HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/16/1999 �= City of Kent
City Council Meeting
Agenda
CITY OF
-Mayor Jim White
Counci/members
Leona Orr, President
Sandy Amodt Connie Epperly
Tom Brotherton Judy Woods
Tim Clark Rico Yingling
February 16, 1999 ,
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CITY OF
SUMMARY AGENDA
KENT CITY COUNCIL MEETING
9 February 16, 1999
Mayor Jim White Council Chambers
7 : 00 p.m.
MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President
Sandy Amodt Tom Brotherton Tim Clark
Connie Epperly Judy Woods Rico Yingling
1 . CALL TO ORDER/FLAG SALUTE
v2 . ROLL CALL
✓3 . CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC
A . PUBLIC COMMUNICATIONS
None
✓5 . PUBLIC HEARINGS
None
✓6 . CONSENT CALENDAR
✓A. Approval of Minutes
✓B. Approval of Bills
✓C. Wetland Enhancement Conceptual Plan at Springbrook
Greenbelt - Accept
✓D. Sewer Comp Plan - Adoption
✓E. WorldCom/MFS Street License - Authorization
✓F. Council Absences (Clark and Woods) - Approv �4a"
✓G. �r Mixed Use Development - 0 ante- 5��
✓H. Comprehensive Pla and onin men men - Ordinances-
✓I . Washington Avenue Self Storage - Bill of Sale
✓J. South Ridge Preliminary Plat - Set Meeting Date
✓K. Meridian Ridge Preliminary Plat - Set Meeting Date
7 . OTHER BUSINESS
VA. Emerald Ridge Preliminary Plat
VB. * Subdivision Code Text Amendment - Ordinance- 3gY3
8 . BIDS
►/A. Centennial Infrastructure Wiring
9 . REPORTS FROM STANDING COMMITTEES AND STAFF
10 . ✓ REPORTS FROM SPECIAL COMMITTEES
11 . ✓ CONTINUED COMMUNICATIONS
12 v EXECUTIVE SESSION
None
13 . V 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.
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will , at this time,
make known the subject of interest , so all may be proper'_.'
heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
NONE
B) FROM THE PUBLIC
NDN6
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PUBLIC COMMUNICATIONS
NONE
yM
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CONSENT CALENDAR
L
6 . City Council Action:
Councilmember move, Councilmember " _
secondoolthat C nsent Calendar stems A through K `�Se Vppr9ved
Discussion !w n
Action ifAI�LE�/
6A. Approval of Minutes .
Approval of the minutes of the regular Council meeting of
February 2 , 1999 .
6B. Approval of Bills .
Approval of payment of the bills received through January 29 ,
` 1999, and paid on January 28 & 29, 1999, after approval on
February 2 , 1999 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
1/28/99 211862-212068 $ 414 , 405 . 63
1/28/99 212069-212325 1 , 535, 175 . 16
1/28/99 212326-212587 1 , 282 , 987 . 44
$3 , 232 , 568 . 23
Approval of checks issued for payroll for January 1 through
January 15 and paid on February 5 , 1999 :
Date Check Numbers Amount
2/5/99 Checks 233343-233677 $ 788 , 670 . 39
2/5/99 Advices 75767-76379 245 , 378 . 50
$1 , 034 , 048 . 89
Council Agenda
Item No. 6 A-B
Kent , Washington
February 2 , � 99
Regular meeting of the Kent City was called tI- or.-Ier at
7 : 00 p .m. by Mayor White . Present : Co_nciimembers Amodt ,
Brotherton, Clark, Epperly, Orr, Wccds , and Yingling, Operations
Director/Chief of Staff McFall , C_t.; A—_--crney Lubovic.h, Plarr.ina
Director Harris, Public Works Director W,Ckstrom, Police Chief
Crawford, Fire Chief Angelo, Finance :rector Miller, and Parks
Director Hodgson. Approximate-_ people were at the meeting .
CHANGES TO Card Rooms, Consent Calendar Item 6L. The Cite
THE AGENDA Attorney requested the date of the public
hearing on this item be changed from Februar:; '16
to March 2 , 1999 . here was no object_icn.
PUBLIC Emplovee of the Month. Mavor White announced
COMMUNICATIONS that Kent Huntington of the Fire Department has
been selected as February Employee of the Month.
Fire Chief Angelo noted that Huntington is an
excellent firefighter with the best of attitudes .
He added that during holidays, Huntington helps
make the fire station a special home-away-from-
home . The Mayor then presented the Employee of
the Month plaque to Huntington.
GFOA Distinguished Budget Award. The Mayor
explained that each year the Government Finance
Officers Association recognizes exemplary budget
documentation by state and local governments by
presenting the Distinguished Budget Award, and
announced that the City of Kent has received this
prestigious award for the third year in a row.
He presented the award to Senior Financial
Analyst Jana King and thanked her and Cliff Craig
for a job well done .
Kentview P.U.D. Report. Planning Director/SEPA
Official Harris displayed a map and explained the
area. He said he has received a lot of written
material on this matter, much of which voiced
concern about degrading the environment . He
explained that the northernmost boundary of the
Kent Highlands Landfill and the southernmost end
of a pod of homes is 1, 0001 ; therefore going
through EPA, DOE, Seattle/King County Health
`�✓ Department and other agencies is not required.
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Kent City Council Minutes =ebruary
PUBLIC Harris pointed _ _ a= a SETA Chec kl st
COMMUNICATIONS Mitigated Declar .. ` 'on-Sig^ificance .Yit..
conditions was ic-e , -..J that _-e cond_.._. ns
apply to impacts asscc_a--ed wit.. the
said he has fend t::a-- --::ere is nc ccnnec::=.
between the 3n.: ^,ent Hiah'_ands Landfill .
He explained -_'-at t':e :andfill was in a canyor:
and all of ..he _ .. a.__::ati .. has been ccntained
in that canycn . a repert from the
Closure Plan fcr th landfill , noting that
probably only very small quantities of hazardous
waste were ever delivered to the site , and
that might have entered the landfill were either
industrial wastes ..hat were accroved for deliver-:
to the site or hcusehcid :.azardcus wastes that
were intermixed with the municipal waste
delivered to the site . He said the report aisc
states that leachate contamination of the around
water is very slight , that no existing or pro-
posed primary or secondary drinking water
standard for organic compounds is exceeded, that ...
standards for inorganic compounds is exceeded
only slightly, and there is no indication of
leachate contamination migrating off site . He
noted that the report indicates that the Green
River is not affected by the landfill , and ex-
plained the migration of gas and how it is being
controlled. He said the report notes that the
landfill does not appear to be adversely affect-
ing air quality in the vicinity of the site, and
that the natural ecosystems remaining on and
adjacent to the site do not appear to be adverse-
ly affected by the landfill . He said extensive
information gained during the remedial investi-
gation shows that there is no significant risk to
human health and the environment from the land-
fill, and that closure of the landfill, followed
by monitoring and maintenance, will control ,
minimize or eliminate any threat to human health
and environment .
Harris then stated that after reviewing the many
allegations that the Kentview P .U.D. will have
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Kent City Council Minutes February 2 , 1999
u
PUBLIC adverse impacts cn environment , reviewing the
COMMUNICATIONS record whic: states ::=.ti :ne city expects any
impacts to ce ,.._= _1= _ and reviewing t:.e Kenr-
Highlands Closure any ..=edial Investigation
Report , it :s .ear n c to conclude that the
Planned Unit project ' s impacts will
be adequate:. _ _ _ _ _ _ ,nd that the Kent
Highlands __ _ :mown impacts on the
Kentview _.._ .re is no reasonable
grounds to y pen _ne .._.. . _ew P .U. D . Miticated
Declaraticncf %cn-_3_ - ._ '__cance and cause an
Envircnment3_ _, pact tatem.ent to be prepared,
and that he will sc .
Introduction of Appointees . Council President
Orr introduced Tcm Brotherton, her reappcintee to
the Human Services Cz;mmission.
Council President Orr announced appointees to
the Transportation Funding Alternative Task
Force as follows, and introduced those in
attendance : Jack Evans , Sam Pace, Gary Young,
Jerry Schneider, Fred High, Liz Warman, Terry
Zimmerman, Gayle Harmon, Adrienne Lindblad, Steve
Hull , Julie Reese, Jim Bennett and Bob Whalen.
CONSENT ORR MOVED that Consent Calendar Items A through 0
CALENDAR be approved, including item L as amended. Woods
seconded and the motion carried.
MINUTES (CONSENT CALENDAR - ITEM 6A)
Aipproval of Minutes . APPROVAL of the minutes of
the regular Council meeting of January 19, 1999 .
SEWERS (CONSENT CALENDAR - ITEM 6H)
LID 349 SE 223rd St. Sanitary Sewer, Charge In
Lieu Of Assessment. AUTHORIZATION for the Public
Works Department to establish a Charge in Lieu of
Assessment for $10 , 129 . 00 per connection (per
house) for the affected properties, as recom-
mended by the Public Works/Planning Committee .
There is an estimated potential for seven connec-
tions, therefore the total amount to be collected
✓' is estimated at $70 , 903 . 00 .
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Kent City Council Minutes Februar.' 2 , 1_G99
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SEWERS (CONSENT GALE::DAR - : _=:? 6I )
LID 349, SE 223rd St . Sanitary Sewer, Final
Assessment Roll . __SH March 2nd as
Public Hearn_ date _' _ adept-, on of t:^e cra-......_
confirmin- _ne : _r.a: Assessment Roll for __D ,
as recommended _.._ . �clic Works/P'_annin_
Committee .
STREETS (CONSENT CA: =N:;,R
Traffic Striping. AC=E?_ the Traffic Str _ -nc
contract as c=Zlete an release retalnace to
Stripe-Rite, =nc . standard releases
State and release Cf_ an,_; I-ens , as recommended
the Pub1L.. works Director . The oric,^:a: ccntract
amount was $39, 174 . 91 . The final construction
cost was $29 , 954 . 93 .
HAZARDOUS (CONSENT CALENDAR - ITEM 6G)
WASTE Seattle/King County Health Dept Grant Agreement,
Hazardous Waste Collection. AUTHORIZATION for
the Mayor to sign the Seattle/King County
Health Dept . Grant Agreement for Hazardous
Waste Collection, and direct staff to accept
the grant and establish a budget in the amount
of $21, 727 . 00 , as recommended by the Public
Works/Planning Committee .
RECYCLING (CONSENT CALENDAR - ITEM 6F)
Kinca County Grant Agreement 1999 City Optional
Program. AUTHORIZATION for the Mayor to sign the
King County Grant Agreement , 1999 City Optional
Program, and direct staff to accept the grant and
establish a budget in the amount of $36, 286 . 00,
as recommended by the Public Works/Planning
Committee .
ZONING CODE (CONSENT CALENDAR - ITEM 6J)
Zoning Code Update. ADOPTION of Ordinance
No . 3439 amending Title 15 of the Kent City Code .
Ordinance No . 3409 amending the Zoning Code was
adopted on July 7, 1998 . Subsequent to passage
of Ordinance 3409, additional revisions were made
to the Zoning Code consistent with the recom-
mendations of the Land Use and Planning Board and
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Kent City Council Minutes February 2 , 1993
ZONING CODE as unanimously appr •:ed by the
Works/Planning on January
PLAT (CONSENT CALENDA= - :T7-.m o'C)
Emerald Ridge Preliminary Plat SU-98-16 . SET
February 16 , 1999, as the date for a public
meeting to ccnsider =he Hearing Examiner' s
recommendation of aocrz,.al with conditions for
the applicaticn emerald Ridge Prel ,_m,nar.
Plat .
ANNEXATION (CONSENT CALENDAR - ITEM 6N)
Horseshoe Acres Annexation AN-98-1 . ACCEPT the
petition for 60% of the assessed valuation of th
proposed Horseshoe Acres Annexation and direct
staff to prepare and file a "Notice of Intent"
for the proposed Horseshoe Acres Annexatior. wit::
the County Boundary Review Board. On June 16 ,
1998 , the Council accepted a valid notice of
intent to form the annexation signed by owners of
not less than 10% of the area proposed in the
Horseshoe Acres Annexation.
CARD ROOMS (CONSENT CALENDAR - ITEM 6L)
Moratorium On Card Rooms . ADOPTION of Resolution
No. 1525 imposing a moratorium on the acceptance
of applications for and the issuance of any
business license or any building, land use, or
development permit for card room business
establishments, and further setting March 2 ,
1999, as the date for a hearing on this matter
before the City Council .
A number of food or drink establishments con-
ducting commercial stimulant card games have
opened recently in the King County area,
including the City of Kent . There is a
possibility that the City could receive more
applications for such establishments, signi-
ficantly increasing the number of such uses
within the City. The Kent City Code may not
adequately address the impacts these uses
present . Staff recommends passage of a resolu-
tion establishing a moratorium relating to these
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Kent City Council Minutes February 2 , 1999
CARD ROOMS establishments to cive the Cit-.- time to review
potential impacts and tc evalu--:te whether curr_n:
regulations suffic.ent:y address these -.:ses .
COMPREHENSIVE (OTHER BUSINESS - 1TEM 7B)
PLAN Mixed Use DeveloDoment CPA-98-3/ZCA-98-5 The
Land Use and Planning Bcard 'held a public hearing
on October 26 , 1998 , regarding amendments :o --l-e
Comprehensive Plat: and ZCnirc Code relatino to
multi -family resident '_ai dev_-_cpment in the GC
zoning district . _he Scard recommended no
changes to the Plan and Zoning Code . 'Phis item
was referred to the City Council Public Works
and Planning Committee, who considered it on
January 20 , 1999 , and who recommend that the
Comprehensive Plan and Zoning Code be amended
with regard to multi-family residential
development in the GC zone .
Kevin O 'Neill of the Planning Department
explained that when the Comprehensive Plan was
adopted in 1995 there was a distinction made in
the Plan between the mixed use areas located on
the Valley Floor and the mixed use area on East
Hill , in that multi-family residential uses would
potentially be allowed on the Valley Floor and
that any residential use on East Hill would have
to be combined with commercial uses . He added
that the zoning adopted in 1997 made the same
distinction. He explained that the Committee ' s
recommendation is to modify the Plan and Zoning
Code so that residential development in the mixed
use overlay in the valley would require commer-
cial uses in order to develop residential uses,
so there would be one set of mixed use standards
which would apply throughout the city.
Yingling expressed concern about the ability to
obtain funding for mixed use development, and
O 'Neill pointed out that this has been done in
other cities, as well as on Kent Kangley Road in
Kent . He clarified for Brotherton that the
modification as recommended by the Committee
would still allow for housing development as long
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Kent City Council Minutes February 2 , 1999
CCMPREHENSZVE as it is developed alma with commercial _:ses .
PLAN He added that ne-_ _ .nsultant feels it .,_'ten
takes five tc _eve- •:ears for the market tc
adjust to chances in land use policy and regula-
tions . Brotherten • 7lzed concern about limitinc
residential deve_ccment in the area of the raily
station.
CLARK MOVED to mcdi _fy the Land Use and Planning
Board ' s recc.,,T,e-dazi= t:, the Comprehensive Plan
and Zoning Ccde wit- regard to multi-family
residential develocment in the GC zone, as
modified by the recc-mmendation of the Public
Works and Plan n_r.c Cc .mittee , and to direct the
City Attorney to prepare the necessary ordinance .
Orr seconded.
Steve Dowell pointed out: that because Council-
member Epperly was standing in for Councilmember
Brotherton, the committee recommendation may have
come to Council with a 2-1 vote against change .
Orr stated that if the change is not made to-
night, apartments will be built, which the
citizens of the community do not want . She
clarified that housing targets are being met .
Clark expressed appreciation for the work of the
Land Use and Planning Board and noted that the GC
zoning area is small and is within a half mile of
the train station. He said the zone on East Hill
is a small area along Benson, and that there will
be an opportunity to transform some densely
populated areas into areas that are more
community oriented. He recommended going
forward.
Yingling stated that he is in favor of mixed use,
except in this case . He pointed out that the
members of the Land Use and Planning Board
unanimously agreed to support this, and that the
other type of mixed use designation does not
eliminate apartments . He suggested reconsidering
what the Committee adopted and keeping the Land
Use and Planning Board' s decision to remain the
�..✓ same . Brotherton noted that the builder
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Kent City Council Minutes February 2 , 1999
COMPREHENSIVE currently const ti rucng apartments this gone
PLAN has complied with all rules and a c-an:-e at
time would be a burden for him. He said he %%icul-4
like to amend the mcti= to leave t:.e current
zoning in that one piece of property to protect
the rights of that individual and to ensure that
the apartments which are going to be built there
will be properly maintained in the future .
Lubovich explained hat a non-ccnformina use can
be maintained but nct expanded, and that a
different designaticn wculd have to be created
in order to expand development . Orr said
that changing the zone at this time would not
jeopardize the current project .
Woods said she appreciates the work of the Land
Use and Planning Board, and noted that low-income
senior housing has been built recently in the
downtown area . Yingling emphasized that the
current builder has followed every rule and that
he should be allowed to finish his project with
the same rules . Brotherton suggested asking the
Planning Department to prepare a Comprehensive
Plan change to take through the hearing process
to handle this situation. Satterstrom clarified
that if a non-conforming use burns to the ground,
it can re-establish itself by applying for a
building permit within one year, that expansion
of a non-conforming use would require applying
for a conditional use permit, and that financing
is a concern.
The motion then carried with Amodt, Brotherton
and Yingling opposed.
(OTHER BUSINESS - ITEM 7C)
Co=rehensive Plan and Zonina Amendments
CPA-98-2 (A-L) /CPA-98- (1-9) . According to City of
Kent procedures, amendments to the Comprehensive
Plan are processed collectively once every year.
Applications for 12 plan amendments were received
by September 1 , 1998 . Ten of these applications
were plan map amendments with rezone requests,
one application was for a policy amendment, and
8
Kent City Council Minutes February 2 , 1999
W✓
COMPREHENSIVE one request was an amendment of the City' s
PLAN Capital Facilities Element . The Land Use and
Planning Board held public hearings and made
recommendations on these proposals on
November 23 , November 30 , and December 1 1998 .
Matt Jackson of the Planning Department reviewed
each of the twelve 'Items, pointed out the loca-
tions on a map, and noted the recommendations as
follows :
A - Brutsche - denial of request
B - Shulman - denial of request
C - Burridge - denial of request
D - Costanzo - approval of application
E - Mower/Tonelli - approval of application
F - Mower/Nguyen - denial of application
G - Gusa - approval of request
H - Houle - approval of application
I - Mower/Hebert - denial of application
`.✓ J - Ruth - Add request to work program for 1999
for study as to whether the proposal has merit
K - Capital Facilities Element - approval as
recommended by the Finance Department
L - Planning Department - no recommendation
Regarding the Costanzo application, Jackson noted
that there is a natural slope and existing family
zoning on the east side; regarding the Houle
application, he said there had been no discussion
on the water level of the lake or boat usage;
regarding the Ruth application, he read the
request as follows : A request to add the follow-
ing policy in one of the Comprehensive Plan
sections headed by Goal LU-9 and Goal LU-10 of
the Comprehensive Plan Land Use Element : Allow
and encourage single family townhouse style
attached condominiums in the single family
residential zones that permit residential
densities of six units per acre or higher.
Upon Orr ' s question, Jackson agreed to determine
whether the minutes of the Land Use and Planning
�✓ Board' s meeting of November 30 , 1998 , regarding
9
Kent City Council Minutes February 2 , 1999
e✓
COMPREHENSIVE Item L are correct . :zarris recommended no
PLAN action be taken cn :tem. L at this __,,,e . Clark
agreed.
The City Attorney pointed out that the Lard Use
and Planning Board held hearings on these
matters, and that although public input can be
given at toniaht ' s meetira, another hearing
would be reauired if there is new information
outside the record which causes a substantive
change to the recomm,endations .
Proposal A
CLARK MOVED to uphold the Land Use and Planning
Board and deny the Brutsche request . Woods
seconded. Jerry Cline, 823 Joshua Green
Building, Seattle, representing Mr. Brutsche,
said the amendment would allow for a neighborhood
convenience store on the corner, would reduce
traffic on Kent-Kangley Road and on 256th Street,
and is consistent with Comprehensive Plan Land u
Use Policy 13 . 5 . Beverly Reidler, 13110 S .E .
258th Street , disagreed with Cline and said a
convenience store would not benefit their
neighborhood. She said there are stores within
a mile each way, and while it may reduce traffic
on Kent-Kangley, it would increase traffic on
256th and would present safety issues . The
motion to deny the request then carried.
Proposal B
CLARK MOVED to uphold the Land Use and Planning
Board and deny the Shulman request . Woods
seconded. Jack Lynch, 1001 NE Boat Street,
Seattle, representing the owner, noted that this
request was made last year and at that time staff
recommended a land use and zoning change but the
Planning Board was split and Council said this
type of request would be addressed through a
condominium ordinance . He said this year they
proposed townhouse condominium units only,
reduced the number of units, and proposed that
that development be clustered on the north side
of the property. He said it appeared at the time
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Kent City Council Minutes February 2 , 1999
COMPREHENSIVE that the Board was supportive of the concept but
PLAN were concerned hcw to ensure that town^.ruse
condominium units would actually be built . He
explained that an agreement restricting the
property to townhcuse condominiums only was sub-
mitted in January. He noted that there were
other restrictions in the agreement as we_'_ , and
urged the CounCil to approve the request , subject
to the covenant . Yar,= Durkan, Jr . , 33C SW
43rd, Renton, noted that paperwork for a site-
specific covenant rezcne has been submitted and
asked that if action on that cannot be taken at
this time that the Council consider a townhouse
ordinance .
