHIBITS: 1. Hearing Examiner file containing copy of Determination of Nonsignificance, public notice and staff report. 2. Chicago Title Insurance report 3. Letter from Mr. Ferguson RE: Relinquishment of Easement. INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. SUMMARY OF PROCEDURE An application for approval of a preliminary plat to subdivide about 4.03 acres into 19 single family lots was filed on August 29, 1997. A public hearing was held on November 5, 1997, in the City of Kent Council Chambers. All present were given an opportunity to testify and present evidence. The record was held open until November 14, 1997 to allow an opportunity for the applicant and a neighbor to clarify the existence and impact of an access easement that may affect the subdivision. The applicant did provide a letter describing the access easement and the relinquishment of it in an agreement with the neighbor. FINDINGS 1. The owner of the property proposed for subdivision is 4A Development, Seattle, Washington, and the applicant is Richard Moose, P.E., Baseline Engineering, of Tacoma, Washington. Exhibit 1, Application; Exhibit 1, Staff Report. 2. The property proposed for subdivision is located between SE 278th and the approximate location of SE 277th at 145th Place SE and 148th Way SE, separated by a developed one acre single family lot, unrelated to the instant application. Exhibit 1, Staff Report; Exhibit 1, Application; Testimony of Ms. Bradley. 3. The property is 4.03 acres. The applicant proposes 19 single family lots with the smallest lot size of 5,700 square feet. The applicant submitted a site plan dated February 20, 1997, that shows all lots in conformance with minimum lot size requirements. The net density is approximately 6.05 units per acre when calculated in accordance with city codes. Exhibit 1, Staff Report; Exhibit 1, Site Plan. 7 Hearing Examiner Findings and Recommendation Allenbach IV #SU-96-31 4. The subject property was annexed to the City of Kent as part of the Kent East Hill Annexation on January 1, 1996 (Ordinance 3255). The property is zoned SR-6. The Comprehensive Plan Land Use Map designates the property as SF, Single Family Residential, with six dwelling units per acre. Exhibit 1, Staff Report. 5. Single family development surrounds the property on the north, west and east sides. Approximately 65 new single family residences are proposed to the south of the property, Nancy's Grove II. Exhibit 1, Staff Report. 6. A wetland of less than 3,500 square feet exits within the proposed right of way for 278th Street. Approximately 1,700 square feet of the wetland lies on the subject property. The other half lies to the south in the approved preliminary plat of Nancy's Grove II. Exhibit 1, Environmental Checklist. The wetland was not identified during the preliminary plat process for Nancy's Grove II. Exhibit 1, MDNS. 7. There are significant trees of six inches or greater caliper located on the subject property. Exhibit 1, Staff Report. 8. Recreational opportunities in the area include Lake Meridian, located approximately one mile to the north; Lake Meridian Park; and Meridian Valley Golf Course, approximately '? miles to the northwest. Exhibit 1, Environmental Checklist. 9. Electricity and natural gas will be provided by Puget Sound Energy. Water will be provided by Water District 9111. Garbage and recycling service will be provided by Meridian Valley Refuse Service. Telephone service will be provided by US West. Sanitary sewer will be provided by the Soos Creek Sewer District. Exhibit 1, Environmental Checklist; Exhibit 1, Staff Report. 10. The proposed subdivision will have incremental - but cumulatively significant - impacts on water quality; storm water detention and conveyance facilities; utility transmission facilities; sanitary sewer systems, and domestic water systems. Exhibit 1, Staff Report, Exhibit 1, Public Works Conditions. 11. Access to the proposed subdivision will be from SE 278th Street, which is classified as a Residential Collector Arterial. The street will have a public right-of-way of 56 feet with an actual paving width of 36 feet. The street is currently unimproved. The average daily traffic count on 144th Avenue SE at SE 275th Street is approximately 3,500 vehicle trips per day. The proposed subdivision will add an estimated 190 daily and 19 PM peak hour trips to the area. The proposed subdivision will impact regional and local transportation systems including additional traffic congestion at 144th Avenue Southeast at Southeast 272nd Street; Hearing Examiner Findings and Recommendation Allenbach IV #SU-96-31 132nd Avenue Southeast at Southeast 272nd Street/Kent-Kangley Road and 116th Avenue SE at Kent-Kangley Road. Exhibit 1, Staff Report; Exhibit 1, Public Works Data Sheet; Exhibit 1, Public Works Conditions. 12. The City was designated the lead agency for review of environmental impacts of the proposal. A Mitigated Determination of Nonsignificance (MDNS) was issued on June 6, 1997. The MDNS became final on June 21, 1997. No appeals were filed. Conditions were included to mitigate impacts related to increased traffic, stormwater runoff, temporary erosion from grading, and development impacts on wetland areas. Exhibit 1, MDNS. 13. Public notice of this application was given by posting, publication and mailing. Exhibit 1, Affidavit of Notice. The City and the applicant appeared at the public hearing and recommended approval. The applicant's representative testified that he agrees to comply with all the conditions of approval. Testimony ofLlr. Ferguson. A resident in the vicinity appeared at the hearing and inquired into whether 278th will continue through to 144th Avenue SE. The applicant's representative replied that 278th will continue through to 144th Avenue SE. Testimony of Mr. Ferguson. The residents residing on the single family residence dividing the subject property testified that they have a 60 foot easement for access. Testimony of Mr. Shunzel; Testimony of Ms. Shunzel. The applicant's representative agreed to pursue a private agreement with this neighbor regarding the easement.' CONCLUSIONS Jurisdiction & Notice 1. The Hearing Examiner has jurisdiction to hold a public hearing on this application; to consider all evidence presented at the public hearing; and,based on that evidence, to present a recommendation to the City Council to approve,disapprove or approve with conditions the preliminary plat application. KCC 12.04.360, KCC 2.32.090. 2. Notice of the public hearing on this application was properly given in accordance with applicable state statutes and city ordinances including Chapter 58.17 RCW and KCC 12.04.360. Finding of Fact No. 13. Criteria for Decision 1. The recommendation of the Hearing Examiner must be supported by the evidence presented, as stated in the Findings of Fact of this recommendation, and must be consistent with the 'An agreement was reached regarding relinquishment of the utility easement. See, Exhibit 3, Letter Regarding Easement & Agreement 4 Hearing Examiner Findings and Recommendation Allenbach IV #SU-96-31 standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW). These review criteria include: (a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations is to "provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be ensured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; and that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plans shall be ensured." (b) KCC 12.04.330 which specifies eight requirements that must be shown on the preliminary plat map including appropriate names and dates, proposed platted property lines,contours and elevations,proposed public service areas, square footage calculations for developed and open space, dimensions of each lot, statements of soil type and drainage conditions, a description of existing land cover, and a description of wildlife present. (c) KCC 12.04.370 which requires a written statement from the Seattle-King County health department as to the general adequacy of the proposed means of sewage disposal and water supply. (d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental amenities so that urban development may be as compatible as possible with the ecological balance of the area including preservation of drainage patterns, protection of ground water supply, prevention of erosion and preservation of trees and natural vegetation. (e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper drainage plan and a proper water distribution system. (f) KCC 12.04.450 which requires due consideration to the allocation of public service usage areas and due regard for all natural features including large trees, water courses, historical spots and other community assets that would add attractiveness and value to the property. 5 Hearing Examiner Findings and Recommendation Allenbach IV 4SU-96-31 (g) KCC 12.04.490 which provides for mitigation of any adverse effects of development upon the existing park and recreational facilities in the City of Kent. (h) RCW 58.17.110 which requires an inquiry into the public use and interest proposed to be served by the subdivision and a determination "that appropriate provisions are made for public health,safety and general welfare and for such open spaces,drainage ways, streets or roads,alleys, other public ways,transit stops,potable water supplies. sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school." Conclusion Based on Findings 1. Based on the Findings of Fact specified above, and with the specific conditions recommended below, the Examiner concludes that this preliminary plat application is consistent with the standards and criteria of applicable state statutes and city ordinances and should be approved. Findings of Fact No.3, 4, 5, 6, 8, 9, 11, 12 & 13. 2. Conditions of approval are necessary to address impacts related to stormwater drainage and treatment; impacts on downstream water quality and quantity; impacts on adjacent development; impacts from temporary erosion and increased potential for sediment in streams; and traffic impacts. Findings of Fact No.6, 10, 11 & 12. RECOMMENDATION The Hearing Examiner recommends that this preliminary plat application be APPROVED subject to the following conditions: A. GENERAL CONDITIONS OF APPROVAL: 1. The Owner/Subdivider shall implement all mitigation measures required by the Determination of Non-Significance for SEPA checklist ENV-97-28 for the ALLENBACH IV SUBDIVISION. 2. Preliminary Drainage Plans submitted with this application need to address infiltration feasibility as well as sizing of the detention!]/retention facilities and tract(s) as specified by condition 7 in the DNS for ENV-97-28. If infiltration is not feasible, then appropriate documentation shall be provided which justifies this conclusion. This information is also needed for the design of building downspout infiltration systems. 