HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/18/1999 City of Kent
City Councial Meetuing
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Agenda
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CITY OF
d��IIC�SP�
Mayor Jim White
Counci/members
Leona Orr, President
Sandy Amodt Connie Epperly
t.
Tom Brotherton Judy Woods
Tim Clark Rico Yingling
May 189 1999
ornoe of m. cny CWx
CITY OF J_4�LL��SV
SUMMARY AGENDA
a KENT CITY COUNCIL MEETING
�nVIcTf- May 18, 1999
9
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
2 . ROLL CALL
3 . CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC
4 . PUBLIC COMMUNICATIONS
A. Castlereagh Sister City Agreement - Signing Ceremony
B. Proclamation - National Public Works Week
C. Introduction of Appointees
5 . PUBLIC HEARINGS
A. Street Vacation, South 188th Street
6 . CONSENT CALENDAR
A. Approval of Minutes
B. Approval of Bills
C. Fire Department Promotional testing Consultant
Services - Approval
D. East Hill Park Expansion Art Project - Acceptance
E. Motorola Equipment P.O. Contract Agreement - Approval
F. Street Vacation, 40th Avenue South - Resolution Setting
Hearing Date 1540
G. Golf Advisory Board Reapppointments & Appointments
H. Lang Plat - Bill of Sale
I . System Development Fee, Meridian Stormwater Capital
Improvement - Amended Ordinance (Technical Correction) 3L-59
7 . OTHER BUSINESS
A. 2000 CDBG Pass-Through Funds - Approval
8 . BIDS
A. S. 277th Street Corridor (Auburn Way N. - Kent/Kangley
Rd. )
B. Kent Memorial Park Building Renovation
(continued next page)
SUMMARY AGENDA CONTINUED
Wes,.
9 . REPORTS FROM STANDING COMMITTEES AND STAFF
10 . REPORTS FROM SPECIAL COMMITTEES
11 . CONTINUED COMMUNICATIONS
12 EXECUTIVE SESSION
A. Labor Negotiations
13 . ADJOURNMENT
V
Y
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 .
--ter
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time,
make known the subject of interest, so all may be properly
heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
PUBLIC COMMUNICATIONS
A) Castlereagh Sister City Agreement - Signing Ceremony
B) Proclamation - National Public Works Week
C) Introduction of Appointees
Kent City Council Meeting
Date May 18 , 1999
Category Public Hearings
1 . SUBJECT: STREET VACATION, SOUTH 188TH STREET S"TV-99-2 -
SET HEARING DATE
2 . SUNKhRY STATEMENT: Resolution No. 1535 established this
date for a public hearing on the application by Pacific
Northwest Group A to vacate a portion of 188th Street South, a
dedicated, unopened street lying between 80th Avenue South and
80th Place South. The staff report recommends approval with
conditions.
3 . EXHIBITS: Staff report; Exhibit B; Application with attach-
ment "A" & "B" ; map; Council minutes of 1110198, 2/3/98,
3/17/98; Public Works and Planning Committee minutes of 4/6/98 ;
and Council minutes of 4/7/98
4 . RECOMMENDED BY: City Council & Public Works/Planning Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
OPEN HEARING:
PUBLIC INPUT:
CLOSE HEARING: U
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember �G-P16/_1 seconds
to QPP-QW& disc rove }� the Planning Director' s recom-
mendation to approve with conditions the application to vacate
a portion of 188th Street South, a dedicated, unopened street
lying between 80th Avenue South and 80th Place South, as
referenced in Resolution No. 1535;
a.a DISCUSSION:
ACTION:
Council Agenda
Item No. 5A
STAFF REPORT
STV-99-2
CITY Of
Jim White, Mayor
Planning Department (253)856-5454/FAX(253)856-6454
James P.Harris,Planning Director
PLANNING DEPARTMENT
MEMORANDUM
May 18, 1999
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: REPORT AND RECOMMENDATION ON AN APPLICATION TO
VACATE A PORTION OF SOUTH 1881" STREET—STV-99-2
I. Name of A hip 'cant
Pacific Northwest Group A
c/o Marisa Lindell, Graham and Dunn
1420 5'Avenue, 33'd Floor
Seattle WA 98101
(206) 340-9639
II. Reason for Requesting Vacation
See attached applicant's Exhibit B
III. Background
An identical application to vacate South 188* Street was processed by the City in 1997
(STV-97-3), and heard by the City Council on January 20, 1998 and was tabled for two
weeks. The Council again considered the application on February 3' and continued it for
two weeks to the meeting of March 17`b. On March 17' the Council continued the
application to April 7' and also sent it to the Council's Public Works and Planning
Committee for a presentation which was held on April 1". The Public Works and Planning
Committee members voted, on advise of staff, to recommend to the Council that the 188'
Street vacation be denied without prejudice. On April 7"the City Council did vote to deny
the street vacation application without prejudice based on the fact that parties involved with
Street Vacation—STV-99-2
Page 2
the vacation had not worked out differences associated with safety and future development
(see attached minutes from the above mention meetings).
IV. Staff Recommendation
After reviewing comments from the following departments and agencies:
• Public Works
• Police
• Fire
• Puget Sound Energy
• U.S. West
and conducting our own review, the Planning Department recommends that the request to
vacate a portion of South 188' Street as mentioned in Resolution 1535 and shown on the
accompanying map,be Approved with the following conditions:
1. The City be compensated for the value of the South 188" Street right-of-way to be
vacated in accordance with State law and that monies received therefore shall be
�✓ deposited in the City's School Pedestrian Walkway Fund—R36 (under City Code,
the classification of the South 188* Street right-of--way is Class B which requires
compensation therefore as condition of any street vacation thereof. The Springbrook
Creek culvert crosses under South 188h Street is inadequate to pass the 100 year
storm event and is a major constriction on the flow of the creek. Upon finalization
of this proposed street vacation,the culvert, including its maintenance and operation,
would be the responsibility of the abutting property owners).
2. Either the City retain easements for utility purposes over,upon and under the vacated
portion of South 188" Street, or the abutting property owners grant to the City
easements for utility purposes over, upon and under the vacated right-of-way.
3. The abutting property owners shall grant an easement or authorize the City to grant
an easement to any private utility company, such as Puget Sound Energy,U.S. West,
Cable TV, etc.,which have existing facilities within the right-of-way to be vacated.
4. The petitioner shall reconstruct the intersection of 80 Avenue South/South 188"'
Street and 80'Place South/S.188'so as to eliminate access onto or off 80'Avenue
South and 80 Place South. Said construction shall be in accordance with City
Standards or as approved by the Public Works Director. Said construction shall
occur prior to or in conjunction with the issuance of any development permit on any
S%r' abutting property of this vacated right-of-way.
Street Vacation—STV-99-2
Page 3
5. Either remove the existing Springbrook Creek culvert crossing of South 188" Street
and re-slope the stream banks as approved by the Public Works Director or
reconstruct the culvert crossing to the size necessary to pass the 100 year-24 hour
storm event. Said removal or reconstruction shall occur prior to or in conjunction
with the issuance of any development permit on any abutting property of the vacated
right-o-way.
JPI I/mj p:P/j im-h/stv99.2.doc
cc: Fred S. Satterstrom,Planning Manager
Enclosures
ATTACHMENT "B"
STV-99-2
9 2
Exhibit B C5
Statement in Support of Street Vacation Application and Petition
S. 188`h Street, between 80`h Place S. and 80`h Avenue S. C17Y pF
rr�� ICF�
Pacific Northwest Group A("PNGA'D hereby renews its petition to vacate S. 188`h CW CLEW
between 80`h Place S. and 80`h Avenue S. in Kent, Washington. PNGA owns two-thirds of the
property abutting this street and proposes to construct a multi-tenant industrial building along the
south side of the street(the "Project"). The Project,which would include associated parking,
landscaping and other site improvements, is the subject of a Determination ofNon-Significance,
#ENV 9243 (the"Project DNS' . Specifically, conditions 13 and 14 of the Project DNS require
PNGA to construct full street improvements to S. 188`h Street, or in the alternative to have S.
188`h Street vacated following City of Kent Street Vacation procedures.
The cost of the full street improvements to S. 188`h Street, when considered with-other conditions
of the Project DNS which also require PNGA to construct significant street improvements to 80`h
Place S. and to 80`h Avenue S., could make the Project economically infeasible. As a result,
PNGA has again elected in the alternative to pursue vacation of this portion of S. 18e Street in
an attempt to comply with the conditions of the Project DNS and proceed with the Project.
When PNGA originally applied for vacation of this portion of S. I98`h Street a little more than a
year ago,the Kent Planning Department recommended approval of the petition with five
conditions. The five conditions required: (1)paying the City of Kent for the vacated right of
way; (2) granting an easement to the City of Kent for utilities; (3) granting the City of Kent the
right to in turn grant an easement to the utility companies;(4)reconstructing intersections to
eliminate access off of and onto the vacated right of way, and(5)removing or improving the
Springbrook Creek culvert crossing at S. 1880h Street Attached as Exhibit B-1 is a copy of that
January 12, 1998 recommendation. PNGA stood ready and willing to meet each of these
conditions, and stands ready to do so today.
In addition, during the comment period, Drainage District No. 1 stated that it wanted its access to
the Springbrook Creek to be preserved by means of an easement. PNGA reached an independent
agreement with Drainage District No. 1 regarding the requested access easement-At the same
time PNGA offered to have, and is still willing to have, this added as a sixth condition. Attached
as Exhibit B-2 is correspondence relating to PNGA's agreement with Drainage District No. 1.
It is important to understand that the portion of S. 188`h Street which PNGA is petitioning to
vacate is a little used,under-maintained, sub-standard, local access road. It is not listed as an
arterial in the City of Kent's traffic plan. At its widest,the road is 20' wide, with two lanes, and
at its most narrow, where it crosses the Springbrook Creek culvert, it is 14' wide, with one lane.
Moreover,the Springbrook Creek culvert crossing is a major constriction on the flow of the
creek and is inadequate to pass the I00-year storm event. Attached as Exhibit B-3 is a copy of a
photograph of S. 188`h Street viewed west to east.
I
Importantly, vacation of S. 18e Street between 80d'Place S. and 80`4 Avenu �. rrl�ps i in
significant public benefit. �y ��; Y F ffcz
ED
♦ As a condition of the street vacation, the City of Keat could again require that the culvert
crossing be improved or removed, either of which would result in an enviro=&W lape
the City of Kent MY CLE
• The City of Kent would no Ionger be responsible for any liability associated with the
inadequate culvert crossing.
♦ The City of Kent would no longer be responsible for the maintenance of the little used-right
of way and culvert crossing.
♦ Development of the Project would result in an increase in the City of Kent's tax base.
♦ Development of the Project would result in an increase in the City of Kent's employment
base.
Accordingly,with this petition, PNGA renews its request for the vacation of S. 188d' Street,
between 80`h Place S. and 806'Avenue S., in Kent, Washington. When PNGA first petitioned for
vacation of this street a little more than one year ago the petition was heard by the City Council
and ultimately denied without prejudice to it being brought again.
PNGA believes it adequately addressed the concerns raised at that time by the two property
owners who responded to the petition. Attached as Exhibit B-4 is a copy of a map and arr aerial
photograph showing the geographical relationship between PNGA's property and that of the two
responding property owners.
One of the two property owners to respond was Toysmith. Toysmith objected on the basis of
traffic congestion and traffic flow. Specifically, Toysmith claimed that losing this right-of-way
would make it inconvenient for their drivers to access westbound S. 180`h Street and would
impact the commute between Toysmith's two facilities. But S. 18e Street is not, and is not
intended by the City of Kent to be, an east-west through-fare. Concerns about east-west travel
across the Kent Valley have been resolved by the City of Kent after much study and
consideration. The City of Kent's chosen solutions do not include the use of S. 188`b Street.
Moreover,the property used by Toysmith,which fronts 84`�Avenue S. (East Valley Highway),
already has access to three current east-west through-fares: S. 180'h Street, S. 192ad Street and S.
212" Street In addition, the S. 196`b /200d' Street Corridor project will provide Toysmith with
yet another east-west through-fare to relieve the traffic across the valley floor complained of by
Toysmith. Attached as Exhibit B-55 is a copy of a map showing the location of Toysmith in
relation to these access routes and to S. 1881h Street Attached as Exhibit B-6 are copies of
photos showing Toysmith's actual building which fronts East Valley Highway at the intersection
of East Valley Highway and 80d`Place S.
Furthermore, Toysmith does not have legal standing to object as it is not an owner of abutting
property and the traffic issues it raises are general to all travelers and not specific to Toysmith,
and as such the vacation cannot be deemed to be a substantial impairment to their access. See,
Exhibit B-4; and see, See, Banchero v. City of Council for the City of Seattle 2 Wn. App. 519,
572 and 525, 468 P.2d 724 (1970).
17
The second property owner to respond was Group Nine Limited Partnership by and through its
general partner Howard Montoure. Group Nine owns approximately one-third of the property
abutting this portion of S. 188'' Street Se_e, Exhibit B-4. Group Nine did not object to the street
vacation. Group Nine's response simply stated that they did not want to incur is as a
result of a decision to vacate the street and they wanted access to their grope .. n
vehicles. PNGA made Mr. Montoure an offer which fully addressed these co . A eta aV
Exhibit B-7 is a copy of Mr. Montoure's January 20, 1998 letter to the Kent City.Co 81, a9l a _ O
copy of PNGA's offer dated March 10 1998. Mr.Montoure rejected this offs cl ' he was
in contract to sell Group Nine's property which abuts S. 1881` Street and that the pr C KE$VT.
601
property owner did not agree to the terms of the offer extended by PNGA. Notably,
Montoure's sale never closed. While PNGA is not willing to buy all of Group Nme's property,
or to ensure that Group Nine get any variances to the setbacks applicable to Group Nine's
property, which have both been suggested by Group Mine,PNGA is willing to renew its earlier
offer to Mr. Montoure. As evidenced by Exhibit B-7,the offer includes PNGA paying to
improve or remove the culvert crossing,purchasing from the City for PNGA the frontage
abutting Group Nine's property at the statutory rate of one-half of the appraised value, and
granting Group Nme an easement for emergency vehicle access.
In conclusion,PNGA, as the owner of at least two-thirds of the property fronting S. I88`h Street
between 80°i Place S. and 80m Avenue S., should be eatitled to have this street vacated and to
proceed with its project.
♦ PNGA's petition complies with RCW 35.79 et. seq.
♦ The public will be well benefited by the vacation of this street which is not, and is not
intended to be, an east-west arterial in the City of Kent
♦ PNGA's original petition was recommended for approval by the Kent Planning Department
subject to five conditions which PNGA was and is ready to meet, including a condition that
would require removal or improvement of the culvert which would result in an environmental
benefit to the City of Kent
♦ PNGA is ready to meet a sixth condition should it be added which would require the grant of
an easement in favor of Drainage District No: 1; in the alternative, PNGA is willing to enter
into an independent easement agreement-with Drainage District No. 1.for this purpose.
♦ The concerns of record previously raised by the only two property owners to respond were
Billy addressed by PNGA:
0 PNGA has extended a reasonable offer which fully addresses the issues of cost and
emergency vehicle access raised by Group Nine;
0 The traffic issues raised by Toysmith are mitigated by existing and proposed access
routes; and
0 Toysmith does not have legal standing to otherwise object to the vacation of this
street as it is not an owner of abutting property and the traffic issues it raises are
general to all travelers and not specific to Toysmith.
For these reasons, PNGA's petition to vacate this portion of S. 188'h Street should be granted.
APPLICATION WITH
ATTACHMENT "A" & "B"
STV-99-2
CITY Of low t1''.���f
!1,,42
► of
MAIL TO: APPLICXNT: Pacific Northwest Croup A
CITY OF KENT
CITY OF KENT CITY CLERK NAME: c/o Hariaa Lindell
Property Management Graham & Dunn
220 So. 4th Ave. Address: 1420 Seh Avenue. 33rd Floor
I Kent, WA 98032 C f Seattle, WA 98101
Je
Attn: l-ry (A+ CC.4 3 I�
Phone: (206) 340-9639
I STREET AND/OR ALLEY VACATION APPLICATION AND PETITION
' Dear Mayor and Kent City, Council:
We, the undersigned abutting property owners, hereby respectfully reques
that certain S. 188th Street hereby be vacated. (General Location)
Legal description
(Must Contain Total Square Feet of Area Sought To Be Vacated)
See attached Exhibit A.
! BRIEF STATEMENT WHY VACATION IS BEING; SOUGHT
1 See attached Exhibit B
Sufficient proof, copy of deed contract etc, supported by King County
Tax Rolls shall be submitted for verification of signatures. Without
these a "CURRENT" title report shall' be required.. When Corporations,
Partnerships etc. are being signed for, then proof of individual's
authority to sign for same shall also be submitted.
Attach a color'coded map of a scale of not less than Ills 200' of the area
sought for vacation. (NOTE) Map must correspond with legal description.
ABUTTI14G PROPERTY OWNERS TAX LOT #
SIGNATURES AND ADDRESSES LOT, BLACK & PLAT/SEC. TWN. RG
1 Signature Block Attached 362304 - 9026 (KNCP Phase IV & V)
SE 36-23-04E
Signature Block Attached ; 362304 - 9004(KNCP Phase III)
SE 36-23-04E
• J
$150.00 Fee Paid Treasurer's Rec'=ipt No.
Appraisal Fee Paid Treasurer's Receipt No.
Land Value Paid _ Treasurer's Receipt No.
Deed Accepted Date
Trade Accepted Date
SZ24.33A If !
Abutting Property Owners Signatures and Addresses Q
C)7Y OF SENT'
CLEAk
Pacific Northwest Group A Pacific Northwest Group A
18801 80`h Place South 18202 80`h Avenue South
Kent, Washington 98032-1068 Kent, Washington 98032-2512
PACIFIC NORTHWEST GROUP A,
a California joint venture
BY:
William G. Williams III,Vice President,
Lend Lease Real Estate Investments, Inc.,
as Advisor to the California State Teachers'
Retirement System, Venturer
By:
Glen R. Scott, Authorized Representative,
RREEF America L.L.C., as Investment
Manager of the State of California Public
Employees' Retirement System, an agency
of the State of California, Venturer
1
i
nD
LEGAL DESCRIPTION
(South 188th Street Right-of-Way To Be Vacated) C TMIF KENT
CLERK
The North 30.00 feet of the Southeast quarter of the Southeast quarter of Section 36, Township
23 North, Range 4 East, W.M., lying West of 80th Place South, as conveyed to King County by
deeds recorded under Recording Nos. 3542123 and 3542124;
AND
That portion of the Southeast quarter of Section 36, Township 23 North, Range 4 East, W.M.,
more particularly described as follows:
COMMENCING at the Northwest comer of the Southeast quarter of the Southeast quarter of said
Section 36; '
THENCE South 01' 47' 28" West, 30 feet to the TRUE POINT OF BEGINNING.
Said point being further described as lying North 01' 47' 28' East 1283.53 feet from the.
Southwest corner of the Southeast quarter of the Southeast quarter of said Section 36;
THENCE South 88' 17' 48" East, 120 feet;
THENCE South 74' 10' 17" West, 99.72 feet to a point of nontangent curvature to the left;
THENCE along said curve to the left, having a radius of 25 feet, the center of which bears South
01' 42' 12" West, an arc distande of 39.23 feet, through a central angle of 39' 54' 44";
THENCE North 010 47' 28" East, 55 feet to the TRUE POINT OF BEGINNING, as conveyed to
the City of Kent for street purposes under deed recorded under Recording No. 75012-20005.