Orr spoke in favor of creating a condominium zone
in the near future . She offered to schedule a
special workshop on the issue, after which staff
can follow up. Upon Epperly' s questions about
those who are currently interested in building
condominiums, Lubovich said an analysis is
appropriate, that staff would like to have some
input from Council , and that action could be
taken on a contract rezone proposal tonight . He
explained for Yingling that there is an under-
lying desire not to have more apartments in the
area and that there are currently no regulations
dealing with condominiums other than through a
negotiated contract rezone . Harris voiced
opposition to contract zones and recommended not
using them. Upon Orr' s question, Lubovich
explained that once a condominium ordinance is in
place, applicants would go through the annual
process . CLARK WITHDREW his motion and Woods
withdrew her second. CLARK THEN MOVED that this
proposal be tabled until there has been a chance
to process it in an appropriate fashion as de-
scribed by this discussion. Woods seconded and
the motion carried.
Proposal C
CLARK MOVED to uphold the Land Use and Planning
Board and deny the Burridge request . Woods
�✓ seconded. Rick Moose, 21325 204th Avenue SE,
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Kent City Council Minutes Februar. 2 , 1999
COMPREHENSIVE Maple Valley, behalf of the appli
-
PLAN cant, said the reper- __-sued by the Planning
staff recommended _ = :a. , noting that is a::
ideal fit for ie.^.sities . The mction
then carried.
Proposal D
CLARK MOVED _ :e _-stanzo proposal as
opposed tc . '-e ind Planning Board whICh
recommended apprc•.a_ :::e ;,.ctien died _Cr lack
of a second . R'c: . .2VED to uphold the Lard
Use and Plan =.—. _..d approve the Ccstanzo
proposal . r4ccds se::=_4-_J . Clark explained that
Kent-Kangley as er_:al development along
and this creates prcL:e- s . The motion then
carried with Clark cpp Sed .
Proposal E
CLARK MOVED to uphold the Land Use and Planning
Board and accept the Mower/Tonelli application.
Woods seconded. Dana Mower, DBM Consulting .✓
Engineers, said this is an ideal property to make
this zoning change on, as the existing zoning on
the property negatively impacts the existing
zoning to the east . Rich Tonelli , 22440 88th
Avenue S . , said they have been unable to develop
the property due to the large investment require-
ments and development risks . He said that multi-
family zoning makes sense, and would reduce
traffic on East Hill . Gary Volchok, 16400
Southcenter Parkway, Tukwila, pointed out that
the access into the industrial zoning property is
the same road as the residential portion in the
back, resulting in trucks and families both using
the same road. He added that the size of the CM
zoning is difficult to develop . Orr noted that
staff did not recommend this change and that
there are good reasons for that . She said
industrial land is becoming more and more scarce
and this is not a good place for multi-family
housing. The motion then carried with Orr and
Yingling opposed.
.✓
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Kent City Council Minutes February 2 , 1999
COMPREHENSIVE Proposal F
PLAN CLARK MOVED to uphold the Land Use and Planning
Board and deny the Mower/Nguyen request . Woods
seconded. Dana Mower, DBM Consulting Engineers ,
pointed out that the site is divided with a split
zone, and that there are 3 -5 accidents per year
at the intersection. He asked that the property
be converted from a single-family residential use
to a business, noting that it is only half an
acre in size and there is no other practical use .
The motion then carried with Amcdt , Epperiy and
Yingling opposed.
Proposal G
CLARK MOVED to uphold the Land Use and Planning
Board on the Gusa request . Woods seconded and
the motion carried.
Proposal H
CLARK MOVED to uphold the Land Use and Planning
`..� Board on the Houle application. Woods seconded.
T. J. Tuntland, 25725 135th Place SE, noted that
last year this was presented for SR6 and was
denied, and said it should not be changed to SR8 .
He voiced concern about public safety access, the
safety of the lake, and environmental impacts .
Dick Lamb, 25708 135th Place SE, said there is
only one access and that more homes would create
problems with traffic and with access to the
lake . James Tuntland, 25725 135th Place SE, said
he would like to know why the Land Use and
Planning Board is recommending SR8 now after
backing the residents on SR4 . 5 for years . Tim
Mullenberg, 25715 135th Place SE, said this is
too much housing for the area and there are many
concerns, as previously mentioned. Orr spoke in
opposition to the proposed density and voiced
concern about having only one entrance .
Brotherton also spoke against the motion, citing
congestion in the area, traffic, and the water
level in the lake . Upon Woods ' question, Jackson
explained that in previous years the request had
been for multi-family zoning, and that adding the
�✓ density was a way to off-set the cost of
13
iM•....••.... .........xw.
Kent City Council Minutes February 2 ; 1999
COMPREHENSIVE improvements . He noted fcr Orr that all t:ne
PLAN property zoned SRq . ".as a land use des:gnat:cn
as SF6 . The mct_C' failed with nc one _n
favor.
Proposal I
CLARK MOVED to �:::e Land Use and P'lann:^
Board and deny �he . . .tier;'Hebert reeuest . woods
seconded. Dana 2Ra Consulting Eng:^eery ,
pointed out: that th_s %%as a split vote at t::e
Land Use and Planning Ecard and presented two
alternatives : 1 ; use _f an overlay which states
that two-story for-sale ocndcmin:um townhouses
are the only thing allowed in the zone, and 2 ;
down zone the property to MRG zoning from 231
units to 16 units . Rcaer Newall , 1102 19th
Avenue E, Seattle, architect for Roger Hebert ,
stated that the condominium townhouse would be
substantially less in density and height and
would have less lot coverage than what is
currently zoned. Hugh Leiper said mixed zoning a✓
will work only in certain areas, and that this
site is very small . CLARK WITHDREW his motion
and MOVED to table . Woods seconded and the
motion carried.
Proposal J
Orr noted that a decision has been made to work
on condominium zoning and that by adopting a
condominium zone, the Ruth request is a non-
issue. She said she cannot support spending
staff time to work on a program that would allow
multi-family style development in single-family
zones, but that some of the issues can be
resolved if a condominium zone is established.
CLARK MOVED to table this issue indefinitely.
Woods seconded and the motion carried.
Proposal K
CLARK MOVED to uphold the Land Use and Planning
Board in amending the Capital Facilities Element
as outlined by the Finance Department . Woods
seconded and the motion carried.
.V.r
14
Kent City Council Minutes February 2 , 1999
COMPREHENSIVE Proposal L
PLAN Clark suggested d- _ the request to change
the Land Use Mac in __ dar to implement an action
contained in the Strategic Action Plan,
as it does not need be dealt with. or--
pointed out that t:^ issue will be dealt with a
some point , 'cut _ha _ _ar,ficaticn is needed at
this point . C T,R:: . ._% to table this issue
until the 'arch 77ee_ 1n- . Woods seconded and the
motion carried.
CLARK MOVED to d,re_- -::e City Attorney to pre-
pare the necessary rd_nanC es to uphold these
decisions . Woods se_-r.ded and the motion
carried .
WOODS MOVED to make tie letters received a part
of the public record . err seconded and the
motion carried.
(OTHER BUSINESS - ITEM 7D)
Shoreline Master Program CPA-98-4/SMP-989-1.
The Land Use and Planning Board held a public
hearing on December 14 , 1998 , to consider amend-
ments to the Kent Shoreline Master Program and
Comprehensive Plan goals and policies relating to
shoreline management . The Board recommends
adoption of the revised Kent Shoreline Master
Program, dated December 14 , 1998 , with amend-
ments . This item was referred to the Public
Works/Planning Committee, who considered it on
February 1, 1999 .
Kevin O'Neill of the Planning Department
explained that the Public Works and Planning
Committee recommends adoption of the draft
Shoreline Master Program dated December 14 , 1998 ,
as amended by the Land Use and Planning Board on
December 14 , 1998 , with revisions and additional
amendments recommended by the Committee on
February 1, 1999 . He outlined the recommendation
of the Public Works and Planning Committee as
shown in his memo of February 2 , 1999 .
15
Kent Citv Council Minutes Februar'! 2 , 1999
COMPREHENSIVE The City Attcrne.: .. t hat this is a
PLAN Comprehensive . __n that t ere .. s
been a public .:ear ;nd that if ccmmen_S
the public are er.tc- t_-ned, they should ce
directed to -."e rec _4 .
CLARK MOVES to adcct _..e and Use and
Board ' s reccm.mendat = ..._ as amended by the
Works and . _an.._. _ t......=_tee, with the except_....
of Item No . 2 reaard=_ covered moorage . pper;v
seconded and t::e mc: :.cn carried.
CLARK noted ti:at the Pu. __c Works and Planning
Committee chose not to uphold the Land Use and
Planning Bcard regarding Item No . 2 . HE MOVES to
approve the Land Use and Planning Board ' s reccm-
mendation as modified by the Public Works and
Planning Committee . Woods seconded. Clark
clarified that his motion would allow for covered
moorage, including canopies on submerged, free-
standing mechanical boat lifts associated with
single-family residential piers and recreational
watercraft, in the Urban-Lake Residential
environment, provided:
1 . No roof or canopy shall be more than 25 feet
in length or wider than 12 feet ;
2 . No portion of the roof or canopy shall exceed
a height of 9 feet above the ordinary high
water mark;
3 . The roof or canopy shall at no time have any
side partly or wholly enclosed;
4 . Canopies and roofs shall be of a solid color
and should be of a shade that is unobtrusive;
5 . only one covered moorage per single-family
residence shall be allowed;
6 . Covered moorage supported by piles shall be
located as close to shore as possible and in
no case shall any portion of the covered
moorage extend further waterward than 60 feet
from the ordinary high water mark;
7 . Covered moorage shall be located on the side
of the pier or dock closest to the center of
the lot ' s shoreline .
16
Kent City Council Minutes February 2 , 1g99
`rr
COMPREHENSIVE Clark then explained the process which had been
PLAN held and noted that ....-is is an outcome cf the
Growth Management Act . He emphasized that
changes have occurred and must be dealt wit'- .
Gary Volchok, 764CC Scuthcenter Parkwav,
member of the citizen committee, said the
committee did ^ct feel covered moorage is detri -
mental to the ccmmun_ty and did not have a
problem allowing ccvered moorage with ccndit_cns .
Victor Pace, 146C7 SE ..67th Street , spoke in
favor of covered mccrace , saying he has ::ad
covered moo--ace fcr 30 years with no ccmo,ai-as
from neighbors recard:::g obstruction of their
view. Steve 'IcSewell , 25860 136th Avenue, a
member of the committee , said they were all in
favor of covered mcorage . Casey Gibbs , 14661 SE
267th Street , spoke :n support of covered
moorage . He noted that 5 ' was the setback
addressed by the Land Use Board rather than 10 '
and that he lost a view of Mt . Rainier to legal
u zoning. He said the loss of the view impacts his
property value and enjoyment of his property more
than his covered moorage impacts the neighbors,
and urged the Council to allow covered moorage .
Michael Moriarity, 26418 136th Avenue SE, said
view is not an issue and spoke in favor of boat
covers . Ellyn Ricker, 26715 148th Avenue SE,
noted that some boats are larger than boat
covers, and said view is slightly restricted by
the covers but that it does not offend her since
they provide protection from the elements . Steve
Crowell , 26709 148th Avenue SE, said the dif-
ference between older covers and newer ones is
that the older ones are built at a very low
level . He said that covered boatlifts have more
visual impact than covered moorages in that the
boat is required to be lifted up out of the water
and covered, so that the height of the structure
is probably 8 or 9 feet . He added that the roof
is sized larger than the boat . He pointed out
that there are fewer restrictions in what is
being proposed than in what the Land Use and
Planning Board rejected, and said Items G4 and
�✓ vii regarding the height of the canopy should be
17
Kent City Council Minutes February 2 , 1999
COMPREHENSIVE included. Grec White , 26914 140th Avenue SE,
PLAN voiced opposition and concern that additicnal
covers would add to the congestion and __utter
already on the lake . John Mason , 14405 SE 255-_h,
spoke in favor of tcatlifts and covers and said
he can still see Mt . Rainier. He said the fact
that covers are all--wed does not mean they will
be built .
Brotherton noted -_'rat there are approximately six
boatlifts on the lake, as well as several covers .
He showed a picture cf a wooden structure 'cull-_
low to the water and pcinted out that they are
simply another man-made structure in an area of
man-made structures . He noted that Lake Meridia^.
has been an act_ve recreational lake for twenty-
five years and explained that the proposed amend-
ment is a compromise so that views are protected
by limiting the size , height and placement of
structures . Amodt agreed with Brotherton and
noted that the view of Mt . Rainier was blocked
after an addition to a house . She said she is in
favor of keeping boat moorage as the lake is for
recreation and boats are an investment . Yingling
thanked Brotherton for all his work on this
issue. The motion then carried with Clark
opposed.
TECHNOLOGY (CONSENT CALENDAR - ITEM 6E)
Purchase Additional Fiber Optic Cable From TCI.
AUTHORIZATION for the Mayor to apply funds
estimated at $155, 213 from the Technology Plan
contingency budget to extend the City' s fiber
Optic backbone, as provided under the City' s
franchise agreement with TCI .
Extending the City' s I-Net to the remaining City
facilities will create a faster overall network
with reduced operational costs .
18
Kent City Council Minutes rebruary 2 , 199:
APPOINTMENTS (CONSENT CALENDAR - ITEM 6K)
Transportation Funding Alternatives Task Force .
APPOINTMENTS the Transportation Fund:^
Alternatives -ask- . ::rce , as announced by �ounci:
President Orr .:r.der Introduction of Appcintees .
EMPLOYEE (CONSENT CALENDAR - :TEM 6D)
SERVICES Diversity Training Consultant Contract.
AUTHORIZATI N cf a --cntract which will crcvide
Inclusion and Diversit.✓ 'Training for all City
employees from E:{ecut. ✓e Diversity Services ,
Inc . , for So C0 pi:;s tax.
As directed by Maycr White and the Citv Council ,
Employee Services has, in conjunction with a
committee of City employees and citizens,
selected Executive Diversity Services, Inc . as
the consultant to provide Inclusion and Diversity
Training to all City employees .
�../ FINANCE (CONSENT CALENDAR - ITEM 6B)
Approval of Hills . APPROVAL of payment of the
bills received through January 15 and paid on
January 15 after auditing by the Operations
Committee on January 19 , 1999 ,
Approval of checks issued for vouchers :
Date Check Numbers Amount
1/14/99 211300-211502 $1, 060 , 900 . 19
1/14/99 211503 -211811 2 , 153 , 318 . 99
1/15/99 211812-211861 254 , 195 . 24
$3 , 468 , 414 . 42
AAAroval of checks issued for payroll for
January 1 through January 15 and paid on
January 20, 1999 :
Date Check Numbers Amount
1/20/99 Checks 232971-233342 $ 303 , 690 . 81
1/20/99 Advices 75061-75766 897 , 957 . 54
$1, 201, 648 . 35
19
Kent City Council Minutes February 2 , 1999
FINANCE (OTHER BUSINESS - :TEM 7A)
Councilmanic Bonds and Proiect Authorization.
Staff requests approval to proceed wit^ a
Councilmanic bond issue for $20 , 858 , 000 plus de'----
issuance costs . Twc issues were planned in the
1998 and 1999 Capita: Plans and Budgets ; however
they are berg ccr.sclidated into one issue in
order to take advan::a=e of the lowest cost of
capital in twenty years , and to save cn issuance
costs . The Ccerat_cns Committee recommended
approval at their -anuary 19 , 1999 meeting .
Finance Director Miller outlined the projects
which will be covered by the bond issue and
pointed out that this does not include a tax
increase or new money. Dick King of Lehman
Brothers, the bond underwriter, said interest
rates are very attractive right now, that the
economic forecast is that interest rates will
remain relatively stable, and that by consolidat-
ing both issues, the interest rate is locked in.
Miller noted that this will be on the Council
agenda of March 16th with the final dollar
amount, and that they may refinance other issues
later because of the low interest rate .
WOODS MOVED to proceed with the issuance of
Councilmanic Bonds of $20 , 858 , 000 plus bond
issuance costs ; to establish and/or amend the
necessary budgets for the projects, debt issuance
costs and debt service as outlined; to proceed
with several projects, including tenant improve-
ments, Phase II of the Space Study and purchase
of the land for the East Hill Maintenance
Facility, with the intent to reimburse these
projects with the bond proceeds; and to authorize
the Mayor to sign a contract with Merrit &
Pardini for an amount not to exceed $300 , 000 for
Phase II of the Space Study. Brotherton seconded
and the motion carried.
REPORTS Council President. Orr asked Councilmembers to
contact the Council Secretary regarding the
u
Suburban Cities dinner.
20
Kent City Council Minutes Februar_; 2 , 1999
REPORTS Operations Committee . Woods announced that the
next Operations Ccmm=:ee meeting will be char.oew
from February 16 to February 23 , 1999 at
3 : 30 p .m.
Public Works/Planning Committee . Clark noted
that the next meeting will be held on Wednesday,
February 17 , 1999 at 3 : 30 p .m.
Administrative Reports . McFall reminded
Councilmembers of the Ccuncil Retreat or.
March 26-27 , 1999 , and the Community Summit on
March 18 .
EXECUTIVE McFall noted an Executive Session of approxi-
SESSION mately 15 minutes regarding negotiations for
property acquisition, with action at the conclu-
sion anticipated. The meeting recessed to
Executive Session at 10 : 15 p .m. and reconvened at
10 : 33 p .m.
Property Acquisition. WOODS MOVED to authorize
the Mayor to sign Addendum No . 3 to the Real
Estate Purchase and Sale Agreement between
Columbia Greenhouse, Inc . and the City of Kent .
Epperly seconded and the motion carried.
ADJOURNMENT The meeting adjourned at 10 : 34 p .m.
Brenda Jac er, CMC
City Cler
21
w
Kent City Council Meeting
Date February 16. 1999
Category Consent Calendar
1 . SUBJECT: WETLAND ENHANCEMENT CONCEPTUAL PLAN AT SPRINGBROOK
GREENBELT - ACCEPT
2 . SUMMARY STATEMENT: Acceptance of the Wetland Enhancement
Conceptual Plan at Springbrook Greenbelt, subject to approval
of permitting agencies, and authorization to enter into an
agreement with Matlack, Inc.
3 . EXHIBITS: Matlack, Inc. proposal
4 . RECOMMENDED BY: Staff and Parks Committee
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES
6 . EXPENDITURE REQUIRED: $20 , 000
SOURCE OF FUNDS : Matlack Inc
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6C
..........
Proposal from Matlack, Inc.
Springbrook Creek Wetland Mitigation
Parks Committee 1/19/99
Matlack, Inc. proposes off-site wetland mitigation to compensate for
unavoidable wetland impacts associated with construction of a new rail spur
at their existing facility on 77 h Avenue South. The area of impacted wetland
is 26,800 square feet. The City of Kent requires mitigation at a 1 .5:1 ratio.
The area of created wetland will be 40,2000 square feet. The mitigation area
will be graded to the elevation of the flood plain adjacent to Springbrook
Creek. The wetland and a 50-foot wetland buffer will be planted with native
vegetation. The estimated cost of implementing wetland mitigation is roughly
$20,000. These costs will be paid by Matlack, Inc.
.........................
Kent City Council Meeting
Date February 16 , 1999
Category Consent Calendar
1 . SUBJECT: SEWER COMP PLAN - ADOPTION
2 . SUMMARY STATEMENT: As recommended by the Public Works/
Planning Committee, adoption of the Sewer Comp Plan subject to
the issuance of a DNS or MDNS where the conditions are of an
inconsequential nature as to the content of the Plan, as
determined by the Public Works Director.
3 . EXHIBITS: Public Works Director Memorandum; Sewer Comp Plan
(One copy in the Council Office . Additional copies available
in the Engineering Department)
4 . RECOMMENDED BY: Public Works/Planning Commission
(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. 6D
DEPARTMENT OF PUBLIC WORKS
v
February 1, 1999
TO: Public Works/Planning Committee
FROM: Don Wickstrom
RE: Sewer Comp Plan
As intended, this item was carried over from the January 201" Committee meeting. A copy of the
memo from that meeting is enclosed. Nothing new thereon is planned to be presented. It should
be noted, however that the SEPA process for the Plan has not yet been completed. Because this
is a planning level document the SEPA process shouldn't raise any issues unlike that associated
with a specific construction project. Further the document itself presents nothing new or
controversial which supports a high probability of a clean Determination of Non-Significance.
Since we are on a tight time frame, we ask that the Committee recommend adoption of the Comp
Plan to the full Council subject to the issuance of a Determination of Non-Significance (DNS) or
a Mitigated Determination of Non-Significance (MDNS) wherein the conditions thereof are of an
inconsequential nature as determined by the Public Works Director to the content of the Plan.
MOTION: Recommends to the full Council adoption the Sewer Comp Plan subject to the
issuance of a DNS or MDNS where the conditions thereof are of an inconsequential nature as
determined by the Public Works Director to the content of the Plan.
MP.coMP
Kent City Council Meeting
Date February 16 , 1999
Category Consent Calendar
1 . SUBJECT: WORLDCOM/MFS STREET LICENSE - AUTHORIZATION
2 . SUMMARY STATEMENT: Approval of and authorization for the
Mayor to sign the limited street license between the City of
Kent and Metropolitan Fiber Systems of Seattle, Inc .