6 Hearing Examiner Findings and Recommendation Allenbach IV #SU-96-31 B. PRIOR TO RECORDING THE SUBDIVISION: 1. The Owner/Subdivider shall receive approval for engineering drawings from the Department of Public Works, and either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. Sanitary Sewer service to the subject property will be provided by the Soos Creek Water and Sewer District. Contact that District for details on necessary improvements. b. A water system meeting domestic and fire flow requirements for all lots. Water service to the subject property will be provided by Water District 9111. Contact the district for details on necessary improvements. C. Detailed Drainage Plans which show how the 100-year post-developed stormwater runoff from this development will be collected, conveyed, stored, treated and released to the City stormwater drainage system in compliance to the Kent Construction Standards. (1) The Owner/Subdivider shall construct an on-site detention/ retention pond system in accordance with the Kent Construction Standards to mitigate for potential impacts to stormwater runoff quantity. The minimum detention storage volume will be that volume required to detain the 100-year, 24-hour design storm while releasing at rate no greater than 70 percent of the pre-developed 2-year, 24-hour design storm (the release criteria established in the Soos Creek Basin Plan for discharges to Soosette Creek.) The pre-development condition shall be assumed to be forest/grass only unless otherwise determined by the Director. (2) An infiltration pond retention system is the preferred alternative for mitigation of stormwater impacts and this alternative shall be required unless proven unfeasible by the Owner/Subdivider's design engineer in the submittal for the Detailed Drainage Plan. (3) Roof downspouts for each house and garage shall be directed to Roof Downspout Infiltration Trenches meeting the requirements of the Department of Public works including overflow pipes connected to an approved conveyance system. The Detailed Drainage Plans will include an approved detail for the Roof Downspout Infiltration Trenches, and will provide private stormwater stubouts to each lot for 7 Hearing Examiner Findings and Recommendation Allenbach IV #SU-96-31 future connection to the Roof Downspout Infiltration Trenches. The face of the final plat/short plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS. (4) The required downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the point of discharge from the site downstream a distance of at least one quarter mile or to the point where stormwater discharges to the maintained portion of the City of Kent stormwater drainage system, whichever is further. (a) This downstream analysis will clearly identify the existing and future capacity of each link in the drainage system for the appropriate downstream reach if a 100 percent infiltration retention facility is not used. (b) Should downstream capacity be insufficient to convey the 25- year, 24-hour peak flow rate, the Owner/Subdivider shall either provide necessary off-site improvements to convey the 25-year, 24-hour design peak flow (and easements where necessary), OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded. (c) In addition, the Owner/Subdivider's design engineer shall identify all downstream reaches which cannot convey the 100-year, 24-hour design storm without overtopping or pressure flows. (d) Similarly, should an erosion problem be exacerbated by the proposed release conditions, then the Owner/Subdivider will have to further restrict the release of stormwater from this development, or to provide suitable off-site mitigation. (5) The Owner/Subdivider shall submit a Landscape Plan for within and surrounding the retention/detention facility (if a pond, only) to the 8 Hearing Examiner Findings and Recommendation Allenbach IV #SU-96-31 Kent Planning Department and the Department of Public Works for review and approval prior to, or in conjunction with, the approval of the Detailed Drainage Plans. (6) The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants prepared by the Property Management Section of the Department of Public Works. d. An open-to-the-air stormwater treatment system in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment; biofiltration swales; wet ponds; extended detention ponds; and created wetlands. Alternatives and experimental treatment facilities will be evaluated on a case- by-case basis by the Department of Public Works. (1) The stormwater treatment system shall be within the approved retention/detention facility tract. (2) Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. e. A Detailed Grading Plan for the entire subdivision which includes provisions for utilities, roadways, retention/detention ponds, stormwater treatment facilities, and a building footpad for each lot. These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits: phasing of grading on a lot-by-lot basis is not recommended. f. A Temporary Erosion/Sedimentation Plan for the entire subdivision which reflects the Detailed Grading Plan discussed above, and an approved Tree Plan.. g. The owner/subdivider shall improve 144th Avenue Southeast. These off-site street improvements shall continue the improvements made by the developer for Nancy's Grove Subdivision and shall extend to the southern boundary of the Horizon Elementary School. Refer to the DNS for ENV-97-28 for additional information and street improvement requirements. DNS condition 2.b is clarified to also allow the developer to pay a proportionate share of the cost of constructing the left turn lane in lieu of constructing same. 9 Hearing Examiner Findings and Recommendation Allenbach IV #SU-96-31 h. The owner/subdivider shall complete the improvements to Southeast 278th Street, from 146th Place Southeast to the easterly subdivision boundary of this development and said improvements shall meet the requirements of the City of Kent Construction Standards. i. The owner/subdivider shall fully improve 147th Place Southeast, Southeast 278th Place, and 145th Place Southeast to the requirements of the City of Kent Construction Standards. 2. A Detailed Tree Plan shall be submitted to the Planning Department for review and approval. Grading Plans can not be approved without an approved Detailed Tree Plan. 3. The Owner/Subdivider shall dedicate all necessary public right-of--way and tracts for the improvements listed in Sections A & B and provide all public and private easements necessary for the construction, operation and maintenance of the required improvements identified in Sections A & B. above. 4. Dedicate five percent (5%) of the total plat area being developed as open space park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975. C. PRIOR TO THE ISSUANCE OF ANY DEVELOPMENT PERMITS ON ANY LOT IN THE ALLENBACH IV SUBDIVISION (SU 97-311 THE OWNER/SUBDIVIDER SHALL: 1. Construct all of the improvements noted in Sections A & B. above. 2. The Owner/Subdivider shall receive approval for Detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the City Construction Standards from the Department of Public Works. 3. The Department of Public Works must approve As-Built Drainage Plans for the entire site prepared by a professional land surveyor licensed in the State of Washington in conformance to the requirements of Appendix "E" of the City of Kent Construction Standards prior to release of any construction bonds. 4. The owner/subdivider shall submit a Detailed 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 structures. This plan must be approved by the Kent Planning AND Public Works Departments prior to approval and construction of the final roadway design and prior to the issuance of a 10 Hearing Examiner Findings and Recommendation Allenbach IV #SU-96-31 development permit or any grade and fill permit for any lot. No trees of six inch caliper or greater shall be removed from any lot except through a tree plan approved by the Kent Planning Department. Dated this 1 st day of December, 1997. wa�4 PwA 4AM&., THEODORE PAUL HUNTER Hearing Examiner 11 Kent City Council Meeting Date February 17, 1998 Category Other Business 1. SUBJECT: PACIFIC HEIGHTS PRELIMINARY PLAT SU-96-22 2 . SUMMARY STATEMENT: This date has been set to consider the Hearing Examiner's recommendation for conditional approval of an application by Joe Singh for a 13-lot single-family residential preliminary subdivision. The property is located at the southeast corner of SE 253rd Street and 121st Place SE. 3 . EXHIBITS: Staff report, preliminary plat p, and Findings & Recommendations of the Hearing Examiner 4 . RECOMMENDED BY: Hearing xaminer (Committee, Staff, Examiner, Co ssion, etc. ) 5. UNBUDGETED FISCAL PERSONNEL PACT: NO X YES i 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: Z 7 . CITY COUNCIL AC�T>�ION: f Councilmember �x a�`- moves, Councilmember �N r4�9 seconds to accept/.«-_, a; f.�� �_�*- the Findings of the Hearing Examiner - ,--�- and to adopt/ t the Hearing Examiner' s recommenda- tion of approval with fifteen (15) conditions of the 13-lot single-family residential preliminary subdivision No. SU-96-22 . DISCUSSION: ACTION: �n Council Agenda Item No. 4B CITY 0FZ11 �S Jim White, Mayor .rrT�-may Planning Department (253) 859-3390/F.4 r(253) 850-2544 James P. Harris, Planning Director CITY OF KENT KENT PLANNING DEPARTMENT (253) 859-3390 REVISED STAFF REPORT FOR HEARING EXAMINER MEETING OF NOVEMBER 5, 1997 FILE NO: PACIFIC HEIGHTS 9SU-96-22 APPLICANT: Joe Singh PO Box C-96005 Bellevue, WA 98009 REQUEST: A request to subdivide approximately 2.5 acres into 13 single family residential lots. STAFF REPRESENTATIVE: Sarah Bradley, Planner STAFF RECOMMENDATION: APPROVAL with conditions 1. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to subdivide one existing tax parcel into 13 single family residential lots. Construction of a residential road to City of Kent standards will be required to serve this plat. Approval of this application will produce 13 building lots. B. Location The subject property is located at 122XX SE 253rd Street. 1 -U ah AVEVI E it)CTH GENT.W 15H1AOT0.