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SUMMARY AGENDA
KENT CITY COUNCIL MEETING
May 5, 1998
Council Chambers
7: 00 p.m.
MAYOR: Jim White COUNCILMEMBERS: Leona Orr, President
Sandy Amodt Tom Brotherton Connie Epperly
Rico Yingling Tim Clark Judy Woods
CALL TO ORDER
FLAG SALUTE
ROLL CALL
1. PUBLIC COMMUNICATIONS
A. Employee of the Month
B. Proclamation - Letter Carriers Food Drive
C. Proclamation - National Corrections Officers Week
2 . PUBLIC HEARINGS
A. LID 348, 64th Avenue South Street Improvements - Final
Assessment Roll
3 . CONSENT CALENDAR
A. Approval of Minutes
B. Approval of Bills
C. LID 340, S. 196th/200th Street Corridor Project -
Resolution Setting Hearing Date / .' r
D. Union Pacific Railroad/196th St. Spur Crossing
Franchise - Ordinance
E. Downtown Strategic Action Plan Grant - Accept
F. Guiberson Reservoir - Accept as Complete
G. Excused Absence, Councilmember Brotherton - Approve
4 . OTHER BUSINESS
A. Green Meadows Townhomes Final Plat
B. Commuter Rail Parking Garage Funding
5. BIDS
A. Vactor Solids Facility, S. 266th & 64th Avenue S.
6. CONTINUED COMMUNICATIONS
7 . REPORTS
EXECUTIVE SESSION - Property Acquisition
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) Employee of the Month
B) Proclamation - Letter Carriers Food Drive
C) Proclamation - National Corrections Officers Week
Kent City council Meeting
Date May 5. 1998
Category Public Hearings
1. SUBJECT: LID 348 , 64TH AVENUE SOUTH STREET IMPROVEMENTS -
FINAL ASSESSMENT ROLL
2 . SUMMARY STATEMENT: This date has been set for the public
hearing on the confirmation of the Final Assessment Roll for
LID 348, 64th Ave South Street Improvements. The Public Works
Director will give a brief description of the project and
manner of assessment.
3 . EXHIBITS: Public Works Director memorandum
4 . RECOMMENDED BY: Council 4/7/98
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
OPEN HEARING:
PUBLIC INPUT:
CLOSE HEARING:
7 . CITY COUNCIL ACTION:
1. Councilmember moves, Counc' member seconds
to make the Public Works Director' memorandum of April 30,
1998 , including the referenced be ore and after appraisal
document, a part of the record.
2 . Councilmember moves/Councilmember seconds
to direct the City Attorn to prepare the necessary ordinance
for the Final Assessment Roll for LID 348 - 64th Avenue South
Street Improvements.
DISCUSSION•
ACTION•
Council Agenda
Item No. 2A
DEPARTMENT OF PUBLIC WORKS
April 30, 1998
TO: Mayor & City Council
FROM: Don Wickstrom�
RE: LID 348 - 64th Avenue South Street Improvement
(S. 226th Street to S. 216th Street)
May 5, 1998 has been set for the confirmation hearing on the final assessment roll for the
above referenced project.
BACKGROUND
The transportation element of the 1980 Valley Studies program identified 64th Avenue
South as a future collector arterial route essential for development of this portion of the
valley floor.
In 1989 LID 330 was formed to construct and improve 64th Avenue. However that portion
between South 226th Street and South 216th Street was deleted and deferred until the
Valley Detention and Enhanced Wetland Project(Lagoon Conversion Project) adjacent
thereto occurred. With the advent of the Growth Management Act this missing link of 64th
Avenue has taken on new importance with respect to meeting the City's transportation
concurrency requirement. The completion of this missing link is identified in the City's
adopted Comprehensive Plan and is included in the City's financially balanced 6 Year
Transportation Capital Improvement Program. Once the Valley Detention and Enhanced
Wetland Project was nearly complete, completion of this missing link of 64th Avenue could
occur. As such, on February 25, 1997 the Public Works Dept. held an informal meeting
with the affected property owners. The meeting was attended by three of the seven
owners other than the City. Nobody voiced objection to implementing the LID to complete
the street.
The Resolution of Intent was approved by City Council on March 18, 1997 which set the
hearing date for April 15, 1997. The formation Ordinance#3347 was passed May 6, 1997.
PROJECT IMPROVEMENTS
The project was the construction of 64th Avenue South from approximately S. 226th Street
to S. 216th Street.
The project included the following improvements:
1. Five lane roadway 58' curb to curb, two lanes each direction with turn lanes.
2. Curb and gutter.
3. Cement concrete sidewalks on both sides.
4. Storm Drainage system
5. Street lighting
6. Street trees and grass planting strips
7. Sanitary sewer; water main extensions; stubs as required
8. Channelization and signing
9. Improvements at the intersection of 64th Ave S & Meeker St. (to be constructed in
the future, an estimated cost has been included in the final assessment roll to cover
these improvements)
PROJECT FUNDING
The project is being funded (100%) by the Local Improvement District (Number 348). The
costs are as follows:
ORIGINAL FINAL
Street $1,806,464.64 $1,657,875.71
Water Main 140,838.33 80,543.18
Water Stub 5,370.48 5,228.03
Sanitary Sewer Stub 14,701.26 5,054.38
LID TOTAL $1,967,374.71 $1,743,701.30
The City of Kent is a property owner within the LID. The City share of the assessments is
$856,184.72 or 49% of the total project cost. Monies for same have been budgeted in the
respective Water and Drainage Capital Improvement Programs.
METHOD OF ASSESSMENTS
The costs under each category of assessment are distributed to each property benefiting
as follows:
1. Street - The assessments are based on square footage within the assessment
boundary. The assessment rate decreases with 100 foot zones back from the
public right-of-way with a maximum of seven zones. The front zone rate is seven
times the rear zone; the second zone from the front is six times the rear zone and
so on. Property further than 700 feet from the edge of the right-of-way is not used
in the assessment calculation.
2. Sanitary Sewer- The project consists of installing stubs only. Therefore the cost of
the stub or stubs is assessed directly to the property or properties being serviced.
No stub means no assessment. Only Assessment No. 6 received a stub.
3. Water Main - There are two components for water assessments. These
components are 12" mainline and stub. Some of the properties along this portion
of 64th Avenue has previously installed the 12" mainline and paid their share
thereof. Therefore the water main construction is separated out as a separate
assessment category and assessed only to those who hadn't yet installed their
share of the 12" water mainline on 64th Ave. See the enclosed water assessment
map for the extent of this work and properties involved.
All fronting properties are assessed. The assessments are based on square
footage within the assessment boundary with a 300 foot maximum depth zone. The
second component is for stubs form the mainline to the property line. As with the
sewer, the stub is assessed directly to the property being serviced. Again, only
Assessment No. 6 received a stub.
PROJECT SPECIAL BENEFIT
As with any L.I.D. the special benefits derived from the construction of the improvements
is the enhanced property value. Most of these fronting properties are truck dependent
operations. Prior to the construction of the L.I.D. improvements, most of these properties
had only limited access on to or off of WVH which due to the size of these properties
frustrated their useability. Now with access off 64th Avenue, the marketability of the
property and the value is greatly enhanced. In additon thereto, many of these same
properties had a financial obligation via execution of a contract with the City to either
construct 64th Avenue to City Standards along their entire frontage at the time of their
development, or pay for same via their participation in this Local Improvement District.
Appraisers have told us that such agreements have affected the value of such property at
the time of sale. Typically the value has been discounted by either the perceived amount
of the obligation or some negotiated value therein between. Were said properties to
construct their frontage improvement, that obligation most likely exceed what is presently
denoted as their final assessment.
Lastly the City did hire an MAI appraisal firm to perform a before and after value analysis.
Attached is a copy of excerpt of said appraisal on parcel assessment #6. Said results
denoted that the special benefit to said parcel in terms of enhanced value was 22$ 5.000.
Said parcels final assessment is $96.242.62.
PAYMENT OF ASSESSMENT
Upon Council passing the Ordinance confirming the Final Assessment Roll, there is a 30-
day period in which any portion or all of the assessment can be paid without interest
charges. After the 30-day period, the balance is paid over a fifteen-year period wherein
each year's payment is one-fifteenth of the principal plus interest on the unpaid balance.
The interest will be what the market dictates.
EASEMENT AND RIGHT-OF-WAY ACQUISITION
The construction of the project required minor property acquisition in some locations to
provide the right-of-way. Slope easements and construction easements were also
required. Each property involved was appraised followed by negotiation between the City
and owner. Final settlement was a direct payment to the owner.
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64TH AVE S. IMPROVEMENTS REVISED FOR FINAL
WATER ASSESSMENT I ROLL 3110198
S. 228TH ST.
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The Eastman Company
James E. Gerner, MAI Real Estate Appraisers
Rick Mellen, MAI Analysts/Consultants
Donald K. Melton 1155 N. 130th Street, Suite 304
Paul Zemtseff Seattle, WA 98133
Phone (206) 363-6611
Fax# (206) 363-5507
August 8, 1997
Mr. G. B. McCaughan
Property Mananger
City of Kent Engineering Department
220 4th Avenue South
Kent, WA 98032-5896
RE: Valuation of Vacant Land Located in the
22200 Block, East Side, 64th Avenue South, Kent, WA
Owned by K & W Holdings, Inc.
Our File No. 7060
Dear Mr. McCaughan:
As requested I have inspected and appraised the above referenced property for the purpose
of formulating an opinion of market value under two assumptions. The first is to estimate
the market value assuming that the site is buildable (no wetland or wetland buffer areas) and
that 64th Avenue South has not been constructed. The second appraisal problem is to
estimate the market value of the site assuming that the site is buildable (no wetland or
wetland buffer areas) and that 64th Avenue has been constructed. It is understood that this
report is to be used to assist the City of Kent in estimating the increase in the subject's
market value that may result from the construction of 64th Avenue South. It is my
conclusion that the Market Value of the fee simple interest of the subject property, as of
July 18, 1997 is as follows:
First Appraisal Problem = S 195,000
Second Appraisal Problem = $ 420,000
The following report is subject to the enclosed limiting conditions and has been prepared
in conformity with and subject to the requirements of the Uniform Standards of Professional
Appraisal Practice promulgated by the Appraisal Standards Board of the Appraisal Institute.
These uniform standards contain binding requirements as well as specific appraisal guide-
lines. I have set forth in this Complete Self-Contained Appraisal all of the pertinent
information required in order to comply with these standards.
It is my intention that this report is brief, but not so limited in scope that the resulting
analysis, opinions or conclusions would mislead or confuse the client, the users of this report
or the public.
The following report is a detailed summary of the pertinent data and analyses used in
arriving at my conclusions.
Respectfully Submitted,
Donald K. Melton
Associate Member Appraisal Institute
Washington State Certified General
Real Estate Appraiser (MELTODK524N9)
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CONSENT CALENDAR
3 . city council Action:
Councilmember L(//"C�Q moves, Councilmember
seconds that Consent Calendar Items A through G be approved.
Discussion
Action C-
3A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of
April 21, 1998 .
3B. Approval of Bills.
Approval of payment of the bills received through April 15 and
paid on April 15 after auditing by the operations Committee
April 28, 1998 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
4/15/98 198501-198771 $ 822 ,447.93
4/15/98 198772-199207 1,456, 245.23
$2 , 278, 693 . 16
Approval of checks issued for payroll for April 1 through
April 15 and paid on April 20, 1998 :
Date Check Numbers Amount
4/20/98 Checks 226898-227219 $ 247,776. 13
4/20/98 Advices 57338-57868 759 , 979 . 89
$lf0071574 . 02
Council Agenda
Item No. 3 A-B
Kent, Washington
April 21, 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, Woods and Yingling, Operations
Director/Chief of Staff McFall, Assistant City Attorney Brubaker,
Assistant Fire Chief Aldridge, Police Lt. Bruce Weissich,
Planning Manager Satterstrom, City Engineer Gill, Information
Services Director Mulholland, Assistant Finance Director Hillman,
and Recreation and Cultural Arts Superintendent Hogan. Approxi-
mately 30 people were at the meeting.
PUBLIC Introduction of Mayor' s Anvointees. Mayor White
COMMUNICATIONS introduced Mike Etzell, Paul Hammerschmidt and
Perry Woodford, his appointees to the Transit
Advisory Board, and Tim Gimenez, his appointee
to the Civil Service Commission.
CONSENT ORR MOVED that Consent Calendar Items A
CALENDAR through N 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 April 7 , 1998 .
SEWER (CONSENT CALENDAR - ITEM 3H)
Sewer Service West Of Green River. CONCURRENCE
with providing sewer service to properties or
areas west of the Green River as proposed in the
Public Works Director's memo dated April 7th and
included in the Council packet, as recommended
by the Public Works/Planning Committee.
PUBLIC WORKS (CONSENT CALENDAR - ITEM 3E)
S. 272/277 St Corridor House Move.
AUTHORIZATION to declare the house at 11459 SE
266th St. as surplus with zero value and
authorization for the Public Works Director to
dispose of same, as recommended by the Public
Works/Planning Committee. This house is in the
path of the 272nd Corridor project.
(CONSENT CALENDAR - ITEM 3F)
196th Street Corridor Condemnation. ADOPTION of
Ordinance No. 3399 authorizing condemnation by
eminent domain proceedings on certain property
for the acquisition of road easements, etc. ,
should negotiations fail, as recommended by the
Public Works/Planning Committee.
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Kent City Council Minutes April 21, 1998
PUBLIC WORKS (CONSENT CALENDAR - ITEM 3G)
Stormwater/Surface Water Drainage Codes
Revisions - Authority To Inspect. ADOPTION of
Ordinance No. 3400 adding new sections to
Chapter 7. 05 and 7 . 07 of the Kent City Code to
require that storm and surface water systems
comply with City construction standards and to
confirm authority to allow for inspection and to
require maintenance and correction of defects in
those systems, as recommended by the Public
Works/Planning Committee.
(CONSENT CALENDAR - ITEM 3I)
Closing Of 110th Avenue S E Access To S. 274th
St. ADOPTION of Resolution No. 1508 , as recom-
mended by the Public Works/Planning Committee,
providing authority to prepare and execute the
necessary documents to eliminate access from
110th Avenue SE onto SE 274th St and redirect
110th Ave to the north. This is beneficial to
the function of the corridor project and would
eliminate a turning movement from the 277th
Corridor on and off of 110th Avenue at this
point.
(CONSENT CALENDAR - ITEM 3M)
Fast Corridor Memorandum Of Understanding.
AUTHORIZATION for the Mayor to sign the draft
Memorandum of Understanding of the FAST
Corridor, subject to staff's concurrence of the
final language, as recommended by the Public
Works/Planning Committee. This agreement
(M.O.U. ) represents $356 million funding of the
$1 billion cost for the grade separation
projects.
(OTHER BUSINESS - ITEM 4A)
Transportation Improvement Board Grant,
Washington Ave. (sR 181) . The Public Works
Department has received a grant of $276, 000 from
the Transportation Improvement Board (TIB) for
the design phase of the Washington Avenue
(SR181) project. The Public Works/Planning
Committee recommends that the Mayor be author-
ized to sign the grant agreement, to accept the
grant and to establish a budget for $276, 000. 00.
CLARK MOVED to authorize the Mayor to sign the
_grant agreement, to accept the grant of $276, 000
from the Transportation Improvement Board, and
to establish a budget for same and use the funds
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Kent City Council Minutes April 21, 1998
PUBLIC WORKS for the Washington Avenue (SR181) project.
Brotherton seconded and the motion carried.