3 . EXHIBITS: License agreement
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. 6E
LIMITED STREET LICENSE BETWEEN
THE CITY OF KENT AND
METROPOLITAN FIBER SYSTEMS OF SEATTLE,INC.
THIS LIMITED STREET LICENSE("License") is entered into between the CITY OF
KENT, a Washington Municipal Corporation("City"), and METROPOLITAN FIBER
SYSTEMS OF SEATTLE, INC. ("MFS").
WHEREAS,MFS seeks to construct, install, operate, inspect,maintain and repair a fiber
optic cable route in the City of Kent; and
WHEREAS,MFS has requested that the City grant a License to use City right-of-way to
construct, install, operate, inspect,maintain and repair a fiber optic cable route; and
WHEREAS,the City is willing to enter into this License under the terms and conditions
forth in this License so that MFS can commence construction, installation, operation,
maintenance, inspection and repair of the fiber optic cable; and
NOW, THEREFORE, THE CITY AND MFS AGREE AS FOLLOWS:
LICENSE
1. License Granted. The City grants MFS this Limited Street License for a period
of ten(10)years from the effective date of this License to install,construct,operate,maintain,
remove,repair,reconstruct,replace, use and inspect a fiber optic telecommunications system
containing fiber optic cable and all related equipment(the"Fiber Optic Line')across, along, in,
upon, and under the City's right-of-ways described in Exhibit A,which is attached and
incorporated by this reference. A general description of the plans and specifications for this
Fiber Optic Line are also attached as Exhibit A. This License may be renewed for one additional
ten(10)year term, followed by an additional five(5)year term,upon terms and conditions
satisfactory to the City and MFS. This License is subject to all the terns and conditions
established below.
2. Revocation and Termination. The intent of this License is to authorize MFS to
construct, install, operate, inspect,maintain and repair its Fiber Optic Line on the designated City
right-of-ways,which right-of-ways constitute a valuable property interest owned by the City.
This License does not grant an estate in the land described in Exhibit A; it is not an easement; it
is not a franchise; it is not exclusive. As a license upon real property,it is revocable at the will of
the City. However,prior to termination or revocation by the City,the City shall provide MFS
with a least sixty(60) calendar days written notice of that termination or revocation setting forth
the reasons for termination or revocation and provide an opportunity to MFS for a full and fair
hearing prior to termination or revocation. Upon the effective date of the City's termination or
revocation,the City may require NUS to remove the Fiber Optic Line within ninety(90) calendar
days; if MFS fails to remove the Fiber Optic Line within the allotted time the City may remove
all or part of the Fiber Optic Line and MFS waives any right it may have to any claim for
damages of any kind incurred as a result of the City's removal of all or part of the Fiber Optic
Line.
3. Permits Required. The City's grant of this License does not release MFS from
any of its obligations to obtains applicable local, state, and federal permits necessary to install,
construct, operate,maintain,remove,repair,reconstruct,replace,use and inspect the Fiber Optic
Line. MFS's failure to comply with this Section 3 shall constitute grounds for immediate
revocation of this License by the City,provided that the City has given MFS reasonable
opportunity to cure this non-compliance and MFS continues to fail to comply after such
opportunity is given.
4. Relocation. NOS shall, at its sole cost and expense,protect, support, temporarily
disconnect, relocate or remove, all or a part of its Fiber Optic Line when reasonably required by
the City for reasons of traffic conditions or public safety,widening or improvement of existing
right-of-ways, change or establishment of street grade, of the construction of any public
improvement or structure by any governmental agency acting in a governmental capacity,
provided that MFS shall,upon receiving approval and obtaining the necessary permits from the
City, have the right to bypass in the authorized portion of the same right-of-way, any section of
cable required to be temporarily disconnected or removed.
4.1. For the purposes of this Section 4, any condition or requirement imposed
by the City upon itself or any person or entity acting on the City's behalf(including without
limitation any condition or requirement imposed pursuant to any contract or in conjunction with
approvals for permits for zoning, land use, construction, or development by the City or such
entity acting on the City's behalf)that reasonably necessitates the relocation of MFS's facilities
within the rights-of-ways described in Exhibit A shall be required relocation for purposes of this
previous subsection.
4.2. If the City, under its authority, causes a required relocation of all or part of
the Fiber Optic Line, the City, at least ninety(90) calendar days prior to the commencement of
the project requiring relocation, shall provide written notice to MFS of the required relocation
and shall provide MFS with copies of pertinent portions of the plans and specifications for the
project. After receipt of the City's notice,MFS must complete the required relocation of its
affected facilities at least ten(10)calendar days prior to the commencement of the project
requiring relocation. MFS will complete this required relocation at no charge or expense to the
City. Further,MFS's relocation shall be accomplished in a manner that accommodates and does
not interfere with the project requiring relocation. The City shall exercise its best efforts to assist
with this relocation, including without limitation,priority processing of all necessary permits and
approvals.
G:13thfloor/Agreements/Washington/LimitedStreetLicense-Kent.doc 2
4.3. MFS may, after receipt of the City's written notice requesting relocation,
submit written alternatives to the City. The City will evaluate those alternatives to determine if
any of the alternatives can accommodate the work that would otherwise necessitate the relocation
of the Fiber Optic Line. If requested by the City,MFS will submit additional information to
assist the City in making its determination. The City will give each alternative proposed by MFS
full and fair consideration. In the event the City ultimately determines that no reasonable or
feasible alternative exists,MFS shall relocate its facilities as otherwise provided in this Section
4.
4.4. In the event that a relocation of any of the Fiber Optic Line is required by
any person or entity other than the City, so long as that person or entity is not acting on the
City's behalf in conducting any of the activities described in this Section 4,MFS shall make
those arrangements, including reimbursement for all of MFS's relocation cost,that it deems
appropriate with that person or entity.
4.5 The provisions of this Section 4 shall survive the expiration or termination
of this License,unless NOS is permitted by the City to temporarily or permanently abandon its
Facilities.
5. Undergrounding. MFS shall,wherever possible,underground its Fiber Optic
Line. MFS shall not erect poles,run or suspend wires,cables,or other facilities in any area
where there are no aerial facilities,or in any area in which telephone, electric power wires and
cables have been placed underground. Nevertheless, if at the time of permit application,the City
does not require the undergrounding of all or part of the Fiber Optic Line,the City may, at any
time while this License is in effect,require the conversion of MFS's aerial facilities to
underground installation at MFS's sole cost and expense.
5.1. Whenever the City requires undergrounding of any aerial utilities in the
street right-of-ways,MFS shall underground its aerial facilities in the manner specified by the
City concurrently with the other affected utilities. If MFS has aerial Facilities being placed
underground and other utilities are present and involved in the undergrounding project,MFS
shall pay its fair share of common costs born by all utilities in addition to the costs specifically
attributable to the undergrounding of MFS' own facilities. Common costs shall include
necessary costs not specifically attributable to the undergrounding of any particular facility, such
as costs for common trenching and utility vaults. "Fair share"shall be determined for a project
on the basis of the number and size of MFS's facilities being undergrounded in comparison to
the total number and size of all other utility facilities being undergrounded. If all of MFS's
facilities were underground prior to any undergrounding projects contemplated by this Section 5,
MFS shall not be required to pay any amounts pursuant to this Section 5.
6. Emergency. In the event of any emergency in which any portion of the Fiber
Optic Line breaks,becomes damaged, or in any other way becomes an immediate danger to the
property, life,health, or safety of any individual,MFS shall immediately take the proper
emergency measures to remedy the dangerous condition without first applying for and obtaining
v
G:13thfloor/Agreements/Washington/LimitedStreetLicense-Kent.doc 3
a permit as required by this License. However,this emergency work shall not relieve MFS from
its obligation to obtain all permits necessary for this purpose, and MFS shall apply for those
permits within the next two succeeding business days.
7. Indemnification. MFS shall comply with the following indemnification
requirements.
7.1. MFS shall defend,indemnify and hold the City, its officers, officials,
employees, agents, assigns and volunteers harmless from any and all claims, actions,injuries,
damages, losses or suits, including all legal costs,witness fees and attorney fees, arising out of or
in connection with the performance of any of MFS's rights or obligations granted by this
License,but only to the extent of the negligence or comparative fault of MFS,its employees,
agents, contractors, subcontractors, consultants, subconsultants or assigns.
7.2. the City's inspection or acceptance of any of MFS's work when completed
shall not necessarily be grounds to avoid any of these covenants of indemnification.
7.3. These indemnification obligations shall extend to any claim, action or suit
that may be settled by compromise,provided that MFS or its insurer shall not be liable to
indemnify the City for any settlement agreed upon without the consent of MFS or its insurer
where such consent is required by the insurer;however,if MFS or its insurer consents to the
agreed upon settlement,then MFS or its insurer shall indemnify and hold the City harmless as
provided for in this Section 7 by reason of that settlement. Moreover, if MFS or its insurer
wrongfully refuses to defend the City against claims by third parties, MFS or its insurer shall
indemnify the City regardless of whether the settlement was made with or without MFS's or its
insurer's consent.
7.4. In the event that MFS refuses to tender defense in any claim, action or suit
by a third party pursuant to this Section 7 and if MFS's refusal is subsequently determined by a
court having jurisdiction(or such other tribunal that the parties shall agree to decide the matter)
to have been wrongful refusal,then MFS shall pay all the City's reasonable costs for defense of
the action, including all legal costs,witness fees and attorneys' fees and also including the City's
reasonable costs, including all legal costs,witness fees and attorney's fees, for recovery under
this indemnification clause (Section 7).
7.5. The provisions of this Section 7 shall survive the expiration or termination
of this Agreement.
8. Insurance. MFS shall procure and maintain for the duration of this License,
insurance of the types and in the amounts described below against claims for injuries to persons
or damages to property which may arise from or in connection with the performance of the work
by MFS, its agents,representatives, employees,contractors, subcontractors, consultants,
subconsultants or assigns.
N.01
G:l3thfloor/Agreements/Washington/LimitedStreetLicense-Kent.doc 4
8.1. Before beginning work on the project described in this License,WS shall
provide a Certificate of Insurance evidencing:
8.1.1. Automobile Liability insurance with limits no less than$1,000,000
combined single limit per accident for bodily injury and property damage; and
8.1.2. Commercial General Liability insurance written on an occurrence
basis with limits no less than$2,000,000 combined single limit per occurrence and general
aggregate for personal injury,bodily injury and property damage. Coverage shall include but not
limited to: blanket contractual;products/completed operations/broad from property damage;
explosion, collapse and underground(XCU), and employer's liability.
8.1.3. Excess Liability insurance with limits not less than$2,000,000 per
occurrence and aggregate.
8.2. Any payment of deductible or self-insured retention shall be the sole
responsibility of WS.
8.3. The City, its officers,officials, employees, agents and assigns shall be
named as an additional insured on the insurance policy, as respects work performed by or on
behalf of WS and a copy of the endorsement naming the City as additional insured shall be
attached to the Certificate of Insurance.
8.4. MFS's insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
8.5. MFS's insurance shall be primary insurance as respects the City, and the
City shall be given thirty(30)calendar days prior written notice by certified mail of any
cancellation, suspension or material change in coverage.
9. Modification. This License may not be modified, altered, or amended unless first
approved in writing by the City and N1FS.
10. Assignment. MFS may assign all or any portion of its rights,benefits, and
privileges, in and under this License subject to and conditioned upon approval of the City,which
approval will not be unreasonably withheld or delayed. MFS shall,not later than thirty(30)days
of the date of any proposed assignment, file written notice of intent to assign the License with the
City together with the assignee's written acceptance of all terms and conditions of the License
and promise of compliance. Notwithstanding the foregoing,WS shall have the right,without
such notice or such written acceptance,to mortgage its rights,benefits, and privileges in and
under this License to the Trustee for its bondholders and assign to any subsidiary,parent, affiliate
or company having common control with WS so long as notice of same is provided to the City
and provided NIFS remains fully liable to the City for compliance with all the terms and
conditions hereof until such time as the City shall consent to,such assignment as provided above.
G:13thfloor/Agreements/Washington/LimitedStreetLicense-Kent.doc 5
11. Dispute Resolution; Venue; Jurisdiction. In the event of any alleged breach or
threatened breach of this License by either party and if the city and WS are unable to cure the
breach or otherwise resolve their dispute,then final resolution of this dispute or claim shall occur
solely under the jurisdiction or venue of the King County Superior Court located in Kent,
Washington. Each party shall also be responsible for its own legal costs and attorney fees
incurred in defending or bringing that claim or lawsuit.
12. Notice. All notices,requests, demands, or other communications provided for in
this License shall be in writing and shall be deemed to have been given when sent by registered
or certified mail,return receipt requested, addressed as the case may be,to the addresses listed
below for each party, or to such other person or address as either party shall designate to the
other from time to time in writing forwarded in like manner:
City of Kent Metropolitan Fiber Systems of Seattle,Inc.
Contact: CITY CLERK Attention: Steven J. Harper
220 Fourth Avenue South 6929 N. Lakewood Ave.
Kent, WA 98403 Tulsa, OK 74117
Please Copy to:
MCI WorldCom
One Tower Lane, Suite 1600
Oakbrook Terrace,IL 60181
Attention: Jodi J. Caro
Counsel for Development
G:13thfloor/Agreements/Washington/LimitedSbwtLicense-Kent.doc 6
13. Integration Clause. This License contains the entire agreement between the
parties and,in executing it,the City and MFS do not rely upon any statement,promise, or
representation,whether oral or written,not expressed herein.
IN WITNESS, this Limited Street License is executed and shall become effective as of
the last date signed below.
CITY OF KENT METROPOLITAN FIBER SYSTEMS OF
SEATTLE,INC.
By: By:
Jim White,Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: A awl t Lk (A,� By:
Thomas C. Brubaker Jodi aro
Assistant City Attorney Coun l for Development
Legal Department
APP AS 0 FORM
i . Caro, sq.
G:13thtloor/Agreements/Washington/LimitedStreetLicense-Kent.doc 7
EXHIBIT A
ROUTE DESCRIPTION for THE CITY OF KENT
Metro Fiber Systems of Seattle inc.
Kent Near Net Project
August 19, 1998
North Lateral
The North Lateral will began at a US-West manhole#635 on the west side of West
Valley Hwy, 433 feet south of the centerline of 196th St. The route will go northerly three feet
behind the sidewalk for the first 153 feet and then go to four feet behind the west curb of West
Valley Hwy to the north side of the intersection of 190th ST. The route will then parallel 190 th
St. to the east, thirty eight feet north of the centerline of the 190 th St. The route continues
easterly to a point eighty one feet west of the centerline of the proposed Seventy Second Ave.
Here, it then begins to turn at a fifty three foot radius and comes to a point twenty eight feet east
of the centerline of Seventy Second Ave. The route continues north @ twenty eight feet west
from the centerline of Seventy Second Ave to one foot north of the lot line which is on the south .
side of Lot 2, Tract B, of the Uplands West Valley#4 Addition. Here the route turns to the east
and parallels the railroad easement @ one foot north of the lot line to the P.S.E. Property. The
route crosses the P.S.E. Property and the Union Pacific Railroad Property in a easterly direction
to a point forty five feet east of the centerline of the Union Pacific Railroad. The route then turns
to the north twenty five feet and comes to a end @ a MCI Manhole# 17036.
`.✓ South Lateral
The South Lateral will begin at a point on the north side of MCI Manhole# 17015. The
route will then go twenty five feet north to a point forty five feet east of the centerline of the
Union Pacific Railroad. The route will then turn to the west and cross the Union Pacific Railroad
property and the P.S.E. property to a point eighteen feet east of the westerly P.S.E.property line.
The route then turns to the south fifty one feet to a point twenty one feet north of the section line.
The route then turns to the west and parallels the section line twenty one feet north of the section
line to a point twenty seven feet east of the centerline of Seventy Second Ave. The route then
parallels Seventy Second Ave. twenty seven feet east of the centerline to the south at a point
where it turns a fifty three foot radius and comes to a point thirty seven feet north of the
centerline of the Proposed 196 th ST. Widening Project. The route then continues to the west @
thirty seven feet north of the centerline of the Proposed 196 th ST. Widening Project to a point
ten feet west of the lot line between Lot 1 and Lot 17 of the Highway Home Garden Tracts
where it turns to cross 196 th ST. The route then parallels 196 th ST. Forty five feet south of the
centerline of 196 th ST., twenty feet west to a point on the east side of an existing US-West
Manhole which is the end of the route.
This description is preliminary and subject to change.
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.................._ ... ._..... ..........I......
...
Kent City Council Meeting
Date February 16 , 1999
Category Consent Calendar
1 . SUBJECT: COUNCIL ABSENCES
2 . SUMMARY STATEMENT: Approval of an excused absence from the
February 16, 1999, City Council meeting for Councilmembers
Woods and Clark. They will be unable to attend.
a,.
3 . EXHIBITS• None
4 . RECOMMENDED BY•
(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. 6F
....................... .................... ........................... III
Kent City Council Meeting
�. Date February 16 , 1999
Category Consent Calendar
1 . SUBJECT: MIXED USE DEVELOPMENT - ORDINANCE
2 . SUMMARY STATEMENT: Adoption of Ordinance No. 3Y40 relating
to comprehensive plan and zoning code amendments for mixed use
development requiring residential development in the mixed use
overlay in the general commercial (GC) zone to be combined with
commercial development and further revising some development
standards in the mixed use overlay in the general commercial
(GC) zone to be consistent with development standards in the
mixed use overlay in the community commercial (CC) and office
(0) zoning districts .
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY:
(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. 6G
yI
ORDINANCE NO.
I
i
I
AN ORDINANCE of the Cite Council of the City of
Kent, Washington, relating to comprehensive plan and zoning
code amendments for mixed use development (CPA-98-3 and
ZCA-98-5) requiring residential development in mixed use
overlay in the General Commercial (GC) zone to be combined
with commercial development and revising some
development standards in the mixed use overlay in General
Commercial (GC) zone to be consistent with the development
standards in the mixed use overlay in the Community
Commercial (CC) and Office (0) zoning districts.
WHEREAS, in 1995, the Kent Comprehensive Plan designated certain
areas in the City of Kent for mixed use development, allowing residential and commercial
�-� uses to be combined; and
WHEREAS, the land use plan map and the comprehensive plan designated
specific areas on West Meeker Street, North Central Avenue, and 104`h Avenue Southeast
as mixed use; and
WHEREAS, in order to implement the comprehensive plan policies which
support mixed use development, the Planning Department developed recommendations for
amendments to the zoning code for the general commercial (GC), community commercial
(CC), and office (0) zoning districts; and
WHEREAS, after review by the Land Use & Planning Board and the City
Council Planning Committee,the City Council adopted these amendments in 1997 and the
amendments established a mixed use overlay in portions of the GC, CC and O zones; and
1 Mixed Use
WHEREAS, within the mixed use GC zone. stand-alone multifamily
residential development was permitted: in the CC and O mixed use overlay areas
residential uses were required to be combined %\ith commercial uses: and
WHEREAS, in Jul\ of N98, the \Iallor and City Council requested that th
Land Use& Planning Board consider amendments to the zoning code with regard to mixed
use provisions allowing stand alone multilnrttk residential development in the GC zoning
districts; and
i
WHEREAS. after discussion of the issue in workshops in August an
September, the board considered plannim: and zoning amendments proposed'by the
Planning Department at the October 26. 1998 hearing; and
WHEREAS, the Planning Department staff report recommended changing
the planning and zoning designations and permitted uses in the GC zone to be similar to
the CC and O zones, meaning that any multifamily residential development would be
required to be combined with commercial development, and
WHEREAS, following the October 26, 1998 public hearing, the Land Use
& Planning Board voted to recommend no changes to the current mixed use zoning
regulations in the GC zones; and
WHEREAS, the matter was subsequently referred to the Public Works and
Planning Committee by the full City Council; and
WHEREAS, the Public Works and Planning Committee considered this
item on January 20, 1999, and voted to recommend to the full City Council that the
comprehensive plan and zoning code be amended as outlined in the October 26, 1998 staff
report to the Land Use & Planning Board; and
2 Mixed Use
WHEREAS, the amendments proposed in the October 26. 1998 staff reporl
would require residential development in the GC zone mixed use overlay to be combine
with commercial development. and
WHEREAS, the Kent Cite Council considered the recommendation of the,
Public Works and Planning Committee and moved to approve an amendment to th
comprehensive plan and zoning code «hick would require residential development in th
mixed use overlay in the GC zone to be combined with commercial development, and tl
revise some development standards in the mixed use overlay in the GC zone to b
consistent with the development standards in the mixed use overlay in the community
commercial and office zoning districts: NONV. THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
-' SECTION 1. The City of Kent comprehensive plan adopted by Ordinance
No. 3222, as subsequently amended, is hereby amended to establish a new plan designation
for areas in the valley adjacent to downtown from "Mixed Use" to "Mixed Use - Limited
Multifamily" as depicted in the map attached as Exhibit A and incorporated herein by this
reference (CPA-98-3).
SECTION 2. The mixed use designation on page 4-28 of the Land Use
Element is hereby amended as follows:
The mixed use designation allows retail, office, and multifamily residential
uses together in the same area.
I1 ..It:F—ill e sidea4i l as a e n.mitte use, along with retail and
^ffi^e • es; tha ^tl.e_ The mixed use designation allows multifamily
residential uses only if they are part of a mixed use development.