%"SU}_-� 94: 'FIA PHUN1: '53' REVISED Staff Report Pacific Heights #tSU-96-22 C. Size of Property The subdivision proposal is approximately 2.5 acres in size. D. Zonin2 The subject property is zoned SR-6, Single Family Residential with a 6.05 units per acre maximum density. E. Land Use A barn currently exists in the southeast corner of the site. The parcel is surrounded by single family development. The City of Kent Comprehensive Plan Land Use Map designates the site as SF-6, Single Family, 6 dwelling units per acre. F. History The subject property was annexed to the City of Kent as part of the approximately 640 acre Kent East Hill Annexation on January 1, 1996 (Ordinance 3255). The area was zoned SR-6 at the time of its annexation to the City of Kent. A Tentative Plat meeting was held on July 22, 1996 to discuss issues regarding this plat (#TSU-96-22). At this meeting the applicant was given proposed preliminary conditions of approval for this plat. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A Determination of Nonsignificance (DNS) (#ENV-97-58) for the proposed preliminary plat has not been issued at the time of writing this staff report. REVISED Staff Report Pacific Heights #SU-96-22 B. Sienificant Phvsical Features Topography and Vegetation The site generally slopes (5%) from north to southwest and southeast. The site currently exists in a pasture-like condition, with scattered alders at the northwest part of the site. C. Significant Social Features 1. Street Svstem The subject property has access to SE 253rd Street, which will be widened as a condition of this plat. and is classified as a Residential Street. The existing portion of this street has a public right-of-way width of 50 feet. A widening strip will be required to be deeded to the City. New left turn lanes will not be required. The average daily traffic count on the street is approximately 18 vehicle trips per day. 2. Water Svstem An existing 8 inch water main line is available to serve the subject property. 3. Sanitary Sewer Svstem An existing 8 inch sanitary sewer is available to serve the subject property. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Chief of Staff City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Building Official City Clerk Kent School District REVISED Staff Report Pacific Heights #SU-96-22 King County Parks, Planning & Resource Department US West Communications Puget Sound Power and Light Seattle-King County Health Department Washington Natural Gas Washington Department of Transportation Postmaster In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. IV. PLANNING DEPARTMENT REVIEW A. COMPREHENSIVE PLAN In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which represented a complete revision to the City's 1977 comprehensive plan. The 1995 plan was prepared under the provisions of the Washington State Growth Management Act. The Comprehensive Plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies. The plan is used by the Mayor, City Council, Land Use and Planning Hearings Board, Hearing Examiner, and City departments to guide decisions on amendments to the City's zoning code and other development regulations, which must be consistent with the plan, and also guide decisions regarding the funding and location of capital improvement projects. The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area. Upon reviewing the development plary subdivision map for Pacific Heights, incremental but cumulatively significant, additional impacts to the regional and local transportation systems are demonstrated, in part. as additional traffic congestion at the following intersections: 4 REVISED Staff Report Pacific Heights #SU-96-22 Southeast 248th Street and 116th Avenue Southeast Southeast 256th Street and 116th Avenue Southeast Kent-Kangley Road and l 16th Avenue Southeast Additional incremental, but cumulatively significant, impacts will be created to water quality, storm water detention and conveyance facilities, utility transmission facilities, sanitary sewerage and domestic water conveyance systems. Compliance with the City of Kent's 'Public Works Ordinance' and the State of Washington's Growth Management Act will require concurrent improvement or the execution of binding agreements by the Owner/Subdivider with the City of Kent, for participation in future improvement projects of roadway, intersection and intersection signalization, storm water detention, treatment, and conveyance, utility, sanitary sewerage, and domestic water systems. KENT COMPREHENSIVE PLAN The City of Kent Comprehensive Plan is made up of eleven elements which contain written goals and policies as well as a land use map. The Kent Comprehensive Plan Land Use Map designates the project site as SF 6, Single Family Residential, with a six units per acre maximum density. LAND USE ELEMENT The land use element outlines the proposed general distribution and location of various uses of land within the planning area. The land use element is designed to guide where and when development happens, as well as the character of Kent's development pattern. Goal LU-1: Designate an urban growth area and Potential Annexation Area which will define the City's planning area and projected city limits for the next 20 years. Policy LU-l.l: Provide enough land in the City's urban growth area to accommodate the level of household growth projected to occur in the next 20 years. REVISED Staff Report Pacific Heights #SU-96-22 Goal LU-8: The City of Kent adopts a 20 year housing target of 7,500 new dwelling units within the existing city limits. Coordinate with King County through an interlocal agreement on housing targets in the unincorporated area within Kent's Potential Annexation Area. Policv LU-8.1: Provide in the land use plan adequate land and densities to accommodate both city and county targets within the Potential Annexation Area. Average net residential densities throughout the Potential Annexation Area should be at least four units per acre in order to adequately support urban services. Planning Department Comment: This proposed subdivision supports several of the goals and policies in the land use element. The development of vacant properties inside the urban growth boundary prevents further urban sprawl in rural areas. In addition, infill development provides a much more efficient means of providing services and enhancing pedestrian opportunities. The net density of this project is approximately 6.05 units per acre. HOUSING ELEMENT OVERALL GOAL: ENSURE OPPORTUNITIES FOR AFFORDABLE HOUSING AND AN APPROPRIATE LIVING ENVIRONMENT FOR KENT CITIZENS. Goal H-1: Promote healthy neighborhoods by providing a wide range of housing ions throughout the community that are accessible to community and human services, employment opportunities, and transportation. and by being sensitive to the environmental impacts of development. Policv H-1.2: Guide new residential development into areas where community and human services and facilities are available, and in a manner which is compatible with the land use element. Policv H-1.7: Continue to utilize regulatory measures to control impacts of residential development on the environment and on water quality. Review these regulations periodically to assess their 6 REVISED Staff Report Pacific Heights #SU-96-22 overall effectiveness and their impact on housing cost and supply. Planning Department Comment This proposed subdivision supports relevant goals and policies of the housing element. The proposed location is easily and well served by existing human services and facilities. The potential impacts of this project have been reviewed under the State Environmental Policy Act, and its impacts have been mitigated for through a conditional Determination of Nonsignificance. These impacts include, but are not limited to, water quality and traffic. The provision for on site stormwater management and a separate sensitive areas tract will protect the water quality in the area. As mentioned elsewhere in this report, the proposed development is consistent with the land use element including the Land Use Plan Map. TRANSPORTATION ELEMENT OVERALL GOAL PROVIDE FOR A BALANCED MULTIMODAL TRANSPORTATION SYSTEM WHICH WILL SUPPORT LAND USE PATTERNS AND ADEQUATELY SERVE EXISTING AND FUTURE RESIDENTIAL AND EMPLOYMENT GROWTH WITHIN THE POTENTIAL ANNEXATION AREA. Goal TR-1: Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policv TR-1.2: Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways. Policv TR-1.3: Fund development of the roads necessary for a complete arterial system serving all travel needs in the planning area (inside and outside the City) through fair share payments by new residential, commercial, and industrial development. 7 REVISED Staff Report Pacific Heights #iSU-96-22 Planning Department Comment: Under the Growth Management Act, the City must be able to provide the necessary infrastructure to support new development at the time it is completed. There are existing sewer and water facilities available to serve the site, and the applicant will be required to build a residential street to provide access. This will be a dedicated public right of way which is integrated into the existing City road network. The City currently has several future corridor projects which are designed to provide better access between Kent's east hill, valley floor, and west hill areas. In addition. these corridors will help slow additional congestion on existing east-west arterials. ECONOMIC DEVELOPMENT ELEMENT Goal ED-2: Maintain a strong policy toward balanced community development. Policv ED-2.1: Encourage home ownership to foster stakeholders in the community. Policv ED-2.3: Encourage new housing development to locate closer to existing public services. Planning Department Comment The proposed preliminary plat will provide thirteen additional single family home ownership opportunities in the City of Kent. This can help foster a sense of community as well as increase neighborhood stability. Locating new development near existing community services drastically reduces the amount of money necessary to provide those services, and therefore funds can be directed towards other projects. B. STANDARDS FOR GRANTING A SUBDIVISION The purpose of the City of Kent Subdivision Code is to provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, insuring that the highest feasible quality in subdivision will be attained; that the public health. safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that proper provisions for all public facilities 8 REVISED Staff Report Pacific Heights #SU-96-22 (including circulation,utilities,and services)shall be made; that maximum advantage of site characteristics shall be taken into consideration; that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be insured. Planning Department Comment The proposed plat is in general conformance with the regulations of the Subdivision Code. The Subdivision Code calls for right-of-way widths for cut-de-sacs to be 50 feet and the proposal is in compliance with this requirement. All proposed sewers. water mains, and other utilities will comply with applicable City requirements. The minimum lot size allowed for this subdivision is 5,700 square feet, and all proposed lots meet or exceed this standard. The average size of the proposed lots is 5.787 square feet. C. FEASIBILITY OF DEVELOPMENT ON PROPOSED LOTS Development on all lots in the proposed subdivision will be subject to Zoning Code requirements for development in the SR 6, Single Family Residential zoning district. Planning Department Comment All proposed lots meet minimum lot size and width requirements. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must front upon a public street or road. The size, shape, and orientation of lot shall meet the minimum area and width requirements of the SR district and shall be appropriate for the development of single family residences. Corner lots may be required to be platted with additional width to allow for the additional side yard requirements. D. PROPOSED FINDINGS The Planning Department has reviewed this application in relation to the Comprehensive Plan, proposed zoning, land use, street system, flood control problems and comments from other departments and finds that: 1. The Kent Comprehensive Plan Land Use Map designates the site SF-6. Single Family Residential, six units per acre maximum density. 9 REVISED Staff Report Pacific Heights #SU-96-22 The site is currently zoned SR-6, Single Family Residential with a 5,700 square foot minimum lot size. This project will be subject to the development standards of the SR-6 zoning district. ;. Land uses in the immediate area are predominantly single family residential. 4. A Tentative Plat meeting was held for the proposed subdivision on July 22. 1996 (4TSU-96-22). 5. A Mitigated Determination of Nonsignificance has been issued as of the writing of this report. 6. There are significant trees of six inch or greater caliper located on-the property. 7. The site has access to SE 253 Street which will be extended as a condition of this plat. 8. The subject property would receive sewer service from the City of Kent. 9. The subject property would receive water service from the City of Kent. 10. The City has received and reviewed a conceptual drainage plan for off-site stormwater detention, and it appears that the detention volume requirement can be met using an off-site facility V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary subdivision, staff recommends APPROVAL of the proposed Pacific Heights subdivision with the following conditions: A. GENERAL CONDITIONS OF APPROVAL: 1. The owner/ subdivider shall implement all mitigation measures required by the Determination of Nonsignificance for SEPA checklist#ENV-97-58 for the Pacific Heights Subdivision. 10 REVISED Staff Report Pacific Heights #SU-96-22 B. PRIOR TO RECORDING THIS SUBDIVISION: 1. The Owner/Subdivider shall receive approval for engineering drawings from the Department of Public Works, construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The public sewer system shall be extended across the north frontage of this subdivision, and shall be sized to serve all off-site properties within the same service area. b. A water system meeting domestic and fire flow requirements for all lots. The public water system shall be extended across the north frontage of this subdivision. C. A drainage system meeting Kent standards. A Detailed Drainage Plan shall be submitted which shows how the 100-year post- developed stormwater runoff from this development will be collected, conveyed, stored, treated and released to the City stormwater drainage system in compliance with the Kent Construction Standards. This plan shall include the an site water quality treatment steer the Meadow ililis 4rfti facilities for the proposed plat as an off- site water quality treatment system for the Meadow Hills drainage if the off-site detention system is constructed. (1) The Owner/Subdivider shall construct an on-site or off-site detention/retention pond system in accordance with the Kent Construction Standards to mitigate for potential impacts to stormwater runoff quantity. The minimum detention storage volume will be that volume required to detain the 100-year, 24-hour design storm while releasing at a rate no greater than 70 percent of the pre-developed 2-year, 24 hour design storm (the release criteria established in the Soos Creek Basin Plan for discharges to Soosette Creek). The pre-development condition shall be assumed to be grass only unless otherwise determined by the Director. Pond side slopes shall be minimized, preferably less than 5H:IV. 11 REVISED Staff Report Pacific Heights #SU-96-22 (2) Roof downspouts for each house and garage shall be directed to Roof Downspout Infiltration Trenches meeting the requirements of the Department of Public works including overflow pipes connected to an approved conveyance system. The Detailed Drainage Plans will include an approved detail for the Roof Downspout Infiltration Trenches, and will provide private stormwater stubouts to each lot for future connection to the Roof Downspout Infiltration Trenches. The face of the final plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMI WATER PLANS. Q) The required downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the point of discharge from the site downstream a distance of at least one quarter mile, or to the point where stormwater discharges to the east side of 124th Avenue Southeast, whichever is further. (a) This downstream analysis will clearly identify the existing and future capacity of each link in the drainage system for the appropriate downstream reach. (b) Should downstream capacity be insufficient to convey the 25-year peak flow rate, the Owner"Subdivider shall either provide necessary off-site improvements to convey the 100-year, 24-hour design peak flow (and easements where necessary), OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded. 12 REVISED Staff Report Pacific Heights #SU-96-22 (c) In addition, the Owner/Subdivider's design engineer shall identify all downstream reaches which cannot convey the 100-year, 24-hour design storm without overtopping or pressure flows. (d) Similarly, should an erosion problem be exacerbated by the proposed release conditions, then the Owner/Subdivider will have to further restrict the release of stormwater from this development, or to provide suitable off-site mitigation. (4) The Owner/Subdivider shall submit a Wetland Buffer Enhancement Plan for within and surrounding the off-site detention/retention facility to the Kent Planning Department and the Department of Public Works for review and approval in conjunction with the approval of the Detailed Drainage Plans. The proposed location of the off-site facility is within an existing wetland buffer: due to the degraded conditions of the buffer, it has high restoration potential. The approved plan shall be attached to the draft engineering plans prior to submittal for City review. The plan shall be prepared by a qualified wetlands biologist, or someone else who is qualified by reason of education, training and experience to prepare Wetland Mitigation and Planting Plans, and include the following components: (a) Upland and wetland plantings(as appropriate) that are large in size, diverse in type, and provide dense coverage. (b) Provisions for passive public use, i.e. park bench near the terminus of 121st Place SE. (c) Protection of all large trees in the project area, most notably the conifer grove. Large trees within the footprint of the approved detention pond/constructed wetland footprint shall be salvaged for replanting (plant salvaging of smaller, native trees and shrubs may also be desirable). 13 REVISED Staff Report Pacific Heights #SU-96-22 (d) A "grass-Crete", "grass-pave" or similar reinforced, naturally-paved access road to the existing sanitary manhole,as well as the outlet control structure for the constructed wetland/detention pond. (e) A level spreader device for sheet flow into the wetland. (f) Unique, educational signage (in addition to Kent's standard detention pond facility signage). (g) No net loss of wetland area and function. Any and all proposed impacts to existing wetlands shall be quantified, clearly shown on the plans, and mitigated for. (h) Wildlife-passable, aesthetically-pleasing, fencing to minimize intrusion within the new and existing off- site wetland/detention area (ex. split rail wood). (i) The Owner/Subdivider shall post an assignment of funds for the wetland buffer enhancement in the amount of 1.25 percent of the estimated cost for construction and materials. (5) The Owner/Subdivider shall execute Declaration of Stotmwater Facility Maintenance Covenants prepared by the Property Management Section of the Department of Public Works. (6) Open-to-the-air stormwater treatment system(s)in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment; biofiltration swales; wet ponds: extended detention ponds; and created wetlands. Alternatives and experimental treatment facilities will be evaluated on a case-by-case basis by the Department of Public Works. (a) The stormwater treatment system shall be within an approved drainage tract. (b) Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. 14 REVISED Staff Report Pacific Heights #SU-96-22 (c) The owner/subdivider shall also provide stormwater treatment for the paved surfaces of the Meadow Hills development. (7) A Detailed Grading Plan for the entire subdivision which includes provisions for utilities,roadways,retention/detention ponds, stormwater treatment facilities, and a building footpad for each lot. These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits: phasing of grading on a lot- bv-lot basis will not be considered. (S) A Temporary Erosion/Sedimentation Plan for the entire subdivision which reflects the Detailed Grading Plan discussed above. d. The approved wetland boundaries for the off-site tract shall be surveyed and marked with permanent monuments approved by the City. 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 boundary, the approved wetland buffers, and the areas of each are required. These maps will be attached to the copies of the approved Wetland Delineation Report the City will have on file. e. A Detailed Tree Plan shall be submitted to the Planning Department for review and approval. Grading Plans can not be approved without an approved Detailed Tree Plan. Southeast 253rd Street shall be improved to modified Residential Collector Street Standards and shall extend from its exisitine easterly terminus to the east boundary of the proposed subdivision. 