Project: Kent North Corporate Part:
November 21. 1997
DJS/sm/bd
6177L.001
9 0
Exhibit B r'
Statement in Support Vacation A of Street Application and Petition
ce Pp c pP r>, �'F`� 1 �`���# l
S. 188 Street, between 80e Place S. and 80 Avenue S.
Pacific Northwest Group A ("PNGA") hereby renews its petition to vacate S. 188`h 014 C iw
between 80e'Place S. and 80'h Avenue S. in Kent, Washington. PNGA owns two-thirds of the
property abutting this street and proposes to construct a multi-tenant industrial building along the
south side of the street(the "Project"). The Project,which would include associated parking,
landscaping and other site improvements, is the subject of a Determination ofNon-Significance,
#ENV 92-43 (the"Project DNS' . Specifically, conditions 13 and 14 of the Project DNS require
PNGA to construct full street improvements to S. 188m Street, or in the alternative to have S.
188d' Street vacated following City of Kent Street Vacation procedures.
The cost of the full street improvements to S. 188'b Street, when considered with-other conditions
of the Project DNS which also require PNGA to construct significant street improvements to 80`h
Place S. and to 80`h Avenue S., could make the Project economically infeasible. As a result,
PNGA has again elected in the alternative to pursue vacation of this portion of S. 188d' Street in
an attempt to comply with the conditions of the Project DNS and proceed with the Project.
When PNGA originally applied for vacation of this portion of S. 198`h Street a little more than a
year ago, the Kent Planning Department recommended approval of the petition with five
conditions. The five conditions required: (1)paying the City of Kent for the vacated right of
way; (2) granting an easement to the City of Kent for utilities; (3) granting the City of Kent the
right to in turn grant an easement to the utility companies;(4)reconstructing intersections to
eliminate access off of and onto the vacated right of way; and(5)removing or improving the-
Springbrook Creek culvert crossing at S. 188m Street Attached as Exhibit B-1 is a copy of that
January 12, 1998 recommendation. PNGA stood ready and willing to meet each of these
conditions, and stands ready to do so today.
In addition, during the comment period, Drainage District No. 1 stated that it wanted its access to
the Springbrook Creek to be preserved by means of an easement. PNGA reached an independent
agreement with Drainage District No. 1 regarding the requested access easement. At the same
time PNGA offered to have, and is still willing to have, this added as a sixth condition. Attached
as Exhibit B-2 is correspondence relating to PNGA's agreement with Drainage District No. 1.
It is important to understand that the portion of S. 188 h Street which PNGA is petitioning to
vacate is a little used, under-maintained, sub-standard, local access road. It is not listed as an
arterial in the City of Kent's traffic plan. At its widest,the road is 20' wide, with two lanes, and
at its most narrow, where it crosses the Springbrook Creek culvert, it is 14' wide, with one lane.
Moreover,the Springbrook Creek culvert crossing is a major constriction on the flow of the
creek and is inadequate to pass the 100-year storm event. Attached as Exhibit B-3 is a copy of a
photograph of S. 188`h Street viewed west to east.
1
j:\c02O82\m l 4071%03602
Importantly, vacation of S. 188`h Street between 80`h Place S. and 80`'Avenu 6. �s 7significant public benefit.
♦ As a condition of the street vacation,the City of Kent could again require that the ulve4 j�Qq
crossing be improved or removed, either of which would result in an environm&W IW
the City of Kent CITY CLERK
♦ The City of Kent would no longer be responsible for any liability associated with the
inadequate culvert crossing.
♦ The City of Kent would no longer be responsible for the maintenance of the little used.right
of way and culvert crossing.
♦ Development of the Project would result in an increase in the City of Kent's tax base.
♦ Development of the Project would result in an increase in the City of Kent's employment
base.
Accordingly,with this petition, PNGA renews its request for the vacation of S. 188`h Street,
between 80m Place S. and 80m Avenue S., in Kent, Washington. When PNGA first petitioned for
vacation of this street a litile more than one year ago the petition was heard by the City Council
and ultimately denied without prejudice to it being brought again. '
PNGA believes it adequately addressed the concerns raised at that time by the-two property
owners who responded to the petition. Attached as Exhibit B-4 is a copy of a map and an aerial
photograph showing the geographical relationship between PNGA's property and that of the two
responding property owners.
One of the two property owners to respond was Toysmith. Toysmith objected on the basis of
traffic congestion and traffic flow. Specifically, Toysmith claimed that losing this right-of-way
would make it inconvenient for their drivers to access westbound S. 180m Street and would
impact the commute between Toysmith's two facilities. But S. 188`h Street is not, and is not
intended by the City of Kent to be, an east-west through-faze. Concerns about east-west travel
across the Kent Valley have been resolved by the City of Kent after much study and
consideration. The City of Kent's chosen solutions do not include the use of S. 188h Street.
Moreover, the property used by Toysmith, which fronts 80 Avenue S. (East Valley Highway),
already has access to three current east-west through-fares: S. 180d' Street, S. 192id Street and S.
212d' Street In addition,the S. 196`h/200' Street Corridor project will provide Toysmith with
yet another east-west through-fare to relieve the traffic across the valley floor complained of by
Toysmith. Attached as Exhibit B-5 is a copy of a map showing the location of Toysmith in
relation to these access routes and to S. 188`h Street Attached as Exhibit B-6 are copies of
photos showing Toysmith's actual building which fronts East Valley Highway at the intersection
of East Valley Highway and 800'Place S.
Furthermore, Toysmith does not have legal standing to object as it is not an owner of abutting
property and the traffic issues it raises are general to all travelers and not specific to Toysmith,
and as such the vacation cannot be deemed to be a substantial impairment to their access. See,
Exhibit B-4; and see, See, Banchero v. City of Council for the City of Seattle, 2 Wn. App. 519, ,
522 and 525, 468 P.2d 724 (1970).
2
j:k02082\m 14071\03602
The second property owner to respond was Group Nine Limited Partnership by and through its
general partner Howard Montoure. Group Nine owns approximately one-third of the property
abutting this portion of S. 188`h Street. See, Exhibit B-4. Group Nine did not object to the street
vacation. Group Nine's response simply stated that they did not want to i c oSts as a
result of a decision to vacate the street and they wanted access to their prope } Yl7
. PNGA made Mr.Montoure an offer which fully addressed these co A oAet�ar �S
vehicles. 0
Exhibit B-7 is a copy of Mr. Montoure's January 20, 1998 letter to the Kent City Cot�rid a
copy of PNGA's offer dated March 10 1998. Mr. Montoure rejected this offer claiming he was
in contract to sell Group Nine's property which abuts S. 188'h Street and that the pr t�E f,4T
property owner did not agree to the terms of the offer extended by PNGA. Notably,
Montoure's sale never closed. While PNGA is not willing to buy all of Group Nine's property,
or to ensure that Group Nine get any variances to the setbacks applicable to Group Nine's
property,which have both been suggested by Group Nine,PNGA is willing to renew its earlier
offer to Mr. Montoure. As evidenced by Exhibit B-7, the offer includes PNGA paying to
improve or remove the culvert crossing, purchasing from the City for PNGA the frontage
abutting Group Nine's property at the statutory rate of one-half of the appraised value, and
Wanting Group Nine an easement for emergency vehicle access.
In conclusion,PNGA, as the owner of at least two-thirds of the property fronting S. 188`' Street
between 80'h Place S. and 80`h Avenue S., should be entitled to have this street vacated and to
proceed with its project.
♦ PNGA's petition complies with RCW 35.79 et. seq.
♦ The public will be well benefited by the vacation of this street which is not, and is not
intended to be,an east-west arterial in the City of Kent
♦ PNGA's original petition was recommended for approval by the Kent Planning Department
subject to five conditions which PNGA was and is ready to meet, including a condition that
would require removal or improvement of the culvert which would result in an environmental
benefit to the City of Kent.
♦ PNGA is ready to meet a sixth condition should it be added which would require the grant of
an easement in favor of Drainage District No. 1; in the alternative, PNGA is willing to enter
into an independent easement agreement with Drainage District No. 1 for this purpose.
♦ The concerns of record previously raised by the only two property owners to respond were
fully addressed by PNGA:
0 PNGA has extended a reasonable offer which fully addresses the issues of cost and
emergency vehicle access raised by Group Nine;
0 The traffic issues raised by Toysmith are mitigated by existing and proposed access
routes; and
0 Toysmith does not have legal standing to otherwise object to the vacation of this
street as it is not an owner of abutting property and the traffic issues it raises are
general to all travelers and not specific to Toysmith.
For these reasons, PNGA's petition to vacate this portion of S. 188 h Street should be wanted.
j Ac0200in 14071\03602
MAP
STV-99-2
PROPOSED STREET VACATION
S. 188TH STREET
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SOUTH 188TH STREET _ AREA PROPOSED TO BE VACATED
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CITY COUNCIL MINUTES
STV-99-2
CITY C4v�c� �, I-- 2o - g8
STREET (PuBLIC,_HEARINGS.—:.ITZK_2 _.,_,;,s
VACATION 8."2Bath"At: Btr+Mt ..Ae t3a►nA).. RATV-97-3i This
public hearing has been set to consider an
application to vacate a portion of the South
188th Street right-of-way located between 80th
Place South and 80th Avenue South which lies
adjacent to the subject property, as referenced
in Resolution No. 1502.
Planning Director Harris pointed out the location
of the street vacation and noted, for the record,
that the Fire Department did respond to the re-
quest for information since they are one of the
prime departments that has input into a street
vacation. Harris then read the following into
the record:
The applicant states, "A portion of the
south 188th Street right-of-way located
between 80th Place South and 80th Avenue
South lies adjacent to their property. The
existing right-of-way width is 301-condition
113 of the MDNS (Mitigated Declaration of
Nonsignificance) issued on December 10,
1992, for the proposed development states
�✓ that in lieu of providing a right-of-way
dedication, that portion of South 188th
Street may be vacated subject to approval
by the City. Since access to the site is
available from both 80th Place South and
Kent City Council Minutes January 20, 1998
STREET Both Avenue South, the developer is request-
vACATION ing to vacate this portion of South 188th
Street to obtain the additional property. "
Harris explained that the applicants were led to
believe a street vacation would be necessary if
they wanted to proceed with their project. He
noted that staff is recommending approval of this
street vacation with five (5) conditions which
were read into the record as follows: (1) The
City shall be compensated for the value of the
right-of-way in accordance with State law and
that monies received therefore shall be deposited
in the City's School Pedestrian Walkways Fund
(R36) ; (2) Either the City shall retain easements
for utility purposes over, upon and under said
vacated right-of-way, or the abutting property
owners grant to the City easements for utility
purposes over, upon and under said vacated right-
of-way; (3) The abutting property owners shall
grant an easement or authorize the City to grant
an easement to any private. utility company, such
as Puget Sound Energy, U.S. West, Cable Tv, etc. ,
that -has- existing facility within the right-of-
way being vacated; (4) The applicant shall recon-
struct the intersections of -80th Avenue South/
South 188th Street and 80th Place South/South
188th Street to eliminate access onto and off of
80th Avenue South and 80th Place South. Said
reconstruction shall be in accordance with City
Standards or as approved by the Public Works
Director. Said reconstruction shall occur prior
to or in conjunction with the issuance of any
development permit on any abutting property of
this vacated right-of-way; (5) The applicant
shall either remove the existing Springbrook
Creek culvert crossing of South 188th Street and
re-slope the stream banks as approved by the
Public Works Director, or reconstruct said
culvert crossing to the size necessary to pass
the 100-year - 24-hour storm event. Said removal
or reconstruction shall occur to or in conjunc-
tion with the issuance of any development permit
on any abutting property of 'said vacated right-
of-way.
The Mayor opened the public hearing. John Ryan,
Corporate Counsel for Toy Investments, Inc.
d/b/a Toysmith, noted that his clients are in
opposition to the street vacation. He noted that
Kent City Council Minutes January 20, 1998
STREET Toysmithfs property is located due east of the
VACATION subject property and their business fronts on
84th Avenue South with the rear entry.on Both
Place. He noted that written comments have
been submitted to Mr. Harris -in the Planning
Department and to the City Council regarding
their opposition to this street vacation which
were submitted today. He explained that their •
opposition is primarily based on traffic conges-
tion and traffic flow. He noted that many of the
employees and freight companies access 180th
using the 188th cut through which is largely
because of the traffic congestion at the north
end of 80th Place South when it intersects with
80th Avenue South. Ryan noted that this street
vacation will only aggravate the situation in the
area, make freight movement inconvenient, and
inconvenience the employees. He noted that the
employees do not like to enter onto 84th Avenue
South because the speeds are high and dangerous.
Todd Timberlake, representative for Trammell Crow
Company-Pacific Northwest Group A, noted that the
property was purchased 5 or 6 years ago. He
noted that there were two Determinations of
Nonsignificance (DNS) issued in which one was for
the bulk of the property to the north and one
specifically for this ten acre parcel. * He noted
that there is an item in .the DNS which states
that subject to this process, the owner has the
right to vacate that street. He noted that it
was the applicants understanding from the begin-
ning that this street could be vacated and that
it would not be an issue. He noted that the
applicant has agreed to the five (5) conditions
listed but that the bridge/culvert is substandard
and if it had increased truck traffic, over time
it might be an issue. He explained that Trammel
Crow's intent is to remove the culvert and open
up Springbrook as requested in one of the condi-
tions. He requested that they be given some time
to respond to the opposition received since they
received short notice on this item. ORR MOVED to
close the public hearing. Clark seconded and the
motion carried.
City Attorney Lubovich pointed out that three
documents have been submitted to the Council from
�.✓` Jack Nelson, Montoure Real Estate and John Ryan
of Toysmith. ORR MOVED to make these three
Kent City Council Minutes January 20, 1998
STREET letters a part of the record. Epperly seconded
VACATION and the motion carried. Upon Orr's question,
Harris noted that this is a time-sensitive item
from staff's viewpoint but that he wasn't sure
about the applicant. Harris clarified for Orr
that the Fire Department did not have a problem
with this proposed street vacation. Upon the
applicant's concurrence, ORR MOVED to table this
item for two weeks. Clark seconded and the
motion carried. Orr requested that this item
come back on 'February 3rd under Other Business on
the Agenda. Upon Clark's request, Mayor White
asked staff to keep the Council apprised of the
progress on this issue.
11 � .�. [ -L.V • �U
(OTHER BUSINESS - ITEM 4C)
S. 188th street Vacation STV-97-3 . A public
hearing was held an January 20 , 1998 , to consider
an application to vacate a portion of the South
STREET 188th Street right-of-way located between 80th
VACATION Place South and 80th Avenue South. This street
vacation was continued to February 3 , under Other
Business, to give the applicant time to contact
adjacent property owners.
ORR MOVED to continue this item for two weeks at
the applicant's request for additional time to
solve this issue. Epperly seconded and the
motion carried.
Kent City Council Minutes March 17, 1998
STREET meeting would place a burden on his staff but
VACATIONS that a records search could be done by then.
Wickstrom said the road could be tapered and
noted that the City of SeaTac would have to
agree to condemn. He noted for Woods that it
is not a time sensitive issue for the city,
and Woods noted that there are similar issues
in the downtown area. Wickstrom noted that
there is a significant grade differential and
that normally the applicant does the survey,
since he is making the request. The motion to
bring this issue back then carried.
(OTHER ,BUSINESS• - IT 4A)
8 '='18Ath Btria cit rii2:' ATrpublic hearing to
co.nsider...an application to vacate a portion of
the S. 188th Street right-of-way located
between 80th Place S. and 80th Avenue S. was
held on January 20, 1998. . Upon the appli-
cant's request, the matter was tabled.
Marisa Lindell, representing the applicant,
noted that at the meeting of January 20th,
three letters raising concerns were submitted;
and that Todd Timberlake, a representative of
the applicant, asked for time to meet with
these parties to try and address their con-
cerns. Lindell explained that all of the
concerns of the drainage district were
addressed, but that two parties still object.
She said there is a public purpose in vacating
the street, in part based on the increased tax
and employment base, and urged the Council to
vacate the street.
John Ryan, Corporate Counsel for Toysmith,
explained that the basis of their objection is
that, while their property does not abut and
they dispute that they do not have standing to
raise objections at this level, they don't
dispute that they can't sue on the basis of
the Council going forward with a vacation. He
noted that they are affected by the proposed
vacation, as well as concerns about the move-
ment of freight east and west. He noted that
they were able to reach agreement about every-
thing including a monetary exchange, and said
they spent a great deal of money improving
88th Place as a condition of getting their
building permit. He noted that the agreement
was pulled off the table at the last moment.
6
Kent City Council Minutes March 17, 1998
STREET Wickstrom explained for Clark that the
VACATIONS petitioner must comply with the conditions,
and the issue of who pays what is between the
petitioner and the other parties. He noted
that some transit capabilities are lost
between Both and Both Place and that the
effect would be relatively minor. He
clarified for Yingling that Toysmith would
lose immediate access if vacated and that
they would have to use 192nd. Maps were then
displayed, and Lindell pointed out that the
street to be vacated is approximately 1000' in
length and that it is a small, two-lane, sub-
standard road. Mayor White noted that all
access from Toysmith would be onto East Valley
Highway. Lindell noted for Orr that the
applicant is proposing development of a multi-
tenant industrial park on the south side of
188th St. and that the vacation will facili-
tate development of the project. Project
Manager. Todd Tim noted that one of the
conditions of the vacation is to remove and/or
improve the culvert across the drainage ditch
and that their intent is to comply with that.
He noted that removal of the culvert would
terminate east-west access. He explained that
vacation of this property was a condition that
was contemplated in the Determination of Non-
Significance, subject to the approval process.
He pointed out that this is not a major east-
west corridor, and that they do not need it
for access. He stated that Toysmith fronts on
East Valley Highway and that they use the back
route. He said the 196th Street corridor
solves the larger issue of east-west access
and that this small piece of S. 188th does
.little to resolve the larger issues. He
explained for Orr that they propose to build a
warehouse of approximately 100, 000 sq. ft.
which would generate truck and car traffic
similar to that in the immediate neighborhood.
Mr, van of Toysmith noted for Brotherton that
when 188th is closed, 88th Place S. will
become useless going north, due to the fact
that trucks will have to wait between two and
three lights to turn left. He said that 80th
Place cannot handle the traffic. -He noted
that four to five large trucks go in and out
of their facility each day. Wickstrom
explained for Brotherton that traffic on 180t h
Kent City Council Minutes March 17, 1998
STREET will be significantly relieved when the 196th
VACATIONS St. corridor is opened.
CLARK MOVED to bring this matter back for
consideration at the first meeting in April.
Orr seconded. Clark said he will feel more
comfortable after he has looked at the
ramifications of the traffic patterns.
Brotherton said he would like to see the
traffic model to see what kind of improvement
196th should provide. Clark noted that a
Planning meeting will be held before the
Council meeting and requested a presentation
at that time. His motion then carried.
RAIL SITE (OTHER BUSINESS - ITEM 4B)
(ADDED BY ARTHUR HARVEY)
iqunity Concern. Upon a question from
Joseph Drag of the Kent Citizens Association,
Mayor White explained that the Council sets
policy and the Mayor carries it out. He noted
that the Mayor can veto decisions made by the
Council. Arthur,Harvey, President of the Kent
Citizens Association, said that his organi-
zation is concerned that the Council voted for
the south site for the transit location, and
the Mayor is advocating the north site. He
said citizens supported the south site at a
public hearing, and asked if there will be
representation supporting the south site.
Mayor White said that he has asked the RTA
Board for time to find the necessary funding
to build a parking garage, and was given until
July 1 . He explained that the funding
package would raise approximately $4, 000, 000,
that it will come to Council, and that there
is no guarantee that it will be at the north
or the south site. McFall noted that they
will try to give a report at the Committee of
the Whole meeting on April 7th.