3 Mixed Use
SECTION3. Land Use Police No. Ll'-6.2 of the Land Use Element of th
Kent Comprehensive Plan is hereby amended as follows:
Allow residential uses in activity enters. neyelop residential uses as part
of commercial area in a mixed use de%elopment
iH a, aWEI o
SECTION 4. Section 1�.04 020 of the Kent City Code is hereby amende
by amending multifamily cl%wllinu. general commercial (GC) from footnote desi_natio
iI (3) to footnote designation (2) as follo\ys:
i
F
4 Mixed Use
Sec. 15.04.020. Residential Land Uses.
Zoning Districts
I Key
?=Principally Permitted Uses
=Special Uses g
C=Conditional Uses s
A a Accessory Uses y o 0
9 ¢ ¢ v U91
N
d ' 2 E v
_ u c
or err ¢ d y E 1 cd E y c 'c o ='
a ¢ a: E CC
u Y o U U
U' E E ryE c p O U U c c '$ _O a m
U 8 aci a' E w
Q Q N t^l
O
O
Q ¢ N v¢i N 1 — U O O G U U C7
One single-family dwelling per lot P P P P P P P P P P P I P I P Alt) A(t) A(1) AI1)
One duplex per lot P
One modular home per lot P P P P P P P P P P P
Dupleses P P P
Multifamily dwellings P P P P PIa) P P P P C
17) C(3) 2 (2) 19
Mukihmily dwellings for senior ekixans PM P P P(3) PM
Mobile homes and manufactured homes P
Mobile home parks P P P P P
(13) (13) (13) (131
Group homes class I•A P P P P P P P P P P P P P P P P C C C C P
Troup homes class 1.8 P P P P P P P P C C C C P
Group homes class I•C C C P P P P P P C C C C P
Group homes class IFA C C C C C C C C C C C C C
Group homes class 148 C C C C C C C C C C C C C
Group homes class IFC C C C C C C C C C C C C C
Group homes class III C C C C C C C C C
Rebu60faccessory uses for existing PM pit) PIG) PIG) PIG) PIG) PM PIG) PIG) P(6) PIG) PIG) PIG) P(6) PIG)
dwallMgs
Transitional housing P(7) PM
Guest cottages and houses A(6) A(6) A($) A(6)
Rooming and boarding of not more than A A A A A A A A A
three persons
Farm worker accommodations A A(9) A A(9)
(17) rn
Accessory uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A
ceeremeriy appurtenant to a permitted (18)
use
Accessory dwelling units A A A A A A A A A A A A A
(10) (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) (10) (10)
Accessory living quarters A A A A A A A A A A A A A A A
1141 1141 (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (16) 114) (14)
Noma oceupatkins A A A A A A A A A A A
1111 1111 (f11 1111 (11) (11) If11 1111 (11) (11) 1111
Service buildings A
Storage buildings and alaage of A A A I A A A A A A A A A
recreational vehicles (16) 1(16)1(16) (16) (16) (16) (16) (16) (16) (16) (16)
*win churches; welfare fadUdn: C C C C C C C C C C C C C C C C C C C C C C C C C C C
.Ibdv*4n churches, retirement homes, (12)
comraleacwK homes ad other welfare
facilities whether privately or publicly
operated, facilities for rehabilitation or
Col. on,arc
5
..........
SECTION 5. Section 15.04.03 0 of the Event Cite Code is hereby amends
as follows: `..
Sec. 15.04.030. Residential Land Use Development Conditions.
1. Dwelling units, limited to not more than one ( 1 ) per establishment. fir security o
maintenance personnel and their families. %\hen located on the premises where they
are employed in such capacit\ . No other residential use shall be permitted.
2. Multifamily residential use shall he remtitted only in the mixed-use overlay whe
included within a mixed use de\clopment.
3. [Reserved.] _ •
4. Multifamily residential uses. %%hen established in buildings with commercial o
office uses, and not located on the ground floor.
5. Multifamily residential uses, ,hen not combined with commercial or office
uses.
6. Existing dwellings may be rebuilt. repaired and otherwise changed for human
occupancy. Accessory uses for existing dwellings may be constructed. Such uses
are garages, carports, storage sheds and fences.
7. Transitional housing facilities, limited to a maximum of twenty (20) residents at any
one (1) time and four(4) resident staff.
8. Guesthouses not rented or otherwise conducted as a business.
9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm
owners, operators or employees, but not accommodations for transient labor.
10. Accessory dwelling units shall not be included in calculating the maximum density.
Accessory dwelling units are allowed subject to the provisions of Section
15.08.350.
11. Customary incidental home occupations subject to the provisions of section
15.08.040.
12. Except for transitional housing with a maximum of twenty (20) residents and four
(4) staff.
13. Subject to the combining district requirements of the Mobile Home Park Code,
KCC 12.05.
6 Mixed Use
14. Accessory living quarters are allo��ed per the provisions of Section 15.08.359.
15. Multi-family residential use shall he permitted as a conditional use only whe
included in a mixed use development.
16. Recreational vehicle storage is permitted as an accessory use in accordance and
Section 15.08.080.
17. Accommodations for farm operators and employees. but not accommodations to
transient labor.
18. Other accessory uses and buildings customarily appurtenant to a permitted use.
except for onsite hazardous «aste treatment and storage facilities. ,%hich are no
permitted in residential zones.
SECTION 6. Section 15.04.200 of the Kent City Code is hereby amended
as follows:
"' 7 Mired Use
Section 15.04.200 Mixed Use overlay development standards.
OVERLAY DISTRICTS
GC-MU O-MU CC-MU
Floor area ratio .40 for commercial uses. 40 for commercial uses 40 fur commercial uses
.50 for commercial uses combined 50 for commercial uses combined 50 for commercial uses combined
with residential uses:provided that, ksuh residential uses,provided that, with residential uses.provided that,
commercial Floor area may be commercial floor area may be commercial Moor area may be
increased by one square foot for each ncreased by one square foot for each increased by one square toot for each
square toot of residential floor area ,quart tent of residential floor area square foot of residential floor area
provided up to a maximum provided up to a maximum provided up to a maximum
commercial FAR of.5. „rnmercial F,\R of 5 commercial FAR of 5
1.0 for residential uses,provided that. 1 u for rcvdcntial uses.provided that. LO for residential uses.provided that.
residential FAR may be increased by residential 17 kR may be increased by residential FAR may be increased b%
.5 if parking is provided belokv grade. 5 if parking is provided below grade. S if parking is provided below grade.
up to a maximum of 1.5 up to a maximum of 1 5 up to a maximum of 1 5
Site coverage Forty(40)percent for commercial Fum (40)percent for commercial Forty(401 percent for commercial
uses. uses uses.
8e+ent5--4iv'e-(7Z)Sixry 60 percent tiix(% I60)percent for commercial uses Sixty(60)percent for commercial uses
for commercial uses with residential with residential uses,provided that with residential uses,provided that
uses,provided that twenty-five(2 5) menn-five 125)percent of gross twenty-live(25)percent of the gross
percent of the gross floor area is floor area is residential use floor area is residential use.
residential use.
Height Twenty-five(25)feet,provided that Twenty-five(25)fief,provided that Twenty-five(25)feet,provided that
basic heights may be increased up to basic heights may be increased up to basic heights may be increased up to
the maximum height of of y,(5 0)forty the maximum height of forty(40)feet the maximum height of fort) (40)fret
Meet (1) (1)
(1)
Front yard Zero(0)feet;provided that some Zero(0)text;provided that some Zero(0)feet:provided that some
setback may be required in the front setback may be required in the front setback may be required in the front
yard to accommodate a sidewalk yard to accommodate a sidewalk yard to accommodate a sidewalk
which shall be at least ten(10)feet in which shall be at least ten(10)feet in which shall be at least ten(10)feet in
width. width. width. ..r
Rear and side Zero(0)feet;provided that setbacks of Zero(0)teet;provided that setbacks of Zero(0)feet;provided that setbacks of
at least twenty(20)feet will be at least twenty(20)feet will be at least twenty(20)feet will be
yard required in any rear or side yards that required in any rear or side yards that required in any rear or side yards that
are adjacent to a residential zoning are adjacent to a residential zoning are adjacent to a residential zoning
district. district. district.
Off-street parking Retail/office uses: Retail/office uses: Four(4)spaces per Retail/office uses: Four(4)spaces per
4-9.)Four 4 spaces per thousand thousand(1,000)square feet of floor thousand(1,000)square feet of floor
(1,000)square feet of floor area. (2) area. (2) area. (2)
Residential uses (3) Residential uses (3) Residential uses (3)
e)
SECTION 7. - Sereruhilin. If any one or more sections, subsections, o
sentences of this Ordinance are held to be unconstitutional or invalid, such decision -shall
not affect the validity of the remainirn_ portion of this Ordinance and the same shall remain
in full force and effect.
SECTION 8. - Elfin Lire Aut This Ordinance shall take effect and be i
force five (5) days from and after the date of'passage and publication as provided by law.
II
Jl%l WHITE. MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED: day of 1999.
APPROVED: day of 1999.
PUBLISHED: day of 1999.
I hereby certify that this is a true copy of Ordinance No. passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P'TmINOrdlmnccurmed use.dm
9 Mixed Use
Citv of Kent - Planning Department
_ !4L
_ -IT -
I
• � x as' -` 4:� �r---�—=a'� �.'L tiro
d
I f
APPLICATION NAME: Mixed Use
NUMBER: #CPA-98-3
REQUEST: Comprehensive Plan Amendment A
Application boundary
REQUEST: MIXED USE TO MIXED USE, LIMITED MULTIFAMILY
,. .. ............
3
Kent City Council Meeting
Date February 16, 1999
Category Consent Calendar
1 . SUBJECT: COMPREHENSIVE PLAN AND ZONING AMENDMENTS -
ORDINANCES
2 . SUMMARY STATEMENT: Adoption of Ordinance No. 3VW1_ relating
to 1998 Comprehensive Plan Amendments CPA-98-2 (D) , CPA-98-2 (E) ,
CPA-98-2 (G) , and adoption of Ordinance No. 3 V relating to
Zoning Map changes CPZ-98-4 , CPZ-98-5, and CPZ-98-7 . These
ordinances would amend the comprehensive plan' s land use map
designations and zoning map designations of parcels of property
more specifically identified in the ordinances, as well as
amend the Capital Facilities Element of the Comprehensive Plan
CPA-98-2 (K) Items CPA-98-2 (B) , CPA-98-2 (I) , CPA-98-2 (J) and
CPA-98-2 (L) were tabled at the Council February 2 , 1999
meeting.
3 . EXHIBITS: Ordinances
4 . RECOMMENDED BY: City Council
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REOUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6H
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington. amending the City of Kent
Comprehensive Plan to change the plan's land use map
designation on three (3) sites: (1) from single family
residential, six units per acre (SF-6) to commercial (C) for
the property located at 1171; and 11733 Kent-Kanglev
Road (CPA-98-2(D)): (2) from industrial (I) to low density
multifamily residential (LDMF) for the property located at
88th Avenue South and South 218" Street (CPA-98-2(E)):
and (3) from mobile home park (MHP) to commercial (C)
for the property located at 15386 SE 272"' Street (CPA-98-
2(G)); and further to amend the capital facilities element
(CPA-98-2(K) of the comprehensive plan.
WHEREAS, the Washington State Growth Management Act (`GMA")
requires internal consistency among comprehensive plan elements in the zoning map; and
WHEREAS, to assure that comprehensive plans remain relevant and up-
to-date,the GMA requires each jurisdiction to establish procedures whereby amendments
to the plan are considered by the City Council (RCW 36.70A.130(2)), and limits
amendments to once each year unless an emergency exists; and
WHEREAS, the City of Kent has established a procedure for amending
the comprehensive plan set forth in Chapter 12.02 of the Kent City Code which sets a
deadline of September 1 of each year for acceptance of comprehensive plan amendments;
and
1 1998 Comp Plan Amendments
WHEREAS, b\ September 1. 1` 97. the Cite received applications to
amend the comprehensive plan's land u;e plan map designation and five (5) of those
applications involved properties located at 11 ) 1 1-1 5 and 117,3 Kent-KangleN Road: (2)
88 Avenue South and South 218" Street. 13) 1 `18h SE 272 Street: (a) approximately
700 feet west of Pacific High\%aN South. and (5) 108" Avenue Southeast and Kent-
Kangley Road: and
WHEREAS. the Cit\ of Kent I :nxice Department has submitted proposed
amendments to the capital facilities element of the Comprehensive Plan to update capital
facilities inventories, financial information. and project summaries. and
WHEREAS, the staff resented the requested comprehensive Ian
� P 9 P P
amendments for consideration by the Cite of Kent's Land Use & Planning Board on
November 23, November 30, and December 14. 1998: and
WHEREAS, the proposed amendments are consistent with the standards
of review for comprehensive plan amendments outlined in Section 12.02.050 of the Kent
City Code; and
WHEREAS, the City of Kent Land Use & Planning Board took public
testimony, reviewed the proposed comprehensive plan amendments, and moved to
recommend the approval of the amendments of the comprehensive plan designations and
capital facilities element amendments to the full City Council which considered the
recommendation on February 2, 1999; and
WHEREAS, on February 2, 1999, the City Council approved the Land
Use & Planning Board's recommendation on comprehensive plan amendment:
2 1998 Comp Plan Amendments
I. CPA-98-2(D) to amend the comprehensive plan designation of property located
at 11715 and 11733 Kent-Kangley Road from a plan designation of single family
residential, six units per acre (SF-6) to a plan designation of Commercial (C):
2. CPA-98-2(E) to amend the comprehensive plan designation of property located
at 88"' Avenue South and South 218" Street from a plan designation of Industrial
(1) to low density. multifamily residential (LDNIF);
3. CPA-98-2(G) to amend the comprehensive plan designation of propem located
at 15386 SE 272nd Street from a plan designation of mobile home park (MHP) to
a plan designation of Commercial (C): and
WHEREAS, the Kent City Council approved the City of Kent Finance
Department's proposed amendment to the capital facilities element of the comprehensive
plan for capital facilities element amendment CPA-98-2(K); and
WHEREAS, the Kent City Council voted to deny or to table other
proposed plan amendments; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON.
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City of Kent comprehensive plan adopted by
Ordinance No. 3222, as subsequently amended, is hereby amended to establish new plan
designations for property located at 11715 and 11733 Kent-Kangley Road, Kent,
Washington, from a plan designation of single family, 6 units per acre (SF-6) to a new
plan designation of Commercial (C) as depicted in the map attached as Exhibit A and
incorporated herein by this reference (CPA-98-2(D)).
SECTION 2. The City of Kent comprehensive plan adopted by
Ordinance No. 3222, as subsequently amended, is hereby amended to establish new plan
3 1998 Comp Plan Amendments
designations for the property located at SS" Avenue South and 218"' Street. Dent.
Washington from a plan designation of Industrial (I) to low densit\, multitamik
residential (LDNIF) as depicted in the map attached hereto as Exhibit 13 and incorporated
herein by this reference (CPA-98-2(I-(1.
SECTION 3. The Cite of Bent comprehensive plan adopted by
Ordinance No. 3222. as subsequently amended. is hereby amended to establish new plan
designations for the property located at 15;St, SF 272"d Street from a plan designation of
mobile home park (MHP) to a new plan designation of Commercial (C) as depicted in the I
map attached as Exhibit C and incorporated herein h% this reference (CPA-98-2(G)).
SECTION 4. The capital facilities element of the Cite of Kent
Comprehensive Plan is hereby amended as set forth in Exhibit D, attached hereto and
incorporated herein by this reference (CPA-98-2(K).
..r
SECTIONS. - Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall
remain in full force and effect.
SECTION 6. - Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after the date of passage and publication as provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
4 1998 Comp Plan Amendments
APPROVED AS TO FORM:
ROGER A. LUBOVICH. CITY ATTORNFI'
PASSED: day of . 1999.
APPROVED: day of . 1999.
PUBLISHED: day of . 1999.
I hereby certify that this is a tnic coPe 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\Civd\Ordim "a ,p plm ammd doc
5 1998 Comp Plan Amendments
City of Kent - Planning Department
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APPLICATION NAME: Costanzo
NUMBER: #CPA-98-2 (D) DATE: January 19, 1999
tEQUEST: Comprehensive Plan Amendment A .�
MMMMM Application boundary
Recommendation: Single Family 6 to Commercial Land use boundary
City limits
EXHIBIT�.
City of Kent - Planning Department
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.APPLICATION NAME: Mower/Tonelli
N-UNMER: #CPA-98-2 (E) DATE: January 19, 1999
,VEST: Comprehensive Plan Amendment N
Application boundary
)mmendation: Industrial to Low Density Multifamily Land use boundary
7,,1i! ,.R�.rr* City limits
L.. %� IIBIT
City of Kent - Planning Depac[Anent
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APPLICATION NAME: Gusa
NUMBER: #CPA-98-2 (G) DATE: January 19, 1999
REQUEST: Comprehensive Plan Amendment A
GMEMMM Application boundary
Recommendation: Mobile Home Park to Commercial ---Land use boundary
FXNIBIT `r n��**'►City limits
A,� �Y L n d
Table 3.1
1999 - 2004 Capital Facilities Plan
Project Cost Statistics
(in 000's)
1999 2000 2001 2002 2003 2004 TOTAL
NON UTILITY PROJECTS
TRANSPORTATION
Corridors 21,319 14,139 0 2,636 1,004 1,304 40,952
Arterials 4,120 1,003 742 7,905 1,133 133 15,036
Intersection Improvements 650 0 1,750 0 250 0 2,650
Other Improvements 5,525 1,471 1,534 1,374 1,385 1,311 12,600
SUBTOTAL TRANSPORTATION 32,114 16,663 4,026 11,915 3,772 2,748 71,233
PUBLIC SAFETY
Police 587 91 101 35 0 0 314
Fire and Emergency Services 2,680 626 3,068 521 526 533 12,954
SUBTOTAL PUBLIC SAFETY 3,267 717 3,169 556 526 533 13,763
PARKS AND RECREATION
Land Acquisition 2,350 2,050 225 100 312 100 5,137
Capacity Projects 1,227 15,503 1,978 1,263 2,587 1,592 24,150
Non-Capacity Projects 1,078 560 600 596 643 598 4,075
SUBTOTAL PARKS AND RECREATION 4,655 18,113 2,803 1,959 3,542 2,290 33,362
GENERAL GOVERNMENT
Facilities 3,337 541 41,354 458 501 477 47,163
Other 1,474 590 164 165 164 164 2,71_1
SUBTOTAL GENERAL GOVERNMENT 5,311 1,131 41,518 623 665 641 49,339
TOTAL NON UTILITY PROJECTS 45,347 36,624 56,516 15,053 8,505 6,212 163,257
UTILITY PROJECTS
Sanitary Sewer 1,703 1,531 291 303 315 327 4,470
Stormwater Management 5,573 6,734 1,952 1,243 684 711 16,397
Water Supply&Distribution 4,227 9,386 297 3,049 3,561 1,273) 21,793
TOTAL UTILITY PROJECTS 11,503 17,651 2,540 4,595 4,560 2,311 43,160
TOTAL CAPITAL PROJECTS 56,850 54,275 59,056 19,648 13,065 8,523 211,417
nDd �
Table 8.2 I�
1999 - 2004 Capital Facilities Plan
Revenues by Source
(in 000's)
2nd QTR REET CIP Revenues
Other Revenues S6,410 3.0% S14,027 6.6% Street Revenues
$35,240 16.7% S21,317 10.1%
LIDS Grants
57,647 3.6% S21,673 10.3%
Utility Fees
522,954 10.9%
Councilmanic Bonds
Revenue Bonds 532,509 15.4%
S9,406 4.4%
Voted Bonds
540,229 19.0%
TOTAL REVENUES: $211,417
W
EXHIBIT
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the Kent Zoning Map to
change the zoning designation of three (3) properties: (1)
from single family residential, six units per acre (SF-6) to
neighborhood convenience commercial (NCC) for property
located at 11715 and 11733 Kent-Kangley Road (CPZ-98-
4); (2) from commercial manufacturing (CM I) to garden
density multifamily (MRG) for property located at 88"
Avenue South and South 218" Street (CPZ-98-5); and (3)
from mobile home park (',v1HP) to general commercial (GC)
for the property located at 15386 Southeast 272"d Street
(CPZ-98-7).
WHEREAS, pursuant to the Washington Growth Management Act
\.s
("GMA"), the City of Kent accepts applications for comprehensive plan amendments
once each year; and
WHEREAS, the City of Kent received applications to amend the
Comprehensive Plan's land use plan map designations and three(3)of those applications
involve properties requesting amendments as follows: (1) 11715 and 11733 Kent-Kangley
Road; (2) 88°i Avenue South and South 218`h Street; and(3) 15386 Southeast 272nd Street,
and to correspondingly amend the zoning map designation of said parcels, which
applications were received in Kent, Washington by the deadline of September 1, 1998;
and
WHEREAS, the Kent Land Use & Planning Board held public hearings
on the proposed comprehensive plan and zoning map amendments on November 23,
November 30, and December 14, 1998; and
I 1998 Zoning Amendments
WHEREAS, the Kent Land Use & Planning Board reviewed the proposed
amendments, took public testimony. and moved to recommend approval of the
comprehensive plan amendments CPA-98-2(1)). CPA-98-2(E). CPA-98-2(G). and CPA-
98-2(K) and the corresponding zoning map amendments CPZ-98-4. CPZ-98 and CPZ-
98-7 (there is no corresponding zoning map amendment for CPA-98-2(K)) to the full City
Council; and
WHEREAS, on February 2. 1999, the Kent City Council approved the
comprehensive plan and zoning amendments as follows:
i
1. From single family residential. siz units per acre (SF-6) to commercial (C) for the
property located at 11715 and 11733 Kent- Kangley Road and the corresponding
zoning map amendment to neighborhood convenience commercial (NCC) (CPZ-
98-4);
2. From industrial (I)to low-density multifamily residential (LDMF) for the property
located at 88' Avenue South and South218th Street and the corresponding zoning
map amendment to garden density multifamily (MRG) (CPZ-98-5);
3. From mobile home park (MHP) to commercial (C) for the property located at
15386 Southeast 272nd Street and the corresponding zoning map amendment to
general commercial (GC) (CPZ-98-7; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City of Kent zoning map is hereby amended to
establish a new zoning map designation for the properties located at 11715 and 11733
Kent-Kangley Road, Kent, Washington from a zoning designation of single-family
residential, six units per acre(SF-6)to neighborhood convenience commercial (NCC) and
as depicted in the attached Exhibit A and incorporated herein by this reference (CPZ-98-
4).