15 REVISED Staff Report Pacific Heights #S U-96-22 (1) These Street Plans will include Street Lighting Plans, and provisions for a public stormwater drainage system, sanitary sewer, curbs& gutters, sidewalks, and pavement widths consistent with the requirements of the City of Kent Construction Standards for the classification of each roadway. (2) Southeast 253rd Street, a Residential Collector Street, shall mClude a minimum half-street width of 24 feet of paved public roadway, with the crown located 18 feet north of the curb and gutter and the five foot sidewalk constructed along the entire south side of Southeast 253rd Street, and will include an approved edge of pavement transition from the end of the existing public street. The unnamed plat street shall include a minimum paved surface width of 32 feet, curbs & gutters. and a 5 foot sidewalk around the entire plat street and cul-de-sac. ret-i4e ail _ C iatan4 _ _i_ 1 �Fhe mal r r 1986 4eiiars) and is based War' !� new trips efttering and J r approved 4n +e �iimi! per !at (tin area of thi�-4eyeieprnent. 16 REVISED Staff Report Pacific Heights #SU-96-22 PLOV'idiftg direet steeess to to mass transit areas, sidewalk for seh!�ol b agge pedestrians alone, the interseetiort C O L ftst 2 G 1 1A L A e Satitheast. 1• 43. The Owner/Subdivider shall dedicate all right-of-ways and tracts required by the Director for the public improvements required for this development, including sufficient right-of-way across the entire north frontage for the construction of Southeast 253rd Street. a Residential Collector Street, with a minimum half-street right-of-way width of at least 26.5 feet. 84. In addition to the right-of-way required above. the north of th- sufficient rl;ht-of-wayhall be provided from the property owner to the north of the subdivision (w/tract X), and across the entire subdivision frontage, to provide for a minimum of 24 feet of paved public roadway, curb and gutter and a five foot wide sidewalk. This right- of-way shall also provide enough area for a transition designed to a 25 MPH design speed to the existing improved portion of Southeast 253rd Street located to the west of this subdivision. C. PRIOR TO THE ISSUANCE OF ANY DEVELOPMENT PERMITS ON ANY LOT IN THE PACIFIC HEIGHTS SUBDIVISION (SU-96-22). THE OWNER/SUBDIVIDER SHALL: 1. Construct all of the improvements noted in Sections A & B above. 17 REVISED Staff Report Pacific Heights #SU-96-22 2. The Owner/Subdivider shall execute all agreements required in Sections A & B above. 3. Dedicate five percent (5%) of the total plat area being developed as open space park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975. 4. The Owner/Subdivider shall receive approval for Detailed Drainage Plans. Detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the City Construction Standards from the Department of Public Works. 5. The Department of Public Works must approve As-Built Drainage Plans for the entire site prepared by a professional land surveyor licensed in the State of Washington in conformance to the requirements of Appendix "E" of the City of Kent Construction Standards prior to release of any construction bonds. 6. The owner/subdivider shall submit a Detailed 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 structures. This plan must be approved by the Kent Planning AND Public Works Departments prior to approval and construction of the final roadway design and prior to the issuance of a development permit or any grade and fill permit for any lot. No trees of six inch caliper or greater shall be removed from any lot except through a tree plan approved by the Kent Planning Department. KENT PLANNING DEPARTMENT November 12, 1997 ch:su9622.rpt 18 city of Kent - Planning DepartmenL 5E K 1L J ry ^ H fL SE 2V7 PL SE 24.8 S � Jl SE 249 � + ¢ � yWj T � SC 350 Si J 5E 25L ST sc_SE 25 t a� sr SE 252 PL > SE 252 PL SE 252 5T r < ,I J 253 5� 53 � i st tv a SE � m u ry + N II N I SE 254 PL I a`+ Div Jr ._...._ ` ^ `, `^ SE sr 254 m N ' S 4 CN PL ¢ - ^ SE 2-5S y II^' SC SY S m N PL I _�-1 N I - SE �256 � � I E SE 258 _ S 258 S WO rF c c J T 1L t r� ni v 'n BE 55 2 ST . ` SE 1259 'L 'y9 , 5!2Se / - 1 'RfY._..— a ` 2S1 'L SE 251 51 0 13! 1 xYi rl i E 252 ST APPLICATION NAME: Pacific Heights NUMBER: -r-jr-SU-96-22 DATE: November 5, 1997 LEGEND REQUEST: Preliminary Plat AAMN ' cs? Applicaticn site Railrcad tracks Vicinity Map pity emits City of Kent - Planning Departmen. _ . csrar , sro-ate _ lb �!� M041 U/ i jg 3 r r O •Si)q b 1 0 __ 5/01 ylr I I i7 ;i�15 .arn 3 aJ• ! � r �It . ��\�^ . 1p b ^ftAc-, )0(141 i 30 -C_ Sa ,30 rEwEC Ga'E'••(K 3 _ � •gdE] wRE :c\CZ .v w •.q0 _Gn' RE. APPLICATION NAME: Pacific Heights NUMBER: -r'SU-96-22 DATE: November 5, 1997 REQUEST: Preliminary Plat LEGEND Application site Site Plan city of Kent - Planning Department 4\ ` '-' L5 Aj � 5�Ro. � j `'-- ID r • APPLICATION NAME: Pacific Heights NUMBER: SU-96-22 DATE: November 5, 1997 REQUEST: Preliminary Plat LEGEND k y Applicaticn site Zcning 'ocundary Zoning/Topography V;N limits CITY OF !V\�B� Jim White, Mayor W Planning Department (253) 8 5 9-3 3 9 01FAX(253) 850-2544 James P. Harris, Planning Director OFFICE OF THE LAND USE HEARING EXAMINER (253) 859-3390 Theodore P. Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: PACIFIC HEIGHTS #SU-96-22 APPLICANT: Joe Singh REQUEST: A request to subdivide approximately 2.5 acres into 13 single-family residential lots. LOCATION: The subject property is located at the southeast comer of SE 253rd Street and 121st Place SE. APPLICATION FILED: September 9, 1997 DETERMINATION OF NONSIGNIFICANCE ISSUED: November 17. 1997 MEETING DATE: November 19, 1997 continued December 17, 1997 RECOMMENDATION ISSUED: December 31, 1997 RECOMMENDATION: APPROVAL with conditions STAFF REPRESENTATIVE: Sarah Bradley, Planning Department Frank Spanjer, Public Works Department Gary Gill, Public Works Department PUBLIC TESTIMONY: Mel Daley, representing applicant Joe Singh, applicant Others Mary Matelich Anita Russell John Buetow 1 "n-ph v\ENCESOCTH ! KFNT. R:vSHLN(3TON'a81)" ��')� TFLEPHONF ('",xS')-;iuu Hearing Examiner Findings and Recommendation Pacific Heights #SU-96-22 EXHIBITS: 1. Hearing Examiner file containing application, staff report, Determination of Nonsignificance and public notice. 2. Letter dated November 19, 1997 from Mary Matelich 3. Public Works list of changed conditions for Pacific Heights. 4. Planning Department staff report with changed conditions. 5. Mitigated Determination of Nonsignificance issued on November 11, 1997. 6. A preliminary plat map showing the location of the well and the 100 foot radius requirement. 7. A letter dated May 16, 1996 from Joe Singh to Mary Matelich. 8. A letter dated December 2, 1997 from surrounding neighbors to Joe Singh. 9. Revised staff report dated December 17, 1997. INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. SUMMARY OF PROCEDURE An application for approval to subdivide approximately 2.5 acres into 13 single family lots was filed on September 8, 1997. A public hearing was held on November 5, 1997 in the City of Kent Council Chambers. All present were given an opportunity to testify and present evidence. The hearing was continued to December 17, 1997 to allow for the required environmental review to be completed and to allow the City staff to revise the recommended conditions of approval at their request based upon additional environmental review. The record is now closed and the Hearings Examiner is required to issue Findings and Conclusions within 10 days of the close of the record based on information provided to him. FINDINGS 1. The owners of the property proposed for subdivision are Carl and Mary Jones of Longbranch, Washington and the applicant is Joe Singh, Pacific Industries, Inc. of Bellevue, Washington. Exhibit 1, Application. The owner was represented at the public hearing by Mr. Joe Singh and Mr. Mel Daley of Pacific Industries, Inc. Testimony of Mr. Singh and Mr. Daley. Hearing Examiner Findings and Recommendation Pacific Heights #SU-96-22 2. The property proposed for subdivision is located to the east of the intersection of SE 253rd Street and 121st Place SE. Exhibit 1, Vicinity Map. 3. The property is approximately 2.5 acres in size. The applicant proposes thirteen single family lots with the smallest lot being 5,700 square feet in size. The applicant submitted a site plan dated August 8, 1997, that shows all lots in conformance with minimum lot size requirements. The proposed subdivision would result in 13 buildable lots. An existing barn located on the southeast corner of the site would be removed. Exhibit 1, Site Plan. The net density will be 6.05 dwelling units per acre. Exhibit 1, Staff Report & Site Plan. 4. The property is zoned SR-6 with a 5,700 square foot minimum lot size. The Comprehensive Plan Land Use Map designates the property as SF-6, Single Family Residential with six dwelling units per acre. Exhibit 1, Zoning Map. 5. Land use all around the property proposed for subdivision is primarily single family residential. Site View; Exhibit 1, Staff Report. 6. There are several significant trees on the property. Site View; Exhibit 1, Staff Report. 7. The applicant proposes to expand an existing off-site detention pond north of SE 256th to provide stormwater detention for the site. The detention storage volume would be for a 100 year, 24 hour design storm with a release rate of no greater than 70 percent of the pre-developed 2 year, 24 hour design storm. Roof downspouts for each house and garage would be directed to the stormwater conveyance system leading to the detention pond. Exhibit 1, Downstream Analysis; Testimony of Mr. Daley. 8. The proposed development will add 13 PM Peak Hour trips to the existing street system. Exhibit 1, MDNS. The proposed development would have traffic impacts on Southeast 248th Street and 116th Avenue Southeast; Southeast 256th Street and 116th Avenue Southeast; and Kent-Kangley Road and 116th Avenue Southeast. Exhibit 1, Staff Report. 9. Access to the proposed subdivision would be from SE 253rd Street, which is classified as a Residential Collector Street. The applicant proposes to improve this street as part of the plat development. The individual lots would be accessed from this street only; built by the applicant to City standards and dedicated to the City. Exhibit 1, Staff Report; Application. 10. The City of Kent will provide water and sanitary sewer. Exhibit 1, Staff Report. 