POLICY (OTHER BUSINESS - ITEM 4C)
(ADDED BY JAN REDDING)
City Policy. Jan Redding, 9511 S. 207th
Place, Kent, asked the Council to consider
passing a Code of Ethics ordinance applying to
elected and appointed officials which is at
least as stringent as that applied to City
employees. She said if there is ever a time
when someone is abusing their office, the
matter could then be addressed. She noted
8
PUBLIC WORKS/PLANNING COMMIE
jjy{{{>>>777���YYPyyyVVV_yyyrrua ' APRI L 6 19 9 8
t
PRESENT: Tim Clark Tom Brubaker
Judy Woods Don Wickstrom
Tom Brotherton Jim Harris
h
South 188th Street Vacation
Wickstrom noted that this item came back from the last Council meeting for further
discussion. He referred to the Transportation Plan of 1996 indicating peak hour traffic
in '96 along 188th &80th and noted what the projection will be for traffic in 2010 when
the corridor is implemented Clark stated that Toysmith's issue here is simply trying to
make a left turn onto Central Avenue (East Valley Highway). The easiest way to do this
_ is to make a right turn onto 80th. Clark felt that by vacating the street, we would set
_ aside the needs for one and we would be doing this on a public right-of-way.
Tom Brotherton clarified that the reason for the request to close this street is to permit
a more economical development across a larger piece of territory. This might not be
possible if it were divided He said since there is an alternative route, this does not look
like a burden on Toysmith. Judy Woods agreed. Clark noted that the piece of land
immediately south of 188th is badly incumbered.
Howard Montoure, property owner on the comer of 188th &80th PI South addressed
the Committee. Judy asked if Mr. Montoure testified at the public hearing. He stated
that he sent a letter which has been made part of the public record. Mr. Montoure
claimed that he was never notified of the potential street vacation. Judy reconfirmed
that his major concern was his desire to build a structure with appropriate ingress and
egress. Mr. Montoure claimed that he wants to be able to use only that portion of the
road necessary for his building. He said he agrees with the vacation on the remaining
portion of the road because it is substandard.
Wickstrom noted that there are certain conditions related to the vacation; one being
they have to pay us for the value of the right-of-way. Trammel Crow could pay us for
the whole thing if they chose to do so and Howard would still end up with half the right
- of way.
1
Todd Timberlake of Trammel Crow the original petitioner on the street vacation, stated .)
r- the following. the brief history of this parcel was it's part of a larger development which
we built over time; this is Phase TV of four phases and there was a built-in sentence in
our DNS stating we had the ability to do this. We have made every effort to work with
the neighbors on this issue- One reason for such a long continuance was Trammel Crow
had been working with Howard Montoure and Toysmith to address their concerns. At
the initial February 20th street vacation, Howard had expressed three concerns'and one
was he didn't want to pay for the removal of the culvert and we agreed to do that; he was
concerned about emergency vehicle access and we offered to grant Howard an easement
for emergency vehicle access across the northern portion of what would be the vacated
street; and lastly,we offered to purchase from the City of Kent his portion of the street.
We felt we had met the objections at the time then this offer came "out of left field" and
changed the terms we had agreed to with Howard.
Brubaker made the following clarification: Howard Montoure has a potential buyer who
has a development proposal. Mr. Tumberlakds company submitted a petition to the City
to vacate this road (S. 188th Street); they received some objections from the adjoining
and non-adjoining property owners one of them being Mr. Montoure and he asked to
have three conditions fulfilled, which they agreed to. Subsequently, Mr. Montoure
received an offer to purchase his property and the offer is probably contingent upon the
&-mlopment proposal. He is asking for additional conditions beyond the original three
that were set forth and the problem we are all facing is, nobody really knows what final
form that proposal will take. The City will have to review the proposal, it will have to
go thru SEPA or whatever development review is required and, it will have to impose
mitigating conditions. The proposal that Mr. Montoure's buyer is submitting may look
radically different once it comes thru that process.
Mr. Montoure stated that his original proposal was to have the street vacated; Trammell
Crow to pay for all of it, and then they would deed over our half of the road to us and
give us a five foot easement on their side so we would have twenty feet for emergency
vehicles. Woods stated with the new condition, Trammell Crow may not want to pay
Mr. Montoure's part of the vacation. Mr. Timberlake stated that they had offered to
make sure there was no out of pocket expense, but Mr. Montoure is asking us to buy
and improve and then, give it back to him.
Jun Harris stated that this street vacation is unprecedented by any other vacation having
been back before Council five times. He suggested that no action be taken and that this
be denied without prejudice. This is something that has been done in the Land Use
Planning Board;we do this at the Short Plat Committee; they can come back sometime
in the future when things are worked out Brubaker made the following clarification: At
the next Council meeting (4/7/98)when this comes up under Other Business, the motion `'..
will be to reject without prejudice until such time as the parties have worked this out.
Committee concurred.
(OTHER BUSINESS - ITEM 4D) 4... _. ,
.-a • leetb'-st'.'. street...Vacation sTV-97-3. .A public
hearing was 'held on January 20, 1998 . The
matter was considered at the March 17, 1998 ,
meeting at which time it was deferred until
today's meeting. The hearing considered the t h
application to vacate a portion of thetS�. 188
Street right %f way located between 80 _, Place
South and 80t Avenue South, adjacent to the
subject property as referenced in Resolution
No. 1502.
Wickstrom noted that this was discussed at the
last Public Works i Planning Committee meeting
and that the two fronting properties were not in
agreement to the terms of the vacation and that
until they are, he believes the Committee's
recommendation is to deny the vacation without
prejudice. Mayor White reiterated that the
public hearing has already been held.
CLARK MOVED ,to deny the vacation without pre-
judice. Woods seconded. Upon a question from
the Assistant City Attorney, Clark clarified
that part of his motion is to dismiss without
prejudice to refile a new petition, He ex-
plained that the traffic pattern on Central
Avenue is prohibitive to left-hand turn lanes
for large trucks during rush hour traffic,
--' noting that this is a public safety issue. He
said that the existing road at 188 is sub-
standard, and that the parties must develop a
workable solution. He emphasized that the City
is not attempting to stop anything, but is
,. . .,. trying to prevent harm to existing businesses.
Woods explained that the Committee had been
TIONS prepared to grant the vacation, but that another
;.:: . issue came up at the meeting which could not be
resolved at that time and which caused addi-
tional confusion. She explained that the
Committee had suggested that if the parties
involved could not resolve their differences
prior to' this meeting, the Council would vote to
not go forward with the vacation without pre-
judice to any further requests to have the
vacation.
:': Clark's motion then carried.
CONSENT CALENDAR
6 . City Council Action:Councilmember &/V� moves, Councilmember
seconds that Consent Calendar Items A through I be a p ved.
Discussion
Action
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of
May 4, 1999 .
6B. Approval of Bills .
Approval of payment of the bills received through April 30 and
paid on April 30 after auditing by the Operations Committee on
May 4, 1999 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
4/30/99 216289-216591 $ 889, 624 . 60
4/30/99 216592-217030 2 , 911 , 167 . 16
$3 , 800, 791 . 76
Approval of checks issued for payroll for April 16 through
April 30, and paid on May 5, 1999 :
Date Check Numbers Amount
5/5/99 Checks 235327-235667 $ 262, 585 . 88
5/5/99 Advices 79289-79901 779, 394 . 32
Cancellation ($2 , 892 . 84)
$1, 039, 087 . 35
Council Agenda
Item No. 6 A-B
Kent, Washington
"NOVO, May 4, 1999
Regular meeting of the Kent City Council was called to order at
7 : 00 p.m. by Mayor White. Present : Councilmembers Amodt,
Brotherton, Clark, Epperly, Orr, Woods and Yingling, Operations
Director McFall, City Attorney Lubovich, Fire Chief Angelo,
Police Chief Crawford, Public Works Director Wickstrom and Parks
Director Hodgson. Approximately 85 people were at the meeting.
CHANGES TO Mayor White added Employee of the Month under
AGENDA Public Communications .
PUBLIC Drinkina Driver Task Force Design Contest
COMMUNICATIONS Recocnition Ceremony. Nancy Mathews, Drinking
Driver Task Force Coordinator, noted that the
poster design contest has been in existence for
16 years . She explained that the program began
as a one-year project to raise awareness of
drinking and driving and it became a great
success . She noted that the Task Force was
approached by staff many times concerning seat
belts, bicycle helmets, pedestrian safety and
that the program is now simply referred to as
Highway Safety. She noted that 420 posters were
submitted this year with 13 winners selected.
She then introduced members of the Steering
Committee who were present at the Council meeting
and explained that these citizens volunteer their
time to put together the program, and give staff
policy direction which is then recommended to the
Council for approval . Mayor White, Councilmember
Woods, Chief Crawford and Ms . Mathews congratu-
lated each of the winners and presented them with
a certificate.
Report on China Trip. John Ryan, President of
the Chamber of Commerce, gave a brief update on
their recent trip to China. He noted that the
Chamber decided to split their trips into two
different ones with one week in China and one
week accompanying Governor Locke to Mexico. He
noted that the Asian Economic Crisis hit the
Chamber' s entire program pretty hard last year as
it did many export businesses in the valley with
the focus completely on Asia. He noted that with
the passage of NAFTA there appears to be more
opportunity in South and Central America so the
Chamber has decided to explore it .
1
Kent City Council Minutes May 4, 1999
PUBLIC Ryan noted that three cities in China, Beijing,
COMMUNICATIONS Shanghai and Guanzhou, were visited with two
objectives in mind. He noted that the first
objective was to address the VISA issue because
of an unprecedented low approval rate from U.S .
embassies for applicants to attend the show. He
noted that the usual 60%-70% approval rate was
under 20% . He explained that each person who
applies for a VISA gets only two m-nutes with an
officer to determine their qualification, and if
there is a slight hesitancy that person will be
denied. He also explained that an individual
would probably be denied if they've had any
dealings with another person who ' s been denied a
VISA or if they are from a province that is
regularly denied.
Ryan noted that the second objective was to
recruit for the show. He noted that it is very
important for this program to continue and move
forward because Kent is now seen as real and
vital .
Debbie Smith, Director of the Chamber of Commerce
International Program, noted that they met with
packaging companies, food processing companies,
and every association that could be related to
the Chamber' s program. She noted that two
projects were brought home to work on with the
first project from a district in Shanghai . She
noted that this project is a preservation and
packaging challenge with a baked product that the
district wants to export to Japan. She explained
that when some Oregon State University professors
who were a part of Food World 198 were contacted
it was discovered that they had received a
research grant and that they plan to be in
Shanghai at the end of May to meet with the
District officials so arrangements can be made
for the District to accomplish their goals .
Smith noted that the other project is in
Guanzhou, in southern China, where one of the
-
largest food manufacturing companies is asking
the Chamber' s help in finding some bakery
2
Kent City Council Minutes May 4, 1999
PUBLIC technology and equipment in digital imagery. She
COMMUNICATIONS noted that the two projects are concrete ones
that the Chamber can sink their hands into and
hopefully see come to term. She thanked the
Council for their help and support .
Upon Yingling' s question, Smith noted that the
trade mission to Mexico will be to Guadalajara
and Mexico City where they plan to meet with
trade officials and take businesses down there to
make business-to-business connections . She
explained that Mexico has a Gold Key Service
providing appointments so as the local businesses
make clear to the Chamber what their objectives
are it is passed on to the Gold Key Service and
they locate those customers . She reiterated that
the Chamber will be recruiting for Food World and
also help the area businesses make the connec-
tions they need to make. Ryan noted for Yingling
that the Chamber will be staying with the Process
Foods Technology and Equipment theme again this
year but that the entire program focus will be
re-evaluated at the end of the year to determine
how successful or unsuccessful the show is this
summer. He stated that the improved focus, the
reputation, and the improved VISA situation will
result in the show perpetuating itself . He
invited Councilmembers who would like to join
them in Mexico to feel free to come. He thanked
the Council for their continued support and
assured them that there will probably be some
positive results from this program.
Letter Carrier' s Food Drive Day. Mayor White
read a proclamation declaring May 8, 1999 as
Letter Carrier ' s Food Drive Day in the City of
Kent . The Mayor noted that the National
Association of Letter Carriers (NALC) , Kent
Branch 2038, are joining in an effort to make a
major impact on the supply of food at Kent
Community and Springwood Food Banks, helping to
feed those in need. He noted that citizens can
contribute through the Post Offices as well as
leaving donations in and by their mail box before
9 : 00 a.m. for collection by the letter carriers .
3
Kent City Council Minutes May 4 , 1999
PUBLIC Mayor White called upon all citizens to join NALC
COMMUNICATIONS Branch 2038 in working to aid those in need in
the community by participating in the annual food
drive. He then presented the proclamation to
Ms . Karen Kirkmire-Wilson who was representing
the letter carriers Branch 2038 . Ms . Kirkmire-
Wilson noted that the intent of starting the food
drive was to make it the easiest way for people
to contribute food to those who are in need.
Police Officers Week. Mayor White read a pro-
clamation declaring the week of May 9-15, 1999 as
Law Enforcement Week in the City of Kent . The
Mayor noted that the Presidential proclamation
encourages citizens to hold appropriate cere-
monies and activities honoring Law Enforcement
and the service given by the men and women who
stand guard in communities . He noted that more
than 14, 000 law enforcement officers have been
killed in the line of duty with a total of 1, 600
officers who have died in the last ten years with �-
thousands of others who have been injured. He
noted that the City of Kent wishes to acknowledge
its own officers, the men and women who fre-
quently risk their lives to "Serve and Protect"
and he encouraged citizens to participate by
recognizing and acknowledging their appreciation
for Police Officers and their daily contribution
to our community safety and peace of mind. Mayor
White then presented the proclamation to two
officers of the Kent Police Department .
National Day Of Prayer, Mayor White read a
proclamation hereby supporting May 6, 1999 as a
National Day of Prayer as is called for by the
Governor of the State of Washington and the
Congress of the United States of America. The
Mayor noted that national days of prayer have
been called for since 1775, when the Continental
Congress designated a time for prayer in forming
a new nation, and that "A National Day of Prayer"
was established as an annual event by an official
act of Congress in 1952 and that such act was
signed into law by then President Truman. He
also noted that Washington State Governor Gary
4
Kent City Council Minutes May 4 , 1999
PUBLIC Locke issued a proclamation designating May 6 as
COMMUNICATIONS a Day of Prayer, and that the Congress, by Public
Law 100-307, recognize annually a "National Day
of Prayer. " Mayor White presented the proclama-
tion to John Hodgson, President-Elect of the
Kiwanis Club.
Introduction Of Appointees. Mayor White
introduced Bob Whalen, Linda Johnson, Frank
Wiemes, and Jay Bakst as his reappointments to
the Transit Advisory Board.
(ADDED ITEM BY MAYOR WHITE)
Emloyee of the Month. Mayor White announced
that Barbara Lopez of Finance/HR/Payroll
Automation has been selected as Employee of the
Month for May. The Mayor noted that Barbara has
been sharing her time, energy and expertise
between two departments and dedicating herself to
the Automation Project . He noted that she has
been diligently working on numerous projects such
as the Capital Facilities Plan, the Councilmanic
Bond, Credit Upgrade Presentation, and the year-
end closing entries and schedules . Mayor White
expressed that the last few months have been
challenging and that Barbara ' s ability to split
her time between the two very busy departments
without hesitation makes her a very deserving
recipient of the Employee of the Month award. He
then presented her with the Employee of the Month
plaque .
CONSENT ORR MOVED that Consent Calender Items A through
CALENDAR T, with the exception of H, be approved. Woods
seconded and the motion carried.
MINUTES (CONSENT CALENDAR - ITEM 6A)
Approval of Minutes. APPROVAL of the minutes of
the regular Council meeting of April 6, 1999 .
STORMWATER (CONSENT CALENDAR - ITEM 6C)
System Development Fee, Meridian Stormwater
Capital Improvement. ADOPTION of Ordinance
No. 3453 which adopts the System Development Fee,
Drainage Service Fee, and Meridian Stormwater
5
Kent City Council Minutes May 4, 1999
STORMWATER Capital Improvement Program for the Soos Creek
Basin of the City' s storm utility service area.
SEWER (PUBLIC HEARINGS - ITEM 5A)
LID 352 , South Reat Storm Sewers. This date has
been set for the public hearing to establish the
formation of LID 352 , South Kent Storm Sewers .
Public Works Director Wickstrom noted that the
project is south of Willis Street and covers the
industrial area just north of South 259th Street
between Burlington Northern Railroad on the east
and Union Pacific Railroad on the west . He noted
that the area encompasses about 50 acres and is
actually a complimentary project to the one the
City is currently doing. He noted that the City
has long proposed to resolve the drainage pro-
blems in this area, and that the purpose of the
LID is to construct a collection system because
presently there is almost no outlet . He
explained that there is a very small 12" pipe `
that was constructed with a high dyke so when the
river is high it is blocked off with a flat gate
leaving no outlet and any development has to
provide extensive on-site storage of up to 9%
inches over the entire site. He noted that the
developments which have occurred up to this
point have had to provide some of the storage
necessary, and that the City' s project, which
includes approximately 2% acres of City-owned
property on the corner of 259th and 3rd Avenue,
includes an on-site storage facility which will
contain about 4% acre feet of storage plus a
small pump station of 30 cubic feet per second
that will outlet into the river. He explained
that this will allow the development to cut its
storage requirements in half plus it would
eliminate the flooding that now occurs and
drainage would become a mute problem.
Wickstrom noted that staff met with the property
owners in February, 1999 to discuss the project
and LID formation. He also noted that the
storage and collection system projects are tied
together so without one or the other there is
6
Kent City Council Minutes May 4, 1999
SEWER very little benefit to the area but with both the
whole area benefits . He noted that the City was
able to secure 65% support from the property
owners through a combination of signees who had
returned a questionnaire to the City and some
covenants . He explained that the public hearing
tonight is just to establish the LID, and that
Council has to decide whether or not to proceed
with the project . He reiterated that this LID
project is a collection system which installs
storm systems on 3rd Avenue, 5th Avenue, and 1st
Avenue and then ties it into the City' s detention
facility and pump station.
Wickstrom noted that the total amount of the LID
is $777, 590 .21, and includes some wetlands that
the City would pick up of approximately
$91, 975 . 04 in assessments. He explained that
the actual assessment to the properties is
$685, 615 . 17 . He noted that if Council passes
the ordinance forming the LID it would take 60%
of the value of the property owners assessment to
protest it . He briefed the Council on the
remaining procedures for an LID.
Upon Clark' s question, Wickstrom noted that the
whole area is industrial and that the storage
requirement makes it difficult to develop but
under ESA the City will have to modify its storm
drainage regulations to address retrofitting
because there is potential for re-development in
this area. He noted that the redeveloper would
get stuck with the heavy drainage requirement
which might make the property not developable.
He noted for Epperly that the project brings the
storm drain system up to the north end of the
industrially zoned property which, in the future,
can be extended to service the whole area. He
noted that without the City' s detention and
outlet projects nothing could be done in that
area.
Wickstorm noted for Orr that there is a 10 acre
tract with 5-acres of wetland that actually
receives a 404 permit and has a development
7
Kent City Council Minutes May 4, 1999
SEWER permit which is tied to the City' s project being
built . He noted that other properties along 5th
Avenue have indicated a desire to redevelop or
add to their property but they are in a quandry
of how to develop meeting the new requirements of
the LID and making the existing ponds adequate
for the whole property versus having to add to
it . He clarified for Orr that this project would
actually benefit anyone who has the potential for
expansion.
Mayor White then opened the public hearing.