(OTHER BUSINESS - ITEM 4B)
Transportation Improvement Board Grant. 272nd
Corridor. The Public Works Department has
received a grant of $5, 640,000 from the
Transportation Improvement Board (TIB) for the
construction phase of the 272nd/277th Corridor
project. The Public Works/Planning Committee
has recommended acceptance of the grant and
establishment of a budget for $5, 640, 000.
CLARK MOVED to accept the grant of $5, 640, 000
from the Transportation Improvement Board and to
establish a budget for same and use the funds
for the South 272nd/277th Corridor project.
Woods seconded and the motion carried.
(BIDS - ITEM 5A)
S. 277/8 E 274 Way. Schedule 1 (Green River
Bridge) and Schedule 2 (108th Avenue S.E.
Bridge) . The bid opening for this portion of
the S. 272nd/277th Street Corridor project was
originally held on March 26. However, due to
irregularities with the bids submitted, all bids
were rejected and the project was re-bid on
April 17. Due to time constraints, the low bid
results and recommendations will be presented at
the Council meeting.
City Engineer Gill explained that five bids were
received and that the low bid was submitted by
MKB Constructors in the amount of $8, 518,365.32.
He noted that the Engineer's estimate was over
$9, 000, 000, and that the re-bid resulted in a
reduction in the bid amount of approximately
$150, 000. He recommended that the contract be
awarded to MKB Constructors.
CLARK MOVED that the S. 277th St. /S.E. 274th Way
Schedule 1 (Green River Bridge) and Schedule 2
(108th Avenue S.E. Bridge) contract be awarded
to MKB Constructors in the amount of
$8 , 518, 365. 32. Woods seconded and the motion
carried.
PLAT (CONSENT CALENDAR - ITEM 3K)
_Green Meadows Town Homes Final Plat FSU-97-4.
AUTHORIZE May 5, 1998, as the date for a public
meeting to consider a final plat application by
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Kent City Council Minutes April 21, 1998
PLAT Baima & Holmberg for the Green Meadows
Townhomes. The subject subdivision is 2 .85
acres in size and is located north of SE 256th
and east of 138th Place SE. This subdivision
was transferred to Kent by King County. King
County approved the preliminary subdivision
under Ordinance #12219 on January 16, 1996.
FRANCHISES (CONSENT CALENDAR - ITEM 3L)
UPRR/196th Sour Crossina. ADOPTION of Ordinance
No. 3401 which pertains to the Union Pacific
Railroad Spur Crossing over 196th Street in the
vicinity just east of the Green River, as recom-
mended by the Public Works/Planning Committee.
In 1981, the City originally granted a franchise
to operate a spur crossing to UPRR, but the
franchise ordinance expired by its terms ten
years from the date of its enactment (1991) .
Subsequently, last December, the City offered a
new franchise ordinance (Ordinance No. 3380) ,
but UPRR did not accept that ordinance, so it
became void for lack of acceptance.
The ordinance clarifies that the original Union
Pacific Railroad Spur Crossing over 196th Street
franchise expired by its own terms and that the
second franchise is void, and thereby automati-
cally repealed, for lack of acceptance by UPRR.
(OTHER BUSINESS - 4D)
II P R R /196th St Spur crossing Franchise
Ordinance. This item is the introduction of an
ordinance offering a franchise to operate a
railroad spur crossing to Union Pacific
Railroad, as recommended by the Public Works/
Planning Committee, and as required by law.
This crossing is located on 196th Street in the
vicinity just east of the Green River.
CLARK MOVED to approve the introduction and
publication of the U.P.R.R./196th Street
Franchise Ordinance as required by law. Woods
seconded and the motion carried.
TECHNOLOGY (OTHER BUSINESS - ITEM 4C)
PLAN 1998-2000 Technology Plan, The 1998-2000
Technology Plan is the blueprint for guiding a
comprehensive upgrade in the City's use of
_technology. Included in the plan are upgrades
to wiring, networks, hardware, software,
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Kent City Council Minutes April 21, 1998
TECHNOLOGY staffing and training. Details are provided in
PLAN the agenda packet materials. Due to the press-
ing issues of withdrawal of support for the
finance/payroll systems and other Year 2000
compliance problems, staff recommends immediate
approval of the plan and authorization to
proceed.
BROTHERTON MOVED that the Council approve the
1998-2000 Technology Plan as amended by
eliminating the Centennial Center telephone
switch for a savings of $108, 000 and adding
$26, 000 to the reserve for the minicomputer/
application server project; to establish a
project budget of $12, 745, 000 to issue LTGO
(Councilmanic) bonds in an amount not to exceed
$7 million to partially fund implementation of
the plan; to amend the 1998 Operating Budget by
$442 , 000 to provide for additional staff and
equipment as outlined in the plan; to authorize
the Mayor to enter into contracts with TMC Group
for telephone system consulting, Moss Bay for
network design consulting, and COMP USA for
employee training services; and to authorize the
Mayor subject to the City's purchasing rules for
bidding, RFP and RFQ requirements, to sign pur-
chase orders without further Council approval in
amounts up to $50, 000 for purchases made in
implementation of the Technology Plan as
approved. Woods seconded.
Upon Woods ' question, Brotherton explained that
the telephone switch for the Centennial Center
is not necessary now and could be added later at
no additional expense if the population in the
building grows. He said the reserve for the
remodeling process in City Hall seems too small,
and that the items up to $50, 000 which the Mayor
would be authorized to sign for would have
already been discussed. He noted for Orr that
equipment will arrive in groups, and this would
avoid having to get each piece authorized,
resulting in delays. He reiterated that it
would already have been authorized, and noted
that anything over $50, 000 would come back to
Council for approval.
McFall explained for Amodt that the Councilmanic
_bonds would be for 7-10 years, and that items
which have a life span at least that long would
be financed by the bonds. Upon Amodt's question
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Kent City Council Minutes April 21, 1998
TECHNOLOGY about the $50, 000 authorization, Clark explained
PLAN that as smaller parts come in, they could simply
be signed off on. McFall noted that normally
the Mayor has signing authority up to $25, 000,
and that Brotherton's motion would simply raise
that amount to $50, 000 for this project in order
to expedite the process. He said many single
items or groups of items would be in the
$25, 000-$50, 000 range, and emphasized that
competitive processes would be used to get the
best prices possible, as is the normal practice.
Epperly noted that what is being discussed
tonight is a plan and that each part has to come
back in the form of a bid. She pointed out that
the figures could come back lower. Orr asked
what would be done with any unused funds, and
McFall stated that they would be available to
fund a portion of the next phase of this pro-
ject or could be used to fund other capital
projects, after being rebudgeted for that pur-
pose. Mulholland noted for Orr that figures for
Phase 2 are not available, but that public
safety is an area of need, as well as utility
billing. Amodt voiced concern about the cost
and the short time frame for reviewing the plan.
Orr reiterated her concern about approval of up
to $50,000, and the assurance that items up to
that amount will have already been approved by
the Council, and will not be something that does
not go out to bid or come to Council first.
Mulholland said it is her understanding that
Council's approval of the plan authorizes staff
to seek the products, and if they come back at a
price higher than $50, 000 Council must give
final approval. She stated that some consulting
fees and some server network pieces could be
between $25, 000 and $50, 0001 but that the major
network components, the business systems, and
the consultant for the Police Technology Plan
will most likely be over $50, 000. McFall
offered to report to Council on all of those
items, and Orr agreed that they should be
apprised at every step of the way.
Orr offered a friendly amendment to remove the
approval of up to $50, 000 from Brotherton's
_motion. Epperly seconded. Brotherton did not
accept the friendly amendment, noting the issue
of timing. He said he feels some of Orr's
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Kent City Council Minutes April 21, 1998
TECHNOLOGY concerns can be alleviated by regular progress
PLAN reports.
ORR MOVED to amend the motion to remove the
approval of up to $50, 000. Epperly seconded.
Yingling spoke in opposition to Orr's motion,
noting the many time-critical issues. Brubaker
noted for Orr that if in the future Council does
not agree with the way the process is working,
the $50, 000 limitation could be reduced back
down to $25, 000 by motion. Brotherton noted for
Amodt that it is possible that a Council meeting
would not be held for as much as thirteen days
after a bid opening, delaying approval. Clark
noted that the plan is very detailed and that
raising the amount would expedite the process.
Orr' s motion to amend then failed with Amodt,
Epperly and Orr in favor, and Brotherton, Clark,
Woods and Yingling opposed.
Brotherton' s motion then carried unanimously.
APPOINTMENTS (CONSENT CALENDAR - ITEM 3J)
Transit Advisory Board Appointments. CONFIRMA-
TION of the Mayor' s reappointment of Mike
Etzell, Paul Hammerschmidt, and Perry Woodford
to continue serving as members of the Kent City
Transit Advisory Board. Their new terms will
continue until 4/30/2000.
(CONSENT CALENDAR - ITEM 3N)
Civil Service Reappointment. CONFIRMATION of
the Mayor's reappointment of Tim Gimenez to
continue serving as a member of the Kent Civil
Service Commission. Mr. Gimenez ' new term will
continue until 4/30/2004 .
PARKS & (CONSENT CALENDAR - ITEM 3C)
RECREATION Performing Arts Center Budget Adiustment.
AUTHORIZATION to transfer $50, 000 of unallocated
funds from the City budget to the Performing
Arts Center budget for the development of a
public relations plan and to update the business
plan for the Kent Civic Performing Arts Center.
On April 7, 1998 , John Hodgson and Don Campbell,
representing the Kent Civic and Performing Arts
Center Board, updated the Parks Committee on the
_progress of the proposed Performing Arts Center
plan. They indicated a need to increase public
knowledge and solicit support throughout the
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Kent City Council Minutes April 21, 1998
PARKS & community, and noted the outdated business plan.
RECREATION An estimated $50, 000 was requested to cover
costs to develop a public relations plan and
update the business plan.
(CONSENT CALENDAR - ITEM 3D)
Skatepark Irrigation Transfer Of Funds.
AUTHORIZATION to transfer $6, 600 from the
Youth/Teen budget to the Skatepark budget for
installation of an irrigation system and
drinking fountain at the downtown Skatepark.
At the April 7, 1998 , Parks Committee meeting,
Lori Flemm, Superintendent of Park Planning &
Development, explained the necessity of install-
ing an irrigation system and water fountain at
the downtown Skatepark. A transfer of $6, 600
from the Youth/Teen budget is needed to cover
the base bid and WSST.
(OTHER BUSINESS - 4E)
Golf Course Improvements Change Order. The
Parks and Recreation Department recently
contracted to have stall nets erected at the
Riverbend Golf Complex Driving Range to reduce
balls going over the net. During the course of
their work, the contractor found areas of the
older range net system that need to be improved
for safety and stability reasons. The Parks
Director recommends proceeding with these safety
improvements.
WOODS MOVED to approve a Change Order in the
amount of $14, 504 , plus Washington State Sales
Tax, to make safety improvements to the netting
at the Riverbend Golf Complex Driving Range.
Orr seconded and the motion carried.
FINANCE (CONSENT CALENDAR - ITEM 3B)
AuRroval of Bills. APPROVAL of payment of the
bills received through March 31 and paid on
March 31, 1998, after auditing by the Operations
Committee on April 14, 1998.
Approval of checks issued for vouchers:
Date Check Numbers Amount
3/31/98 197879-198099 $ 236, 361. 18
._3/31/98 198100-198500 1, 638 , 198. 25
$1,874 , 559.43
8
Kent City Council Minutes April 21, 1998
FINANCE Approval of checks issued for payroll for
March 16 through March 31 and paid on April 3 ,
1998:
Date Check Numbers Amount
4/3/98 Checks 226622-226897 $ 235,807.25
4/3/98 Advices 56803-57337 719 , 310. 63
$ 955, 117 .88
REPORTS Council President. Orr reminded Councilmembers
of the Suburban Cities dinner to be held at the
River Rock Cafe on April 29 and asked those
interested to contact Ms. Banister.
Orr announced new Council Committees as follows:
Public Works/Plannin4
Tim Clark, Chair
Tom Brotherton
Rico Yingling
Operations
Judy Woods, Chair
Tim Clark
Sandy Amodt
Parks
Judy Woods, Chair
Connie Epperly
Rico Yingling
Public Safety
Connie Epperly, Chair
Tom Brotherton
Sandy Amodt
Orr asked that Councilmembers attend their
former Committee meetings during April, and
noted that the new committees will begin in May.
EXECUTIVE At 7: 37 p.m. , McFall announced an executive
SESSION session of approximately 15 minutes to discuss
property acquisition.
The meeting reconvened at 7: 52 p.m.
Property WOODS MOVED that the Mayor be authorized to
Acquisition enter into a Purchase and Sales Agreement with
_Ben C. and Kazuko Kay Estes in the amount of
$358 , 000. 00 for the property commonly known as
9
Kent City Council Meeting
Date May 5. 1998
Category Consent Calendar
1. SUBJECT: LID 340, S. 196TH/200TH STREET CORRIDOR PROJECT -
RESOLUTION SETTING HEARING DATE
2 . SUMMARY STATEMENT: As recommended by the Public Works/
Planning Committee, adoption of Resolution No. /5�_ setting
the public hearing date for June 2nd to establish the formation
of LID 340 - S. 196th/200th Street Corridor.
3 . EXHIBITS: Public Works/Planning minutes, Public Works Director
memorandum, and 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 moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3C
DEPARTMENT OF PUBLIC WORKS
Mav 1, 1998
TO: Mayor &-City Counci
FROM: Don Wickstrom, ublic Works Director
RE: LID 340 - S 196th/200th St Corridor Improvement
Green River to East Valley Highway
As a point of information, since the Public Works Committee's recommendation to
place this on Council agenda, the appraiser completed the revision to the benefit study
on 4/30/98. As a result, the amount of property assessment has changed and a
corresponding adjustment of City funds have been made. The attached LID boundary
map reflects those adjustments.
DEPARTMENT OF PUBLIC WORKS
April 1, 1998
TO: Public Works Committee
FROM: Don Wickstrom
RE: LID 340 - S. 196th/200th St. Corridor Improvement
Green River to East Valley Highway
Background
The proposed South 196th/200th Street Corridor improvements have been identified and
referenced as a necessary link in the valley's transportation network for over a decade by
both the City and King County. It has been included on the City's six year transportation
improvement plan since 1984, and has been included in the County's Comprehensive
Plans, Transportation Plans and Transportation Needs Reports since 1985.
Environmental review on the project progressed from 1993 through 1996 and final design
and construction have commenced since then.
This project has become increasingly crucial to meeting the City's transportation
concurrency requirement due to the rapid development of the valley. This project will
provide a new link to 1-5 by constructing a new ENV arterial connecting Orillia Rd. to West
Valley Highway (SR 181) and to East Valley Highway. Further it provides the only grade-
separated arterial crossing of both UPSP and BNSF railroad tracks in the City.
With construction of the Green River Bridge now well underway, the County portion of the
corridor scheduled to open for bids in April, and the City portion advancing into final design,
it is time for the City to proceed with the LID formation. Per preparation on the L.I.D. the
City hired Bruce Allen &Associates, Real Estate and Appraisal firm, to do a special benefit
analysis of the project as it pertains to property values. From that the LID assessments
were distributed in accordance to the benefits received. A notice to the property owners
of the project and what their potential assessment would be was mailed out on March 9th
(see attached map for LID boundary). On March 25th an informal property owner's meeting
with the affected property owners was held to discuss the project and answer any
questions. Approximately fifty of the 260 property owners who received their said notice
attended the meeting.
The meeting began with an introduction to the project and the special benefit analysis by
City staff and our consultants. It was followed by a general question and answer session
and finished with addressing specific questions on an individual basis. The majority of the
questions pertained to how the Allen Co. arrived at the assessment amounts. It was
commonly understood that the new arterial corridor was needed to allow commerce to
continue in this industrial area of the valley.