11. The environmental review for this application resulted in a conclusion by the City's Responsible Official that the project has no probable significant adverse impacts on the 3 Hearing Examiner Findings and Recommendation Pacific Heights 9SU-96-22 environment that cannot be mitigated. A Mitigated Determination of Nonsignificance (MDNS)was issued for the proposed subdivision on November 17, 1997 and became final on December 2, 1997, pursuant to the State Environmental Policy Act. It was not appealed by the applicant or any citizen. The conditions of mitigation address several areas of environmental concern including traffic impacts, provisions for mass transit, mitigation of impacts to stormwater drainage system and dedication of land for utilities and streets. The MDNS requires submittal of a detailed drainage plan that shows precisely how the stormwater runoff would be directed to the off-site detention system. Exhibit 1, MDNS. 12. Public notice of this application was given by posting, publication and mailing. Exhibit 1, Affidavit of Harris. 13. Written and verbal testimony was submitted by neighboring property owners who had questions and concerns about the development proposal. The testimony included the following concerns: protection of the private wells existing in the area including the request that water and sewer lines be extended to the adjacent property lines, and in the case of contamination or damage to the wells, extended into the houses; that the construction hours be restricted to Monday through Friday, 7:00 am to 7:00 pm,and Saturday and Sunday, 9 am to 7 pm; that a 6 foot solid wood fence be erected around the parameter of the development before construction begins and that the ground be watered on a regular basis to control dust; that no access to the development be from existing driveways off 124th Avenue SE; and,that existing fences are not damaged, cut or removed. Exhibit 8. Specifically, testimony was received about the potential for flooding on the property to the east of the subject property Exhibit 8; Testimony of Ms. Russell; the need for "tight lining" of stormwater runoff from impervious surfaces Exhibit 8; Testimony of Ms. Matelich; and a request that replacement fences be negotiated with owners prior to removal if it is necessary remove along the property lines to build the new road. Testimony of Ms. Matelich. 14. The applicant's representatives agreed to implement the mitigation measures proposed by the adjacent property owners. The applicant agreed to replace fences; place erosion control around the perimeter of the sight during construction and water the ground to control dust; extend the water and sewer lines to the Buetow property and the Russell property and, if the Matelich well becomes damaged due to plat development, to hook up both lots 91 and 42 (currently served by the well)to city water at no charge; to ensure that the building footprint on proposed lot 94 will be located outside the 100 foot radius for the Matelich well; to restrict hours of construction of the plat development; to restrict access to SE 253rd Street exclusively; and to ensure that the roof runoff will be tight lined and directed to the off-site detention facility. Testimony of Mr. Singh; Testimony of Mr. Daley; Exhibit 7. 4 Hearing Examiner Findings and Recommendation Pacific Heights #SU-96-22 CONCLUSIONS Jurisdiction 1. The Hearing Examiner has jurisdiction to hold a public hearing on this application; to consider all evidence presented at the public hearing; and, based on that evidence, to present a recommendation to the City Council to approve, disapprove or approve with conditions the preliminary plat application. KCC 12.04.360, KCC 2.32.090. 2. Notice of the public hearing on this application was properly given in accordance with applicable state statutes and city ordinances including Chapter 58.17 RCW and KCC 12.04.360. Finding of Fact No. 12. Criteria for Decision 1. The recommendation of the Hearing Examiner must be supported by the evidence presented, as stated in the Findings of Fact of this recommendation, and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW). These review criteria include: (a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations is to: provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be ensured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; and that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plans shall be ensured. (b) KCC 12.04.330 which specifies eight requirements that must be shown on the preliminary plat map including appropriate names and dates, proposed platted property lines,contours and elevations,proposed public service areas, square footage calculations for developed and open space, dimensions of each lot, statements of soil type and drainage conditions, a description of existing land cover, and a description of wildlife present. 5 Hearing Examiner Findings and Recommendation Pacific Heights 4SU-96-22 (c) KCC 12.04.370 which requires a written statement from the Seattle-King County Health Department as to the general adequacy of the proposed means of sewage disposal and water supply. (d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental amenities so that urban development may be as compatible as possible with the ecological balance of the area including preservation of drainage patterns, protection of ground water supply, prevention of erosion and preservation of trees and natural vegetation. (e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper drainage plan and a proper water distribution system. (f) KCC 12.04.450 which requires due consideration to the allocation of public service usage areas and due regard for all natural features including large trees, water courses, historical spots and other community assets that would add attractiveness and value to the property. (g) KCC 12.04.490 which provides for mitigation of any adverse effects of development upon the existing park and recreational facilities in the City of Kent. (h) RCW 58.17.110 which requires an inquiry into the public use and interest proposed to be served by the subdivision and a determination "that appropriate provisions are made for public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys,other public ways,transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school." Conclusion Based on Findings 1. Based on the Findings of Fact specified above, and with the specific conditions recommended below, the Examiner concludes that this preliminary plat application is consistent with the standards and criteria of applicable state statutes and city ordinances and should be approved. Findings of Fact No. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12. 2. Conditions of approval are necessary to address impacts related to stormwater drainage, including a wetland buffer enhancement plan for the for the off-site detention/retention facility, increased traffic, impacts on the park system, street improvements, and retention of significant trees. Findings of Fact No. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12. Specific conditions 6 Hearing Examiner Findings and Recommendation Pacific Heights #SU-96-22 of approval are necessary to ensure that impact to adjacent properties are mitigated. Findings of Fact No. 13 and 14. RECOMMENDATION The Hearing Examiner recommends that this preliminary plat application be APPROVED subject to the following conditions: A. GENERAL CONDITIONS OF APPROVAL: 1. The owner/subdivider shall implement all mitigation measures required by the Determination of Nonsignificance for SEPA checklist#ENV-97-58 for the Pacific Heights Subdivision except that when those SEPA conditions are in conflict with these conditions, these conditions shall control. B. PRIOR TO RECORDING THIS SUBDIVISION: 1. The Owner/Subdivider shall receive approval for engineering drawings from the Department of Public Works, construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The public sewer system shall be extended across the north frontage of this subdivision, and shall be sized to serve all off-site properties within the same service area. b. A water system meeting domestic and fire flow requirements for all lots. The public water system shall be extended across the north frontage of this subdivision. C. A drainage system meeting Kent standards. A Detailed Drainage Plan shall be submitted which shows how the 100-year post-developed stormwater runoff from this development will be collected, conveyed, stored, treated and released to the City stormwater drainage system in compliance with the Kent Construction Standards. This plan shall include the water quality treatment facilities for the proposed plat as an off-site water quality treatment system for the Meadow Hills drainage if the off-site detention system is constructed. The Detailed Drainage Plans will include that all downspouts from houses and garages be "tight-lined" to the stormwater conveyance system. (1) The Owner/Subdivider shall construct an on-site or off-site detention/retention pond system in accordance with the Kent Construction Standards to mitigate for potential impacts to 7 Hearing Examiner Findings and Recommendation Pacific Heights #SU-96-22 stormwater runoff quantity. The minimum detention storage volume will be that volume required to detain the 100-year, 24-hour design storm while releasing at a rate no greater than 70 percent of the pre- developed 2-year, 24 hour design storm (the release criteria established in the Soos Creek Basin Plan for discharges to Soosette Creek). The pre-development condition shall be assumed to be grass only unless otherwise determined by the Director. Pond side slopes shall be minimized, preferably less than 5H:1V. (2) Roof downspouts for each house and garage shall be directed to Roof Downspout Infiltration Trenches meeting the requirements of the Department of Public works including overflow pipes connected to an approved conveyance system. The Detailed Drainage Plans will include an approved detail for the Roof Downspout Infiltration Trenches, and will provide private stormwater stubouts to each lot for future connection to the Roof Downspout Infiltration Trenches. The face of the final plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS. (3) The required downstream analysis for this development will include an analysis for capacity, erosion potential, and water quality from the point of discharge from the site downstream a distance of at least one quarter mile, or to the point where stormwater discharges to the east side of 124th Avenue Southeast, whichever is further. (a) This downstream analysis will clearly identify the existing and future capacity of each link in the drainage system for the appropriate downstream reach. (b) Should downstream capacity be insufficient to convey the 25- year peak flow rate, the Owner/Subdivider shall either provide necessary off-site improvements to convey the 100- year, 24-hour design peak flow (and easements where necessary), OR further detain/retain stormwater and restrict the release rate of stormwater to ensure that the capacity of the existing conveyance system will not be exceeded. 