Cecil Tilley, 906 3rd Avenue South (Puget Sound
Steel Company) , noted that he is in part of the
area that floods . He noted that there are two
drainage pipes underneath his property and if
those areas are continually dug out, there would
be no standing water. He noted that Puget Sound
Steel has taken care of the problem on this
property, and that he is opposed to the flood
control project (LID formation) . Doug Allan,
Allan Partnership, who owns four acres on 5th
Avenue noted that this project definitely needs
the Council ' s support . He noted that his company
has been fighting water problems since 1968 and
that they are looking forward to getting this
drainage system expanded and controlled so they
can develop on the one-acre pond area, and
improve the industrial area to the point where it
matches with other industrial areas in the City.
He asked the Council to support this project
because it is an opportune time before the cost
increases . He also noted that the project is
very much needed so that development can con-
tinue, and the labor factor could be increased to
about 21%% . Alan noted that this project is very
well defined has been worked on for many years by
the Engineering Department, and that now is the
time to take care of the problem in this area.
He noted that any support from the City Council
would be very much appreciated.
Craig Flintoff, owner of Parcel 15, noted that �.
the pictures which were presented to the property
owners were a direct result of the current
8
Kent City Council Minutes May 4 , 1999
SEWER gravity flow system not being maintained. He
noted that if this project is approved it should
include everything up to Willis Street and take
care of the problems which encompass more of the
current land owners in that area. He noted that
a culvert would probably take care of some of the
problems and gravity flow on the other side of
259th into the river. He expressed that the
financial burden of this LID falls on the small
businesses in the area but the owner-occupied
businesses are the ones who are opposing the LID
formation. He also noted that those with the
undeveloped land and those who are geared up for
expansion are for this project because it will
share the cost on the tax payers and private
businesses .
ORR MOVED to close the public hearing. Woods
seconded and the motion carried. Clark noted
that the reality is that there have been drainage
problems in this area with all of the neighboring
properties and it was been dealt with in a
piecemeal manner but the improvements need to be
done. CLARK MOVED to adopt Ordinance No . 3452 ,
creating LID 352, South Kent Storm Sewers . Woods
seconded.
Wickstrom noted for Epperly that a latecomers fee
is paid up front and then the property owner is
reimburse as others connect to it . He also
pointed out that the City has a right to pump up
to 12 , 000 and continue to pump at this rate
unless King County declares an emergency and the
pump stations in this area would be shut off .
McFall clarified for Epperly that as properties
in an LID area are subdivided, assessments will
be split out amongst the new ownerships .
Wickstrom noted for Yingling that the private
residences not included in the LID are for
properties located north of the industrial zone.
He noted that ultimately the City will probably
have to do something to solve their drainage
problems further north but they are just outside
the scope of this LID. Upon Brotherton' s
9
Kent City Council Minutes May 4, 1999
SEWER question, Wickstrom explained that if it were
sized to handle the entire area, there would be
no detention required on-site but this LID
requires half of what is normally required. The
motion then carried unanimously.
WATER (CONSENT CALENDAR - ITEM 6F)
Garrison Creek Reservoir Seismic Upgrade ACCEPT
the Garrison Creek Reservoir Seismic Upgrade
contract as complete and release retainage to
Able Wright & Company upon standard releases from
the State and, release of any liens, as recom-
mended by the Public Works/Planning Committee.
The original contract amount was $49, 798 . 53 . The
final construction cost was $102 , 197 . 10 . The
overruns were due to additional material required
to complete the project . Adequate funds exist
within the project budget to cover this overage .
PUBLIC WORKS (CONSENT CALENDAR - ITEM 6E)
Surplus Vehicles/Egui t. DECLARE certain "
vehicles and equipment as surplus and authorize
the sale thereof at the next public auction, as
recommended by the Public Works/Planning
Committee.
STREET (CONSENT CALENDAR - ITEM 6D)
VACATION Street Vacation, 125th Place SE. ADOPTION of
Resolution No . 1538 setting June 15th as the
public hearing date for the South 125th Place
Street Vacation, as recommended by the Public
Works/Planning Committee.
TRAFFIC (CONSENT CALENDAR - ITEM 6G)
CONTROL Neighborhood Traffic. ADOPTION of Resolution
No. 1539 directing the Mayor to review and
implement policies and standards relating to
enhanced neighborhood traffic control, as
recommended by the Public Works and Planning
Committee.
This resolution directs the Mayor to prepare and
submit any necessary revisions to the City' s ...
subdivision regulations, development standards,
10
Kent City Council Minutes May 4, 1999
TRAFFIC and other codes or policies to implement
CONTROL neighborhood traffic control, improved pedestrian
access, and other vehicular speed reduction
controls .
CRIMINAL CODE (CONSENT CALENDAR - ITEM 6H)
AMENDMENTS Laser Beam. ADOPTION of Ordinance No. 3454
making it unlawful to improperly point or aim a
laser beam at another person without consent .
Originally developed as an aid for presentations,
laser pointers are readily available to the
public. Reported incidents of laser beam related
injuries have risen. Not only can retinal damage
occur, but directing a beam at an officer or
other armed person can create a significant risk
of injury to both parties . There is currently no
law that prohibits the improper use of laser
pointers . This ordinance makes it unlawful to
point a laser beam at another person without
consent and increases penalties in certain
circumstances .
Clark explained that an incident happened in his
neighborhood a few months ago which alerted him
to the fact that there is no ordinance to prohi-
bit the improper use of laser beams . He later
discovered that the Colt Manufacturing Company
has produced a handgun which is used for training
that can site and register hits on a target . He
noted that adoption of the proposed ordinance
before the Council tonight is aimed at actions
where a laser beam is pointed directly or in-
directly on another person in such a manner as to
harass, annoy, frighten or assault . He noted
that the proposed ordinance also deals with the
appropriateness of the action because there are
times when an individual actually tries to
intimidate another which becomes dangerous for
the person using the laser beam as well as the
intended victim. He noted the ordinance deals
with different levels of behavior, specifically a
misdemeanor or a gross misdemeanor when it
targets public safety officials or individuals
carrying out their official capacity such as EMS
11
Kent City Council Minutes May 4, 1999
CRIMINAL CODE officials . He explained that the intent for
AMENDMENTS adoption of this ordinance is to send a clear
message to the public that it has become a more
dangerous world and those who are charged with
taking care of public safety issues need to be
protected.
Clark noted that he submitted a copy of the Iowa
ordinance to 33rd District Rep. Shay Schual-Berke
and proposed that it be adopted by the State
Legislature. He noted that the ordinance was
passed by both the House and Senate and is
awaiting signature by the Governor. He also
noted that the proposed ordinance gives the City
of Kent a certain amount of caution in the usage
of laser type weapons and provides defense in
consideration of one ' s peers . He explained that
this ordinance would be in effect until the
Governor signs the ordinance that was passed by
the State Legislature and then that ordinance is
adopted by the City. CLARK MOVED for approval of
Consent Calendar, Item H. Woods seconded and the
motion carried.
(CONSENT CALENDAR - ITEM 6I)
Criminal Code Amendment. ADOPTION of Ordinance
No. 3455 amending the Kent Criminal Code .
Recent trends in criminal behavior necessitate
the following changes to the Kent criminal code
by (1) creating a section relating to the
destruction, theft, abandonment, or misuse of
electronic home detention devices; (2) amending
the section relating to escape; (3) creating a
new section relating to the neglect of a child or
dependent person; (4) creating a new section
relating to vehicle prowl tools; (5) creating a
new section relating to drug paraphernalia;
(6) creating a new section relating to the
possession of certain weapons at the Kent
Commons; (7) repealing two sections relating to
firearms; and (8) amending the section relating
to domestic violence . ...
12
Kent City Council Minutes May 4 , 1999
BILLBOARDS (PUBLIC HEARINGS - ITEM 5B)
Billboard Moratorium, On April 20, 1999, the
City Council passed Resolution No. 1536 imposing
a moratorium on the acceptance of applications
for the issuance of any building, land use, or
development permit or approval for billboards.
State law authorizes cities to adopt moratoriums,
provided a public hearing is held within sixty
(60) days of adoption. This date has been set as
the date for a public hearing on this matter.
The Council may either continue the moratorium
for the full six-month term or terminate the
moratorium.
Lubovich noted that the matter before the Council
tonight is not the issue of billboards but the
moratorium iteself . He explained that any
applications filed after April 20, 1999, when
Resolution No. 1536 was passed to impose a
moratorium regarding billboards, would not be
able to proceed with the moratorium in place . He
noted, however, that any applications filed on or
before April 20th would not be affected by the
moratorium assuming that all the code require-
ments are met . He reiterated that tonight is
just a hearing on the continuation of the
moratorium and that the substantive matter of the
billboards is currently before the Planning/
Public Works Committee .
Mayor White opened the public hearing. There
were no comments from the audience and ORR MOVED
to close the public hearing. Woods seconded and
the motion carried.
Clark explained that the issue being discussed is
whether to continue having commercial billboards
that are rented out or not . He noted that the
City has been working on this issue for over two
years and that the recommendation out of the Land
Use and Planning Board is to retain the sign
board numbers as they currently exist . He noted
that another proposal is to ban billboards with
an amortization
13
Kent City Council Minutes May 4 , 1999
BILLBOARDS schedule for the values inherent and leases. He
encouraged citizens to contact City Hall and give
more public input than what has been received to
this point .
CLARK MOVED to pass Resolution No. 1537 adopting
findings and continuing the moratorium estab-
lished in Resolution No . 1536, relating to
building, land use, or development permit or
approval for billboards . Brotherton seconded and
the motion carried.
ZONING CODE (CONSENT CALENDAR - ITEM 6K)
AMENDMENTS Central Avenue Design Guidelines Amendment.
ADOPTION of Ordinance No. 3457 relating to
Central Avenue Design Guidelines .
On April 6, 1999, the City Council approved the
recommendation by the Land Use and Planning Board
and directed the City Attorney to prepare an
ordinance . �--
COMPREHENSIVE (CONSENT CALENDAR - ITEM 6L)
PLAN Shoreline Master Proaraun ADOPTION of Ordinance
No. 3458 relating to the Shoreline Master
Program.
The Shoreline Master Program was adopted by the
City Council on February 2 , 1999, after review by
the Public Works and Planning Committee on
February 1, 1999 . The Land Use and Planning
Board held a hearing on this item on December 14 ,
1998 . The revised Kent Shoreline Master Program
was sent to Washington State Department of
Ecology on February 12 , 1999 for their 30-day
review. The Department of Ecology formally
approved the Shoreline Master Program on
April 20, 1999 .
PLAT (CONSENT CALENDAR - ITEM 6S)
Country Club North Final Plat FU-97-5 . APPROVAL
with conditions of the Country Club North Final
Plat and to authorize the Mayor to sign the final
plat mylar.
14
Kent City Council Minutes May 4, 1999
PLAT The Country Club North Final Plat is 8 . 14 acres
in size and is located between SE 238th Street
and SE 240th Street, and 139th Ave. SE and 140th
Ave . SE. King County approved the preliminary
subdivision under Ordinance No. 12667 on
January 13, 1997 . This subdivision was
transferred to Kent by King County upon the
annexation of the Meridian Valley area. City
staff has reviewed the proposed final plat and
found that it complies with the conditions
imposed by King County Ordinance No. 12667 .
PARKS & (CONSENT CALENDAR - ITEM 6M)
RECREATION Trinity Church Parking Lot Development and Joint
Use Agreement At West Fenwick Park AUTHORIZA-
TION to enter into agreement with Trinity Reform
Church allowing development of additional parking
space on City property at West Fenwick park in
exchange for joint use of the parking lot,
subject to approval of plans and acceptance by
the City Attorney.
The Trinity Reform Church is in need of addi-
tional parking. The church wants to add 30
stalls to their east parking lot site and an
additional eleven feet of parking space on West
Fenwick Park property. In exchange for allowing
them to construct on City property, the church
offers joint-use of the parking lot at all times,
except Sundays and during evening hours after
6 :30 p.m. The church will be responsible for all
costs related to this project . Additional
parking would benefit not only the park, but
users of the new West Hill Skate Park.
(CONSENT CALENDAR - ITEM 6P)
FIRE Kina County Basic Life Support Services Contract
Amendment. AUTHORIZATION for the Mayor to sign
the contract amendment with King County EMS,
allowing the City to receive funds per the EMS
Levy.
In 1998 an Emergency Medical Services (EMS) levy
was passed for a three-year P y period, beginning in
1999 . The City has signed a contract with King
15
Kent City Council Minutes May 4, 1999
FIRE County EMS since 1981 to receive EMS Funding. A
contract amendment is received annually to adjust
the payment amount that the City of Kent will
receive . This amendment changes the amount of
$330 , 912 in 1998 to $682 , 787 in 1999 . The
amendment also changes the contract period to
cover all of 1999 and amends a section to cover
Nondiscrimination in Subcontracting Practices .
The City Attorney' s Office has reviewed the
amendment and in their opinion the amended
contract is compliant . This item relates to the
Council ' s vision for Kent 2003 by allowing the
City to continue to provide EMS services to
citizens (safe community) .
EMPLOYEE (CONSENT CALENDAR - ITEM 6)
SERVICES Civil Attorney Position. APPROVAL of the
Operations Committee ' s recommendation authorizing
an additional Assistant City Attorney (civil)
position in the City Attorney' s office, and
amending the 1999 Budget in the amount of
$48, 000 : $36, 000 for salary and benefits; $7, 000
for computer, workstation, and equipment; and
$5, 000 for anticipated office reconfigurations .
$12, 000 of this position is a one-time expense .
All costs will be paid for transfers from Public
Works projects .
TECHNOLOGY (CONSENT CALENDAR - ITEM 6R)
PLAN Remote Access System Purchase. AUTHORIZATION for
the Mayor to sign a Remote Access Purchase and
Implementation agreement with Network Control
Incorporated in the amount of $68, 935 .20, subject
to City Attorney approval .
REAPPOINTMENTS (CONSENT CALENDAR - ITEM 6T)
Transit Advisory Board. CONFIRMATION of the
Mayor' s reappointment of Bob Whalen, Linda
Johnson, Frank Wiemes, and Jay Bakst to continue
serving as members of the Transit Advisory Board.
Their terms will continue until 4/30/2001 .
16
Kent City Council Minutes May 4, 1999
FINANCE (CONSENT CALENDAR - ITEM 6B)
Approval of Bills. APPROVAL of payment of the
bills received through April 15 and paid on
April 15 after auditing by the Operations
Committee on April 20, 1999 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
4/15/99 215398-215843 $ 798, 406 . 89
4/15/99 215844-216288 3 , 823 , 937 .28
$4 , 622 , 344 . 17
Approval of checks issued for payroll for April 1
through April 15 and paid on April 20, 1999 :
Date Check Numbers Amount
4/20/99 Checks 235003-235326 $ 273 , 709 .49
4/20/99 Advices 78725-79288 817 , 027 .25
$1, 090, 736 . 74
(CONSENT CALENDAR - ITEM 6J)
Youth/Teen Utility Tax Reauthorization.
AUTHORIZATION to continue dedicating three/tenths
of one percent of utility tax to the youth/teen
programs by removing the sunset provisions of the
utility tax dedicated to these programs .
City Council previously authorized a percentage
of the utility tax be dedicated to youth and teen
programs which sunsets at the end of this year.
The funds are used for recreation programs such
as D.A.R.E. , video technology programs, and youth
oriented capital projects .
(CONSENT CALENDAR - ITEM 6N)
Fireworks Display Funding Request. AUTHORIZATION
to use City matching funds, up to $6, 000 to
finance the expansion of the fireworks display
for the Fourth of July "Splash" Festival at Lake
Meridian Park.
The Lake Meridian Homeowners Association has
provided a July 4th fireworks display over the
lake for years . As part of the expansion of the
17
Kent City Council Minutes May 4 , 1999
FINANCE festival, the Homeowners Association and City
staff recommend improving the fireworks display.
To accomplish this, the Homeowners Association
requests the City provide $6, 000 in matching
funds for improvements .
(CONSENT CALENDAR - ITEM 60)
Downtown Planter Box Replacement. AUTHORIZATION
to allocate $18, 000 for the first phase of
replacing planter boxes and garbage cans in
downtown Kent .
There are many wooden planter boxes downtown that
are used to help beautify the area. Many are in
immediate need of replacement . Prior to pre-
senting a funding request to City Council, staff
from Planning, Public Works, and Parks
Departments met with members of the Kent
Downtown Partnership and the Downtown Design
Committee . Those in attendance determined that
it was important to develop a plan to replace
planters, garbage cans, and benches with a
consistency in design and color. The Committee
agreed on replacement pieces and proposes a 3-to-
5 year replacement plan beginning immediately.
The request is for $18, 000 to replace 30 planters
and 10 garbage cans this spring.
REPORTS Council President. Orr reminded the Council of
the Suburban Cities dinner on May 12th and asked
for those who plan to attend to get their
reservations to the Council Secretary as soon as
possible.
Operations Committee. Woods noted that the next
meeting is scheduled for May 18th at 3 :30 p.m.
Parks Committee. Woods noted that the next
meeting will be held on May 18th at 4 :30 p.m.
Administrative Reports. Operations Director
McFall noted that the Council will be resuming
their annual goal-setting retreat on Monday and
Tuesday evenings (May llth and 12th) from
approximately 3 :30 - 9 : 00 p.m. , and will be
18
Kent City Council Minutes May 4, 1999
REPORTS meeting in the 4th Floor Conference Room of the
Centennial Center.
Upon Mayor White ' s request, McFall noted that the
City has entered into an earnest money agreement
with the owner of a substantial portion of pro-
perty on which Council has designated their
desire to place the performing arts center and
that the closing was completed today. He ex-
plained that there is still a small piece of
property that the City wants to acquire to square
off the property along Smith Street, but this is
the first significant step toward finalizing the
civic and performing arts center. He noted that
not only has the location been designated but
also a significant portion of the property
acquired. Mayor White noted that the acquisition
of this property was done within the designated
budget that Council had approved.
ADJOURNMENT The meeting was adjourned at 8 : 05 p.m.
xptl. rt6t
"J��
Donna Swaw
Deputy City Clerk
19
Kent City Council Meeting
Date May 18 , 1999
Category Consent Calendar
1 . SUBJECT: FIRE DEPARTMENT PROMOTIONAL TESTING CONSULTANT
SERVICES - APPROVAL
2 . SUMMARY STATEMENT: Approval and authorization for the Mayor
to sign a contract for services with Oldani & Associates to
assist with the Fire Department promotional testing process .
Recent retirements from the Fire Department have created the
need to test for the positions of Assistant Chief, Battalion
Chief and Lieutenant . In addition, the department will be
assisting Civil Service with an entrance examination for
Firefighter. Due to the workload, multiple promotional tests
and other operational issues, it is necessary to retain the
services of an outside consultant .
Two consultants were interviewed; Oldani & Associates has been
chosen. Although costs were held down by combining services
for two of the tests, costs will exceed $25, 000, which requires
City Council authorization for this one time contract . Costs
include advertising, interviews, test development and adminis-
tration and specific support costs . It is anticipated that
costs for the consulting services will not exceed $50, 000 .
Funds will be funded through salary savings from within the
department ' s budget .
3 . EXHIBITS• None
4 . RECOMMENDED BY: Fire Chief and Employee Services Director
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS: Funded from Fire Department Operational Budget
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6C
Kent City Council Meeting
.. Date May 18 , 1999
Category Consent Calendar
1 . SUBJECT: EAST HILL PARK EXPANSION ART PROJECT - ACCEPTANCE
2 . SUNIIKARY STATEMENT: Acceptance of the artwork created by
artist Ellen Sollod for East Hill Park.
Sollod has been selected to create artwork in East Hill Park,
utilizing the existing hazelnut grove . The plan includes an
ADA accessible crushed granite pathway through the existing
hazel nut grove and a series of granite spheres, ranging from
12 to 36 inches, forming a serpentine line the length of the
path. The project budget of $41, 000 was approved in the 1999
Art Plan.