Proposed Improvements
The proposed project involves the construction of an arterial corridor from the Green River
at S. 200th St. northeasterly along Russell Rd. to S. 196th St. and then easterly along S.
196th St. to East Valley Highway.
The project includes the following improvements:
1. A five lane roadway with bicycle lanes, sixty six feet curb to curb, with two lanes in
each direction and a center turn lane in all areas except the two bridges.
2. Curb and gutter.
3. Cement concrete sidewalk on both sides.
4. Storm drainage improvements.
5. Street lighting improvements.
6. Landscaping.
7. Utility modifications as required.
8. Channelization and signing.
9. Bridge over the Green River (half is paid for by the City, half by the County).
10. Bridge over the Union Pacific and Burlington Northern Santa Fe railroads.
11. Realignment of 58th Place and Russell Rd. to a new signalized intersection.
12. Construction of a four lane connection northerly to 72nd Avenue.
13. Signalization at 80th Ave.
14. Signalization of the S. 196th St./E. Valley Highway intersection.
Project Funding
The project is proposed to be partially funded by the Local Improvement District (Number
340), State Transportation Improvement Board Grants and City funds. The funding
breakdown, based on the current cost estimate, is as follows.
LID assessments $20,911,300
TIB Grant $11,533,700
City Street Fund $6,776,700
Interest Revenue $435,000
Other City Participation (Councilmatic bond issue) $3.384,700
Total $43,042,400
Tentative Construction Schedule
1. S. 200th St. - Orillia Rd. to the Green River (County portion) - Summer and Fall, 1998.
2. Green River Bridge - currently under construction; completion in August, 1998.
3. Russell Rd./S. 196th St. between the Green River and West Valley Highway - Summer
and Fall, 1998.
4. Bridge over the Union Pacific and Burlington Northern Railroad tracks - 1999 and 2000.
5. S. 196th St. between West Valley Highway and East Valley Highway excluding the
bridge - Summer and Fall, 2000.
Support for LID 340
To defeat an LID proposal, there must be protests from property owners representing 60
percent or more of the proposed LID assessments. By law, any assessment on City
properties cannot be included in figuring the protest percentage.
Of the $20,911,300 proposed LID amount, 51% is obligated to participate in this LID via
executed no-protest agreements. The final decision on whether to form the LID is to be
made by the City Council.
Recommendation
Due to the level of support by agencies and citizens including financial support by the State
and commitments by agreement with a large percentage of the property ownership in the
area, as well as the fact that this project is a significant element for meeting the City's
concurrency requirement within this industrial area, the Public Works Department
recommends proceeding with LID formation process for LID 340.
ACTION: Recommend to full Council passage of the Resolution of Intent for the
creation of LID 340 which sets June 2, 1998 as the public hearing date on
the said L.I.D. formation.
Preliminary LID Boundary
14 J I 1 tau 51
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S 196 ST
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S 204 ST a;', Boeinq
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S 228 ST
LID 340
196TH/200TH STREET ARTERIAL CORRIDOR IMPROVEMENT
�nd/277th Corridor (House Mnvr .4„*�, rizat�onl
Wickstrom said this is a house the City purchased some time ago and since we are in the
midst of our 277th Corridor project we have to move it. Pierce County Housing
Authority has asked to take the house; it would cost us $12,000 to get rid of it and we
would like to declare it surplus at zero value and negotiate a deal with them to relocate
or dispose of it.
Committee unanimously recommended declaring the house at 11459 SE 266th St as
surplus with zero value and authorize the Public Works Director to dispose of same.
LID 40 - S. 196t 200th St Corridor Improvement Green River to-East-Vall-ey H
wv
Wickstrom explained that we had our informal public meeting; about 50 of the 260
property owners attended. He said that we are asking for approval to move forward and
pass a resolution which sets a hearing date on the creation of the LID. There will be an
actual hearing; all the property owners have received their assessments. Wickstrom said
we are requesting May 19th for the public hearing date.
Joyce Barrier, a property owner included in the LID stated the following: She has talked
with a number of property owners involved in this and none of them feel that they are
benefiting from this LID. They feel the only ones who are benefitting are the East Hill
and West Hill residents as a transportation improvement. Mr. Bamier said several
property owners feel this is not their sole responsibility.
Wickstrom disagreed with Ms. Barrier's statement. He said this is in the industrial area;
the road is from East Valley Highway to Orillia Road to service the major industrial area.
He stated that Ms. Barrier's property is being excluded because it is wetland. Ms.
Barrier said she never received any notice that she was excluded. Wickstrom explained
that we are re-working the boundaries; this is a very big LID and Ms. Barrier's property
is being excluded because it is in the farmland, open space designation plus, it is shown
as wetland and that was one of the criteria for not being assessed. Ms. Barrier will not
be in the actual LID when it is formed. Wickstrom again stated that it is strictly for the
benefit of the industrial area; we have over 5I% of signed agreements committing to this
project which was conditioned as part of their development; they could not develop
unless they had concurred; executed an agreement to participate and, pay a portion of
this project because it relieves their traffic impact on the City system. He stated that
without this road there is no concurrency in the area. Council has adopted this project;
it's part of the transportation plan which identifies this as a needed element of the
concurrency plan. Without this, there will be no new development because we can't meet
the 6 year time frame in order to comply with our road service levels. Wickstrom said
this is a very critical element for servicing. He said all the properties are zoned industrial
in the area; Boeing is big property owner that fronts on this project. It also provides the
3
only grade separated crossing of the railroad tracks throughout the entire valley; from
15th N.W. in Auburn up to 405 in Renton. Wickstrom again said it has much more of
a benefit than serving the East Hill; it doesn't go to the East Hill at this stage. That's
another project in the future. It services the industrial traffic out of the valley and into
the valley floor.
Committee unanimously recommended that Council pass the Resolution of Intent for
the creation of LID 340 which sets May l9th as the public hearing for the LID
formation.
Condemnation - 196th/200th Street Corridor Project
Wickstrom explained that we are seeking condemnation authority for a portion of the
196th Street Corridor project in the vicinity of 196th St & UPSP rail tracks. The
parties responsible for the Western Processing cleanup site are proposing to place the
final cap on it this year and if they do so, we would want them to put in the preload for
the westerly ramp of the bridge that will cross the track and have them do it as one piece.
We already have condemnation authority so that is not the issue. The issue here is, we
subsequently found that on the legal description for Coluccio's property involved in the
condemnation ordinance, is short in terms of the description of the take; the County had
us put bike lanes on it from the original plans which didn't include bike lanes; on a
revised plan they want bike lanes that required more take off Coluccio's property. He
said we need to amend the ordinance to reflect this.
Committee unanimously recommended adoption of the respective amendment to the
condemnation ordinance and add property to take same.
UPRR Spur Crossing - Ordinance
Brubaker stated that the City is involved in litigation with Toys R Us and Union Pacific
Railroad regarding this spur crossing at 196th St to access the Toys R Us property. He
said that the action we have before the IGng County Superior Court is to get a
judgement that essentially says, Union Pacific asks us for a franchise before it builds its
spur crossing across our road, so they can have the property rights to come across our
road. Brubaker stated we asked the court to declare since that franchise has expired,
their property rights have expired. We are not petitioning to close the crossing, we are
just trying to clarify ownership interest in this crossing. He said that as part of that
litigation, we want to clarify procedures with Union Pacific. First, this is a 1981
franchise which states in the ordinance that it has expired. Brubaker also clarified that
the franchise we extended to Union Pacific Railroad last December, which they did not
accept, has also expired by its term.
Committee unanimously recommended the approval of the UPRR Spur Crossing
Ordinance.
4
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent. Washington, declaring its intention to
order the construction of an arterial corridor from the
Green River at S. 200th Street northeasterly along
Russell Road to S. 196th Street and then easterly
along S. 196th Street to the East Valley Highway, and
to create a local improvement district to assess a part
of the cost and expense of carrying out those
improvements against the properties specially
benefited thereby, and notifying all persons who
desire to object to the improvements to appear and
present their objections at a hearing before the City
Council to be held on June 2, 1998.
WHEREAS, for nearly 20 years, regional plans have identified 196t' Street as a
future major arterial route essential for development for the Kent Valley industrial area.
Construction of the 196t'/200'h arterial will provide for that development, and a much needed east-
west access route from East Valley Highway to Orillia Road and 1-5; and
WHEREAS, the lack of an adequate east-west arterial system results in severe traffic
congestion during peak hours. The only current accesses to I-5 are by S. 212'h and S. 1801' Streets,
both streets compromised by two railroad crossings. The 196`"/200'h arterial will relieve some of
this congestion, and provide rail separation for key intersections.- and
WHEREAS, the City will pay a share of the project costs and plans to obtain grant
funds to pay additional project costs. The remaining cost is to be assessed against the property
specially benefited by the improvements to be included in a local improvement district. The local
improvement district is to include as nearly as practicable all the properties specially benefited by
the 196ffi/200ffi arterial improvements;
"CITYHALL\USERSU.A%"UBLICU.AW\RESOLUTPwmwc.doc 1
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KENT, WASHINGTON, as follows:
SECTION 1. It is the intention of the City Council of the City of Kent, Washington,
to order the improvement of the properties within the area described in Exhibit A, attached hereto
and by this reference made a part hereof, by the construction of an arterial corridor from the Green
River at S. 200th Street northeasterly along Russell Road to S. 196th Street and then easterly along
S. 196th Street to the East Valley Highway, as more fully described in Exhibit B, attached hereto
and by this reference made a part hereof.
All of the foregoing improvements shall be in accordance with the plans and
specifications therefor prepared by the Director of Public Works of the City, or consultants of the
City, and may be modified by the City as long as that modification does not affect the general
purposes of the improvements.
SECTION 2. The total estimated cost and expense of the improvements is declared
to be $43,041,386.00. It is estimated that approximately $11,533,725.00 of that cost and expense
shall be paid by the proceeds of grants anticipated to be received from the State of Washington
Transportation Improvement Board, and from City fiznds to be contributed in the anticipated total
amount of$10,473,440.00, and that the estimated balance thereof, approximately $21,034,221.00,
shall be bome by and assessed against the property specially benefited by the improvements to be
included in a local improvement district to be established embracing as nearly as practicable all the
property specially benefited by the improvements. Actual assessments may vary from estimated
assessments as long as they do not exceed a figure equal to the increased true and fair value the
improvements add to the property.
SECTION 3. The City Clerk is authorized and directed to give notice of the
adoption of this resolution and of the date, time and place fixed for the public hearing to each
owner or reputed owner of any lot, tract, parcel of land or other property within the proposed
local improvement district by mailing such notice at least 15 days before the date fixed for public
hearing to the owner or reputed owner of the property as shown on the rolls of the King County
Assessor at the address shown thereon, as required by law.
'dCITYHALL\USERS\LAWTUBLIC\LAWVdESOLUrrn.smc doc 7
This resolution also shall be published in its entirety in at least two consecutive
issues of the official newspaper of the City, the date of the first publication to be at least 15 days
prior to the date fixed for the public hearing.
SECTION 4. All persons who may desire to comment in support of or object to
the improvements are notified to appear and present those comments or objections at a hearing
before the City Council to be held in the Council Chambers in the City Hall at 220 Fourth
Avenue S. in Kent, Washington, at 7:00 p.m. on June 2. 1998, which time and place are fixed for
hearing all matters relating to the improvements and all comments thereon or objections thereto
and for determining the method of payment for the improvements. All persons who may desire
to comment thereon or object thereto should appear and present their comments or objections at
that hearing. Any person who may desire to file a written protest with the City Council may do
so within 30 days after the date of passage of the ordinance ordering the improvements in the
event the local improvement district is formed. The written protest should be signed by the
property owner and should include the legal description of the property for which the protest is
filed and that protest should be delivered to the City Clerk.
SECTION 5. The City's Director of Public Works is directed to submit to the
City Council on or prior to June 2, 1998, all data and information required by law to be
submitted.
PASSED at a regular open public meeting by the City Council of the City of Kent,
Washington,this 5th day of May, 1998.
CONCURRED in by the Mayor of the City of Kent this day of May, 1998.
JIM WHITE, MAYOR
\\CITYHALL\USERSU.A\Y\PUBLIC,LAWUtESOLUTI\wnsuuc doc 3
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
FOSTER PEPPER& SHEFELMAN PLLC
Special Counsel and Bond Counsel
I, BRENDA JACOBER, City Clerk of the City of Kent. Washington, certify that the
attached copy of Resolution No. is a true and correct copy of the original resolution
adopted on the 5th day of May, 1998, as that resolution appears on the Minute Book of the City.
DATED this day of May, 1998.
BRENDA JACOBER, City Clerk
\\CITYHALLWSERSU.ANMUBLIC\LAW\RESOLUTf.conswcdoc 4
EXHIBIT 'A'
LID BOUNDARY DESCRIPTION
LID 340
April 15, 1998
All of Section 1, Township 22 North, Range 4 East W.M., AND portions of Sections 2, 11, 12 and
14 in Township 22 North, Range 4 East W.M., AND ALSO portions of Sections 35 and 36 in
Township 23 North, Range 4E W.M., AND ALSO portion of Sections 6 and 7 in Township 22
North, Range 5 East W.M., AND ALSO portions of Section 31, Township 23 North, Range 5 East
W.M., described as follows:
Beginning at the intersection of the westerly margin of Primary State Highway No. 5 with the south
margin of SW 43rd Street in the NE 1/4 of Section 31, Township 23 North, R 5 East; being TRUE
POINT OF BEGINNING, thence west along said southerly margin to a point of intersection with
the easterly margin of SR 181 (West Valley Road) in the NW 1/4 of Section 36,Township 23 North,
Range 4 East, W.M., thence southerly along said easterly margin to a point of intersection with the
easterly extension of the north line of Block 1, South Center Corporate Park according to the plat
thereof recorded in Volume 114 of Plats, pg 36-42; thence westerly along said extended north line
to a point of intersection with the easterly bank of the Green River in the SE 1/4 of Section 35,
Township 23 North, Range 4 East, W.M.; thence upstream along the left bank of said river to the
south line of the NW 1/4 of Section 2, Township 2 North, Range 4 East, W.M.; thence east along
said south line to the easterly margin of Russell Road (co. R. No. 8); thence southerly along the
easterly margin of said Russell Road within Section 2 & 11, Township 22 North, Range 4 East,
W.M., to a point of intersection with the north margin of South 212th Street (Road No. 22 to
O'Brien); thence east along said northerly margin to intersect the northerly extension of the west line
of City of Kent SP 89-10 recorded under King County Recording No. 8910241400; thence south
along said extended west line to the sw corner of Lot 2 of said short plat; thence east along the south
line of said Lot 2 and the easterly extension thereof to intersect the east margin of 64th Ave. So.;
thence south along said east margin within Sections 11 & 14, Township 22 North, Range 4 East,
W.M.,to the nw comer of Lot 4 of City of Kent SP 86-4 recorded under King County Recording No.
8606301093; thence easterly along said northerly line 185.66 feet; thence continuing north easterly
along said north line 219.99 feet, thence south 0050'46" west 86.68 feet, thence south 89°09'14" east
93.00 feet; thence south 0050'46" west 525 feet to a point of intersection with the north margin of
South 228th Street (Taylor Road 9124); thence east along said north margin 640.60 feet to the
northwesterly line of Tract A City of Kent SP 86-4 recorded under King County Recording No.