2 1998 Zoning Amendments
SECTION 2. The City of Kent zoning map is hereby amended to
�► establish a new zoning map designation for the property located at 88" Avenue South and
South 218" Street from commercial manutacturin, (CM1) to garden densitN multifamily
residential (MRG) and as depicted in the attached Exhibit B and incorporated herein b\
this reference (CPZ-98-5).
SECTION 3. The Cit. of Kent zoning map is hereby amended to
establish a new zoning map designation for the property located at 15386 Southeast 272",
Street from Mobile Home Park (NIHP) to community commercial (CC) and as depicted
in the attached Exhibit C and incorporated herein b\ this reference (CPZ-98-7).
SECTION4. - .Severabiliti, 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 S. - Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after the date of passage and publication as provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
3 1998 Zoning Amendments
PASSED: day of 1999.
APPROVED: day of 1999
PUBLISHED: day of . 1999.
I herebv certil� that thi, u a true :opt of Ordinance No. passed
by the City Council of the City of Kent. Washur_ton. and approved by the Mayor of the
City of Kent as hereon indicated.
I
(SE-\L)
BRIADA JACOBER, CITY CLERK
P`. i4h0rdmanc"omng map amend doe
4 1998 Zoning Amendments
City of Kent - Planning Department
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APPLICATION NAME: Costanzo
NUMBER: #CPZ-98-4 DATE: January 19, 1999
1,JUEST: Comprehensive Plan Zoning _ N
Application boundary
.acommendation: SR-6 to Neighborhood Convenience Zoning boundary
Commercial .. City limits
E;�NIBITA� .
City of Rent - Pl:uuun , Dep.uvnent
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1PLICATION NAME: Mower/Tonelli
tTINMER #CPZ-98-5 .(E� DATE: January 19, 1999
'FOUEST: Comprehensive Plan Zoning
_ Application bounce
-Immendation: Commercial Manufacturing 1 to MRG ^' zoning boundary
„y....T*,. City limits
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APPLICATION NAME: Gusa
NUMBER: #CPZ-98-7 DATE: January 19, 1999
REQUEST: Comprehensive Plan Zoning
Appliboundary
recommendation: MHP to Community Commercial Zoning boundary
Ciry limits
L.(rHIBIT_..
?I
Kent City Council Meeting
Date February 16 , 1999
Category Consent Calendar
1 . SUBJECT: WASHINGTON AVENUE SELF STORAGE - BILL OF SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, acceptance of the Bill of Sale for Washington Avenue
Self Storage submitted by Plemmons Hutchens LLC for continuous
operation and maintenance of 372 feet of watermain improvements
and release of bonds after expiration period. The project is
located at 415 Washington Avenue North.
3 . EXHIBITS : Vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6I
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Kent City Council Meeting
Date February 16 , 1999
Category Consent Calendar
1 . SUBJECT: SOUTH RIDGE PRELIMINARY PLAT SU-98-4 -
SET MEETING DATE
2 . SUMMARY STATEMENT: Set March 2 , 1999, as the date for a
public meeting to consider the Hearing Examiner' s recom-
mendation of approval with conditions of the South Ridge
Preliminary Plat application.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6J
»_........... ...........� .
Kent City Council Meeting
Date February 16 , 1999
Category Consent Calendar
1 . SUBJECT: MERIDIAN RIDGE PRELIMINARY PLAT SU-98-8 -
SET MEETING DATE
2 . SUMMARY STATEMENT: Set March 2 , 1999, as the date for a
public meeting to consider the nearing Examiner' s recom-
mendation of approval with ccr.d_tions of the Meridian Ridge
Preliminary Plat application.
3 . EXHIBITS• None
4 . RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6K
W y........... . .............
Kent City Council Meeting
Date February 16 , 1999
Category Other Business
1 . SUBJECT: EMERALD RIDGE PRELIMINARY PLAT SU-98-16
2 . SUMMARY STATEMENT: This date has been set to consider the
Hearing Examiner ' s recommendation of approval with conditions
dated January 6 , 1999 , for the Preliminary Plat .
-EmFjwD 41j>GE'
3 . EXHIBITS: Hearing Examiner Recommendation with map
4 . RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moved, Councilmemberb&R`&h-&j, 1 seconded
to approveXm-dif- lefty the Hearing Examiner ' s recommendation of
approval with conditions of the Emerald Ridge Preliminary Plat
application.
DISCUSSION: -110
ACTION:
Council Agenda
Item No. 7A
CITY OF ZT"!2 11
Jim White, Mayor
�/5;ra men310-2144
James P. Harris, Planning Director
OFFICE OF THE LAND USE HEARING EXAMINER
(253) 859-3390 Theodore P Hunter
Hearing Examiner
FINDINGS, CONCLUSIONS AND RECOMMENDATION
FILE NO: EMERALD RIDGE »SU-98-16
APPLICANT: Jim Jaeger
RE UEST: A request to subdiV ide approximately 3.89 acres into 20 single-family
residential lots.
LOCATION: The property is located on Kent's East Hill on the north side of SE
248`h Street at 102nd Avenue SE.
APPLICATION FILED: September 21, 1998
DETERMINATION OF
�'- NONSIGNIFICANCE ISSUED: October 20, 1998
MEETING DATE: December 16, 1998
RECOMMENDATION ISSUED: January 6, 1999
RECOMMENDATION: APPROVAL with conditions
STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department
Sarah Bradley, Planning Department
PUBLIC TESTIMONY: James Jaeger, applicant
EXHIBITS: 1. Hearing Examiner file containing application,
staff report, Determination of Nonsignificance
and public notice.
INTRODUCTION
After due consideration of all the evidence presented at public hearing on the date indicated above,
and following an unaccompanied personal inspection of the subject property and surrounding area
by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions
and recommendation are entered by the Hearing Examiner on this application.
220 Lh AVENUE SOUTH / KENT.WASHINGTON 98032-5895/TELEPHONE (253)859-3300
Hearing Examiner Findings and Recommendation
Emerald Ridge
#SU-98-16
SUMMARY OF PROCEEDINGS
The Applicant requested approval of a preliminary plat to subdivide two parcels totaling 3.89 acres
into 20 single family residential lots on September 21, 1998. The Kent Planning Department
reviewed the application and recommended approval with conditions. A public hearing was held on
December 16, 1998 to allow all interested persons an opportunity to respond to the application and
recommendation of approval. A representative from the Planning Department and the Applicant
appeared at the hearing.
FINDINGS
1. The Applicant requested approval of a Preliminary Plat to subdivide two parcels totaling 3.89
acres into 20 single family residential lots. The site is located on the north side of SE 248"
Street at 102nd Ave. SE. Exhibit 1, Application and Preliminary Plat Map.
2. The subject property is zoned Single Family Residential, maximum density six units per acre
(SR-6), which is consistent with the Comprehensive Plan designation for the site. The
minimum lot size in the SR-6 zone is 5,700 square feet, and the minimum lot width is 50
feet. K.C.C. 15.04.020(H); Exhibit 1, Staff Report.
The density of the proposed development would be less than six units per acre. The lots
would range in size from 5,703.9 square feet to 10,570.8 square feet, and lot widths would
exceed 50 feet. Exhibit 1, Preliminary Plat Map.
Adjacent land to the east of the site is zoned Professional and Office/Mixed Use overlay
(O-MU). Adjacent properties to the west and north are zoned SR-6, and have been approved
for residential development. Other property in the vicinity of the site is developed with low
to medium density single family residential. Exhibit 1, Staff Report and Preliminary Plat
Map.
3. The site is currently developed with a mobile home, a house, and two garages. The mobile
home and garages would be removed, and the house would remain on what would be lot 20
of the proposed subdivision. Exhibit 1, Preliminary Plat Map.
4. The site would be accessed by a cul-de-sac to be constructed off of S.E. 248' Street.
Exhibit 1, Preliminary Plat Map. S.E. 248' Street is classified as a Residential Collector on
the City's Master Plan of Roadways. It is not currently improved to its design width. The
applicant proposes widening and other improvements in conjunction with development of
the proposed plat. The streets in the vicinity of the site have been identified by the City as
having substandard pedestrian facilities and would require off-site sidewalks to permit
children to safely walk to and from school. Exhibit 1, Staff Report.
5. The development would receive water and sewer service from the City of Kent, and power
and gas from Puget Sound Energy. Exhibit 1, Staff Report and Preliminary Plat Map.
2
Hearing Examiner Findings and Recommendation
Emerald Ridge
#SU-98-16
6. The City Planning Department requested comments on the proposed development from other
City departments. The police department commented that the development would require
increased demand for police services. The fire department requested that there be minimum
fire flow standards for the development. The Parks Department found that the development
would impact existing parks and recreation facilities. K.C.C. 12.04.490 requires a dedication
of five percent of the property as open space or payment of a fee in lieu of dedication for
park maintenance. The Applicant did not include open space on the preliminary plat map,
and therefore would be required to pay a fee in lieu of dedication. Exhibit 1, Departmental
Comments and Preliminary Plat .clap.
7. Pursuant to the State Environmental Policv Act (SEPA), the City of Kent issued a Mitigated
Determination of Nonsignificance (%IDNS) on October 20, 1998. The MDNS was not
appealed. Exhibit ], ,WDNS.
8. Notice of the open record hearing was posted, published, and mailed to property owners
within 300 feet of the proposed development in accordance with applicable City of Kent
regulations. Exhibit 1, Affidavit oj'.Votice.
9. The Kent Planning Department recommended approval of the preliminary plat with
conditions. The Applicant agreed with the Planning Department's recommendation.
Testimony of Mr. Jaeger and Ms. Bradley. There was no public testimony opposing the
subdivision.
CONCLUSIONS
Jurisdiction
The Hearings Examiner has jurisdiction to hold a public hearing on this application; to consider all
evidence presented at the public hearing; and, based on that evidence, to approve, disapprove or
approve with conditions the preliminary plat application. KCC 12.04.360, KCC 2.32.090.
Criteria for Review
1. The decision of the Hearings Examiner must be supported by the evidence presented, as
stated in the Findings of Fact, and must be consistent with the standards and criteria for
review specified in state statutes and city ordinances. The standards and criteria for review
of preliminary plat applications are found in Chapter 12.04 of the Kent City Code(KCC) and
Chapter 58.17 of the Revised Code of Washington (RCW). These review criteria include:
(a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations
is to:
Provide rules, regulations, requirements, and standards for subdividing land
in the City of Kent, ensuring that the highest feasible quality in subdivision
3
Hearing Examiner Findings and Recommendation
Emerald Ridge
#SU-98-16
will be attained; that the public health, safety, general welfare, and aesthetics
of the City of Kent shall be promoted and protected, that orderly growth,
development, and the conservation, protection and proper use of land shall
be ensured; that proper provisions for all public facilities (including
circulation, utilities, and services) shall be made; that maximum advantage
of site characteristics shall be taken into consideration; and that conformance
with provisions set forth in the City of Kent Zoning Code and Kent
Comprehensive Plans shall be ensured.
(b) KCC 12.04.330 which specifies eight requirements that must be shown on the
preliminary plat map including appropriate name and dates, proposed platted
property lines, contours and elevations, proposed public service areas, square footage
calculations for developed and open space, dimensions of each lot, statements of soil
type and drainage conditions, a description of existing land cover, and a description
of wildlife present.
(c) KCC 12.04.370 which requires a written statement from the Seattle-King County
Health Department as to the general adequacy of the proposed means of sewage
disposal and water supply.
(d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable
environmental amenities so that urban development may be as compatible as
possible with the ecological balance of the area including preservation of drainage
patterns, protection of ground water supply, prevention of erosion and preservation
of trees and natural vegetation;.
(e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers,
a proper drainage plan and a proper water distribution system.
(f) KCC 12.04.450 which requires due consideration to the allocation of public service
usage areas and due regard for all natural features including large trees, water
courses, historical spots and other community assets that would add attractiveness
and value to the property.
(g) KCC 12.04.490 which provides for mitigation of any adverse effects of development
upon the existing park and recreational facilities in the City of Kent.
(h) RCW 58.17.110 which requires an inquiry into the public use and interest proposed
to be served by the subdivision and a determination "that appropriate provisions are
made for public health, safety and general welfare and for such open spaces,
drainage ways, streets or roads, alleys, or other public ways, transit stops, potable
water supplies, sanitary wastes, parks and recreation, playgrounds, schools and
school grounds and all other relevant facts, including sidewalks and other planning
4
Hearing Examiner Findings and Recommendation
Emerald Ridge
#SU-98-16
features that assure safe walking conditions for students who only walk to and from
school.
Conclusions Based on Findings
With conditions of approval, the proposal satisfies the criteria for preliminary plat approval as
established by the City Council of Kent. The density and lot sizes of the subdivision are consistent
with the zoning code and comprehensive plan. The development is consistent with surrounding land
use. Adequate utilities exist to serve the development. Environmental impacts would be mitigated
by the conditions contained in the MDNS. Additional conditions of approval are necessary to
adequately address drainage and grading concerns, street improvement requirements, pedestrian
walkway requirements for safe passage to and from schools, street lighting requirements, protection
of existing trees, dedication of right-of-way requirements, and payment of fees in lieu of dedication
of open space. Findings of Fact Nos. 1-7.
DECISION
Based upon the preceding Findings of Fact and Conclusions, the Hearings Examiner ,APPROVES
the preliminary plat to subdivide 3.89 acres into 20 single family residential lots, subject to the
following conditions:
A. GENERAL CONDITIONS OF APPROVAL
1. The owner/subdivider shall implement all mitigation measures required in the
mitigated Determination of Nonsignificance for the proposed Emerald Ridge
preliminary subdivision, File #ENV-97-13.
B. PRIOR TO RECORDING THE SUBDIVISION:
1. The Owner/Subdivider shall receive approval for engineering drawings from the
Department of Public Works, and either construct or bond for the following:
a. A gravity sanitary sewer system to serve all lots. The sewer system shall be
extended from the existing City sanitary sewer system and shall be sized to
serve all off-site properties within the same service area. In addition, the
sanitary sewer system shall be extended across the entire subdivision as
needed to serve adjacent properties.
The septic system, if any, serving existing homes within the proposed
subdivision shall be abandoned in accordance with King County Health
Department Regulations.
5
Hearing Examiner Findings and Recommendation
Emerald Ridge
#SU-98-16
b. A water system meeting domestic and fire flow requirements for all lots.
The existing well, if any, shall be abandoned in accordance with the
requirements of the Department of Ecology.
C. Detailed Drainage Plan and Treatment Plans meeting the requirements of the
City of Kent Construction Standards and as required by the Revised DNS for
#ENV-97-13.
d. A Detailed Grading Plan for the entire subdivision which includes provisions
for utilities, roadways, retention detention ponds, stormwater treatment
facilities, and a building footpad for each lot. These plans shall be designed
to eliminate the need for processing several individual Grading Permits upon
application for Building Permits; phasing of grading on a lot-by-lot basis will
not be considered.
e. A Temporary Erosion/Sedimentation Control Plan for the entire subdivision
which reflects the Detailed Grading Plan discussed above, and the Planning
Department approved Tree Plan.
f. Street Improvement Plans for Southeast 248" Street, designed in
conformance with the requirements for a Residential Collector Arterial Street
augmented with Bike Lanes as described in the City of Kent Construction
Standards and by the requirements of the Revised DNS for ENV 97-13.
The total minimum width of asphalt pavement specified by the above-
referenced DNS shall be designed and constructed to provide a minimum 20
year service life. The Owner/Subdivider shall provide the Department of
Public Works with a Pavement Analysis Report to determine the adequacy
of the existing asphalt pavement, and the minimum depth for an asphalt
overlay required to provide a 20-year service life for the existing pavement.
The Pavement Analysis Report shall be consistent with Part II and Part III of
the AASHTO GUIDE FOR DESIGN OF PAVEMENT SECTIONS,
published by the American Association of State Highway and Transportation
Officials, 1986 edition, or latest revision, and the Pavement Analysis Report
shall provide all of the necessary information required by this pavement
design guide.
g. Pedestrian Walkway Improvement Plans for a 6-foot wide separated asphalt
walkway on the north side of Southeast 248', from the east end of the new
10-foot sidewalk easterly to the intersection of 104°i Avenue Southeast; and
from the west end of the sidewalk constructed along Southeast 248' Street
to the east boundary of the Lang Subdivision; completing any sections not
6
Hearing Examiner Findings and Recommendation
Emerald Ridge
#SU-98-16
improved by that Developer. The plans for this walkway improvement shall
be consistent with the requirements in the Revised DNS for ENV 97-13.
h. Pedestrian Walkway Improvement Plans that continue the walkway plans
approved for the Lang Subdivision to the sidewalks constructed for this
subdivision along the same alignment.
i. Street Improvement Plans for the subdivision street terminating with a cul-
de-sac at its north terminus. The Street Improvement Plans for this
subdivision street shall be designed in conformance to the requirements for
a Residential Street as described in the City of Kent Construction Standards,
including but not limited to: cement combined curbs & gutters and 5-foot
wide cement sidewalks on both sides of the street; at least 32-feet of asphalt
pavement; a City-approved street lighting system; public stormwater
drainage, detention, and treatment facilities; curb returns with radii of 35-feet
at the intersection of the subdivision street and Southeast 248th Street; and
a 45-foot radius to the face of curb for the cul-de-sac.
a. These Street Improvement Plans will include provisions for new
driveways onto the subdivision street for the houses constructed at
10204 and 10230 Southeast 248" Street, and closure of the existing
driveways from these houses onto Southeast 248" Street, unless
otherwise approved by the Director of Public Works.
b. These Street Improvement Plans shall also include the construction
of new asphalt driveways to both houses described above at approved
locations onto the subdivision street.
C. These Street Improvement Plans shall also include the construction
of the entire curb return, and the abutting sidewalk for that curb
return, at the southeast corner on the new public intersection; form its
point of tangency on the subdivision street to its point of tangency on
SE 2481h Street.
d. The curb returns and accompanying sidewalks along the curb returns
for this development shall be consistent with the South 212' Street
HOV style curb returns.
j. Street Light Plans for Southeast 248' Street and the subdivision street
meeting the requirements of the City of Kent Development Assistance
Brochure for Street Lighting Requirements. Street Light Plans and associated
photometric calculations shall be prepared by a qualified professional
engineer licensed by the State of Washington. This brochure is available
from the Transportation Section of the Public Works Department.
7
Hearing Examiner Findings and Recommendation
Emerald Ridge
#SU-98-16
2. The Owner/ Subdivider shall submit and receive approval for a Detailed Tree Plan
from the Planning Department. Grading Plans cannot be approved by the Department
of Public Works without an approved Detailed Tree Plan.
3. The Owner / Subdivider shall place the following Restriction on the face of the
recorded plat:
AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES
CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF
DOWNSPOUT INFILTRATION TRENCH (PERFORATED STUBOUT)
SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER
PLANS.
4. The Owner / Subdivider shall place the following Restriction on the face of the
recorded plat:
RESTRICTION: DIRECT VEHICULAR ACCESS TO LOT 20 SHALL NOT BE
PERMITTED FROM SOUTHEAST 248"' STREET.
5. The Owner/ Subdivider shall dedicate, or deed, all necessary public rights-of-way
for the required improvements and provide all public and private easements
necessary for the construction, operation and maintenance of the required
improvements.
a. The right-of-way for the new subdivision street will include the area
necessary to construct the curb return, 10-foot sidewalk, and will include
the 3-foot wide utility strip behind the back of sidewalk at the northeast
corner of the new intersection with Southeast 248`h Street. This will
require either the relocation of the proposed entrance, or the acquisition of
off-site right-of-way to accomplish this requirement.
b. The minimum easements for water and sewer are 15-feet unless the depth of
these utilities requires a greater depth.
6. Prior to release of any construction bonds, the Department of Public Works must
approve As-Built Drainage, As-Build Water, As-Built Sanitary, and As-Built Street
Plans for the entire site prepared by a professional land surveyor licensed by the
State of Washington in conformance to the requirements of Appendix "E" of the City
of Kent Construction Standards.
7. A fee-in-lieu of park dedication shall be paid by the owner/subdivider in
conformance with KCC 12.04.490.
8
Hearing Examiner Findings and Recommendation
Emerald Ridge
#SU-98-16
B. PRIOR TO THE ISSUANCE OF A B 1I DING PERMIT ON ANY LOT IN THE
EMERALD RIDGE SCTUDIVI ION(SU 98-16). THE OWNER/ SUBDIVIDER SHALL:
1. Record the Plat.
2. Construct all of the improvements required above.
3. Receive approval of the required As-built Drawings for Water, Sewer, Street, and
Stormwater Facilities.
4. Pay the financial obligation required by the Environmental Mitigation Agreement
required for the South 272n'/ South 277" Street Corridor in full, if the property is not
included in the LID for said corridor.