3 . EXHIBITS: Summary of Artist ' s proposal , budget outline and
location map
4 . RECOMMENDED BY: Operations Committee 5/4/99
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
G . EXPENDITURE REQUIRED: $41, 000
SOURCE OF FUNDS : 1999 Art Budget City Art Plan
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6D
East Hill Park Expansion — Integrated Artwork
Summary of Proposal
I propose to create a work utilizing the existing hazelnut grove in the East Hill
Park Expansion area. The design incorporates an ADA accessible crushed
granite pathway and a series of granite spheres ranging in size from 12 to 36
inches, placed to form a serpentine line the length of the path. The path will be
alternating bands of crushed Erin green and black & white granite. The trees will
be pruned of their dead wood and given the care they need. Included in the
design is a buffer of meadow grass along the east and west perimeters of the
grove.
The inspiration for the work came from a walk through the park. The trees,
though currently unkempt and badly in need of pruning, frame an informal path.
Even now, standing inside the grove, one experiences the light filtering through
the branches that arch over the center, playing off the leaves, and creating a
beautiful and mysterious place. In making this proposal, I am attempting to
enhance that sense of mystery of this special place.
As an artist, I have been influenced greatly by visits to the antiquities of Italy,
Turkey, Mexico, Egypt, Israel and Greece. In many places, one comes upon
ancient ruins that evoke a sense of wonder and curiosity. In Patara, Turkey, an
ancient coliseum is half buried in sand. In Chichen Niza, Mexico, empty ball
fields call to mind ancient games. In Israel, remnants of mosaic floors are
exposed to the open air. Each of these places has a sense of mystery. Each
causes the viewer to fall silent in wonder. How did they get there? What was
their purpose? What will become of them? My desire is that the grove in East
Hill Park will take on a similar sense of wonder sometime in the future.
On a more basic level, the saving of the grove recognizes the history of this site
as a family-owned orchard. In the United States, only the Pacific Northwest has
successfully cultivated hazelnuts. This proposal honors this history.
Ellen Sollod
East Hill Park Budget Proposal 4/19/99
submitted by T. Ellen Sollod
CATEdORY AMOUNT
Materials and supplies
Granite Spheres 10222
Sealent 600
freight 620
subtotal 11442
Installation/spheres
labor and materials 5000
footings 180C
subtotal 6800
Path materials
granite gravel (blk& white) 3/8- 500
erin green gravel 3/8- 9P5
sub-base gravel5/8- 250
goo-fabric (13 rolls) 710
steel egging (installed price) 2240
subtotal 4625
Installation/path
labor 2500
Professional services
Engineering 680
Landscape Architect 1000
Project management 8200
subtotal 9880
contingency 6t 6% 2505
sales tax 08.6% 3248
total 41000
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Kent City Council Meeting
Date May 18 , 1999
Category Consent Calendar
1 . SUBJECT: MOTOROLA EQUIPMENT P.O. CONTRACT AGREEMENT -
APPROVAL
2 . SUMMARY STATEMENT: Approval and authorization for the
Mayor to sign a sole source purchase order contract agreement
with Motorola for 20 laptop vehicle radio modems and wave soft
links that are needed to allow users to transmit and receive
data messages from police vehicles via a laptop. Valley
Communications advises that the current MDT' s will no longer be
supported at the end of this year. The purchase order would be
for approximately $60, 273 plus delivery charges . This purchase
is a part of the project for updating the Police MDT-laptops
which was approved through a CIP recently funded with
Councilmanic bonds .
Per Kent City Code 3 . 70 . 080 the Mayor' s signature approval for
a sole source vendor has been obtained and Council approval per
Kent City Code 3 . 70 . 050 for purchases over $50, 000 is now being
requested.
3 . EXHIBITS• None
4 . RECOMMENDED BY: Staff and Operations Committee 5/4/99
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES
6 . EXPENDITURE REQUIRED: $60 , 273 plus delivery charges
SOURCE OF FUNDS : CIP funded with councilmanic bonds
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6E
Kent City Council Meeting
- Date May 18 , 1999
Category Consent Calendar
1 . SUBJECT: STREET VACATION, 40TH AVENUE SOUTH - RESOLUTION
SETTING HEARING DATE
2 . SUMMARY STATEMENT: As recommended by the Public Works/
Planning Committee, adoption of Resolution No. I setting
July 6, 1999 as the Public Hearing date for the South 40th Ave
So. street vacation.
3 . EXHIBITS: Resolution, petition and vicinity map
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. 6F
RESOLUTION NO.
A RESOLUTION of the City of Kent,
Washington, regarding the vacation of a portion of 40'
Avenue South, a dedicated, open street lying generally
south of that street's intersection with 37" Place South
and 40`h Place South, and setting the public hearing on the
proposed street vacation for July 6, 1999.
WHEREAS, a petition,attached as Exhibit A,has been filed by sufficient
property owners to vacate a portion of 40`h Avenue South, a dedicated, open street lying
generally south of that street's intersection with 37t' Place South and 401h Place South, in
the City of Kent, King County, Washington; and
WHEREAS,these property owners own at least two-thirds of the property
abutting that portion of 40`h Avenue South that is now being sought to be vacated; and
WHEREAS, the petition is in all respects proper;NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT. WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A public hearing on the street vacation petition requesting
the vacation of a portion of 40' Avenue South shall be held at a regular meeting of the
Kent City Council at 7:00 p.m., Tuesday, July 6, 1999. in the Council Chambers of City
Hall located at 220 4th Avenue South, Kent, Washington, 98032.
1 401*Avenue South Vacation
SECTION The City Clerk shall give proper notice of the hearing and
cause the notice to be posted as provided by state law, Ch. 35.79 RCW.
SECTION 3. The Planning Director shall obtain the necessary approval
or rejection or other information from the Public Works Department and other appropriate
departments and shall transmit information to the Council so that the Council may
consider the matter at its regularly scheduled meeting on July 6, 1999.
Passed at a regular meeting of the City Council of the City of Kent, Washington
this day of , 1999.
Concurred in by the Mayor of the City of Kent, this day of
1999.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, on the
day of ' 1999.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\CivillRaolutionlSTVAC.401hAvesouth.doc '.,...
2 401*Avenue South Vacation
64 -i � j�.xx;- ` ,
City or } a�� I D 2 O 2D u+ENriO�Y' i-MI- I
"" APR L51 5 irrg APR 15 1999
CITY OF KENT Kent City attorney
_'�• CITY CLERK '
MAIL TO: APPLICANT:
.✓ CITY OF KENT NAME: KWTV10i. L•L.C.
Property Management
Add
220 So. 4th Ave. Address: 4090 LA1�JIy(
02(
Kent, WA 80]3 (0 Apip WA 98033
At
_
Phone: 425-822-7700
STREET AND/OR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and Kent City Council:
We, the undersigned abutting property owners, hereby respectfully req,
that certain 1.0* Ave S. "ROW" hereby be vacated. (General Location)
Legal description
(Must Contain Total Square Feet of Area Sought To Be Vacated)
LEGAL DESCRIPTION AND EXHIBIT ATTACHED
BRIEF STATEMENT WILY VACATION IS BEING SOUc11T
VACATION OF CITY OF KENT ROW AS SHOWN ON APPROVED KENTVIEW MPUD PLANS AND AS
DISCUSSED IN MDKS.
Sufficient proof, copy of deed contract etc. supported by King Coul
Tax Rolle shall be submitted for verification of signatures. Withc
these a "CURRENT" title report shall be required. When Corporatiol
Partnerships etc. are being signed for, then proof of individual
authority to sign for same shall also be submitted.
Attach a color coded map of a scale of not less than 1" - 200' of the at
sought for vacation. (NOTE) Map must correspond with legal description.
AntrivINc PROPERTY OWNERS TAX LO'f I!
SIGNA'111RES AND ADDRESSES LO•f, BLOCK S PIJ1'P/SEC. TWN.
ICI MEW L.L.C.. _ PARCEL NUMBERS 16. 17. 18. 19. 20.
4030 Lake YkshinRton Blvd 4201 21 li 22 SEE ATTACHED TITLE
nrkland WA 980n- REPORT
$150.00 Fee Paid 6S Treasurer's Receipt No.
Appraisal Fee Paid Treasurer's Receipt No.
Land Value Paid Treasurer's Receipt No.
Deed Accepted Date
'trade Accepted _ Date_ ,
22041HAVE.$0,IKENI,WAlIK/K1111N lM725NS/F"alIEEIIMK7 rt!llMll 7M2I(KEMINMIS 121K:M3!]]lS/rAK!!Sl YJ2/
NW to -22—44 -- —
APR t 5 1999D r
C/IyTY KEWT
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CITY OF KENT
CITY CLERK
Kentview,L.L.C.,a Washington limited liability company
By: Polygon Northwest Company,a Washington general partnership
Its: Manager
By: Brentview,Inc.,a Washington corporation
Its: Managing Partner
B : Richard R&Iings
Its: Authorized Agent
BRZNTvnw,1IgC. o ( (� d
CERTUFIED COPY OF CORPORATE RESOL D
CITY OF KENT
I, Jefty D. Gow, President of Breotviaw, Inc., general Partner of Poigg&l o%i"uieaK
Company,general partnerdup duty orpebed,and au sstmg under the laws of the State of
WasWnrxm,hereby=r*that the blomeg is a true copy of a resohmon which is now
in fiull fiuce and effect and which has been duty and legally adopted by the appropriate
mm*w of members of the Board of Mectors who, by their signatures to a wrium
consent, adopted such resokutions without a meadng of the Board of Directors as
permissble under the Corporatio's Articles.of Incorporation and Bylaws and the laws of
the State of Washington and that the same has not ban modified,amended,or revoked as
of this date.
RESOLVED: That Richard Rawfiogs is authorized to execute
any and all documents in conmum n with the permit processing and
construction and development design and approvals with respect to
Polygon Northwest Company.
IN WYTNESS WEMEOF,I have signed this 1 Sf- day of F r n� , 1999.
BRENTVIEW,INC.
By.
Presid
AMdnl11Mpnw%cestb RiebwdR
APR 1 � LI
DODDS ENGINEERS, INC. 5 �„0�9
BELLEVUE WA 98007
DEI Project No:96 �CAN
3/4/99
Road Vacation Description
That portion of 41 a Avenue South,adjoining Tracts 3,4, 5, 6 and a portion of
Tracts 2 and 7, in the plat of Van De Vanter's Ten Acre Tracts as recorded in
Volume 12 of Plats at page 84, records of King County,Washington described as
follows:
BEGINNING at the northwest comer of the south half of said Tract 2;thence
N89009'58"W 15.00 feet to the centerline of said 41 a Avenue South;thence
S00°50'02"W along the centerline of said 41$'Avenue South, 1.31 feet;thence
N89009'58"W 15.00 feet to the southeast comer of the north 329.00 feet as
measured along the west line of said Tract 7;thence S00050'02"W along the east
line of said Tracts 5,6 and 7 a distance of 1638.84 feet to the southeast comer of
said Tract 5;thence N89°3624"E 30.01 feet to the southwest comer of said Tract
4;thence N00050'02"E along the west line of said Tracts 2, 3 and 4 a distance of
1639.50 feet to the POINT OF BEGINNING.
Contains 49,180t square feet(1.1290t acres).
3
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101
96098Road.doc,3/4/99,page 1
Kent City Council Meeting
Date May 18 , 1999
Category Consent Calendar
1 . SUBJECT: GOLF ADVISORY BOARD REAPPOINTMENTS & APPOINTMENTS
2 . SUIOIARY STATEMENT: Confirmation of the Mayor ' s reappoint-
ment of George Billings and Carl Hart to continue serving as
members of the Golf Advisory Board.
Confirmation of the Mayor' s appointment of Richard E. "Dick"
Dadey and Gary Tomlinson to serve as a member of the Golf
Advisory Board.
Mr. Dadey, a Kent resident, is Marketing Manager at Shell Oil
Company. He is familiar with golfing through his service as
Director of Pacific Northwest Golf Association, and his
membership in Washington State Golf Association and Western
Golf Association. He has also established caddie programs
throughout the state.
Mr. Tomlinson is a retired Army Officer and is currently a high
school Physical Education Teacher.
3 . EXHIBITS• Memo
4 . RECOMMENDED BY: Mayor White
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6G
MEMORANDUM
TO: LEONA ORR, CITY COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM: MAYOR JIM WHITE
DATE: MAY 12, 1999
SUBJECT: REAPPOINTMENTS AND APPOINTMENTS TO GOLF ADVISORY BOARD
I have reappointed George Billings and Carl Hart to continue serving as members of the Golf
Advisory Board.
I have also appointed Richard E. "Dick" Dadey to serve as a member of the Golf Advisory Board.
Mr. Dadey, a Kent resident, is Marketing Manager at Shell Oil Company. He is familiar with
golfing through his service as Director of Pacific Northwest Golf Association, and his membership
in Washington State Golf Association and Western Golf Association. He has also established caddie
programs throughout the state.
I have also appointed Gary Tomlinson to serve as a member of the Golf Advisory Board. Mr.
Tomlinson is a retired Army Officer and is currently a high school Physical Education Teacher.
I submit this for your confirmation.
JW.jb
Kent City Council Meeting
Date May 18 , 1999
Category Consent Calendar
1 . SUBJECT: LANG PLAT - BILL OF SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, acceptance of the Bill of Sale for the Lang Plat
submitted by Tom Wells, Lang Plat L.L. C. for continuous
operation and maintenance of 1, 080 feet of watermain, 975 feet
of sanitary sewer, 897 feet of street improvement and 1, 636
feet of storm sewer and, release of bonds after the expiration
period. The project is in the vicinity of S .E. 244th Street at
101st P1 . S .E .
3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6H
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Kent City Council Meeting
Date May 18 , 1999
Category Consent Calendar
1 . SUBJECT: SYSTEM DEVELOPMENT FEE, MERIDIAN STORMWATER CAPITAL
IMPROVEMENT - AMENDED ORDINANCE
2 . 3LJM4ARY STATEMENT: Adoption of Ordinance No. 34 relating
to technical corrections to Ordinance No. 3453 which adopted
the System Development Fee and Drainage Service Fee for the
City' s storm utility service area based upon the newly
developed Meridian Stormwater Capital Improvement Program for
the Soos Creek Basin of the City' s storm utility service area.
Ordinance No. 3453 was inadvertently adopted with a technical
error referencing connection charges on a per connection basis
when those charges should have been based on equivalent service
units (ESU' s) .
3 . EXHIBITS: Ordinance
4 . RECOMM3NDED BY
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6I
DEPARTMENT OF PUBLIC WORKS
May 18, 1999
TO; Mayor& City Council
FROM Don Wickstrom
RE: Drainage Connection Fees for Soos Creek Basin
The ordinance as adopted contained several technical errors. First, in the 3`d column on
the table on page 4 the 1997 was underlined when it should have been crossed through.
Second, the brackets around the first sentence under the table should have been deleted.
Third, on page 6 it presents the connection charge as a flat fee of four hundred dollars
($400.00)per connection while it was presented to the Public Works &Planning
committee as $400.00 per ESU (equivalent service unit). Further it didn't denote the
affective date of said connection charge which is January 1, 2000. Fifth and lastly,
Exhibit "A" is wrong as it neither denoted both the Meridian Valley or the Del Mar
annexed areas on same nor should any reference to rates have been on same.
Per the connection versus ESU error further clarification is in order. An ESU equals
2500 square feet of impervious surface and is the basic unit of charge per calculating
drainage utility fees on all properties. All single family residences are considered the
same and are charged based one ESU. All other developments (commercial, multi family
& etc) are charged based on their actual calculated number of ESUs as determined by
simply dividing their total impervious surface area by 2500. In presenting the proposed
monthly service charge to the Committee, which was adopted, it was predicated on being
offset by an estimated amount of revenue generated from the connection fee charge. That
estimated revenue was calculated based on projected ESU growth in the basin. Since
the basin does contain commercial, office and multi family zoned properties a portion of
that ESU growth was anticipated to come from the development of these properties. A
flat fee per connection charge would in essence reduce the revenue projection therefrom
and force an increase in the monthly service rate to pay for the basins capital
improvement program. Further, a flat fee charge per connection burdens the single
family residence with a disproportionately share of the cost of financing the basins capital
needs. The impacts of a 1-acre site with 70% impervious coverage (30,492 square feet of
impervious coverage or 12.20 ESUs) will be significantly greater than that of a single
family residence (2500 square feet of impervious coverage or 1 ESU).
DEPARTMENT OF PUBLIC WORKS
April 2, 1999
TO: Public Works/Planning Committee
FROM: Don Wickstrom J-11P
RE: System Development Fee - Meridian Stormwater Capital Improvement
Program
There were questions raised at the most recent Public Works/Planning Committee
meeting that were not adequately answered. As such, the attached memorandum
(Soon Creek Basin System Development Fee) explains the impact of what a system
development fee would have on the proposed rate structure.
Also attached is my memorandum explaining the computer modeling effort that was
completed during the study and the cost of one of the projects. At this time I am
requesting that Committee move this item forward to the next full Council meeting.
MOTION: Recommend authorization for Council to direct the City Attorney to
prepare the necessary Ordinance adopting the Meridian StormNvater Capital
Improvement Program.
DEPARTMENT OF PUBLIC WORKS
April 1, 1999
TO: Don Wickstrom
FROM: Paul Scott/
RE : Soos Creep Basin System Development Fee
In establishing a system development fee for stormwater, I found
that of the jurisdictions in the proximity of Kent , only Auburn,
Des Moines and Renton have such a charge . The fee for Auburn and
Des Moines is $400 while Renton is $385 . It seemed reasonable for
this analysis to use $400 as the system development fee in
projecting revenue .
Using the Growth Management Plan I extrapolated a rate of straight
-line growth for households in this basin at 1 . 03% . The resulting
ESU' s, excluding streets, are as follows :
2000 2001 2002 2003 2004
9132 9225 9318 9411 9504
Using $400 as the system development charge, the extra revenue that
would be generated based upon the 1 . 03% growth in ESU' s would be
$37, 200 annually.
The revenue requirements of this basin, incorporating the
additional money generated by a system development charge, would
result in the rates as summarized below:
2000 2001 2002 2003 2004
4 . 64 6 . 82 6 . 66 6 . 50 6 . 34
Because the rates fluctuate between 2001 through 2004 , it is my
suggestion that the rates be averaged for the four-year time period
so there would only be one required rate adjustment needed in 2001 .
The modified rate structure would then be as follows :
2000 2001 2002 2003 2004
4 . 64 6 . 58 6 . 58 6 . 58 6 . 58
The comparison of the rates required to generate the needed revenue
to make the capital improvements in the basin with and without the
$400 system development fee, with the four year time period
averaged, are summarized as follows :
2000 2001 2002 2003 2004
With charge 4 . 64 6 . 58 6 . 58 6 . 58 6 . 58
Without charge 4 . 86 6 . 79 6 . 79 6 . 79 6 . 79
Difference 0 . 22 0 .21 0 . 21 0 . 21 0 .21
DEPARTMENT OF PUBLIC WORKS
March 23, 1999
TO: Public Works/Planning,Committee
FROM: Don Wickstrom
RE: Meridian Stormwater Capital Improvement Program
I am writing to address several questions that came up both before and during the Public
Works/Planning Committee meeting with regard to the presentation on the Meridian Annexation
Area Stormwater Capital Improvement Program (CIP). The questions specifically relate to the
computer modeling effort that was completed during the study and the cost of one of the
projects. The questions and answers are as follows:
1) Why was Lake Meridian not included as impervious area in the model?
This question relates to the report titled: "Meridian Annexation Area Hydrologic Analysis". The
source of the confusion may be the table at the bottom of page 8 or Tables 2 and 3 on pages 29
and 30 in the report. These tables correctly indicate that the lake is not treated as "effective
impervious area". This is a result of both the definition of "effective impervious area" and the
structure of the HSPF model used for the hydrologic analysis.