8606301093; thence north 45°15'41" east along said northwesterly line 146.54 feet to intersect the
west margin of SR 181 as shown on said short plat; thence north along the west margin of said SR
181 to a point of intersection with the westerly extension of the north margin of South 220th Street;
thence east along said westerly extension and along the north margin of said South 220th Street
within Section 12, Township 22 North, Range 4 East, W.M. to an intersection with the westerly
T/MV98117- Page I oft April 15. 1998
margin of 72nd Avenue South; thence north along said westerly margin to a point on the north line
of the SW 1/4 of Section 12, Township 22 North, Range 4 East, W.M.; thence east along the north
line of said SW 1/4 to intersect the west margin of 76th Avenue South; thence south along said west
margin 445 feet to a point of intersection with the westerly extension of the south line of Lot C of
City of Kent LLA No. 96-25; thence east along said extension and along the south line of said Lot
C to a point on the westerly margin of N.P.R.R. right-of-way; thence northerly along said westerly
margin to a point 52 feet north of the north line of the SW 1/4 of the NE 1/4 of Section 12,Township
22 North, Range 4 East, W.M.; thence east to a point on the east margin of said N.P.R.R. right-of-
way which is 52 feet north of said SW 1/4 of NE 1/4 in said Section 12; thence north along said east
margin 29.77 feet to the north line of the Green River Flood Control Zone Drainage District right-of-
way as described in instrument recorded under King County Recording No. 6417480; thence easterly
along said north margin and the easterly extension thereof to a point of intersection with the easterly
margin of P.S.H.No. 5 (84th Avenue South);thence south along said easterly margin to a point lying
south 88°42' west 490.64 feet from a point which is 767.42 feet north and 540.64 feet east of the SW
corner of the NW 1/4 of Section 7, Township 22 North, Range 5 East, W.M.; thence north 88042'
east 490.64 feet to said point; thence north 1115'10" east to a point on the north margin of South
212th Street; thence easterly along said north margin to intersect the westerly margin of Primary
State Highway No. 5; thence northerly along said westerly margin of said highway the point of
beginning; EXCEPT that portion within the NW 1/4 of Section 7 Township 22 North, Range 5 East.
W.M., conveyed to the State of Washington by deed recorded under King County Recording No.
8503220815; ALSO EXCEPT any portions within this description lying within any public rights-of-
way and lying within any portions of King County Drainage District No. 1 rights-of-way.
T/MV98117-Page 2 of 2 April 15. 1998
EXHIBIT "B"
LID 340
S. 196th/200th St. Corridor Improvements
Green River to East Valley Highway
Proposed Improvements
The proposed project involves the construction of an arterial corridor from the Green River
at S. 200th St. northeasterly along Russell Rd. to S. 196th St. and then easterly along S.
196th St. to East Valley Highway.
The project includes the following improvements:
1. A five lane roadway with bicycle lanes, sixty-six feet curb to curb, with two lanes in
each direction and a center turn lane in all areas except the two bridges.
2. Curb and gutter.
3. Cement concrete sidewalk on both sides.
4. Storm drainage improvements.
5. Street lighting improvements.
6. Landscaping.
7. Utility modifications as required.
8. Channelization and signing.
9. Bridge over the Green River (half is paid for by the City, half by the County).
10. Bridge over the Union Pacific and Burlington Northern Santa Fe railroads.
11. Realignment of 58th Place and Russell Rd. to a new signalized intersection.
12. Construction of a four lane connection northerly to 72nd Avenue.
13. Signalization at 80th Ave.
14. Signalization of the S. 196th St./E. Valley Highway intersection.
008798mp.196
Kent City Council Meeting
Date May 5. 1998
Category Consent Calendar
1. SUBJECT: UNION PACIFIC RAILROAD/196TH ST. SPUR CROSSING
FRANCHISE - ORDINANCE
2 . SUMMARY STATEMENT: As recommended by Council, adoption of
Ordinance No. 3q D a which authorizes the operation of a
railroad spur crossing to Union Pacific Railroad. This
crossing is located on 196th Street in the vicinity just east
of the Green River.
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: Council 4121/98
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $ _
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3D
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, granting to the Union Pacific Railroad
Company, a Utah corporation, its successors and assigns,
the right, privilege and authority to construct, maintain and
operate a railroad spur track upon and across South 196th
Street in the City of Kent. King County, Washington.
WHEREAS, pursuant to the terms of a franchise ordinance of the City of
Kent (Ordinance 2309), passed on September 8, 1981, the Union Pacific Railroad
Company, a Utah Corporation ("UPRR") constructed, maintained and operated a railroad
spur track at common grade upon and across South 196th Street in the City of Kent, the
centerline of said street in the North 1/2 of Section 2, Township 22 North, Range 4 East,
W.M., located in King County, Washington; and
WHEREAS, Ordinance 2309, by the terms of its Section 10, was effective
as a franchise grant to UPRR for ten years; and
WHEREAS, on or about October 13, 1991, the franchise granted in
Ordinance 2309 expired by the terms of Section 10 of that Ordinance; and
WHEREAS, on December 9, 1997, the City passed its Ordinance No. 3380,
which extended a new franchise offer to UPRR for ten years, subject to acceptance by
UPRR within thirty days of passage; and
WHEREAS, UPRR did not accept the franchise offered by Ordinance No.
3380, therefore voiding that Ordinance before it came into effect, and
WHEREAS. UPRR has been operating and continues to operate the
subject spur crossing without a franchise; and
WHEREAS, the City of Kent has determined to re-extend this
modified franchise ordinance for UPRR's acceptance; and
WHEREAS, this franchise ordinance was first introduced at the
regular City
Council meeting held on April 7, 1998; and
WHEREAS. passage of this franchise ordinance is now appropriate,
and
WHEREAS, a separation of grade of said crossing is neither
practicable or justified; NOW, THEREFORE.
THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are incorporated into this
Ordinance as if fully set forth herein.
SECTION 2. The City of Kent, Washington, ("City") grants to the
Union Pacific Railroad Company, a Utah Corporation. its successors and assigns
("UPRR"), subject to all conditions contained in this ordinance, the franchise and
privilege of maintaining and operating one railroad spur track and crossing at
common grade upon and across South 196th Street in the City of Kent.
Washington, at the location described in Exhibit A (the "franchise area"), provided
that the maintenance and operation of this track and crossing within the franchise
area shall be performed in a manner consistent with the terms and conditions of this
franchise ordinance and satisfactory to the City's Public Works Director and any
other applicable authority.
SECTION 3 UPRR, throughout the ten-year franchise term and at no cost
to the City, shall maintain and operate the track and crossing within the franchise area at
common grade with South 196th Street as it now exists, subject to the following:
(a) If necessary at any time during the ten-year franchise term, UPRR shall
alter, at no cost to the City, the track and crossing within the franchise area to maintain the
common grade should the City determine to change the street or grade in any manner.
UPRR's obligation to alter the track and crossing within the franchise area exists even
though that alteration may also affect adjoining or connecting track(s) and any property
and/or property rights either north or south of the crossing. Accordingly, should UPRR's
alteration of the track and crossing within the franchise area require alterations to any
track(s) or impact any property or property rights north and/or south of the franchise area.
UPRR shall, at no cost to the City, alter the track(s) north and/or south of the franchise area
and shall further compensate or mitigate all impacts to any private property rights impacted
by that alteration.
(b) The City has determined, and UPRR acknowledges, that the public use
and necessity require that the City alter the configuration and grade of South 196th Street
as it exists on the date of this ordinance in some or all of(but not limited to)the following
ways: location, width, elevation, and super elevation. UPRR also acknowledges that the
precise changes contemplated for South 196th Street may change after the date of this
ordinance. Further, the City and UPRR have determined that, in conjunction with changes
contemplated for South 196th Street, UPRR will alter not only the track and crossing
3
within the franchise area, but also the track(s) north and south of the crossing.
Additionally, UPRR shall alter its track and crossing (including any and all track that
requires alteration either north or south of the street) at no cost to the City. Design
possibilities for alterations of the crossing, and for alterations of track both within the
crossing and north and south of the street, have been discussed by the City and UPRR, but
have not yet been finalized. The City's Public Works director must ultimately approve the
design of any alteration to the track or crossing before UPRR commences construction.
UPRR shall coordinate construction of the planned alterations to its track and crossing with
the City so as not to delay the City's plans for the street. In any event. UPRR shall
complete its spur track work no later than the date the City completes its work on South
196th Street, unless the City gives its written approval to UPRR extending the time for the
spur work.
(c) This franchise shall not prevent UPRR from charging any other party
to which UPRR may have granted or assigned an interest in this track, crossing or franchise
all or a portion of the cost of maintaining, operating or altering this track and crossing,
whether within or without the franchise area.
SECTION 4. UPRR, at its sole expense, shall replace the existing crossing
pad, or any future crossing pad that may be installed. with a crossing pad of a type and
design approved by the City's Public Works Director across the entire right-of-way,
including sidewalks, when requested by the City. UPRR shall install signalized gate arms
at the track and crossing upon the City's request. UPRR shall install the crossing pad or
gate arms within six(6) months from the date it receives notification from the City to make
these changes; however, if these changes are subject to prior authorization from the
Washington Utilities and Transportation Commission("WUTC"), then this six (6) month
time period shall apply from the date of WUTC authorization or approval.
4
UPRR's failure to install these items within this six (6) month period shall
immediatelv terminate this franchise ordinance, with no notice required. and UPRR, its
customers, agents and assigns, shall immediately lose all right and authority to use the track
and crossing within the franchise area. Accordingly, the City may, at its sole option,
restrict, block, close or remove the track and crossing within the franchise area.
SECTION S. UPRR shall not store railroad cars within the franchise area,
nor shall UPRR stop cars within the franchise area for switching operations, nor shall
UPRR use the franchise area in any manner that unreasonably interferes with travel within
the City's right of way. Moreover, UPRR shall not allow railroad traffic to utilize the
franchise area from 6:00 a.m. to 9:00 a.m. and 3:00 p.m. to 6:00 p.m. daily. However,the
City's Public Works Director is authorized to shorten or remove these time restrictions.
either permanently or temporarily, if he or she determines, in his or her sole discretion, that
modification of these time restrictions would not impair the public health, safety and
welfare.
SECTION 6. The City maintains the same control over South 196th Street
within this franchise area as it has over other public streets within the City's jurisdiction.
This franchise shall not restrict the rights of the City or other franchise holders in the City
to enter upon South 196th Street within the franchise area for the purpose of locating,
relocating, constructing, maintaining, repairing, or removing any public works, utilities, or
facilities within, under or over the franchise area, but this work shall not unnecessarily
interfere with the movements of railroad traffic over the franchise area.
SECTION 7. The City may require signalization, gates, sawbucks, signs,
or other traffic flow control, warning or protective devices or measures to protect the public
health and safety. UPRR shall construct, operate and maintain these requirements at no
cost to the City. Further, UPRR will construct or install these requirements promptly, but
in any event within six months from the date the City issues its requirements; however, i
approval of these requirements is subject to prior authorization from the WUTC, then this
six month time period shall apply from the date of WUTC authorization or approval.
SECTION 8. UPRR shall defend, indemnify and hold the City, 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 franchise ordinance, but only to the extent of
UPRR's negligence or comparative fault. This indemnification includes liability for
crossing design, signalization design, and/or maintenance. and road maintenance within the
crossing area. It also includes any failure or omission on the part of UPRR to perform any
action required by this franchise.
The City's inspection or acceptance of any of UPRR's work when
completed shall not be grounds to avoid any of these covenants of indemnification.
No act, inspection, approval or omission by the City shall affect UPRR's
obligation to fully defend, indemnify and hold harmless the City, its officials, officers,
employees, agents and volunteers.
UPRR's obligation to defend. indemnify and hold the City harmless shall
survive the expiration or termination of this franchise ordinance.
SECTION 9. Nothing granted in this franchise shall release UPRR from
obtaining all permits or other authorizations required by the City to maintain, operate,
repair or alter the track and crossing either within or without the franchise area or to do any
of the work contemplated by this franchise ordinance.
SECTION 10. Except for automatic termination provisions established
elsewhere in this franchise ordinance,if the City finds that UPRR has failed to comply with
6
any term or condition of this franchise, as determined by the City, UPRR's failure to
comply shall constitute a breach of this franchise. In the event of UPRR's breach, the City
may revoke this franchise after giving UPRR thirty (30) calendar days prior written notice.
This notice shall also state the grounds for revocation. Once revoked, UPRR, its
customers, agents and assigns, shall immediately lose all right and authority to use this
crossing, and the City may, at its sole option, restrict, block, close or remove the track and
crossing within the franchise area.
SECTION H. If the spur crossing that is the subject of this franchise has
not been in use for one (1) year or longer, this franchise shall automatically be revoked.
Once revoked, UPRR, its customers, agents and assigns, shall immediately lose all right
and authority to enter or use the franchise area, and the City may, at its sole option, restrict,
block, close or remove the track and crossing within the franchise area.
SECTION 12. The franchise privileges granted in this ordinance shall be
effective for ten (10) years from and after the effective date of this ordinance. At the end
of this ten-year franchise term, all UPRR's property rights within the franchise area that are
granted by this franchise shall expire. Accordingly, upon expiration, the City may, at its
sole option, restrict, block, close or remove the track and crossing within the franchise area.
SECTION 13. UPRR shall have no right to receive any award in
condemnation, whether direct or inverse, as a result of this franchise.
SECTION 14. UPRR shall pay all the City's reasonable municipal costs,
expenses, or liabilities incurred by the City incurred as a result of creating or entering into
this franchise.
SECTION 15. The failure of the City to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in
one or more instances, shall not be construed to be a waiver or relinquishment of those
terms and rights and they shall remain in full force and effect
SECTION 16. In any claim or lawsuit for damages arising from either
party's performance of this franchise ordinance, each party shall be responsible for payment
of its own legal costs and attorney's fees incurred in defending or bringing that claim or
lawsuit; however, nothing in this subsection shall limit the City's right to indemnification
under Section 9 of this franchise ordinance.
SECTION 17. No waiver, alteration, or modification of any of the
provisions of this franchise ordinance shall be binding unless in writing and signed by a
duly authorized representative of the City and UPRR.
SECTION 18. Any assignment of this agreement by UPRR without the
written consent of the City shall be void.
SECTION 19. 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 20. UPRR shall, within thirty (30) calendar days from the date
of passage of this ordinance, file with the City Clerk its written acceptance of the terms,
provisions and conditions of this franchise. If UPRR fails to file its written acceptance o
this franchise, without additional conditions, by the end of this thirty (30) calendar day
period, this ordinance will be void and of no further force or effect.
SECTION21. This ordinance shall not take effect or be in until accepted
by UPRR within the time provided in Section 20. If accepted by UPRR within the time
8
provided in Section 20. this ordinance shall become effective five (5) days from the time
of its passage and publication as provided by law or when accepted by UPRR, whichever
is later.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED: day of . 1998.
APPROVED: day of 11998.
PUBLISHED: day of 11998.
1 hereby certify that this is a true copy of Ordinance No. passed
by the City Council of the City of Kent, Washington. and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P U,AMORDINANC\UPRR20RD doc
9
Kent City Council Meeting
Date May 5. 1998
Category Consent Calendar
1. SUBJECT: DOWNTOWN STRATEGIC ACTION PLAN GRANT - ACCEPT
2 . SUMMARY STATEMENT: Accept the Downtown Strategic Action
Plan additional grant of $10, 000 granted to the City from
the Washington State Department of Community and Economic
Development (DCTED) to complete Kent' s proposed Downtown
Strategic Action Plan and direct staff to adjust the budget
accordingly and spend the monies for same, as recommended by
the Public Works/Planning Committee.
3 . EXHIBITS: Staff memo
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. 3E
PUBLIC WORKS/PLANNING COMMITTEE
APRIL 20, 1998
PRESENT: Tim Clark Tom Brubaker
Judy Woods Don Wickstrom
Tom Brotherton Fred Satterstrom
TIB Grant Agreement - South 272nd/277th Corridor
Wickstrom stated that we have received a grant of $5,640,000 for the bridge projects
along the corridor and we are requesting authorization for the Mayor to sign the
agreement and establish a budget.