5. The owner/subdivider shall submit a Detailed Tree Plan for the general site, for the
roadway, and for all individual lots showing all trees six inches in diameter or
greater, and their relationship to any proposed structures. This plan must be
approved by the Kent Planning and Public Works Departments prior to approval and
construction of the final roadway design and prior to the issuance of a development
permit or any grade and fill permit for any lot. No trees of six inch caliper or greater
`—' shall be removed from any lot except through the approved tree plan.
DATED this 6`h day of January, 1999.
Theodore Paul Hunter
Hearings Examiner for City of Kent
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Kent City Council Meeting
Date February 16 , 1999
Category Other Business
1 . SUBJECT: SUBDIVISION CODE TEXT AMENDMENT SCA-99-1 -
Ordinance
2 . SUMMARY STATEMENT: The Land Use and Planning Board held a
public hearing on January 26 , 1999, to consider an amendment to
the Kent Subdivision Code to increase the time period allowed
to finalize and record a short plat . The Board recommends
adoption of the proposed ordinance revising Section 12 . 04 . 280
of the Kent Subdivision Code increasing this time period.
3 . EXHIBITS: Ordinance, Staff memo, memo from Diana Nelson to
the Land Use and Planning Board dated 1/26/99 ; draft amendment
to Section 12 . 04 . 280 of Kent Subdivision Code dated 1/26/99 ;
and minutes from the 1/26/99 Land Use and Planning Board public
hearing
4 . RECOMMENDED BY: Land Use and Planning Board
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember&WyU&-jr&d -moved, Councilmember 42211eri seconded
to adopt Ordinance No. '�qq3 amending Section 12 . 04 .280 of
the Kent Subdivision Code, as recommended by the Land Use &
Planning Board.
DISCUSSION: `"YLW
ACTION: --'yY� �n hJ2 t.f
Council Agenda
Item No. 7B
........... .
CITY of M1 T
Jim White, 1la�or
Planning Department (253)859-3390/FAX(253) 850-2544
James P. Harris, Plannin- Director
MEMOFAN DUM
FEBRUARY I o, 1999
MEMO TO: MAYOR JIM WHITE :AND ML%11B1`1tS OF I HE KENT CITY COUNCIL
FROM: DIANA C. NELSON, I'LANNER
SUBJECT: SUBDIVISION CODE AMEND`IENT OF SHORT PLAT EXPIRATION DATE
BackgiOttnd:
The current City of Kent Subdivision Code Section I2.04.2S0 requires that a short plat of 2-9
lots be filed within six (6) months of the date of approval or the short plat will be null and cold.
The current code does allow for one (1) extension of not more than six (6) months if the request
is received by the Planning Department prior to the six-month expiration date. The Planning
Department routinely gives a six-month extension to any request made within the deadline.
Developers have expressed concern about the limited amount of time allotted for recording of a
final short plat. The Planning Department agrees that six months can be inadequate time to
complete a short plat and file it for recording. Eighteen (IS) of the twenty-five (25) short plats
approved in 1997, approximately 72%, required a six-month extension prior to recording of the
final plat. Several of the applicants struggled to complete requirements before the expiration of
the six-month extension period.
Proposed Change:
The Planning Department is proposing an amendment to Section 12.04.280 of the City of Kent
Subdivision Code to lengthen the time frame for recording of a final short plat. The proposed
amendment would extend the short plat expiration date to one (1) year from the date of approval
and increase the extension time period to one (1) year, if the extension is requested prior to the
one-year expiration date. The proposed time frame allows property owners and developers
additional time to finalize the short plat and complete the recording process.
The proposed amendment was submitted to the Land Use and Planning Board for discussion at
the January 11, 1999 work session. The proposed amendment came before the Board at the
January 26, 1999 Land Use and Planning Board public hearing. The Land Use and Planning
Board voted unanimously to recommend approval of this amendment to the City Council.
DN\mw:P:WDMIN\SUBPLATSTAFF3.DOC
�—' enc
cc: Brent McFall,Director of Operations
James P.Harris,Planning Director
220 Jih AVENI E SOUTH / 6EM.R ASHINGTON 98032-5S95
CITY OF
Jim White, NIayoc
INVICtA
Planning Department (253)859-3390/FAX(253) 850-2544
James P. Hams,Planning Director
MEMORANDUM
JANUARY 26, 1999
ivlEMO TO: RON HARMON, CHAIR AND 'vIE%IBERS OF THE LAND USE AND PLANNING
BOARD
FROM: DIANA C. NELSON, PLANNER
SUBJECT: PROPOSED SUBDIVISION CODE A.%IEN�DNIENT OF SHORT PLAT
EXPIRATION DATE
Back round:
The current City of Kent Subdivision Code Section 12.04.2SO requires that a short plat of 2-9 lots be
filed within six (6) months of the date of approval or the short plat will be null and void. The current
code does allow for one (1) extension of not more than six (6) months if the request is received by the
Planning Department prior to the six-month expiration date. The Planning Department routinely dives
a six-month extension to any request made within the deadline.
Developers have expressed concern about the limited amount of time allotted for recording of a final
short plat. The Planning Department agrees that six months can be inadequate time to complete a short
plat and file it for recording. Eighteen (18) of the twenty-five (25) short plats approved in 1997.
approximately 72%, required a six-month extension prior to recording of the final plat. Several of the
applicants struggled to complete requirements before the expiration of the six-month extension period.
Proposed Changes:
The Planning Department is proposing an amendment to Section 12.04.280 of the City of Kent
Subdivision Code to lengthen the time frame for recording of a final short plat. The proposed
amendment would extend the short plat expiration date to one (1) year from the date of approval and
increase the extension time period to one (1) year, if the extension is requested prior to the one-year
expiration date (see attached text). The proposed time frame allows property owners and developers
additional time to finalize the short plat and complete the recording process.
The proposed amendment was submitted to the Land Use and Planning Board for discussion at the
January 11, 1999 work session. The board voted to bring the proposed amendment as an action item to
the January 26, 1999 Land Use and Planning Board public hearing.
DN\mw:P:\ADMIN\SUBPLATSTAFF2.DOC
Enc
cc: Brent McFall,Director of Operations
James P.Harris,Planning Director
Fred N.Satterstrom,Planning Manager
Kevin O'Neill,Senior Planner—Long Range
Charlene Anderson,Senior Planner—Current Planning
„u Jdi AV ENLF SOL FIJ / KIfN I.X1.\SIIINGTf)N VN032-5NO
Draft Short Plat Expiration Amendment dated 1-26-99
Section 12,04.280 Short subdivision plat expiration.
If the short subdivision plat is not filed within deaths one (1 ) year of the date of
approval, the short subdivision plat shall be null and void. Upon written request of the subdivider, the
planning department may grant one (1 ) extension of not more than tenths one (1 ) year. Such
request must be received by the planning department prior to the sip-naenth one-year expiration date.
CITY OF 1,122 BLS
Jim White, Mayor`~'
9- 1rfV1CT �=lanning Department (253) 859-3390/FAX(253) 850-2544
James P. Harris, Planning Director
LAND USE & PLANNING BOARD MINUTES
Public Hearing
January 26, 1999
The meeting of the Kent Land Use and Planning Board was called to order by Chair Ron Harmon at 7:00
p.m. on Tuesday, January 26, 1999 in Council Chambers of Kent City Hall.
LAND USE &c PLANNING BOARD PLANNING STAFF MEMBERS PRESENT
MEMBERS PRESENT
Ron Harmon, Chair James P. Harris, Planning Director
Terry Zimmerman, Vice Chair Fred Satterstrom, Planning Manager
Brad Bell Diana Nelson, Planner
Steve Dowell Laurie Eyezich, Assistant City Attorney
Jon Johnson Pamela %lottram, Administrative Secretary
David Malik
Sharon Woodford
APPROVAL OF MINUTES
Steve Dowell MOVED and Brad Bell SECONDED a motion to approve the minutes of November 23. 30
and December 14, 1998. Motion carried.
ADDED ITEMS TO THE AGENDA
Planning Manager Fred Satterstrom explained to the Board that the National American Planning Conference
will be held in Seattle April 24 through 28. He stated that the last northwest conference was held in 19S3
attended by 3,000 participants from the United States, Canada and some foreign countries.
Mr. Satterstrom said that the conference headquarters is at the Seattle Convention Center. He stated that the
conference anticipates an attendance of 3,500 participants. He said that regular registration is S410.00 with
a reduction in cost if registration is completed by February 3. Mr. Satterstrom stated that funds would be
available for any Board members interested in attending. He said the conference would include a work
session pertaining to planning commissions although participants are welcome to attend any of the sessions
offered including a wetland tour and a downtown tour in conjunction with Auburn and Renton.
COMMUNICATIONS
Planning Director, James Harris welcomed the new Land Use and Planning Board Chair Ron Harmon and
Vice Chair,Terry Zimmerman and stated that he looks forward to working with the Board members in 1999.
The Board members exuberantly recognized Jon Johnson's birthday.
NOTICE OF UPCOMING MEETINGS
None
#SCA-99-1 SHORTPLAT RECORDING DEADLINES TEXT AMENDMENT
Planner, Diana Nelson.introduced this as a subdivision code text amendment for the short plat expiration
date. Ms.Nelson quoted from the City of Kent's Subdivision Code, Section 12.04.280 requiring a short plat
of two to nine lots to be filed within six months of the date of approval or the short plat will expire and
become null and void. She stated that the code allows one extension of not more than six months.
Ms. Nelson stated that in 1997 approximately 72% of the short plats issued and approved required a six-
month extension prior to the recording of the final plat. Ms. Nelson said that the Planning staff is proposing
an amendment to Section 12.04.280 of the subdivision code to lengthen the time frame for recording of the
"u 4i6 A%F'.NL'I[SOL'Tll / Kli\T.1l ASlll\GTO\9So.;2.iSyi
Land Use and Planning Board Minutes
January 26, 1999
Page 2
final plat to one year from the date of approval; with an extension period of one year.
Ms. Nelson said that the proposed amendment was submitted to the Land Use and Planning Board for
discussion at the January 11, 1999 work session and the Board voted to bring the amendment as an action
item to the January 26 public hearing.
Jim Harris stated that extending the time limitations for developers allows more time for processing and
recording.
Brad Bell MOVED and David Malik SECONDED a motion to open the public hearing. Motion carried.
Morgan Llewellyn, Post Office Box 902, Kent, WA stated that existing regulations could result in the
inability to meet time lines as they are currently set up. Mr. Llewellyn stated that he supports Planning
Staffs recommendation to lengthen the time frame for final plat recording.
Steve Dowell MOVED and David Malik SECONDED a motion to close the public hearing. Motion earned.
Brad Bell stated that he supports the text amendment one hundred percent. He stated that this amendment
allows developers more time to complete projects and will save staff time. He complimented staff on
presenting this amendment. Mr. Dowell concurred vith Mr. Bell.
Brad Bell MOVED and David Malik SECONDED a motion to accept staff's recommendation of=SCA-99-1
Short Plat Recording Deadlines Text Amendment. Motion carried unanimously.
#ZCA-98-3 REGULATORY REVIEW FOR HAZARDOUS MATERIALS
Planning Manager Fred Satterstrom introduced this as a regulatory review request by Charlie Lindsey of the
Kent Facilities Division to allow a larger amount of hazardous substances to be stored at the Kent shops
facility. He stated that the original request indicated an inventory that exceeded the exemption level for
liquid hazardous substances. Mr. Satterstrom stated that Facilities has reevaluated their inventory and
concluded that they would be able to reduce the amount of hazardous substances that they retain on the site
and therefore they do not exceed the exemption levels and do not need a code amendment.
Mr. Satterstrom requested withdrawal of #ZCA-98-3 regulatory review on behalf of the Facilities
department. He stated that Facilities staff indicated that they have no intention at this time of reintroducing
this request later.
OTHER ITEMS
Steve Dowell stated that he was concerned with the way the public hearings for November 23 and 30 were
carried out. He said that a series of amendments were heard first than the Board acted on them at the end.
He felt that it would be more efficient to introduce one item at a time, hear public testimony and make a
determination than proceed to the next item for discussion. Mr. Dowell stated that this would be beneficial
specifically when there are a large number of comprehensive plan amendments on the agenda.
Sharon Woodford suggested that two days should be established in November to hear the comprehensive
plan amendments. Jim Harris concurred with the Board member's recommendations to hear each item on
an individual basis as well as to hold two meetings in November for the comprehensive plan amendments.
ADJOURNMENT
Brad Bell MOVED and David Malik SECONDED a motion to adjourn. Motion carried. The meeting
adjourned at 7:20 p.m.
P
ly Submittedarris
i
ORDINANCE NO.
I
AN ORDINANCE of the Citv Council of the City of
Kent, Washington. amendin_ Section 12.04.280 of the Kent
Citv Code to lern_then the tinieframe for recording a final
short plat.
i
WHEREAS, the current City of Kent subdivision code. Section 12.04.280.
requires that a short plat of two to nine lots be tiled within six (6) months of the date of
approval or the short plat will be null and void: and
WHEREAS, the current code does allow for one 1 extension of not more
than six (6) months if the request is received by the Planning Department prior to the six
�✓' month expiration date; and
WHEREAS, the Planning Department has determined that in 1997
approximately 72%of the short plats required a six month extension prior to the recording
of the final plat; and
WHEREAS, developers have expressed concern about the limited amount
of time allotted for recording of a final short plat and the Planning Department agrees that
six months can be inadequate time to complete a short plat and file it for recording; and
WHEREAS, the Planning Department proposed an amendment to Section
12.04.280 of the Kent City Code to lengthen the timeframe for recording a final short plat;
and
1 Short Plat Filing
WHEREAS, the proposed amendment would extend the short plat
expiration date to one (1) year from the date of the approval and increase the extension time
period to one (1) year, if the extension is reyue�ted prior to the one-year expiration date:
I
and
I
WHEREAS, the proposed amendment was submitted to the Land Use &
Planning Board for discussion at its Januar% 11. 1099 work session: and
I
WHEREAS, the Land I 'se & Planning Board voted to bring the proposed
amendment as an action item to the Januan 26. 1999 Land Use & Planning Board public
hearing: and
WHEREAS, the Land Use & Planning Board unanimously approved the
recommendation to amend Section 12.04.280 of the Kent City Code as recommended by
the Planning Department; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 12.04.280 of the Kent City Code is hereby amended
as follows:
Sec. 12.04.280. Short subdivision plat expiration. If the short subdivision plat
is not filed within si* " hs one(1) year of the date of approval, the short subdivision
plat shall be null and void. Upon written request of the subdivider,the planning department
may grant one (1) extension of not more than six 6 one (1) vear. Such request
must be received by the planning department prior to the sim mensh one-year expiration
date.
2 Short Plat Filing
SECTION 2. - .4ererahiiili. If an% one or more sections, subsections, or
`-� sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION 3. - Effective Dare. This Ordinance shall take effect and be in
thirty Qu) days from and after the date of passage and publication as provided by law.
I
JIM WHITE. MAYOR
ATTEST:
i
I
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED: day of 1999.
APPROVED: day of . 1999.
PUBLISHED: day of 1999.
I hereby certify that this is a true copy of Ordinance No. passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
PACivil\Ordtwce�hort plat eatetn.doc
Short Plat Filing
.......... .. ..................
Kent City Council Meeting
Date February 16 , 1999
Category Bids
1 . SUBJECT: CENTENNIAL INFRASTRUCTURE WIRING
2 . SUMMARY STATEMENT: As part of the 1998-2000 Tech Plan, the
Centennial denter $uilding was identified for rewiring to meet
category 5 wiring specifications . The new wiring infra-
structure will have a direct impact on productivity and allow
computer equipment to communicate with other networked
resources at optimal speed and performance . Our consultant ,
Northwest Information Services (NIS) , developed and published
the request for proposal specs . The City received 6 responses .
After careful review, NIS recommends an award to the lowest
bidder, BTS Communications . The BTS response is in the amount
of $91, 130 , which is $12 , 870 below our engineering estimate.
3 . EXHIBITS: Memo and contract
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $91 , 130 . 77
SOURCE OF FUNDS : Technology Plan
7 . CITY COUNCIL ACTION:
Councilmember4wiAL4 move, Councilmemberlq,7,,,t&,Araiu. seconded
If J
to authorize the Mayor to enter into a contract with BTS
Communications for the Centennial Center Infrastructure Wiring,
subject to City Attorney approval , in the amount of $91, 130 . 77 .
DISCUSSION:
ACTION:
Council Agenda
Item No. 8A
Date: February, 8, 1999
�✓ To: Full Council
From: Joseph Lorenz, Network Man
CC: Brent McFall, Director of O n
Re: Bid Award: Centennial Wiring Infrastructure.
As part of the 1998-2000 Technology Plan the Centennial Center Building was identified for
rewiring to meet Category 5 wiring specifications. We are coordinating this effort with the 181
and 2" floor remodel that is currently underway.
Bringing the wiring infrastructure up to Category 5 wiring specifications will allow computer
equipment to communicate with other networked resources at optimal speed and performance.
A new wiring infrastructure has a direct impact on productivity and reduces the time spent
troubleshooting network wire infrastructure anomalies.
The bidding, bid review and project oversight is being handled through our consultants at
Northwest Information Services (NIS). NIS developed and published the Centennial Wiring
Request for Proposal Specification per Kent City Code and the City's Wiring Standard.
The City received 6 responses from the following vendors: BTS Communications, Custom
Cabling Northwest, Evergreen Technologies Inc., GTE Northwest, and SASCO Data Systems.
Northwest Information Services carefully reviewed the responses and they are recommending
" an award to the lowest bidder, BTS Communications.
BTS Communication's response was in the amount of$91,130.77, which is $12,870 below our
engineering estimate.
Recommendation Action:
Award the Centennial Center Request for Proposal to BTS Communication, subject to City
Attorney approval and Mayor's Signature.
Motion:
Authorize the Mayor to enter into contract with BTS Communications for the Centennial Center
Infrastructure Wiring, subject to City Attorney approval, in the amount of$91,130.77.
Thank you.
Enclosures: Northwest Information Services recommendation.
BTS Communication's response to proposal.
Centennial Wiring Infrastructure Contract with BTS Communications.
Northwest Information Services Inc.
February 8, 1999
��✓ Mr. Joseph Lorenz
Network Manager
City of Kent
220 4a'Avenue South
Kent, Washington 98032-5895
Dear Mr. Lorenz:
Northwest Information Services is in receipt of the six bids solicited on behalf of the City
of Kent for the Centennial Building cabling infrastructure. Base bids are as follows:
Firm Base Bid
BTS $ 91,130.77
Custom Cabling Northwest 91,990.00
Evergreen Technologies 108,580.75
GTE 95,878.00
Parrish Communications 102,636.30
SASCO 120,485.54
The low bid, submitted by BTS, satisfies all of the criteria outlined in the Request for
Proposal. References checked indicate that BTS performs in an exemplary manner in
regards to on-time job completion and quality craftsmanship. They have several
references in the local area of similar size projects involving migration to new
infrastructure and"after-hours" cuts. Preliminary Business Profile(attached) indicates a
strong company with adequate resources to accomplish the project in a timely fashion.
It is our recommendation that the contract be awarded to BTS in the amount of
$91,130.77. 1 will facilitate a meeting with BTS all appropriate Kent staff to begin
immediate implementation. I anticipate a 30-day complete time from award of contract.
Please contact me if additional information is required at this time.
ly,
Glenn Sexton
Northwest Information Services, Inc.
Enclosures:
Spreadsheet of Respondents
Business Profile, BTS
Lincoln Center,Suite 280
10300 S.W.Greenburg Road Portland,Oregon 97223 (503)246.8585
i
ATS
Communications
February 5, 1999
Glenn Sexton
Northwest Information Services, Inc.
10300 SW Greenburg Road Suite 280
Portland, Oregon 97223
Dear Glenn,
BTS Communications would like to thank you for the opportunity to respond to the
City of Kent Cabling Infrastructure Request for Proposal.
BTS has reviewed the bid documents, floor plans, and addenda(s) and will sign a contract
including the terms and conditions of the Project Agreement document.
BTS understands and will comply with all provisions as defined in Chapter 39.12 RCW.
Proposal pricing information contained in this RFP response is valid for 90 days
following the bid opening. Should BTS be selected as the vendor of choice the material
component prices and labor rates will be valid for 12 months from the date of an executed
contract.
BTS Communications has participated in the Leviton CCS Program Partner since 1996.
Please give me a call at(206) 575-1520 if you have any questions or require additional
information.
Sincerely,
S C"�Cam-._
Scott Jensen, RCDD
Installation Manager
14 ✓
Table of Contents
TAB 1 PROPOSAL FORM
TAB 2 TECIR41CAL QUALIFICATIONS
FORM
TAB 3 TECHNICAL QUALIFICATIONS
ITEMIZED MATERIAL LIST
TAB 4 TECHNICAL QUALIFICATIONS
REFERENCES
TAB 5 SUBSTITUTION REQUEST FORM
No substitutions were requested
TAB 6 PROJECT OVERVIEW
TAB 7 LEVITON CCS PROGRAM PARTNER CERTIFICATE
Bid Proposal From: BTS Communications
19426 88th Avenue South
Kent. WA. 98032
A corporation organized and existing under the laws of the State of Washington; or
A corporation organized and existing under the laws of the State of
and is/is not licensed to do business in the State of Washington as a foreign corporation; or
X A corporation organized and existing under the laws of the State of Delaware ; or
A partnership consisting of,
. Partners; or
A sole proprietor;
Hereinafter called the Bidder.