8 Hearing Examiner Findings and Recommendation Pacific Heights #SU-96-22 (c) In addition, the Owner/Subdivider's design engineer shall identify all downstream reaches which cannot convey the 100-year, 24-hour design storm without overtopping or pressure flows. (d) Similarly, should an erosion problem be exacerbated by the proposed release conditions, then the Owner/Subdivider will have to further restrict the release of stormwater from this development, or to provide suitable off-site mitigation. (4) The Owner/Subdivider shall submit a Wetland Buffer Enhancement Plan for within and surrounding the off-site detention/retention facility to the Kent Planning Department and the Department of Public Works for review and approval in conjunction with the approval of the Detailed Drainage Plans. The proposed location of the off-site facility is within an existing wetland buffer; due to the degraded conditions of the buffer, it has high restoration potential. The approved plan shall be attached to the draft engineering plans prior to submittal for City review. The plan shall be prepared by a qualified wetlands biologist, or someone else who is qualified by reason of education, training and experience to prepare Wetland Mitigation and Planting Plans,and include the following components: (a) Upland and wetland plantings (as appropriate) that are large in size, diverse in type, and provide dense coverage. (b) Provisions for passive public use, i.e. park bench near the terminus of 121st Place SE. (c) Protection of all large trees in the project area, most notably the conifer grove. Large trees within the footprint of the approved detention pond/constructed wetland footprint shall be salvaged for replanting (plant salvaging of smaller, native trees and shrubs may also be desirable). (d) A "grass-Crete", "grass-pave" or similar reinforced, naturally- paved access road to the existing sanitary manhole, as well as the outlet control structure for the constructed wetland/detention pond. 9 Hearing Examiner Findings and Recommendation Pacific Heights #SU-96-22 (e) A level spreader device for sheet flow into the wetland. (f) Unique, educational signage (in addition to Kent's standard detention pond facility signage). (g) No net loss of wetland area and function. Any and all proposed impacts to existing wetlands shall be quantified, clearly shown on the plans, and mitigated for. (h) Wildlife-passable,aesthetically-pleasing,fencing to minimize intrusion within the new and existing off-site wetland/detention area(ex. split rail wood). (i) The Owner/Subdivider shall post an assignment of funds for the wetland buffer enhancement in the amount of 125 percent of the estimated cost for construction and materials. (5) The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants prepared by the Property Management Section of the Department of Public Works. (6) Open-to-the-air stormwater treatment system(s) in accordance with Kent Construction Standards to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment;biofiltration swales;wet ponds;extended detention ponds; and created wetlands. Alterr;atives and experimental treatment facilities will be evaluated on a case-by-case basis by the Department of Public Works. (a) The stormwater treatment system shall be within an approved drainage tract. (b) Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. (c) The owner/subdivider shall also provide stormwater treatment for the paved surfaces of the Meadow Hills development. (7) A Detailed Grading Plan for the entire subdivision which includes provisions for utilities, roadways, retention/detention ponds, 10 Hearing Examiner Findings and Recommendation Pacific Heights #SU-96-22 stormwater treatment facilities, and a building footpad for each lot. These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits: phasing of grading on a lot-by-lot basis will not be considered. (8) A Temporary Erosion/Sedimentation Plan for the entire subdivision which reflects the Detailed Grading Plan discussed above. d. The approved wetland boundaries for the off-site tract shall be surveyed and marked with permanent monuments approved by the City. 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 boundary, the approved wetland buffers, and the areas of each are required. These maps will be attached to the copies of the approved Wetland Delineation Report the City will have on file. e. A Detailed Tree Plan shall be submitted to the Planning Department for review and approval. Grading Plans can not be approved without an approved Detailed Tree Plan. f. Southeast 253rd Street shall be improved to modified Residential Collector Street Standards and shall extend from its existing easterly terminus to the east boundary of the proposed subdivision. (1) These Street Plans will include Street Lighting Plans, and provisions for a public stormwater drainage system, sanitary sewer, curbs& gutters, sidewalks, and pavement widths consistent with the requirements of the City of Kent Construction Standards for the classification of each roadway (2) Southeast 253rd Street, a Residential Collector Street, shall include a minimum half-street width of 24 feet of paved public roadway,with the crown located 18 feet north of the curb and gutter and the five foot sidewalk constructed along the entire south side of Southeast 253rd Street, and will include an approved edge of pavement transition from the end of the existing public street. 11 Hearing Examiner Findings and Recommendation Pacific Heights #SU-96-22 g. The unnamed plat street shall include a minimum paved surface width of 32 feet, curbs & gutters, and a 5 foot sidewalk around the entire plat street and cul-de-sac. 2. The Owner/Subdivider shall dedicate all right-of-ways and tracts required by the Director for the public improvements required for this development, including sufficient right-of-way across the entire north frontage for the construction of Southeast 253rd Street, a Residential Collector Street, with a minimum half-street right-of-way width of at least 26.5 feet. 3. In addition to the right-of-way required above, and across the entire subdivision frontage, to provide for a minimum of 24 feet of paved public roadway, curb and gutter and a five foot wide sidewalk. This right-of-way shall also provide enough area for a transition designed to a 25 MPH design speed to the existing improved portion of Southeast 253rd Street located to the west of this subdivision. C. PRIOR TO THE ISSUANCE OF ANY DEVELOPMENT PERMITS ON ANY LOT IN THE PACIFIC HEIGHTS SUBDIVISION (SU-96-22) THE OWNER/SUBDIVIDER. SHALL: I. Construct all of the improvements noted in Sections A & B above. 2. The Owner/Subdivider shall execute all agreements required in Sections A & B above. 3. Dedicate five percent(5%) of the total plat area being developed as open space park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975. 4. The Owner/Subdivider shall receive approval for Detailed Drainage Plans, Detailed Grading Plans AND Temporary Erosion and Sediment Control Plans in conformance to the City Construction Standards from the Department of Public Works. 5. The Department of Public Works must approve As-Built Drainage Plans for the entire site prepared by a professional land surveyor licensed in the State of Washington in conformance to the requirements of Appendix"E" of the City of Kent Construction Standards prior to release of any construction bonds. 6. The owner/subdivider shall submit a Detailed 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 structures. This plan must be approved by the Kent Planning AND Public Works Departments prior to approval 12 Hearing Examiner Findings and Recommendation Pacific Heights #SU-96-22 and construction of the final roadway design and prior to the issuance of a development permit or any grade and fill permit for any lot. No trees of six inch caliper or greater shall be removed from any lot except through a tree plan approved by the Kent Planning Department. 7. The building footprint on Lot#4 shall be outside the 100 foot well radius as depicted in Exhibit 6. In the event that construction of the proposed development negatively impacts any wells in the vicinity of development such that it is no longer useful for potable water, the applicant shall connect the impacted property to city water at no cost to the impacted property owner. 8. Hours of construction shall be restricted to Monday through Friday between 7:00 am to 7:00 pm and Saturday and Sunday between 9:00 am to 7:00 pm. 9. Access to the site shall be from SE 253rd Street. Access from 124th Ave SE shall be prohibited. 10. During construction, the ground shall be watered as often as necessary to control dust. 11. The applicant shall replace any fence that has been damaged or removed during construction. Dated this 31 st day of December, 1997 THEODORE PAUL HUNTER Hearing Examiner 13 Kent City Council Meeting Date February 17. 1998 Category Other Business 1. SUBJECT: EMERGENCY COMPREHENSIVE PLAN AMENDMENT - RESOLUTION 2 . SUMMARY STATEMENT: The Kent City Code requires that Capital Facilities Plans of school districts in the school impact fee program be reviewed annually and included as part of the Capital Facilities Plan element of the City' s Comprehensive Plan. On February 6, 1998, the City Council adopted its comprehensive amendments for 1998 prior to review of school district capital facilities plans. The Public Works/Planning Committee has recommended that this matter be submitted to the Land Use and Planning Board for consideration of an emergency Comprehensive Plan amendment for adoption of the Capital Facilities Plans of the Kent and Federal Way School Districts. Staff is recommending passage of a resolution declaring an emergency and authorizing the consideration of a Comprehensive Plan amendment. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Public Works/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 (.