Committee unanimously recommended authorization for staff to accept the grant,
establish a budget for $5,640,000 and authorizing the funds to be spent on the S.
272nd/277th Corridor project.
TIB Grant Agreement - Washington Avenue (SR 181)
Wickstrom explained that this is similar to the S. 277th project in that we received a
grant for the HOV lanes along Washington Avenue from SR 516 almost to Smith St.
This grant is $276,000 for the first phase of the design and we are requesting
authorization for the Mayor to sign the grant agreement and establish a budget.
Clark asked if there is anything planned along Meeker heading west. Wickstrom said
we applied for TIB, UATA (Urban Arterial Trust Account) funds and we will know by
next month if we get anything. If we get something, then we will have a project to widen
Meeker to five lanes from Washington Avenue to 64th Avenue.
Committee unanimously recommended authorization for staff to accept the grant,
establish a budget for $276,000 and authorizing the funds to be spent on the
Washington Avenue (SR181) project.
Downtown Strategic Action Plan - Grant
Fred Satterstrom, Planning Dept. Manager stated that initially, the Planning Dept
received a grant $150,000 from the Wa State Dept of Community & Economic
Development Department (DCTED) to do the Downtown Plan. As we were completing
1
work on that plan, DCTED gave us an additional $10,000 for this project. Satterstrom
said that at this time, we are asking for authorization to accept this additional grant, and
authorize the expenditures. He stated that the money has been received, however it
needs to be transferred from one account to another.
Committee unanimously recommended authorization to accept the additional grant
funds of $10,000 from the DCTED, direct the staff to adjust the budget accordingly and
spend monies for same.
Guiberson Reservoir Seismic Upgrade - Accept as Complete
Wickstrom explained that this was a $61,000 contract with RDS Construction however
it ended up at $79,000 because we had to relocate some storm sewer plus additional
structural material was required. He stated that because it is over 10%, we present it to
the Committee and noted there is no funding problem.
Committee unanimously recommended that the Guiberson Reservoir Seismic Upgrade
contract be accepted as complete.
Bicycle Free Zone Program
Wickstrom stated that this was an issue Councilman Clark wanted the Public Works
Dept to review and essentially, it relates to providing bikes in the downtown area
providing for public use. Wickstrom said that in the areas where they have been doing
this such as Portland and Spokane, they have not been sanctioned. They have not been
City sponsored programs primarily because of the liability associated with this; if they
are City sponsored than the City involved will be liable for the bike; someone using the
bikes could be injured. Wickstrom said if we were going to have a program it appears
that one thing is needed, at a minimum, is a maintenance program and a policing
program. To do that, we would need additional personnel, at least a part-time mechanic
and people to go around and collect the bikes. He said that the WCIA suggested a
volunteer program, not sponsored by the City. Wickstrom said this is really Council's
decision.
Woods suggested that a volunteer organization would be needed to start the program.
Clark asked what type of program existed in Olympia. Wickstrom said that the city has
nothing to do with it. There is a private nonprofit entity coordinating the Olympia
program. Clark said we need to get a partnership going here. We can come up with the
bicycles but gathering volunteers will require some organization as such. Woods
suggested that we find out more about the Olympia program. Clark asked if the City
installed the bike racks as our contribution to this program, would we still be liable.
2
Kent City Council Meeting
Date May 5. 1998
Category Consent Calendar
1. SUBJECT: GUIBERSON RESERVOIR ACCEPT AS COMPLETE
2 . SUMMARY STATEMENT: As recommended by the Public Works/
Planning Committee, accept the Guiberson Reservoir Seismic
Upgrade project as complete and release retainage to RDS
Construction upon standard releases from the State and release
of any liens. The original contract amount was $61, 359 . 00.
The final construction amount was $79, 673 . 85. The contract
exceeded the bid amount due to additional costs incurred in
relocating a 6" storm line as well as upsizing structural
material. 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. 3F
DEPARTMENT OF PUBLIC WORKS
April 20, 1998
TO: Public Works/Planning Committee
IFROM: Don Wickstrom
RE: Guiberson Reservoir - Acceptance
The contract for the Guiberson Reservoir Seismic Upgrade was awarded to RDS
Construction for the bid amount of $61,359.00. The Final construction cost was
$79,673.85 (30% over). The contract exceeded the bid amount because once the project
was underway, additional costs were incurred in relocating a 6" stormline as well as the
upsizing of structural material.
Adequate funds exist within the project budget to cover this overage.
MOTION: Recommend that the Guiberson Reservoir Seismic Upgrade contract be
accepted as complete.
Kent City Council Meeting
Date May 5. 1998
Category Consent Calendar
1. SUBJECT: EXCUSED ABSENCE, COUNCILMEMBER BROTHERTON -
APPROVAL
2 . SUMMARY STATEMENT: Approval of an excused absence for
Councilmember Tom Brotherton who will be unable to attend
tonight's Council meeting.
3 . EXHIBITS: Memorandum
4. RECOMMENDED BY: Councilmember Brotherton
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3G
MEMORANDUM
TO: JIM WHITE, MAYOR
CITY COUNCIL MEMBERS
FROM: TOM BROTHERTON, CITY COUNCILMEMBER
DATE: APRIL 27, 1998
SUBJECT: CITY COUNCIL EXCUSED ABSENCE
I would like to request an excused absence from the May 5 , 1998, City Council meeting. I will be
unable to attend.
Thank you for your consideration.
TB:jb
Kent City Council Meeting
Date May 5, 1998
Category Other Business
1. SUBJECT: GREEN MEADOWS TOWNHOMES FINAL PLAT FSU-97-4
2 . SUMMARY STATEMENT: This date has been set to consider a
final plat application by Baima & Holmberg for the Green
Meadows Townhomes. The subdivision is 2 . 85 acres in size and
is located north of SE 256th and east of 138th Place SE. This
subdivision was transferred to Kent by King County, who
approved the preliminary subdivision under Ordinance #12219 on
January 16, 1996.
3 . EXHIBITS: Memo and King County Ordinance #12219
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $ _
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember lX-&/t,( moves, Councilmember O-Zb _seconds
to approve staff ' s recommendation of approval with conditions
of the Green Meadows Townhomes Final Plat and to authorize the
Mayor to sign the final plat mylar.
DISCUSSION:
ACTION: 1V1
Council Agenda
Item No. 4A
CITY OF LQ�Lt!2 J JS
Jim White, Mayor
Planning epartment (253)859-3390/Fax: (253) 850-2544
James P. Harris, Planning Director
MEMORANDUM
April 30, 1998
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
RE: GREEN MEADOWS TOWNHOMES #FSU-97-4
On January 16, 1996, King County approved Ordinance 412219 accepting the King County
Hearing Examiner's approval of the Green Meadows Townhomes Preliminary Plat(File No.
L94P0006), a 2.85 acre, ten-lot residential plat. Upon annexation to the City of Kent, the
preliminary plat came under Kent's jurisdiction. The property is located north of SE 256`h and
east of 138`h Place SE.
Staff recommends the City Council approve the Green Meadows Townhomes Final Plat No.
FSU-97-4 with the conditions referenced in the King County Hearing Examiner's report (File
No. L94P0006).
JPH\ch\fsu974m
Enclosure
Cc: Fred N. Satterstrom, Planning Manager
"U 4th AVENUE SOUTH i KENT.WASHINGTON 118072 TELEPHONE r2s3i <,q.tUID
07/30/1997 16:06 39I3055 BAIMA HGLMBER6 :`C PAGE 02
1 April 11, 1996 Introduced by pan
2 Ord96.1.29 Proposed No.
3
4 -
5 12219
6
7 ORDINANCE N0.
8
9
10 AN ORDINANCE concurring with the recommendation
11 of the Hearing Examiner to approve, subject to
12 conditions, the preliminary plat of GREEN
13 MEADOWS TOWNHOMES, designated Land Use Services
14 Division File No. L94Po006.
15
16
17 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
18
19 This ordinance does hereby adopt and incorporate herein as
20 its findings and conclusions the findings and conclusions
21 contained in the report of the hearing examiner dated March 26,
22 1996, which was filed with the cle"k of the council on
23 April 11, 1996, to approve, subject to conditions, the
24 preliminary plat of Green Meadows Townhomes, designated land
25 use services division file no. L94P0006, and the council does
26 hereby adopt as its action the recommendation(s) contained in
27 said report.
28 INTRODUCED AND READ for the first time this day of
19
30 ASSED by a vo a of f / thief Ay of
31 19%/_.
32 KING COUNTY COUNCIL
33 KING COUNTY, WASHINGTON
34
35
36
37
38
39 ICT Chair
40
41
42 AT T ST:
43
44
45
46 Clerk of the Council
47
SU-97-4
GREEN MEADOWS TOWNHOMES
A PORTION OF THE SE 1/4 OF THE SW 1/4 SEC. 22, TWP. 22 N., RGE 5
KING COUNTY, WASHINGTON
-ITY OF KENT
N.LINE SE 1/4.SE 1/4, SW 1/4 —1
SSB'4711'E 19800'
1
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DEDICATED TO CREEN MEADOWS TOWNHOMES
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PUBLIC RIGNT Of WAr
_ SE 256TH STn _
19,1.Ae NBB's 5s W
19B OO'
March 26, 1996
RECEIVED
MAR 2 7 1996
OFFICE OF THE HEARING EXAMINER
KING COUNTY. WASHINGTON
8AIMA A HOLMBERG INC. 700 Central Building
810 Third Avenue
Seattle, Washington 98104
Telephone (206) 296-4660
Facsimile (206) 296-1654
REPORT AND RECOMMENDATION TO THE KING COUNTY COUNCIL.
SUBJECT: Department of- Development and Environmental Services
File No. L94P0006
Proposed Ordinance No. 96-101
Proposed Plat of GREEN MEADOWS TOWNEONES
Lying generally between S.E. 256th Street and S.E. 254th
Street, and between 138th Avenue S.E. and 139th Avenue S.E.
SUMMARY OF RECOMMENDATIONS:
Division's Preliminary: Approve, subject to conditions
Division's Final: Approve, subject to conditions
Examiner: Approve, subject to conditions
PREL•IMINA_RY REPORT:
The Land Use Services Division's Preliminary Report on Item No.
L94P0006 was received by the Examiner on February 13, 1996.
PUBLIC HEARING:
After reviewing the Land Use Services Division's Report and
examining available information on file with the application, the
Examiner conducted a public hearing on the subject as follows:
The hearing on Item No. L94P0006 was opened by the Examiner at 9:20
a.m. , February 27, 1996, in Hearing Room No. 2, Department of
Development and Environmental Services, 3600 - 136th Place S.E. , Suite
A, Bellevue, Washington, and adjourned at 10:50 a.m. For the purpose
of receiving a water pressure investigation report from Water District
No. 111 and responses to that investigation report from the applicant,
DOES, and certain interested persons, the hearing was administratively
continued to March 22, 1996, at which time the hearing record closed.
All parties agreed to this continuance, having signed a 25-day "waiver
of time limita". Participants at the punlic: heari,ig and the axhibits
offered and entered are listed in the attached minutes. A verbatim
recording of the hearing is available in the Office of the King County
Hearing Examiner.
FINDINGS CONCLUSIONS 6 RECOMMENDATION: Having reviewed the record in
this matter, the Examiner now makes and enters the following:
FINDINGS•
1. General Information:
Developer/Owner: Margaret Vogel
13306 S.E. 240th Street
Kent, WA 98042
(206) 631-1222
Green Meadows Townhomes L94P0006 Page 2
Engineer/Surveyor: Baima & Holmberg
100 Front. Street South
Issaquah, WA 98027-3817
(206) 392-0250
STR: SW 22-22-05
Location: Lying generally between S.E. 256th
Street and S.E. 254th Street, and
between 138th Avenue S.E. and 139th
Avenue S.E.
Zoning: R4P
Acreage: 2.85
Number of Lots: 10 .
Typical Lot Size: Ranges from 1,584 to 6,913 square feet
Proposed Use: Townhouses
Sewage Disposal: Soos Creek Water and Sewer
Water Supply: Water District No. 111
Fire District: King County Fire District No. 37
School District: Kent School District
First Application Date: .July 28, 1994
Revised (Vesting) Date: July 13, 1995
2. Margaret Vogel, represented by Baima & Holmberg, hereinafter, the
"Applicant", proposes to subdivide a 2.85-acre parcel located in
the Soos Creek Community Planning Area into 10 lots, for the
purpose of developing townhouse residences. The subject property
is classified pursuant to KCC Title 21A as R4P; that is,
residential with four dwelling units per acre and with site plan
approval required. Lot sizes range from 1,584 to 6,913 square
feet. Neighboring property owners express concerns regarding
the following: water pressure, roads, crime, wetlands, drainage
and property values.
3. An Environmental Impact Statement is not required. The King
County Environmental Division issued a threshold determination of
non-significance for the proposed development on November 7,
1995. That is, the Environmental Division published its
determination that the proposed development would not cause
significant adverse impacts upon the environment and that,
therefore, an Environmental Impact Statement (EIS) would not be
required prior to proceeding with the review process. No person
or agency expressed concern or opposition to that determination.
No appeal was filed.
4. The Department of Development and Environmental Services (DDES,
or the "Department") recommends granting approval of the proposed
plat of Green Meadows Townhomes, subject to the 24 conditions of
final plat approval shown on pages 7 through 11 of the
Department's February 27, 1996 Preliminary Report to the King
County Hearing Examiner (Exhibit No. 2) .
5. The Applicant accepts the Department's recommendation as
described in Finding No. 4, above.
6. Two neighboring property owners expressed concerns regarding the
proposed development. The following findings are relevant:
A. Water pressure. Dian Gay testifies to having unreliable
water pressure, which is highly dependent upon whether a
neighboring property owner is also using water. The public
hearing was administratively continued in order to provide
King County Water District No. ill an opportunity to respond
to this concern, and to provide parties and interested
persons opportunity to respond.
Water District No. ill agrees that there is a problem with
the service line to the Gay residence and a neighboring
residence. District Manager Larry Bradbury comments, "The
service line from the water main to the meter boxes seems to
be partially blocked and or something similar such as a
crushed service line". The District assumes responsibility
Green Meadows Townhomes L94P0006 Page 3
for repairing or'replacing the damaged line within the next
30 days.
B. Streets. Based upon Institute of Traffic Engineering (ITE)
analytical standards, it is expected that approximately 60
vehicle trips per day will be generated with full
development of the proposed subdivision. This calculation
includes service vehicles such as mail delivery, garbage
pick-up, school buses and so on, which are already serving
the neighborhood. A neighboring property owner suggests
that a higher trip generation rate should be used; that is,
a rate which approximates single-family residential trip
generation. Such a trip generation rate would be slightly
less than 10 vehicles per day per residence, or 100 vehicle
trips per day.
Regardless of whether multi-family or single-family
residential trip generation rates are used, the proposed
development will fail to generate peak hour vehicle trips at
the threshold level requiring mitigation (30 peak hour
trips) for any substandard roadways which may be affected by
this development. However, the Applicant will be required
to pay $2,554.80 per dwelling unit for transportation
Mitigation Payment System (MPS) , addressing priority
transportation needs within the vicinity of the proposed
development.
C. Drainage/Wetlands. The proposed development is designed in
such a manner that all impervious surface area drainage will
be directed southward, away from the easterly abutting
residential properties. This feature, combined with
rigorous retent. n/detention and sto_-m run-off relea-se rates
(required by the 1990 King County Surface Water Management
Design Manual and relevant updates) assure that the proposed
development will not have any adverse impact upon the
wetland located in the northern portion of the subject
property or upon the easterly abutting properties.