Effective impervious area is an area where there is no opportunity for surface runoff from an
impervious site to infiltrate into the soil before it reaches a conveyance system (pipe, ditch,
stream, etc.). Impervious areas and pervious areas are "land types" that have specific areas and
parameter sets that are programmed into the model. In HSPF programming language, these areas
are called "IMPLNDs" and "PERLNDs". Open channels and lakes are characterized separately
from the IMPLNDS and PERLNDS in the model. In HSPF programming language, these open
channel reaches and lakes are called "RCHRES's" and have their own parameter sets.
Hydrologic flux and balance calculations are completed for both the land types (PERLNDs and
IMPLNDs) and the open water segments (RHRES's), guaranteeing that the hydrologic cycle is
simulated in its entirety.
2) Streamflows seem to increase dramatically downstream of the outlet of Lake Meridian.
Is this a result of discharges from wetlands along the flow path?
Streamflows do increase in the downstream direction as expected, with the increases generally
explained by increases in tributary drainage areas. Wetlands may function to either move
groundwater to surface water—"discharge", or move surface water to groundwater—"recharge".
Wetlands also provide for surface and subsurface storage of water. These functions may vary
seasonally. The exact hydrologic timing and function of a specific wetland is difficult to
determine without monitoring using surface flow and crest gauges and shallow and deep
piezometers.
Streamflow in the Lake Meridian Watershed was simulated by four RBMS's (see discussion
above). Streamflows are extracted from the model at the downstream end of each RHRES.
Streamflows for a range of return periods under the current land use scenario are presented in
Table 7 of the report titled: "Meridian Annexation Area Hydrologic Analysis". Flows expected
under the future land use scenario are presented in Table 10. Data for the four Lake Meridian
RHRES's are listed at the top of the table.
The tables show that, under both current and future conditions, for the 25-year event,
streamflows increase in the downstream direction in relation to the increased tributary area. For
example, under the current conditions scenario, flow at the outlet of the lake is 11.7 cfs, increases
to 15.8 cfs at the cross culvert under 152"d (approximately 1,400 feet south of Kent Kangley
Road), and is 23.9 cfs at the confluence of the outlet channel and Big Soos Creek.
3) What alignment does the Lake Meridian Outlet Channel follow downstream of its
beginning at the Lake Meridian Park? Does it flow directly east to Big Soos Creek?
The alignment of the Lake Meridian Outlet channel was investigated using several approaches:
1) Public Works staff walked the channel on two occasions, 2) a survey crew completed a
channel survey and the resulting information was used to develop a map of the stream location
and associated channel cross sections, 3) staff from two consulting engineering firms walked
sections of the channel. As a result of these activities, the following alignment was identified:
• The outlet channel begins at the Lake Meridian Park at the Southeast corner of the Lake, and
continues through a series of culverts in the park and a culvert across 152"d Way SE
• Starting on the east side of 152"d Way SE, the channel follows a route through a forested
area. The channel continues through this area, outletting to a long swale/pond on the west
side of the Cascade Villa Mobile Home Park. From the swale/pond outlet, drainage flows
through a series of culverts on the east side of 152d Way SE, including a culvert crossing
Kent Kangley Road from the Northeast to the Southwest.
• Drainage then flows through a wetland area west of 152°d Ave SE and south of Kent Kangley
Road. A culvert conveys flow across 152"d Ave to the start of a channel on the east side of
152"d Ave. This straight channel continues along an alignment just east and parallel to 152d
Ave until the outlet at Big Soos Creek south of Highway 18.
There is no direct surface connection of the channel with Big Soos Creek other than the
confluence south of Highway 18. However, as described on page 4-8 of the report titled:
"Meridian Annexation Area Hydraulic Analysis and Capital Improvement Plan", the Public
Works Department is currently examining the feasibility of constructing a new channel to
convey flows from Lake Meridian more directly to Big Soos Creek. One potential alignment for
this new channel is shown in Figure 6 of the same report as a red line labeled "LM-2".
4) Why was the HSPF model used when it is an older model that is not very "user-
friendly"?
The HSPF model is an older model. In fact the currant release is the 11* version of the model.
It is the only model available that accurately simulates the entire hydrologic cycle over extended
periods of time. In addition, it is an EPA supported model that is very well documented. The
model has been used extensively throughout Puget Sound in development of Basin Plans that
recommend capital improvements, and resource management and land use policies. It is not
"user friendly"
5) How was the model calibrated? Why wasn't verification completed?
As described on pages 5, 11, and 12 of the report titled: "Meridian Annexation Area Hydrologic
Analysis", the model was calibrated using lake level (stage) data from Lake Meridian for the
period October 1994, 1995, and 1996. As described in the report, calibration requires selecting
appropriate parameter values that represent the physical hydrologic processes for the watershed,
testing the values by comparing the model results with recorded streamflow or stage data, and
modifying parameter values where appropriate to achieve a better match between simulated and
recorded results.
Verification is a separate step that involves comparing the output of the calibrated model with a
separate period of observed flows to "verify" that the model is accurately representing
hydrologic processes. An additional two to three years of observed data, separate from the
calibration time period, is required for verification. Therefore, collection of data for verification
would have delayed completion of the study two to three years.
Calibration results are shown in Figure 4, page 27 of the report. Simulated lake levels are
generally within 6" of recorded levels. The parameters used for the Lake Meridian Watershed
were also used for the other watersheds. The same soil types/geologic units located in adjacent
watersheds will generally exhibit the same hydrologic characteristics. Therefore, the success of
the calibration in the Lake Meridian Watershed indicates the same level of success in the
adjoining watersheds.
It should be kept in mind that no model can ever replicate the complex processes involved in the
natural hydrologic cycle. However, computer modeling, coupled with direct field observations
of flooding and a design process that includes a factor of safety to account for uncertainty, is an
important tool to be used in development of solutions for flooding.
6) What is the cost for the Lake Meridian Outlet Channel project? What is the justification
for the project?
The hydraulic modeling indicated that all of the culvert crossings south of SE 276d' Place along
the Lake Meridian Outlet Channel are undersized. In addition, the channel segment upstream of
the culvert crossing of 152d near SE 276t' Place is undersized. Because 152"d Avenue is
designated as a principle arterial, as developments occur therealong, improvement of 152"d
Avenue to City standards is being required. As such, the issues relating to the channel have to be
addressed and to burden an individual owner therewith seems inappropriate. In addition to these
issues, the existing channel is severely degraded in terms of fisheries habitat.
In response to the flooding and fisheries problems, a preliminary design and cost were developed
for a new channel to be located adjacent to 152°d Ave SE. The estimated cost for this project is
$3.7 million.
Another alternative to the north-south alignment for the new Lake Meridian Channel was
investigated. it would involve diverting some or all of the outflow from the lake to a channel
that would flow more directly to Big Soos Creek. Flow would be diverted beginning somewhere
just east of the existing lake outlet and flow in a north and east direction to connect with Big
Soos Creek. The pros and cons of this alternative are discussed in the report titled: "Meridian
Annexation Area Hydraulic Analysis and Capital Improvement Plan". The estimated cost for
this project is $2.4 million. Due to the greater uncertainty associated with regulatory approval of
this project and the need to provide conservative project estimates in the CIP, the cost for the
north-south alignment was included in the CIP.
W4699
PUBLIC WORKS DEPARTMENT
March 1, 19"
To: Public Works/Plar'4uing Committee
From: Don Wickstro blic Works Director
Re: Meridian Stormwater Capital Improvement Program
The following memo provides background on the Stormwater Capital Improvement
Program and related stormwater utility rate changes proposed for the Meridian and
Meridian Valley Annexation Areas. Additional details relating to the Program and
proposed rates will be discussed at the March 1, 1999 meeting of the Kent City Council
Public Works/Planning Committee.
Two reports provided with this memo contain supporting information. They are:
• Meridian Annexation Area Hydrologic Analysis (AQUA TERRA Consultants, 1999)
Meridian Annexation Area Hydraulic Analysis and Capital Improvement Plan (R.W.
Beck, 1999)
BACKGROUND
The 1996 Meridian and Meridian Valley Annexations added approximately 6.6 square
miles to the City of Kent. Prior to the annexations, stormwater service and stream
resource management was under the jurisdiction of King County. These areas generally
received a low level of service. Flooding and fish habitat problems were being addressed
based on a prioritization among other projects throughout the larger Soos Creek
Watershed. Several improvements were originally proposed in the Soos Creek Basin
Plan completed in 1990. That plan is now almost 10 years old.
In response to the annexations, the City initiated several studies to address stormwater
conveyance and fish habitat needs for the area. They included the following:
• A Fish Habitat and Population Survey to determine the presence or absence
of fish populations, the quantity and quality of existing fish habitat, and
identify habitat improvement needs (this study included other areas in the
city)
0 A Hydrologic Analysis to quantify the changes in stormwater runoff rates
and volumes that are expected to occur as the area develops
• A Hydraulic Anal and C"W Imprsveomt Plan to: 1) analyze and
locate flooding problems and develop solutions; 2) compile habitat
improvements identified in the fisheries study and improvements identified by
other sources (agencies, tribes, etc.), and 3) develop a prioritized list with
associated costs for flooding solutions and fish habitat improvements
The main goal of the effort was to develop a Capital Improvement Program with an
associated budget and schedule, that would address the stoanwater and fisheries habitat
needs in the area. Funding mechanisms could then be developed to meet these needs.
BASIN ORIENTATION
A study area was established for completion of the hydrologic and hydraulic analyses.
The study area included the watersheds for three drainage systems which, in turn, are
tributary to Big Soos Creek. A map showing these watersheds is attached. While the
total area of the three watersheds is 8.2 square miles, 2.5 square miles are currently
outside the City limits.
The Soosette Creek Watershed contains the most complex drainage network of the three
study watersheds, draining areas from as far north as SE 248 h St. Several-laree wetlands
and a regional detention facility are located in the watershed. The confluence of Soosette
Creek and Big Soos Creek is located beyond the City limits.
The Clark Lake /Meridian Valley Creek Watershed collects water from two tributaries —
one which originates north of the current city limits, and the other which includes Clark
Lake. The confluence of the tributaries is located in the vicinity of the SE 240'' St and
132"d Ave SE intersection. Downstream of the confluence, Meridian Valle), Creek flows
towards the southeast through the Meridian Valley Country Club to its outlet to Big Soos
Creek at SE 256 h and 148t' Ave SE.
The Lake Meridian Watershed is dominated by the lake, which covers almost half of the
watershed area. The outflow channel is the most highly degraded drainage system within
the study area. Through the majority of its length it consists of a linear ditch running
adjacent to the east side of 152"d Ave SE. The ditch conveys outflow from the lake and
local stormwater runoff to Big Soos Creek where Big Soos flows under the Kent/Black
Diamond Road.
RAPLICATIONS OF THE ENDANGERED SPECIES ACT
It is expected that the Puget Sound Chinook are going to be listed as a threatened species
this spring under the Endangered Species Act (ESA). There are also indications that
Puget Sound Coho may also be listed within the next couple of years. These listings will
have implications for City resource management and land development. State and local
response plans are currently under development.
The creeks in the annexation areas are among the most productive, in terms of fisheries,
in the Lower Green River system. As a result of this and the "fisheries-focus" of state
and local agencies in response to the ESA listings, the Capital Improvement Plan
`�- developed for the annexation area includes several fisheries-related projects. The overall
objectives of these projects are: 1) preservation of existing fisheries resources and 2)
restoration to improve habitat where there has been some impact from urbanization.
PROBLEMS AND SOLUTIONS
A total of 39 flooding and fish habitat problems were identified during the studies. Most
of the flooding problems involve culverts that are undersized. New culverts are proposed
for 18 locations.
Identified fisheries problems include fish passage barriers that need to be removed and
riparian habitat problems such as a lack of streamside vegetation and insufficient
streambed gravels for salmon spawning. Thirteen projects have been developed to
address these problems.
Details relating to all of the problems and solutions are presented in the attached
"Hydraulic Analysis and Capital Improvement Program" report. (see Tables 2 and S)
CAPITAL IMPROVEMENT PROGRAM BUDGET AND SCHEDULE
The Capital Improvement Program is presented in the attached table. A total of
$10,311,300 in improvements are proposed, including $8,413,000 (82 %) in conveyance
projects to solve flooding problems, and $1,898,300 (18 %) in fish habitat projects. The
plan is scheduled for funding over a six year time period.
The projects are presented in the table in prioritized order, based on the following
criteria:
• The magnitude and location of the flooding problem — the threat to life and property
and the flood hazard on major transportation arterials
• The need to complete projects in a sequence from downstream to upstream to avoid
exacerbation of existing problems
• Agency and Tribal input
• Grouping related projects
• Projects for which designs have been completed and/or easements have been secured
REVENUE AND RATES
Stormwater Utility fees will be the primary source of funding for implementation of the
Capital Improvement Program. A series of calculations and fiscal models were
completed to determine: 1) proposed stormwater rates and associated annual revenue, and
2) the approach for generation of revenue to fund the entire program within a 6-year time
`�' period.
Given the $10,311,300 total cost for the program and a six year funding schedule, the
following method for generation of revenue is planned:
• A 2-step stormwater utility fee increase, with the first increase from the current rate
of S2.36/month to $4.89/month implemented on January 1, 2000, and the second
increase from S4.89/month to S7.25/month implemented on January 1, 2001
• Funding would be generated on a "pay as you go" basis for the first five years.
Revenue bonds would be issued in the sixth year to cover the remainder of the capital
needs.
For comparison, current rate in the City's Mill Creek Basin is S7.25/month, and the rate
in unincorporated King County is S7.09/month. Please keep in mind that prior to this
area annexing into the City, all properties were subject to and paying the County's
stormwater rate. While by 2001, our rate will be slightly higher than the County's, the
money generated will be used to construct improvements within the basin.
This is an introduction item at this time and we will be requesting "action" at the next
Committee meeting.
Attwbmamts
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CITY OF KEN"
Public Works/Planning Committee Minut&PR 161999
April 5, 1999 ENGINE-RING DEP'
COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Tom Brotherton, Rico Yingling
STAFF PRESENT: Fred Satterstrom, Don Wickstrom, Roger Lubovich, John Hodgson, Jackie
Bicknell
PUBLIC PRESENT: Jim and Elsy Rust, Merry Hayes, John Santana, Hugh Lieper
The meeting was called to order by Chair Tim Clark at 4:08PM.
Approval of Minutes of March 15, 1999
Committee Member Tom Brotherton moved to approve the minutes of March 15, 1999. The motion
was seconded by Committee Member Rico Yingling and carried 3-0.
Systems Development Fee—Meridian Stormwater Capital Improvement Program
Public Works Director Don Wickstrom recalled that the issue of drainage rate increases in the Soos
Creek Basin Area had previously been brought before the Public Works/Planning Committee on
March 1, 1999. At that time one of the issues the Committee asked the Public Works Department to
address was the System Development Charge. Staff looked at the surrounding communities to see
what was typical. Aubum, Renton, and Des Moines all had a system development fee of about$400,
so that was used as a basis for a reasonable fee. The growth rate factor to be incorporated was
figured at 1%per year which produced a fluctuating rate. The system development charge in the year
2000 would be $4.64 per month, in 2001 it would go to $6.82, and then would decline over time to
$6.34 in the year 2004. Rather than have a continually fluctuating rate the average of the four years
was taken and a 2-step rate increase proposed. In the year 2000 the rate would be $4.64 and in the
years 2001-2004 it would be averaged at $6.58.
Tom Brotherton moved that the Public Works/Planning Committee recommend to the Council
authorization to direct the City Attorney to prepare the necessary Ordinance adopting the
Meridian Stormwater Capital Improvement Program. The motion was seconded by Rico
Yingling and carried 3-0.
Metro Sewer Interceptor Easement
Don Wickstrom told the Committee that Metro has requested that the City grant them an easement
along 80`h Place South which would allow them to continue with their South Sewer Interceptor Phase
III project. The purpose of Metro's project is to relieve the overflow problem in the valley from
heavy rainfall.
Tom Brotherton moved that the Public Works/Planning Committee recommend to the Council
authorization for the City to grant Metro an easement along 80`h Place South (Tax Lot#103)
for the purpose of metro continuing with the South Sewer Interceptor Project. The motion was
seconded by Rico Yingling and carried 3-0.
Surplus Property—SE 2741h Street
Don Wickstrom said that as part of the 2771h Corridor project, two separate parcels were purchased
by the Public Works Department in the comer of 114`h and 274`h streets. The Public Works
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, implementing technical amendments
to Ordinance 3453, which changed the basin-specific rate
and connection fee charged by the City storm and surface
water utility within the Soos Creek Watershed, and which
amended Sections 7.05.090 and 7.05.160 of the Kent City
Code.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
b
SECTION 1. Section 7.05.090 of the Kent City Code is hereby amended
as follows:
Sec. 7.05.0". System of charges.
A. There is hereby imposed a system of charges on each parcel of real property
within the city served by or to which is available for service the storm and surface water
utility established by this chapter. The charges are found to be reasonable and necessary
to fund administration, planning, design, construction, operation, maintenance, repair.
improvement, and replacement of all existing and future storm and surface water
facilities, including the accumulation of reserves and the retirement of any associated
debt.
B. The following charges are hereby established for all parcels of real property in the
city:
1. Residential parcels. Effective January 1, 1998. the single-family
residential rate shall be two dollars and forty-four cents ($2.44)per month for each parcel
1 Soos Creek Watershed Stormwater
Charges— Technical Corrections
having one(1)residential dwelling plus the basin specific charge of subsection B.4 below.
2. Agricultural and undeveloped parcels: Agricultural parcels shall be
charged the monthly residential parcel rate. Undeveloped parcels shall not be charged.
3. Other parcels:
a. The charge for all other parcels except residential parcels,
agricultural parcels and undeveloped parcels shall be based upon:
(1) The total amount of impervious surface as expressed in
equivalent service units (an equivalent service unit has been determined to be two
thousand five hundred(2,500) square feet of impervious surface or any fraction thereof);
and
(2) The percentage of impervious surface area on each parcel.
b. The charge for all such parcels shall be computed:
(1) By multiplying the total number of ESU's on each by the
appropriate parcel impervious multiplier; and
(2) Multiplying the results by the sum of the single-family
residential rate and the appropriate basin-specific charge.
C. Impervious multipliers are hereby established:
(1) Percentage of impervious area per parcel Impervious multiplier
(impervious surface/total surface x 100)
1 to 40 1
41 to 60 1.2
I
61 to 80 1.4
i
I
81 to 100 1.6
(2) Impervious multipliers correlate the hydraulic impact of a
parcel to its percentage of impervious surface per parcel. The multiplier for the average
2 Soos Creek Watershed Stormwater ..
Charges— Technical Corrections
single-family residence is established as one(1). The multiplier linearly increases as the
�..- percentage of impervious area increases. The final category has a multiplier of one and
six-tenths (1.6)which reflects the hydraulic impact on the drainage system compared to
that impact of the average single-family residence.
4. Basin-specific charges: The city shall have all lawful powers and
authorities to fix, alter,regulate and control charges within specific basins and subbasins.