��- W moves, Councilmember Oyba seconds for adoption of Resolution No. / D6-',, declaring an emergency and authorizing the Land Use and Planning Board to consider a comprehensive plan amendment to adopt the Capital Facilities Plans of the Kent and Federal Way School Districts. DISCUSSION• ACTION: C Council Agenda Item No. 4C RESOLUTION NO. A RESOLUTION of the City Council of Kent, Washington,declaring an emergency to pursue an amendment to the Capital Facilities Element of the Kent Comprehensive Plan, incorporating the Capital Facilities Plans of the Kent and Federal Way School Districts for 1998. WHEREAS, the City of Kent adopted a school impact fee program as authorized by the Growth Management Act and RCW 82.02.050; and WHEREAS.the Growth Management Act and Chapter 12.02 of the Kent City Code authorize the City to amend its Comprehensive Plan only once per calendar year, except in the case of an emergency and that an emergency is defined as an issue of community wide significance that promotes the public health, safety. and general welfare: and WHEREAS. Chapter 12.13.070 of the Kent City Code requires that the Capital Facilities Plans of the Kent and Federal Way School Districts be submitted to the City of Kent on an annual basis for City Council review. and that such review shall occur in conjunction with any update of the Capital Facilities Plan element of the City's Comprehensive Plan; and WHEREAS. on February 6, 1998. the Kent City Council adopted its comprehensive plan amendments for 1998 prior to its review of the Capital Facilities Plans 1 of the Kent and Federal Way School Districts: and WHEREAS. adoption of the Kent and Federal Way School Districts Capital Facilities Plans is a condition precedent to continued collection of impact fees on behalf of the districts by the City of Kent; and W-HEREAS, the City must now amend the Capital Facilities element of the City's Comprehensive Plan in order to adopt the Capital Facilities Plans of the Kent and Federal Way School Districts; and WHEREAS, the City Council, Public Works and Planning Committee considered this issue at its regularly scheduled meeting on February 9, 1998, and voted to submit this matter to the Land Use and Planning Board for consideration of an emergency Comprehensive Plan Amendment for the adoption of the Capital Facilities Plans of the Kent and Federal Way School Districts as an element of the Capital Facilities Plan element of the Kent Comprehensive Plan;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That adoption of the Capital Facilities Plans of the Kent and Federal Way School Districts as an element of the Capital Facilities Plan of the City of Kent Comprehensive Plan constitutes an issue of community-wide significance that promotes the public health, safety, and general welfare in accordance with the definition of an emergency as set forth in Chapter 12.02 of the Kent City Code. SECTION 2. The City Council therefore declares that an emergency exists and authorizes the Land Use and Planning Board to consider a Comprehensive Plan Amendment for the adoption of the Capital Facilities Plan of the Kent and Federal Way School Districts as an element of the Capital Facilities Plan element of the Kent Comprehensive Plan. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1998. Concurred in by the Mayor of the City of Kent. this day of 1998. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. , passed by the City Council of the City of Kent. Washington, the day of , 1998. (SEAL) BRENDA JACOBER, CITY CLERK P T.AWTLESOLUTTTOMPPLAN RES 3 yam, /' fl Kent City Council Meeting Date February 17 . 1998 Category Bids 1. SUBJECT: SENIOR CENTER REROOFING WORK 2 . SUMMARY STATEMENT: The bid opening for this project was held on February 6, 1998, with three bids received. The low bid was submitted by Wayne' s Roofing, Inc. in the amount of $220,820. The Engineer's estimate was $237, 000. The Parks Director recommends the Senior Reroof contract be awarded to Wayne' s Roofing, Inc. 3 . EXHIBITS: Letter from Consulting Engineer 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $220, 820 plus sales tax SOURCE OF FUNDS: Project budgeted in CIP 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds that the Senior Center Reroof contract be awarded to Wayne's Roofing, Inc. for the bid amount of $220, 820. DISCUSSION: ACTION: Council Agenda Item No. 5A PAGE di WETH FIR H 0 LT A N I) A S j O C t A T E 5 P S February 10, 1998 Project#9604-24c1 City of Kent 220 4th Avenue South Kent, Washington 98032-5895 Attn: Charlie Lindsey Phone: 253/859-4159 Facilities Manager Fax: 253/859-3334 Ref: Bid Review Kent Senior Center- 1999 Reroofing Project Kent, Washington Dear Mr. Lindsey, We have reviewed the bid results issued February 6, 1999 for reroofing work at the Kent Senior Center from the three contractors; Meyer Brothers, Snyder Roofing, and Wayne's Roofing. Based on the results, we recommend contracting with the low bidder, Wayne's Roofing. Their low bid for "Option 2" (Siplast System)appears to be a reasonable amount for the specified work. We trust this information has been helpful. Please call if there are questions. Sincerely, ona1D d A. Davis Field Engineer C.�W►DM5WSC5%KENTWrMtMWV"WPD 1 1104 N.E. 85th Street • P.O.Box 816 • Kirkland, WA 99083-0816 425-822-8397 • FAX 425-822-7595 Kent City Council Meeting Date February 17 , 1998 Category Bids 1. SUBJECT: GREEN RIVER NURSERY SITE WORK 2 . SUMMARY STATEMENT: The bid opening for this project was held February lath with nine bids received. The original low bid of $199, 976. 04 submitted by Michael McPhee Company was rejected due to non-compliance of project specifications. The second low bid was submitted by R.W. Scott in the amount of $200,491. 35. The Engineer's estimate was $235, 656. 57 . It is the recommendation of the Public Works Director that the Green River Nursery Site Work contract be awarded to R. W. Scott. 3 . EXHIBITS: Bid Tabulation 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember _seconds that the Green River Nursery Site Work contract be awarded to R.W. Scott for the bid amount of $200, 491. 35. DISCUSSION: ACTION. r�C/ Council Agenda Item No. 5B DEPARTMENT OF PUBLIC WORKS February 17, 1998 TO: Mayor S&City Council FROM: Don Wickstrom RE: Green River Nursery Site Work Bid opening for this project was held on February 1 It h with 9 bids received. The original low bid of $199,976.04 submitted by Michael McPhee Company was rejected because of non-compliance with the project specifications. The second low bid was submitted by RW Scott in the amount of $200,491.35. The Engineer's estimate was $235,656.57. It is the recommendation of the Public Works Director that the Green River Nursery Site Work contract be awarded to RW Scott for the bid amount of $200,491 .35. BID SUMMARY Michael McPhee Company 199,976.04 REJECTED RW Scott 200,491 .35 Scottv's General Construction 202,334.83 Clements Bros, Inc. 205,409.12 Scoccolo Construction 206,126.06 Lloyd Enterprises 214,176.58 Ohno Construction 230,540.42 Dennis Craig Construction 230,826.04 Tvdico, Inc. 293,279.73 Engineer's Estimate 235,656.57 MOTION: Councilmember moves, Councilmember seconds that the Green River Nursery Site Work contract be awarded to RW Scott for the bid amount of $200,491.35. Kent city Council Meeting Date February 17 , 1998 Category Bids 1. SUBJECT: KENT SPRINGS TRANSMISSION MAIN REBUILD - SE 288TH ST. 2 . SUMMARY STATEMENT: The bid opening for this project was held February lath with eight bids received. The low bid was submitted by Mosbrucker Excavating in the amount of $501, 492 . 05. The Engineer's estimate was $478, 608. 35. It is the recommendation of the Public Works Director that the Kent Springs Transmission Main Rebuild - SE 288th Street contract be awarded to Mosbrucker Excavating. 3 . EXHIBITS: Bid Tabulation 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 [�(J4'�� seconds that the Kent Springs Transmission Main Rebuild - SE 288th Street contract be awarded to Mosbrucker Excavating for the bid amount of $501, 492 . 05 . DISCUSSION: ` ACTION: Council Agenda Item No. 5C DEPARTMENT OF PUBLIC WORKS February 17, 1998 TO: Mavor & City Council FROM: Don Wickstrom RE: Kent Springs Trans Main Rebuild - SE 288th Street Bid opening for this project was held on February 1 1 th with 8 bids received. The low bid was submitted by Mosbrucker Excavating in the amount of $501,492.05. The Engineer's estimate was $478,608.35. It is the recommendation of the Public Works Director that the Kent Springs Trans Main Rebuild - SE 288th Street contract be awarded to Mosbrucker Excavating for the bid amount of $501 ,492.05. BID SUMMARY Mosbrucker Excavating 501,492.05 Scoccolo Construction 514,826.45 DDI Construction 515,722.40 R.L. Alia Company 521,404.89 Frank Coluccio Construction 567,978.00 J.E. Work, Inc. 620,158.67 Gary Merlino Construction 661 ,227.39 VLS Construction 817,877.46 Engineer's Estimate 478,608.35 MOTION: Councilmember moves, Councilmember seconds that the Kent Springs Trans Main Rebuild - SE 288th Street contract be awarded to Mosbrucker Excavating for the bid amount of $501 ,492.05. /5� Kent City Council Meeting Date February 17 . 1998 Category Bids 1. SUBJECT: SURPLUS OF A 1975 FORD LN SERIES PIERCE FIRE ENGINE AND A 1981 VAN PELT LADDER TRUCK 2 . SUMMARY STATEMENT: The Fire Department received one sealed bid for the 1975 Ford Series Pierce fire engine in the amount of $12 , 000 from Rodney B. Sharrah, representative for Pedro Logan of the Cuerpo de Bomberos Voluntarios Ce Asuncion. No bids were received for the 1981 Van Pelt ladder truck. 3 . EXHIBITS: Executive Summary 4 . RECOMMENDED BY: Fire Department (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ None SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: �/ f�,,6 Councilmember��_moves, Councilmember V OIU' seconds to accept the bid from Rodney B. Sharrah, representative for Pedro Logan in the amount of $12 , 000 for surplus of a 1975 Ford LN Series Pierce Fire Engine; and authorize the Fire Department to release this apparatus upon receipt of funds. DISCUSSION: ACTION: } �� Council Agenda 9 y.� Item No. 5D EXECUTIVE SUMMARY FEBRUARY 17, 1998 TO: MAYOR WHITE, COUNCIL PRESIDENT ORR, COUNCIL MEMBERS WOODS, BENNETT, CLARK, EPPERLY, AMODT, BROTHERTON _ FROM: NORM ANGELO, FIRE CHIEF f r� SUBJECT: SURPLUS OF PIERCE FIRE ENGINE AND VAN PELT LADDER TRUCK --------------------------------------------------------------------------------------------- BACKGROUND The Fire Department has two (2) apparatus to be surplused: a 1975 Ford LN series Pierce Fire Engine and a 1981 Van Pelt Ladder Truck. We have had these apparatus out for bid twice, advertised the sale through the Internet and also listed for sale with a consignment vendor. We received one (1) sealed bid in the amount of$12,000.00 (US) from Rodney B. Sharrah, representative for Pedro Logan of the Cuerpo De Bomberos Voluntarios Ce Asuncion for the Pierce Fire Engine. We did not receive any bids for the Van Pelt Ladder Truck. RECOMMENDED ACTION The Fire Department is recommending the acceptance of the bid for the fire engine from Rodney B. Sharrah with the delivery of the apparatus upon receipt of funds. With respect to the Van Pelt Ladder Truck, I will provide several options during the Council meeting, as we do not have the ability to continue to store this apparatus. SIGNIFICANCE The value of accepting the sealed bid is found in the funds gained by it's sale. CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS EXECUTIVE SESSION - Property Acquisition Pending Litigation