Unfortunately, however, the easterly abutting properties
will continue to have drainage problems. Those properties
were developed with an intentional drainage swale developed
north/south adjacent to the property line which separates
the subject property from those properties (which are
platted single-family residential lots) . Some of those
property owners have chosen to fill, landscape or otherwise
obstruct the proper function of that north/south drainage
swale, which apparently was intended to benefit all of those
abutting properties within the "Plat of Meridian Place".
Whether this drainage problem, which is causing unwanted
inundation of some properties, can be solved by voluntary
neighborly cooperation, by code enforcement, or by civil
lawsuit remains unclear. The hearing record is clear,
however, that this proposed development will not noticeably
exacerbate that situation and may, in fact, slightly
reduce it.
D. Miscellaneous. ' Neighboring property owners have expressed
concern regarding the following: Crime, effect of any
future City of Kent annexation, and property values. This
quasi-judicial report must be based upon a preponderance of
the evidence. There is no evidence in the hearing record
regarding the effect the proposed development might have
upon area crime, if any. In any event, this is not a matter
which is addressed by King County subdivision regulations.
The King County Department of Public Safety Crime Prevention
Program can provide to builders "target hardening" standards
which have been shown to reduce burglary and related crime
rates. Target hardening addresses locks, alarms, doors,
windows and lights. Such design provisions were once
included in the King County Planned Unit Development
standards. However, the new KCC Title 21A provisions which
Green-Meadows Townhomes L94P0006 Page. 4
authorize townhouse development in the manner proposed by
this Applicant do not address target hardening.
Regardless of whether the City of Kent annexes the subject
property, the Applicant is entitled by statute (RCW
58.17.033) to be reviewed pursuant to the land development
regulations in effect at the time of application. There is
no code or policy which authorizes the Examiner to consider
property value relationships when reviewing a legally
permitted subdivision proposal. Further, there is no
standard, policy or regulation which would allow the
Examiner to recommend to the Council that, the townhomes be.
owner-occupied.
7. Except as noted above, the facts and analysis contained in the
Land Use Services Division Preliminary. Report dated February 27,
1996 are correct and are incorporated here by reference. A copy
of the Land Use Services Division report will be attached to
those copies of the examiner's report which are submitted to the
King County Council.
CONCLUSIONS:
1. The concerns expressed by neighboring property owners are
reasonable concerns which deserve attention. The preponderance
of evidence in this hearing record, however, does not support a
conclusion that any additional or extraordinary measures should
be taken above and beyond those which are already recommended by
the Department of Development and Environmental Services. This
small development will not measurably affect roads or drainage
conditions. It is not the Applicant's responsibility to solve
the drainage problems of neighboring property owners which have
been created by other neighboring property owners. The
Applicant, of course, should not be permitted to exacerbate such
problems. In this case, however, that will not occur. It is
fortunate that Water District No. III will be able to solve the
water pressure problems experienced by two of the neighboring
properties.
2. Based upon the whole record, and according substantial weight to
the determination of environmental significance made by the
Environmental Division, it is concluded that approval of this
subdivision as recommended below would not constitute a major
action significantly affecting the quality of the environment.
All evidence of environmental impact relating to the proposed
action and reasonable alternatives to the proposed action have
been included in the review and consideration of this action.
3. If approved subject to the conditions recommended below, the
proposed subdivision will comply with the goals and objectives of
the Comprehensive Plan, Subdivision and Zoning Codes, and other
official land use controls and policies of King County.
4. If approved subject to the conditions recommended below, this
proposed subdivision will make appropriate provision for the
public health, safety and general welfare and for drainage ways,
streets, other public ways, water supply, and sanitary wastes;
and it will serve the public use and interest.
5. The conditions recommended in the Land Use Services Division's
Preliminary Report are in the public interest and are reasonable
requirements.
Green°Meadows Townhomes L94P0006 Page-5
RECOMMENDATION: '
APPROVE the preliminary plat application of GREEN MEADOWS TOWNHOMES,
subject to the 24 recommended conditions of approval stated on pages 7
through 11 of the Department's February 27, 1996 Preliminary Report to
the King County Hearing Examiner (Exhibit No. 2) .
RECOMMENDED this 26th day of March, 1996.
R. S. TiXuqf, Deputy
King C 7
Hearing Examiner
TRANSMITTED this 26th day of March, 1996, to the following parties and
interested persons:
Larry Bradbury Dian Gay
Raymond Gessel Shupe Holmberg
New Construction Services John L. Scott Land Dept.
Margaret Vogel
Lee Carte, DDES/Land Use Services Division
Lanny Henoch, DDES/Land Use Services Division
Tom Koney, Metropolitan King County Council
Lisa Pringle, DDES/Land Use Services Division
Steve Townsend, DDES/Land Use Services Division
Bruce Whittaker, DDES/Land Use Services Division
NOTICE OF RIGHT TO APPEAL
AND ADDITIONAL ACTION REQUIRED
In order to appeal the recommendation of the Examiner, written notice
of appeal must be filed with the Clerk of the King County Council with
a fee of $125.00 (check payable to King County Office of Finance) S.D
or before April 9. 1996. If a notice of appeal is filed, the original
and 6 copies of a written appeal statement specifying the basis for
the appeal and argument in support of the appeal must be filed with
the Clerk of the King County Council on or before April 16 1996.
Appeal statements may refer only to facts contained in the hearing
record; new facts may not be presented on appeal.
Filing requires actual delivery to the Office of the Clerk of the
Council, Room 403, King County Courthouse, prior to the close of
business (4:30 p.m. ) on the date due. Prior mailing is not sufficient
if actual receipt by the Clerk does not occur within the applicable
time period. The Examiner does not have authority to extend the time
period unless the Office of the Clerk is not open on the specified
closing date, in which event delivery prior to the close of business
on the next business day is sufficient to meet the filing requirement.
If a written notice of appeal and filing fee are not filed within
fourteen (14) calendar days of the date of this report, or if a-
written appeal statement and argument are not filed within twenty-one
(21) calendar days of the date of this report, the Clerk of the
Council shall place a proposed ordinance which implements the
Examiner's recommended action on the agenda of the next available
Council meeting. At that meeting, the Council may adopt the
Examiner's recommendation, may defer action, may refer the matter to a
Council committee, or may remand to the Examiner for further hearing
or further consideration.
Action of the Council Final. The action of the Council approving or
adopting a recommendation of the Examiner shall be final and
conclusive unless a proceeding for review pursuant to the Land Use
Petition Act is commenced by filing a land use petition in the
Superior Court for King County and serving all necessary parties
Green Meadows Townhomes L94P0006 Page 6
within twenty-one (21) days of the date on which the Council passes an
ordinance acting on this matter.
MINUTES OF THE FEBRUARY 27, 1996 PUBLIC HEARING ON DEPARTMENT OF
DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L94P0006 -
GREEN MEADOWS TOWNHOMES:
R.S. Titus was the Hearing Examiner in this matter. Participating in
the hearing were Lanny Henoch, Bruce Whittaker, Shupe Holmberg,
Raymond Gessel, and Dian Gay.
The following exhibits were offered and entered into the record:
Exhibit No. 1 Department of Development and Environmental
Services, Land Use Services Division File
No. L94P0006 - Green Meadows Townhomes
Exhibit No. 2 Department of Development and Environmental
Services, Land Use Services Division
Preliminary Report to the King County Hearing
Examiner for the February 27, 1996 public
hearing
Exhibit No. 3 Application, dated July 28, 1994
Exhibit No. 4a Letter from Baima & Holmberg, Inc. , dated
May 22, 1995
Exhibit No. 4b Letter from Baima 6 Holmberg, Inc. , dated
July 12, 1995
Exhibit No. 5 Environmental Checklist, received July 28, 1994
Exhibit No. 6 Affidavit of Posting, received January 29,
1996. Date of Posting: January 25, 1996
Exhibit No. 7 Wetland Report, Talasaea Consultants, received
July 28, 1994
Exhibit No. 8 King County Assessor Map, SW 1/4 of 22-22-5
Exhibit No. 9 Land use map - Kroll maps 649W, 649E, 655W, and
655E
Exhibit No. 10 Revised preliminary plat map, received July 13,
1995
Exhibit No. 11 Conceptual drainage plan, received July 13,
1995
Exhibit No. 12 Tree retention plan, received July 13, 1995
Exhibit No. 13 King County Certificate of Water Availability,
dated June 7, 1995, from Water District #111
Entered pursuant to administrative continuance:
Exhibit No. 14 Letter dated March 13, 1996 from Water District
No. 111 to Examiner, with Examiner's
February 27, 1996 letter to Water District
attached
RST:gb
plats\194p\194p0006.rpt
DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES
LAND USE SERVICES DIVISION
RING COUNTY, WASHINGTON
PRELI IINARY REPORT TO THE HEARING EXAMINER
FEBRUARY 27, 1996 - PUBLIC HEARING AT 9:15 A.M. IN ROOM #2
PROPOSED PLAT OF GREEN MEADOWS TOWNHOMES FILE NO: L94P0006
PROPOSED
ORDINANCE NO. : 96-101
A. SUMMARY OF PROPOSED ACTION:
This is a request for a subdivision of 2.85 acres into 10 lots for
the development of townhouse residences. The proposed lot sizes
range from 1,584 to 6,913 square feet. See Attachment 1 for a copy
of the proposed plat layout. .
B. GENERAL INFORMATION:
Developer/Owner: Margaret Vogel
13306 SE 240th Street
Kent, WA 98042
Phone: (206) 631-1222
Engineer/Surveyor: Baima & Holmberg
100 Front Street South
Issaquah, WA 98027-3817
Phone: (206) 392-0250
STR: SW 22-22-5
Location: Lying generally between SE 256th Street and
SE 254th Street, and between 138th Avenue SE.
and 139th Avenue Southeast.
Zoning: R4P
Acreage: 2.85
Number of Lots: 10
Lot Size: Ranges from 1,584 to 6.913 square Beet
Proposed Use: Townhouses
Sewage Disposal: Soos Creek Water and Sewer
Water Supply: Water District No. Ill
Fire District: King County Fire District No. 37
School District: Kent School District
Application Date: July 28, 1994
C. HISTORY/BACKGROUND:
The Subdivision Technical Committee of King County has conducted ar
on-site examination of the subject property. The Committee has
also discussed the proposed development with the applicant to
clarify technical details of the application, and to determine tY:
compatibility of this project with applicable King County plans,
codes and other offi ial controls regulating this development.
As a result of preliminary discussions, the applicant presented the
Technical Committee with a revised plat on July 13, 1995. The pri-
mary modifications to the original proposal include the following:
Revision of the lot boundaries of proposed Lot 1.
Placement of a stormwater biofiltration swale along the
southern margin of the site, wir:lin Tract A.
Increase in the right-of-way dimension for the turnaround
bulb from a 42-foot radius to a 46-foot radius.
9PR9-d/LP{POOOi.spC � 1 —
PROPOSED PLAT OF GREEN MEADOWS TOWNHOMES
FILE NO. L94P0006
It should be noted that the original subdivision application was
accompanied by a planned unit development (PUD) application
(L94U0001) . After discussions with the Technical Committee, the
applicant elected to withdraw the PUD application; accept a new
vesting date; and develop the property under R4-P zoning, which was
the zoning adopted for the subject property by King County subse-
quent to the submittal of the original subdivision and PUD applica-
tions. R4 zoning was applied to the property by the County to
implement the county's new zoning code, Title 21A.
Since the applicant's revised proposal was received on July 13,
1995, the Land Use Services Division (LUSD) considers this date to
be the vesting date of the subdivision application based on the
provisions of KCC 19.36.085.
D. THRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE:
Pursuant to the State Environmental Policy Act (SEPA) , RCW 43.21C,
the responsible official of the King County Environmental Division
issued a threshold determination of non-significance (DNS) for the
proposed development on November 7, 1995. This determination is
based on the review of the environmental checklist and other
pertinent documents, resulting in the conclusion that the proposal
would not cause probable significant adverse impacts on the
environment. Therefore, an environmental impact statement (EIS)
was not required prior to proceeding with the review process.
Agencies, affected Native American tribes and the public were
offered the opportunity to comment on or appeal the determination
during a fifteen day appeal period. No appeals of the determina-
tion were filed by any party.
E. AGENCIES CONTACTED:
1. King County Natural Resources & Parks Division: No response.
2. King County Community Planning Section: No response.
3. King County Fire Protection Engineer: See Attachment 2.
4. Seattle-King County Health Department: See Attachments 3 and
4
5. Kent School District 1415: No response.
6. Soos Creek Water and Sewer District: See Attachment 5.
7. Water District fill: See Attachment 6.
8. Washington State Department of Ecology: No response.
9. Washington State Department of Fisheries and Wildlife: No
response.
10. Washington State Department of Natural Resources: No
response.
11.. Washington State Department of Transportation: No response.
12. King County Conservation District: No response.
13. METRO: No response.
14. City of Kent: No response.
15. City of Auburn: No response.
song-d/[ ,Poaaf.f t —
PROPOSED PLAT OF GREEN MEADOWS TOWNHOMES
FILE NO. L94P0006
F. NATURAL
ENVIRONMENT:
1. Topography: The subject property consists of gentle slopes,
declining in elevation generally to the east.
2. soils: One surface soil is present on this site, per the King
County Soil Survey, 1973.
&ql - Alderwood gravely, sandy loam; 0-6% slopes. Runoff is
slow and the erosion hazard is slight. This soil type has a
moderate limitation for low building foundations due to a
seasonally high water table, and severe limitations for septic
tank filter fields due to very slow permeability in the
substratum.
3. Hydrography: The subject property lies within the Soos Creek
sub-basin of the Green River drainage basin.
A wetland report was prepared for the site by the applicant's
consultant, Talasaea Consultants. The report is dated June 9,
1994. It indicates there are three wetlands on the subject
property, however, since the proposed subdivision is being
considered under Title 21A, two of the wetlands are, in fact,
not considered wetlands because they are less, than 2,500
square feet in size (see KCC 21A.06.1415C) . The third wet-
land, Wetland C as identified in the report, is approximately
0.61 acres in size. It is considered a Class 2 wetland,
because a portion of the wetland. is forested. The proposed
subdivision shows Wetland C within an open-space tract, which
includes a 50-foot-wide wetland buffer around the wetland.
4. Vegetation: Approximately the southern 3/4 of the site is
primarily covered in natural shrubs, berry vines and grasses,
except for the southeast portion of the property. The south-
east portion is moderately wooded with predominantly deciduous
and some coniferous trees.
The remaining northern 1/4 of the site is heavily wooded with
a mixed deciduous/coniferous forest.
5. Wildlife: Small birds and animals inhabit this site; however,
their population and species are limited to some extent, due
to nearby development.
No endangered species are known to inhabit the subject
property.
6. Mapped Sensitive Areas: The Sensitive Areas Map Folio does
not identify any hazard areas or wetlands as being present on
the site.
G,. NFTGHRORHOOD CHARACTERISTICS:
The subject property lies in an area north of Lake Meridian and
east of the City of Kent. The majority of this area has been
developed with suburban residential uses; however some rural
parcels remain which are yet to be developed.
To the north of the site is the recently completed single-family
residential subdivision of Country Club Village. This subdivision
contains 36 lots, with lot sizes ranging from approximately 5,000
to 12,000 square feet.
East of the site is the single-family plat of Meridian Place.
Meridian Place contains 17 lots, which range in size from approx- .
imately 7,000 to 10,500 square feet.
9 PP5-A�f.1.p000t.cp[ 3
PROPOSED PLAT OF GREEN MEADOWS TOWNHOMES
FILE NO. L94P0006
To the south of the site across SE 256th Street is Meridian
Elementary School and a townhouse development containing 53 units.