The purpose of the power and authority granted in this section is to provide for charging
parcels of one (1) basin or subbasin for improvements, studies or extraordinary
maintenance which specifically and solely benefit the property owners thereof. The basin-
specific charges are as follows:
Charge in dollars per ESU per month
Basin Effective date Effective date Effective date
January 1, 1998 January 1, 449; January 1,2001
,. 2000
�.,. Westside
O 0.09 0.09 0.09
K, L, M, D, E, 0.13 0.13 0.13
F, P &N
Eastside
Mill Creek
Upper(G) 4.07 4.07 4.07
Lower (A) 4.81 4.81 4.81
Garrison Creek
Lower (B) 2.02 2.02 2.02
Upper(J & I) 1.85 1.85 1.85
Direct (C) 2.12 2.12 2.12
3 Soos Creek Watershed Stormwater
Charges— Technical Corrections
Soos Creek(H) 0.09 2.20 4.14
JThe boundaries of the described basins are generally indicated on Attachment A to
Ordinance No. .}The boundaries of the basins and subbasins are generally defined
and on file in the city clerk's office. The detailed definitions thereof are reflected on maps
filed in the engineering division of the public works department, which are available to
the public for review and/or copying during normal business hours.
5. Water quality charges:
a. The city hereby authorizes and declares its intent to establish,
within two (2) years of the adoption of this chapter, a water quality charge which may be
added to any or all of the above rates. The purposes of such a charge will be to finance
monitoring, testing, treatment and control of pollutant discharges into the storm and
surface water system, including the exercise of all lawful enforcement powers of the city.
A plan for developing such charges, and a schedule and budget for this project shall be
submitted to the city council for review and approval within ninety (90) days of adoption .�
of this chapter. A system of water pollution charges for storm and surface water run-off
from all parcels of real property in the city shall be developed within two (2)years.
b. Such charges should be based upon appropriate indices of pollutant
discharges which approximate each parcel's contribution to the problem of water quality
within storm and surface water facilities including all receiving waters.
6. Undeveloped parcels shall be subject to all charges established under this
section upon development of a parcel. Development shall be determined by the date of
issuance of a building permit or an other permit for development purposes or as
� g P Y P P
otherwise established by the director of public works.
I
I
4 Soos Creek Watershed Stormwater
Charges— Technical Corrections
SECTION Section 7.05.160 of the Kent City Code is hereby amended
as follows:
Sec. 7.05.160. Connection fees. Connection fees shall be assessed against an
owner of real property at the time of issuance of a development permit for any on-site
storm or surface water drainage structure or facilities which attach or connect to. or
otherwise drain into the system of drainage facilities as defined in section 7.05.050 or
where any additional surface or storm water run-off is generated and delivered or
transported through either natural or person-made watercourses to the utility's system of
storm and surface water facilities. The connection fees shall be as follows:
Basin Connection charge in dollars per
month per acre
G 12.50
I 11.25
A 13.75
B 12.50
C & A 1.25
All others (except Basin H) 0.0
As of January 1, 2000, F-e+for Basin H only (the Soos Creek Watershed, generally), the
charge per connection will be a flat fee of Four Hundred dollars ($400.00) per ESU
s�es�ie�.
The basins are as defined under section 7.05.090 B.4. The charge is calculated by the
number of months from the date of adoption of this chapter to the date of issuance of the
development permit, and the acre represents the area of the property being developed. All
connection fees collected by the storm and surface water utility shall be placed in a
separate revenue account for the storm and surface water utility.
5 Soos Creek Watershed Stormwater
i
Charges— Technical Corrections
SECTION3. -Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall
remain in full force and effect.
SECTION 4. -Effective Date. This Ordinance shall take effect and be in
force thirty (30) days from and after its passage,approval, and publication as provided by
law.
JIM 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-%Civil%Ord i nence\StotmDmin-Amend.doc
6 Soos Creek Watershed Stormwater .
Charges— Technical Corrections
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Kent City Council Meeting
, f Date May 18 , 1999
Category Other Business
1 . SUBJECT: 2000 CDBG PASS-THROUGH FUNDS - APPROVAL
2 . SUMMARY STATEMENT: This item was approved by the Public
Works/Planning Committee on May 3 , 1999 . The City Council is
being asked to approve four (4) recommended action items :
1) Accept the year 2000 Pass through funds; 2) Allocate the
City' s maximum available year 2000 CDBG funds for Public
(human) Services ($85, 597) ; 3) Allocate the City' s maximum
available year 2000 funds for Planning and Administration
($75, 139) ; and 4) Authorize the Mayor to sign the County form
indicating the City' s desire for distribution of year 2000
funds .
3 . EXHIBITS: Memo and county form
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 U44 moves Councilmember seconds
to approve the Public Works/Planning Committee ' s recommenda-
tions for Year 2000 Community Development Block Grant (CDBG)
Funding Levels, as follows : 1) Accept the year 2000 Pass
through funds; 2) Allocate the City' s maximum available year
2000 CDBG funds for Public (human) Services ($85, 597) ;
3) Allocate the City' s maximum available of year 2000 funds
for Planning and Administration ($75, 139) ; and 4) Authorize
the Mayor to sign the County form indicating the City' s desire
for distribution of year 2000 funds .
DISCUSSION: �~
ACTION:
Council Agenda
Item No. 7A
CITY OF24iZ;V Z:.
�r
Jim White, Mayor
llr"t►IC'rA
Planning Department (253) 856-5454/Fax (253) 856-6454
James P. Harris, Planning Director
CITY OF KENT
PLANNING DEPARTMENT
(253) 856-5454
MEMORANDUM
MAY 182 1999
MEMO TO: MAYOR WHITE AND CITY COUNCIL MEMBERS
FROM: CAROLYN SUNDVALL, HUMAN SERVICES PLANNER
SUBJECT: YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDING LEVELS
City Target#4 Community Involvement
BACKGROUND
Recently the City received from King County its estimates of Community Development Block
Grant Pass through funds for year 2000. The estimate of$528,223 is approximately $131,133
less that the City received for the 1999 program. The estimate at this time is based on the U.S.
Department of Housing and Urban Developments (HUD) proposed year 2000 budget. The
estimated amount may increase or decrease due to changes in the entitlement, program income
and recaptured funds.
The City Council needs to take three actions:
1. Receipt of funds
The City of Kent needs to inform the County whether it elects to receive and administer the Pass
through funds again next year. To date the City has not been notified by HUD of our eligibility
to become an Entitlement City. Therefore by accepting the Pass through the City will be assured
of continued HUD funding. The Planning Department recommends that the City accept the Pass
through funds to: 1) Maximize local discretion in allocating the funds 2) Guarantee a minimum
funding level, 3) Eliminate competition with other King County and small cities projects. If the
City does not elect to take the Pass through funds, Kent is not guaranteed any CDBG funds, and
would have to compete for all funds.
Year 2000 Community Development Block Grant (CDBG) Funding Levels
May 18, 1999
Page 2
2. Public (Human)Services Funding
If the City chooses to accept Pass through funds, it can reserve the maximum of its fair share of
public service dollars. If the City does not reserve the right to use this amount of funding for
human services, another city can request the use of any unreserved ceilings. In order to retain
the maximum of flexibility in the use of its CDBG funds, and to continue in its present support
for human services, the Planning Department recommends that the City of Kent notify the
County that it wishes to reserve the maximum dollars for human services. The estimated year
2000 Community Development Block Grant funding amount for human services is $85,597.
3. Planning and Administration Funds
As with human services, the City has a maximum of its CDBG funds that can be spent for
Planning & Administration. In 1999 the City reserved the maximum amount available. The
Planning Department recommends allocating the maximum amount available in year 2000 to
continue to fund salaries and other activities associated with the administration of the program.
The maximum amount of year 2000 CDBG funds estimated to be available for Planning and
Administration is $75,139.
The remaining funds, approximated at $367,487 would be used for capital projects. The City
traditionally funds the Kent Home Repair Program out of this category and also any additional
capital project requests that Council Approves.
On May 3, 1999 the Public Works and Planning Committee approved these three recommended
actions:
RECOMMENDED ACTION
1. Approval to accept the year 2000 Pass through funds.
2. Allocate the City's maximum available of year 2000 CDBG funds for Public (human)
Services ($85,597)
3. Allocate the City's maximum available of year 2000 funds for Planning and
Administration($75,139)
4. Authorize the Mayor to sign the County form indicating the City's desire for distribution
of year 2000 funds.
CS:pm P:Wuman Services lCAROLY1VIMayorldoc
cc: James P.Harris,Planning Director
Katherin Johnson,Human Services Manager
THE CITY OF QUALIFIES FOR AN ESTIMATED IN 2000
KING COUNTY CONSORTIUM COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) FUNDS.
WHICH WILL BE AVAILABLE JANUARY 1, 2000.
Please check one:
Our City does not elect to receive and administer the above estimated pass-through. We choose
instead to apply for CDBG funding on a project by project basis through the County and Small
Cities process.
Our City elects to receive and administer the above estimated pass-through with the.conditions
outlined in the 1998 King County Community Development Block Grant Consortium Guide.
Among other responsibilities, we recognize that in accepting a pass-through we are accepting
the responsibility of identifying priority needs and allocating the pass-through funds in
accordance with the Consortium's schedule for submission to the U.S. Department of Housing
and Urban Development.
Cities which accept the pass-through should check the following if applicable:
Our City would like to allocate a portion of our funds for.public (human) service activities.
Our City would like to allocate a portion of our funds for planning and administration activities.
Our City is eligible to request the use of additional planning and administration ceiling. We
would like to request additional funds for the following:
Our City would like to contribute a portion of our capital funds to the King County Housing
Repair Program so that our residents may participate. We understand that 15%of the total
amount allocated will be used for program delivery costs.
The following lists our distribution of CDBG funds for 2000: (List amounts below).
Public I Planning and I Additional Housing Capital Total Funds
Services Administration P&A Requested I Repair Projects Available
$ ' $ $ i $ $ $
i
I
Signature of Mayor or Authorized Person Date
Please attach a copy of the City Council's authorization of the above and return to HCD by June 1, 1999.
I�
�..r DEPARTMENT OF PUBLIC WORKS
May 1.8, 1999
TO: Mayor & Council
FROM: Don Wickstrom
RE: S 277"' St Corridor (Auburn Way N. to Kent. Kangley Rd)
Bid opening for this project. was held on May I I" with 7 bids received. The apparent
low bid was submitted by M. A. Segale, Inc. in the amount of $4,436,286.07. The
Engineer's estimate was $5,593,895.04. The Public Works Director recommends
that upon his concurrence, the Mayor be authorized to award this contract to the
most satisfactory responsible bidder.
Bid Summary
M. A. Segale 4,436,286.07
Scarsella Bros. Inc. 4,448,622.61
Robinson Construction 4,729,056.00
Northwest Construction 4,900,497.87
Gary Merlino Construction 5,065,795.30
Goodfellow Brothers 5,466,109.94
Thomco Construction 5,530,256.45
Engineer's Estimate 5,593,895.04
MOTION:
Councilmember_6&tkmoves Councilmember /. V seconds that upon the
Public Works Director's concurrence, the S. 277"' Street Corridor (Auburn Way N.
to Kent Kangley Road) the Mayor be authorized to award this contract to the most
satisfactory responsible bidder.
r..+' MP5799
Kent City Council Meeting
Date May 18 , 1999
Category Bids
1 . SUBJECT: S . 277TH STREET CORRIDOR (AUBURN WAY N. - KENT/
KANGLEY RD. )
2 . Y A /ndation
ing for this project was
held on May llth. • Dutraints, the bid information
is not inclu ed in thets . The Public Works
Director will make a at the May 18th Council
meeting.
3 . EXHIBITS• None
4 . RECOMMM DED BY: Public orks Director
(Committee, Staff, Ex miner, Commission, etc . )
5 . UNBUDGET F P R O IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $ \
SOURCE OF FUNDS: S . 277th St. Corridor Project Fund
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
that the S . 277th St . Corrid r (Auburn Way N. - Kent/Kangley
Road) contract be awarded t
DISCUSSION:
ACTION:
Council Agenda
Item No. 8A
.
Kent City Council Meeting
.taw Date May 18 , 1999
Category Bids
1 . SUBJECT: KENT MEMORIAL PARK BUILDING RENOVATION
2 . SUNMMY STATEMENT: The Kent Memorial Park building is in
excess of 30 years and does not meet ADA standards . This
project was bid to bring it up to ADA standards, plus ten
alternates . Staff is recommending the base bid and alternates
2, 6, and 7, be awarded to C.E. Skinner Construction in the
amount of $158, 232 . 00, plus Washington State Sales tax.
3 . EXHIBITS: Bid tabulation
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc . )
5 . - UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $158 , 232 . 00 plus WSST
SOURCE OF FUNDS: Capital Improvement Budget
7 . CITY COUNCIL ACTION:
Councilmember_ WVI� moves, Councilmember seconds
to enter into an agreement with C.E. Skinner Construction to
make necessary ADA improvements to the Kent Memorial Park
building in the amount of $158, 232 . 00, plus WSST.
DISCUSSION:
ACTION: _P1 C
Council Agenda
Item No. 8B
MAY. —11' 991TUEI 15:31 CITY OF KENT FACILfTIES TEL: 253 520 4238 P. 001
a
Kent Memorial Park Building Renovation
Bid Opening: 2:00 PM Tuesday May 11, 1999 City of Kent Council Chambers
C.E. Skinner Inc. Lincoln Construction
Bid Guarantee /
Base Bid
Alternate No. 1: Entry Vestibule ?-1 9 r,r—
Alternate No. 2: Lighting Improvements 9 8.s'8
Alternate No. 3: HVAC Improvements 9 i97
Alternate No. 4: Outside Electrical Outlets o7.s'
Alternate No. 5: Gas Insert Fireplace &ao
Alternate No. 6: Sound Panels z 76 o
Alternate No. 7: Wood Wainscott Z g4y9
Alternate No. 8: Exterior Painting ,gam,
Alternate No. 9: Window Eyebrows 6.4Z
Alternate No. 10: Clean Interior Stone Work .fig•¢
Addendum 1
Addendum 2 /
Recorder's Signature.
Reader's Signature 06-17Q�
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT dC/W �
B. OPERATIONS COMMITTEE
C. PUBLIC SAFETY COMMITTEE
rn Z s
5- dZ7
D. PUBLIC WORKS/PLANNING COMMITTEE
E. PARKS COMMITTEE
F. ADMINISTRATIVE REPORTS
OPERATIONS COMMITTEE
April 20, 1999
COMMITTEE MEMBERS PRESENT: Leona Orr, Chair(filling in for Judy Woods), Tim Clark,
Sandy Amodt
STAFF PRESENT: Lori Flemm, Joe Lorenz, John Hodgson, May Miller, Brent McFall, Dena
Laurent, Roger Lubovich, Jim White, Jackie Bicknell, Mike Pulliam
PUBLIC PRESENT: Robin Rausch
The meeting was called to order by Chair Leona Orr at 3:30PM.
Aaoroval of Minutes of April 15. 1999
Committee Member Tim Clark moved to approve the minutes of April 6, 1999. The motion
was seconded by Committee Member Sandy Amodt and carried 3-0.
Approval of Combined Check-Detail Vouchers Dated 4/1 /�99
Finance Director May Miller presented the vouchers dated 4/15/99. Brent McFall answered a
question from Sandy Amodt about City cooperation with an ongoing FBI investigation concerning
computer hackers. Tim Clark made the motion to approve the vouchers,which was seconded by
Sandy Amodt and carried 3-0.
Agreement w/Triuity Church for Parking Lot DeveloRment& Joint-Use at West Fenwick Park
Lori Flemm, Parks Planning/Development Supervisor, told the Committee that Trinity Church had
approached the Parks Department saying that they needed 30 more parking spaces and requesting that
they be allowed to construct partially on the West Fenwick Park property. The encroachment into the
park would be 11 feet. In exchange, the church offered joint use for parking except on Sundays and
during evening hours after 6:30PM. The church would pay for all costs.
Sandy Amodt moved that the Operations Committee recommend to the Council to enter into
an agreement with Trinity Reform Church allowing development of additional parking spaces
on city property at West Fenwick Park in exchange for joint use of the parking lot, subject to
approval of plans and acceptance by the City Attorney. The motion was seconded by Tim
Clark and carried 3-0.
Fireworks Display Funding Request
Parks Director John Hodgson gave a brief background on the City's scheduled 4 h of July event at
Lake Meridian which was created when the Balloon Classic was eliminated. The Lake Meridian
Homeowners Association has provided a fireworks display over the lake on the 4`h for many years as
part of their annual festival. The Homeowners Association and the City is seeking to enlarge the
fireworks display, and the Homeowners Association is requesting the City provide matching funds.
Mr. Hodgson introduced Robin Rausch, 26430 136`h Ave. SE, President of the Lake Meridian
Community Association,who said that the LMCA has funded a fireworks display on the Fourth
through membership and local area business donations. The Association usually generates between
four and five thousand dollars and is asking for matching funds from the City plus an additional 20%.
If more than$10,000 of fireworks are ordered, the pyrotechnic company will co-ordinate their
display with special music broadcast on the Green River Community College's FM radio station in a
Operations Committee,4/20/99 2
synchronization of music with fireworks. A raft would be built to create a floating display a safe
distance from the houses located on the lake.
Tim Clark moved that the Operations Committee recommend to the Council to provide
matching funds up to $6,000 for the fireworks display at the lake meridian Fourth of July
"Splash" Festival. The motion was seconded by Sandy Amodt and carried 3-0.
Downtown Planterbox Replacement
John Hodgson told the Committee that a number of the wooden half-whiskey barrel planter boxes in
the downtown area are in need of immediate replacement. There was discussion with the Downtown
Partnership and service clubs to come up with a plan for replacement, and it was agreed that planter
boxes, garbage cans, and city benches would be replaced in a consistent color and design. Funding is
already available in the budget for downtown improvement through the Gateways program. Mr.
Hodgson handed out a sales brochure supplement for Fairweather Site Furnishings & Accessories
which pictured examples of product available. The proposal is for a 3-5 year replacement plan
beginning immediately on those pieces in disrepair. Parks is requesting $18,000 to replace 30
planters and 10 garbage cans by this spring.
Tim Clark moved that the Operations Committee recommend to the Council to allocate
$18,000 for the Phase I replacement of planter boxes and garbage cans in downtown Kent. The
motion was seconded by Sandy Amodt and carried 3-0.
King County Basic Life Support Services Contract Amendment for the Year of 1999
Fire Chief Norm Angelo said that the City has signed a contract with King County Emergency
Medical Services since 1981 to receive EMS funding. In 1998 an EMS levy was passed for a three
year period beginning in 1999. The contract is amended annually for population to adjust the
payment amount the City of Kent will receive. The amendment changes the amount from$330,912
in 1998 to $682,787 in 1999.
Sandy Amodt moved that the Operations Committee recommend to the Council to authorize
the Mayor to sign the contract amendment with King County EMS. The motion was seconded
by Tim Clark and carried 3-0.
Civil Attornev Position
Operations Director Brent McFall said that the City Attorney's Office has been managing an
extraordinary number of Public Works contracts because of tremendous growth in engineering and
the legal side of issues, and an additional Assistant City Attorney position is needed to meet the
demands. The funds for the position would come from Public Works projects. The cost for the
balance of 1999 would be $48,000 of which$12,000 is a one-time expense.
Tim Clark moved that the Operations Committee recommend to the Council authorization of
an additional Assistant City Attorney(civil) position in the City Attorney's Office, and that the
1999 Budget be amended in the amount of$48,000 for salary, benefits, equipment, and office
renovations to be funded by transfers from Public Works projects. Sandy Amodt seconded the
motion and it carried 3-0.
Bid Award for Remote Access Purchase and ImpleMentation
Network Manager Joe Lorenz explained that the Remote Access purchase will provide technology to
enable staff to access City networked resources from remote locations such as e-mail access to City
y ri
Operations Committee,4/20/99 3
Council, mobile users, and smaller City facilities. City staff worked with consultants from the Moss
Bay Group in the development of the Request for Quote. Two responses were received and Network
`—' Control was determined to be the lowest bidder with the amount of$68,935.20. This system will
provide protection for the City from unauthorized access.