To: City Clerk's Office
Re: Centennial Cabling Infrastructure
City of Kent
220—4"'Avenue South
Kent, Washington 98032-5895
The undersigned acknowledges that he/she has received and familiarized himself/herself with the
following:
Cable Infrastructure Proposal Package dated December 1998 (Proposal Documents,
Specifications, and Drawings of the Kent Centennial Building)
Addenda: Number. One Dated:Jan. 24. 1999
Number. Dated:
Number: Dated:
Number: Dated:
The undersigned further acknowledges that he/she has visited the site and familiarized himself/herself
with local conditions affecting the cost of the Worts at the place where the Work is to be performed.
In submitting this Proposal, the undersigned agrees:
1. To furnish all material, labor, tools, expendable supplies, and all utility and transportation
�..✓ services necessary to perform and complete in a workmanNke manner, all of the Work
required for complete construction as specified in and in accordance with the documents
prepared by Northwest Information Services, Inc., for the consideration hereinafter set
forth.
2. To hold this Proposal open for ninety (90) calendar days after the receipt of Proposals
and to accept the provisions of the Instructions to Proposal.
3. To enter into and execute the Proposal Contract if awarded on the basis of this Proposal,
to furnish a Performance Bond as per the Proposal documents, and to deliver fully
executed Proposal Contract to the City within ten (10) days from the City's date of
notification of award.
4. To submit all qualifications and references as required in this package.
5. To begin work on or about February 15, 1999.
Base Proposal, Centennial: The undersigned hereby proposes and agrees to provide all labor and
materials necessary for cable infrastructure as outlined herein for the sum of.
Eighty-three thousand nine hundred fourben and 151100_Dollars($ 83,914.15__J
(Amount shall be shown in both words and figures. In the event of a discrepancy, the amount shown
in words shall govern.)
Alternates: The above base proposal may be modified in accordance with the following Alternatives
as may be accepted by the City of Kent.
Alternate 01: Additional locations consisting of four Category 5 cable drops and associated
equipment. If this alternate is accepted, add per each location, the sum of:
Two hundred thirty and 001100 Dollars($_230.00___)
The undersigned has attached and submitted, as part of its bid, the names of the subcontractors,
together with a description of the subcontract work, of those subcontractors whose subcontract
amount is more than ten percent of the total proposal price. These designated subcontractors must be
the subcontractors with whom the contractor, if awarded the contract, will subcontract for performance
of the listed work. The proposal applicant's failure to name these subcontractors shall render
the applicant's bid non-responsive and,therefore,void, in accordance with RCW 39.30.060.
In submitting this Proposal, it is understood that the right to reject any and all Proposals and to wave
irregularities in the proposal has been reserved by City of Kent.
Dated this 5th day of_February________, 1999
1%.✓
Signature of Proposal Applicant
_Scott Jensen
Printed Name of Proposal Applicant
_19426 68th Ave. South, Kent 98032
Address of Proposal Applicant
Authorized Officer a
_(206) 575-1520
Telephone, including Area Code
Proposal Applicant's Checklist
1. All blanks filled in on Proposal Form
2. SIGNED PROPOSAL FORM
3. Addenda Acknowledged
4. Subcontractor List
5. Materials List Attached
6. Proposal Applicant Qualification/References
1
Proposal Applicant: BTS Communkatlons
Address: 19420 Oft Ave. South. Kent 96032
Telephone: (2061575-1520
FAX: (2061575-6511
To: City Clerk's Office
Re: Centennial Cabling Infrastructure
City of Kent
220—4N Avenue South
Kent, Washington 98032-5895
Project: Centennial Building Cabling Infrastructure
As requested in the project documents, the following information is being submitted to establish
the technical qualifications of this proposal applicant and all named subcontractors. Also included
are itemized material lists, one per each facility, showing quantities, manufacturer, and part
numbers for all major components utilized within our proposal. (A sample list is attached for your
reference that may be modified to meet your product set.) Modifications to these lists, if awarded
the contract, shall be allowed only through written approval of the City of Kent or their
representative, Northwest Information Services, Inc.
References and Qualifications
Provide three references of similar scope. Include project name, address, telephone number, and
contact name. These are to be references of the proposal applicant, not the manufacturer. In the
event subcontractors conducting more than ten percent(10%) of the proposed work are named in
this project, like references are required for each subcontractor.
Basic guidelines:
I) References must be for an installation of not less than 500 cable drops and for work
done in King, Pierce, Snohomish or Kitsap County area or references must be for
work done by substantially the same persons, divisions or subcontractors of the
proposal applicant that will perform the work under the proposed contract.
2) References must be for Leviton certified Category 5 cable installations
3) Attach a copy of Leviton certification program(s) awarded to your firm
4) Attach the itemized material list
5) Return this form with authorized signature acknowledging the above criteria
Authorized Signature: Jae�4 d40444
Printed Name: lain Beveridmae
�., . Date: February 5. 1999
CITY OF KENT, WASHINGTON
CABLE INFRASTRUCTURE
UNIT TOTAL
DESCRIPTION MFG. PART NUMBER REQUIRED PRICE PRICE
Material
4 pair plenum CAT 5e cable Berk-Tek 230600-TP 136,800 FT 0.234 $ 31,977.00
100 pair plenum voice be cable General CMP10024 1,380 FT 2.325 $ 3,208.50
24 strand plenum fiber OCC DX-24-P 225 FT 3.425 $ 770.63
12 strand plenum fiber OCC DX-12-P 60 FT 1.638 $ 98.25
1"plenum innerduct Carlon CF4X1C-250 300 FT 2.213 $ 663.75
Voice tie termination blocks Lucent 110-AW2-300 2 EA 36.450 $ 72.90
Termination clips Lucent 110C-5 120 EA 0.763 $ 91.50
Single gang quad face plate Leviton 41080-41P 90 EA 1.138 $ 102.38
Quad furniture face plate Leviton 49900-EI4 138 EA 5.663 $ 781.43
RJ 45 CAT 5 insert Leviton 41108-RI5 912 EA 3.463 $ 3,157.80
48 port CAT 5 station panel Leviton 59484-A48 20 EA 184.663 $ 3,693.25
48 port CAT 5 voice panel Leviton 59484-A48 14 EA 184.663 $ 2,585.28
48 port CAT 5 tie panel Leviton 59484-A48 6 EA 184.663 $ 1,107.98
24 port CAT 5 tie panel Leviton 59484-A24 1 EA 92.325 $ 92.33
Horizontal wire management Leviton 49253-LPM 62 EA 26.700 $ 1,655.40
Fiber enclosure Leviton 5R740-0ON 3 EA 188.925 $ 566.78
Six pack bulkhead plate Leviton 5F100-1SC 12 EA 35.513 $ 426.15
SC connector 3M 6300SC 72 EA 8.000 $ 576.00
7'x 19"telco style rack Chatsworth 46353-503 8 EA 196.350 $ 1,570.80
Surge suppressor Wiremold JTO6B2B 8 EA 62.100 $ 496.80
Rack to runway mounting plate Chatsworth 10595-112 8 EA 23.425 $ 187.40
Vertical wire manager Chatsworth 11374-503 5 EA 225.575 $ 1,127.88
12"cable runway Chatsworth 10250-012 36 FT 7.950 $ 286.20
Protective end caps Chatsworth 10642-001 3 EA 3.825 $ 11.48
Wall angle support kit Chatsworth 11421-112 8 EA 15.763 $ 126.10
Comer junction kit Chatsworth 11302-001 4 EA 6.413 $ 25.65
Ground terminal block Chatsworth 0800MOl 3 EA 9.525 $ 28.58
Cable runway ground kit Chatsworth 12061-001 8 EA 14.925 $ 119.40
Data rack fasteners N/A N/A 1 LT 50.000 $ 50.00
EMT Graybar 4" 32 FT 3.338 $ 106.80
Unistrut channel shallow B-Line B54 16 FT 0.250 $ 4.00
4" pipe strap B-Line B2017-4 10 EA 1.163 $ 11.63
4" bushing Bridgeport 330 16 EA 1.105 $ 17.68
4" EMT coupler Bridgeport 249-DC 1 EA 3.700 $ 3.70
4" EMT connector Bridgeport 239-DC2 16 EA 4.875 $ 78.00
Ground wire N/A #6 AWG 50 FT 0.176 $ 8.81
Fire stop caulk STI SSS100 2 EA 15.175 $ 30.35
Fire stop putty 3M MPS-2+ 6 EA 19.663 $ 117.98
TECHNICAL QUALIFICATION FORM
CITY OF KENT, WASHINGTON
CABLEINFRASTRUCTURE
UNIT TOTAL
DESCRIPTION MFG. PART NUMBER REQUIRED PRICE PRICE
Malarial
T voice patch cord green Allen Tel ATT1503-8CGN 139 EA 2.038 $ 283.21
5'voice patch cord green Allen Tel ATT1505-8CGN 139 EA 2.413 $ 335.34
7'voice patch cord green Allen Tel ATT1507-8CGN 139 EA 2.725 $ 378.78
3'CAT 5 data patch cord blue Allen Tel ATT1503-8CBU 95 EA 2.038 $ 193.56
5' CAT 5 data patch cord blue Allen Tel ATT1505-8CBU 95 EA 2.413 $ 229.19
7' CAT 5 data patch cord blue Allen Tel ATT1507-BCBU 95 EA 2.725 $ 258.88
3'CAT 5 data patch cord yellow Allen Tel ATT1503-8CYL 15 EA 2.038 $ 30.56
5'CAT 5 data patch cord yellow Allen Tel ATT1505-8CYL 15 EA 2.413 $ 36.19
7'CAT 5 data patch cord yellow Allen Tel ATT1507-8CYL 15 EA 2.725 $ 40.88
15'CAT 5 station patch cord gray Allen Tel ATT1514-8CGY 200 EA 4.088 $ 817.50
Duplex SC-SC fiber patch cord I Comm W&C 492249-1 12 EA 25.813 $ 309.75
Duplex SC-SC fiber patch cord 2m Comm W&C 492249-2 12 EA 27.125 $ 325.50
Duplex SC-SC fiber patch cord 3m Comm W&C 492249-3 12 EA 28.425 $ 341.10
Plenum wire ties 7 3/8" PLT2S-C702 Panduit 4 PK 98.588 $ 394.35
Velcro 1/2"be 75 feet 43115-075 Leviton 1 RL 26.250 $ 26.25
CableCat'J' hooks CAT124Z34 Caddy 2 BX 75.750 $ 151.50
CableCat'J' hooks CAT214Z34 Caddy 2 BX 108.000 $ 216.00
CableCat'J' hooks CAT324Z34 Caddy 2 BX 52.075 $ 104.15
4 foot ceiling hangers J4PRE Acoustical 200 EA 0.285 $ 57.00
Misc. cable support consumables N/A N/A 1 LT 112.500 $ 112.50
Total Material $ 60,678.67
TECHNICAL QUALIFICATION FORM
CITY OF KENT, WASMNGTON
CABLE INFRASTRUCTURE
UNIT TOTAL
DESCRIPTION MFG. PART NUMBER REQUIRED PRICE PRICE
Labor
Bi-directional CAT 5 testing WireScope 155 912 EA 2.000 $ 1,824.00
Fiber termination and test BTS N/A 72 EA 22.000 $ 1,584.00
Copper and fiber riser placement BTS N/A 58 HR 30.000 $ 1,740.00
Station cable placement termination BTS N/A 490 HR 30.000 $ 14,700.00
Rack set up BTS N/A 24 HR 30.000 $ 720.00
Cut over and wreck out labor BTS N/A 75 HR 30.000 $ 2,250.00
Total Labor $ 22,818.00
Total Project $ 839496.67
Performance Bond $ 417.48
Contract Amount $ 839914.15
TECHNICAL QUALIFICATION FORM
BTS Communications
Technical Qualifications
Customer Name: Perkins Coie
Customer Business Address: 1201 Third Avenue 40th Floor
Seattle, WA. 98101
Customer Contact: Ted Speakman, Telecommunications
Manager
Customer Telephone Number: (206) 583-8563
Project Manager: Aaron Wilson
Project Description:
BTS Communications upgraded an existing network infrastructure of approximately 900
users over twelve floors of the Washington Mutual Tower.
Because this was an existing office environment all horizontal wiring was done off shift.
ti..� Berk-Tek 230645-TP enhanced CAT 5 plenum rated cable was used for all horizontal
cabling requirements.
A quad Leviton Quick Port face plate was installed at each work station consisting of(1)
voice insert, (1) modem insert, and(2)enhanced CAT 5 data inserts for a total of 1,800
data drops. Data cables terminated on Leviton 48 port CAT 5 patch panels located in each
of the IDF closets.
An eight strand plenum rated OCC fiber was installed as a network back bone between
each of the (12) IDF's, located on each floor, and the main computer room located on the
40th floor. All fiber was terminated with 3M SC type connectors which were installed in
rack mount Leviton fiber enclosures.
Chatsworth data racks and associated hardware were used on each floor for copper, fiber,
and equipment termination's.
All copper was tested with the WireScope 155 tester with level II software.
The attached article appeared in the January 1999 issues of Cabling Installation and
Maintenance.
BTS Communications
Technical Qualifications
Customer Name: The Austin Company
Customer Address: 18000 International Blvd., Suite 300
Seattle, WA. 98168
Customer Contact: Karl Koning,Network Administrator
Customer Telephone Number: (206) 674-8300
Project Manager: John Eichelberg
Project Completion: September 1998
Project Description:
BTS Communications provided an enhanced CAT 5 cable infrastructure for
approximately 100 users at The Austin Company's new headquarters building in Seattle.
Berk-Tek 230645-TP enhanced CAT 5 plenum rated cable was used for all horizontal
cabling requirements.
.�
Each workstation consisted of(4) enhanced CAT 5 cables terminated with Leviton Quick
Port enhanced CAT 5 data inserts. All station cables terminated on 48 port CAT 5 patch
panels for voice and data connectivity.
All copper was tested with the WireScope 155 tester with level II software.
BTS Communications
Technical Qualifications
Customer Name: Matsushita Avionics Systems Corporation
Customer Business Address: 22333 29th Drive SE
Bothell, WA. 98021
Customer Contact: Lisa Burch, Facilities Administration
Manager
Customer Telephone Number: (425)489-4111
Project Manager: Steve Shearer
Project Completion: 1st Project Completed December 1994
Last Project Completed December 1998
Project Description:
BTS Communications installed over 1,500 CAT 5 voice and data cable locations at
Matsushita Avionics Systems Corporation headquarters building located in Bothell.
Berk-Tek 530141-TP and 530281-TP CAT 5 plenum rated cable was used for all
horizontal cabling requirements.
Each workstation contained(2) Leviton quick port CAT 5 inserts. Data cables terminated
on Leviton 48 port CAT 5 patch panels located in each of the IDF closets. Voice cables
terminated on 66 style blocks.
A 12 strand indoor/outdoor rated OCC fiber was installed as a network back bone
between(5) IDF's located in(3)buildings. All fiber was terminated with 3M ST type
connectors which were installed in rack mount Leviton fiber enclosures.
Chatsworth data racks and associated hardware were used on each floor for copper, fiber,
and equipment termination's.
All copper was tested with the WireScope 155 tester.
CITY OF KENT,WASHINGTON
CABLE INFRASTRUCTURE
SUBSTITUTION REQUEST FORM
To: Northwest Information Services, Inc.
Lincoln Center, Suite 280
10300 SW Greenburg Road
Portland, Oregon 97223
Project Centennial Building Infrastructure
NOTE TO APPLICANTS: The City has no obligation to accept any proposed substitute and
reserves its absolute, unqualified right to reject any proposed substitute with or without
cause.
The following is submitted for your consideration for substitution instead of the specified product in
reference to the above stated project
Section Page Paragraph/Line Drawing Detail/Schedule
Proposed Substitution:
Attach a complete product description, drawings, performance specifications, manufacturers
literature, and other materials necessary for evaluation. Identify specific part numbers within
submission.
1. Will the proposed change(s) require modification to the design to properly install? If yes, explain.
2. Will the undersigned pay for changes to the design, including engineering and drawing costs,
caused by requested substitutions?
3. List differences between the proposed substitution and the specified product.
Proposed Specified
4. Does the proposed substitution carry a different manufacturers warranty than the specified
product? If yes, explain.
SUBSTITUTION REQUEST FORM ® Northwest Irdommdon services,Inc SRF-1
CITY OF KENT,WASHINGTON
CABLE INFRASTRUCTURE
5. Will substitutions affect the progress of the schedule? If yes, explain.
.✓ 6. Will maintenance and/or replacement parts be available in the local Puget Sound area? If no,
explain.
T. Will substitution cost more than specified products? If yes, explain.
Submitted by:
Signature:
Printed Name:
Firm:
Address:
Date:
Telephone:
FOR REVIEWER'S USE ONLY
Accepted
Accepted As Noted
Not Accepted
By:
Date:
SUBSTITUTION REQUEST FORM C Northwest Inrormatioe services,Inc SRF-2
BTS Communications
Project Overview
Main Floor
Station wiring will be installed per floor plans provided and terminated and tested per the
RFP.New support will be required above the first floor ceiling. The post tension slab will
present a challenge as to how attachments are made. This should be discussed and agreed
apon prior to cable installation
The copper and fiber tie cables, first to second floors, will be installed and follow existing
pathways. There are two 4 inch conduits within 15 feet of the new first floor
telecommunications closet that stub into the City of Kent's space on the second floor.
This will allow for the routing of these cables to stay within the City's space and prevent
the routing into common or public areas. This route does not eliminate the need for a
sleeve to be install across the first floor lobby. Station cables to the Facilities Department
will still need to be routed across the lobby in a new conduit.
Based on the number of users, cable paths, and hardwall locations on the first floor BTS
believes that the entire first floor could be cut over to the new cables at the same time.
With the help from the City's network personnel the required network active electronics,
cross connections, and station can be switched over to the new cable for network
connectivity with little difficulty.
Voice cut over is the challenge. The extension dial tone from the City's PBX does not
appear on the lightening protection in any logical order. This means no one group of 100
pair can be cut over without effecting stations not intended to be moved. The solution
would be to terminate the new 600 pair on separate blocks and have an intermediate cross
connect. The problem here is wall space. BTS believes the existing station termination's
adjacent to the lightening protection can be floated away from the wall making room for
the new blocks and a phased cut over. A matrix with the extension number and tie cable
pair count will need to provided by the City's telcom personnel or PBX vendor.
Patch cords from the City's tie cable to the first floor tie cable and patch cords from the
first floor tie cable to the new station cable can be installed prior to cut over.
-� BTS Communications
Project Overview
Second Floor
Station wiring will be installed per floor plans provided and terminated and tested per the
RFP.
Securing the new racks to the post tension slab present a problem in the new
telecommunications closet. The allowable depth of penetration into the slab needs to be
determined. An x-ray, if required, was not included in this response.
Due to the high concentration of cubical furniture and the limited pathways into the
furniture BTS believes the City would be better served with a two phase cut over on the
second floor.
Again, the network cut over should not be a problem. Voice cut over will follow the same
scenario as the first floor with an intermediate cross connect.
Third Floor
Copper and fiber feeds will be installed,terminated and tested per the RFP.
Securing the racks to the post tension slab needs to be discussed.
06 1 0 P'll III
gat
Leviton CCS Program Partner Certification
Business Telephone Systems
Business Telephone Systems, has met Leviton's Certified Cabling System (CCS)
Program Partner selection criteria and has successfully completed the program training.
Therefore, Business Telephone Systems, is hereby certified as a Leviton CCS
Program Partner, and as such is authorized by Leviton to design and install Leviton
Certified Cabling Systems, and to support the Leviton CCS 15 Year Applications
Assurance and Lifetime Extended Warranty
Business Telephone Systems, has agreed to conform to all Leviton specified and
TIA/EIA compliant installation practices as presented in Leviton's certified installer
training program. In addition Business Telephone Systems, agrees to install only
Leviton approved products and category compliant cabling.
Approved systems designed for TIA/EIA-568A channel performance and registered with
Leviton by a certified CCS Program Partner are covered by the Leviton CCS Program
Applications Assurance and Extended Warranty.
CERTIFIED CABLING SYSTEM
15 YEAR APPLICATION ASSURANCE &
LIFETIME EXTENDED WARRANTY
Leviton's approved Certified Cabling System products,when properly installed in both the
telecommunications closet and the work area by Leviton Certified Cabling System (CCS)
Program Partners with the appropriate category rated cable in strict compliance with the
electrical performance criteria of the TIA/EIA-568A standard will support and conform to
EIAITIA-568A specifications covering ANY CURRENT OR FUTURE APPLICATION which
supports transmission over a properly constructed horizontal cabling system premises network
link which meets the channel performance as described in Annex E of TIA/EIA-568A. In
addition,these same Leviton products will be free from defects in material or faulty
workmanship for as long as they are installed in a certified cabling system.
The specific terms and conditions of the 15 Year Applications Assurance and Lifetime
Extended Warranty are set forth in the Leviton CCS Program Partner Agreement.
96061702 June 17, 1996
Certification Number Certification Date
L"ton CCS ogidim Mk-Ager Date
0
Leviton Marketing Manager Date
CENTENNIAL WIRING INFRASTRUCTURE CONTRACT.
PROJECT AGREEMENT
THIS AGREEMENT is entered into between the City of Kent, a Washington Municipal
Corporation, and BTS Communications , a corporation organized and existing under the laws
of Delaware.