West of the site is the single-family plat of Green Meadows. Green
Meadows contains 13 lots, with lots sizes ranging from approxi-
mately 5,000 to 9,000 square feet.
The subject property itself is developed with a single-family
residence and a detached garage. These buildings are somewhat
dilapidated.
H. SUBDIVISION DESIGN FEATURES:
1. Lot Pattern and Density: The proposed subdivision appears to
conform with the lot area, lot width, base density, minimum
density, building separation, and building facade modulation
requirements of KCC Chapters 21A.12 and 21A.14.
With regard to minimum street setbacks, Lot 3 appears to
conflict with the 20-foot, driveway length requirement of
KCC 21A.12.030B8.
Regarding maximum impervious surface, it appears that, with
the.proposed buildings, Lots 2, 3, 6 and 7 may conflict with
the maximum impervious surface provisions of KCC 21A.12-
.030B5c.
2. Internal Circulation: A local access street, which lies
within the adjacent plat of Green Meadows to the west of the
site, is stubbed to the west boundary of the subject property.
This street is proposed to terminate on the subject property
in a turnaround bulb.
Lots 1 and 2 in the subject plat are proposed to be served by
. a joint-use driveway tract (Tract B) which extends from the
turnaround bulb. Lots 4 - 8 are proposed to be served by a
private access tract (Tract C) which also extends from the
turnaround bulb. The remaining lots in the plat, Lots 3, 9
and 10, will gain access directly from the turnaround bulb.
3. Roadway Section: The public street within the subject plat,
i.e. , the turnaround bulb, will be built to the "urban"
standard. This includes the development of curbs, gutters and
sidewalks around the perimeter of the bulb.
I. TRANSPORTATION PLANS:
1. Transportation Plans: The King County Transportation Plan
designates SE 256th Street, .which adjoins the south boundary
of the site, as a minor arterial. Access to this arterial
will be available via a local access street, SE 256th Place,
in the adjacent plat of Green Meadows (labeled SE 256th Street
on the applicant's proposed plat map; see Attachment 1) .
The Non-Motorized Transportation Plan indicates that a bicycle
lane should be developed on the minor arterial adjoining the
site, and the property is located in an "equestrian
community.".
The Regional Trails Plan does not show any proposed trails on
or adjacent to the subject property.
2. Subdivision Access: As noted above, access to the proposed
plat will be provided by SE 256th Place in the adjacent plat
of Green Meadows, which is stubbed to the west boundary of the
subject property. This street in Green Meadows is developed
with a 28-foot-wide asphalt driving surface; rolled, concrete
curbing; and a sidewalk on the south side of the street.
was-a/u aaooc.�c — 4 —
PROPOSED PLAT OF GREEN MEADOWS T L94P
M 0006
While SE 256th Street, a minor arterial, abuts the south
boundary of the site, no access from this road is proposed to
the subject plat.
3. Traffic Generation: It is expected that approximately
60 vehicle trips per day will be generated with full
development of the proposed subdivision. This calculation
includes service vehicles (i.e. , mail delivery, garbage pick-
up, school bus) which currently serve this neighborhood, work
trips, shopping, etc.
4. Adequacy of Arterial Roads: This proposal has been reviewed
under the criteria in KCC 14.70, Transportation Concurrency
Management; KCC 14.80, Intersection Standards; and KCC 14.75,
Mitigation Payment System.
a. KCC 14.70 - Transportation Concurrency Management: The
Transportation Certificate of Concurrency, dated May 17,
1995, indicates that transportation improvements or
strategies will be in place at the time of development,
or that .a financial commitment is in place to complete
the improvements or strategies within six (0) years, as
required by RCW 36.70A.070(6) .
b. KCC 14.80 - Intersection Standards: The peak-hour
traffic generated by this subdivision falls below the
threshold requiring mitigation (30 peak-hour trips) for
any substandard roadways which may be affected by this
development.
C. KCC 27.40 - Mitigation Payment System: KCC 27.40
requires the payment of a traffic impact mitigation fee
(MPS fee) and an administration fee for each residential
lot or unit created. MPS fees are determined by the zone
or zones in which a site is located.
This site is located in Zone 363, per the MPS Zone Map.
The MPS Zone/Quartersection List currently requires. a
payment of $2,554.80 per multi-family dwelling unit for
Zone 363. MPS fees may be paid at the time of final plat
recording, or deferred until building permits are issued.
The amount of the fee, however, will be determined by the
applicable fee ordinance at the time the fee is
collected.
J. PUBLIC SERVICES:
1. Schools: This proposal has been reviewed under RCW 58.17.110
and King County Ordinance 10162 (School Adequacy) .
a. School Facilities: The subject subdivision will be
served by Meridian Elementary, Mattson Junior High, and
Kentwood Senior High, all located within the Kent School
District (Gwenn Escher, Kent School District, 2/12/96
phone conversation) .
b. School Capacity: Pursuant to the requirements of King
County Ordinance 10162, the Kent School Board has adopted
capacity figures which are the basis for determining the
District's ability to accommodate additional students.
(These figures are provides in Attachment 7) . The
figures indicate the District has adequate capacity to
accommodate the anticipated students generated by this
proposal.
C. School Impact Fees: ordinance 12063 currently requires
that an impact fee of $1,936.00 per multi-family dwelling
unit be imposed to fund school system improvements to
_ F -
PROPOSED PLAT OF GREEN MEADOWS TOWNHOMES
FILE NO. L94P0006
serve new development within this district. Payment of
50% of the school impact fee in effect when this plat is
ready to receive final approval will be required as a
condition of recording of the plat, pursuant to the
provisions of Ordinance 10162, Section 16C.
d. School Access: The District has indicated that the
future students from this subdivision will walk to
Meridian Elementary, across the street from the subject
plat, and will be bussed to Mattson Junior High and
Kentwood Senior High (Gwen Escher, 2/12/96 phone
conversation) .
2. Parks. and Open Space: The nearest County park to the site is
Soos Creek Park, located approximately 1/2 mile east of the
subject property.
KCC 21A.14.180 requires that townhouse subdivisions provide
recreation space of at least 390 square feet per dwelling
unit. However, this section of the Code also allows for the
provision of indoor recreation areas, when " . .such areas are
located, designed and improved in a manner which provides
recreational opportunities functionally equivalent to those
recreational opportunities available outdoors." [KCC 21A.14-
.180C]
The proposed subdivision includes a recreation building which
is proposed in a tract labeled "For Recreational Area & Storm
Drainage" (Tract A) . This tract includes the recreation
building ("Common Building") and a 170-foot-long stormwater
biofiltration swale. The tract is approximately 6,500 square
feet in size. The uses proposed in the recreation building
are shown in Attachment 8.
KCC 21A.14.190 requires that townhouse developments provide
tot/children play areas within the recreation space on-site.
No tot/children play areas are proposed within Tract A in the
subject plat.
3. Fire Protection: The Certificate of Water Availability from
Water District fill indicates that water may not be presently
available to the site in sufficient quantity to satisfy the
King County Fire Flow Standards (2,000 GPM, see Attachment 6) .
If it is not available, the buildings developed on the site
must include fire protection sprinkler systems, consistent
with the King County Fire Code
Prior to final recording of the plat, the water service
facilities needed to serve the subdivision must be reviewed
for consistency with the Fire Flow Standards, and approved by
the King County Fire Protection Engineer.
K. UTILITIES:
1. Sewage Disposal: The applicant proposes to .serve the subject
subdivision by means of a public sewer system managed by Soos
Creek Water and Sewer District. A Certificate of Sewer Avail-
ability, dated June 27, 1994, indicates the District's capa-
bility to serve the proposed development (see Attachment 5) .
The Health Department has recommended preliminary approval of
the proposed method of sewage disposal, and LUSD concurs with
this recommendation.
2. Water Supply: The applicant proposes to serve the subject
subdivision with a public water supply and distribution system
managed by.Water District #ill. A Certificate of Water Avail-
ability, dated June 8, 1994, indicates the District's capabil-
ity to serve the proposed development. The Health Department
svac-d/Lf�VOOOL.xp[ — C —
PROPOSED PLAT OF GREEN MEADOWS TLWNHOMES
FILE NO.has recommended preliminary approval of the proposed method of
water supply, and LUSD concurs with this recommendation.
3. Storm Water Drainage Control: Preliminary calculations
prepared by the applicant's engineer show that no retention/
detention (R/D) system is required for the proposed plat, due
to less than a 0.5 cfs increase of storm water runoff after
development. However, the final storm water calculations for
the project will be reviewed at engineering plan submittal,
following preliminary plat approval., to confirm no R/D facil-
ity is required. As noted previously, a water quality, bio-
filtration swale is proposed for the project.
L. COMPREHENSIVE AND COMMUNITY PLAN:
1. Comprehensive Plan: This proposal is governed by the 1994
King County Comprehensive Plan which designates this area as
Urban.
The proposed subdivision is. not in conflict with the policies
of the Comprehensive Plan.
2. Community Plans: The subject subdivision is located in the
Soos Creek Community Planning area. The Soos Creek Plan Land
Use Map designates the site "single Family 1 - 6 units per
acre." The proposed subdivision is consistent with this land
use designation.
M. STATCm ERJCODES:
If approved with the recommended conditions in this report, the
proposed development will comply with the requirements of the
County and State Platting Codes, and the dimensional and other
requirements of Title 21A.
N. ANALYSIS:
The Subdivision Technical Committee has not identified any
significant issues involved in the preliminary review of this
proposal.
O. CONCLUSIONS•
The subject subdivision will comply with the goals and objectives
of the King County Comprehensive Plan, the requirements of the
Subdivision and Zoning Codes, and other official land use controls
of King County, if the conditions recommended below are
implemented.
p. RECOMMENDATIONS:
It is recommended that the subject subdivision, revised and
received July 13, 1995, be granted preliminary approval subject to
the following conditions of final approval:
1. Compliance with all platting provisions of Title 19 of the
King County Code.
2. All persons having an ownership interest in the subject
property shall sign on the face of the final plat a dedication
which includes the language set forth in King County Council
Motion No. 5952.
3. The density of the proposed subdivision shall comply with the
requirements of the R4 zone classification. Minor revisions
to the plat which do not result in substantial changes may be
approved at the discretion of the Land Use Services Division.
(Note, the applicant may wish to make such changes due to
s nas-a/cs.voenc.me — 7
PROPOSED PLAT OF GREEN MEADOWS TOWNHOMES
FILE NO. L94P0006
potential conflicts with the driveway length requirements of
KCC 21A.12.030B8, and the maximum impervious surface require-
ments of KCC 21A.12.030B5c.)
4. The applicant must obtain final approval from the King County
Health Department.
5. All construction and upgrading of public and private roads
shall be done in accordance with the King County Road
Standards established and adopted by Ordinance No. 11187.
6. The applicant must obtain the approval of the King County Fire
Protection Engineer and demonstrate compliance with the fire
hydrant, water main, and fire flow standards of Chapter 17.08
of the King County Code.
7. Final plat approval shall require full compliance with drain-
age provisions set forth in King County Code 9.04 and the
storm drainage requirements and guidelines as established by
the Surface Water Management Division. Compliance may result
in reducing the number and/or location of lots as shown on the
preliminary approved plat. The following conditions represent
portions of the Code and requirements, and apply to all plats.
a. Drainage plans and analysis shall comply with the 1990
King County Surface Water Design Manual and updates which
were adopted by Public Rule effective January 1, 1995.
DDES approval of the drainage and roadway plans is re-
quired prior to any construction.
b. Current standard plan notes and ESC notes, as established
by DDES Engineering Review, shall be shown on the engi-
neering plans.
C. The following note shall be shown on the final recorded
plat:
"All building downspouts, footing drains, and drains from
all impervious surfaces such as patios and driveways
shall be connected to the permanent storm drain outlet as
shown on the approved construction drawings #
on file with DDES and/or the Department of Public Works.
, This plan shall be submitted with the application of any
building permit. All connections of the drains must be
constructed and approved prior to the final building
inspection approval. For those lots that are designated
for individual lot infiltration systems, the systems
shall be constructed at the time of the building permit
and shall comply with plans on file. "
8. The following conditions specify the required road
improvements for the proposed subdivision:
a. The easterly extension of SE 256th Place (labeled SE
256th Street on the preliminary plat map) and the
turnaround bulb shall be constructed, at a minimum,
consistent with the urban subaccess street standard.
b. The northern frontage of SE 256th Street, along the south
boundary of the site, shall be improved to the urban
minor arterial standard. The additional pavement on SE
256th Street shall comply with the arterial pavement
design requirements outlined in Section 4.03 KCRS, and
shall include provisions for a bicycle lane.
a PA9-d/Lf POOOc.ipt _ e _
PROPOSED PLAT OF GREEN MEADOWS TFILE NO. OOMES
C. Tract B, at a minimum, shall be improved consistent with
the joint-use driveway requirements of Section 3.01 KCRS.
This tract shall be owned and maintained by either a
homeowners Lots
and 2 in an
interest. As note atoo r l
thiseffectshall appear on the
final plat.
d. Tract C, at a minimum, shall be improved consistent with
the private access tract requirements of Section 2.09B
KCRS. (Note: This may require the widening of the
tract.)
This tract shall be owned and maintained by either a
— homeowners association, or Lots 4 - 8 in an undivided
interest. A note to this effect shall appear on the
final plat.
e. Modifications to the above conditions may be considered
by King County, pursuant to the variance procedures in
the King County Road Standards KCRS 1.08.
9. The southerly 12 feet of the subject property shall be dedi-
cated to King County, to provide for 42 feet of right-of-way
from the centerline of SE 256th St.
10. There shall be no direct vehicular access to SE 256th Street
from the subject plat. A note to this effect shall appear on
the final plat and engineering plans.
11. The 100-year floodplain for the Tract D wetland shall be
delineated on the final plat and engineering plans, per
Special Requirement 19, King County Surface Water Design
Manual.
12. All utilities within proposed rights-of-way must be included
within a franchise approved by the King County Council prior
to final plat recording.
13. The applicant or subsequent owner shall comply with King
County Code 27.40, King County Road Mitigation Payment System
(MPS) , by paying the required MPS fee as determined by King
County Public Works, plus an administrative fee. The appli-
cant has an option to either: 1) pay the MPS fee and MPS
administrative fee at final plat appl, ation, or 2) pay the
MPS fee and MPS administrative fee at the time of building
permit application. If the first option is chosen, a note
shall be placed on the face of the plat that reads, "All fees
required by King County Code 27.40, King County Road Mitiga-
tion Payment System (MPS) , have been paid." If the second
option is chosen, the fee paid shall be the amount in effect
as of the date of building permit application.
14. Lots within this subdivision are subject to King County
Ordinance 10162 and ordinance 12063 which imposed impact fees
to fund school system improvements needed to serve new devel-
opment. As a condition of final approval, fifty percent (50%)
of the impact fees due for the plat shall be assessed and
collected immediately prior to recording, using the fee sched-
ules in effect when the plat receives final approval. The
balance of the assessed fee shall be allocated evenly to the
dwelling units in the plat and shall be collected prior to
building permit issuance. A note to this effect shall be
placed on the final plat.
15. A planter island, if proposed within the turnaround, shall be
maintained by the homeowners association. This shall be
stated on the face of the final plat.