Tim Clark moved that the Operations Committee recommend to the Council to authorize the
Mayor to sign a Remote Access Purchase and Implementation agreement with Network
Control Incorporated in the amount of$68,935.20, subject to City Attorney approval. The
motion was seconded by Sandy Amodt and carried 3-0.
The meeting was adjourned at 4:08PM.
Jackie Bicknell
City Council Secretary
4
PUBLIC SAFETY COMMITTEE
April 13, 1999
COMMITTEE MEMBERS PRESENT: Chair Connie Epperly, Sandy Amodt, Tom Brotherton
STAFF PRESENT: Ed Crawford, Roger Lubovich, Pat Fitzpatrick, Jackie Bicknell
PUBLIC PRESENT: Merry Hayes, John Santana,Darrell Duffy, Wayne Wagner, Doreen Foucheaux,
Chris Giannoulas
The meeting was called to order by Chair Connie Epperly at 5:03PM.
Approval of Minutes
Committee Member Tom Brotherton moved to approve the minutes of January 26, 1999. The motion
was seconded by Committee Member Sandy Amodt and carried 3-0.
Laser Beam—Ordinance
Assistant City Attorney Pat Fitzpatrick reported that incidents of laser beam related injuries have
risen recently and there is currently no law that prohibits the improper use of laser beams. Laser
beams were originally developed for use as pointers with presentations and may be purchased by the
public. Improper use has ranged from shining the beam into windows of buildings and cars, to
darkened areas such as movie theaters. Retinal damage to the eye may occur, and directing the beam
to a police officer or other armed person could create a significant risk as it could be mistaken for an
armed weapon. The Ordinance makes it a criminal offense to aim a laser beam at another person
without their permission.
Tom Brotherton moved that the Public Safety Committee recommend to the Council passage of
the Ordinance making it unlawful to improperly point or aim a laser beam at another person
without consent. The motion was seconded by Sandy Amodt and carried 3-0.
Criminal Code—Ordinance
Pat Fitzpatrick said that recent trends in criminal behavior has necessitated the creation of a new
ordinance in the City's Criminal Code. Areas of change include making it a crime to destroy, steal,
abandon, or misuse electronic home detention devices; makes prosecution available in the event of
escape and redefines jurisdiction of custody; creates a new section relating to the neglect of a child or
dependent person; making it a crime to make or have prowl or theft tools for vehicles as well as
houses; making it unlawful to possess drug paraphernalia(excludes those tools used for medical use);
creating a new section making it unlawful to possess firearms or dangerous weapons at the Kent
Commons, excluding concealed weapons permits and vendors selling weapons at gun shows;
repealing two sections relating to firearms having to do with overlapping, repetitive codes; and
cleaning up the domestic violence definition by changing misspelling in the ordinance and some
names and/or numbers of the RCW codes.
Tom Brotherton said there should be protection for innocent purchasers at Kent Commons gun shows
from being cited for possession of weapons. Sandy Amodt suggested language in the ordinance
omitting purchases from gun shows or other City organized events.
�,. Ms. Amodt asked for an explanation on City and State laws regarding carrying concealed weapons.
Mr. Fitzpatrick said that the State of Washington has preempted the whole area of firearms. Cities
cannot pass ordinances unless they are specifically allowed to do so by the State. A person carrying a
concealed weapon must have a permit to do so. If a weapon is left in a vehicle, the vehicle must be
Public Safety Committee,4/13,99 2
locked and the weapon must be out of sight. No one can carry a concealed weapon under any
circumstance without a permit.
Sandy Amodt moved that the Public Safety Committee recommend to the Council passage of
the Ordinance creating new sections relating to home detention devices, neglect of children or
dependent persons,vehicle prowl tools, drug paraphernalia, and possession of certain weapons
at the Kent Commons; amending sections relating to escape and domestic violence; and
repealing two sections relating to firearms; with as ameaded in this discussion relating to
weapons at gun shows. The motion was seconded by Tom Brotherton and carried 3-0.
Social Card Game Prohibition and Gambling Tax Increase—Ordinance
City Attorney Roger Lubovich passed out to Committee Members a revision covering minor changes
to the draft ordinance included in the agenda packet. He said the ordinance does four things: it
prohibits social card games, amortizes existing uses for three years, opposes extended hours between
2:OOAM and 6:OOAM for operation, and proposes a tax increase from 10%to 20% on the social card
game activities. In the State of Washington there are a number of different types of gambling
activities including amusement games, bingo, raffles,punch cards,pull tabs, card rooms, and social
card games. This ordinance deals specifically with the social card room activity conducted as a
stimulant for food and drink establishments.
Prior to 1996, card room activities were limited to five tables and were not house-bankrolled
activities. Since 1996, the laws have changed allowing for more enhanced gambling activity in
what's referred to as mini-casinos. The law changes allowed for up to 15 tables, and for house-
banked operations with dealers. The state law does not allow cities to regulate the activity, but they --'
can prohibit any or all of the gambling activities, but cannot modify the terms of the license or
regulate in any way. Some cities have done various things responding to the increase of mini-casino
activities. Some have banned the activity outright or changed tax rates on the activity itself, and the
City of Renton has zoned the activities to certain zones which the Gambling Commission has taken
issue with, saying that has been preempted by state regulations and therefore cities cannot zone the
activities. Other cities have banned all gambling activities.
This ordinance prohibits the social card game activity outright. It amortizes the existing uses until
2002. Licenses are issued for one year by the Gambling Commission, so any license in effect on
January 1, 2002 could operate until the expiration date of that license. In Kent there is only one
facility operating in such capacity and that one would have to cease operation as a social card game
activity during that time frame.
Under the Liquor Control Board, entertainment can be prohibited between the hours of 2:OOAM and
6:OOAM. The question has been whether or not gambling activities are defined as entertainment
under the Liquor Control Board. Their last position is that gambling is not entertainment. The
current ordinance says entertainment for establishments handling liquor licenses under the Liquor
Control Board is not allowed between the hours of 2:00 and 6:OOAM. This proposed ordinance
references the Liquor Control Board regulations and defines the social card activities as
entertainment. The Washington Administrative Code allows extended hours if approved by a local
law enforcement agency. This ordinance takes the position that the City does not approve or concur
with the extended hours and therefore takes exception with any extended hours whether under the
liquor license or under the Gambling Commission license.
Public Safety Committee,4/13,99 3
This ordinance raises the tax on social card game activities from the City's current tax of 10% to
20% of the gross receipts received from the operation. 20% is the maximum that can be charged.
The tax is done in quarterly assessments and July 1, 1999 would be an effective date of any tax
change for collection purposes. Also the ordinance makes reference to the moratorium in place that
when the ordinance is adopted, the moratorium would expire.
Tom Brotherton asked if the purpose of the amortization was to permit the existing operations to
amortize and re-coop their investment over the time period. Mr. Lubovich said there was a question
with the Gambling Commission's position of whether or not the City can amortize uses, but felt the
City of Kent has all the authority to properly zone and amortize the facilities. The purpose for
amortization would be to re-coop any investments that were put into the facility. Under zoning laws
when a use is removed from an existing zone, it is amortized to compensate for that investment and to
allow the facility to restructure for another use and to get some of the cost back. It seemed
appropriate in this ordinance to allow an existing use to have three years time,but it could be more or
less. Knowing the amount of investment put into the one existing facility in Kent might be important
before taking any action on that.
Sandy Amodt asked for a history on the problems other jurisdictions have had since these types of
facilities have come in. Mr. Lubovich said studies had been placed in the Council Office showing
what some other jurisdictions have done. Some studies have talked about increased crime rates and
response times for casino type card room facilities. There are no local studies that have a complete
enough analysis to determine the real impacts. Some jurisdictions say they are a problem and some
say they are not.
Darrell Duffy, owner of Ruby's Casino, spoke before the Committee saying that at the February 2°d
Council meeting a six month moratorium was established with the purpose of doing a study for card
room activities. He said this proposed ordinance makes it appear as if there have been findings from
a completed study and questioned why a six month study should not be done as to affect all people
involved and presented so everybody can go over the facts and findings. Mr. Duffy took exception to
Section 5.13.010, C of the proposed ordinance that states "Allowing enhanced gambling facilities in
the City that is concerned about its image and trying to attract residents, businesses, investors to the
City, as well as the City's investments in major capital program projects into the city to attract these
residences and businesses, is not in the city's best interest." He questioned what findings presumed
that information.
Roger Lubovich said the purpose of the ordinance was to deal with the issue of gambling facilities,
and the City does not have to have any findings to adopt the ordinance. The findings are for the
Council's consideration, and were received by a preliminary telephone survey, the Internet, and
municipal research studies.
Mr. Duffy said he would like a chance to provide his own studies based upon the adjoining cities of
Auburn, Tukwila, and Renton, and chided the Committee that they have a fiduciary responsibility to
find out if the findings are actual facts. He said it would be inappropriate for the Council to make
their judgments based upon findings that may not be factual but may be personal opinions and
speculations. Chair Connie Epperly reminded Mr. Duffy that the Committee and Council do make
decisions based upon their own personal opinions as well as findings and facts.
Mr. Duffy said that the issue of the amortization time frame of three years presents problems to his
business as they have a 15 year lease and have spent close to $1,000,000 to address the issues of
Public Safety Committee,4/13,99 4
safety and law enforcement. His business is governed by the Gambling Commission and is highly
regulated with on-site 20-hour security each day along with on-site surveillance for all patrons. He
questioned why social card games were specifically targeted and asked if there was a difference
between the lottery,pull tabs,Keno games, scratch tickets, organized poker, and blackjack games.
He said three years is an unreasonable time frame to try and recap the investment he's put into the
business. Ms. Epperly commented that if Mr. Duffy could prove that he is stuck with a 15-year lease
and has invested$1,000,000 into the business, then there would be consideration given to that.
Mr. Duffy invited the Committee to see what Ruby's Casino has to offer. He said it is a very
professionally run business, is very safe, and offers a full service restaurant. However, the overhead
required to continue, based upon limited hours plus a 20% tax, could stretch the amortization period
out for 30 years before there would be a capitalization on profit.
Tom Brotherton said he was not in favor of taking action at this point and suggested that Mr.Duffy
come up with his own objective studies which would indicate that there are no harmful affects to the
City. Mr. Brotherton added that the Council will be setting policy based on the best interests of the
City, not to ensure profitability for Ruby's Casino, but also they would like to not hurt the business
either. The position taken by administration is more aimed at the interests of the City and building it
into the hometown image of the Council's vision statements.
Mr. Duffy asked to have some time to present his findings to the Committee. After discussion, it was
agreed to bring the matter back to the May 25, 1999 Public Safety Committee. Sandy Amodt said
she would like an opportunity to review the study before the next meeting and asked to receive the
information by May 20t'. -
The meeting was adjourned at 6:02PM.
Jackie Bicknell
City Council Secretary
PUBLIC WORKS/PLANNING COMMITTEE
April 19, 1999
COMMITTEE MEMBERS PRESENT: Chair Tim Clark,Rico Yingling, Sandy Amodt (substituting
for Tom Brotherton)
STAFF PRESENT: Fred Satterstrom, Don Wickstrom, Tom Brubaker, Jackie Bicknell
PUBLIC PRESENT: Merry Hayes, Hugh Lieper
The meeting was called to order by Chair Tim Clark at 4:07PM. There was one added item to the
agenda: Neighborhood Traffic —Resolution.
Approval of Minutes of April 15. 1999
Committee Member Rico Yingling moved to approve the minutes of April 15, 1999. The
motion was seconded by Committee Member Sandy Amodt and carried 3-0.
Street Vacation— 125`h Place SE
Public Works Director Don Wickstrom told the Committee that a petition had been received to vacate
a portion of 125`h Place SE. A public hearing must be held according to State law.
Sandy Amodt moved that the Public Works/Planning Committee recommend to the Council
adoption of a Resolution setting a hearing date for the 125`h Place Southeast Street Vacation.
The motion was seconded by Rico Yingling and carried 3-0.
Surplus Vehicles/Equipment—Authorization
Don Wickstrom said certain equipment and vehicles are no longer needed by the City. The request is
to have this equipment declared as surplus and sold at the next public auction.
Rico Yingling moved that the Public Works/Planning Committee recommend to the Council
authorization to declare this equipment as surplus and authorize the sale thereof at the next
public auction. The motion was seconded by Sandy Amodt and carried 3-0.
Garrison Creek Reservoir Seismic Upgrade—Accept as Complete
Don Wickstrom told the Committee that there were cost overruns on the Garrison Creek Reservoir
Seismic Upgrade due to additional expenditures for more anchors than was originally bid and to
recess those anchors in concrete. There is the potential for injury in the event of an earthquake
without the extra precautions. Also leaks were found in the walls of the tank which needed to be
sealed. Funds exist within the project budget to cover the overage.
Sandy Amodt moved that the Public Works/Planning Committee recommend to the Council
accepting as complete the Garrison Creek Reservoir Seismic Upgrade contract. The motion
was seconded by Rico Yingling and carried 3-0.
Condominium ZoninL
Planning Manager Fred Satterstrom reminded the Committee of the verbal recommendations made
by staff at the last Committee meeting suggesting regulatory mechanisms that might encourage
homeownership and condominium type developments as opposed to strictly rental multifamily type
developments. The recommendation is two-fold. The first is aimed at establishing a special zoning
district called a"Townhouse Zoning District". An applicant or property owner could apply for
Townhouse Zoning on a specific piece of property. There would be an anticipated density range of
Public Works/Planning Committee,4/19/99 2
10-14 units per acre. A two-story limit would be placed on building heights, and units could not be
stacked one on top of the other but would have to be placed side by side. A requirement of one unit
per lot would dictate subdivision which would interpret into townhouse or condominium style
development. Where land is not shown on the comprehensive plan to be a multi-family area, a
comprehensive plan amendment would have to be applied for rezoning to Townhouse Zoning.
The second part of the proposal deals with amending the existing Planned Unit Development
ordinance. The present PUD ordinance permits planned unit developments in single family zones but
only on sites of 100 acres or more. The suggestion is that the minimum site be reduced to as low as
1-3 acres but that no density bonus be given in SR zones. Units would be allowed to attach in a
townhouse configuration with a two-story height limit and no stacked units. The current practice
would continue of having the City Council approve those types of PUDs where there is a change in
use. There would be some criteria for approval of these PUDs such as access to collector arterial
streets,proximity to transit service,proximity to and convenience of commercial services, and
compatibility with surrounding neighborhoods. This alternative would be limited to SR6 and/or SR8
zoning districts.
Chair Tim Clark recollected specifically dealing with the issue of trying to somehow make a dent in
the deficit of affordable housing in the Kent market area. He asked for a way to encourage that with
incentives and/or to provide some type of requirement for developers to achieve that goal. Needed
would be a working definition of what is meant by affordable.
Sandy Amodt asked for a definition of affordable housing. Fred Satterstrom explained that staff had
done some research of what other cities and King County had done as incentives for affordable
housing. King County has what are called public benefit units. If developers of rental or
condominium projects set aside certain units to be marketed, rented or sold depending on the
circumstance,to persons of either low or moderate income and make those units available to them,
they get a density bonus. A fairly complicated formula for how many units are required would
depend on what the public benefit housing units were. The'incentive varies depending on what type
of housing is provided.
Rico Yingling suggested looking at the whole issue of affordable housing in an integrated fashion as
opposed to piecing it into one policy. Tim Clark said there was no way to deal with the entire
integrated housing units of the City. The Comprehensive Plan was adopted as an overall picture of
what the City is trying to accomplish and the only way to change things is through amendments
which can be a long process. He said there is a severe crisis in greater South King County in terms of
affordable housing and something must be done now. The original method for young families
starting out of buying older homes and then upgrading as finances allowed, is all but impossible in
the current market.
Sandy Amodt questioned if there could be a stipulation to prevent condominium owners from renting
their units, or if there could be a clause that says only a certain percentage could be rentals. Mr.
Clark said the City Attorney's office has said it is.not possible to prevent owners from renting.
Creating a clause stipulating that a percentage of units have to be rentals is not something the City
can establish but is up to condominium associations. Fred Satterstrom clarified that both proposals
brought before the Committee are aimed at the objective of increasing ownership opportunities.
Rico Yingling moved that the Public Works/Planning Committee recommend that the proposed
Condominium Zoning Code Amendments, as outlined in the memo, be fonvarded to the Land
r
Public Works/Planning Committee,4/19/99 3
Use and Planning Board for refinement and public hearing, as amended. Sandy Amodt
seconded the motion and it passed 3-0.
Tim Clark opened the discussion up to members of the audience. He reminded them that the actual
work would be done in the Land Use and Planning Board where specific language would be adopted
and the public hearing would take place.
Roger Hebert, of Hebert Construction, asked if a unit on a hill where the garage might be lower with
two floors above it would be considered more than two-stories. Rico Yingling said that question
would have to be answered in the public hearing.
Jack Lynch, representing Alex Shulman, owner of property that's been under consideration for a
couple of years in Midway, said he has problems with the current proposal as he feels it would not
work for their site which is seven acres, but with less than half developable. The situation is
significantly constrained and Mr. Lynch said he does not understand why the City wouldn't be
willing to consider the development agreement that they have proposed which agrees with the height
limit, no stacked units, and the density constraint. The site is now zoned commercial but is somewhat
oriented towards the residential to the West and South which is a combination of single and
multifamily versus commercial. He said this current proposal is not amenable to a site where
clustering is needed. The number of units on the Shulman site has been limited to 77 to be as tight as
possible, however it would make it very difficult to work by doing individual lots and setbacks. He is
concerned this townhouse provision would not be functional for a situation other than more of a
traditional lot by lot subdivision. The PUD applies to single family only and the density there would
be low.
Paul Morford, P.O Box 6345, Kent, 98064, said he felt as guidelines the proposal has serious
problems. He has built condominiums, apartments, and single homes and doesn't feel there is
anything such as affordable housing. One concern he had was that if a developer wanted to do
townhouses or condominiums on property with Garden zoning, which is 16 units per acre, he'd be
downzoning rather than upzoning. If the project goes to a full subdivision, water retention is a big
item with 20 foot wide roads. He said water retention in the valley is three times what it is on the hill
and that drives the cost up because it uses up more land.
Fred Satterstrom clarified some points. Subdividing was to provide the opportunity to sell a lot, not
to provide another mechanism for requiring additional street improvements. He said the development
standards may have to be whittled down or be divorced entirely from the subdivision code. If
someone has MRG zoning now they wouldn't need the Townhouse Zoning district as they would be
able to do townhouses in two-three story configurations, or do apartments. Townhouse zoning would
only be attractive to someone who either had commercial zoning, office zoning, or something other
than multifamily zoning.
Neighborhood Traffic—Resolution
Assistant City Attorney Tom Brubaker said Council Member Tom Brotherton requested a look into
neighborhood traffic control programs,pedestrian friendly designs for subdivisions, and development
regulations in the City of Kent. Rico Yingling wanted to ensure the inclusion of the connectivity of
•,., neighborhoods and the areas that give service to those neighborhoods such as parks, retail businesses,
and schools. Also, that improved pedestrian access would be within the neighborhoods as well as to
services and other neighborhoods adjacent to the planned community.
Public Works/Planning Committee,4/19/99 4
Sandy Amodt moved that the Public Works/Planning Committee recommend to the Council
passage of the resolution directing the Mayor to review and implement policies and standards
relating to enhanced neighborhood traffic control, and incorporating the ideas just discussed.
The motion was seconded by Rico Yingling and carried 3-0.
The meeting was adjourned at 4:57PM.
Jackie Bicknell
Council Secretary
REPORTS FROM SPECIAL COMMITTEES
CONTINUED COMMUNICATIONS
A.
EXECUTIVE SESSION
A) Labor Negotiations
yam'