1 DEFINITIONS
As used herein, the term "Purchaser" means City of Kent and the term "Seller" means the
contractor or vendor selected to provide the specified system. "Representative" for the
Purchaser shall be Northwest Information Services, Inc.
2. THE WORK
The work to be performed shall include the furnishing of all labor, materials, equipment and
services necessary, or reasonably incidental to, the installation of complete cable plant and
patch panel systems. See SECTION 16740 for system specifications.
3. TIME OF COMPLETION
Contractor shall complete the work within $Q calendar days from the date of issuance of the
City's Notice to Proceed.
4. COMPENSATION
The City shall pay the Contractor the total amount of t91,130.77. Any applicable Washington
State Sales Tax on the work and services contemplated in this agreement SHALL NOT be
included in the total contract amount.
A. Performance Bond Required. Pursuant to Chapter 39.08 RCW, the Contractor will
provide the City with a performance bond in the form attached to this agreement in the
amount of one hundred percent (100%) of the contract amount, including all change
orders, for a period of sixty (60) days after the date of final acceptance, or until receipt of
all necessary releases from the State Department of Revenue and the State Department
of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW,
whichever is later.
B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any
and all payments made to Contractor for a period of sixty (60) days after the date of final
acceptance, or until receipt of all necessary releases from the State Department of
Revenue and the State Department of Labor & Industries and until settlement of any liens
filed under Chapter 60.28 RCW, whichever is later.
C. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Contractor for any defective or unauthorized work. Defective or unauthorized work
includes, without limitation: work and materials that do not conform to the requirements of
this agreement; and extra work and materials furnished without the City's written approval.
Page 1 of 9
CENTENNIAL WIRING INFRASTRUCTURE CONTRACT.
If Contractor is unable, for any reason, to satisfactorily complete any portion of the work,
the City may complete the work by contract or otherwise, and Contractor shall be liable to
°"' the City for any additional costs incurred by the City. "Additional costs" shall mean all
reasonable costs, including legal costs and attorney fees, incurred by the City beyond the
maximum contract price specified above. The City further reserves its right to deduct the
cost to complete the contract work, including any Additional Costs, from any and all
amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING
WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT
THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR
AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE.
5. INDEPENDENT CONTRACTOR
The parties intend that an Independent Contractor - Employer Relationship will be created by
this agreement, the City being interested only in the results obtained under this agreement.
6. TERMINATION
The City may terminate this agreement for good cause. "Good cause" shall include, without
limitation, any one or more of the following events:
A.The Contractor's refusal or failure to supply a sufficient number of properly skilled workers
or proper materials for completion of the contract work.
B. The Contractor's failure to complete the work within the time specified in this agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors or for material
or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement until the contract work is completed.
7. PREVAILING WAGES.
Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of
Washington Department of Labor & Industries prior to commencing the contract work.
Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of
Washington, as well as any other applicable prevailing wage rate provisions. The latest
prevailing wage rate revision issued by the Department of Labor& Industries is attached.
8. ADDITIONAL INSTRUCTION, DRAWINGS AND SPECIFICATIONS
%ftwi
Page 2 of 9
CENTENNIAL WIRING INFRASTRUCTURE CONTRACT.
The City shall furnish with reasonable promptness any required additional instructions, by
means of change orders, drawing, or otherwise, that are necessary for execution of the work.
The work shall be performed to conform to the additional instructions.
9. CHANGES.
The City may issue a written change order for any change in the contract work during the
performance of this agreement. If the Contractor determines, for any reason, that a change
order is necessary, Contractor must submit a written change order request to an authorized
agent of the City within fourteen (14) calendar days of the date Contractor knew or should
have known of the facts and events giving rise to the requested change. If the City
determines that the change increases or decreases the Contractor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith,
to reach agreement with the Contractor on all equitable adjustments. However, if the parties
are unable to agree, the City will determine the equitable adjustment as it deems appropriate.
The Contractor shall proceed with the change order work upon receiving either a written
change order from the City or an oral order from the City before actually receiving the written
change order. If the Contractor fails to require a change order within the time allowed, the
Contractor waives its right to make any claim or submit subsequent change order requests
for that portion of the contract work. If the Contractor disagrees with the equitable adjustment
the Contractor must complete the change order work; however, the Contractor may elect to
protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything
required by a change order, another written order, or an oral order from the City, including
any direction, instruction, interpretation, or determination by the City, the Contractor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days with a written
statement that provides the following information:
a. The date of the Contractor's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that estimate was
determined.
e. An analysis of the progress schedule showing the schedule change or disruption if
the Contractor is asserting a schedule change or disruption.
3. The Contractor shall keep complete records of extra costs and time incurred as a
result of the protested work. The City shall have access to any of the Contractor's
records needed for evaluating the protest.
4. The City will evaluate all protests, provided the procedures in this section are followed.
If the City determines that a protest is valid, the City will adjust payment for work or
time by an equitable adjustment. No adjustment will be made for an invalid protest.
Page 3 of 9
CENTENNIAL WIRING INFRASTRUCTURE CONTRACT.
B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor
shall proceed promptly with the work as the City has ordered.
C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a
change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting
in the way this section provides. A change order that is accepted by Contractor as
provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays
related to any work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or
oral order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of
this section, the Contractor completely waives any claims for protested work and accepts
from the City any written or oral order (including directions, instructions, interpretations,
and determination).
10. CLAIMS.
The Contractor shall give written notice to the City of all claims within fourteen (14) calendar
days of the occurrence of the events giving rise to the claims. Any claim for damages,
additional payment for any reason, or extension of time, whether under this agreement or
otherwise, shall be conclusively deemed to have been waived'by the Contractor unless a
timely written claim is made in strict accordance with the applicable provisions of this
agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in
detail in writing and received by the City within seven (7) calendar days from the date
Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a
Contractors written claim must include the information set forth regarding protests in Section
9.A.2.a.-e.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE
TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY
WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY.
11. WARRANTY
The Contractor shall correct all defects in workmanship and materials within 15 year(s) from
the date of the City's acceptance of the contract work. When defects are corrected, the
warranty for that portion of the work shall extend for one year from the date such correction is
completed and accepted by the City. The Contractor shall begin to correct any defects within
seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor
does not accomplish the corrections within a reasonable time, the City may complete the
Page 4 of 9
CENTENNIAL WIRING INFRASTRUCTURE CONTRACT.
corrections and the Contractor shall pay all costs incurred by the City in order to accomplish
the correction.
Payments shall not become due until the Seller submits to the Purchaser:
A. An affidavit that all payrolls, bills for materials and equipment, and other indebtedness
connected with the work for which the Purchaser or his property might in any way be
responsible, have been paid or otherwise satisfied.
B. Consent of surety, if any, to final payment.
12. OWNERSHIP OF DRAWINGS AND SPECIFICATIONS
All drawings, specifications, and copies thereof furnished by the Purchaser are the property
of the Purchaser. They are not to be used on other work, either wholly or in part.
13. INDEMNIFICATION.
Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents
and volunteers harmless from any and all claims, injuries, damages, losses or suits, including
all legal costs and attorney fees, arising out of or in connection with the performance of this
agreement, except for injuries and damages caused by the sole negligence of the City.
The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE CONSULTANTS WAIVER OF IMMUNITY UNDER
INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this agreement.
14. INSURANCE
The Contractor shall procure and maintain for the duration of this agreement, insurance
against claims for injuries to persons or damage to property that may arise from or in
connection with the performance of the contract work by the Contractor, its agents,
representatives, employees or subcontractors.
.r
Page 5 of 9
CENTENNIAL WIRING INFRASTRUCTURE CONTRACT.
Before beginning work on the project described in this agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit
per accident for bodily injury and property damage; and
B. Commercial General Liability insurance written on an occurrence basis with limits no less
than $1,000,000 combined single limit per occurrence and in the aggregate for personal
injury, bodily injury and property damage. Coverage shall include but not be limited to:
blanket contractual; products/completed operations/broad form property damage; and
employer's liability.
C. Excess Liability insurance with limits not less than $1,000,000 per occurrence.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Contractor.
The City, its officers, officials, employees, agents and volunteers shall be named as an
additional insured on the insurance policy, as respects work performed by or on behalf of the
Contractor and a copy of the endorsement naming the City as additional insured shall
be attached to the Certificate of Insurance.
The Contractor's insurance shall contain a clause stating that coverage shall apply separately
``oll to each insured against whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
The Contractor's insurance shall be primary insurance as respects the City, and the City shall
be given thirty (30) calendar days prior written notice by certified mail, return receipt
requested, of any cancellation, suspension or material change in coverage.
15.PERMITS AND CERTIFICATES
The Seller shall obtain and pay for all necessary permits and licenses required and
necessary for the performance of the work; and shall post all notices required by the law and
comply with all laws, ordinances, and regulations bearing on the conduct of the work
specified.
On any work upon which an inspection certificate by local authorities, National Board of Fire
Underwriters, or any other governing body is required, such inspection certificate or
certificates shall be obtained by the Seller, and shall be paid for by him.
The Seller shall procure all necessary certificates of acceptance or of completion required
and issued by the state, municipal, or other authorities and deliver these to the Purchaser;
and the Purchaser may withhold any payment which are due or which may become due to
the Seller until the necessary certificates are procured and delivered to the Purchaser.
Page 6 of 9
CENTENNIAL WIRING INFRASTRUCTURE CONTRACT.
16.MATERIAL AND APPLIANCES
Unless otherwise stipulated, Seller shall provide and pay for all materials, labor, tools,
equipment, transportation, and other facilities necessary for the performance and completion
of the work. Seller shall verify conditions at the buildings, particularly door openings and
passages, to avoid building any items too large for openings. Any pieces too bulky for
existing facilities shall be hoisted or otherwise handled with apparatus as required. The
Seller shall pay all special handling equipment charges.
17.MISCELLANEOUS
A. Nondiscrimination. In the hiring of employees for the performance of work under this
agreement the Contractor, its subcontractors, or any person acting on behalf of Contractor
shall not, by reason of race, religion, color, sex, national origin, or the presence of any
sensory, mental, or physical disability, discriminate against any person who is qualified
and available to perform the work to which the employment relates.
B. Compliance with Laws. Contractor shall comply with all federal, state and local laws,
rules and regulations throughout every aspect in the performance of this agreement.
C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and
shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of this agreement. All work shall be done at Contractor's own risk, and
Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
D. Nonwaiver of Breach. 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.
E. Governing Law. This agreement shall be governed and construed in accordance with the
laws of the State of Washington. If any dispute arises between the City and Contractor
under any of the provisions of this agreement, resolution of that dispute shall be available
only through the jurisdiction, venue and rules of the King County Superior Court, King
County, Washington.
F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or
lawsuit for damages arising from the parties' performance of this agreement, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit
the City's right to indemnification under Section 9 of this agreement.
G. Written Notice. All communications regarding this agreement shall be sent to the parties
at the addresses listed on the signature page of this agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3)
Page 7 of 9
CENTENNIAL WIRING INFRASTRUCTURE CONTRACT.
calendar days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this agreement.
H. Assjgnment. Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
I. Modification. No waiver, alteration, or modification of any of the provisions of this
agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
J. Severability. If any one or more sections, sub-sections, or sentences of this agreement
are held to be unconstitutional or invalid, that decision shall not affect the validity of the
remaining portion of this agreement and the remainder shall remain in full force and effect.
K. Entire Agreement. The written provisions and terms of this agreement, together with any
attached Exhibits, supersede all prior verbal statements by any representative of the City,
and those statements shall not be construed as forming a part of or altering in any manner
this agreement. This agreement and any attached Exhibits contain the entire agreement
between the parties. Should any language in any Exhibit to this agreement conflict with
any language contained in this agreement, the terms of this agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this agreement.
CONTRACTOR THE CITY OF KENT
Iain_Beveridn Jim White
President Mayor
Date: Date:
Page 8 of 9
CENTENNIAL WIRING INFRASTRUCTURE CONTRACT.
Notices to be sent to: Notices to be sent to:
CONTRACTOR Mr. Joseph Lorenz
Network Manager
The City of Kent
220 Fourth Avenue South
Kent, Washington 98032
(206) 859-3197
jlorenz@ci.kent.wa.us
APPROVED AS TO FORM: ATTEST:
Kent City Attorney Kent City Clerk
Page 9 of 9
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT1
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F . ADMINISTRATIVE REPORTS
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COMMITTEE OF THE WHOLE NINUTES
November 3 , 1998
CON[N[ITTEE MEMBERS PRESENT: Leona Orr. Chair. Sandy .Xmodt. Tom Brotherton. Tim
Clark. Connie Epperly, Judy Woods. Rico Yingling
STAFF PRESENT: Mavor Jim White, May Miller, Brent McFall. Don Wickstrom, Cliff Craig,
Michael Sigsbee, Pete Petersen, John Hodgson, Jana King, Lori Flemm. Dena Laurent. Lori Hogan.
Greg Markley, Roger Lubovich. Charlie Lindsev. Rick Weiss
PliBLIC PRESENT: Christopher Taute. Riversdale. South :kfrica
The meeting was called to order by Chair Leona Orr at 5A2'P%1.
Ai3nroval of Minutes of October 6, 1998
Committee Member, Connie Epperiy, moved to approve the minutes of October 6, 1998. The
motion was seconded and carried 7-0.
1999 Preliminary Budget Overview
Mayor Jim White presented his proposed Operating and Capital Budget for 1999. Mayor White
said the City strives to continue its commitment to effective and efficient management of resources
and to consistently deliver high quality municipal services to its customers. He said Kent continues
to have a positive revenue picture. The proposed 1999 Budget totals $123,814,305 of which
$53,699,564 is in the General Fund. The Budget complies with maintaining a 10% strategic reserve
in the General Fund and the Capital Improvement Program, and it complies with Referendum 47 by
limiting property tax collections to 0.85%. Pending final assessed value figures from King County,
this results in an estimated property tax reduction of 16.5 cents per$1,000 of assessed value. The
budget requires no increase in fees for services except for a proposed adjustment in planning and
zoning fees. Mayor White stated his pride in a budget which proposes to address specific areas of
need in the City while maintaining a fiscally conservative position.
The City of Kent is a rapidly growing and changing city (Population has grown from approximately
40,000 to nearly 70,000 in just a few years), and growth has placed tremendous demands upon the
resources and staff. The 1999 Budget proposes the addition of over 43 new staff positions in order
to maintain the capacity of service. Of these new positions, 27.8 are in the General Fund and the
balance is spread throughout a variety of other funds. The Mayor talked about maintaining the
current quality and scope of services, but also incorporating new initiatives to enhance current
programs. He is proposing a comprehensive economic development program that will focus on
assisting businesses in their efforts to relocate or expand in Kent. Employee Services will be
expanding city-wide training programs that will include the Kent Management Training Academy
for supervisors, work place violence training, and diversity training for City employees. Also
proposed is the development of performance measures for key city services and the tracking of
performance. In the Planning Department, a project will be undertaken to study and plan for transit-
oriented development around the Sound Transit Commuter Rail Station. The proposed Performing
Arts Center fund-raising project will benefit from a temporary position that will work with the non-
profit group undertaking the effort.
In Transportation, current projects will be continued and road widening projects undertaken.
$75,000 has been budgeted for Neighborhood Traffic Control physical improvements and the City
will finance a share of the new commuter rail parkins _arage. Public Safety will be :nhanced bv
new mobile data terminals, the Corrections Facility will receive renovation, and the purchase
balance for Fire Station 475 will be financed. In the Parks Department. there will be :-xpansion and
addition of city parks and funding for Gatewav Projects called for in the Downtown Strategic Plan.
Major sewer system. flood control, and ware- supply projects will also be undertaken.
Finance Director, May Miller, explained the layout of the budget document. Ms. Miller said the
Summary Ordinance pages show all the revenue sources in each different fund of the Ciry. Each
fund has its own rules on how money can be spent. The operating portion of the budget. which
includes all capital projects and the utility budget. is up about 10%. Capital is up from S 15,000.000
to S29.000,000. Ms. Miller said that when the whole City picture is taken together, tares are a
smaller rate percentage, Transfer. Capital. and Debt Service Toes way up, and 4111'o expenditure by
object, salaries, and benefits is not a lush percentage.
The biggest portion of the budget goes to Public Works and Public Safety. Public Works is the
largest program and consists primarily of the corridor projects and water drainage. The Capital
Improvement Program shows Planned Debt Financing of S=1 1,000,000. The General Fund section
shows all the operating budgets of the different departments and the general expenditures. Special
Revenues are special funds that have additional rules on how the money can be spent. They are
kept separate to make sure the money is spent for its considered purpose. The Street Fund.
Youth/Teen Tax, the Capital Improvement Fund, Criminal Justice Fund, Environmental Mitigation
Fund, Community Development, Block Grant, and Other Operating Projects Fund are ail included
in the Special Revenues.
The debt section shows all the general government debt, whether it is Voted, Councilmanic, or ^•'
Special Assessment, and what the interest rate was when issued. The Capital Projects Fund lists
every capital project such as streets, parks, and other projects. This is where the money is actually
spent as it's transferred from tax money and the CIP to the individual Funds. The Enterprise Fund
section covers pay to the meter readers and some of the utility clerical staff. It clears the money and
charges it back to utilities. The Golf Course Fund has been updated with the rate increase that was
proposed.
Internal Service Funds are Fleet fiords allocated out to all the departments with the fleet vehicle
charged back. Fire equipment covers the central service of postage, printing information, service
charges, facilities, buildings, insurance, etc. Trust and Agency is the special Firemen's Relief and
Pension Fund that's been in place since 1965. It is a required fund and there are still some people
eligible to go out on pension in that fund. A study showed that the interest from the money in the
fund pays the pensions of the individuals participating. The Economic Development Fund collects
fees for economic bonds that have been issued and a small amount of money comes into it each
year.
The Statistics section covers Property Tax Data and shows what the City's assessed valuations are.
Ms. Miller said the next year's taxes are always based on the previous year's assessed valuation.
Also shown is the General Fund rates of property tax and the debt service, which are both special
voted issues. Ms. Miller said the City is taking a very conservative picture by using the Implicit
Price Deflator of 0.85%. The 2'/2% CPI and Growth of 1.9% is assumed, and there is no
economical growth. A super-majority vote of the Council can overrule the 0.85%, and the City
could actually go to 6% with a super-majority overrule. The 6% would still bring a very low or
probably even reduced tax rate and would add another S845.000 to the budget for the general fund.
If the percentage were 3°'0, that would add S353.000. The property tax to an owner on a S150.000
house would be S432 at the 0.85% bill. At 39,o. it would go up to S441, and at the roll 69a the tax
would be S433. Ms. Miller said new construction Property Tax money is coming in and will give
the City another $241,000. The Del Mar and Meridian `'alley annexations add S 1.=59,000.
The amount of Sales Tax to be collected has been reduced as one-time-only projects will not
continue to generate revenue next year. Overall, the revenue picture runs about 3 = - 6"o depending
on the categories. All the funds are balanced. The reserve is at 1011'0. and to keep it there, as a
higher expenditure is budgeted, a higher reserve must be budgeted. In 1990, the Fund balance was
S1,300,000. In 1992 there was an economic downnu-n and the Fund went down to 5-500,000. Each
year since it has been built to keep it at a 10116 reserve. There is money in the general fund and also
in the capital fund. The City pre-funds its fire equipment and is self-insured for health insurance.
N/Is. Miller said both of those funds have a good balance and they are actuarially sound. Rates have
staved the same in health insurance for the last '0 vears.
Council President, Leona Orr, asked if the new positions ,vould be phased in. if they were budgeted
For a full year or a partial year. NIs. Miller said that most of them are budgeted for the full year,
however, Police. Fire, and the Finance position are phased. 100°'0 of the money is not budgeted this
year. but the positions are included in anticipation of when they will be hired. Ms. Orr asked for
information on the overtime budget, what was spent this year and what is anticipated for next _ear.
Ms. Miller said the City did increase some overtime in the base plan.
Committee Member, Rico Yingling, asked if there were worksheets or documents that would show
how the Target Issues were linked to different budget items. Brent McFall answered that in each
department breakdown, there is a section of the report that talks about how that department
responds to target issues. He said not every department responds to every target issue, but to the
`rr degree that it does, it's shown for each department. To Mr. Yingling's question of whether or not
the report shows capital or operating cost changes due to the response to target issues, Mr. McFall
said those changes aren't quantified in the current report.
Committee Member, Tom Brotherton, asked if there was a regular process for assessing where the
risks are and how they would be addressed. Mr. McFall said the City does have a risk management
function housed in the Employee Services Department, which focuses primarily on elimination of
risk in terms of municipal liability. The City's emergency management system is housed in the Fire
Department, and is actively engaged in disaster preparedness planning. The Fire Department is
updating the disaster-planning manual. and has done training exercises on communications and
emergency coordination center operations for management staff. Mr. Brotherton said he was
thinking of financial risk and how the other risks are turned into financial risks. Mr. McFall said
the breadth and scope of what cities do and the exposure they have is enormous and that he did not
know of any city that could be totally prepared, but that cities can plan and train, and they can also
recognize there is a recovery period. Mr. Brotherton asked if there was a central coordinator for
emergency responses in the City. Mr. McFall answered that the Fire Chief is designated as the
emergency management coordinator.
Brent McFall notified Council Members that he and Finance Director, May Miller, would set a time
to be available in the council office to answer questions about the 1999 Budget.
The meeting was adjourned at 6:01PM.
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REPORTS FROM SPECIAL COMMITTEES
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CONTINUED C0Mm',".%iCATIONS
A.
EXECUTIVE SESSION