SPRS-d/L"P0006.,pC - 9
PROPOSED PLAT OF GREEN MEADOWS TOWNHOMES
FILE NO. L94P0006
16. The following note shall be shown on the final engineering
plan and recorded plat:
RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE
AREA SETBACK AREAS
Dedication of a Sensitive Area Tract/Sensitive Area Setback
Area conveys to the public a beneficial interest in the land
within the tract/setback area. This interest includes the
preservation of native vegetation for all purposes that
benefit the public health, safety and welfare, including
control of surface water and erosion, maintenance of slope
stability, visual and aural buffering, and protection of plant
and animal habitat. The Sensitive Area Tract/Sensitive Area
Setback Area imposes upon all present and future owners and
occupiers of the land subject to the tract/setback area the
obligation, enforceable on behalf of the public by King
County, to leave undisturbed all trees and other vegetation
within the easement. The vegetation within the tract/setback
area may not be cut, pruned, covered by fill, removed or
damaged without approval in writing from King County Building
and Land Development Division or it successor agency, unless
otherwise provided by law.
The common boundary between the tract/setback area and the
area of development activity must be marked or otherwise
flagged to the satisfaction of King County prior to any
clearing, grading, building construction or other development
activity on a lot subject to the Sensitive Area Tract/
Sensitive Area Setback Area. The required marking or flagging
shall remain in place until all development proposal activi-
ties in the vicinity of the sensitive area are completed.
No building foundations are allowed beyond the required
building setback line, unless otherwise provided by law.
17. The proposed subdivision shall comply with KCC Chapter 21A.24,
Environmentally Sensitive Areas. Prior to engineering plan
approval, the applicant shall provide notice on title as
specified in KCC 21A.24.170. Temporary marking of clearing
limits, permanent survey marking, and signs as specified in
KCC 21A.24.150 - .160 shall also be addressed prior to com-
mencing construction activities on the site.
18. Tract D shall be labelled as a sensitive areas tract on the
final plat and engineering plans. The tract shall include a
minimum 50-foot wetland buffer from the wetland in Tract D. A
15-foot building setback line shall be provided on the lots in
the subject plat, which lie adjacent to Tract D.
19. The recreational open space shall comply with KCC 21A.14.180 -
.200 by providing either a fee-in-lieu of open space, or
providing suitable open space. The option chosen shall be
specified at the time of engineering plan submittal. If a
fee-in-lieu is chosen, details shall be worked out with the
King County Parks Division, prior to recording. If open space
is provided, an open space plan shall be reviewed and approved
by the Parks Division, prior to engineering plan approval.
The open space plan shall include tot/children play areas, as
required by KCC 21A.14.190. Bonding may be required by LUSD
to assure installation of planned improvements.
The biofiltration swale shown on the applicant's conceptual
drainage plan shall be placed in a tract separate from the
recreation space tract.
SVRS-d/L14V000{.ry - 1 r -
OMES
PROPOSED PLAT OF GREEN FILE WS TL94p0006
20. A homeowners' association or other workable organization shall
be established to the satisfaction of LUSD which provides for
the ownership and continued maintenance of the open space
areas.
21. Lot clearing, if completed concurrently with the development
of road and storm drainage facilities, shall be consistent
with Soos Creek 11P11 Suffix Condition IB (page 148, Soos Creek
Area Zoning) . If necessary, appropriately sized building
envelopes shall be shown on the final engineering plans.
22. Seasonal clearing and grading restrictions between November
1st and March 31st shall apply to the development of road and
storm drainage facilities, as prescribed by Soos Creek "P"
Suffix Condition IC (pages 149 - 150, Soos Creek Area Zoning) .
A note to this effect shall appear on the final engineering
plans.
23. A tree retention plan was submitted by the applicant with the
preliminary plat application, in order to comply with the
requirements of Soos Creek "P" Suffix Condition IIB (pages 152
- 155, Soos Creek Area Zoning) . Trees shall be preserved on
the site, consistent with this plan. The plan may be modi-
fied, subject to the review and approval of LUSD, consistent
with "P" Suffix Condition IIB.
24. Street trees shall be provided along SE 256th St. along the
southern margin of the site, consistent with KCC 21A.16.050E
and the King County Road Standards. Bonding may be required
by LUSD, consistent with KCC 21A.16.190, to assure proper
installation and maintenance of the trees.
Q. OTHER CONSIDERATIONS:
1. The subdivision shall conform to KCC 16.82 relating to grading
on private property.
2. Development of the subject property may require registration
with the Washington State Department of Licensing, Real Estate
Division.
3. Preliminary approval of this application does not limit the
applicant's responsibility to obtain any required permit or
license from the State or other regulatory body. This may
include obtaining a forest practice permit from the Washington
State Department of Natural Resources for tree removal.
MC:LH:lm
TRANSMITTED TO PARTIES LISTED HEREAFTER:
King County Conservation District
Steven C. Townsend, P.E. , Supervising Engineer, Development
Inspection Unit
Baima & Holmberg
100 Front Street South, Issaquah, WA 98027-3817
John L. Scott Land Department
3380 - 146th Place SE, Suite 450, Bellevue, WA 98007
New Construction Services
17233 - 140th Avenue SE, 15, Renton, WA 98058
Margaret Vogel
13306 SE 240th Street, Kent, WA 98042
9PR9-d/L14P0006.i t - 11
. - - L94P0006
CFUM.N ME10OWS
MAMA= VOGEL
SW 22-22-5
2.85 acres
10 lots
PROPOSED 0'
SUBDIVISION N
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6 - P F I �
Kent city Council Meeting
Date May 5. 1998
Category Other Business
1. SUBJECT: COMMUTER RAIL PARKING GARAGE
2 . SUMMARY STATEMENT: City Council has been presented with
number of optional methods for funding the City' s share of a
parking garage to be constructed at the downtown commuter rail
station. The Council Operations Committee has recommended the
use of LTGO (Councilmanic) bonds in an amount not to exceed $4
million with subsequent principle and interest payments to be
made from undesignated reserves in the Capital Improvement
Fund.
3 . EXHIBITS: Memorandum from Brent McFall and May Miller
4. RECOMMENDED BY: operations Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $4 million
SOURCE OF FUNDS: LTGO (Councilmanic) Bonds
7 . CITY COUNCIL ACTION:
Councilmember &12 moves, Councilmember�YYLO seconds
that the City' s portion of the downtown Sound Transit Commuter
Rail parking garage be funded with up to $4 million of LTGO
(Councilmanic) bonds and that the Capital Improvement Fund
budget be amended to provide for principle and interest
payments on those bonds to be paid from the funds which are
currently undesignated reserves in the CIP. Further, staff is
directed to aggressively pursue other funding sources including
contributions from METRO, Sound Transit contingency funds, -a.nd--
grants Any funds resulting from this effort will be utilized
to red u e the amount of bonds sold to fund this project or to
cover t e city' s costs in excess of $4 million.
DISCUSSION: �1
ACTION• `� VQ
p �/��1•VD tiouncil Agenda
��CtIem No. 4B
Memo
Date: April 17, 1998
To: Council Members:
Sandy Amodt Leona Orr
Tom Brotherton Judy Woods
Tim Clark Rico Yingling
Connie Epperly
CC: Brent McFall 1
From: May Miller,Finance Director
Subject: TRANSPORTATION PARKING GARAGE
Attached is the financial analysis the Operations Committee asked me to provide on the parking
garage funding. I've included three scenarios: Exhibit A, before the parking garage; Exhibit B,
includes debt service on a$4 million bond issue; and, Exhibit C, debt service on a$5 minion
bond issue for the parking garage.
You will note the change in the undesignated fund balance(the last line). Without the issue the
undesignated surplus accumulated is over$2 million in 2003; with a$4 million issue, the 2003
balance drops to $435,123; and, with a$5 million issue, the balance drops to $17,168.
Even though the $5 million issue shows a deficit in 2002, changes in revenue or other capital
expenses could eliminate this deficit. The $4 million issue seems to be the safest within the
existing taxes but the $5 million garage isn't totally unfeasible.
The taxes supporting these capital projects are primarily supported by the city's 10% share of
state sales tax and would not include any additional taxes to Kent citizens.
Please call Brent if you have any questions as I'll be in Yangzhou, China next week. I hope this
answers your questions.
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CITY OF KENT MEMO
TO: Brent McFall , Director of Operations
FR ohn Hillman, Assistant Finance Director
DATE: April 30, 1998
SUBJECT: Scheduled Payment of Existing Debt Service by Capital Improvement
Fund
Re: Request made by Councilmembers Epperly, and Yingling.
Attached is debt service schedule of existing councilmanic debt scheduled to
be paid for by the Capital Improvement Fund. For presentation purposes on the
graph, the real estate contract for the purchase of fire station 75 which is
due and includes a large balloon payment in 1999 has been carried out over
future years since the Capital Improvement Plan proposes to finance the
balloon payment through a councilmanic bond issue in 1999.
Attachments
1 . Debt service schedule graph
2. Detail of existing debt service
cc
May Miller, Finance Director
Amount
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W N W Q r U P m Oi J J N'O r U
April 7, 1998
Committee of the Whole
Item No. 3
Funding Options for Commuter Rail Parldng Garage
Summary:
The attached memorandum discusses various options for financing the city's share of the
cost of a parking garage to be built at the downtown commuter rail station.
Staff seeks direction from Council on how to proceed with this project
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MEMORANDUM
TO: CITY COUNCIL
FROM: BRENT McFALL
SUBJECT: FINANCING OPTIONS FOR PARKING GARAGE
DATE: APRIL 1, 1998
Recently City Council has asked that staff develop for consideration various options for
financing the city's share of a parking garage. This garage would be constructed in
conjunction with the Sound Transit(RTA) Commuter Rail Station to be located in
Downtown Kent. The city's financial obligation would be the difference between the
RTA project budget, which contemplates surface parking, and the added cost of
structured parking. This cost is estimated at$4 million,however this cost could be
higher. Staff has tried to identify options which would generate enough revenue to fund
as much as $5 million should costs go that high. The options identified in this
memorandum are,.for the most part, capable of being"mixed and matched." That is,the
sources could be combined in various formulae,which would allow more than one source
to be utilized
' Debt service (principal and interest) on a$4 million bond issue is estimated at$328,00
_ annually for twenty-years. Debt service on a$5 million issue-is estimated at S410,000
annually. Therefore,.any revenue source other than cash has to generate enough revenue
annually to meet this debt obligation
In reviewing each of the options, I attempt to point out the positive and negative
implications of each so that you can make an informed decision regarding which options
you will choose.
OPTIONS
1. Undesignated Reserves in Capital Improvement Fund. The Capital
Improvement Fund has seen revenue performance in excess of projections j.
resulting in an undesignated reserve estimated at$429,705 in 1998. With revenue
_growth in the fund projected at 3% annually,the undesignated reserve continues
at a rate in excess of projected CIP expenses that would be sufficient to meet
principal and interest payments on a Councilmanic Bond issue(see Attachment
A). This would appear to be the most likely source of funds to meet debt 1
payments on a garage bond issue. The funds are likely to be available into the
future given the conservative projections of revenue growth. However, use of
these reserves makes them unavailable for other capital improvement projects that
are not yet identified. There is also the unlikely potential that, revenues will not
perform as projected in which projects that are currently planned in the CIP would
1
ratings will most assuredly go down which then increases our cost of borrowing.
In effect, this increases the cost of all future capital projects that are funded by
bonds. Staff cannot recommend use of these General Fund Strategic Reserves for
the purpose of constructing a garage or any other capital project. Save this for an
emergency, and hope that we never need to use it.
6. Voted Bond Issue. Council could place this issue in front of the voters for
authorization to issue General Obligation Bonds which are supported by a
separate property tax levy. This option has the benefit of generating new revenue
to pay for the principal and interest cost of the project. This does not impact the
city's other financial obligations. The disadvantages to this option are timing and r
uncertainty. An election could not be conducted until September, 1998.
Therefore, Council would not know until fall whether or not this source of funds
could be utilized. Additionally, voters might not approve the bond issue and tax
levy resulting in Council being forced to finance the garage with some other
method after the voters have said"no."
7. Real Estate Excise Tax,Second '/e %. Authority exists under state law to levy a
Real Estate Excise Tax (REET) of 1/.% in addition to the '/.% currently collected.
This is a tax applied to the sales price of property at the time of sale. The law
strictly limits the uses of this tax, and it is doubtful that REET could be used for
purposes of paying for garage construction. However, REST proceeds go into our
CIP fund, and could perhaps be used to offset expenditures funded by sales tax in
the CIP thereby freeing up sales tax receipts in the CIP to pay for the garage. The
BEET is a notoriously volatile revenue source that fluctuates from year to year.
However,it should generate between$600,000 and$lmillion annually. We have
been holding the second '/.% REET in reserve as a potential source for funding
park improvements in the firture. Using the REET for garage purposes would
make it unavailable for parks.
8. Grants. Staff is exploring the potential for any grant funding to help pay for a
portion of the garage. Grant funding does not appear to be likely at this time, and
will almost certainly not be available and committed prior to July 1, which is
RTA's deadline for making a decision. We will continue to pursue this option,
but we are not optimistic. We do not feel that Council should count on this as a
funding source.
9. METRO Participation. If METRO decides to combine their current park& ride
lot with the RTA station, we might be able to obtain financial participation from
them. No decision has yet been made regarding combining the lots so any `
participation level would be speculative at this time.
10. Defer Projects Currently Planned in the CIP. There are projects currently
funded in the CIP such as parks development, major building repairs, mechanical
systems replacement, Downtown Gateways, and land acquisition which could be
deferred or eliminated. In most years this would not free up enough funds to make
debt service payments, and would have the effect of gutting virtually all other
projects in the city for the sake of the parking garage. Council would need to
determine that the parking garage is a higher priority than virtually all other
projects before this option could be considered. Staff does not recommend this
option.
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Kent City Council Meeting
Date May 5, 1998
Category Bids
1. SUBJECT: VACTOR SOLIDS FACILITY, S. 266TH & 64TH AVENUE S.
2 . SUMMARY STATEMENT: The bid opening on this project was held
on April 29th with seven bids received. The low bid was
submitted by Archer Construction in the amount of $339, 545.99 .
The Engineer's estimate was $369 , 193 . 03 .
The Public Works Director recommends that the contract be
awarded to Archer Construction.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOUIRED: $339 , 545. 99
SOURCE OF FUNDS: Vactor Solids Facility Fund (D42)
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
that the Vactor Solids Facility (S. 226th & 6 th Ave ue South)
contract be awarded to Archer Construction for the bid amount
of $339, 545 . 99 .
DISCUSSION• y (Y
ACTION:
Council Agenda
Item No. 5A
DEPARTMENT OF PUBLIC WORKS
April 30, 1998
TO: Mayor &-City Council �Q��
FROM: Don Wickstrom, Public Worlcs Directoro
RE: Vactor Solids Facility (S 226th &- 64th Ave)
Bid opening for this project was held on April 29th, with 7 bids received. The low
bid was submitted by Archer Construction in the amount of $339,545.99. The
Engineer's estimate was $369,193.03.
It is the recommendation of the Public Works Director that the Vactor Solids Facility
(S 226th &- 64th Ave) contract be awarded to Archer Construction for the bid
amount of $339,545.99.
BID SUMMARY
Archer Construction 339,545.99
Mer-Con Inc 363,579.12
Able Wright &- Co 404,525.23
R. W. Scott Construction 434,792.81
Porter Brothers Construction 466,725.47
Higler Construction 467,125.21
TEK Construction, Inc. 480,175.40
Engineer's Estimate 369,193.03
MOTION:
Councilmember moves, Councilmember seconds that the Vactor
Solids Facility (S 226th &- 64th Ave) contract be awarded to Archer Construction for
the bid amount of $339,545.99.
CONTINUED COMMUNICATIONS
A.
R E P O R T S
A. COUNCIL PRESIDENT UL�JL�
B. OPERATIONS COMMITTEE k)kJ
C. PUBLIC SAFETY COMMITTEER,
D. PUBLIC WORKS/PLANNING COMMITTEE
-T
E. PARKS COMMITTEE �J
F. ADMINISTRATIVE REPORTS
EXECUTIVE SESSION - PROPERTY ACQUISITION